New Delhi
The Supreme Court has passed an important order regarding construction of toilet facilities for women, specially abled persons and transgender persons in court complexes and tribunals across the country. The bench of Justice JB Pardiwala and Justice R Mahadevan has given this decision.
toilet for women
The Supreme Court has directed state governments and union territories to allocate adequate funds for construction, maintenance and cleanliness of toilets. A committee will be constituted by the High Courts to review these facilities from time to time. The court has directed all state governments, union territories and high courts to file their status reports in the matter within a period of four months.
If not followed…
Justice Pardiwala verbally warned that if these instructions were not followed, contempt of court action would be taken. In November 2024, when this case was pending and the decision was given after hearing. The apex court has expressed dissatisfaction over the fact that private toilets are not available even for women judicial officers in many courts. Separate toilet facilities should be provided for women, lawyers, and judicial officers.
The court said that facilities of sanitary napkin dispensers should also be provided in women’s toilets. Special attention should be paid to the maintenance of these facilities. The court said that a copy of the judgment be sent to the Chief Secretaries of all States/Union Territories and Registrars General of High Courts to ensure strict compliance.
A bench of Justices JB Pardiwala and R Mahadevan delivered the verdict on a writ petition filed by Rajib Kalita in 2023.
Justice Mahadevan read the effective portion of the judgment,
“We have given adequate number of instructions for construction and maintenance of toilets and all other facilities for women, disabled persons, transgender persons etc. The State Governments and Union Territories shall allocate adequate funds for construction, maintenance and cleaning of toilet facilities within the Court premises, which shall be reviewed from time to time in consultation with a committee constituted by the High Courts. A status report will be filed by all states, union territories and high courts within a period of four months.”
A copy of the judgment has been directed to be sent to the Chief Secretaries of all States/UTs and Registrar Generals of High Courts for strict compliance. After the judgment was delivered, Justice Pardiwala orally remarked that in case of any omission, contempt action would be taken.
While reserving judgment for November 2024, the bench had expressed disappointment over the fact that even women judicial officers in many courts do not have private toilets. In this petition, the Supreme Court through its order dated May 8, 2023 sought the following directions from the High Courts,
(b) Steps taken for maintenance of latrines;
(C) Whether separate toilet facilities have been provided for litigants, lawyers and judicial officers; And
(D) Whether adequate facility of sanitary napkin dispenser has been provided in women toilets.
