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Synopsis

The Delhi High Court recently granted the Department of Social Welfare, Government of NCT of Delhi (GNCTD) six weeks to file a fresh status report on the new toilets constructed for Transgender/Third Gender persons.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a Public Interest Litigation (PIL) filed by a final year law student, Jasmine Kaur Chhabra seeking directions to build separate public toilets for Transgender/Third Gender persons.

In light of the Supreme Court's decision in National State Legal Authority vs. UOI (2014), Chhabra in her plea contended that the State is obligated to provide basic facilities, including separate public toilets for Transgender/Third Gender people.

Court noted that as per the status report dated July 27, 2022, filed by the Department of Social Welfare, Government of NCT of Delhi (GNCTD), 505 toilets intended for Persons with Disabilities have been designated for use by Transgender/Third Gender people and 09 new toilets for Transgender/Third Gender people have already been built, and the construction of 56 more toilets for Transgender/Third Gender people is currently underway.

Court further noted that the GNCTD filed a detailed chart containing minute details regarding toilets for transgender.

Counsel for GNCTD submitted that the State is making every effort to create separate toilets for the use of Transgender/Third Gender people, and the same will be done on a fast-track basis.

Accordingly, Court listed the matter for November 14, 2022 for further hearing.

Case Title: Jasmine Kaur Chhabra v. Union of India & Ors.