The Supreme Court on Friday emphasised that its directions for the construction and proper maintenance of toilet facilities in all court premises and tribunals across the country must be “duly and scrupulously complied” with, to make them meaningful for everyone who uses the judicial system.
A bench of Justices J.B. Pardiwala and K.V. Viswanathan was hearing the matter to assess compliance with the court’s earlier verdict delivered on January 15 this year. That verdict had issued comprehensive directions to all High Courts, states and Union territories to ensure the availability of separate, accessible and well-maintained toilets for men, women, persons with disabilities and transgender persons in every court complex and tribunal.
In its January ruling, the apex court had observed that “public health was of paramount importance” and that ensuring adequate toilet facilities also protects privacy and removes threats to women and transgender persons.
“Courts should not be places where basic needs such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice,” the bench had said in its judgment.
The Court had directed all High Courts to oversee and ensure that toilet facilities are clearly identifiable and accessible to judges, advocates, litigants and court staff. Each High Court was also asked to constitute a committee to supervise implementation. States and Union territories were instructed to allocate sufficient funds for the construction, maintenance and cleanliness of these facilities, with periodic reviews in consultation with the committees.
During Friday’s hearing, the bench noted that status reports had been received from various High Courts regarding compliance.
“What is necessary now is to ensure that the directions are duly and scrupulously complied with to make the facilities, which we had asked the states and Union territories to provide, more meaningful,” the bench observed.
The Court made it clear that it is now the responsibility of the High Court committees to ensure that housekeeping departments engaged for upkeep strictly follow the directions laid down in the January judgment.
The bench directed all High Courts to file fresh compliance reports within six months and listed the matter for further hearing after that period.
The January 15 judgment had stemmed from a public interest petition seeking directions to provide basic toilet facilities for men, women, persons with disabilities and transgender persons in all courts and tribunals across India.
