143 toilets built for transgenders in Delhi, govt tells HC

The Delhi government has informed the high court that it has constructed 143 toilets exclusively for transgender persons in the national capital.

In a status report presented to a bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora, the Delhi government’s social welfare department stated that construction is underway for an additional 223 toilets, with work yet to begin on 30 more.

Additionally, the government mentioned that there are 1,584 toilets designated for persons with disabilities, which are also intended for transgender persons.

The Delhi High Court accepted the government’s status report from January and concluded the proceedings in a PIL filed by Jasmine Kaur Chhabra. The PIL sought directions for constructing separate washrooms for the transgender community to address concerns about sexual assault and harassment due to the absence of such facilities.

The court stated, “Making the respondents bound by the statement and undertaking given in the status report and action taken reports, the present writ petition is closed.” Advocate Rupinder Pal Singh, representing the petitioner, expressed no objection to closing the PIL, emphasizing that the government is bound by the commitments made in the status report and action taken reports.

Earlier, the social welfare department’s counsel had mentioned that 102 toilets were built and 194 more were under construction. The New Delhi Municipal Council (NDMC) informed the court that 12 toilets for transgender persons were operational in its jurisdiction, with tenders awarded for constructing 79 more.

The PIL underscored that the absence of separate toilets for transgender individuals subjects them to sexual assault and harassment in male restrooms. It argued that discrimination based on sexual orientation or gender identity violates Article 14 of the Constitution, impairing equality and equal protection under the law.

Moreover, the petition emphasized the discomfort and hesitation felt by individuals, including men, women, and transgenders, when the third gender uses restrooms designated for others, violating their right to privacy.

In 2022, the Delhi government informed the high court that 505 toilets for persons with disabilities were designated for transgender use, with plans to expedite the creation of separate washrooms for them. The court previously directed the government to ensure separate toilets for transgenders in new public spaces.

(With PTI inputs)