Delhi HC Closes PIL Seeking Separate Public Toilets For Transgender/Third Gender Persons; Records Statements/Undertakings By NDMC & GNCTD

The PIL filed before the Bench averred that the State was under an obligation to provide basic facilities, including separate public toilets for the use of Transgender persons in accordance with the judgment passed by the Supreme Court in National State Legal Authority v. UOI, (2014) 5 SCC 438.

A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora observed, “In view of the aforesaid status report and action taken report, learned counsel for the Petitioner has no objection, if the present writ petition is closed. He, however, prays that the Respondents be bound by undertakings/ statements given in the said status report and action taken report. Holding the Respondents bound by the statements/undertakings given in the status report and action taken report, the present writ petition is closed.”

Advocate Rupinder Pal Singh represented the petitioner, while ASC Hetu Arora Sethi appeared for the respondents.

A public interest petition was filed seeking appropriate writ, order or direction for building separate public toilets for Transgender/Third Gender persons.

A status report submitted by the Department of Social Welfare, Government of NCT of Delhi, outlined the progress made in this regard. It revealed that several departments, including the Municipal Corporation of Delhi (MCD), Industries Department, and Public Works Department, were actively involved in the creation of separate identified public toilet facilities for transgender persons. The report indicated ongoing efforts to address the issue, with a significant number of facilities already completed.

Further, NDMC also provided an action-taken report detailing steps taken to build transgender-friendly washrooms at various locations. The report highlighted ongoing construction projects and tender processes aimed at enhancing sanitation facilities for transgender individuals.

Following the submission of these reports, the petitioner expressed satisfaction with the progress made and requested the Court to close the petition, subject to binding undertakings from the authorities.

The Court accepted the petitioner's request, holding the respondents accountable for statements/undertakings made in the status and action taken reports.

Accordingly, the High Court closed the petition.

Cause Title: Jasmine Kaur Chhabra v. Union of India & Ors. (Neutral Citation: 2024:DHC:3921-DB)

Appearance:

Petitioner: Advocate Rupinder Pal Singh

Respondents: ASC Hetu Arora Sethi and Abhinav Bajaj; Advocates Kavita Nailwal, Saksham Ojha and Geetashi Chandna

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