Separate Toilets For Transgender Persons Needed In Gujarat: PIL Raised At Gujarat High Court

Petitioners in Gujrat moved the court with a PIL for separate toilets for transgender persons. As is the case with other states in India, the LGBTQ community has been fighting its battle for basic amenities that cisgender heterosexual people enjoy in the country.

Any public place that one walks into will find a male and female washroom if washrooms have been segregated based on gender. However, transgender persons who do not identify with the sex assigned at birth find themselves coerced into using a toilet of a gender they do not identify with.

Separate Toilets For Transgender Persons?

The PIL stated to the court that after the NALSA Vs. Union Of India, transgender persons in India have officially been recognised as the third gender in India. During the NALSA judgement, the Supreme Court of India ordered the Central Government to provide medical care and separate toilet facilities for transgender persons.

The NALSA judgement therefore entitled them to equal treatment as all cisgender heterosexual persons residing in the country.

The plea petition stated that not granting equal rights to transgender persons as other heterosexual beings accounts for discrimination based on sex.

When transgender persons are forced to use washrooms of the gender they do not identify with they are subjected to abuse, harassment, and much agony. It is violative of their right to privacy and violative of articles 14 and 21 which guarantee the right to equality and the right to live with dignity respectively.

The PIL conveyed that the transgender persons hesitated and felt discomfort to use a toilet of a gender they did not identify with. It further conveyed the need for a safe and accessible toilet that the third gender could use without the fear of violence or abuse. Having basic amenities such as a safe washroom to use is the bare minimum that should be available to any individual irrespective of gender.

After hearing the plea, the Gujarat High Court presided by Justices Desai and Vaishnav asked the authorities to respond to the plea by June 16.

Suggested Reading: Queer Non-Binary Lawyer Writes To SC For Inclusivity On Gender Sensitisation Committee