‘Only on paper’, Delhi HC directs PWD, NDMC to expedite construction of toilets for transgender persons

With respect to the status report filed by the NDMC, the High Court observed that as per the body’s status report the “construction of separate toilets is in progress”.

Written by Malavika Prasad

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

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was 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.

Perusing the status report filed by the Delhi government, the court observed, “Status report has been filed informing this court that the state has taken appropriate action keeping in view the Transgender Persons (Protection of Rights) Act in the matter of construction of public toilets. However, the status report reveals that toilets have not been constructed at all.”

The High Court granted eight weeks time to the PWD to file a status report and ensure that “toilets are constructed as expeditiously as possible” and said, “In case toilets are not constructed within the aforesaid period, the court will be directing the appearance of secretary, PWD, on the next date of hearing.”

With respect to the status report filed by the NDMC, the High Court observed that as per the body’s status report the “construction of separate toilets is in progress” and that the report also encloses a “feasibility report”. The HC, however, observed that “except for paperwork, ground reality is that nothing has been done”. The court said that 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 HC asked local bodies and organisations, including the Municipal Corporation of Delhi (MCD), to file a detailed status report on the number of toilets for transgender persons in the national capital within eight weeks, listing the matter on July 14.

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 Delhi. The plea states that the transgender community consists of seven to eight percent of the total population of the country which makes it necessary for the authorities to provide for them the same facilities as the rest of the population.

The court had previously told the government that wherever new public spaces were being developed, there should be separate toilets for transgenders and directed it to look into this aspect without any delay.

Courtesy  : TIE

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