The Supreme Court of India, in a landmark judgment on Wednesday, ordered the construction of separate toilet facilities for men, women, persons with disabilities, and transgender individuals across all court premises and tribunals in the country. Recognizing sanitation as a fundamental human right, the bench of Justices JB Pardiwala and R Mahadevan emphasized that adequate toilet facilities are essential to upholding the dignity and rights enshrined in Article 21 of the Constitution.
A Fundamental Right to Sanitation
The bench declared that access to proper sanitation is an integral part of the right to life and personal liberty under Article 21. It stated, “Toilets, washrooms, and restrooms are not merely a matter of convenience but a basic necessity and a facet of human rights.” The judgment reinforced that every State and Union Territory (UT) has a constitutional duty to ensure a safe, healthy, and hygienic environment for all individuals, as outlined in Part IV of the Constitution, which focuses on the Directive Principles of State Policy.
Addressing a Neglected Issue
The Supreme Court was hearing a public interest litigation (PIL) filed by Rajeeb Kalita, a practicing advocate. The petition highlighted the absence of proper toilet facilities in judicial premises and sought directions for constructing and maintaining hygienic and accessible toilets for advocates, litigants, court staff, and visitors.
In its judgment, the court emphasized the importance of a conducive environment for access to justice. “Litigants, judges, advocates, and staff members should not have to endure long hours in court without access to basic amenities. Proper washroom facilities are a necessity, not a privilege,” the bench noted.
Acknowledging Gaps in Rural Courts
Expressing concern about the lack of proper facilities, especially in rural court complexes, the court pointed out that judges in these areas often face the same difficulties as litigants. The bench observed, “The absence of adequate washroom facilities is not merely a logistical issue but reflects a deeper flaw in the justice system. It undermines equality and creates barriers to the fair administration of justice.”
Action Plan and Directives
The Supreme Court issued detailed instructions to address this systemic issue:
- Constitution of Committees: High Courts are to set up committees chaired by a judge nominated by the Chief Justice. The committee will include representatives from the Registrar General’s office, the Public Works Department (PWD), the State Finance Department, the Bar Association, and other relevant officials.
- Survey and Planning: Committees must conduct surveys to assess the availability and condition of toilet facilities, identify gaps in infrastructure, and develop a comprehensive plan for construction and maintenance.
- Budget Allocation: State governments and UTs must allocate sufficient funds to ensure proper sanitation facilities are constructed, maintained, and periodically reviewed.
Ensuring Inclusive Facilities
The court mandated that all new and existing toilet facilities be accessible and inclusive, catering to the needs of men, women, persons with disabilities, and transgender individuals. These facilities must be hygienic, easily identifiable, and properly maintained.
Upholding Dignity and Equality
The petitioner argued that sanitation is a fundamental component of living with dignity, as outlined in Article 21. The plea also referenced Article 47 of the Directive Principles of State Policy, which imposes a duty on the government to improve public health and living standards, and Article 48A, which mandates environmental protection and improvement.
The Supreme Court reiterated that inadequate sanitation facilities in judicial complexes violate the principles of dignity and equality. It highlighted the need for immediate intervention to address these gaps and ensure that no one is deterred from accessing justice due to a lack of basic amenities.
A Step Towards Modernization
This judgment underscores the need for modern infrastructure in judicial complexes, aligning with international standards of public health and sanitation. The Supreme Court’s decision is a step forward in ensuring that justice is not only accessible but also delivered in an environment that respects the dignity and well-being of all individuals.
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