More than 100 Toilets for Transgender Individuals Built in Delhi: Govt to HC

City authorities in the national capital on Monday informed the High Court that it had built over 100 toilets for transgender individuals.

The counsel representing the social welfare department informed a bench led by Chief Justice Satish Chandra Sharma that a total of 102 such restrooms have been constructed, with an additional 194 in progress. The court was assured that efforts are being made to expedite the construction of these facilities.

Additionally, the counsel for the New Delhi Municipal Council (NDMC), operating under the Union Ministry of Home Affairs, stated that 12 toilets for transgender individuals are operational within its jurisdiction, and tenders for the construction of 79 more have been awarded. This area is commonly known as Lutyens’ Delhi.

The bench was hearing a Public Interest Litigation (PIL) filed by Jasmine Kaur Chhabra, which sought a directive to build separate restrooms for the transgender community, citing concerns that the absence of such facilities leaves transgender individuals vulnerable to sexual assault and harassment.

Having previously ordered the swift construction of public toilets for transgender individuals, the court noted that “substantial progress” had been made by the authorities and stated it would pass an order on the petition. The bench, consisting of Justice Sanjeev Narula, indicated its intention to dispose of the matter.

On March 14, the high court had issued a warning, stating that in the event of non-compliance with its directive to construct public toilets for transgender individuals, it would require city officials to appear before it. The court had noted that, according to the status report filed by the city government, while the construction of such toilets was reported to be underway, none had been completed.

The PIL emphasized that since the transgender community constitutes 7-8 percent of the total population of the country, authorities must provide toilets for them to ensure equal treatment. It mentioned that other cities, such as Mysore, Bhopal, and Ludhiana, have taken steps to build separate public restrooms for transgender individuals, whereas the national capital had not taken such an initiative.

The petition argued that the absence of separate restroom facilities for transgenders forces them to use male toilets, where they are at risk of sexual assault and harassment. Such discrimination, based on sexual orientation or gender identity, violates Article 14 of the Constitution, which guarantees equality before the law and equal protection of the law.

The plea also asserted that the use of restrooms by transgender individuals that are intended for others makes people, including men and women, feel uncomfortable and violates the “right to privacy” of the transgender community.

Last year, the Delhi government informed the high court that 505 toilets designated for persons with disabilities had been made available for use by transgenders, and the construction of separate restrooms for them would be expedited. The high court had previously advised the government to ensure the provision of separate restrooms for transgenders wherever new public spaces were being developed.