It is most reassuring to see that in a very progressive and affirmative step in the right direction, we see that none other than the Supreme Court itself in a most learned, laudable, landmark, logical and latest judgment titled Rajeeb Kalita vs Union of India & Ors in Writ Petition (C) No. 538 of 2023 and cited in Neutral Citation No.: 2025 INSC 75 in the exercise of its civil original jurisdiction that was pronounced as recently as on January 15, 2025 has passed a slew of most commendable directions to all the High Courts, States and Union Territories to construct proper toilets with proper facilities in all court premises across the nation. To put it differently, we observe that the top court has directed that all State Governments and High Courts across the country should ensure strictly that separate toilet facilities are provided for men, women, persons with disability and transgender persons in all courts and tribunals. It thus merits no reiteration that this must be most strictly implemented as has been directed by the Apex Court in this leading case.
While striking the right chord, the Apex Court Bench comprising of Hon'ble Mr Justice JB Pardiwala and Hon'ble Mr Justice R Mahadevan held unequivocally that toilets/washrooms/restrooms are not merely a matter of convenience but a basic necessity which is a facet of human rights. It must be disclosed here that this most crucial matter will be heard by the Court again after four months to ascertain compliance with its directions. The writ petition is filed by Rajeeb Kalita in 2023 who is a practicing Advocate enrolled with the Bar Council of Assam and practicing in the Courts in Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim seeking basic toilet facilities are made available in all courts/ tribunals in the country for men, women, persons with disabilities, and transgenders.
It must be noted that reliance was placed by the top court in this learned judgment on a plethora of landmark judgments including the National Legal Services Authority v. Union of India (2014) 5 SCC 438, wherein the Apex Court had, inter alia, directed the Centre and State Governments to provide transgender persons separate public toilets and other facilities. The Apex Court Bench which had reserved its judgment in November 2024 has expressed its deep disappointment at the unpalatable fact that even lady judicial officers were not having private washrooms in many courts. Nothing on earth can be more disappointing than this because it is lady lawyers, lady judicial officers among others who have to suffer the maximum inconvenience as they cannot urinate anywhere unlike men!
International Laws
While discussing the relevant provisions of different international organizations on health, let us discuss some of the most relevant as stated in para 8 and they are as follows:-
8.7. Universal Declaration of Human Rights, 1948
Article 25. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
8.8. International Covenant on Economic, Social and Cultural Rights, 1966
Article 12.
1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and Mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:
(a)….
(b)The improvement of all aspects of environmental and industrial hygiene;
….
8.9. United Nations General Assembly Resolution No.A/RES/64/292 dated 3rd August, 2010 states that the right to safe and clean drinking water and sanitation is a human right that is essential for the full enjoyment of life and all human rights.
8.10. Further, in its report on the Right to Sanitation, 2010, the United Nations Committee on Economic, Social and Cultural Rights (ESCR) reaffirms that since sanitation is fundamental for human survival and for leading a life with dignity. It further emphasizes that the right to sanitation is an essential component of the right to an adequate standard of living as enshrined in Article 11 of the International Covenant on Economic, Social and Cultural Rights. The right to sanitation is also integrally related to other Covenant rights including the right to housing and right to water (Article 11) and the right to health (Article 12 paragraphs 1 and 2 (a), (b) and (c)), as recognized in the Committee's General Comment No.15. However, it is significant to note that sanitation has distinct features which warrant its separate treatment from water in some respects. Although much of the world relies on waterborne sanitation, increasingly sanitation solutions which do not use water are being promoted and encouraged.
8.11. Human Rights Council Resolution No. A/HRC/15/L.14 dated 24.09.2010, affirms and reaffirms as under: -
Affirms that the human right to safe drinking water and sanitation is derived from the right to an adequate standard of living and inextricably related to the right to the highest attainable standard of physical and mental health, as well as the right to life and human dignity.
- Reaffirms that States have the primary responsibility to ensure the full realization of all human rights, and that the delegation of the delivery of safe drinking water and/or sanitation services to a third party does not exempt the State from its human rights obligations."
Global Overview
While shedding light on the health and sanitation facilities in different countries, the Bench then points out in para 8 that, "8.18. The National Environment Agency (NEA) is Singapore's primary authority responsible for maintaining a clean environment. A key focus of its public health initiatives is the promotion of clean and well-maintained public restrooms. NEA offers public toilet owners' clear guidelines and regulations to ensure proper upkeep. Singapore also has the Restroom Association of Singapore (RAS), which released a guidebook titled A Guide to Better Public Toilet Design and Maintenance. This guide provides comprehensive instructions on designing and maintaining public restrooms to meet community standards. With NEA's support, RAS introduced the Happy Toilet Programme on July 1, 2003, encouraging restroom owners and operators to uphold cleanliness, safety, and accessibility. The guidebook emphasizes thoughtful design considerations, addressing aspects like safety, vandalism prevention, accessibility for individuals with disabilities, and overall hygiene. It includes detailed visual graphics specifying design standards.
8.19. The United Kingdom emphasizes accessible and well-maintained public toilets as a key aspect of public service. Cities like London provide detailed information on public restroom facilities, including types, locations, charges, and amenities like baby care facilities, through their official websites. Feedback channels, such as phone numbers and email addresses, are also available for public input. The British Toilet Association (BTA) established in 1999, campaigns for better restroom standards and promotes public toilets as part of the UK's tourism appeal, with facilities highlighted on Visit Britain's website. Additionally, the House of Commons addressed restroom provisions in a 2007- 2008 report, and the Communities and Local Government department published a guide titled Improving Public Access to Better Quality Toilets.
8.20. Australia prioritizes accessibility and convenience in its public restroom infrastructure. The government launched the National Toilet Map, which provides details on over 16,000 publicly accessible toilets across the country. Initially designed to assist individuals with incontinence, the map also benefits tourists and other groups. It includes key information such as disability access and operating hours.
8.21. Germany's "Toilet for All"initiative, also known as the "Changing Places" program, aims to ensure accessibility and dignity for people with severe disabilities. These facilities go beyond standard wheel chair-accessible restrooms by incorporating features like height-adjustable changing benches, ceiling hoists, and extra space for caregivers. The initiative supported by organizations like the German Toilet Organization and local governments, strives to increase the availability of these specialized restrooms in public spaces. It aligns with efforts to create a more inclusive society where everyone, regardless of ability, can navigate public environments comfortably.
8.22. Canada's "Pop-Up Winnipeg Public Toilet" initiative is a benchmark in creating inclusive and accessible public restroom facilities. This pilot project combined community service, innovative design, and social equity. The initiative featured portable restrooms placed strategically in high-need downtown areas, requiring minimal connection to city infrastructure. It focuses on human-centered service and youth from marginalized backgrounds were employed as "Watch Ambassadors," offering maintenance and oversight while gaining employment experience and dignity
8.23. In Japan, through initiatives by companies like LIXIL, developed all-gender universal toilets that accommodate diverse needs, including those of people with disabilities, the elderly, and individuals with dementia. LIXIL's approach emphasizes "choosing the cubicle that best suits you" while integrating features such as accessible design, caregiver accommodations, and innovative technologies. It is also pertinent to mention here that the Japan is the country with most active elderly works in the world and yet, it is one of the cleanest countries in the world."
It is worth noting that the Bench notes in para 8.24 that, "Thus, the entire analysis makes it abundantly clear that public health is of paramount importance and clean public toilets contribute to the health and overall well-being of the society. Also, the right to safe and clean drinking water and sanitation is essential for the full enjoyment of life and all human rights. It is settled law that the right to life encompasses within it the right to healthy and hygienic life and the right to live with dignity. Creation of adequate public toilets also protects the privacy and removes the threat to ladies and transgender persons. Availability of access to public toilet is an important duty of the States/UTs under the Directive Principles and it is just not enough if such provisions are made but steps are to be taken to ensure that the toilets are maintained throughout the year. Without such access to the three genders, the States/UTs can no longer claim to be welfare State. We may hasten add here that though public toilets are built near every toll plaza in the National Highways across the country, we seldom find them to be maintained and accessible. The need for toilets/washrooms/restrooms is even more acute for judges/advocates/litigants/ staff members working in large number in the Courts and Tribunals as they are mostly struck in one place for longer periods because of the demands of the job and the system in the function of the courts/Tribunals. Therefore, it is the duty of the Government and local authorities to provide basic toilet and sanitation facilities within the Court premises and ensure that they are constructed, maintained and kept in a hygienic condition for men, women, PwD, and transgender persons."
Do note, the Bench notes in para 9.2 that, "It could be discernible from the responses received that various High Courts have not provided toilets for transgenders with only a few exceptions. There is no concrete statistical data regarding the availability of toilets for differently abled persons and separate toilets for lady judicial officers in their chambers situated within the Court premises. Furthermore, there is a lack of transparency concerning the availability of funds and the timeline for construction of toilet facilities."
Most remarkably, the Bench enunciates in para 10 propounding that, "In our opinion, toilets/washrooms/restrooms are not merely a matter of convenience, but a basic necessity which is a facet of human rights. Access to proper sanitation is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. This right inherently includes ensuring a safe and hygienic environment for all individuals. There is a discernible duty on every State/UT under Part IV of the Constitution to ensure a healthy environment and to continuously strive of improving the public health. Access to justice includes the creation of a pleasant and humanly atmosphere for all the stake holders in the dispensation of justice. The litigants for fear of sitting in courts for long hours without access to basic amenities should not be forced to refrain from exercising their legal rights. Therefore, High Court premises must be equipped with proper washroom facilities for judges, advocates, litigants and staff members, just as required in other public places. Additionally, it is equally essential to ensure that these facilities are adequately provided, maintained and accessible to everyone, sans discomfort or inconvenience."
Most lamentably, the Bench points out in para 10.1 that, "As regards the District Courts, we must also point out our deep concerns that there are instances where even judges, particularly, in rural areas, still lack access to proper washroom facilities. This not only violates the rights of those directly affected but also tarnishes the reputation of the judicial system, which should serve as a model of fairness, dignity, and justice. The failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system. The sorry state of affairs indicates the harsh reality that the judicial system has not entirely fulfilled its constitutional obligation to provide a safe, dignified, and equal environment for all those seeking justice."
Most forthrightly, the Bench enjoins in para 10.2 that, "Courts should not be places, where basic needs, such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice. Therefore, all High Courts must take swift and effective action to address this issue. Immediate steps are needed to ensure that all judicial premises, especially those lacking proper facilities, are equipped with accessible washroom facilities for the judges, litigants, advocates, and staff. It is re-emphasized that this is not just a matter of convenience, but is about basic rights and human dignity. Failing to act promptly would compromise the very purpose and essence of the judiciary's role in our society."
Most significantly, we must note that it is encapsulated in para 11 what constitutes the cornerstone and lifeline of this notable judgment postulating that, "In view of the above, we hold and issue the following directions, in the larger public interest:
(i) The High Courts and the State Governments / UTs shall ensure the construction and availability of separate toilet facilities for males, females, PwD, and transgender persons in all Court premises and Tribunals across the Country.
(ii) The High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to Judges, advocates, litigants, and court staff.
(iii) For the aforesaid purpose, a committee shall be constituted in each of the High Courts under the chairmanship of a Judge nominated by the Chief Justice and members comprising the Registrar General/Registrar of the High Court, the Chief Secretary, the PWD Secretary and the Finance Secretary of the State, a representative of the Bar Association and any other officers as they deem it fit, within a period of six weeks.
(iv) The committee shall formulate a comprehensive plan, carry out the following tasks, and ensure its implementation.
(a) have a statistic of number of persons visiting the courts every day on an average and ensure that sufficient separate washrooms are built and maintained.
(b) conduct a survey regarding the availability of toilet facilities, lacunae in the infrastructure and maintenance of the same. demarcate existing washrooms and assess the need to convert existing washrooms to meet the requirement of above categories.
(c) provide alternate facilities like mobile toilets, during construction of new ones, environment friendly toilets (bio-toilets) across the courts as done in Railways.
(d) Qua women, transgender persons, PwD, provide clear signage and indications along with functional amenities, such as, water, electricity, operational flushes, provision of hand soap, napkins, toilet paper and up to date plumbing systems. Specifically, for PwD washrooms, ensure the installation of ramps and that washrooms are designed to accommodate them.
(e) conduct a study about maintaining architectural integrity in respect of Heritage Court buildings such as Mumbai, Calcutta, Chennai, etc. To work with the existing facilities by using underutilised spaces to build washrooms, modular solutions to work around the old plumbing systems, engaging professionals to assess the solutions to modernise sanitation facilities.
(f) effectuate a mandatory cleaning schedule and ensure staffing for maintenance and upkeeping dry bathroom floors along with sensitising users on clean washroom practices.
(g) ensure regular maintenance of the toilets by outsourcing professional agencies on contract basis, by employing modern cleaning methods and machinery to ensure better hygiene and usability.
(h) put in place a mechanism that mandates the periodic inspection of the functionality of these washrooms and specific compliance reports to be filed to a person in-charge.
(i) frame a complaint/redressal system for speedy reporting of defective washrooms and instant repair of the same.
(j) ensure that there are working and stocked sanitary pad dispensers in women, PwD, and transgender washrooms.
(k) nominate or appoint a person specifically in each premises of the High Court/District Court/Civil Court/Tribunal as nodal officer to monitor the maintenance, address the complaints and communicate with the presiding officer or the appropriate committee; such authority should address the complaints and give standing instructions in writing regarding maintenance and working of the said toilets; and the responsibilities should be fixed.
(l) have a transparent and separate monetary fund for the construction and maintenance of toilets in court complexes.
(m) have child safe washrooms in Family court complexes with trained staff equipped to provide children with a safe and hygienic space.
(n) Provide separate rooms (interconnected with the women's washroom) to cater to nursing mothers' or mothers with infants with feeding stations and changing napkins available. To consider incorporating breastfeeding facilities to support nursing mothers, along with dedicated platforms for changing napkins within toilet areas, similar to the amenities available in airports.
(o) High Courts to develop and sustain the quality of maintenance can create a grading system for the District Courts and other courts/forums under its supervision, provide certifications and motivate the appropriate officials and staff, which can form part of their service records.
(iv) The State Governments/UTs shall allocate sufficient funds for construction, maintenance and cleanliness of the toilet facilities within the court premises, which shall be periodically reviewed in consultation with the committee constituted by the High Courts.
(v) A status report shall be filed by all the High Courts and the States/UTs within a period of four months."
In a nutshell, it is high time and what all the Apex Court has directed in this leading case needs to be definitely implemented most strictly within the stipulated time period as directed in this leading case. It brooks no more delay any longer now! The earlier it is done, the better it shall be! No denying it!
