India News | SC Directs HCs, States to Ensure Separate Toilets for Males, Females, PwDs, Transgenders
Get latest articles and stories on India at LatestLY. The Supreme Court on Wednesday said availability of public toilets is an important duty of the state governments and Union territories and steps need to be taken to ensure that such facilities are accessible to all.
New Delhi, Jan 15 (PTI) The Supreme Court on Wednesday said availability of public toilets is an important duty of the state governments and Union territories and steps need to be taken to ensure that such facilities are accessible to all.
Issuing a slew of directions on a PIL filed by a lawyer, the apex court asked all the high courts, state governments and UTs to ensure availability of separate toilet facilities for males, females, persons with disabilities (PwDs), and transgender persons in all court premises and tribunals across the country.
A bench of Justices J B Pardiwala and R Mahadevan while hearing the plea said public health is of paramount importance and creation of adequate public toilets also protects the privacy and removes the threat to women and transgender persons.
"The High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to Judges, advocates, litigants, and court staff.
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"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," the bench said.
The top court directed the committee to formulate a comprehensive plan and have a statistic of number of persons visiting the courts every day on an average and ensure that sufficient separate washrooms are built and maintained.
It shall also conduct a survey regarding the availability of toilet facilities, lacunae in the infrastructure and maintenance of the same, the bench said.
"The State Governments / UTs shall allocate sufficient funds for construction, maintenance and cleanliness of the toilet facilities within the court premises, which shall be periodically reviewed in consultation with the committee constituted by the High Courts. A status report shall be filed by all the High Courts and the States/UTs within a period of four months," the bench said.
The top court's judgement came on the PIL filed by advocate Rajeeb Kalita seeking basic toilet facilities are made available in all courts/ tribunals in the country for men, women, persons with disabilities, and transgenders.
Observing that the right to life encompasses within it the right to healthy and hygienic life and the right to live with dignity, the apex court said, "Availability of access to public toilets is an important duty of the States/UTs under the Directive Principles and it is just not enough if such provisions are made but steps are to be taken to ensure that the toilets are maintained throughout the year.
"Without such access to the three genders, the States/UTs can no longer claim to be welfare State," the bench said.
It also expressed concern over condition of public toilets built near toll plazas in the national highways across the country and remarked it was seldom maintained and accessible.
"The need for toilets/washrooms/rest rooms is even more acute for judges / advocates/ litigants/ staff members working in large number in the Courts and Tribunals as they are mostly struck in one place for longer periods because of the demands of the job and the system in the function of the courts/Tribunals.
"Therefore, it is the duty of the Government and local authorities to provide basic toilet and sanitation facilities within the court premises and ensure that they are constructed, maintained and kept in a hygienic condition for men, women, PwD, and transgender persons," the bench said.
The court said toilets are not merely a matter of convenience, but a basic necessity which is a facet of human rights.
"Access to proper sanitation is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. This right inherently includes ensuring a safe and hygienic environment for all individuals.
"There is a discernible duty on every State/UT under Part IV of the Constitution to ensure a healthy environment and to continuously strive of improving the public health. Access to justice includes the creation of a pleasant and humanly atmosphere for all the stake holders in the dispensation of justice," the bench said.
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, it added.
The bench said 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. 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. The failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system. The sorry state of affairs indicates the harsh reality that the judicial system faces," the bench said.
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