Case Note & Summary
The petitioner, a practicing advocate, filed a public interest litigation under Article 32 of the Constitution seeking directions to all States and Union Territories to ensure basic toilet facilities in all courts and tribunals for men, women, transgender persons, and persons with disabilities. The petitioner argued that the right to life under Article 21 includes the right to live with dignity, which requires access to sanitation. The Supreme Court examined constitutional provisions (Articles 21, 47, 48A), the Transgender Persons (Protection of Rights) Act, 2019 and Rules, 2020, the Harmonised Guidelines for Universal Accessibility, and reports on judicial infrastructure. The Court noted that many court complexes lack adequate and hygienic toilets, especially for women and transgender persons. The Court directed all High Courts to file affidavits detailing the availability and maintenance of toilets, separate facilities for different user groups, and provision of sanitary napkin dispensers. The Court held that the right to sanitation is a fundamental right under Article 21 and that the State must provide and maintain clean, accessible toilets in all court premises. The Court also emphasized non-discrimination against transgender persons and accessibility for persons with disabilities. The matter was listed for further hearing to review compliance.
Headnote
A) Constitutional Law - Right to Life - Right to Sanitation - Article 21, Article 47, Article 48A of the Constitution of India - The Supreme Court held that the right to live with dignity under Article 21 includes access to clean and hygienic toilet facilities. The State is duty-bound under Articles 47 and 48A to improve public health and protect the environment, which encompasses sanitation in court premises. (Paras 8-10) B) Transgender Rights - Non-Discrimination - Access to Facilities - Section 3 of the Transgender Persons (Protection of Rights) Act, 2019 and Rule 10 of the Transgender Persons (Protection of Rights) Rules, 2020 - The Court emphasized that discrimination against transgender persons in access to public facilities, including toilets, is prohibited. Separate washrooms for transgender persons must be provided in court premises. (Paras 8.2-8.3) C) Accessibility - Persons with Disabilities - Universal Design - Harmonised Guidelines & Standards for Universal Accessibility in India, 2021 - The Court noted that public toilets must be accessible to persons with disabilities, including grab bars, accessible WCs, and unisex accessible toilet rooms. (Para 8.4) D) Judicial Infrastructure - Sanitation - Duty of High Courts - The Supreme Court directed all High Courts to file affidavits on availability and maintenance of toilets for men, women, transgenders, and persons with disabilities, and to ensure separate facilities for litigants, lawyers, and judicial officers. (Paras 7-7.1)
Issue of Consideration
Whether the right to life under Article 21 of the Constitution of India includes the right to access basic toilet facilities in court premises, and whether the State is obligated to provide and maintain such facilities for all genders including transgender persons and persons with disabilities.
Final Decision
The Supreme Court directed all High Courts to file tabular statements on affidavit regarding availability and maintenance of toilets for men, women, transgenders, separate facilities for litigants, lawyers, and judicial officers, and provision of sanitary napkin dispensers. The Court held that the right to sanitation is a fundamental right under Article 21 and the State must ensure clean and hygienic toilets in all court premises. The matter was listed for further hearing.
Law Points
- Right to life includes right to sanitation
- State duty to provide public toilets
- Non-discrimination against transgender persons
- Accessibility for persons with disabilities
