Daijiworld Media Network- New Delhi
New Delhi, Jan 16: In a landmark move, the Supreme Court issued categorical directions to provide separate toilet facilities for transgender persons across all court premises and tribunals in India. This decision comes ten years after the pivotal NALSA judgment granted legal recognition to the transgender community, yet many judicial complexes still lack adequate, inclusive washroom facilities.
The court emphasized that the absence of suitable washroom facilities undermines equality and poses a significant barrier to the fair administration of justice. Delivering the judgment, a bench of Justices JB Pardiwala and R Mahadevan stressed that access to sanitation is a fundamental human right, closely linked to the constitutional right of access to justice.
“Public health is of paramount importance, and clean public toilets contribute to the health and overall well-being of society,” the court observed. “The right to safe and clean drinking water and sanitation is essential for the full enjoyment of life and all human rights.”
The judgment came in response to a public interest litigation filed in 2023 by advocate Rajeeb Kalita, highlighting the systemic neglect of hygiene and sanitation in judicial premises, especially at the district court level.
Breaking new ground, the bench directed the immediate provision of separate washrooms for transgender persons, a step long overdue despite the legal recognition of their rights over a decade ago. The court noted that most high courts still lacked dedicated facilities for transgender individuals, and the exclusion from basic amenities violated principles of dignity and equality.
“Without such access, the states/UTs can no longer claim to be welfare states,” the bench maintained, highlighting the stark absence of facilities for women, persons with disabilities (PwD), and transgender persons in several court complexes.
The court condemned the deplorable state of existing facilities, stating that many courts suffer from poor conditions, with old and unusable toilets, insufficient water supply, broken taps, and non-functional fittings hindering proper use. District courts, in particular, were criticized for their "most deplorable conditions," failing to meet even basic hygiene standards.
“The failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system,” the judgment held. “The judicial system has not fully fulfilled its constitutional obligation to provide a safe, dignified, and equal environment for all seeking justice.”
Transgender persons, the court noted, are entirely excluded from the planning of toilet facilities in most judicial complexes, despite being recognized as a third gender under the law. This neglect tarnishes the judicial system’s reputation, which should serve as a model of fairness, dignity, and justice.
To address these deficiencies, the court issued a series of binding directives. High courts and state governments have been tasked with constructing gender-inclusive washrooms equipped with essential amenities, including sanitary napkin dispensers, tactile pavements for visually impaired individuals, and ramps for wheelchair users. Separate rooms connected to women’s washrooms will also be built to cater to nursing mothers, with feeding stations and diaper-changing facilities.
To ensure accountability, the bench directed the formation of committees in every high court, chaired by a judge nominated by the high court chief justice. These committees will oversee the planning and implementation of these facilities, conducting surveys to assess needs and ensuring proper maintenance through professional cleaning agencies. Additionally, a grievance redressal mechanism will be established for reporting and repairing defective toilets.
The court also called for urgent action to address sanitation in family courts, where the absence of child-safe washrooms creates challenges for single-parent litigants.
Asserting the urgency of the matter, the bench instructed all high courts and state governments to file compliance reports within four months. The order has been circulated to all high courts and chief secretaries of states and UTs for strict implementation.