SC directs high courts to improve washroom facilities, citing fundamental human right

Guwahati, Jan 17: Responding to a Public Interest Litigation (PIL) filed by Guwahati-based lawyer Rajiv Kalita, the Supreme Court of India has emphasised that the failure to provide adequate washroom facilities in courts is not just a logistical issue, but it reflects a deeper flaw in the justice system.

On Wednesday, the apex court directed all high courts to take swift and effective action to address the issue, citing that proper sanitation facilities are a fundamental human right under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

Earlier, the apex court had directed all the high courts to file tabular statements on affidavit indicating relevant details pertaining to the availability of toilets for men, women, and transgenders, and whether separate toilet facilities are made available to litigants, lawyers, and judicial officers.

It had also sought information on whether adequate facilities for sanitary napkin dispensers are made available in women's toilets.

"In our opinion, 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 recognised as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty," the Supreme Court observed.

The apex court also expressed deep concern over the state of district courts, where even judges, particularly in rural areas, still lack access to proper washroom facilities.

The SC, after perusing the affidavits and arguments placed by Bhaskar Dev Konwar, senior advocate, who appeared for the petitioner, directed that the high courts/state governments and Union Territories shall ensure proper facilities for males, females, PwDs, and transgender persons on all court premises.

The court also mandated the creation of a monitoring committee in each high court to oversee the implementation of these measures. The committee will be chaired by a judge nominated by the Chief Justice, with members including the Register General of the high court, Chief Secretary, PWD Secretary, Finance Secretary, a representative from the Bar Association, and any other relevant officers. The committee is required to submit a report within six weeks.

By-

Staff Reporter