Delhi High Court asks AAP government to decide on free travel for third gender in DTC buses, their recognition in tickets

The Delhi High Court on Wednesday asked the Delhi government to decide within four months a representation demanding recognition of transgender persons as third gender in the tickets handed out in city’s public transport buses run by Delhi Transport Corporation (DTC)..The Court also asked the State to decide on another demand raised in the representation - to provide free tickets to third gender since they are economically and socially backward..A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad passed the direction on a public interest litigation (PIL) petition by a transgender person..The petitioner argued that the community faces trauma, agony, pain, and ridicule every day due to lack of recognition of their gender by the DTC in the bus tickets issued by the conductors, despite the law mandating the government to do so.“The misery of the members of the transgender community is further enhanced, when the conductor on a routine basis berates such persons for choosing the female gender, as the conductor accuses them of trying to procure free bus tickets,” the plea stated..The petitioner argued that the community has the right to decide their self-identified gender and the Central and State governments are mandated to grant legal recognition to their gender identity as categorically stated by the Supreme Court in the NALSA judgement.“Furthermore, providing cost-free travel to persons belonging to the TG (transgender) community in DTC buses would be a promotion of social equality as the TG Community has always been shunned by society and treated as a community of untouchables," it said. The plea added, "A reduction in cost of travel for the TG Community would help in integrating them into the larger societal framework and give them an opportunity to live with dignity as currently a large number of persons belonging to the community are economically/socially downtrodden.”.The Court was told that though a similar petition was filed in the High Court earlier as well and directions were passed in March 2020 by a division bench to the government to decide the issue, no decision has been taken and the representation has been put in cold storage.The bench took note of the same and directed the government to decide the representation within four months and granted petitioner the liberty to approach the Court if they are aggrieved by the decision..Advocate Dr Amit George appeared for the petitioner. GNCTD was represented through advocate Santosh Tripathi.