High Court Directs Separate Toilets for Third-Gender Persons in Public Spaces: Dignity, Not Discomfort
- ByAdmin --
- 18 Apr 2025 --
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In a groundbreaking move for inclusivity and public infrastructure reform, the Madhya Pradesh High Court has directed the state government to build separate public toilet facilities for transgender and third-gender individuals across urban and rural areas. The ruling is being seen as a vital step toward affirming the dignity, privacy, and health rights of transgender persons, as enshrined under the Constitution and previously emphasized in the landmark NALSA v. Union of India (2014) case.
This judgment not only highlights the need for gender-neutral urban planning, but also calls out the systemic invisibility and exclusion faced by the transgender community in everyday civic life.
Case Background: When Infrastructure Denies Identity
The petition was filed by a transgender rights group, alleging that public sanitation systems across Madhya Pradesh lacked inclusive facilities, forcing third-gender individuals to use male or female toilets — where they often faced:
- Mockery, harassment, or physical assault
- Health issues due to holding in bodily functions or avoiding public spaces entirely
- Social stigma and denial of access during long travels or city commutes
Despite the Transgender Persons (Protection of Rights) Act, 2019, which mandates non-discrimination in public services, including sanitation and healthcare, implementation remained poor or symbolic at best.
Court’s Directions and Key Observations
The bench, led by Justice Sheel Nagu, made several strong observations in its directive:
1. Right to Public Sanitation Is a Fundamental Right
Invoking Article 21 (Right to Life with Dignity), the Court emphasized that access to clean, safe, and non-threatening public toilets is a basic human right, and cannot be denied based on gender identity.
2. Denial of Toilets is Denial of Equality
The Court stated that the absence of separate facilities for third-gender persons violates Article 14, which guarantees equality before law, and Article 15, which prohibits discrimination on the grounds of sex — including gender identity.
3. Time-Bound Implementation
The Court directed:
- All urban local bodies and municipalities to construct at least one dedicated third-gender toilet in every ward within six months
- The Panchayati Raj Department to issue guidelines for rural toilet planning under the Swachh Bharat Mission
- The PWD and Smart City authorities to include gender-neutral toilets in new infrastructure projects
4. Sensitization and Training
The judgment also ordered sensitivity training for sanitation staff, city planners, and municipal officers, ensuring that transgender persons are not treated with disrespect or suspicion when using public facilities.
Why This Matters: Justice in the Everyday
a) Brings Everyday Dignity to the Legal Forefront
Legal victories on paper mean little without real-world infrastructure changes. This ruling connects constitutional identity recognition with tangible civic reform.
b) Reduces Health Risks for the Community
Several health surveys have shown that transgender persons often:
- Avoid drinking water while traveling to avoid using public toilets
- Experience urinary tract infections and bladder issues due to sanitation access problems
- Are forced to defecate in the open, especially during travel, which increases vulnerability to violence
c) Creates Safer Civic Spaces
With rising reports of abuse, stares, or police questioning faced by transgender people using binary-gender bathrooms, separate facilities are not a luxury — they are a necessity for safety.
Current Scenario Across India
Despite the NALSA judgment (2014) and the Transgender Act (2019):
- Less than 10% of Indian cities have third-gender toilets
- Where built, many are locked, repurposed, or inaccessible
- Policies exist, but no penalties for non-compliance or non-construction
States like Odisha, Tamil Nadu, and Chhattisgarh have made progress by building separate transgender toilets in key locations. However, large metros like Delhi, Mumbai, and Bengaluru still lack dedicated provisions across transit hubs, parks, and public hospitals.
Community and Civil Society Reaction
The transgender community across Madhya Pradesh celebrated the verdict. Rekha, a Bhopal-based transgender activist, shared:
“This ruling gives us something we’ve fought for, for years—not just toilets, but basic recognition as human beings with bodily needs.”
NGOs and urban design experts have called for the judgment to be adopted as a template nationwide, urging the Ministry of Housing and Urban Affairs to amend sanitation design codes to reflect gender inclusivity.
International Context: Catching Up with the World
- Thailand, Nepal, and Canada already mandate gender-neutral toilets in public buildings
- In the U.S., major universities and cities have adopted all-gender restrooms
- UNESCO and WHO have repeatedly emphasized inclusive sanitation as central to SDG goals on health and gender equity
India, despite progressive rulings, lags behind in execution — this verdict could finally push states toward infrastructure-level reform.
Toilets Are Not Just Facilities — They Are Frontlines of Inclusion
This ruling by the Madhya Pradesh High Court is a wake-up call to civic authorities, architects, and planners: inclusion starts with design. And dignity begins with access.
For a transgender person, being able to use a toilet safely isn’t a privilege — it’s the first sign that society sees them, protects them, and respects them.
Because when the law builds space for everyone, that space becomes a society worth belonging to.
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