Is India Setting a New Standard for Inclusive Court Facilities with Mandated Toilets for All Genders and Abilities?

The Supreme Court of India on Wednesday (Jan 15), in a landmark ruling towards gender equality directed all state governments and Union territories (UTs) to ensure that clean and accessible toilets are available for men, women, persons with disabilities (PwDs), and transgender individuals in every court and tribunal across the country. 

Upholding basic rights and dignity

Issuing directions on a PIL filed by a lawyer, a bench of Justices J B Pardiwala and R Mahadevan stressed that public health is a top priority and that safe, hygienic toilet facilities are essential for protecting privacy and dignity.

"The High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to judges, advocates, litigants, and court staff.

"For the aforesaid purpose, a committee shall be constituted in each of the High Courts under the chairmanship of a Judge nominated by the Chief Justice and members comprising the Registrar General/Registrar of the High Court, the Chief Secretary, the PWD Secretary and the Finance Secretary of the State, a representative of the Bar Association and any other officers as they deem it fit, within a period of six weeks," it added.

"How Can Accessible Toilets in Indian Courts Benefit Men, Women, PwDs, and Transgenders Nationally?"

The court underlined that safe and clean toilets are paramount to the safety of women and transgender individuals. 

"Without such access to the three genders, the States/UTs can no longer claim to be welfare State," the bench declared.

High Courts tasked with oversight

To enforce this directive, the Supreme Court ordered every High Court to form a special committee within six weeks. The chairman of the committee will be a judge appointed by the Chief Justice. Other members will include:  The Registrar General/Registrar of the High Court; The Chief Secretary; the State Public Works Secretary; State Finance Secretary; A Bar Association representative and; other relevant officers as deemed fit  

These committees will develop a detailed plan to build and maintain separate, hygienic toilets based on the daily average number of visitors.

Funding and maintenance

The bench instructed state governments and UTs to allocate enough funds for constructing and maintaining these facilities and said regular reviews are to be conducted in consultation with the High Court committees. A status report on progress must be submitted within four months.

Sanitation: A fundamental right

The Supreme Court said that access to "proper sanitation is recognised as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty".