Supreme Court calls for separate toilets for men, women, PwD, transgender persons in all courts

In a significant ruling, the Supreme Court on Wednesday directed that all States governments and High Courts across the country should ensure that separate toilet facilities are provided for men, women, persons with disability and transgender persons in all courts and tribunals [Rajeeb Kalita vs Union of India].The bench of Justices JB Pardiwala and R Mahadevan held 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. 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 in its judgment..In a Nutshell.Hence, it proceeded to issue the following directions to States and High Courts:- High Courts and 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;- High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to judges, advocates, litigants and court staff.- 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. - The washrooms should have working and stocked sanitary pad dispensers in women, PwD and transgender washrooms..The Court also directed that a status report shall be filed by all the High Courts and the States/UTs within a period of four months..Judgment in Detail.The judgment was delivered on a public interest litigation (PIL) petition seeking separate toilet facilities for the men, women, transgenders, and persons with disability..The bench noted that justice includes the creation of a pleasant and humanly atmosphere for all the stake holders in the dispensation of justice including litigants who come to court.Litigants should not be refrained from exercising their legal rights for fear of "sitting in courts for long hours without access to basic amenities", the Court made it clear..It also highlighted its deep concern for the District judiciary, noting that that there are instances where even judges, particularly in rural areas, still lack access to proper washroom facilities. Failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system, the Court opined.."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 judgment said..In view of the same, the Court proceeded to direct all High Courts and States to construct separate toilets for men, women, transgender persons and persons with disability in all court premises. The Court also ordered formation of a committee in each High Court in order to ensure proper implementation of its directions.The committee would be under the chairmanship of a judge of the concerned High Court and would also comprise 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.The committee has to be constituted within a period of six weeks and it has to formulate a comprehensive plan and carry out, inter alia, the following tasks:- 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;- with respect to women, transgender persons and 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;- 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;- 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;- 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..The matter will be heard by the Court again after four months to ascertain compliance with its directions..[Read Judgment]