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Delhi High Court on April 21, 2022 directed the Delhi government to update the Bench on the various steps taken to ensure separate toilets for transgender people and the details therein, reported LiveLaw.

According to the report, a Division Bench comprising of acting Chief Justice Vipin Sanghi and Justice Navin Chawla demanded a status report from the government regarding: the steps taken by the government to form the separate toilets, the number of toilets constructed so far and the inclusion of the toilets in new constructions of public spaces.

“If not, we direct the GNCTD to look into this aspect without any delay,” said the Bench, adding, “At least wherever you are making new development and new buildings, there you should be providing.”

According to the government, the social welfare department in February 2021 moved to have separate toilet facilities for transgenders. Until then, it directed that existing toilets meant for persons with disabilities be designated for transgender people.

However, petitioner and law student Jasmine Kaur Chhabra, seeking the construction of separate toilets for transgenders, said that the government asked for over two years to build the facilities. In her plea, she cited Article 14 and 21 and argued that every human being, irrespective of gender, has some basic human rights, including the right to have a separate public toilet.

“It is not fundamentally or morally judicious/correct to ask any specific gender to use a public toilet which is made for another gender,” argued the petition, as per an Indian Express report.

Still, the Bench asked the petitioner to give the department enough time to build the amenities.

Chhabra further cited the Transgender Persons (Protection of Rights) Act, 2019 criminalises discrimination against a transgender person in education, employment, healthcare, movement and right to reside. She argued that the lack of separate toilets is a serious and concerning issue which the transgender community faces in their daily life. Despite several judgments and orders passed by the Supreme Court and other high courts, no action has been taken in this regard.

Chhabra also argued that the Swachh Bharat Mission (Urban) Revised Guidelines from 2017 recommend the creation of separate toilet seats for transgender people. Using a toilet meant for binary genders violates the third gender’s Right to Privacy, she argued in her plea. Accordingly, the court demanded updates from the government.

The matter is scheduled for further hearing on July 29.

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