The Madras High Court has approved single occupancy gender-neutral toilets in addition to the existing gendered restrooms at public places in Tamil Nadu. Seeking a response from the state government within a week, it has also proposed to transform toilets dedicated to persons with disabilities (PwDs) as gender-neutral toilets across the state. If approved, this would mean that able-bodied persons of any gender can use the public toilets that were so far only meant for persons with disabilities.
A bench of justices T Raja and D Bharatha Chakravarthy passed the order while hearing a public interest litigation (PIL) seeking directions to the Tamil Nadu government to set up gender-neutral toilets in public places. The judges also acknowledged the lack of gender neutral restrooms in courts among other public spaces.
The petitioner, a man of trans experience, has submitted that lack of toilet facilities for gender non-conforming, transgender, non-binary, queer, and other persons has led to their isolation from mainstream society. Stating that toilets are a basic necessity, the petitioner has contended that setting up gender-neutral toilets would help create an inclusive society.
The counsel of the petitioner, advocate Arun Kasi, also sought the court to direct the state government to set up single occupancy gender neutral toilets in addition to the existing gendered restrooms in educational institutions, malls, bus stations, railway stations, airports, and other public places in Tamil Nadu. These toilets shall be accessible to cisgender, transgender, queer, non-binary, and gender non-conforming persons, advocate Arun contended.
The petitioner also pointed out that even though transgender persons have been given a choice to choose toilets of their own self-identified gender, they face sexual harassment, verbal and physical abuse, and even sexual violence while doing so. The petitioner added that the introduction of gender-neutral restrooms will also be helpful to single parents with a child with disability of a different gender, who needs help accessing public toilets.
The PIL was filed after the petitioner sent two representations with the aforementioned request to the Chief Secretary, the Additional Chief Secretaries of Municipal Administration, Water Supply Department, and Social Welfare and Nutritious Meal Programme Department, and also the Principal Secretary of Rural Development and Panchayat Raj Department, but did not receive any response.
The petition was filed on a number of grounds, including that a lack of gender-neutral toilets was violative of the Transgender Persons (Protection of Rights) Act, 2019, as well as Article 14 of the Constitution that grants equality before law. “Right to equality can be natural, civil, political, economic, legal, and social. The right to use the restroom/ toilet falls under basic civil rights and social rights. Hence, not allowing transgender and gender non-conforming persons to use restrooms in all public places is against the principle of equality that is enshrined in our Constitution,” the petitioner stated.
Earlier in 2017, the Madras High Court had called for a survey on the availability of toilets and bathrooms for transgender persons. However, no action has been taken in the regard yet.