In the matter of Dr Sneha Ashwinbhai Trivedi vs Union of India, the petitioner filed the PIL stating that There are public toilets for both men and women, but there is not a single toilet in Gujarat for the transgender community, which is the third gender.
Submission from the parties
The appellant argued that everyone has some fundamental rights, regardless of gender, including the ability to use separate public toilets. Asking one specific gender to use a public toilet designed for the other gender is essentially wrong, immoral, or both. The petition further noted that transgender people now enjoy equal rights and treatment as a result of the Supreme Court’s recognition of them as the third gender in the case NALSA v. Union of India. A separate facility for using a public toilet would contravene Articles 14 and 21 of the Indian Constitution, according to the petition. They should receive the same respect as the two other genders by having their bathrooms constructed. When they use bathrooms intended for men or women, they experience trauma, anguish, and harassment.
A public interest litigation (PIL) petition calling for separate toilets for transgender people in Gujarat was served on the Central and State governments by a bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav.