The Supreme Court of India has issued a directive to address the shortage of adequate washroom facilities in courts across the country. On Friday, a bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana emphasized the necessity of providing basic sanitation amenities in High Courts, district courts, and taluka courts. The directive followed a plea from a group of women lawyers who highlighted the dire lack of ladies’ bar rooms and other essential facilities in various courts.
During the proceedings of Sarika Tyagi v. Union of India, the Court made it unequivocally clear that financial constraints cannot serve as a justification for failing to provide such fundamental necessities. The Bench even suggested that governments could consider imposing an additional excise tax on liquor or cigarettes to secure the required funds. “Please see the shabby condition of working for women lawyers. All Advocate Generals must obtain the factual position on the ground and take steps. Saying there are no funds is not enough as it goes against a basic human right. Impose extra excise tax on liquor or cigarettes and we will uphold it,” the Bench asserted.
The Supreme Court has mandated all Advocate Generals from the States and Union Territories to carry out a fact-finding exercise regarding the availability of washroom facilities for women members of the Bar within a two-week period. Following this, they are to submit proposals to their respective State administrations to ensure that water and sanitation amenities are made available.
Furthermore, the Court instructed the Public Works Departments (PWDs) in each State and Union Territory to initiate construction projects, if necessary, within four weeks of receiving the Advocate Generals’ findings. To ensure accountability, all States and Union Territories have been ordered to file a status report within six weeks, with the Court stressing that any deviation from these timelines will not be tolerated.
Senior Counsel Monika Gusain brought attention to the plight of women in several taluka courts in Karnataka and other regions lacking separate washrooms. In response, CJI Kant remarked, “Imagine the poor and shabby conditions for our daughters and elders. How are they working?” He urged the Karnataka Advocate General to promptly obtain a report on the state of washroom facilities in all taluka courts and to direct the PWD to commence construction with a special allocation.
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In addition, Attorney General R Venkataramani informed the Court of his plans to organize a meeting involving all Advocate Generals and standing counsel representing the States and Union Territories. This meeting aims to assess the availability of washroom facilities and address potential funding issues. The Court welcomed this proposal and requested the meeting to be convened without delay.
