Supreme Court Orders Separate Toilets for All in Court Premises

New Delhi — The Supreme Court on Wednesday ordered the construction of separate toilet facilities for men, women, people with disabilities and transgender people in all court premises and tribunals across India.

The court said these facilities are “not merely a matter of convenience, but a basic necessity” and a facet of human rights. The court, led by Justices J.B. Pardiwala and R. Mahadevan, said access to proper sanitation is a fundamental right guaranteed under Article 21 of the Constitution, which ensures the right to life and personal liberty.

The court’s decision came after hearing a public interest litigation filed by advocate Rajeeb Kalita, who argued that inadequate sanitation facilities in courts violated the fundamental rights of individuals. The PIL sought directions for all states and union territories to construct and maintain hygienic public toilets in judicial complexes, accessible to all stakeholders. Kalita argued that the right to live with dignity under Article 21 includes access to basic necessities like sanitation, and that the government has a constitutional duty to improve public health and sanitation.

The Supreme Court has directed all High Courts to oversee the implementation of this order and ensure that the facilities are clearly identifiable and accessible. Each High Court will constitute a committee, headed by a judge nominated by the chief justice, to develop a comprehensive plan and address the issue. The committee, comprising officials from the judiciary, administration and the Bar Association, will conduct a survey to assess the existing infrastructure, identify gaps and ensure adequate funding for construction, maintenance and cleanliness. The Supreme Court expressed deep concern over the lack of proper facilities, particularly in rural areas, highlighting it as a “deeper flaw in the justice system.”

The court emphasized that clean and hygienic toilets are essential for a dignified environment within judicial premises, promoting equality and ensuring fair access to justice.