Over 500 toilets meant for Persons with Disabilities can be used by Transgenders: Delhi Govt tells High Court

 

The Delhi Govt has informed the High Court of Delhi that 505 toilets meant for persons with disabilities (PwD) have been designated for the use of transgenders & creation of separate washrooms for the third gender persons will be done on a fast track basis.

The Govt of Delhi also informed the High Court that 9 new toilets have already been constructed for the use of transgenders & the construction of 56 more washrooms for them is underway.

A bench of Chief Justice Satish Chandra Sharma & Justice Subramonium Prasad granted 6 weeks time to the Delhi Govt to file a status report informing the Court about the new toilets constructed for the use of transgenders/ third gender persons.

 

It listed the matter for further hearing on Nov 14.

The Court was hearing a Public Interest Litigation by Jasmine Kaur Chhabra, a law student at that time, 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 & harassment. 

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

The HC had earlier issued notice to the Centre, Delhi Govt & municipal authorities on the plea.

The Delhi Govt, in its latest status report, said that as per the Action Taken Report submitted by various departments a total of 505 toilets meant for persons with disabilities have been designated for use of transgender persons.

With regards to the creation of separate identified public toilet facilities for transgender persons, it was submitted that nine new toilets have been created, 56 toilets are under process & 6 are yet to start.

The Govt said in the report that earnest efforts are being made to ensure that work on creation of separate toilets for transgender persons is completed on a fast-track basis.

The HC had earlier told the Delhi Govt that wherever new public spaces were being developed, there should be separate toilets for transgenders & directed it to look into this aspect without any delay.

The Delhi Govt counsel had informed that some time was required for building the infrastructure & for the time being, transgender may use the toilets built for physically disabled persons.

The lawyer for the petitioner had said that the present issue has been pending for a long time & the Govt has set a timeline of 2 years for building the toilets.

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

There are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault & harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before the law & equal protection of the law & violates Article 14 of the Constitution, the petition, filed through advocate Rupinder Pal Singh, has said.

People, including men, women, & transgenders, feel uncomfortable & hesitate when the third gender uses washrooms which are made for others, the plea submitted, adding this also violates the 'right to privacy of the third gender. 

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