The New Delhi Municipal Council (NDMC) has determined to create public washrooms solely for the third gender in its annual budget of 2021-22.

The government has asked all its departments, municipalities, district authorities and alternative autonomous bodies to set up different toilet facilities for transpersons in their offices. Just in case the construction of these restrooms cannot be undertaken straightaway, then the bathrooms for persons with disabilities (PwD) can be utilised for the time being. A period of two years has been given as the deadline for the establishment of toilets.

The order, following the 7 year old Supreme Court ruling that called for public facilities for third gender mentioned, “In compliance with the provisions of section 22 of the Transgender Persons (Protection of Rights) Act 2019 for ensuring adequate welfare measures for transgender persons, all public buildings under all the departments, autonomous bodies, PSU’s, corporations and local bodies of Government of NCT Delhi are hereby directed to create separate identified public facilities for transgender persons.”

They would still be allowed to continue using other gender-based toilets, in accordance with the gender they identify with.

There have been mixed reactions to the decision. Majority of the transgender community has warmly welcomed the Delhi government’s orders. It has been called a progressive move and will further lead to greater acceptance of the community’s people. 

However not everyone seems elated by this move. Some think that the decision will not have any major impact. Activist Grace Banu said that there is still a need for gender- neutral toilets and refuted separate toilets as it would further stigmatise them and exclude them from the mainstream.

Questions on security and safety are also being raised. According to Shree Gauri Sawant, a guard ought to be assigned and only one person at a time should be allowed to use the washroom. The transgender washrooms on highways are also understood to be less safe.

Many activists have claimed that no call should be taken without asking the people for whom the decision is made. The community should have been approached and their inputs should have been asked for.

While all the reviews are logical and correct on their part, it is for us to see whether this order brings about a positive change, or makes matters worse. An easy availability of washrooms for transpersons would be, without a doubt, some relief.