Duty Of Government & Local Authorities To Provide Basic Toilet & Sanitation Facilities Within Court Premises : Supreme Court

The Supreme Court (today on January 15), while issuing a set of directions for the construction of toilet facilities in Court premises across India, noted that the same would protect privacy and remove threats to ladies and transgender persons.The Bench of Justice JB Pardiwala and Justice R Mahadevan, passed this order while deciding a writ petition filed by Rajeeb Kalita in 2023. The petitioner, inter-alia, had sought directions against all the States and Union Territories to ensure that basic toilet facilities are made available in all Courts/ Tribunals for men, women and handicapped persons including transgenders.At the outset, the Court went through the relevant provisions under the Indian Constitution and the Transgender Persons (Protection of Rights) Act. The Court also took into account several reports including the Harmonised Guidelines & Standards for Universal Accessibility in India, issued by the Ministry of Housing and Urban Affairs. This report entailed the need for separate toilets for men, women and transgender persons.Reliance was placed on a plethora of judgments including the National Legal Services Authority v. Union of India, wherein, the Court had, inter-alia, directed the Centre and State Governments to provide transgender persons separate public toilets and other facilities. Apart from this, the Court also recorded initiatives taken by other countries to create inclusive and accessible public restroom facilities. Building on this, the Court said:“Thus, the entire analysis makes it abundantly clear that public health is of paramount importance and clean public toilets contribute to the health and overall well-being of the society. Also, the right to safe and clean drinking water and sanitation is essential for the full enjoyment of life and all human rights. It is settled law that the right to life encompasses within it the right to healthy and hygienic life and the right to live with dignity.”The Court highlighted the duty of every State and UT to ensure such an environment and to improve public health. Without such access to the three genders, the States/UTs can no longer claim to be welfare State., the Court said.It also observed that though public toilets are built near every toll plaza in the National Highways, they are hardly maintained and accessible. The Court stressed that the need for accessible toilets is more acute for judges/advocates/ litigants/ staff members. It reasoned that because of the demands of the job, the concerned persons are mostly stuck in one place for longer periods.“Therefore, it is the duty of the Government and local authorities to provide basic toilet and sanitation facilities within the Court premises and ensure that they are constructed, maintained and kept in a hygienic condition for men, women, PwD, and transgender persons.,” the Court added.In view of this, the Court passed the directions while also making it clear that the State Governments will allocate sufficient funds for the purposes of construction, maintenance and cleanliness. In addition to this, these facilities shall be periodically reviewed in consultation with the committee constituted by the High Courts.To ensure its compliance, a status report to be filed by all the High Courts and the States/UTs within a period of four months was ordered. Based on these facts and circumstances, the writ petition was dismissed.Also read: Supreme Court Bemoans Lack Of Toilet Facilities In HCs & District Judiciary, Says Access To Justice Impacted By Neglect Of Sanitation NeedsCase name: RAJEEB KALITA v UNION OF INDIA AND ORS.W.P.(C) No. 538/2023Citation : 2025 LiveLaw (SC) 72Click here to read/ download the judgment

Duty Of Government & Local Authorities To Provide Basic Toilet & Sanitation Facilities Within Court Premises : Supreme Court

Gyanvi Khanna

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