Separate Toilets For Transgender Persons Will Be Created On Fast Track Basis: Delhi Govt To High Court

The Delhi Government has informed the High Court that it is making all possible efforts to ensure creation of separate toilets for the use of Transgender persons and that the same will be done on a fast track basis.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was further informed by the Delhi Government that as many as 505 toilets meant for Persons with Disabilities have been designated for the use of Transgender or Third Gender persons.

The status report filed on July 27 by Delhi Government's Department of Social Welfare further stated that a total of 9 new toilets for the use of Transgender persons had already been constructed and that further construction of 56 more toilets was underway.

Furthermore, it was stated that earnest efforts were being made by the Delhi Government to ensure that work on creation of separate toilets for transgender persons is completed on a fast track basis.

"In view of the above, the Respondent/GNCTD is granted six weeks' time to file a fresh Status Report informing this Court about the new toilets constructed for the use of Transgender/Third Gender persons," the Court ordered.

The development ensued in a PIL filed by Jasmine Kaur Chhabra through Advocate Rupinder Pal Singh.

The plea seeks directions to take necessary action in compliance of Swacch Bharat Mission guidelines dated 15th October 2017 specifying the need to make seperate toilets for transgender community. 

Additionally, directions are sought for maintaining hygiene of such washrooms so that the rights of transgender community are protected in terms of the NALSA Judgment.

Stating that every human being, irrespective of the gender, has basic human rights including use of separate public toilets, the plea avers that not providing such facilities to transgender or third gender persons will be in violation of Article 14 and 21.

The matter will now be heard on 14 November.

Case Title: Jasmine Kaur Chhabra v. UOI & Ors.

Citation: 2022 LiveLaw (Del) 741

Click Here To Read Order