‘Toilets are a human right’: SC orders courts nationwide to build separate washrooms for transgender

Linking proper washroom facilities with access to justice, the bench of Justices J B Pardiwala and M Mahadevan gave each High Court six weeks to set up a committee that would formulate a comprehensive plan and ensure its implementation.

The panel shall be chaired by a judge nominated by the High Court Chief Justice and comprise the following members: the Registrar General/Registrar of the High Court; the respective state’s Chief Secretary, PWD Secretary and Finance Secretary; a representative of the Bar Association; and other officers as deemed fit.

The top court asked state governments and Union Territories to allocate sufficient funds for the construction, maintenance and cleanliness of the facilities. These shall be periodically reviewed in consultation with the HC committee.

The Supreme Court also sought a status report from the High Courts within four months.

Writing for the bench, Justice Mahadevan said: “Creation of adequate public toilets also protects privacy and removes the threat to ladies and transgender persons.”

The court added: “Availability of access to public toilets 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 a welfare State.”

The court, which considered reports submitted by High Courts, said the conditions in many courts are poor — old, unusable toilets, insufficient water, unlocked doors and broken taps, among other issues.

“District courts are in the worst and most deplorable conditions, failing to meet even basic hygiene standards,” it said.

The court added: “Access to justice includes the creation of a pleasant and humanly 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.”