The Supreme Court of India made an important decision about something basic but very necessary—having proper toilets in court buildings. The court ordered that separate toilets be made for men, women, people with disabilities, and transgender people in all courts and tribunals across the country. This decision is important because it highlights the need to ensure clean and accessible toilet facilities in public spaces like courts.

Why is this ruling important?

The ruling shows that having access to toilets is not just about comfort but is a basic human right. The judges pointed out that toilets are an important part of maintaining human dignity and are essential for public health.

The bench of Justices JB Pardiwala and R. Mahadevan stated that "toilets/washrooms/restrooms are not merely a matter of convenience but a basic necessity, which is a facet of human rights." This means that toilets are not just for cleanliness, but they help ensure fairness and respect for everyone. This is especially important in places like courts, where people may have to stay for a long time.

Sanitation as a fundamental right

The Supreme Court also mentioned Article 21 of the Indian Constitution, which guarantees the right to life and personal freedom. The judges made it clear that "Access to proper sanitation is recognised as a fundamental right under Article 21 of the Constitution," because this right includes making sure everyone has a clean and safe environment to live in.

Justice Pardiwala further explained that it is the duty of every state or union territory under Part IV of the Constitution to create a healthy environment for its people. One of the important points in the ruling was that public health needs to be improved, especially in places where many people gather, like courts. Courts should be places where everyone feels equal and respected, and having basic facilities, like clean toilets, is necessary to make that happen.

Petition for proper toilets in courts

This decision was made after the Supreme Court heard a public interest litigation (PIL) filed by Rajeeb Kalita, a practicing lawyer. Kalita's petition pointed out that having clean and sanitary toilets is a basic right under the Indian Constitution, which includes the right to live with dignity. He argued that "no human being can live with dignity unless there are facilities to maintain basic hygiene."

Kalita also highlighted the importance of toilets and cleanliness under Article 47 and Article 48A of the Constitution, which talk about the need for a better standard of living and improving the environment, including providing clean sanitation. He mentioned that other public places like markets, stations, and tourist spots already have these facilities. He argued that it was now time for court complexes, where many people work and spend hours every day, to also have clean and hygienic toilets.

Government's responsibility to maintain toilets in courts

The Supreme Court's judgement made it clear that both the government and local authorities are responsible for making sure there are proper sanitation facilities in court buildings. The Court emphasised that these toilets should be built, kept clean, and maintained for everyone—men, women, people with disabilities, and transgender people.

Justice Pardiwala’s Bench underlined that “access to justice includes the creation of a pleasant atmosphere for all the stakeholders in the dispensation of justice.” People, whether they are judges, lawyers, litigants, or staff, should not face discomfort due to the lack of basic facilities like toilets. Everyone in a court should feel comfortable and equal, not be forced to avoid long sittings because of a lack of proper sanitation.

In its ruling, the Court expressed concern that even judges in rural areas are often deprived of proper toilet facilities. It said that “the failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system.” This reflects a situation where the judicial system hasn't completely lived up to its constitutional duty of providing a safe, dignified, and equal environment for people seeking justice.

The Supreme Court pointed out that courts should not ignore basic needs such as sanitation. The lack of proper toilets in courts, whether urban or rural, “undermines equality” and presents a barrier to fair justice. The absence of adequate washroom facilities also "poses a barrier to the fair administration of justice."

Thus, the Court made it clear that “all High Courts must take swift and effective action” to improve sanitation facilities in judicial premises. Immediate steps are needed to ensure that “all judicial premises, especially those lacking proper facilities, are equipped with accessible washroom facilities” for judges, litigants, lawyers, and staff.

To make sure this change happens, the Supreme Court has ordered that each High Court set up a committee to oversee the availability of proper sanitation facilities in courts. The committee will include a judge chosen by the Chief Justice, the registrar of the High Court, the chief secretary, the secretary of the Public Works Department (PWD), the finance secretary, a representative from the Bar Association, and other relevant officials. This committee will be formed within the next six weeks and will work towards surveying the availability of toilet facilities, identifying gaps, and ensuring they are regularly maintained.

Additionally, all state governments and union territories must allocate sufficient funds for the construction, maintenance, and cleanliness of these toilets. The committee will also review the condition of these toilets regularly and make sure that hygiene is maintained.