The Delhi government informed the Delhi High Court on Monday that they have constructed over 100 toilets exclusively for the use of transgender individuals in the national capital.

During the court proceedings, the counsel representing the social welfare department revealed to a division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula that a total of 102 such toilets have already been constructed, and an additional 194 are currently under construction.

"Efforts are being made and further action will be taken expeditiously," the counsel submitted.

The counsel representing the New Delhi Municipal Council (NDMC), which operates under the union ministry of home affairs, updated the bench by stating that 12 toilets designated for transgender individuals are currently operational within its jurisdiction. Furthermore, they mentioned that tenders for the construction of an additional 79 such toilets have already been awarded. This area is commonly known as Lutyens' Delhi.

Acknowledging the "substantial progress" made by the authorities, the bench stated its intention to issue an order regarding the petition. The court then directed, "We will dispose of it," indicating that they would take further action to address the matter.

The court was presiding over a Public Interest Litigation (PIL) filed by Jasmine Kaur Chhabra. The PIL raised concerns about the state government's failure to provide adequate services to society, particularly in the context of constructing separate public toilet facilities for transgender individuals. It pointed out that despite discussions and directives from the Supreme Court and various High Courts on this matter, the state government had not taken sufficient action to address this issue.

The plea filed by Jasmine Kaur Chhabra through Advocate Rupinder Pal Singh stated that "Every human being be it of any gender has some basic human rights one of which includes facilities for using separate public toilets. It is not fundamentally or morally judicious/correct to ask any one specific gender to use a public toilet which is made for any other gender."

In her plea, Jasmine Kaur Chhabra argued that, in accordance with the Supreme Court's decision in the case of National Legal Services Authority vs. Union of India (2014), the State is obligated to provide essential facilities, such as separate public toilets for transgender or third-gender individuals. The Supreme Court's decision in that case affirmed the rights and recognition of transgender individuals and emphasized the need for their inclusion and equal treatment in society, including access to public facilities.

It has been argued that "since, there are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault and harassment."

The plea underscored a significant gap in the provision of separate public washrooms for the third gender in India. It pointed out that among the 29 states in the country, only a few cities, namely Mysore, Ludhiana, and Bhopal, have implemented separate public washrooms specifically designed for the third gender. This highlights the broader need for such facilities to be established across the nation to ensure the rights and dignity of transgender individuals.

Additionally, "the transgender community consists of 7-8% of the total population of this country which makes it very necessary for the authorities to provide same facilities and equal treatment to them in this regard," the plea added.

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