NDMC’s Actions Upheld: Delhi High Court Closes Writ Petition for Transgender Toilets

In a significant ruling, the Delhi High Court has closed the writ petition filed by the counsel for transgender rights regarding the construction of separate washrooms for transgenders/third genders. NDMC’s efforts to build transgender toilets at additional locations in Connaught Place have been commended, leading to the closure of the petition. This marks a positive step towards ensuring equitable access to public facilities for all individuals.

Facts

  • The NDMC has filed three action taken reports in response to the court’s directions.
  • The first report details the action taken on the issue of encroachments and unauthorized construction.
  • The second report provides information on the steps taken for waste management and cleanliness in the area.
  • The third report outlines the measures implemented for maintaining the green cover and plantation drives.

Arguments

  • The State is obligated to provide basic facilities for Transgender persons
  • This includes separate public toilets designated for their use
  • The facilities should comply with the judgment passed
  • Toilets meant for persons with disabilities can be designated for Transgender persons’ use

Decision

  • The writ petition was filed requesting a mandamus for the construction of separate washrooms for transgenders/third genders.
  • The Court had directed the Respondents to provide a status report on the progress of building transgender toilets within 4 weeks.
  • NDMC has built toilets for transgender persons at two additional locations – Inner Circle Connaught Place-D Block and Inner Circle Connaught Place – F Block.
  • The Court has closed the writ petition based on the status report and action taken report, holding the Respondents accountable for their commitments.
  • The counsel for the Petitioner has agreed to the closing of the petition but requested that the Respondents honor the undertakings made in the reports.

Case Title: JASMINE KAUR CHHABRA Vs. UNION OF INDIA & ORS. (2024:DHC:3921-DB)

Case Number: W.P.(C)-2997/2021

Click here to read/download original judgement

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