Binary Spaces In A Non-Binary World: Transgender Access To Public Toilets In India

“The bathroom is a battleground. It's where we find out how far society is willing to go to respect our humanity.” - Janet Mock

Introduction

Public washrooms are among the most basic yet essential public utilities. Everyone uses them every day. However, for transgender individuals, accessing a restroom can be anything but routine. Across the globe, and increasingly in India, public toilets have become contentious spaces where identity, dignity, safety, and social norms clash.

Sex refers to biological traits such as chromosomes, hormones, and reproductive anatomy that classify individuals as male or female at birth. Gender, on the other hand, is a social and personal identity. It includes how individuals see themselves and how they want to be seen by others. Gender is not limited to just male and female; it encompasses a variety of expressions.

A transgender person is someone whose gender identity does not match the sex assigned to them at birth. In India, the Supreme Court’s NALSA v. Union of India (2014) ruling recognized a broad range of identities, including Hijras, Aravanis, Jogappas, and Shiv-Shaktis.[1] This also includes individuals who may not fit into any traditional category but identify as male, female, or third gender, regardless of their biological sex. The Transgender Persons (Protection of Rights) Act, 2019, supports this inclusive definition and states that self-identification is key to a person’s gender identity.[2] Respecting an individual's self-identified gender, especially in public spaces like restrooms, is essential for dignity, equality, and constitutional rights.

Despite the progress India has made in recognizing transgender rights, many transgender and non-binary individuals still face significant barriers to accessing safe and inclusive public washrooms. This issue goes beyond convenience; it highlights deeper societal attitudes about gender, inclusion, and visibility.

Public Washrooms And Transgender: Complex Situation

Accessing public washrooms has been quite a difficult job for transgender persons publicly which has made them convicted of isolation and mental dilemma which signify that need in India for separate washrooms or some alternative solution is diverse for transgender. The mismatch between physical infrastructure and gender identity creates several barriers.

Transgender people often face harassment, discrimination, and even violence when trying to use restrooms that match their gender identity. Studies from India and around the world show that transgender individuals report being stared at, questioned, verbally abused, or physically threatened in public washrooms. These experiences create an atmosphere of fear and exclusion.[3] Thus, violating personal safety and reinforcing social stigma.

The lack of accessible and inclusive washroom facilities leads many transgender individuals to avoid public restrooms entirely. This avoidance can lead to serious health and hygiene problems. It may cause issues such as urinary tract infections, dehydration, and other medical complications that harm their overall well-being.

Beyond immediate safety and health concerns, the issue carries deeper psychological and social implications. Being forced to use facilities that do not match one's gender identity undermines dignity and self-worth. It reinforces feelings of invisibility, alienation, and social exclusion—all of which are linked to higher rates of anxiety, depression, and suicidal tendencies within the transgender community.[4]

In India, despite constitutional protections and progressive court rulings, there is a significant implementation gap. Many public spaces still lack gender-neutral or transgender-friendly washrooms. Awareness among the general population is low, which leads to ongoing discrimination and exclusion. This issue is not just about accessing a physical space; it is about affirming the rights, dignity, and inclusion of transgender people in society.

Legal And Policy Landscape In India

The landmark Supreme Court judgment in NALSA v. Union of India (2014) was pivotal, legally recognizing transgender people as a “third gender” and affirming their fundamental rights, including dignity and equal access to public spaces.[5] The Transgender Persons (Protection of Rights) Act, 2019 further codified rights for transgender individuals, mandating that public institutions provide separate or gender-neutral sanitation facilities for transgender persons to ensure their safety and dignity. More recently, the Supreme Court in January 2025 issued a directive requiring all courts across India to provide separate toilets for transgender persons, persons with disabilities, and senior citizens, marking a step toward institutionalizing inclusive sanitation in government premises.[6] This move acknowledges the specific needs of marginalized groups and sets a precedent for other public institutions to follow.

At the state level, some positive initiatives aim to improve access to transgender-friendly facilities. For instance, the Delhi government has built dedicated public toilets for transgender people, equipped with clear signage and security measures.[7] Similarly, the city of Ludhiana has reserved spaces in public toilets for transgender individuals, while Chandigarh has renovated its facilities to include gender-neutral options.[8] The Government of India, in Swachh Bharat Abhiyan under Urban 2.0, announced to have separate washrooms for transgender people in public areas.

Despite these encouraging developments, significant gaps and challenges remain. Many newly built or renovated toilets suffer from poor maintenance, unclear or missing signage, and lack safety features, which discourages transgender individuals from using them. The gap between policy promises and actual implementation is stark. Transgender people often report feeling unsafe or unwelcome in these spaces, indicating that legal provisions have yet to fully translate into lived realities. Additionally, delays in funding, bureaucratic hurdles, and social stigma continue to limit access to inclusive public sanitation.

Comprative Analysis

Australia has made progress toward normalization and inclusivity. In early 2025, the Australian government proposed changes to its National Construction Code. These changes aim to encourage all-gender toilets in public buildings, especially in schools, universities, and workplaces.[9] The proposed changes came from consultations with transgender advocacy groups. They seek to create facilities that everyone can use comfortably and safely, without requiring individuals to disclose or justify their gender identity.

In contrast, the United States shows a more divided situation. Cities like San Francisco, New York, and Seattle have adopted gender-neutral public restrooms. However, some U.S. states have passed controversial “bathroom bills” that restrict restroom use based on the sex assigned at birth. These laws have faced criticism for promoting discrimination and increasing the risk of violence against transgender individuals. In states with inclusive policies, studies indicate a reduction in harassment and greater comfort for transgender and non-binary users.[10]

 While India has made strong legal commitments, it can learn from international models by focusing on practical design solutions, such as gender-neutral, single-stall toilets and by embedding trans inclusion into broader urban planning and social policy frameworks

The Way Forward

Designing public washrooms that are inclusive for transgender individuals in India signifies a change that goes beyond the legal recognition - it is a change that is practical, sensitive, and requires a constant effort. For starters, there needs to be a change in the infrastructure such that the change includes gender-neutral or all-gender toilets, especially in places with a lot of visitors such as transport hubs, government buildings, schools, hospitals, etc. These should be single-stall and lockable units so that the privacy and safety of those who use them, not only transgender persons, are ensured.

Second, public awareness campaigns are vital in fighting against stigma and advancing understanding of gender diversity, hence a decrease in resistance and the level of misinformation at the community base. Third, the governments on the central and state levels should provide very clear operational instructions regarding the design, signage, maintenance, and monitoring of transgender-friendly facilities. These instructions should be accompanied by separate budget allocations and deadlines. The local municipalities must be part of the process of implementing these plans and the transgender individuals ought to be involved directly in decision-making to ensure that the solutions are based on the actual needs.

In the end, international practices that are successful such as those in some parts of Australia and in progressive U.S. cities show that the implementation of inclusive policies together with the thoughtful design and education results in public spaces that are more welcoming. India has a very good legal foundation; the country now has to focus on bridging the gap between policy and practice so as to be able to maintain the dignity and the rights of its transgender citizens in their daily lives.

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This blog has been authored by Saloni Rani and Mansi, students at Rajiv Gandhi National University of Law, Punjab.

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REFERENCES

[1] National Legal Services Authority v Union of India (2014) 5 SCC 438.

[2] Transgender Persons (Protection of Rights) Act 2019, s 2.

[3] Chakrapani V, Hijras/Transgender Women in India: HIV, Human Rights and Social Exclusion (United Nations Development Programme (UNDP) India, December 2010) <https://www.undp.org/india/publications/hijras/transgender-india-hiv-human-rights-and-social-exclusion> accessed 1 October 2025.

[4] National Human Rights Commission (NHRC) India, Transgender Persons: Revamping Spaces, Reclaiming Voices-Insights from Garima Greh Shelters and Beyond (NHRC, September 2025) <https://nhrc.nic.in/assets/uploads/publication/1762169482_24daba17658746356d3a.pdf> accessed 1 October 2025.

[5] National Legal Services Authority v Union of India (2014) 5 SCC 438.

[6] Supreme Court Observer, Inclusive Sanitation in Court Complexes: Rajeeb Kalita v Union of India (SCObserver) <https://www.scobserver.in/supreme-court-observer-law-reports-scolr/inclusive-sanitation-in-court-complexes-rajeeb-kalita-v-union-of-india-toilet-sanitation-article-21/> accessed 1 October 2025.

[7] Press Information Bureau, Ministry of Social Justice & Empowerment, Separate Toilets for Transgenders in Public Places (Press Release, 6 December 2023) <https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1983218&reg=3&lang=2> accessed 1 October 2025.

[8] Swachh Bharat Mission-Urban (Government of India), Swachh Convenience (Swachh Bharat Mission-Urban) <https://sbmurban.org/swachh-convenience> accessed 1 October 2025.

[9] Courty Audrey, Australia is considering making changes to build all-gender toilets. What are they? (ABC News, 19 March 2025) <https://www.abc.net.au/news/2025-03-20/all-gender-bathrooms-in-australia-explained/105003442> accessed 1 October 2025.

[10] American Civil Liberties Union (ACLU), Mapping Attacks on LGBTQ Rights in U.S. State Legislatures in 2024 (ACLU) <https://www.aclu.org/legislative-attacks-on-lgbtq-rights-2024> accessed 1 October 2025.