The Delhi High Court ordered the Delhi government to make a decision on a petition requesting that transgender people be recognised as a third gender on the tickets issued for the city’s public transportation buses operated by Delhi Transport Corporation within four months (DTC).

The Court also requested that the State make a decision regarding another request made in the representation, which was for third gender to be given free tickets due to their economic and social status. The decision was made in response to a public interest litigation (PIL) case filed by a transgender person by a division bench consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.

The petitioner contended that the community endures daily anguish, agony, pain, and mockery as a result of the DTC’s failure to recognise their gender.

The petition read, “The conductor on a regular basis berates such persons for selecting the female gender, as the conductor accuses them of wanting to obtain free bus tickets, which further enhances the agony of the members of the transgender community.”  The petitioner made the case that the community has the freedom to determine its own gender identity and that the Central and State governments must formally recognise that gender identity in accordance with a ruling by the Supreme Court in the NALSA case.

The TG Community has been despised by society and viewed as a community of untouchables, it added, therefore offering free transportation to members of the TG (transgender) community on DTC buses will promote social equality.

“A reduction in the cost of travel for the TG Community will aid in integrating them into the larger social structure and provide them an opportunity to live with dignity as currently a substantial number of persons belonging to the community are economically/socially oppressed,” the request continued.

The court was informed that despite the fact that a similar petition had previously been filed in the High Court and that the government had been given instructions to resolve the matter in March 2020 by a division bench, no judgement had been made and the representation had been placed on hold. The bench took note of the situation, gave the government four months to decide on the submission, and gave the petitioner freedom to go before the court if necessary.