New Delhi:
The Supreme Court on Wednesday ordered the construction and availability of separate toilet facilities for males, females, people with disabilities, and transgender persons in all court premises and tribunals across the country.
A bench of Justices JB Pardiwala and R Mahadevan said that “toilets/washrooms/restrooms are not merely a matter of convenience, but a basic necessity which is a facet of human rights”.
“Access to proper sanitation is recognised as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. This right inherently includes ensuring a safe and hygienic environment for all individuals. There is a discernible duty on every State/UT under Part IV of the Constitution to ensure a healthy environment and to continuously strive to improve public health,” added the Justice Pardiwala-led Bench.
The Supreme Court was hearing a writ petition in nature of a public interest litigation (PIL) seeking direction to all the states and Union Territories to construct public toilets and public conveniences in all judicial fora, which should be identifiable and accessible by the advocates, litigants, court staff etc. and to provide amenities for persons with disabilities and maintain the same.
In its judgment, the Supreme Court said, “It is the duty of the Government and local authorities to provide basic toilet and sanitation facilities within the Court premises and ensure that they are constructed, maintained and kept in a hygienic condition for men, women, people with disabilities, and transgender persons.”
“Access to justice includes the creation of a pleasant atmosphere for all the stakeholders in the dispensation of justice. The litigants for fear of sitting in courts for long hours without access to basic amenities should not be forced to refrain from exercising their legal rights. Therefore, High Court premises must be equipped with proper washroom facilities for judges, advocates, litigants and staff members, just as required in other public places,” it added.
The top court emphasised that these facilities are adequately provided, maintained and accessible to everyone, without discomfort or inconvenience.
Expressing “deep concern” that there are instances where even judges, particularly, in rural areas, still lack access to proper washroom facilities, it said: “The failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system. The sorry state of affairs indicates the harsh reality that the judicial system has not entirely fulfilled its constitutional obligation to provide a safe, dignified, and equal environment for all those seeking justice.”
“Courts should not be places where basic needs, such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice. Therefore, all High Courts must take swift and effective action to address this issue. Immediate steps are needed to ensure that all judicial premises, especially those lacking proper facilities, are equipped with accessible washroom facilities for the judges, litigants, advocates, and staff,” added the top court.
Issuing a slew of directions, the Supreme Court said all High Courts will oversee and ensure that washroom facilities are clearly identifiable and accessible to judges, advocates, litigants, and court staff. “For the aforesaid purpose, a committee shall be constituted in each of the High Courts under the chairmanship of a Judge nominated by the Chief Justice and members comprising the Registrar General/Registrar of the High Court, the Chief Secretary, the PWD Secretary and the Finance Secretary of the State, a representative of the Bar Association and any other officers as they deem it fit, within a period of six weeks,” it ordered.
The Supreme Court ordered all the state governments/UTs to allocate sufficient funds for the construction, maintenance and cleanliness of the toilet facilities within the court premises, which shall be periodically reviewed in consultation with the committee constituted by the High Courts. The committee will formulate a comprehensive plan, and carry out several tasks, including conducting a survey regarding the availability of toilet facilities, lacunae in the infrastructure and maintenance of the same.
The petitioner, Rajeeb Kalita, a practising advocate enrolled with the Bar Council of Assam, stated that the scope of the fundamental right under Article 21 of the Constitution of India includes the right to live with dignity and all the necessities of life, such as adequate nutrition, clothing, health, etc., and no human being can live with dignity unless there are facilities to maintain basic hygiene.
Further, the petitioner argued that the Constitution imposed a duty on the government to improve public health, raise the standard of living, and increase the level of nutrition, which is outlined in Article 47 under the Directive Principles of State Policy (DPSP), and sanitation is also a part of Article 48A of the Constitution which mandates to protect and improve the environment. The plea also pointed out the international policies framed with respect to the construction of public toilets for men, women and handicapped persons including transgenders, and maintenance of hygienic conditions.
Ultimately, the petitioner submitted that it is just and necessary that clean and hygienic toilets are to be provided not only in the places, such as markets, train stations, tourist places, near office complexes, or other public areas where there are a considerable number of people passing by, but also in the court complex/premises, where advocates/ litigants/staff members are working in a large number, otherwise, the right conferred by Article 21 cannot be meaningful.
