HC seeks report on toilets for trans persons

The court was hearing a plea by Jasmine Kaur Chhabra, through advocate Rupinder Pal Singh, specifying the need to make separate toilets for transgender community and seeking directions to take necessary action in compliance with Swachh Bharat Mission guidelines dated October 15, 2017.

The Delhi high court on Thursday asked the city government to file a status report on the creation of separate toilets for transgender persons in public places, including details of the number of such facilities created so far.

The matter will be heard on July 29. (Ajay Aggarwal /HT Photo)

“Let a status report be filed by GNCTD, indicating what steps it has taken till date for creation of separate toilets for transgender persons. Number of toilets created so far should be disclosed. It should also be disclosed whether in new constructions in public spaces, separate toilets are being created for transgender persons. If not, we direct the GNCTD to look into this aspect without any delay,” said a bench of acting chief justice Vipin Sanghi and justice Navin Chawla.

The court was hearing a plea by Jasmine Kaur Chhabra, through advocate Rupinder Pal Singh, specifying the need to make separate toilets for transgender community and seeking directions to take necessary action in compliance with Swachh Bharat Mission guidelines dated October 15, 2017.

Additionally, directions have been sought for maintaining hygiene of such washrooms so that the rights of transgender community are protected in terms of a National Legal Services Authority (NALSA) judgment.

During the course of hearing, the Delhi government informed the court that its department of social welfare has already issued a notice on February 12, making provisions for separate toilets for the third gender. It was submitted that until such toilets are constructed, public toilets built for physically disabled persons may be used by transgender persons.

The petitioner’s counsel argued that the two years sought by the government to build separate toilets is too long.

However, the bench responded, “So they are taking steps, this can’t be raised overnight. They have said in the meantime toilets for disabled may be used. So it’s not that there is no toilet at all. As society is becoming more aware, more evolved to these things, you need to give time.”

The matter will be heard on July 29.