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
Source: Barandbench
