The Supreme Court has highlighted the unhygienic state of washrooms in courts across India, calling it a violation of fundamental rights and human dignity for judges, advocates, litigants, and court staff alike.
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NEW DELHI: In India, where courts are revered as temples of justice, the condition of their basic facilities tells a different story, one of neglect, inequity, and systemic failure.
A status report filed before the Supreme Court of India has exposed an alarming reality: “The continued unhygienic state of washrooms in court complexes across the country constitutes a persistent violation of the fundamental rights and the right to dignity of all users, including judges, advocates, litigants, and staff.”
The report paints a picture; even high courts in metropolitan cities are plagued by broken infrastructure and poor sanitation. The issue, it says, is “not an isolated incident but shows a systemic and administrative failure in allocating funds, enforcing maintenance contracts, and ensuring accountability.”
It adds bluntly:
“The existing infrastructure fails to meet the standards of a modern and inclusive public utility; it directly implicates the failure to ensure public health and sanitation.”
This isn’t just about cleanliness; it’s about the failure of governance in maintaining the dignity of institutions that dispense justice.
Perhaps most distressing is the absence of facilities for Persons with Disabilities (PwDs) across several court complexes. The report notes that
“the absence of facilities for Persons with Disabilities in major high courts and district courts constitutes a violation of their right to equality and non-discrimination, mandated by the Rights of Persons with Disabilities Act.”
It further highlights that
“this lack includes non-compliant construction, absence of ramps, support bars, and appropriate turning for wheelchairs.”
Such conditions do not merely inconvenience; they exclude. They send a message that access to justice is not equally attainable for all.
The report does not stop there. It also points to the failure to provide gender-neutral washrooms for transgender persons, stating that
“the failure of most courts to provide separate and gender-neutral/inclusive washrooms for the third gender disregards the fundamental rights and dignity.”
For women in the legal profession, the neglect is doubly harmful. The report emphasizes that
“the lack of functional crèche/childcare facilities negatively impacts the right to practice a profession for female advocates and staff who are mothers, creating a barrier to gender equality in the legal profession.”
When the spaces meant to deliver justice fail to uphold inclusion and equality, the contradiction becomes impossible to ignore.
The situation is described as “most critical in the subordinate judiciary, reflecting a profound infrastructure inequity.”
The report urges a “micro-level development approach”, calling for
“decentralised implementation, focusing on local needs assessment, specific budget allocation, and community-level oversight to ensure functional water supply, plumbing, and daily cleaning contracts for every single court complex.”
The Supreme Court’s Stand
The matter came before the apex court through a Public Interest Litigation (PIL) filed by lawyer Rajeeb Kalita.
Taking serious note, the Supreme Court of India, on January 15, observed that
“the availability of public toilets is an important duty of the State governments and Union Territories.”
The Court issued a slew of directions to all high courts, state governments, and Union Territories, mandating them to:
“Ensure the availability of separate toilet facilities for males, females, persons with disabilities, and transgender persons in all court premises and tribunals across the country.”
The poor condition of court washrooms, the Supreme Court was told, “affects the working conditions of judicial officers and staff in courts, especially located in rural areas, potentially impacting their health and efficiency, and diminishing the dignity of the institution of justice itself.”
The issue, therefore, goes far beyond sanitation; it touches the core of constitutional values: dignity, equality, and access to justice.
“What is required,” the report concludes, “is not just infrastructure, but accountability, and a recognition that dignity is non-negotiable.”