The Supreme Court yesterday (November 12) heard the petition calling for sanitized toilets for men, women, persons with special disabilities and transgender persons in headquarters and courts across the country.

A bank of Justices JB Pardiwala and Pankaj Mithal while hearing a Public Interest Litigation, asked if there was any data on whether lady judicial officers have private toilets in High Courts. This came after counsel for the petitioner, AoR Charu Ambwani, submitted that under an order of this Court, all the 25 High Courts in the country filed an affidavit regarding the toilets in the High Court premises. The affidavits show that there are sufficient sanitary toilets.

asked the Court Additional Solicitor General Aishwarya Bhati, for the Union if all lady judicial officers have access to private toilets in the High Courts where they work. When Bhati stated that this was not included in the affidavit and therefore there is no record of it, Justice Pardiwala replied: “Unfortunately, no (it was not ensured that all officers have access to private toilets).”

He added that a letter has been addressed to the Supreme Court by a young judicial officer from Gujarat raising concerns about the accessibility of private toilets. He said: “The court where she is posted does not have her own private toilet. She has to ask the learned civil judge to allow her to use his toilet. This is something that needs immediate attention.”

Justice Pardiwala suggested that this aspect should be covered. Counsel pointed out that the affidavits filed pursuant to the order dated May 8, 2023 mentioned for the State of Gujarat that toilets for lady judicial officers are attached to the judges’ chambers.

In this petition, by an order dated May 8, 2023The Supreme Court sought the following directions from the High Courts:

(a) Availability of toilets for men, women and transsexuals;

(b) the measures taken for the maintenance of toilets;

(c) whether separate toilets are made available to litigants, lawyers and judicial officers; and

(d) Whether adequate facilities for sanitary napkin dispensers are available in women’s toilets.

It has been stated that the affidavits will cover the High Court institutions and the entire District Judiciary in the respective States/UTs.

The court today directed Ambwani to file a note on the deficiencies, if any, in the affidavit filed by the High Courts. It also asked Bhati to highlight what each High Court has said in their affidavit regarding the order and what further directions need to be passed. The court will now hear it on November 26.

Case Details: RAJEEB KALITA v. UNION OF INDIA AND ORS.WP(C) No. 538/2023