ISSUE
Whether the Court can direct governments and High Courts to ensure that there are basic toilet facilities in courts and tribunals that are accessible to all including transgender persons?
KEY FACTS
The petitioner filed a PIL seeking directions to ensure basic toilet facilities for men, women, persons with disabilities, and transgender persons in all courts and tribunals nationwide. The Court impleaded all High Courts and directed them to file affidavits on the availability and maintenance of toilets, and whether sanitary napkin dispensers were provided.
DECISION & REASONING
Reviewing affidavits from every High Court, the Court found that the number of toilets were low, and there were several problems with maintenance and accessibility, particularly for women, transgender persons and people with disabilities. Except for a few washrooms in Uttarakhand and Tamil Nadu, most other courts across India had not provided any toilets for transgender persons.
The Court relied on Article 21, prior case law and international human rights instruments to identify a right to a safe and hygienic environment. The Court also surveyed the Transgender Persons (Protection of Rights) Act, 2019, the 2020 Rules and NALSA v. Union of India (2014) (‘NALSA’). NALSA had already identified that the absence of separate toilets may force transgender persons to face harassment in male toilets, violating Article 14.
The Court issued detailed directions requiring each High Court to constitute a committee to survey needs and to build and maintain separate toilets for men, women, persons with disabilities, and transgender persons in all court premises.
SIGNIFICANCE
The judgement reframes access to toilets as a constitutional entitlement under Article 21. It also seeks to enforce this through court-monitored implementation. Lack of well-maintained toilets remain a significant hurdle for gender minorities to participate in public life.