Ahmedabad: Even as the Supreme Court is seized of a contentious issue of same-sex marriage, the Gujarat High Court is handling a public interest litigation (PIL) seeking separate toilets for transgender persons in the State.
A division bench comprising Acting Chief Justice AJ Desai and Justice Biren Vaishnav on Wednesday issued notices to the Centre and the Gujarat Government following the PIL filed by Sneha Trivedi, a physiotherapist.
The notices are returnable on June 16 for further hearings.
No toilets for transgender persons
Advocate Vilav Bhatia, who appeared for the petitioner, contended that Gujarat did not have a single toilet for transgender persons, while there were many public toilets for men and women. He pointed out that transgenders were the third gender community.
The petitioner submitted that every human being had some basic human rights, irrespective of their gender, one of which includes facilities for using separate public toilets.
“It is not fundamentally or morally judicious or correct to ask any one specific gender to use the public toilet made for the other gender,” she argued.
NALSA versus Union of India case
The petition cited the Supreme Court’s observation in the National Legal Services Authority (NALSA) versus Union of India case where it recognised transgender persons as the third gender and entitled them to equal rights and treatment.
The petitioner asserted, “So not having a separate facility to use a public washroom would violate Articles 14 and 21 of the Indian Constitution. They deserve equal treatment as specified to the two other genders by having separate washrooms built for them. They face trauma, agony and harassment when they use washrooms meant for male or females.”
The apex court had in the NALSA judgment directed the Centre and the States to take adequate measures to provide medical care to transgender persons in hospitals and provide them separate public toilets.
Advocate Bhatia pointed out that, “The transgender, male and female, feel a certain amount of discomfort and hesitation when the third gender person uses the washrooms meant for male or female.”
“So as a human, every individual deserves a safe and healthy environment while utilising washrooms for their basic necessities. When the third gender uses a washroom meant for other genders, their right to privacy is violated,” the petitioner’s counsel stated.
Sexual assault & harassment
He added that in absence of separate public toilets, the transgender persons are compelled to use the toilets meant for men, where they were prone to sexual assault and harassment.
Bhatia went on to submit that, “Discrimination on the ground of sexual orientation or gender identity impairs equality before law and equal protection of law. They need to be provided with a safe and accessible place to use a restroom without fear of any harassment or violence.”
“It is the need of the hour to have gender-neutral toilets to ensure all individuals including transgenders have access to safe and dignified washrooms,” the petition said.
