Ensure that no new public space is constructed without toilets for trans people: HC to Delhi govt

New Delhi: The Delhi High Court Thursday told the Delhi government that wherever new public spaces are being developed, there should be separate toilets for transgenders and directed it to look into this aspect without any delay

A bench headed by Acting Chief Justice Vipin Sanghi, which was hearing a PIL seeking separate washrooms for the third gender, sought a status report from the Delhi government on the steps taken by it to build separate toilets for transgender persons and the number of such facilities created.

Let a status report be filed by GNCTD, indicating what steps have been taken till date for the creation of separate toilets for transgenders. Number of toilets created so far should be disclosed. It should also be disclosed whether in new constructions/development of public spaces, separate toilets for transgender persons are being created or not. If not, we direct the respondents to look into this aspect without any delay, ordered the bench also comprising Justice Navin Chawla.

At least wherever you are making new development, new buildings, public places, there you should provide. Are you providing that? asked the court.

The Delhi government counsel informed that some time is required for building the infrastructure and for the time being, transgender may use the toilets built for physically disabled persons.

The counsel for the petitioner stated that the present issue has been pending for a long time and the government has set a timeline of two years for building the toilets.

They are taking steps. This cannot be raised overnight. Earlier it was not there... They have said in the meantime toilets meant for persons with disabilities will be used, the court said.

Last year, the court had asked the Centre, Delhi Government, and municipal authorities to respond to the PIL by fifth-year law student Jasmine Kaur Chhabra seeking direction to construct separate washrooms for the third gender on the ground that the absence of separate public toilets for transgenders makes them prone to sexual assault and harassment.

The petition has said that the absence of gender-neutral toilets goes against the directions of the Supreme Court and in spite of funds from the Centre, no separate toilets are being made for the transgender or third gender community in Delhi.

It has further said Mysore, Bhopal, and Ludhiana have already started taking action in this regard and have built separate public washrooms for them but the national capital is still seen nowhere taking such an initiative.