The ongoing unsanitary conditions of washrooms in court complexes nationwide represent a continual infringement of the fundamental rights and dignity of all users, including judges, lawyers, litigants, and staff, as detailed in a status report submitted by various high courts to the Supreme Court. The court was informed that the inadequate state of washrooms, even in prominent high courts located in metropolitan areas, is not an isolated case but rather indicative of systemic and administrative shortcomings in fund allocation, maintenance contract enforcement, and accountability measures. The existing facilities do not meet modern standards for public utilities and directly relate to failures in ensuring public health and sanitation.
Moreover, the lack of accommodations for Persons with Disabilities (PwD) in significant high and district courts violates their right to equality and non-discrimination as mandated by the Rights of Persons with Disabilities Act. This deficiency includes non-compliant construction, missing ramps, support bars, and insufficient space for wheelchair maneuverability, according to the report. The Supreme Court was also informed that the failure of most courts to provide separate and gender-neutral washrooms for the third gender undermines fundamental rights and dignity. Furthermore, the absence of operational crèche and childcare facilities (even when available) adversely affects the professional practice rights of female advocates and staff who are mothers, presenting a barrier to gender equality in the legal field.
The situation is particularly dire in the subordinate judiciary, highlighting significant infrastructure disparities. There is a pressing need for micro-level development, requiring decentralized implementation that focuses on local needs assessments, dedicated budget allocations, and community oversight to guarantee functional water supply, plumbing, and daily cleaning in every court complex. The Supreme Court was made aware that the inadequate state of these facilities impacts the working conditions of judicial officers and staff, particularly in rural courts, potentially affecting their health and efficiency, thereby diminishing the dignity of the justice system. These matters were raised in a Public Interest Litigation filed by lawyer Rajeeb Kalita.
On January 15, the Supreme Court issued multiple directives, emphasizing that the provision of public toilets is a crucial responsibility of state governments and Union territories, urging immediate action to ensure accessibility for all. The court instructed all high courts, state governments, and Union territories to guarantee the availability of separate toilet facilities for males, females, persons with disabilities, and transgender individuals across all court premises and tribunals in the country.