The Supreme Court’s recent directive to State Governments, Union Territories, and High Courts mandating the provision of separate and accessible toilet facilities for males, females, persons with disabilities, and transgender persons across all court premises and tribunals is a landmark step toward ensuring dignity and inclusivity in public spaces. By emphasising the intersection of sanitation, privacy, and human rights, the apex court has reinforced the foundational values enshrined in the Indian Constitution. Public toilets, often an overlooked facet of public infrastructure, are an indispensable part of ensuring a dignified and hygienic environment for all individuals. The Supreme Court’s observation that the “right to life encompasses within it the right to healthy and hygienic life and the right to live with dignity” underscores the critical role sanitation plays in fulfilling the fundamental rights guaranteed under Article 21. The directive principles of state policy also highlight the responsibility of the state to provide for the well-being of its citizens, making this judgement a necessary reminder of the Government’s obligation to uphold public health and safety.
The lack of adequate toilet facilities in court premises is a long-standing issue that disproportionately affects women, transgender persons, and persons with disabilities. The absence of proper sanitation not only endangers their health but also compromises their privacy and dignity. By addressing these gaps, the Supreme Court’s directive seeks to dismantle systemic barriers and promote equitable access to basic amenities. The court’s recommendation to establish committees under the chairmanship of High Court judges demonstrates a structured approach to resolving this issue. These committees, which will include representatives from the judiciary, executive, and bar associations, are tasked with formulating comprehensive plans and conducting surveys to assess the existing infrastructure. This collaborative model ensures accountability while fostering a spirit of collective responsibility. By incorporating voices from diverse stakeholders, including the legal fraternity and Government officials, the initiative aims to create sustainable and practical solutions tailored to the unique needs of each court complex.
One of the key aspects of this directive is the mandate to collect data on the average number of visitors to court premises daily. This data-driven approach will enable authorities to plan for adequate facilities that cater to the needs of judges, advocates, litigants, and staff members. Additionally, the emphasis on maintenance and cleanliness is a crucial step in addressing the common issue of poorly maintained public toilets, which often render them unusable. The court’s observation on the state of public toilets near toll plazas on national highways reflects a broader issue of neglect in sanitation infrastructure. Despite significant investments in Swachh Bharat Abhiyan and other sanitation programs, the maintenance and accessibility of public toilets remain inconsistent. This judgement calls for a paradigm shift from merely constructing toilets to ensuring their usability and upkeep throughout the year. It is not enough to allocate funds for infrastructure; there must be a sustained commitment to hygiene and functionality.
For transgender individuals, who often face discrimination and lack safe access to public spaces, the provision of dedicated facilities is a step toward affirming their identity and dignity. Similarly, for PwDs, accessible toilets equipped with necessary aids are essential to ensure their participation in public life without barriers. By mandating separate and accessible facilities, the Supreme Court has acknowledged the diverse needs of all individuals and reaffirmed the principle of equality.
While the judgement focuses on court premises, it raises broader questions about the availability and quality of public sanitation facilities across India. The directive should serve as a wake-up call for Governments and local authorities to prioritise sanitation infrastructure in public spaces such as schools, hospitals, markets, and transportation hubs.
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