Supreme Court Bemoans Lack Of Toilet Facilities In HCs & District Judiciary, Says Access To Justice Impacted By Neglect Of Sanitation Needs

The Supreme Court today (on January 15), in a significant judgment, held that toilet facilities are not merely a matter of convenience, but a facet of human rights. Access to proper sanitation is recognized as a fundamental right under Article 21 (right to life) of the Constitution. This Article encompasses a right to a safe and hygienic environment.The Bench of Justice JB Pardiwala and Justice R Mahadevan made these observations while issuing a set of directions for the construction of toilet facilities especially for women, specially-abled persons and transgender persons in Court premises and tribunals across the country.The Court went on to observe that "access to justice includes the creation of a pleasant and humanly atmosphere for all the stakeholders in the dispensation of justice." The Court highlighted the duty of every State and UT to ensure such an environment and to improve public health."The failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system.The sorry state of affairs indicates the harsh reality that the judicial system has not entirely fulfilled its constitutional obligation to provide a safe, dignified, and equal environment for all those seeking justice.Courts should not be places, where basic needs, such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice.," the Court said.Back in 2023, the Apex Court had directed all the High Courts to file an affidavit on particular details including the availability of toilets for men, women and transgenders. In this judgment, the Court perused the responses filed and noted that in most of the High Courts toilets for transgenders have not been provided.“There is no concrete statistical data regarding the availability of toilets for differently abled persons and separate toilets for lady judicial officers in their chambers situated within the Court premises. Furthermore, there is a lack of transparency concerning the availability of funds and the timeline for construction of toilet facilities.”It went on to highlight the poor conditions of toilets due to insufficient water supply, unlocked doors, broken taps, etc. Elaborating, it said that the toilets are properly maintained due to insufficient funds.“Even in newly constructed buildings, non-functional fittings hinder the proper use of toilet facilities. District Courts are in the worst and most deplorable conditions and failing to meet even basic hygiene standards. The number of toilets required have to be ascertained taking into account the number of judicial officers, advocates, staff and the litigants approaching the courts. Toilets in several High Courts are inadequate with non-functional hand dryers, handwash, toilet paper, and napkins, etc…Additionally, the toilets and corridors in most courts are not designed to accommodate the needs of PwD.''Highlighting that the toilets and corridors in most courts are not designed to accommodate the needs of specially-abled persons, it said:“For instance, there are no tactile pavements in corridors or toilets to assist visually impaired individuals, leaving them without proper guidance. Similarly, facilities are inadequate or inaccessible for persons using wheelchairs, creating significant challenges in navigation and usage.”Apart from this, the Court also marked that the absence of creche facilities in several courts is challenging for single mother advocates. The issue of providing sanitary napkins and dispensers remains unresolved in some High Courts., the Court said. It also pointed out the absence of any user-friendly system to report complaints and maintenance issues.After recording these shortcomings and deficiencies, the Court stressed that the same requires urgent attention and immediate steps must be taken to ensure sustainable development.“The litigants for fear of sitting in courts for long hours without access to basic amenities should not be forced to refrain from exercising their legal rights. Therefore, High Court premises must be equipped with proper washroom facilities for judges, advocates, litigants and staff members, just as required in other public places. Additionally, it is equally essential to ensure that these facilities are adequately provided, maintained and accessible to everyone, sans discomfort or inconvenience.”As far as the District Courts are concerned, the Court expressed its concerns about the lack of proper washroom facilities for judges, particularly, in rural areas. This not only violates the rights of those directly affected but also tarnishes the reputation of the judicial system, which should serve as a model of fairness, dignity, and justice., the Court said.It observed that the failure to provide adequate washroom facilities reflects a deeper flaw in the justice system.“The sorry state of affairs indicates the harsh reality...

Supreme Court Bemoans Lack Of Toilet Facilities In HCs & District Judiciary, Says Access To Justice Impacted By Neglect Of Sanitation Needs

Gyanvi Khanna

"The failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system."

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