SC Issues Directives on Separate Toilets for Trans Persons in Courts

The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice, the Supreme Court held on Wednesday, directing all high courts, state governments and Union territories to ensure the availability of adequate and inclusive washroom facilities across all court premises and tribunals in India.

- Utkarsh Anand

NEW DELHI:

For the first time, the top court also issued categorical directions to provide separate toilet facilities for transgender persons—a landmark move ten years after its pivotal NALSA judgment granted legal recognition to the transgender community. Delivering the judgment, a bench of Justices JB Pardiwala and R Mahadevan declared that access to sanitation is not a mere convenience but a human right and intrinsically linked to the constitutional right of access to justice.

"Public health is of paramount importance, and clean public toilets contribute to the health and overall well-being of society," said the court, adding that, "the right to safe and clean drinking water and sanitation is essential for the full enjoyment of life and all human rights."

The judgment arose from a public interest litigation filed in 2023 by advocate Rajeeb Kalita, who sought the provision of basic toilet facilities in courts and tribunals. The court seized the opportunity to address the systemic neglect of hygiene and sanitation in judicial premises, particularly at the district court level.