Lack Of Toilets In Courts: SC Woes Over Non-Filing Of Reports By Many HCs

Lack Of Toilets In Courts

The Supreme Court on Wednesday expressed serious concern over the failure of 20 out of the country’s 25 High Courts to submit compliance reports following its directive on ensuring proper toilet facilities across all court and tribunal premises.

A bench comprising Justices J.B. Pardiwala and R. Mahadevan gave the defaulting High Courts a final deadline of 8 weeks to submit their reports, warning of consequences for further non-compliance.

“This is the last opportunity,” the bench said sternly. “If they fail to file the status reports, then the Registrar General of the High Courts will remain present personally in the court.”

The Court’s frustration stemmed from the lack of response after its January 15, 2025, judgment, which declared access to basic sanitation a fundamental right under Article 21 of the Constitution. At the time, it directed all High Courts, state governments, and Union Territories to ensure the availability of clean, separate toilets for men, women, persons with disabilities, and transgender persons in all court complexes.

Only Five High Courts Have Complied

As of Wednesday’s hearing, only the High Courts of Jharkhand, Madhya Pradesh, Calcutta, Delhi, and Patna had filed affidavits detailing steps taken in compliance with the Court’s ruling. The remaining 20 High Courts are yet to respond.

Court’s January Order

In its January verdict, the Court had laid out an exhaustive framework to improve sanitation facilities in courts. It mandated that each High Court form a dedicated committee, chaired by a Judge nominated by the Chief Justice. The committee was to include the Registrar General, Chief Secretary, PWD Secretary, Finance Secretary, a Bar Association representative, and other relevant officials.

This committee’s responsibility was to:

Create a sanitation improvement plan
Collect data on daily footfall in court premises
Ensure adequate gender-inclusive washroom facilities
Supervise ongoing maintenance and cleanliness

The Court also ordered state governments and UTs to allocate sufficient funds for construction and upkeep of these facilities, with periodic reviews in consultation with the committee.

Four-Month Compliance Timeline Ignored

In the original ruling, the top court had set a four-month deadline for all High Courts and state governments to file status reports. Despite the clear timeline, the lack of compliance by most High Courts prompted the Supreme Court’s strong response on Wednesday.

The case originated from a Public Interest Litigation (PIL) filed by advocate Rajeeb Kalita, raising concerns about inadequate sanitation in judicial institutions across the country.

The matter will now return to the Supreme Court in eight weeks, with the possibility of further action if compliance remains pending.