Case Name: Sarika Tyagi & Ors. v. Union of India & Ors.
The writ petition was instituted before the Supreme Court seeking structural reforms aimed at improving the welfare of advocates, particularly women lawyers and young entrants to the legal profession. The petitioners highlighted two major concerns, which are the absence of adequate financial support for advocates during the initial years of practice and the deplorable condition of washroom and sanitation facilities available to women advocates in courts across the country. During the hearing, the Attorney General for India, along with the Advocates General and Standing Counsel representing various States and Union Territories, participated in deliberations regarding possible institutional reforms. While the Attorney General volunteered to convene a meeting for creating a corpus fund to financially assist young advocates, the Court devoted considerable attention to the widespread lack of basic sanitation infrastructure in judicial institutions. The petition placed before the Court instances where women advocates either had no access to separate washrooms or were compelled to use unhygienic facilities lacking running water and proper maintenance. In several court complexes, women lawyers reportedly had to traverse multiple buildings merely to locate a usable washroom. The petitioners contended that such conditions undermined women’s dignity, adversely affected their ability to practise law, and discouraged meaningful participation of women in the legal profession.
The Supreme Court held that access to safe and hygienic washroom facilities constitutes an inseparable component of the fundamental right to life guaranteed under Article 21 of the Constitution. The Court observed that the right to live with dignity necessarily includes access to basic sanitation and health facilities, particularly within public institutions administering justice. It further held that the absence of adequate washrooms for women lawyers is prima facie discriminatory and offends Articles 14 and 15 of the Constitution. The Court also connected the issue with Article 19(1)(g), observing that women cannot effectively exercise their constitutional right to practise the legal profession when deprived of basic workplace infrastructure. Recognising that meaningful gender inclusion within the legal profession requires institutional support rather than symbolic measures, the Court emphasised that constitutional guarantees of equality cannot be realised without ensuring humane working conditions, as reflected in Article 42. Accordingly, the Court directed every Advocate General to conduct a fact-finding exercise regarding the availability and condition of washroom facilities in High Courts, District Courts and Taluka Courts. Based on these reports, State Governments were required to allocate special funds, while Public Works Departments were directed to commence construction and improvement of sanitation facilities wherever necessary. The Court categorically rejected financial constraints as a valid justification for non-compliance, reiterating that denial of basic amenities directly infringes the constitutional right to dignity.
The Supreme Court directed all Advocates General to submit reports on the existing washroom infrastructure for women advocates within two weeks. State Governments were instructed to allocate special funds for constructing and upgrading sanitation facilities, and Public Works Departments were directed to commence construction wherever facilities were unavailable. Every State and Union Territory was further directed to file status reports before the Court within six weeks detailing the steps taken for compliance.
The judgment marks a significant development in constitutional jurisprudence by expressly recognising access to adequate sanitation facilities as an integral part of the fundamental right to life and dignity. It also strengthens gender equality within the legal profession by acknowledging that equal participation requires appropriate institutional infrastructure. The decision imposes a positive constitutional obligation upon governments to ensure that women advocates are provided with safe, hygienic and dignified working conditions within judicial institutions.
Written by Adv. K. Sri Hamsa
