IN a significant judgment, the Supreme Court recently highlighted that toilets are not merely a matter of convenience, but a basic necessity and a facet of human rights. While stating this, the court went on to recognise proper sanitation as a fundamental right under Article 21 (right to life) of the Constitution.The Bench comprising Justices J.B. Pardiwala and R. Mahadevan made these observations in a public interest litigation seeking sanitised toilets in all courts and tribunals. It passed a slew of directions to high courts as well as to state governments.The directions particularly included the construction and availability of separate toilet facilities for males, females, specially-abled persons and transgender persons in all court premises and tribunals across the country..The Bench comprising Justices J.B. Pardiwala and R. Mahadevan made these observations in a public interest litigation seeking sanitised toilets in all courts and tribunals..The court observed that access to justice encompasses the creation of a human atmosphere for all stakeholders. It also highlighted the need to have proper washrooms by stating that the lack of these basic amenities should not discourage litigants from exercising their legal rights.“Access to justice includes the creation of a pleasant and humanly (sic) atmosphere for all the stakeholders in the dispensation of justice. 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.”.Republic Day reflections: Can we finally remove the blindfold of justice?.Observing that the failure to provide adequate washroom facilities reflects a deeper flaw in the justice system, the court, while expressing its dismay, stated, “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.”The court also noted that even old toilets are in unusable condition and are not being properly maintained due to insufficient funds. It directed state governments to allocate sufficient funds for the construction, maintenance and cleanliness of toilet facilities.The court also expressed concern about the lack of washroom facilities for judges in district courts, particularly in rural areas. It said that district courts are in the worst and most deplorable conditions.“As regards the district courts, we must also point out our deep concerns that there are instances where even judges, particularly in rural areas, still lack access to proper washroom facilities. 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.”With regard to women, the court pointed out how the absence of creche facilities is challenging for single-mother advocates. Further, the provision of sanitary napkins and dispensers remains an unresolved issue in some high courts. Thus, one of the directions passed also included the installation of stocked sanitary pad dispensers in women, specially-abled persons, and transgender washrooms..The court also noted that even old toilets are in unusable condition and are not being properly maintained due to insufficient funds..The judgment also highlighted that toilets and corridors in most courts do not cater to the needs of specially-abled persons. The directions specified that for specially-abled persons, washrooms shall be designed to accommodate them and that ramps be installed.Focusing on the need to take immediate steps to ensure accessible washrooms, the court categorically said: “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 prescribed a period of four months for high courts as well as for the states to file status report with regard to these directions.A basic human rightIn November 2023, a report published by the Centre for Research and Planning, Supreme Court, titled State of the Judiciary, contained a section on washrooms for all genders. Among other things, the report highlighted the deplorable condition of the district judiciary when it comes to health and sanitation..The slip culture in trial courts in Kerala: A symptom of a broken system.“It is a ground reality that court complexes at the district level not only have inadequate washrooms but at times, have washrooms that are dysfunctional, with broken doors and do not have a regular supply of running water. Sometimes, washrooms are not attached to the chambers of judicial officers and both male and female judges have to share a common washroom,” the report stated.The report also underscored that separate toilets for women are a basic necessity and as much as 19.7 percent of district courts do not have this facility. Highlighting that women have distinct sanitation needs as compared to males, the report exhibited that 73.4 percent of district courts do not have any sanitary pad dispensers.“To ensure equality, dignity and the right to menstrual health and sanitation facilities to women, it is essential that female toilets in institutions of justice have sanitary napkin vending machines with appropriate menstrual waste disposal options,” the report stated.As far as the third gender is concerned, the report highlighted that district courts generally do not have washrooms for them. Reliance was placed on National Legal Services Authority versus Union of India, wherein the court had stressed how, due to the absence of separate toilet facilities, transgender persons have to use male toilets where they are prone to sexual harassment..In November 2023, a report published by the Centre for Research and Planning, Supreme Court, titled State of the Judiciary, contained a section on washrooms for all genders..“Equality demands that the sexual orientation of each individual in society must be protected on every platform. It is the constitutional duty of the State to protect the right to privacy of the third gender and ensure effective access to justice by providing gender-inclusive toilets in every district court premises so that a transgender litigant, lawyer or judge feels comfortable and safe in using sanitation facilities in a court complex,” the report added.Advocate Deeksha Dwivedi, a Delhi-based advocate who also practises in district courts, told The Leaflet about the washroom facilities in court complexes. She said that while there is a sanitary pad dispenser in the Patiala House Court, it is not functional..Under new photophobic collegium, government makes hay on appointment and transfer of judges.Further, she described the situation in Rohini District Court as horrible. She stressed issues such as water leakage, overflowing of toilets and the absence of lights. Additionally, she pointed out that soap is an issue across all district courts as it often gets dissolved in water to the extent that its effectiveness is compromised.Dwivedi also highlighted that there should be more female washrooms as gone are those days when this profession used to be male-dominated. Expressing concern about no dedicated place for women litigants to feed their children, she described the situation as dehumanising.At last, she pointed out that now even women advocates have their own chambers and thus they also rely on the washroom in court complexes. The lack of these basic facilities, particularly when working till late in the evening, adds to their struggle.Alarming state of neglectIn October last year, the Delhi High Court, while examining the deplorable and unhygienic conditions of washroom facilities for female lawyers, directed a thorough inspection. The inspection of female washrooms across all district courts in Delhi was ordered to be conducted.For this purpose, a court commissioner was appointed. Apart from this, the principal district and sessions judges of all district courts were also directed to conduct a similar inspection in their own jurisdictions..It cannot be stressed enough that proper washroom facilities with functional doors and proper knobs are essential to the right of privacy of women as well as third gender..Following this, when the matter was listed in December, the court perused the filed report and said that it paints “a distressing picture”.“The report lays bare deficiencies demanding urgent attention. The findings reveal that most female washrooms in the Lawyers’ Chamber Blocks lack adequate infrastructure, including proper lighting, ventilation and functional sanitary facilities. Issues such as seepage, exposed wiring, and the absence of essential amenities like soap and sanitary napkin vending machines have also been noticed in the report.”Taking note of the lack of hygiene products and poor maintenance, Justice Sanjeev Narula highlighted the urgency to take remedial action. In view of this, the court passed several directions..My submissions to be designated as a senior advocate in my first year.The directions included instructions to the public works department and the state to immediately commence repairing work washrooms where tenders have been awarded. For places where tenders are pending, the court directed that the process shall be completed without delay. The court also clarified that these directions will extend to male, female and handicapped washrooms.Concluding noteThe aforementioned judgment, report and Orders recognise sanitation as an essential feature of access to justice. Sanitation plays a significant role across all genders and it is the last issue that anybody should be bothered about while waiting in court for their matter to be taken up.It cannot be denied that women are more likely to get urinary infections than men. It cannot be stressed enough that proper washroom facilities with functional doors and proper knobs are essential to the right of privacy of women as well as third gender. Further, toilets should be designed in a way that they can accommodate the needs of specially-abled persons.While the washroom facilities are better in high courts, district courts are the first place where any person, be it the accused or victim, hopes to get justice. Not to mention that many young lawyers start their practice in trial courts. The gravity of this issue can be sensed when the judiciary itself has repeatedly voiced the deplorable conditions in district court washrooms.Sanitation is a fundamental right and courts should not be the place where this right is violated. Thus, ensuring adequate washroom facilities, in all courts, is imperative.
