Facts of the Case
The writ petition, filed in 2023, sought directions to all States and Union Territories to ensure basic toilet facilities in court premises for men, women, disabled individuals, and transgender persons. The Supreme Court noted the lack of sufficient toilet facilities across courts and tribunals, which affected access to justice and the dignity of litigants, lawyers, and judicial staff. Relying on constitutional provisions, the Transgender Persons (Protection of Rights) Act, and various reports on universal accessibility, the Court emphasized the necessity of adequate sanitation infrastructure as a fundamental right.
Contentions of the Petitioners
The petitioner argued that the absence of toilet facilities, particularly for women, transgender persons, and those with disabilities, in court premises nationwide violated their right to dignity and health. It was submitted that the lack of such facilities disproportionately affected these groups, creating significant barriers to their participation in judicial processes and public life.
Contentions of the Respondent
The State and Union Territory respondents highlighted existing measures and ongoing initiatives to improve toilet facilities in public spaces, including courts. They argued that resource constraints and infrastructural challenges had delayed implementation. Some respondents assured the Court that efforts were underway to comply with the accessibility standards outlined in existing laws and guidelines.
Court’s Observations
The Supreme Court acknowledged the critical role of sanitation facilities in ensuring dignity, privacy, and equality. It observed:
“The right to life encompasses within it the right to a healthy and hygienic life and the right to live with dignity.”
The Court emphasized that public toilets, when inadequately maintained or inaccessible, compromise public health and violate the fundamental rights of individuals. It noted that ensuring sanitation in courts is essential for litigants, lawyers, and judicial staff who spend long hours within these premises. The Court drew parallels to international standards and best practices, underscoring the importance of inclusive facilities.
The Court issued specific directives to ensure compliance:
- Separate toilets for men, women, PwDs, and transgender persons must be constructed and maintained in all courts and tribunals.
- States and UTs were directed to allocate sufficient funds for construction, maintenance, and cleaning.
- High Courts were instructed to form committees, chaired by a Judge, to oversee the planning, implementation, and periodic review of facilities.
- Toilets must include features like ramps, water, electricity, operational flushes, napkin dispensers, and child-safe areas in family courts.
- Periodic inspections and a complaint mechanism for defective facilities were mandated.
- Dedicated spaces for nursing mothers and environmentally friendly solutions like bio-toilets were recommended.
Court’s Order
The Supreme Court directed High Courts and State Governments to ensure inclusive sanitation facilities in all court premises within four months. Status reports were mandated to ensure accountability and compliance. The Court warned that failure to comply would invite contempt proceedings. The writ petition was dismissed following these directions.
Justice Pardiwala remarked that the neglect of sanitation needs in courts not only hampers access to justice but also reflects poorly on governance, underscoring the urgency of the matter.
Credits: Deeksha Rai