Delhi HC Seeks Response From Delhi Govt On The Progress Regarding Separate Toilets For Third Gender People

Case Background

• The name of the case is Jasmine Kaur Chhabra V. Union of India
• A petition was filed by Jasmine Kaur Chhabra, before the Delhi High Court, for directions to the Central Government for making provisions for separate public toilets for the third gender.
• The main contentions put forward in the plea was that the transgender community has been infringed of its Right to Privacy guaranteed under Article 21 of the Constitution due to the non-availability of separate toilets.
• Besides inconvenience, these people are also facing harassments when using toilets built for males and females.
• Though the Delhi Government assured to make the relevant provisions for it, yet the petitioner alleged there has been no visible progress of the same.
• When the matter was placed before the Delhi High Court on 26th June 2021,the Court issued notice to the State seeking its response to the plea.

Petitioner’s Submission

• The petitioner, Jasmine Kaur, is a final year Law student, who moved to the Delhi High Court through Advocate Rupinder Pal Singh.
• The petition had sought for separate public toilets for the third gender community. It cited various provisions to support the cause.
• Non-provision of such a facility would affect the transgender community’s rights guaranteed under Article 14 (Right to Equality) and Article 21 (Right to life, liberty; Right to Health; and Right to Privacy).
• Besides, the Swacch Bharat Mission guidelines, dated 15th October 2017, also provided for the building of separate toilets, and therefore, the plea sought the Centre’s compliance with those guidelines.
• Furthermore, the Supreme Court has protected the rights of the third gender through its Judgement in NALSA vs Union of India and Navtej Singh Johar v. Ministry of Law.
• When the matter was heard on 25th May 2021, the Delhi Government made its submissions.
• However, the petitioner, during the present hearing submitted that there was no update on the status of work.

Respondents Submission

• During the previous hearing, on 25th May 2021, the Delhi Government stated that it has taken all the necessary steps under Section 22 of the Transgender Persons (Protection of Rights) Act, 2019.
• It also submitted that arrangements have been made to make “T” signs on the toilets of such people.
• However, at the present hearing, no Counsel appeared on behalf of the State.

Court’s Order

• Since there were no submissions on behalf of the Respondents, the Bench of Chief Justice DN Patel and Justice Jyoti Singh issued a notice to the State seeking its response on the progress regarding the construction of separate toilets for third gender people.

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