NEW DELHI: The Supreme Court on Wednesday said toilets, washrooms, restrooms are not merely a matter of convenience, but a basic necessity which is a facet of human rights.
SC Links Basic Sanitation in Courts to Article 21 Rights, Directs Immediate Action
The top court directed the High Courts and the state governments and the Union Territories to ensure the construction and availability of separate toilet facilities for males, females, PwD, and transgender persons in all court premises and tribunals across the country.
A bench of Justices J B Pardiwala and R Mahadevan asked all High Courts to take swift and effective action to address this issue, while issuing comprehensive directions in a PIL filed by advocate Rajeeb Kalita.
Judicial Premises Must Ensure Accessible Toilets for All, Orders Supreme Court
"The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice," the court said.
The bench said 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.
"This is not just a matter of convenience, but is about basic rights and human dignity. Failing to act promptly would compromise the very purpose and essence of the judiciary’s role in our society," the court said.
The apex court said 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 of improving the public health," the court said.
It also said access to justice included the creation of a pleasant and humanly atmosphere for all the stake holders 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," the bench said.
The court said, it is equally essential to ensure that these facilities are adequately provided, maintained and accessible to everyone, sans discomfort or inconvenience.
Talking about district courts, the bench said, "We must also point out our deep concerns that there are instances where even judges, particularly, in rural areas, still lack access to proper washroom facilities. This not only violates the rights of those directly affected but also tarnishes the reputation of the judicial system, which should serve as a model of fairness, dignity, and justice."
The court viewed 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," the bench said.
The court highlighted the need for toilets, washrooms, restrooms is even more acute for judges, advocates, litigants, staff members working in large number in the courts and tribunals as they are mostly struck in one place for longer periods because of the demands of the job and the system in the.function of the courts and tribunals.
After examining status reports received from various High Courts, asked them to oversee and ensure that these facilities are clearly identifiable and accessible to judges, advocates, litigants, and court staff. It also directed the state governments to allocate sufficient funds for the purpose and sought a status report within a period of four months.
The bench said the High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to Judges, advocates, litigants, and court staff.
“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,” the bench said.
The bench said state governments / UTs shall allocate sufficient funds for 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.
“A status report shall be filed by all the High Courts and the States/UTs within a period of four months," the bench said.
The court directed its registrar (judicial) to circulate a copy of this judgment to the registrar general of all the high courts, and also to the chief secretaries of all the states / UTs, for strict compliance.
The petitioner advocate sought direction to all the states and UTs to ensure that basic toilet facilities are made available in all courts/ tribunals in the country for men, women and handicapped persons including transgenders, and to provide and maintain urinals and similar conveniences at appropriate locations in every Court premises as envisaged under Article 21 of the Constitution.
