Ensure Construction & Availability Of Separate Toilet Facilities For Males, Females, PwD, & Transgenders In All Courts & Tribunals Across Country: SC To HCs & State Govts & UTs
The Supreme Court emphasised that accessible washroom facilities are not just a matter of convenience, but a facet of human rights and dignity.

The Supreme Court has ordered all the High Courts and the State Governments as well as the Union Territories to ensure the construction and availability of separate toilet facilities for males, females, PwD, and transgender persons in all Court premises and Tribunals across the Country.
The Court was addressing a Public Interest Litigation (PIL) filed under Article 32 of the Constitution seeking to ensure that basic toilet facilities were made available in “all Courts/ Tribunals in the Country for men, women and handicapped persons including transgenders.” The Court issued directions for such facilities emphasising that “the absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice.”
The Bench of Justice JB Pardiwala and Justice R Mahadevan ordered, “Immediate steps are needed to ensure that all judicial premises, especially those lacking proper facilities, are equipped with accessible washroom facilities for the judges, litigants, advocates, and staff. It is re-emphasized that this is not just a matter of convenience, but is about basic rights and human dignity. Failing to act promptly would compromise the very purpose and essence of the judiciary’s role in our society.”
AOR Charu Ambwani represented the Petitioner, while ASG Aishwarya Bhati and Senior Advocate Swarupama Chaturvedi appeared for the Respondents.
Brief Facts
The Petitioner, a practising Advocate, had filed the PIL submitting that the scope of the Fundamental Right under Article 21 of the Constitution included the right to live with dignity and that no human being can live with dignity unless there are facilities to maintain basic hygiene.
Observations of the Court
The Court pointed out that the lack of clean and functional washrooms within judicial premises violated the fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty. Highlighting the importance of sanitation, the Bench remarked that Courts should not be places where basic needs like hygiene are overlooked and neglected.
“In our opinion, toilets/washrooms/restrooms are not merely a matter of convenience, but a basic necessity which is a facet of human rights. Access to proper sanitation is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. This right inherently includes ensuring a safe and hygienic environment for all individuals,” it remarked.
The Court pointed out the deplorable conditions of certain facilities, “The conditions prevailing in many courts are poor with old toilets in unusable conditions, insufficient water supply, unlocked doors, broken taps, etc. Due to insufficient funds, toilets are not properly maintained. Even in newly constructed buildings, non-functional fittings hinder the proper use of toilet facilities. District Courts are in the worst and most deplorable conditions and failing to meet even basic hygiene standards.”
Directive Issued to High Courts & State Governments
The Court issued the following directions in the larger public interest:
- The High Courts and the State Governments/UTs shall ensure the construction and availability of separate toilet facilities for males, females, PwD, and transgender persons in all Court premises and Tribunals across the Country.
- The High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to Judges, advocates, litigants, and court staff.
- Effectuate a mandatory cleaning schedule and ensure staffing for maintenance and upkeeping dry bathroom floors along with sensitising users on clean washroom practices.
- Ensure that there are working and stocked sanitary pad dispensers in women, PwD, and transgender washrooms.
- Provide separate rooms (interconnected with the women’s washroom) to cater to nursing mothers’ or mothers with infants with feeding stations and changing napkins available. To consider incorporating breastfeeding facilities to support nursing mothers, along with dedicated platforms for changing napkins within toilet areas, similar to the amenities available in airports.
The Bench also directed the constitution of a committee in each High Court, chaired by a Judge nominated by the Chief Justice, to oversee the implementation of these measures. The committee was tasked with:
- Conducting surveys to ascertain the availability and conditions of existing washrooms.
- Ensuring the installation of bio-toilets and mobile toilets during construction.
- Overseeing the maintenance of facilities through professional agencies employing modern methods.
Accordingly, the Supreme Court listed the matter after four months for reporting compliance.
Cause Title: Rajeeb Kalita v. Union Of India & Ors. (Neutral Citation: 2025 INSC 75)
Appearance:
Petitioner: AOR Charu Ambwani
Respondents: ASG Aishwarya Bhati; Senior Advocate Swarupama Chaturvedi; AOR Arvind Kumar Sharma, Aaditya Aniruddha Pande, Anando Mukherjee, Adarsh Upadhyay, Apoorv Shukla, Prashant Shrikant Kenjale, Kunal Chatterji, Apoorv Kurup, Amit Gupta, Malak Manish Bhatt, P.I. Jose, Anupam Raina, Ashok Mathur, E.C. Vidya Sagar, P.S. Sudheer, Gautam Narayan, Arjun Garg, Kumar Mihir, et al; Advocates Ruchi Kohli, Ameyavikrama Thanvi, Aman Sharma, Ravindra Chingale, Siddharth Dharmadhikari, Amit Singh, Aman Pathak, Pallavi Kumari, Shashank Pachauri, Yashvardhan, Rohit Bansal, Maitrayee Banerjee, Mrinalini Mukherjee, Osheen Bhat, Hemant Kumar Sagar, Shailendra Singh, Rishi Maheshwari, Bharat Sood, Anne Mathew, Jai Govind M J, Kriti Gupta, Sagun Srivastava, Saaransh Shukla, et al.