Today, the Supreme Court heard a petition advocating for the provision of clean and accessible toilets for men, women, persons with disabilities, and transgender individuals at court premises and tribunals nationwide.
A bench consisting of Justices J.B. Pardiwala and Pankaj Mithal, while hearing a Public Interest Litigation, inquired whether there is any data on whether female judicial officers have access to private washrooms in High Courts.
This query arose after AoR Charu Ambwani, counsel for the petitioner, informed the court that, in compliance with a previous order, all 25 High Courts across the country had submitted affidavits regarding the availability of toilets on their premises.
The affidavits indicate that there are sufficient sanitized toilets available.
The Court asked Additional Solicitor General Aishwarya Bhati, representing the Union, whether all female judicial officers have access to private washrooms in the High Courts where they are posted. Bhati responded that this issue was not addressed in the affidavit, and therefore, there was no data available on it.
In reply, Justice Pardiwala remarked, "Unfortunately, no [it has not been ensured that all female officers have access to private washrooms]."
He said: "The Court in which she is posted, she has no private washroom of hers. She has to request learned Civil Judge to allow her to use his washroom. This is something which needs immediate attention."
The Court further suggested that this issue should be addressed in the future. In response, the counsel highlighted that the affidavits filed in accordance with the May 8, 2023, order mentioned that, in the case of Gujarat, toilets for female judicial officers are attached to the chambers of the Judges.
It was stated that the affidavits would encompass both the establishments of the High Court and the entire district judiciary in the respective States/Union Territories.
Case Details: RAJEEB KALITA v UNION OF INDIA AND ORS.W.P.(C) No. 538/2023
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