The Tamil Nadu government informed the Madras High Court (HC) on June 7 that talks are underway with stakeholders to build gender-neutral public toilets across the state. 

Government pleader A Edwin Prabhakar submitted before the bench comprising acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq that new gender-neutral toilets will be constructed in public buildings soon and that as of now, existing toilets for persons with disabilities can be declared gender-neutral. The HC bench, which was hearing a Public Interest Litigation (PIL) seeking directions in this matter, has asked the government to submit a status report within two weeks.

Edwin Prabhakar pointed out that converting existing public toilets to gender-neutral ones will result in changing their current structure. Alternatively, he submitted that the existing toilets in public buildings for persons with disabilities can be declared gender-neutral. “Talks are underway for the construction of new gender-neutral public toilets,” he said.

The petition was filed by Fred Rogers (he/him), a trans rights activist and a man of trans experience. The petitioner had submitted that the lack of gender-neutral toilet facilities has isolated gender non-conforming, transgender, non-binary, queer, and other persons from mainstream society. The petitioner also contended that this is violative of the Transgender Persons (Protection of Rights) Act, 2019, and Article 14 of the Constitution which grants equality before the law.

Advocate Arun Kasi, appearing on behalf of the petitioner, also pointed out that there is a lack of gender-neutral restrooms in courts, which causes problems for transgender advocates.

The PIL was filed in April 2021 after the petitioner sent two representations with the same request to the Chief Secretary, the Additional Chief Secretaries of Municipal Administration, the Water Supply Department, the Social Welfare and Nutritious Meal Programme Department, and the Principal Secretary of Rural Development and Panchayat Raj Department, to which there was no response.