Read Time: 05 minutes

The Delhi High Court today issued notice in a plea seeking construction of separate Public washrooms for  Trangender/Third Genders.

The Division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing a plea filed by a final year Law Student Jasmine Singh Chabbra through Adv Rupinder Pal Singh.

The petitioner has submitted that she has visited various public places and observed that there are no separate public toilets for the transgenders/ third gender. Being a concerned citizen, the petitioner has submitted that she would like to bring to the knowledge of the Government about their non-performance in providing adequate services to the society, by not building separate public toilet facilities specially for the transgenders even after being discussed and directed by our Supreme Court of India and various High Courts in this issue.

The petitioners has further submitted that that since here are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault and harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before law and equal protection of law which violates Article 14 of the Constitution of India . They don't even have any remedy available for the same as there are no provisions in the IPC that protects transgenders from sexual assault by any male, female or another transgender.

It has further been pointed out that the Swachh Bharat Mission (Urban) Revised Guidelines  dated Octoberr 5, 2017 specifies to make separate seats/toilets for the trans-gender community. The petitioner has thus sought for a direction to take necessary actions as per the Swachh Bharat Mission (Urban) Revised Guidelines vide dated specifying the need to make Separate seat/toilets for trans-genders.

The petitioner has also submitted that a Representation to the seriousness of this issue was sent on October 7, .2020 to all the concerned Government Authorities/ Departments and all the Municipal bodies/ NCT of Delhi and Delhi Metro Rail Corporation Limited but, till date no necessary actions have been taken regarding the concerned issue which is affecting the rights of the third gender/ Trans-gender Community.

The matter has been listed for next hearing on September 13.

Case Title: Jasmine Singh Chabbra vs Union Of India and Ors