Holding

The Supreme Court held that access to adequate, gender‑inclusive and disability‑friendly toilet facilities in courts is a component of the right to life and dignity under Article 21, imposing a constitutional duty on the State to provide, maintain and fund such facilities, thereby justifying the issuance of a writ of mandamus.

Summary

Advocate Rajeeb Kalita filed a public‑interest writ petition under Article 32 seeking a mandamus directing all States and Union Territories to provide separate, accessible toilet facilities for men, women, persons with disabilities and transgender persons in every court and tribunal. He highlighted the deplorable condition of washrooms, especially in district courts, and argued that lack of sanitation violates the right to life and dignity under Article 21 and the Directive Principles (Articles 47, 48A). The Court examined affidavits from High Courts, national reports, international covenants and statutes such as the Transgender Persons (Protection of Rights) Act. Relying on precedents that link health, hygiene and dignity to the fundamental right to life, the Court held that provision of adequate toilets is a constitutional duty of the State. Consequently, it issued detailed directions for construction, maintenance, funding, committee formation and periodic reporting, and disposed of the petition.

Issues considered

The adequacy of toilet and sanitation facilities in courts as a component of the fundamental right to life under Article 21.
Whether the Directive Principles of State Policy (Articles 47 and 48A) impose a positive duty on the State to provide such facilities.
The applicability of the Transgender Persons (Protection of Rights) Act, 2019 and Rules, 2020 to the provision of separate toilets for transgender persons in courts.
The Court's power to issue a writ of mandamus directing States/UTs to construct, maintain and fund toilet facilities in judicial premises.
The necessity and scope of directing High Courts to constitute committees and report on compliance.

Legislation cited

Constitution (Forty‑second Amendment) Act, 1976
Constitution of Indias. Article 21, s. Article 47, s. Article 48A
Transgender Persons (Protection of Rights) Act, 2019s. Section 3
Transgender Persons (Protection of Rights) Rules, 2020s. Rule 10

Subjects

Article 21 of the Constitution of IndiaRight to lifeAccess to proper sanitationToilet facilities in Courts/TribunalsLack of basic toilet and sanitation facilitiesAdequate washroom facilitiesAccessible washroom facilitiesSafe and hygienic environmentRight to healthy and hygienic lifeRight to live with dignityAdequate public toiletsTransgender personsSeparate toilets for transgender personsAccess to public toiletDirective Principles of State PolicyPublic healthAccess to justiceBasic hygiene standardsLack of access to proper washroom facilitiesBasic toilet and sanitation facilitiesToilet facilities in all Court premises and Tribunals

Judgment

[2025] 2 S.C.R. 27 : 2025 INSC 75

Rajeeb Kalita
v.
Union of India & Ors.
(Writ Petition (C) No. 538 of 2023)
15 January 2025
[J.B. Pardiwala and R. Mahadevan,* JJ.]

Issue for Consideration
Writ petition filed seeking issuance of Writ directing the States
and Union Territories to ensure basic toilet facilities in Courts/
Tribunals in the country for all including, persons with disabilities
and transgender persons.

Headnotes†
Constitution of India – Article 21 – Right to life – Access
to proper sanitation – Directive Principles of State Policy –
Articles 47, 48A – Lack of basic toilet and sanitation facilities
within the Court premises/Tribunals for the judges, litigants,
advocates and staff – Writ petition sought direction to the
States and UTs to ensure adequate washroom facilities in
various judicial premises across the country for men, women
and handicapped persons including transgenders:
Held: Toilets/washrooms/restrooms are not merely a matter of
convenience, but a basic necessity which is a facet of basic human
rights and dignity – Access to proper sanitation is a fundamental
right u/Article 21 which guarantees the right to life and personal
liberty which in turn inherently includes ensuring a safe and
hygienic environment for all individuals – Right to life encompasses
within it the right to healthy and hygienic life and the right to live
with dignity – Creation of adequate public toilets also protects
the privacy and removes the threat to ladies and transgender
persons – Availability of access to public toilet is an important
duty of the States/UTs under the Directive Principles – There
is a duty on every State/UT under Part IV of the Constitution to
ensure a healthy environment and to continuously strive to improve
the public health – Access to justice includes the creation of a

* Author
28 [2025] 2 S.C.R.

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pleasant and humanly atmosphere for all the stake holders in the
dispensation of justice – District Courts are in the worst and most
deplorable conditions failing to meet even basic hygiene standards
and even judges, particularly, in rural areas, still lack access to
proper washroom facilities – Toilets in several High Courts are
inadequate with non-functional hand dryers, handwash, toilet paper,
and napkins, etc. – Failure to provide adequate washroom facilities
reflects a deeper flaw in the justice system – Absence of adequate
washroom facilities undermines equality and poses a barrier to the
fair administration of justice – It is the duty of the Govt. 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 – Directions issued to States, UTs
and High Courts for the construction and availability of separate
toilet facilities for males, females, PwD, and transgender persons in
all Court premises and Tribunals across the Country – High Courts
to constitute the Committee, as directed – State Governments/
UTs to 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 – Status report to be filed by all
the High Courts and the States/UTs within four months. [Paras
8.24, 9.2.1, 10-10.2, 11]

Need for separate toilets for men, women and transgender
persons – Various Acts/International Laws/Reports/Guidelines
enumerated – Transgender Persons (Protection of Rights) Act,
2019 – Transgender Persons (Protection of Rights) Rules,
2020 – Harmonised Guidelines & Standards for Universal
Accessibility in India, 2021 by the Ministry of Housing
and Urban Affairs; The State of the Judiciary: A Report on
Infrastructure, Budgeting, Human Resources, and ICT, by
the Centre for Research & Planning, Supreme Court of India;
The Supreme Court Accessibility Committee Report (October,
2023) – Universal Declaration of Human Rights, 1948 –
International Covenant on Economic, Social and Cultural
Rights, 1966 – Discussed.

Case Law Cited
Vincent Panikurlangara v. Union of India [1987] 2 SCR 468 :
(1987) 2 SCC 165; Re. Amarnath Shrine v. Union of India
[2025] 2 S.C.R. 29

Rajeeb Kalita v. Union of India & Ors.

[2012] 13 SCR 1093 : (2013) 3 SCC 247; Common Cause (A
Registered Society) v. Union of India [1999] 3 SCR 1279 : (1999)
6 SCC 667; Consumer Education and Research Centre v. Union of
India [1995] 1 SCR 626 : AIR 1995 SC 922; State of M.P. v. Kedia
Leather & Liquor Ltd. [2003] Supp. 2 SCR 727 : (2003) 7 SCC
389; National Legal Services Authority v. Union of India [2014] 5
SCR 119 : (2014) 5 SCC 438; Re: Dignity, Respect & Honour of
Girls and Women Order dated 03.12.2024 in C.W.No.18518/2024;
Milun Suryajani v. Pune Municipal Commissioner 2015 SCC
OnLine Bom 6256; P. Saravanan v. Union of India Order dated
17.08.2021 in W.P(MD)No.4959 of 2019; Smita Kumari Rajgarhia
v. Govt. of NCT of Delhi 2015 SCC OnLine Bom 8558; Smita
Kumari Rajgarhia v. Govt. of NCT of Delhi Order dt. 16.10.2024
in W.P.(C) No.14517 of 2024 – referred to.

Books and Periodicals Cited
Harmonised Guidelines & Standards for Universal Accessibility in
India, 2021 issued by the Ministry of Housing and Urban Affairs;
The State of the Judiciary: A Report on Infrastructure, Budgeting,
Human Resources, and ICT, by the Centre for Research &
Planning, Supreme Court of India; The Supreme Court Accessibility
Committee Report, published in October, 2023.

Websites Cited
https://www.nea.gov.sg/our-services/public-cleanliness/toilets-
management/overview; https://www.toiletmap.org.uk/about;
https://publications.parliament.uk/pa/cm200708/cmselect/
cmcomloc/636/636.pdf?utm_source=chatgpt.com; https://
assets.publishing.service.gov.uk/media/5a7c5f0aed915d696cc
fc52e/7530.pdf; https://www.continence.org.au/national-public-
toilet-map; https://www.toiletten-fuer-alle.de/das-projekt.html;
https://downtown.org/wp-content/uploads/2019/08/IDADAA19_
WinnipegBIZ_PublicToilet_Summary.pdf; https://www.lixil.com/en/
impact/inclusion/universal_design.html.

List of Acts
Constitution of India; Transgender Persons (Protection of Rights)
Act, 2019; Constitution (Forty-Second Amendment) Act, 1976;
Transgender Persons (Protection of Rights) Rules, 2020.
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List of Keywords
Article 21 of the Constitution of India; Right to life; Access to proper
sanitation; Toilet facilities in Courts/Tribunals; Lack of basic toilet
and sanitation facilities; Adequate washroom facilities; Accessible
washroom facilities; Safe and hygienic environment; Right to life;
Right to healthy and hygienic life; Right to live with dignity; Adequate
public toilets; Transgender persons; Separate toilets for transgender
persons; Access to public toilet; Directive Principles of State Policy;
Public health; Access to justice; Basic hygiene standards; Lack of
access to proper washroom facilities; Basic toilet and sanitation
facilities; Toilet facilities in all Court premises and Tribunals.

Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 538 of
2023
(Under Article 32 of the Constitution of India)

Appearances for Parties
Bhaskar Dev Konwar, Sr. Adv., Ms. Charu Ambwani, Ms. Sanjukta
Jain, Advs. for the Petitioner.
Ms. Aishwarya Bhati, A.S.G., Lokesh Sinhal, Sr. A.A.G., Mrs.
Garima Prasad, A.A.G., Ms. Swarupama Chaturvedi, Sr. Adv., Ms.
Ruchi Kohli, Ms. Ameyavikrama Thanvi, Aman Sharma, Arvind
Kumar Sharma, Bharat Bagla, Siddharth Dharmadhikari, Aaditya
Aniruddha Pande, Anando Mukherjee, Shwetank Singh, Adarsh
Upadhyay, Ramesh Babu M. R., Pranav P P, Yashvardhan, Apoorv
Shukla, Ms. Prabhleen A. Shukla, Prashant Shrikant Kenjale,
Kunal Chatterji, Ms. Maitrayee Banerjee, Rohit Bansal, Apoorv
Kurup, Ms. Nidhi Mittal, Ms. Gauri Goburdhun, Akhil Hasija,
Arnav Mittal, Shaurya Agarwal, Ms. Jaya Choudhary, Amit Gupta,
Kshitij Vaibhab, Ms. Muskan Nagpal, Malak Manish Bhatt, P. I.
Jose, Anupam Raina, Ashok Mathur, E. C. Vidya Sagar, Subhash
Chandra Sagar, Shailendra Singh, Hemant Kumar Sagar, P. S.
Sudheer, Rishi Maheshwari, Bharat Sood, Ms. Anne Mathew,
Gautam Narayan, Ms. Asmita Singh, Tushar Nair, Anirudh Anand,
Punishk Handa, Arjun Garg, Sanjai Kumar Pathak, Mrs. Shashi
Pathak, Arvind Kumar Tripathi, Ahanthem Henry, Ahanthem Rohen
Singh, Mohan Singh, Aniket Rajput, Ms. Khoisnam Nirmala Devi,
Kumar Mihir, Ms. Aakanksha Kaul, Ms. Garima Bajaj, Gopal Jha,
Umesh Kumar Yadav, Ms. Enakshi Mukhopadhyay Siddhanta,
[2025] 2 S.C.R. 31

Rajeeb Kalita v. Union of India & Ors.

Venkata Raghuvamsy D., Ms. Pankhuri Bhardwaj, Pai Amit, Kushal
Dube, Ms. Radhika Gautam, Akshay Amritanshu, Ms. Himanshi
Shakya, Nikunj Gupta, Ms. Pragya Upadhyay, Ms. Swati Mishra,
Ms. Aakanksha, Advs. for the Respondents.

Judgment / Order of the Supreme Court

Judgment

R. Mahadevan, J.

Heard the learned counsel appearing for the parties and perused
the materials placed before us.
2. This writ petition styled as “Public Interest Litigation” has been filed
under Article 32 of the Constitution of India for the following reliefs:
(i). To issue a Writ of Mandamus directing all the States and Union
Territories to ensure that basic toilet facilities are made available
in all Courts/ Tribunals in the Country for men, women and
handicapped persons including transgenders, and to provide
and maintain urinals and similar conveniences at appropriate
locations in every Court premises as envisaged under Article
21 of the Constitution of India; and
(ii). To issue a Writ of Mandamus directing all the States and Union
Territories to construct public toilets and public conveniences
in all the Courts/ Tribunals and the same should be identifiable
and accessible by the advocates/ litigants/ court staff etc. for
men and women (including transgender persons) and to provide
amenities for persons with disabilities and maintain the same.
3. The Petitioner is a practicing Advocate enrolled with the Bar Council
of Assam and practicing in the Courts in Assam, Nagaland, Mizoram,
Arunachal Pradesh and Sikkim. He has stated that the scope of the
fundamental right under Article 21 of the Constitution of India includes
the right to live with dignity and all the necessities of life, such as,
adequate nutrition, clothing, health, etc., and no human being can
live with dignity unless there are facilities to maintain basic hygiene.
4. It is also averred in the writ petition that the Constitution of India
imposes a duty on the State to improve public health, raise the
standard of living, and increase the level of nutrition, which is outlined
in Article 47 under the Directive Principles of State Policy. Sanitation
32 [2025] 2 S.C.R.

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is also a part of Article 48A of the Constitution that mandates the
State to protect and improve the environment.
5. Adding further, the petitioner stated that the Government of India,
Ministry of Urban Development has initiated the ‘Swachh Bharat
Mission (SBM)’, which has set out certain guidelines, amongst
others, for the purpose of construction of public toilets in general.
That apart, the World Health Organization (WHO) of which, India is
a member, considers the health of human beings as the most basic
and essential asset, regardless of age, gender, socio-economic/
ethnic background.
6. That apart, the petitioner also pointed out the international policies
framed with respect to construction of public toilets for men, women
and handicapped persons including transgenders, and maintenance
of hygienic condition. To substantiate the averments made in the
writ petition, the petitioner placed reliance on a catena of decisions
rendered by this Court as well as by other High Courts.
6.1. Ultimately, the petitioner submitted that it is just and necessary
that clean and hygienic toilets are to be provided not only in
the places, such as, markets, train stations, tourist places,
near office complexes, or other public areas where there are
considerable number of people passing by, but also in the Court
complex/ premises, where advocates / litigants/ staff members
are working in a large number, otherwise, the right conferred
by Article 21 cannot be meaningful. Thus, this writ petition by
the petitioner is before us.
7. This Court by order dated 08.05.2023,1 directed all the High Courts
to file tabular statements on affidavit indicating the relevant details
pertaining to:

1 1.On the request of the counsel appearing on behalf of the petitioner, we grant permission to implead the
High Courts as party respondents to these proceedings.
2. Notice shall issue to all the High Courts through their Registrars General.
3. The High Courts shall file tabular statements on affidavit before the next date of listing indicating all
relevant details pertaining to:
(a) Availability of toilets for men, women and transgenders;
(b) Steps taken for maintenance of toilets;
(c) Whether separate toilet facilities are made available to litigants, lawyers and judicial officers; and
(d) Whether adequate facilities for sanitary napkins dispensers are made available in women’s toilets.
The affidavits shall cover the establishments of the High Court and the entire district judiciary in the
respective States/UTs.
4 In addition, since the Supreme Court has recently operationalized the iJuris portal, all the High Courts
were directed, within a period of two weeks, to ensure that all relevant data is uploaded on the app.
5 List the Petition on 17 July 2023.
[2025] 2 S.C.R. 33

Rajeeb Kalita v. Union of India & Ors.

(a) Availability of toilets for men, women and transgenders;
(b) Steps taken for maintenance of toilets;
(c) Whether separate toilet facilities are made available to litigants,
lawyers and judicial officers; and
(d) Whether adequate facilities for sanitary napkin dispensers are
made available in women’s toilets.
7.1. In pursuance of the above directions issued by this Court, all
the High Courts across the country have filed their respective
affidavits furnishing information regarding (a), (b), (c) and (d)
respectively in our order referred to above.
8. Before proceeding further, it is necessary to examine the relevant
provisions of law including international laws, reports/guidelines and
the case laws on the issue involved herein.

(A) LEGAL PROVISIONS & REPORTS/GUIDELINES
8.1. Constitution of India
Article 21. Protection of life and personal liberty
No person shall be deprived of his life or personal liberty
except according to procedure established by law.
Article 47. Duty of the State to raise the level of nutrition
and the standard of living and to improve public health.
The State shall regard the raising of the level of
nutrition and the standard of living of its people and
the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to
bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs
which are injurious to health.
Article 48A.2 Protection and improvement of environment
and safeguarding of forests and wild life.

2 It was inserted by Constitution (Forty-Second Amendment) Act, 1976
34 [2025] 2 S.C.R.

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The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life
of the country.
8.2. Transgender Persons (Protection of Rights) Act, 2019
Section 3. Prohibition against discrimination.—No
person or establishment shall discriminate against a
transgender person on any of the following grounds,
namely:—
(a) the denial, or discontinuation of, or unfair treatment
in, educational establishments and services thereof;
(b) the unfair treatment in, or in relation to, employment
or occupation;
(c) the denial of, or termination from, employment or
occupation;
(d) the denial or discontinuation of, or unfair treatment
in, healthcare services;
(e) the denial or discontinuation of, or unfair treatment
with regard to, access to, or provision or enjoyment
or use of any goods, accommodation, service, facility,
benefit, privilege or opportunity dedicated to the use of
the general public or customarily available to the public.
…..
8.3. Transgender Persons (Protection of Rights) Rules, 2020
Rule 10 speaks about welfare measures, education,
social security and health of transgender persons by
appropriate Government. Clauses (5) and (9) of Rule
10 are relevant and are thus:
(5) The appropriate Government shall create institutional
and infrastructure facilities, including but not limited to,
rehabilitation centre referred to in sub-section (3) of
Section 12 of the Act, separate human immunodeficiency
virus sero-surveillance centres, separate wards in
hospitals and washrooms in the establishment, within
two years from the date of coming into force of these
rules to protect the rights of transgender persons.
[2025] 2 S.C.R. 35

Rajeeb Kalita v. Union of India & Ors.

(9) The appropriate Government shall create
institutional and infrastructure facilities, including but
not limited to, temporary shelters, short-stay homes and
accommodation, choice of male, female or separate
wards in hospitals and washrooms in the establishment
within two years from the date of coming into force of
these rules to protect the rights of transgender persons.
8.4. The need for separate toilets for men, women and transgender
persons has been emphasized in the Harmonised Guidelines
& Standards for Universal Accessibility in India, 2021 issued
by the Ministry of Housing and Urban Affairs. The relevant
clause reads as follows:
“4.9.2. Public Toilets
Wherever there is provision of public washrooms to be
used by employees, staff, students, patients, or other
intended users, they all should be accessible to be
used by users of different ages, gender and persons
with disabilities who may be independent, accompanied
or assisted. Conventionally, public toilets consist of
separate toilet facilities for female and male users.
They either come in a cluster layout which has multiple
WC cubicles and wash basins provided for larger
establishments. Public washroom designs have seen
an evolution in their typologies which pays emphasis on
diverse human needs such as persons with disabilities,
transgenders, elders with caregivers, families with
younger children and expectant mothers. In all public
toilets, the following shall be provided:
1. Male section shall have atleast one urinal with support
grab bars for ambulant disabled and at least one urinal
for children at a lower height.
2. Both male and female section shall have one WC
for ambulant disabled
3. Depending on footfall, one accessible toilet in both
male and female toilet groups or one unisex/gender
neutral accessible toilet room with independent entrance
shall be provided.
36 [2025] 2 S.C.R.

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4. It needs to be ensured that accessibility services
including emergency services along with sanitation and
hygienic services are well integrated & maintained in
the public toilet system.”
8.5. The State of the Judiciary: A Report on Infrastructure,
Budgeting, Human Resources, and ICT, by the Centre for
Research & Planning, Supreme Court of India, after observing
that ‘hygienic washrooms for all genders is a basic human
right’, pointed out the following:
- Andhra Pradesh High Court expressed the need
to increase the number of washrooms by 3 times
in the High Court premises.
- District Court complexes: 12 High Courts have
submitted that there a stark inadequacy for toilets
for judges, staff, lawyers and litigants. The existing
few washrooms are also dysfunctional.
- There is no separation of washrooms for judges/
lawyers/litigants or even separate washrooms for
all genders.
- 19.7% District court complexes do not have
separate ladies’ toilets. Even the available
washrooms lack maintenance and often do not
have cleaning staff.
- 73.4% District courts do not have female
friendly washrooms with sanitation facilities (pad
dispensers).
- In recognition of the NALSA judgement, the need
for separate washrooms for a third gender is
emphasised.
- An empirical study indicated no separate washrooms
for the third gender. The Kerala High Court allows
the sharing of a separate washroom with PwDs.
In Uttarakhand, there are only 4 washrooms for
the third gender across the District Courts of the
State. Tamil Nadu has washrooms for the third
gender only in Chennai and Coimbatore.
[2025] 2 S.C.R. 37

Rajeeb Kalita v. Union of India & Ors.

8.6. The Supreme Court Accessibility Committee Report, published
in October, 2023 specifically addressed the issue of separate
toilets for transgender persons and made recommendations
to that effect, which are usefully extracted below:
Washrooms: There are some accessible washrooms
across the entire Supreme Court premises. However,
there needs to be uniformity. There are some
discrepancies in the implementation that can be
immediately fixed. There needs to be separate toilets
allocated for transgender persons. In the interim, till
new ones are built - accessible toilets for people with
disabilities can be used by transgender persons. An
additional “T” should be added to the existing signage
for an accessible washroom.
Recommendations
(1) Access to the washroom is the most basic requirement
for any person. It is recommended that every building
should have a sufficient and easily accessible unisex
restroom. Places like washrooms need to have an
attendant to assist persons with disabilities, some of
whom may be unable to use the facilities due to their
wheelchair, or other aid.
(2) Make sure reaching the washroom is also not
challenging. Signage must be provided along with
information in Braille, tactile pathways, and strips to
access the toilets.
3) Sanitary pad dispensers, and appropriate bins for
diaper disposal and sanitary waste need to be installed.

(B) INTERNATIONAL LAWS
8.7. Universal Declaration of Human Rights, 1948
Article 25. Everyone has the right to a standard of
living adequate for the health and well-being of himself
and of his family, including food, clothing, housing and
medical care and necessary social services, and the
right to security in the event of unemployment, sickness,
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disability, widowhood, old age or other lack of livelihood
in circumstances beyond his control.
8.8. International Covenant on Economic, Social and Cultural
Rights, 1966
Article 12.
1. The States Parties to the present Covenant recognize
the right of everyone to the enjoyment of the highest
attainable standard of physical and Mental health.
2. The steps to be taken by the States Parties to the
present Covenant to achieve the full realization of this
right shall include those necessary for:
(a)….
(b)The improvement of all aspects of environmental
and industrial hygiene;
….
8.9. United Nations General Assembly Resolution No.A/
RES/64/292 dated 3rd August, 2010 states that the right
to safe and clean drinking water and sanitation is a human
right that is essential for the full enjoyment of life and all
human rights.
8.10. Further, in its report on the Right to Sanitation, 2010, the
United Nations Committee on Economic, Social and Cultural
Rights (ESCR) reaffirms that since sanitation is fundamental
for human survival and for leading a life with dignity. It
further emphasizes that the right to sanitation is an essential
component of the right to an adequate standard of living
as enshrined in Article 11 of the International Covenant on
Economic, Social and Cultural Rights. The right to sanitation
is also integrally related to other Covenant rights including
the right to housing and right to water (Article 11) and the
right to health (Article 12 paragraphs 1 and 2 (a), (b) and
(c)), as recognized in the Committee’s General Comment
No.15. However, it is significant to note that sanitation has
distinct features which warrant its separate treatment from
water in some respects. Although much of the world relies
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Rajeeb Kalita v. Union of India & Ors.

on waterborne sanitation, increasingly sanitation solutions
which do not use water are being promoted and encouraged.
8.11. Human Rights Council Resolution No.A/HRC/15/L.14 dated
24.09.2010, affirms and reaffirms as under:
- Affirms that the human right to safe drinking water
and sanitation is derived from the right to an adequate
standard of living and inextricably related to the right to
the highest attainable standard of physical and mental
health, as well as the right to life and human dignity.
- Reaffirms that States have the primary responsibility to
ensure the full realization of all human rights, and that
the delegation of the delivery of safe drinking water and/
or sanitation services to a third party does not exempt
the State from its human rights obligations.

(C) CASE LAWS
8.12. A few decisions of this Court and the observations made
therein are reproduced below, for better appreciation of the
issue involved herein.
(i) Vincent Panikurlangara v. Union of India3:
“16. A healthy body is the very foundation for all human
activities. That is why the adage “Sariramadyam
Khaludharma Sadhanam”. In a welfare State, therefore,
it is the obligation of the State to ensure the creation
and the sustaining of conditions congenial to good
health. This Court in Bandhua Mukti Morcha v. Union
of India (1984) 3 SCC 161 aptly observed: (SCC p.
183. para 10):
“It is the fundamental right of everyone in this country,
assured under the interpretation given to Article 21
by this Court in Francis Mullin case (Francis Coralie
Mullin v. Administrator, Union Territory of Delhi (1981)
1 SCC 608 : 1981 SCC (Cri) 212) to live with human
dignity, free from exploitation. This right to live with

3 [1987] 2 SCR 468 : (1987) 2 SCC 165
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human dignity enshrined in Article 21 derives its life
breath from the Directive Principles of State Policy and
particularly clauses (e) and (f) of Article 39 and Articles
41 and 42 and at the least, therefore, it must include
protection of the health and strength of the workers,
men and women, and of the tender age of children
against abuse, opportunities and facilities for children
to develop in a healthy manner and in conditions of
freedom and dignity, educational facilities, just and
humane conditions of work and maternity relief. These
are the minimum requirements which must exist in order
to enable a person to live with human dignity and no
State — neither the Central Government nor any State
Government — has the right to take any action which
will deprive a person of the enjoyment of these basic
essentials.”
“...... maintenance and improvement of public health
have to rank high as these are indispensable to the
very physical existence of the community and on the
betterment of these depends the building of the society
of which the Constitution makers envisaged. Attending
to public health in our opinion, therefore, is of high
priority-perhaps the one at the top.”
(ii) In Re. Amarnath Shrine v. Union of India4:
“15. Not only this, there is still a greater obligation upon
the Centre, State and the Shrine Board in terms of Article
48-A of the Constitution where it is required to protect
and improve the environment. Article 25(2) of UDHR
ensures right to standard of adequate living for health
and well-being of an individual including housing and
medical care and the right to security in the event of
sickness, disability, etc. The expression “life” enshrined
in Article 21 of the Constitution does not connote mere
animal existence or continued drudgery through life.
It has a much wider meaning which includes right to

4 [2012] 13 SCR 1093 : (2013) 3 SCC 247
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livelihood, better standard of living, hygienic conditions
in the workplace and leisure. The right to life with human
dignity encompasses within its fold, some of the finer
facets of human civilization which make life worth living.”
(iii) Common Cause (A Registered Society) v. Union
of India5:
“175. “Right to Life” set out in Article 21, means
something more than mere survival or animal existence.
(See: State of Maharashtra v. Chandrabhan Tale (1983)
3 SCC 387). The right also includes the right to live with
human dignity and all that goes along with it, namely,
the bare necessities of life such as adequate nutrition,
clothing and shelter over the head and facilities for
reading, writing and expressing oneself in different forms,
freely moving about and mixing and commingling with
fellow human beings. [See: Francis Coralie Mullin v.
Administrator Union Territory of Delhi: (1981) 1 SCC 608;
Olga Tellis v. Bombay Municipal Corporation: (1985) 3
SCC 545 (paras 33 and 34); Delhi Transport Corporation
v. D.T.C. Mazdoor Congress: 1991 Supp (1) SCC 600
(paras 223, 234 and 259)]. In Kharak Singh v. State of
U.P.: AIR 1963 SC 1295, domiciliary visit by the Police
was held to be violative of Article 21.”
(iv) Consumer Education and Research Centre v.
Union of India6:
“22. Article 1 of the Universal Declaration of Human
Rights asserts human sensitivity and moral responsibility
of every State that “all human beings are born free and
equal in dignity and rights. They are endowed with
reason and conscience and should act towards one
another in a spirit of brotherhood.” The Charter of the
United Nations thus reinforces the faith in fundamental
human rights and in the dignity and worth of the human
person envisaged in the directive principles of State

5 [1999] 3 SCR 1279 : (1999) 6 SCC 667
6 [1995] 1 SCR 626 : AIR 1995 SC 922
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policy as part of the Constitution. The jurisprudence of
personhood or philosophy of the right to life envisaged
under Article 21, enlarges its sweep to encompass
human personality in its full blossom with invigorated
health which is a wealth to the workman to earn his
livelihood to sustain the dignity of person and to live a
life with dignity and equality.”
(v) State of M.P. v. Kedia Leather & Liquor Ltd.7:
“10. The two statutes relate to prevention and control
of pollution and also provide for penal consequences in
case of breach of statutory provisions. Environmental,
ecological air and water pollution amount to violation of
the right to life assured by Article 21 of the Constitution
of India (in short “Constitution”). Hygienic environment is
an integral facet of healthy life. Right to live with human
dignity becomes illusory in the absence of humane and
healthy environment.”
(vi) This Court in National Legal Services Authority v. Union
of India8, while dealing with the issue relating to separate
toilets and other facilities for transgenders, held that
‘access to public toilets is also a serious problem they
face quite often. Since there are no separate toilet
facilities for hijras/transgender persons, they have to
use male toilets where they are prone to sexual assault
and harassment. Discrimination on the ground of sexual
orientation or gender identity, therefore, impairs equality
before law and equal protection of law and violates
Article 14 of the Constitution of India’. Ultimately, it was
ordered in paragraph 135.6 that the Centre and State
Governments should take proper measures to provide
medical care to TGs in the hospitals and also provide
them separate public toilets and other facilities.
8.13. The Rajasthan High Court in Re: Dignity, Respect & Honour
of Girls and Women9 stated that due to lack of toilet facilities

7 [2003] Supp. 2 SCR 727 : (2003) 7 SCC 389
8 [2014] 5 SCR 119 : (2014) 5 SCC 438
9 Order dated 03.12.2024 in C.W.No.18518/2024 (suo motu writ petition)
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for women or where toilets exist, but they lack in cleanliness,
sanitation and hygiene, women tend to ‘hold on’ and defer
urination until they can find a clean public toilet or till they
reach home. In fact, at times, women do not drink water,
when required to step out, with the fear that she may not
have access to a clean and safe toilet. Medical science has
shown that urinary tract infections, problems of distended
bladders, and a range of other uro-gynocological problems
are a consequence of deferring urination’. Considering the
seriousness of the issue, the High Court issued a series
of directions to the Government, for security and safety of
women.
8.14. The Bombay High Court in Milun Suryajani v. Pune Municipal
Commissioner10, in a PIL, held that “women have the right to
have safe and clean toilets at all convenient places, which in
a way impacts their right to live with human dignity. One of the
paramount duties of the States / UTs and the Corporations
is to improve public health by providing toilets for women at
all convenient places”.
8.15. Referring to the aforesaid order of the Bombay High Court,
the Madras High Court in P. Saravanan v. Union of India11,
held that ‘a neat and hygienic toilet is a right of the citizen’
and ultimately, issued various directions, including that
public toilets, in adequate numbers, with all necessary
facilities should be provided across the State, free of cost,
wherever possible; and the Government shall also consider
the directions issued by the Division Bench of the Bombay
High Court in Milun Suryajani (supra) and assess the
feasibility of implementing such directions and implement
them accordingly.
8.16. In New Bombay Advocates Welfare Association v. State of
Maharashtra12 the Bombay High Court while considering
the issue relating to construction of court complex, has
categorically observed as follows:

10 2015 SCC OnLine Bom 6256
11 Order dated 17.08.2021 made in W.P(MD)No.4959 of 2019
12 2015 SCC OnLine Bom 8558
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“7. The Apex Court has reiterated that it is the
constitutional duty of the Government to provide to the
citizens of the country with such judicial infrastructure
and means of access to justice so that every citizen
is able to receive an expeditious, inexpensive and
fair trial. What is more important is the categorical
declaration made by the Apex Court that the plea of
financial limitations or constraints cannot be a valid
excuse to avoid the performance of the constitutional
duty of the Government to provide a proper judicial
infrastructure. The fundamental right to access to justice
and right to speedy justice available to the citizens can
be effectively exercised by them provided adequate
judicial infrastructure is available. The said right can
be effectively exercised provided adequate number of
courts are established and a proper infrastructure is
provided therein for the litigants, Judges, the members
of the Bar and the Court staff. The existence of aforesaid
fundamental right creates a corresponding obligation in
the State Government to ensure, that adequate number
of courts are established as may be decided by the High
Court and a proper infrastructure is provided therein
for the litigants, Judges, the members of the Bar and
the Court staff. The litigants are entitled to have basic
facilities such as clean drinking water, clean toilets
and proper sitting arrangement in every Court. While
performing the constitutional duty of ensuring that the
citizens are able to exercise the said right, the State
Government cannot come out with an excuse of financial
limitations or constraints.”
8.17. The Delhi High Court in Smita Kumari Rajgarhia v. Govt. of
NCT of Delhi13 has mandated an inspection of washroom
facilities across all District Courts in the City to access hygiene,
functionality and safety. It emphasized the importance of
these facilities, stating that access to clean, functional and
secure washroom facilities is a basic necessity, especially for
women members of the Bar. It highlighted the need to protect

13 Order dt. 16.10.2024 in W.P.(C) No.14517 of 2024.
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the safety, privacy and health of female lawyers and urged
all parties involved to treat this issue with the seriousness it
deserves. After receipt of the inspection report, the Delhi High
Court, vide order dated 05.12.2024, issued various directions
to the PWD Department, PDJs and Bar Associations of all
District Courts.

(D) GLOBAL OVERVIEW
8.18. The National Environment Agency (NEA) is Singapore’s14
primary authority responsible for maintaining a clean
environment. A key focus of its public health initiatives is the
promotion of clean and well-maintained public restrooms. NEA
offers public toilet owners’ clear guidelines and regulations
to ensure proper upkeep. Singapore also has the Restroom
Association of Singapore (RAS), which released a guidebook
titled A Guide to Better Public Toilet Design and Maintenance.
This guide provides comprehensive instructions on designing
and maintaining public restrooms to meet community
standards. With NEA’s support, RAS introduced the Happy
Toilet Programme on July 1, 2003, encouraging restroom
owners and operators to uphold cleanliness, safety, and
accessibility. The guidebook emphasizes thoughtful design
considerations, addressing aspects like safety, vandalism
prevention, accessibility for individuals with disabilities, and
overall hygiene. It includes detailed visual graphics specifying
design standards.
8.19. The United Kingdom15 emphasizes accessible and well-
maintained public toilets as a key aspect of public service.
Cities like London provide detailed information on public
restroom facilities, including types, locations, charges, and
amenities like baby care facilities, through their official
websites. Feedback channels, such as phone numbers and
email addresses, are also available for public input. The British
Toilet Association (BTA) established in 1999, campaigns for

14 https://www.nea.gov.sg/our-services/public-cleanliness/toilets-management/overview
15 https://www.toiletmap.org.uk/about, https://publications.parliament.uk/pa/cm200708/cmselect/cmcomloc/
636/636.pdf?utm_source=chatgpt.com, https://assets.publishing.service.gov.uk/media/5a7c5f0aed915d
696ccfc52e/7530.pdf
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better restroom standards and promotes public toilets as
part of the UK’s tourism appeal, with facilities highlighted on
VisitBritain’s website. Additionally, the House of Commons
addressed restroom provisions in a 2007–2008 report, and the
Communities and Local Government department published a
guide titled Improving Public Access to Better Quality Toilets.
8.20. Australia16 prioritizes accessibility and convenience in its
public restroom infrastructure. The government launched the
National Toilet Map, which provides details on over 16,000
publicly accessible toilets across the country. Initially designed
to assist individuals with incontinence, the map also benefits
tourists and other groups. It includes key information such
as disability access and operating hours.
8.21. Germany’s17 “Toilet for All” initiative, also known as the
“Changing Places” program, aims to ensure accessibility
and dignity for people with severe disabilities. These facilities
go beyond standard wheel chair-accessible restrooms
by incorporating features like height-adjustable changing
benches, ceiling hoists, and extra space for caregivers. The
initiative supported by organizations like the German Toilet
Organization and local governments, strives to increase the
availability of these specialized restrooms in public spaces.
It aligns with efforts to create a more inclusive society
where everyone, regardless of ability, can navigate public
environments comfortably.
8.22. Canada’s18 “Pop-Up Winnipeg Public Toilet” initiative is
a benchmark in creating inclusive and accessible public
restroom facilities. This pilot project combined community
service, innovative design, and social equity. The initiative
featured portable restrooms placed strategically in high-
need downtown areas, requiring minimal connection to city
infrastructure. It focuses on human-centered service and
youth from marginalized backgrounds were employed as
“Watch Ambassadors,” offering maintenance and oversight
while gaining employment experience and dignity.

16 https://www.continence.org.au/national-public-toilet-map
17 https://www.toiletten-fuer-alle.de/das-projekt.html
18 https://downtown.org/wp-content/uploads/2019/08/IDADAA19_WinnipegBIZ_PublicToilet_Summary.pdf
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8.23. In Japan,19 through initiatives by companies like LIXIL,
developed all-gender universal toilets that accommodate
diverse needs, including those of people with disabilities,
the elderly, and individuals with dementia. LIXIL’s approach
emphasizes “choosing the cubicle that best suits you” while
integrating features such as accessible design, caregiver
accommodations, and innovative technologies. It is also
pertinent to mention here that the Japan is the country with
most active elderly works in the world and yet, it is one of
the cleanest countries in the world.
8.24. Thus, the entire analysis makes it abundantly clear that
public health is of paramount importance and clean public
toilets contribute to the health and overall well-being of
the society. Also, the right to safe and clean drinking water
and sanitation is essential for the full enjoyment of life
and all human rights. It is settled law that the right to life
encompasses within it the right to healthy and hygienic
life and the right to live with dignity. Creation of adequate
public toilets also protects the privacy and removes the
threat to ladies and transgender persons. Availability of
access to public toilet 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. We may hasten
add here that though public toilets are built near every toll
plaza in the National Highways across the country, we
seldom find them to be maintained and accessible. The
need for toilets/washrooms/restrooms 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

19 https://www.lixil.com/en/impact/inclusion/universal_design.html
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constructed, maintained and kept in a hygienic condition for
men, women, PwD, and transgender persons.
9. We have carefully perused the responses submitted by various
High Courts pursuant to the order of this Court dated 08.05.2023,
which have been presented before us in the form of additional
documents containing 777 pages. We have also considered the written
suggestions of the learned counsel for the petitioner and the learned
Additional Solicitor General of India appearing for the Respondent
No.1, as directed by this Court. The relevant paragraphs of all the
stake holders are extracted below for the sake of specificity.

On the side of the Petitioner:

3. Highlighting Ground Reality and Additional
Suggestions
D. Affidavits and Gaps: While affidavits disclose the number
of toilets available, they fail to indicate the availability
of funds or the timeline of construction. The lack of
transparency in these aspects raises significant concerns
about the usability of these facilities.
E. Condition of Old Toilets: Many old toilet blocks have
crumbled and are no longer fit for human use. Several
are kept under lock and key, and litigants and lawyers are
often denied access, particularly in the State of Assam.
F. Maintenance Issues: There are inadequate funds to
maintain the facilities, leading to broken taps, damaged
seats, and other non-functional fittings even in new
buildings. The lack of regular maintenance further
exacerbates the problem.
G. District Court Reality: The District Courts, as observed
by the petitioner lawyer, represent some of the worst
scenarios, with deplorable conditions that fail to meet
basic hygiene standards.
H. Funding Transparency: Indicate the yearly funds allotted
for the maintenance of toilets and clarify whether these
funds are provided by the State Government, and whether
they are sufficient to meet the maintenance needs.
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A similar inquiry should be made for the allocation and
sufficiency of funds in High Courts and the Supreme
Court.

4. Further Recommendations
I. Comprehensive Audit: Conduct a detailed audit of
toilet facilities in Courts across the region to determine
availability, usability, and accessibility.
J. Adequate Funding: Ensure the availability of sufficient
funds for both construction and regular maintenance of
toilet facilities.
K. Inclusive Facilities: Provide separate, functional,
and accessible toilets for men, women, transgenders,
and differently-abled persons in all court buildings, with
appropriate signage and privacy measures.
L. Mandatory Separate Toilets: Provide mandatory to
allocate and maintain separate toilets for litigants, lawyers,
and judicial officers, including lady judicial officers.
M. Grievance Redressal Mechanism: Establish mechanisms
for immediate reporting and resolution of issues related
to toilet facilities.
N. Periodic Inspections: Formulate guidelines for periodic
inspections of toilet facilities to ensure cleanliness,
functionality, and accessibility.
O. Provision of Sanitary Facilities in High Courts: Some
High Courts, such as the Gauhati High Court, have taken
initiatives by issuing tenders for the supply of sanitary
napkins and dispensers; however, their installation remains
pending. There is a notable lack of statistical data on
similar facilities in other High Courts, particularly regarding
the allocation and utilization of funds for such essential
amenities.
P. Inadequate Basic Amenities in Courts: Many court
premises suffer from a lack of proper water supply for
washing in toilets, as well as insufficient drinking water
facilities, creating significant inconvenience for users.
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Q. Additionally, there is a noticeable absence of creche
facilities in several courts, posing challenges for single
mother advocates who require such support while attending
court proceedings.
R. Modernizing Court Toilet Facilities Through Outsourcing:
Unlike airports, which now boast improved toilet facilities
following privatization, many High Court toilets remain
inadequate, with non-functional hand dryers, and a lack
of provisions for hand wash, toilet paper, and napkins. To
address these shortcomings, it is imperative to consider
outsourcing maintenance and cleaning to professional
agencies on a contractual basis, as practiced in the
Supreme Court, which employs modern cleaning methods
and machinery to ensure better hygiene and usability.
S. Ensuring Functional and Eco-Friendly Toilets in Courts:
To maintain High Court toilets in working condition, it is
essential to install proper exhaust fans to eliminate stench
and odor. A recurring issue in India is the prevalence of
Gutka stains and the construction of some toilet blocks in
low-lying landfill areas, which hinders the proper disposal
of waste.
T. Improving Accessibility for Differently-Abled Persons in
Courts: The toilets and corridors in most courts are not
designed to accommodate the needs of differently- abled
persons. For instance, there are no tactile pavements in
corridors or toilets to assist visually impaired individuals,
leaving them without proper guidance. Similarly, facilities
are often inadequate or inaccessible for persons using
wheelchairs, creating significant challenges in navigation
and usage. Ensuring inclusivity requires urgent attention to
incorporate accessible infrastructure in all court buildings.

U. Introducing Mother-Friendly Facilities in Courts:
Courts should consider incorporating breastfeeding
facilities to support nursing mothers, along with dedicated
platforms for changing napkins within toilet areas, similar to
the amenities available in airports. These additions would
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provide essential support for mothers, ensuring comfort
and convenience during their time in court premises.
V. Historic court buildings, such as the Bombay High Court,
face significant challenges in expanding toilet facilities
due to space constraints. For example, some floors have
only one toilet located at the end of a corridor, which is
insufficient to accommodate the large number of people
using the premises daily. Similarly, older CJM and District
Courts experience the same issue.
To tackle this problem:
i. Optimize Existing Spaces: Identify underutilized areas
within these buildings to install additional toilets without
compromising structural integrity.
ii. Introduce Modular Solutions: Use modern modular toilet
units that can be installed with minimal modifications to
the existing infrastructure.
iii. Upgrade Plumbing Systems: Retrofit outdated plumbing
to support increased capacity and improve the functionality
of existing toilets.
iv. Expert Consultation: Engage architectural and
engineering experts to create innovative solutions tailored
to the constraints of heritage buildings.
W. Addressing Poor Sanitation in Court Complexes:
Instances such as the Saket Courts in Delhi, where the
toilets on the fifth floor and near the canteen are in a
horrific state with inadequate cleanliness, highlight the
pressing need for improved sanitation standards. Similarly,
in Kokrajhar, Assam, the District Judge Court had to be
shifted due to the stench emanating from the toilets,
underscoring the failure of the Public Works Department
(PWD) tasked with maintaining these facilities.
To address these issues:
i. Strengthen Accountability: Introduce stringent monitoring
of agencies like the PWD responsible for sanitation, with
penalties for non-compliance.
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ii. Outsource Maintenance: Engage professional cleaning
services on a contractual basis for better upkeep, similar
to modern facility management practices.
iii. Upgrade Infrastructure: Replace outdated fixtures and
plumbing systems with modern, odor-resistant designs.
iv. Regular Audits: Conduct periodic cleanliness audits by
third-party evaluators to ensure standards are met.
v. Feedback Mechanism: Set up a user-friendly feedback
system for litigants, lawyers, and staff to report maintenance
issues promptly.
vi. Dedicated Budget: Allocate specific funds for toilet
repairs, cleaning, and modernization in court premises to
ensure sustainable improvements.

X. Ensuring Child-Friendly Facilities in Family Courts:
Family courts in India, where children frequently visit, lack
adequate child-friendly rooms and toilet facilities designed
for their needs. This absence of essential infrastructure
raises serious concerns, especially considering the
sensitivity required in such environments.
To address this:
i. Designated Child-Friendly Areas: Establish dedicated
rooms with safe, engaging spaces for children, equipped
with basic amenities and monitored by trained personnel.
ii. Child-Specific Toilets: Construct toilets tailored for
children, ensuring safety, accessibility, and proper hygiene
standards.
iii. Policy Implementation: Enforce mandatory guidelines for
child-friendly infrastructure in all family courts, supported
by allocated funding.
iv. Special Training: Equip court staff and personnel with
training in handling children, fostering an empathetic and
supportive atmosphere.
v. Collaboration with Experts: Engage child welfare
organizations to design and implement these facilities
effectively.
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Y. Toilets in extreme cold places require special infrastructure
to ensure usability and comfort. While facilities like warm
water and heated seats, as seen in Japan, represent an
ideal scenario, implementing such amenities in India,
particularly in cold regions, is not entirely out of reach.
However, it faces challenges due to logistical, economic,
and policy-related constraints.
Z. Current Scenario in Cold Regions of India: Limited
Infrastructure: Most public toilets in cold areas like Ladakh,
Himachal Pradesh, Kashmir, or the Northeast have basic
infrastructure without advanced amenities like heated seats
or warm water. Plumbing systems often freeze during
winter, making toilets non-functional.
AA. Maintenance Challenges: Cold climates make
maintenance difficult, especially for water supply and
waste disposal systems, as they require special insulation
or heating mechanisms to prevent freezing.
BB. Resource Constraints: High-altitude areas have limited
access to reliable electricity and adequate funding, which
hampers the installation of advanced technologies.
CC. In hot regions like Rajasthan, public toilets must
prioritize water conservation, cooling technologies, and
durability to ensure usability and comfort. By leveraging
solar energy, passive cooling designs, and innovative
water-saving technologies, toilets in these areas can be
transformed to meet the challenges posed by extreme heat
conditions. With the right planning and investment, clean,
efficient, and sustainable toilets can become a reality, even
in the harshest climates.
DD. Toilets in coastal areas like Goa and Chennai, as well
as flood-prone regions like Assam, face unique challenges
due to high humidity, waterlogging, and extreme weather
conditions. Proper design and infrastructure are crucial
to ensure functionality, hygiene, and durability in such
environments.
EE. To improve court infrastructure, including toilets,
a combination of innovative funding mechanisms and
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increased allocation from central and State Governments
is essential.”

On the side of the Respondent No.1
“(a)All High Courts may be directed to ensure availability
of separate toilets for judges and advocates across all
District and magisterial Courts. Further, orders may also
be passed to ensure separate toilets for male and female
judges.
(b)High Court may be further directed to ensure separate
toilets for male, female and differently abled advocates;
and similarly have separate toilets for male, female and
differently abled litigants.
(c)To identify lacunae in the existing infrastructure of toilets,
a comprehensive audit may be conducted of toilet facilities
in all Districts and High Courts. To this end, a committee
can be constituted in the each of the High Courts which
may identify the loopholes in the infrastructure of toilets
with special reference to a toilet in each chamber in the
subordinate judiciary.
(d)Mechanism must be developed for addressing
grievances relating to maintenance and cleanliness of
toilets across all courts.
(e) Provisions may be made, incrementally, to provide
sanitary napkins free of cost or at a nominal rate across
all courts and tribunals. To this end, automated dispensers
may be installed across courts along with proper facility
for disposal of used sanitary napkins.
(f)Provisions must be made to ensure availability of tap
water across all toilets.
(g)Indian Railways has adopted bio-toilets across trains,
same or similar technology may be incorporated to install
new environment friendly toilets across courts in the country
as well to further the goal of sustainable development.
(h)Regular maintenance in the cleaning facilities and
upkeep in all courts of the States must be ensured. To
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ensure regular maintenance of toilets, this service can
be outsourced to the Professional Agencies on the same
model as the Supreme Court of India.
(i)Historic Court buildings such as Mumbai, Calcutta,
Chennai, Allahabad, etc. must be retrofitted with modern
toilet while maintaining their architectural integrity. To this
end, separate study may be needed to be carried out to
examine how to maintain such architectural integrity.
(j)High Courts and State Governments may consider
having separate budget allocated for construction and
maintenance of toilets. To ensure transparency of funds,
annual audit report may be published on High Court
website.”
9.1. The Calcutta High Court has also submitted its suggestions in
the form of an affidavit, the relevant paragraphs of which are
extracted below:
“5.Presently High Court in one of its buildings is
having Gender Neutral Toilet which can be extended
to different court premises based on need. In fact,
old toilets constructed in the buildings are accessible
during the working hour for litigants and advocates
and in case while using the same they face any
problem the same can be complained in office or in
the whatsapp group to the concerned officers of the
Court Management and promptly (15 to 20 mins)
steps are taken by the administration.
7.It is submitted that for better maintenance of
the toilets (Litigants, Advocates, Judicial Officers
and Hon’ble Judges of High Courts) in High Court
buildings (including Circuit Benches) and all District
Court and Sub-Divisional Court buildings it is possible
to outsource the existing job to private agency in
place of present infrastructure or resource of PWD
Department, State Government.
8.As the High Court do not have source of Fund
for that purpose it is imperative that due budgetary
allocation be made by the State Government /
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Central Government whereby hourly cleaning can
be undertaken for the existing infrastructure.
9…… It is submitted that if the job is outsourced
the expenses can come down subject to Detailed
Project Report.
10.It is submitted that High Court administration plans
to undertake Ladies Bar Lounge in its main building
and in future can contemplate of having the same in
Centenary Building, Sesquicentenary Building, Circuit
Bench at Port Blair and Siliguri wherein there can be
exclusive room for female members of the Bar which
will have inside it toilet facility with additional Sanitary
dispenser. In fact, similar project can be undertaken
for other Courts and Tribunals within the jurisdiction
of High Court.
11.It is submitted that when compliance affidavit
was filed Vending machine was installed in female
toilets, however, in course of time the administration
faced certain issue for maintenance / running of the
same. In this regard the administration is presently
negotiating with the State Government for providing
staffs for running and maintenance of the same with
regular funding.
12.In fact, it is suggested that awareness programme
be organized in Courts/ Tribunals to increase
awareness amongst Advocates/ Litigants / Staff /
Clerks and other persons associated with Court
infrastructure with regard to use of toilets and
infrastructure so that it helps in maintenance aspect.
13.High Court administration can formulate a
committee headed by Chief Justices Nominee,
Registrar General, one Registrar of High Court, Chief
Secretary, Judicial Secretary and Finance Secretary
of the State and for the infrastructures in Port Blair
Officers from Central Government to annually review
the scope of improvement in this regard so that there
is no budgetary hurdle.
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14.The Committee should be empowered to consider
the suggestion in this regard for Courts and Tribunals
other than High Court within its jurisdiction and take
suitable steps for improvement.
15.It is suggested that every Courts / Tribunals within
the jurisdiction of the High Court should inform the
committee referred hereinabove for the purpose
of creation of new, upkeeping and maintenance of
existing infrastructure regarding the requirement of
improvement within a period of 3 months from the date
of order, thereafter the committee can independently
decide on every requisition within a period of another
3 months after virtually interacting with the Principal
Officer of the Court / Tribunal who should satisfy
about the need in course of virtual interaction by
the Committee or competent officer deputed by
committee. In this regard, in case there is urgent
requirement of toilet or maintenance the same shall
be supported with photographic evidence. One the
committee decides on the requisition within the time
frame, necessary budgetary allocation be done within
2 months and work order be issued within a month
thereafter and every unit undertaken in separate work
order to be completed in a timely manner.
16.It is submitted that High Court have plans to have
baby feeding rooms and are creating at least one
such room in each building….”
9.2. It could be discernible from the responses received that various
High Courts have not provided toilets for transgenders with
only a few exceptions. There is no concrete statistical data
regarding the availability of toilets for differently abled persons
and separate toilets for lady judicial officers in their chambers
situated within the Court premises. Furthermore, there is a lack
of transparency concerning the availability of funds and the
timeline for construction of toilet facilities.
9.2.1. The conditions prevailing in many courts are poor with old
toilets in unusable conditions, insufficient water supply,
unlocked doors, broken taps, etc. Due to insufficient
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funds, toilets are not properly maintained. Even in newly
constructed buildings, non-functional fittings hinder the
proper use of toilet facilities. District Courts are in the
worst and most deplorable conditions and failing to meet
even basic hygiene standards. The number of toilets
required have to be ascertained taking into account
the number of judicial officers, advocates, staff and the
litigants approaching the courts. Toilets in several High
Courts are inadequate with non-functional hand dryers,
handwash, toilet paper, and napkins, etc. Additionally,
the toilets and corridors in most courts are not designed
to accommodate the needs of PwD. For instance, there
are no tactile pavements in corridors or toilets to assist
visually impaired individuals, leaving them without
proper guidance. Similarly, facilities are inadequate or
inaccessible for persons using wheelchairs, creating
significant challenges in navigation and usage. Moreover,
the absence of creche facilities in several courts poses
challenges for single mother advocates who require such
support while attending court proceedings. The issue
of providing sanitary napkins and dispensers remains
unresolved in some High Courts. More importantly, there
is no user- friendly system in place to report complaints
and maintenance issues. Therefore, the shortcomings
and deficiencies pointed out require urgent attention and
immediate steps must necessarily be taken to ensure
sustainable development.
10. In our opinion, toilets / washrooms / restrooms 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 litigants for fear of sitting in courts for long hours
without access to basic amenities should not be forced to refrain from
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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.
10.1. 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 has not entirely fulfilled its constitutional obligation
to provide a safe, dignified, and equal environment for all
those seeking justice.
10.2. 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. Therefore, all
High Courts must take swift and effective action to address
this issue. Immediate steps are needed to ensure that all
judicial premises, especially those lacking proper facilities,
are equipped with accessible washroom facilities for the
judges, litigants, advocates, and staff. It is re-emphasized
that this is not just a matter of convenience, but is about
basic rights and human dignity. Failing to act promptly would
compromise the very purpose and essence of the judiciary’s
role in our society.
11. In view of the above, we hold and issue the following directions, in
the larger public interest:
(i) The High Courts and the State Governments / UTs shall ensure
the construction and availability of separate toilet facilities for
males, females, PwD, and transgender persons in all Court
premises and Tribunals across the Country.
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(ii) The High Courts shall oversee and ensure that these facilities
are clearly identifiable and accessible to Judges, advocates,
litigants, and court staff.
(iii) 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.
(iv) The committee shall formulate a comprehensive plan, carry out
the following tasks, and ensure its implementation.
(a) 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.
(b) conduct a survey regarding the availability of toilet facilities,
lacunae in the infrastructure and maintenance of the same.
demarcate existing washrooms and assess the need to
convert existing washrooms to meet the requirement of
above categories.
(c) provide alternate facilities like mobile toilets, during
construction of new ones, environment friendly toilets (bio-
toilets) across the courts as done in Railways.
(d) Qua women, transgender persons, PwD, provide clear
signage and indications along with functional amenities,
such as, water, electricity, operational flushes, provision of
hand soap, napkins, toilet paper and up to date plumbing
systems. Specifically, for PwD washrooms, ensure the
installation of ramps and that washrooms are designed
to accommodate them.
(e) conduct a study about maintaining architectural integrity
in respect of Heritage Court buildings such as Mumbai,
Calcutta, Chennai, etc. To work with the existing facilities
by using underutilised spaces to build washrooms,
modular solutions to work around the old plumbing
systems, engaging professionals to assess the solutions
to modernise sanitation facilities.
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(f) effectuate a mandatory cleaning schedule and ensure
staffing for maintenance and upkeeping dry bathroom
floors along with sensitising users on clean washroom
practices.
(g) ensure regular maintenance of the toilets by outsourcing
professional agencies on contract basis, by employing
modern cleaning methods and machinery to ensure better
hygiene and usability.
(h) put in place a mechanism that mandates the periodic
inspection of the functionality of these washrooms and
specific compliance reports to be filed to a person in-charge.
(i) frame a complaint / redressal system for speedy reporting
of defective washrooms and instant repair of the same.
(j) ensure that there are working and stocked sanitary
pad dispensers in women, PwD, and transgender
washrooms.
(k) nominate or appoint a person specifically in each premises
of the High Court/District Court/ Civil Court/Tribunal as
nodal officer to monitor the maintenance, address the
complaints and communicate with the presiding officer or
the appropriate committee; such authority should address
the complaints and give standing instructions in writing
regarding maintenance and working of the said toilets;
and the responsibilities should be fixed.
(l) have a transparent and separate monetary fund for the
construction and maintenance of toilets in court complexes.
(m) have child safe washrooms in Family court complexes
with trained staff equipped to provide children with a safe
and hygienic space.
(n) Provide separate rooms (interconnected with the women’s
washroom) to cater to nursing mothers’ or mothers
with infants with feeding stations and changing napkins
available. To consider incorporating breastfeeding facilities
to support nursing mothers, along with dedicated platforms
for changing napkins within toilet areas, similar to the
amenities available in airports.
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(o) High Courts to develop and sustain the quality of
maintenance can create a grading system for the District
Courts and other courts/forums under its supervision,
provide certifications and motivate the appropriate officials
and staff, which can form part of their service records.
(iv) 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.
(v) A status report shall be filed by all the High Courts and the
States/UTs within a period of four months.
12. The Registrar (Judicial) of this Court is directed to circulate a copy
of this Judgment to the Registrar General of all the High Courts, and
also to the Chief Secretaries of all the States / Union Territories, for
strict compliance.
13. With the aforesaid observations and directions, this writ petition stands
disposed of. No costs. Connected Miscellaneous Application(s), if
any, shall stand disposed of.
14. List the matter after four months “for reporting compliance”.

Result of the case: Directions issued.

†
Headnotes prepared by: Divya Pandey