SC issues directions on availability of toilet facilities for males/females/PwD/transpersons in all Court premises

Supreme Court: While considering the instant petition seeking Writ of Mandamus directing all the States and Union Territories 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 and to construct public toilets and public conveniences in all the Courts/ Tribunals and the same should be identifiable and accessible by the advocates/ litigants/ court staff etc. for men and women, transgender persons and to provide amenities for persons with disabilities and maintain the same; the Division Bench of J.B. Pardiwala and R. Mahadevan*, JJ., issued the following directions:

• The High Courts and the State Governments / UTs shall 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. 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 Committee formulate a comprehensive plan and carry out the following tasks, and ensure its implementation:

  • have a statistic of number of persons visiting the courts every day on an average and ensure that sufficient separate washrooms are built and maintained.

  • conduct a survey regarding the availability of toilet facilities, lacunae in the infrastructure and maintenance of the same. Demarcate existing washrooms and assess the need to convert existing washrooms to meet the requirement of above categories.

  • provide alternate facilities like mobile toilets, during construction of new ones, environment friendly toilets (bio-toilets) across the courts as done in Railways.

  • Qua women, transgender persons, PwD, provide clear signage and indications along with functional amenities, such as, water, electricity, operational flushes, provision of hand soap, napkins, toilet paper and up to date plumbing systems. Specifically, for PwD washrooms, ensure the installation of ramps and that washrooms are designed to accommodate them.

  • conduct a study about maintaining architectural integrity in respect of Heritage Court buildings such as Mumbai, Calcutta, Chennai, etc. To work with the existing facilities by using underutilised spaces to build washrooms, modular solutions to work around the old plumbing systems, engaging professionals to assess the solutions to modernise sanitation facilities.

  • effectuate a mandatory cleaning schedule and ensure staffing for maintenance and upkeeping dry bathroom floors along with sensitising users on clean washroom practices.

  • ensure regular maintenance of the toilets by outsourcing professional agencies on contract basis, by employing modern cleaning methods and machinery to ensure better hygiene and usability.

  • put in place a mechanism that mandates the periodic inspection of the functionality of these washrooms and specific compliance reports to be filed to a person in-charge.

  • frame a complaint / redressal system for speedy reporting of defective washrooms and instant repair of the same.

  • ensure that there are working and stocked sanitary pad dispensers in women, PwD, and transgender washrooms.

  • nominate or appoint a person specifically in each premises of the High Court/District Court/ Civil Court/Tribunal as nodal officer to monitor the maintenance, address the complaints and communicate with the presiding officer or the appropriate committee; such authority should address the complaints and give standing instructions in writing regarding maintenance and working of the said toilets; and the responsibilities should be fixed.

  • have a transparent and separate monetary fund for the construction and maintenance of toilets in court complexes.

  • have child safe washrooms in Family court complexes with trained staff equipped to provide children with a safe and hygienic space.

  • Provide separate rooms (interconnected with the women’s washroom) to cater to nursing mothers’ or mothers with infants with feeding stations and changing napkins available. To consider incorporating breastfeeding facilities to support nursing mothers, along with dedicated platforms for changing napkins within toilet areas, similar to the amenities available in airports.

  • High Courts to develop and sustain the quality of maintenance can create a grading system for the District Courts and other courts/forums under its supervision, provide certifications and motivate the appropriate officials and staff, which can form part of their service records.

• The 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.

Background:

The petitioner who is a practising advocate enrolled with the Bar Council of Assam and practicing in the Courts in Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim, filed the instant petition stating that the scope of the fundamental right under Article 21 of the Constitution 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.

The petitioner further submitted that Article 47 imposes a duty on the State to improve public health, raise the standard of living. Sanitation is also a part of Article 48-A of the Constitution that mandates the State to protect and improve the environment.

The petitioner further stated that the Government of India, Ministry of Urban Development has initiated the ‘Swachh Bharat Mission’, which has set out certain guidelines, amongst others, for the purpose of construction of public toilets in general.

It was 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 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.

Court’s Assessment:

The Court took note of Constitutional provisions, statutory mandates, policy decisions and relevant international laws that have underlined the requirement of clean private spaces and toilets for males, females and transpersons and that sanitation and right to dignity is a basic human right. The Court then referred to relevant case laws such as Common Cause (A Registered Society) v. Union of India, (1999) 6 SCC 667; National Legal Services Authority v. Union of India, (2014) 5 SCC 438 and several decisions laid down by the High Courts on importance of sanitations and availability of washrooms for all. The Court further took note of public health initiatives that have been taken all across the globe like Singapore, United Kingdom, Australia, Germany, Canada, Japan etc.,

The Court emphasised that public health is of paramount importance and clean public toilets contribute to the health and overall well-being of the society. Also, the right to safe and clean drinking water and sanitation is essential for the full enjoyment of life and all human rights.

“It is settled law that the right to life encompasses within it the right to healthy and hygienic life and the right to live with dignity. Creation of adequate public toilets also protects the privacy and removes the threat to ladies and transgender persons”.

The Court stated that Availability of access to public toilet is an important duty of the States/UTs under the Directive Principles and it is just not enough if such provisions are made but steps are to be taken to ensure that the toilets are maintained throughout the year. Without such access to the three genders, the States/UTs can no longer claim to be welfare State.

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/Tribunals. Therefore, 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, PwD, and transgender persons.

Perusing the reports presented by the High Courts, the Court took note that various High Courts have not provided toilets for transgenders with only a few exceptions. There is no concrete statistical data regarding the availability of toilets for differently abled persons and separate toilets for lady judicial officers in their chambers situated within the Court premises. Furthermore, there is a lack of transparency concerning the availability of funds and the timeline for construction of toilet facilities.

It was noted that toilets in several High Courts are inadequate with non-functional hand dryers, handwash, toilet paper, and napkins, etc. Additionally, the toilets and corridors in most courts are not designed to accommodate the needs of PwD. Moreover, the absence of creche facilities in several courts poses challenges for single mother advocates who require such support while attending court proceedings. The issue of providing sanitary napkins and dispensers remains unresolved in some High Courts. More importantly, there is no user- friendly system in place to report complaints and maintenance issues.

The Court opined 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 recognized 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.

As regards the District Courts, the Bench pointed its deep concerns over 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 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”.

Hence, the Court stressed that 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. It was re-emphasized that 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”. Therefore, the Court issued the afore-stated directions.

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