In a landmark judgment on Wednesday, the Supreme Court ruled that toilets, washrooms, and restrooms are not mere conveniences but basic necessities, essential to human rights and dignity. The court emphasized that providing such facilities is integral to creating a safe, dignified, and equal environment for everyone, especially within judicial spaces.
A bench comprising Justices J B Pardiwala and R. Mahadevan stated that access to proper sanitation falls under the right to life and personal liberty, guaranteed under Article 21 of the Constitution. The bench further observed that the absence of basic facilities, such as toilets, in courts undermines equality and hinders the fair administration of justice.
Justice Mahadevan, who authored the judgment, stressed that courts must not neglect basic needs like sanitation. He explained that the provision of clean and accessible toilets is a fundamental aspect of creating a humane environment for all those involved in the justice system, including litigants, judges, advocates, and court staff.
The Supreme Court pointed out the alarming state of judicial facilities in many areas, particularly in district courts, where sanitation standards were found to be severely lacking. In rural regions, even judges sometimes face difficulties accessing proper washroom facilities. The court noted that these deficiencies violate fundamental rights and tarnish the reputation of the judicial system.
Highlighting the importance of public health, the court stressed that clean public toilets are crucial for the overall well-being of society. It stated that the states and Union Territories must consider the provision of accessible toilets as part of their welfare duties, ensuring the dignity of all genders, including women, persons with disabilities (PwD), and transgender individuals.
The court issued several directives to improve sanitation facilities in judicial premises. All states and high courts are now mandated to ensure the construction of separate toilet facilities for men, women, PwD individuals, and transgender persons in all courts and tribunals. The high courts are to oversee this process, ensuring that facilities are clearly marked and easily accessible to all stakeholders, including judges, advocates, litigants, and staff.
A committee must be established in each high court, headed by a nominated judge, to oversee the timely construction and maintenance of these facilities. This committee will include members from the state government, the judiciary, and the Bar Association. State governments and Union Territories are also instructed to allocate sufficient funds for the construction, maintenance, and cleanliness of these facilities, which will be reviewed periodically.
The Supreme Court has given a four-month deadline for the submission of status reports on the implementation of these directives. It further instructed that a copy of the judgment be circulated to the registrar generals of all high courts and the chief secretaries of the states and Union Territories for strict compliance.
This ruling follows a Public Interest Litigation (PIL) filed by advocate Rajeeb Kalita, urging the court to direct the provision of essential toilet facilities in all courts and tribunals across the country, in line with the constitutional guarantees under Article 21. The court has set a follow-up hearing in four months to assess the progress of the directives.
The judgment marks a significant step toward ensuring dignity, equality, and access to basic sanitation in judicial spaces across India.
