Supreme Court Orders Separate Toilets for Trans and Specially Abled in Courts

On Wednesday, the Supreme Court issued an important order to ensure separate toilets are available for males, females, people with disabilities, and transgender persons in all court buildings and tribunals across the country.

A bench of Justices JB Pardiwala and R. Mahadevan emphasized that toilets are not just a convenience but are essential for human dignity. They noted that having access to clean and safe sanitation is a basic right, part of the right to life and personal liberty, guaranteed under Article 21 of the Constitution. The Court further explained that the government must provide a hygienic environment to everyone, and it is a constitutional responsibility to ensure public health.

The case was brought before the Court by a public interest litigation (PIL) that requested the construction of proper sanitation facilities in judicial spaces. This includes ensuring that toilets are accessible for advocates, litigants, and court staff, with special provisions for people with disabilities and transgender persons. The petition pointed out that these facilities should be clean, properly maintained, and easy to identify.

The Supreme Court stated that the government and local authorities are responsible for ensuring these facilities are available on all court premises. They should also ensure that these washrooms are properly constructed and maintained cleanly and hygienically for everyone, including men, women, people with disabilities, and transgender persons.

The Court further highlighted that providing basic facilities like washrooms is vital for creating a positive and comfortable atmosphere in the courts. People should not be afraid to spend long hours in courts without having access to essential facilities, as it could discourage them from exercising their legal rights. The Court said that all court premises, especially High Courts, must have washroom facilities for everyone, including judges, advocates, staff, and litigants.

The Supreme Court expressed concern that, in some rural areas, even judges lack access to proper sanitation. The Court said this issue goes beyond logistics; it reflects a deeper flaw in the justice system. When such basic needs are not met, it affects equality and fairness in the delivery of justice. This is why the Court called for urgent steps to fix this issue and ensure that all courts have accessible washrooms for everyone involved in the judicial process.

The Court also directed that all High Courts must make sure that washrooms are marked and accessible to all, and a committee will be set up in each High Court to oversee the construction and maintenance of these facilities. The committee will be headed by a judge nominated by the Chief Justice and will include representatives from various government departments, the Bar Association, and other relevant authorities.

Furthermore, the Court ordered state governments and Union Territories to allocate sufficient funds to construct and maintain these toilet facilities, with regular reviews to ensure proper hygiene and upkeep. The committee will conduct surveys and create plans to address any gaps in existing facilities and maintenance.
The petitioner, Rajeeb Kalita, a lawyer from Assam, argued that sanitation is a key part of the right to live with dignity. He pointed out that the Constitution guarantees not only necessities like food, clothing, and health but also proper hygiene. He emphasized that sanitation is essential in places like courtrooms, which often have a high number of people working in them. Without these facilities, the right to life and dignity cannot be fully realized.

This order is an important step in making judicial spaces more inclusive and accessible to all, ensuring that no one is deprived of their basic rights when seeking justice. The Court’s decision underlines the importance of dignity, equality, and hygiene for everyone in the judicial process.

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