Delhi High Court directed Local Authorities to construct Separate Toilets for Transgenders

Delhi High Court directed Local Authorities to construct Separate Toilets for Transgenders

Yesterday, Delhi High Court directed the Delhi government’s Public Works Department and the New Delhi Municipal Corporation to construct separate toilets for transgender persons in the city, warning that it shall direct the personal appearance of the PWD Secretary and NDMC Chairman in case of non-compliance.

While hearing a public interest litigation plea moved by one Jasmine Kaur Chhabra seeking direction to construct separate washrooms for transgender persons on the ground that the absence of such public toilets makes them prone to sexual assault and harassment. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted eight weeks time to the PWD to file a status report and ensure that “toilets are constructed as expeditiously as possible” 

“In case of toilets are not constructed within the aforesaid period, the court will be directing the appearance of the secretary, PWD, on the next date of hearing.”

Delhi High Court further noted that “except for paperwork, the ground reality is that nothing has been done”. The court said that the feasibility report does not mean that the toilets have been constructed, granting eight weeks time “as last indulgence” to the NDMC to ensure that toilets are constructed before the next hearing “failing which personal appearance of the Chairman of NDMC” will be directed.

The PIL states that the absence of gender-neutral toilets goes against the directions of the Supreme Court, and in spite of funds from the Centre, no separate toilets are being made for the transgender or third-gender community in the Capital. 

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