Delhi High Court seeks response from Delhi government on progress regarding separate toilets for Transgender persons

The Delhi High Court on Monday sought the response of the Delhi government regarding the progress made in building/ earmarking separate washrooms for persons from transgender communities (Jasmine Kaur Chhabra v UOI). .A Bench of Chief Justice DN Patel and Justice Jyoti Singh asked the government to apprise it of the progress made in this regard. The Court was hearing a plea filed by Jasmine Kaur Chhabra seeking directions to the government to make provision for separate public toilets for the third gender. Chhabra moved the Court earlier this year contending that people of transgender community feel uncomfortable using washrooms that are built for males and females, and that is violative of their right to privacy. They are also prone to sexual harassment because of lack of third gender toilets, it was submitted. When the matter was heard on May 25, the Delhi government had said that it has already issued notification under Section 22 of the Transgender Persons (Protection of Rights) Act, 2019, to build public toilets for Transgender Persons.It was further submitted Government of NCT will make 'T' signs on the toilets of the disabled people so the transgender community can use those washrooms .The petitioner had sought time to verify this information.When the matter was heard on Monday, Chhabra, appearing in-person informed the Court that there has been no update in the status of marking disabled toilets with 'T' as claimed during the last hearing. Since there was no one appearing on behalf of Delhi government, the Court proceeded to issue notice to the State.The petition by Chhabra stated that there are many transgender persons who have not disclosed their identity due to social stigma, and are deprived of basic health facilities resulting in them get affected by sexually transmitted infections (STIs) and other severe health issues."The transgenders, male and female, feel uncomfortable and hesitate when the third gender uses the washrooms which are made for male and female. So as a human, every individual deserves a safe and healthy environment while utilising washrooms for their basic necessities. When the third gender uses the washrooms made for male and female, then their Right to Privacy is violated," the petition said.It was the case of the petitioner that the absence of gender-neutral toilets goes against the judgments by Supreme Court of India in the NALSA vs UOl and Navtej Singh Johar v. Ministry of Law."Centre and state govt should take proper measures to provide medical care to transgenders ill hospitals and also provide them separate public toilets and other facilities," the petition said. .The petitioner submitted that even after several judgments passed by the Supreme Court of India and other High Courts, no action has been taken in this regard yet.