Access to proper sanitation is a fundamental right under Article 21, requiring the State to provide and maintain adequate toilet facilities in judicial premises for all genders.

JUDGMENT

R. MAHADEVAN, J.

1. Heard the learned counsel appearing for the parties and perused the materials placed before us.

2. This writ petition styled as “Public Interest Litigation” has been filed under Article 32 of the Constitution of India for the following reliefs:

(i) To issue a Writ of Mandamus directing all the States and Union Territories to ensure that basic toilet facilities are made available in all Courts/Tribunals in the Country for men, women and handicapped persons including transgenders, and to provide and maintain urinals and similar conveniences at appropriate locations in every Court premises as envisaged under Article 21 of the Constitution of India; and

(ii) To issue a Writ of Mandamus directing all the States and Union Territories to construct public toilets and public conveniences in all the Courts/ Tribunals and the same should be identifiable and accessible by the advocates/ litigants/ court staff etc. for men and women (including transgender persons) and to provide amenities for persons with disabilities and maintain the same.

3. The Petitioner is a practicing Advocate enrolled with the Bar Council of Assam and practicing in the Courts in Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim. He has stated that the scope of the fundamental right under Article 21 of the Constitution of India includes the right to live with dignity and all the necessities of life, such as, adequate nutrition, clothing, health, etc., and no human being can live with dignity unless there are facilities to maintain basic hygiene.

4. It is also averred in the writ petition that the Constitution of India imposes a duty on the State to improve public health, raise the standard of living, and increase the level of nutrition, which is outlined in Article 47 under the Directive Principles of State Policy. Sanitation is also a part of Article 48A of the Constitution that mandates the State to protect and improve the environment.

5. Adding further, the petitioner stated that the Government of India, Ministry of Urban Development has initiated the ‘Swachh Bharat Mission (SBM)’, which has set out certain guidelines, amongst others, for the purpose of construction of public toilets in general. That apart, the World Health Organization (WHO) of which, India is a member, considers the health of human beings as the most basic and essential asset, regardless of age, gender, socio-economic/ethnic background.

6. That apart, the petitioner also pointed out the international policies framed with respect to construction of public toilets for men, women and handicapped persons including transgenders, and maintenance of hygienic condition. To substantiate the averments made in the writ petition, the petitioner placed reliance on a catena of decisions rendered by this Court as well as by other High Courts.

6.1. Ultimately, the petitioner submitted that it is just and necessary that clean and hygienic toilets are to be provided not only in the places, such as, markets, train stations, tourist places, near office complexes, or other public areas where there are considerable number of people passing by, but also in the Court complex/ premises, where advocates/litigants/ staff members are working in a large number, otherwise, the right conferred by Article 21 cannot be meaningful. Thus, this writ petition by the petitioner is before us.

7. This Court by order dated 08.05.2023 ¹ [1 1.On the request of the counsel appearing on behalf of the petitioner, we grant permission to implead the High Courts as party respondents to these proceedings.

2. Notice shall issue to all the High Courts through their Registrars General.

3. The High Courts shall file tabular statements on affidavit before the next date of listing indicating all relevant details pertaining to:

(a) Availability of toilets for men, women and transgenders;

(b) Steps taken for maintenance of toilets;

(c) Whether separate toilet facilities are made available to litigants, lawyers and judicial officers; a