Unhygienic Court Toilets Violate Fundamental Rights: Supreme Court Report Highlights Widespread Sanitation Failures

New Delhi:

A status report submitted to the Supreme Court on behalf of various high courts has declared that the persistently unhygienic condition of toilets in court complexes nationwide represents a continuous violation of fundamental rights and dignity for all users, including judges, advocates, litigants, and staff members.

The Supreme Court was informed that poor toilet conditions, even in metropolitan high courts, indicate a systemic administrative failure regarding fund allocation, maintenance contract enforcement, and accountability measures.

"The existing infrastructure fails to meet the standards of a modern and inclusive public utility; it directly implicates the failure to ensure public health and sanitation," stated the report.

"The absence of facilities for Persons with Disabilities (PwD) in major high courts and district courts constitutes a violation of their right to equality and non-discrimination, mandated by the Rights of Persons with Disabilities Act; this lack includes non-compliant construction, absence of ramps, support bars, and appropriate turning for wheelchairs," the status report continued.

The court was additionally informed that most courts have failed to provide separate and gender-neutral/inclusive toilets for the third gender, disregarding their fundamental rights and dignity.

"The lack of functional creche/childcare facilities (even where established) negatively impacts the right to practice a profession for female advocates and staff who are mothers, creating a barrier to gender equality in the legal profession."

"The situation is most critical in the subordinate judiciary, reflecting a profound infrastructure inequity. There is a need for micro-level development. What is required is decentralised implementation, focusing on local needs assessment, specific budget allocation, and community-level oversight to ensure functional water supply, plumbing, and daily cleaning contracts for every single court complex," the report emphasized.

The Supreme Court was informed that these substandard facilities affect the working conditions of judicial officers and staff, particularly in rural courts, potentially impacting their health and efficiency while diminishing the dignity of the judicial institution itself.

These submissions were made in a Public Interest Litigation (PIL) filed by lawyer Rajeeb Kalita.

On January 15, the Supreme Court had issued multiple directives, stating that providing public toilets is an important duty of state governments and Union territories, and steps must be taken to ensure such facilities are accessible to all.

The Supreme Court directed all high courts, state governments, and Union territories to ensure separate toilet facilities for males, females, persons with disabilities, and transgender persons in all court premises and tribunals across the country.