Sanitised toilets in courts— a fundamental right and not just a convenience

IN a significant judgment, the Supreme Court recently highlighted that toilets are not merely a matter of convenience, but a basic necessity and a facet of human rights. While stating this, the court went on to recognise proper sanitation as a fundamental right under Article 21 (right to life) of the Constitution.

The Bench comprising Justices J.B. Pardiwala and R. Mahadevan made these observations in a public interest litigation seeking sanitised toilets in all courts and tribunals. It passed a slew of directions to high courts as well as to state governments.

The directions particularly included the construction and availability of separate toilet facilities for males, females, specially-abled persons and transgender persons in all court premises and tribunals across the country.

The court observed that access to justice encompasses the creation of a human atmosphere for all stakeholders. It also highlighted the need to have proper washrooms by stating that the lack of these basic amenities should not discourage litigants from exercising their legal rights.

“Access to justice includes the creation of a pleasant and humanly (sic) atmosphere for all the stakeholders in the dispensation of justice. 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.

“Therefore, 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.”