Summary
Deciding a public interest writ petition under Article 32, the Supreme Court held that access to proper sanitation is part of the right to life under Article 21, and that access to justice requires court premises to have adequate, maintained toilets. Finding toilet facilities in courts across the country deficient, it directed the High Courts and States/UTs to provide separate, accessible and maintained toilets for men, women, persons with disabilities and transgender persons in all court premises and tribunals. It required committees in each High Court, dedicated funding, and status reports within four months.
Issues
- Whether access to clean and hygienic toilet facilities in court premises is part of the fundamental right to life with dignity under Article 21.
- Whether the State and the High Courts are obliged to provide and maintain separate toilet facilities for men, women, persons with disabilities and transgender persons in all courts and tribunals.
- What directions were needed to remedy the deficiencies disclosed in the High Courts' affidavits.
Provisions considered
- Article 21, Constitution of IndiaRead, with the precedents cited, to include the right to live with dignity in a healthy and hygienic environment; access to proper sanitation was held to be a fundamental right under it. (¶¶ 8.1, 8.12, 8.24, 10)
- Articles 47 and 48A, Constitution of IndiaThese Directive Principles, on public health and on protecting the environment, were relied on as placing a duty on every State/UT to secure a healthy environment and keep improving public health, including by providing public toilets. (¶¶ 4, 8.1, 8.24, 10)
- Section 3(e), Transgender Persons (Protection of Rights) Act, 2019Prohibits discrimination against transgender persons in access to facilities meant for the public; relied on, with NALSA, to support separate toilets for transgender persons. (¶¶ 8.2, 8.12)
- Rule 10(5) and 10(9), Transgender Persons (Protection of Rights) Rules, 2020These require the appropriate Government to create infrastructure, including washrooms in establishments, for transgender persons within two years; cited in support of the directions for separate toilets. (¶ 8.3)
Held
- Toilets and washrooms are a basic necessity and a facet of human rights, not a mere convenience. Access to proper sanitation is a fundamental right under Article 21, which includes a safe and hygienic environment for everyone. (¶¶ 8.24, 10)
- States/UTs have a duty under Part IV to secure a healthy environment and improve public health. Providing toilets is not enough: they must be maintained throughout the year, and the duty to provide and maintain toilets in court premises for men, women, persons with disabilities and transgender persons lies on the Government and local authorities. (¶¶ 8.24, 10)
- Access to justice includes a humane environment for everyone in the justice system. Litigants should not be deterred from pursuing their rights because they would have to wait long hours in court without basic amenities. (¶ 10)
- The High Courts' responses showed that toilets for transgender persons were largely absent, data on facilities for persons with disabilities and lady judicial officers was lacking, funding and timelines were opaque, and district courts were in the worst condition. The Court said that inadequate washrooms undermine equality and the fair administration of justice, and called for urgent action. (¶¶ 9.2, 9.2.1, 10.1, 10.2)
- The Court issued directions in the public interest. Separate toilets for males, females, persons with disabilities and transgender persons must be built in all court premises and tribunals, clearly identifiable and accessible. Each High Court must constitute a committee within six weeks to survey needs and frame and implement a plan covering mobile and bio-toilets, signage, sanitary pad dispensers, outsourced maintenance, periodic inspection, a complaint system, nodal officers, a dedicated fund, facilities in heritage buildings, child-safe washrooms in family courts, and rooms for nursing mothers. States/UTs must allocate sufficient funds. (¶ 11)
Result
Writ petition disposed of with directions; States/UTs to allocate funds; status reports by all High Courts and States/UTs within four months; judgment to be circulated to all High Courts and Chief Secretaries; matter to be listed after four months for compliance; no costs.