The Supreme Court has directed all High Courts, state governments, and Union Territories to take immediate measures to ensure the availability of separate public toilet facilities for men, women, persons with disabilities (PwDs), and transgender individuals within court premises and tribunals nationwide.

This directive was issued in response to a public interest litigation (PIL) filed by advocate Rajeeb Kalita, who raised concerns about the lack of basic sanitation infrastructure in court complexes.

A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan emphasized that adequate sanitation facilities are fundamental to public health, privacy, and dignity, asserting their essential role in upholding the right to life under Article 21 of the Constitution.

Highlighting the importance of this issue, the Court stated, "Access to public toilets is a fundamental duty of States and Union Territories under the Directive Principles. It is insufficient to merely create such facilities; their proper maintenance throughout the year is equally vital." The bench further remarked that failure to address this issue undermines the welfare commitments of States and Union Territories.

To ensure effective implementation, the Supreme Court mandated the formation of a special committee in each High Court, led by a judge nominated by the Chief Justice. This committee will collaborate with state government representatives and other stakeholders to develop a comprehensive plan for assessing and improving sanitation facilities within the judiciary.

The Court underscored that these facilities must be maintained to high standards of hygiene and accessibility, emphasizing that proper sanitation is not a mere convenience but a basic human right. The bench noted, "Ensuring access to sanitation aligns with the constitutional guarantee of dignity and personal liberty under Article 21."

Particular attention was drawn to the conditions in district courts, especially in rural areas, where judges and court staff often face inadequate sanitation. The Court criticized this as a systemic failure that reflects deeper shortcomings in the justice system’s commitment to fairness, dignity, and fundamental rights.

Additionally, the judgment highlighted the poor state of public toilets along national highways, particularly those near toll plazas, which are often unhygienic and inaccessible. The bench linked proper sanitation to public health and a dignified quality of life, urging immediate attention to these issues.

The ruling calls for a thorough survey of existing toilet facilities and their deficiencies in court infrastructure. It also urged state governments and Union Territories to allocate sufficient resources for constructing, maintaining, and regularly cleaning these facilities. High Courts, state governments, and UTs have been instructed to submit progress reports within four months, detailing the steps taken to address the issue.