SC Gives HCs Eight Weeks To File Toilet Facility Compliance reports

A bench of Justices J.B. Pardiwala and R. Mahadevan stated: “Many High Courts are yet to file their affidavits/compliance reports. We grant them a final opportunity to file the status reports within eight weeks. We make it clear that if they fail to comply, the Registrar General of the defaulting High Courts must appear personally in this court.”

On January 15, the apex court ruled that access to proper sanitation is a fundamental right under Article 21 of the Constitution. It directed all High Courts, state governments, and Union Territories to ensure separate toilet facilities for men, women, persons with disabilities, and transgender persons in every court and tribunal. The court had also required a status report within four months.

On Wednesday, the bench observed that only the High Courts of Jharkhand, Madhya Pradesh, Calcutta, Delhi, and Patna had submitted affidavits detailing the steps taken to implement the judgment. There are 25 High Courts in the country.

In its January ruling, the Supreme Court instructed each high court to constitute a committee, chaired by a judge nominated by the Chief Justice, with members including the Registrar General, the Chief Secretary, the PWD Secretary, the finance secretary, a Bar Association representative, and any other officers deemed necessary. This committee must formulate a comprehensive plan, record average daily court attendance, and ensure sufficient, clearly identifiable, and accessible washrooms for judges, advocates, litigants, and court staff.

The court further directed that state governments and Union Territories allocate adequate funds for the construction, maintenance, and cleanliness of these facilities, to be periodically reviewed with the High court committees.