The Supreme Court has directed a nationwide, time-bound fact-finding exercise on the availability of washroom facilities in High Courts, district courts and taluka courts, while issuing strict timelines to States and Union Territories to ensure the provision of basic sanitation infrastructure.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana observed on Friday that the lack of basic sanitation facilities violated fundamental human dignity and made it clear that governments could not cite financial constraints to avoid their constitutional obligations.
The directions came in Sarika Tyagi vs Union of India, a petition filed by a group of women advocates highlighting the absence of ladies’ bar rooms, separate washrooms and other essential facilities in courts across the country. Rejecting the plea of inadequate resources, the Bench remarked that States could generate funds by levying an additional excise duty on liquor or cigarettes if necessary.
The Court criticised the substandard working environment provided to female legal practitioners, ruling that financial deficits cannot circumvent core human rights obligations. The Bench instructed all Advocate Generals to ascertain the factual infrastructure gaps and implement remedies, noting that it would legally validate any additional excise duties imposed on tobacco or alcohol intended to finance these essential projects.
The Court directed all Advocate Generals to conduct a factual assessment of the availability of washrooms for women members of the Bar in courts across their respective states within two weeks. Based on the findings, they have been asked to submit proposals to their state governments to ensure adequate water and sanitation facilities are provided.
Further, the Public Works Departments (PWDs) of all States and Union Territories have been directed to commence construction wherever required within four weeks of receiving the Advocate Generals’ reports. The Court also ordered every State and Union Territory to file a compliance status report within six weeks, cautioning that no deviation from the prescribed timelines would be tolerated.
Senior Advocate Monika Gusain informed the Court that several taluka courts in Karnataka and other parts of the country continue to function without separate washrooms for women. Expressing deep concern over the inadequate facilities, Chief Justice Kant questioned how female legal professionals could be expected to work under such deplorable and substandard conditions.
The Supreme Court directed the Karnataka Advocate General to immediately assess washroom access in taluka courts and ordered the PWD to start construction via a special fund allocation. Challenging the state to lead the way, Chief Justice Kant remarked, “Become an example now.”
Attorney General R Venkataramani informed the Court that he intended to convene a meeting of all Advocate Generals and standing counsel representing the States and Union Territories to assess the existing infrastructure and deliberate on funding mechanisms. The Court welcomed the proposal and requested that the meeting be held at the earliest.
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