'Lack Of Funds No Excuse': Supreme Court Asks States/UTs To Ensure Availability Of Functional Washrooms In All Courts

The Supreme Court today called on all States/Union Territories to take steps for ensuring availability of washrooms in all Courts within their jurisdiction, including those at the district and taluqa level.The Court said that access to washroom is a basic human right and revenue-deficit with any State/UT shall be no excuse for failure to provide the same.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana conveyed the aforesaid in attendance of Advocate Generals of all States/UTs. The States/UTs were directed to file affidavits within 6 weeks to the effect that the work has commenced.The Court further said that it would appreciate if the respective States/UTs may produce pen-drives to the Court containing videos/photos of undergoing work.The development took place during the hearing of a petition filed by certain women advocates highlighting the absence of ladies' bar rooms and other essential facilities in courts across the country.Earlier, the Court had observed in this case that the availability of basic infrastructure for women advocates within court premises bears a direct nexus with the fundamental right to life and dignity under Article 21 of the Constitution. It had said that when women advocates are required to spend substantial portions of their day within court premises, facilities necessary for their comfort, privacy, safety and professional functioning assume "utmost significance".Today, Senior Advocates Monika Gussain and Jayna Kothari highlighted before the bench that many Courts in the country, especially those at district and taluqa level, do not have proper washrooms. Stressing on the issue with respect to Karnataka, Kothari said that in taluqa courts, separate washrooms for women are not there. "In fact many of their survey forms also show that in many courts, there are no functional washrooms. If even basic washrooms are not there, how women...it is affecting their health", she said.While lamenting the "shabby conditions" in which the country's "daughters and sisters" are constrained to work, the CJI asked the Karnataka Advocate General to get an immediate report from all district and taluqa courts in the state. Depending upon the urgent requirements, he said, request shall be made to the State to sanction a special budget and PWD ordered to undertake work simultaneously in all places. "It would be a great human service. It is a cause which is close to everybody's heart", said the CJI.On being enquired, ASG SD Sanjay informed that in Bihar, washroom infrastructure is getting developed in different districts, and in some courts, the process is complete. He stated that courts are proposed to include separate washrooms for men, women and persons with disabilities.The CJI also noted that some states/UTs, being revenue-deficit, may take a stance that sufficient funds are not available for the purpose. However, such an excuse will not be acceptable to the Court qua access to washrooms, as it is a basic human right and part of dignified life. "We don't mind if you impose extra tax, excise duty on liquor sale or tobacco sale or anything...we don't mind that. We will uphold it", the CJI remarked.At this point, Attorney General R Venkataramani quipped in a lighter vein, "including a social media cess". During the hearing, he also suggested convening a meeting with all Advocate Generals and Standing Counsels to discuss the modalities for creation of a corpus (for constructing washrooms).Gussain subsequently informed the Court that State of Gujarat has filed an affidavit stating that it has covered 36 revenue districts. "If that can be done in 4 weeks, it should not be difficult for the other states...", she averred.Eventually, the Court called on the Advocate Generals to obtain a fact-finding report regarding washroom infrastructure in their respective High Courts, District Courts and Taluqa Courts. Thereafter, they shall place a proposal with the respective State governments for allocation of funds for construction of washrooms where water and sanitation facilities shall also be made available."It shall be the responsibility of the PWD departments in all the states[/UTs] to ensure that the construction of washrooms with all facilities commence immediately wherever required, within 4 weeks from the date of submission of the report by the ld. Advocate Generals to the state governments", the Court directed.The states/UTs shall be at liberty to generate additional funds through lawful means, it further added.Before conclusion of the hearing, Gussain pleaded that the proposed washrooms need to be adjacent to ladies' bar rooms. In this regard, Justice Bagchi said, "let there be a washroom first. Then we will see how to [make it more convenient and accessible]."In 2025, a two-judge bench of the Supreme Court had delivered a judgment (Rajeeb Kalita v. Union of India) with a slew of directions to all States/UTs to ensure toilet facilities for women, persons with disabilities and...

'Lack Of Funds No Excuse': Supreme Court Asks States/UTs To Ensure Availability Of Functional Washrooms In All Courts

Debby Jain

"Collect extra tax, impose excise duty on liquor or tobacco sale, we don't mind", CJI Kant remarked on generation of funds for the purpose.

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Debby Jain

'Lack Of Funds No Excuse': Supreme Court Asks States/UTs To Ensure Availability Of Functional Washrooms In All Courts

Debby Jain

"Collect extra tax, impose excise duty on liquor or tobacco sale, we don't mind", CJI Kant remarked on generation of funds for the purpose.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Debby Jain

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