Gender Neutral Toilets: Madras HC Seeks Govt’s Response On Plea Filed By A Transgender

The Madras High Court has ordered the State to respond to a petition for gender-neutral public restrooms in educational institutions, bus stops, railway stations, airports, and other public places.

The bench of Acting Chief Justice T. Raja and Justice Bharatha Chakravarthy directed the State counsel to seek instructions and respond to the petition within a week.

The court was hearing a plea filed by a transgender, Fred Rogers. The petitioner claimed that while transgender people in the state are given the option of using toilets of their own self-identified gender, they are verbally, physically, and sometimes sexually harassed whenever they try to use them.

Advocate Arun Kasi, who appeared on behalf of the petitioner, stated that gender neutral toilets will benefit not only the gender non-confirming, non-binary, queer, and other communities, but also disabled children and parents who require the assistance of others (sometimes of opposite genders) to use the toilets.

The petitioner also claimed that gender neutral toilets would promote inclusivity and eliminate the stigma associated with gender nonconformity. It was argued that providing public toilets to all members of society is one of the government’s responsibilities.

The bench asked the State why appropriate steps are not being taken to address this issue after finding the prayers to be genuine. The State responded that building gender neutral toilets would take time.  However, the State also said that it is not opposing the idea.

The court then suggested that until gender neutral restrooms are built, some existing public restrooms be converted into gender neutral restrooms.

“We do not have a gender neutral toilet even in our High Court premises. While such toilets must be constructed, in the meantime, if some of the existing public toilets are reserved to be used only by trans persons, their problem can be solved,” the bench noted.

Directing the State counsel to seek instructions on the matter, the court adjourned the case by a week.