Today, On 16th July, The Supreme Court criticised several High Courts for not submitting compliance reports on providing toilet facilities in courts and tribunals. It warned that registrar generals may be summoned if reports are not filed within eight weeks.
The Supreme Court expressed its concern over 20 high courts failing to submit compliance reports following its ruling on providing toilet facilities in all courts and tribunals across the country.
The Court granted these high courts an eight-week deadline to fulfill this requirement, labeling it as the final opportunity.
Justices J B Pardiwala and R Mahadevan emphasized that failure to comply within this timeframe would lead to consequences.
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In its January 15 ruling, the Court recognized access to proper sanitation as a fundamental right under Article 21 of the Constitution. It issued several directives, instructing high courts, state governments, and union territories to ensure separate toilet facilities for men, women, persons with disabilities, and transgender individuals in all court premises and tribunals.
A status report was also requested within four months.
During Wednesday’s proceedings, the bench noted that only the high courts of Jharkhand, Madhya Pradesh, Calcutta, Delhi, and Patna had submitted affidavits detailing their compliance efforts.
With 25 high courts in the country, the bench remarked,
“Many high courts are yet to file their affidavits/compliance report…we grant them the last opportunity to file the compliance reports within eight weeks. We make it clear that if they fail to file the status reports then the registrar general of the high courts will remain present personally in the court.”
The January 15 judgment stated that the high courts should supervise and ensure that the facilities are easily identifiable and accessible to judges, advocates, litigants, and court staff.
“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…”
The Court directed the committee to develop a comprehensive plan, including average daily visitor numbers to the courts, and to ensure the construction and maintenance of adequate separate washrooms.
The bench stated,
“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. A status report shall be filed by all the High Courts and the States/UTs within a period of four months,”
This judgment stemmed from a PIL filed by advocate Rajeeb Kalita.