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Gujrat: The Gujarat High Court Wednesday issued notice to the Central and State governments on a public interest litigation (PIL) petition seeking separate toilets for transgender persons in Gujarat [Dr Sneha Ashwinbhai Trivedi vs Union of India].
A bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav asked the authorities to respond to the plea by June 16.
Advocate Vilav Bhatia appearing for the petitioner Dr Sneha Trivedi, a physiotherapist, told the bench that while there are public toilets either for male or female, but there is not a single toilet in Gujarat for the transgender persons, who constitute the third gender community.
“Issue notice to the authorities,” the bench said after hearing the submission.
In her petition, Trivedi said that every human being has 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.
The petition further pointed out that the Supreme Court in the NALSA vs Union of India, recognised transgender persons as the third gender in our country, thereby entitling them to equal rights and treatment.
“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 utilise washrooms meant for male or female,” the plea said.
In the NALSA judgment, the top court had ordered the Central government and the States to take proper measures to provide medical care to transgender persons in hospitals and provide them separate public toilets.
“The transgender, male and female, feel certain amount of uncomfortableness 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 plea highlighted
The petitioner further pointed out that since there are no separate public toilets for the transgender persons, they are compelled to use the toilets meant for men, where they are prone to sexual assault and harassment.
“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 a gender-neutral toilets to ensure all individuals including transgenders have access to safe and dignified washrooms,” the plea added.
The government and the society as a whole must take steps to create a more inclusive and accepting environment for transgender persons in India, the petitioner urged.
