Delhi govt. says free bus travel for transgender persons awaits Cabinet approval

The Delhi government has told the High Court that its proposal to provide free travel for transgender persons on Delhi Transport Corporation (DTC) and cluster buses is at an “advanced” stage and is awaiting Cabinet approval.

The submission was made in an affidavit filed by the Joint Commissioner of the Transport Department before a single-judge Bench of Justice Amit Sharma during the hearing of a contempt petition. The plea sought initiation of civil contempt proceedings against the government for “wilful disobedience” of an October 2022 Division Bench order directing the authorities to decide within four months on a representation seeking recognition of the transgender community as a “third gender” in bus tickets and the extension of free travel.

The Division Bench order had been passed on a public interest litigation filed by Amit Juyal, a member of the transgender community, represented by advocates Arkaneil Bhaumik, Siddharth Jain, and Adishwar Suri. The petition argued that DTC tickets recognised only male and female categories, causing hardship to transgender persons while purchasing tickets.

In the affidavit, the Joint Commissioner said that after the Bharatiya Janata Party government assumed office in February, a draft Cabinet note proposing free bus passes for transgender persons was placed before Transport Minister Pankaj Kumar Singh. However, the Minister returned the draft, asking that the scheme follow the same pattern as the free travel facility for women, who are issued pink tickets in DTC buses.

“The department is accordingly working on the proposal. The revised proposal will be submitted to the Government within a week. This matter, being a major policy decision with financial and operational implications, needs inter-departmental consultations and Cabinet approval. The matter is now in the advanced stage of finalisation,” the affidavit stated.

The court accordingly disposed of the contempt petition, recording that the petitioner did not wish to press the matter further. However, it granted liberty to the petitioner to revive proceedings if the Cabinet rejects the proposal or fails to act on it.

Prolonged delay

Juyal told The Hindu that the prolonged delay in implementing the October 2022 order has caused undue hardship to the transgender community. “It has been more than two years, and no action has been taken. Bus marshals often mock transwomen when they ask for pink tickets and accuse them of pretending to be women merely to avail the free travel facility,” Juyal said.

Earlier, in April 2023, the High Court had directed the managing director of the DTC to decide on the representation within a month or appear before the court. Justice Manmeet Pritam Singh Arora had then observed that the respondents’ inaction was “certainly protracted” and gave them a “last opportunity” to comply with the Division Bench’s directions.