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A basic necessity

SC orders construction of toilet facilities in court premises

by Blitz India Media
January 23, 2025
in Legal
law
Blitz Bureau

THE Supreme Court has ordered the construction and availability of separate toilet facilities for males, females, PwD, and transgender persons in all court premises and tribunals across the country.

A Bench of Justices JB Pardiwala and RMahadevan said that “toilets/ washrooms/restrooms are not merely a matter of convenience, but a basic necessity which is a facet of human rights”.

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“Access to proper sanitation is recognised 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 to improve public health,” saidthe Bench.

Access to proper sanitation is recognised as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty”

The apex court was hearing a writ petition in nature of a public interest litigation (PIL) seeking direction to all the states and Union Territories to construct public toilets and public conveniences in all judicial fora, which should be identifiable and accessible by the advocates, litigants, court staff etc. and to provide amenities for persons with disabilities and maintain the same.

In its judgment, the Supreme Court said, “It is the duty of the Government and local authorities to provide basic toilet and sanitation facilities within the ourt premises and ensure that they are constructed, maintained and kept in a hygienic condition for men, women, PwD, and transgender persons.”

“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,” it added.

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