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J. B. PARDIWALA, R. MAHADEVAN
Rajeeb Kalita – Appellant
Versus
Union of India – Respondent
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:
(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, Mi
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.
The right to clean and safe public toilets for women is essential for dignity and health, recognized under Article 21 of the Constitution.
Article 39A of Constitution of India provides for equal justice and free legal aid.
Prisoners hold fundamental rights to hygiene and sanitation, requiring state reforms for adequate treatment and facilities in line with modern legal standards.
The court affirmed that toilet facilities in retail outlets may be designated for public use but discretion lies with the operator to ensure safety and manage access appropriately.
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