Gujarat High Court requests Central and State responses on PIL advocating for separate toilets for transgender individuals

On Wednesday, the Gujarat High Court issued a notice to the Central and State governments in response to a public interest litigation (PIL) petition filed by Dr Sneha Ashwinbhai Trivedi against the Union of India. The bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav directed the authorities to respond to the plea by June 16.

Advocate Vilav Bhatia, appearing on behalf of the petitioner, informed the court that while public toilets are available for male and female individuals, there are no separate toilets in Gujarat for transgender persons, who constitute the third gender community. The bench agreed and issued a notice to the authorities.

In her petition, Trivedi argued that every human being is entitled to basic human rights, including the right to use separate public toilets, regardless of their gender. She further pointed out that the Supreme Court in the NALSA vs Union of India case recognised transgender persons as the third gender in India, thereby entitling them to equal rights and treatment.

The plea highlighted that not having a separate facility for transgender persons to use public washrooms would violate Articles 14 and 21 of the Indian Constitution. It further argued that transgender individuals face trauma, agony and harassment when they are forced to use washrooms meant for male or female.

The petition also noted that the Supreme Court in the NALSA judgment ordered the Central government and the States to provide medical care to transgender persons in hospitals and provide them separate public toilets. It further argued that when transgender persons use washrooms meant for other genders, their right to privacy is violated.

Finally, the petitioner urged the government and society to create a more inclusive and accepting environment for transgender persons in India. She argued that discrimination on the ground of sexual orientation or gender identity impairs equality before law and equal protection of law, and that transgender individuals deserve a safe and accessible place to use a restroom without fear of any harassment or violence.