Lack of toilets in courts: SC anguished over non-filing of reports by many HCs

New Delhi: The Supreme Court on Wednesday expressed its anguish over 20 high courts not filing compliance reports following its verdict on ensuring toilet facilities in all courts and tribunals in the country and gave them eight weeks to do so.

It was the last opportunity, a bench of Justices J B Pardiwala and R Mahadevan said. Failure to file the reports in the next eight weeks will have consequences, the bench noted sternly.

In January 15, the court ruled that access to proper sanitation is recognised as a fundamental right under Article 21 of the Constitution. Issuing a slew of directions, it asked high courts, state governments and UTs to ensure availability of separate toilet facilities for men, women, persons with disabilities and transgender persons in all court premises and tribunals. It also asked for a status report within four months.

On Wednesday, the bench noted that only the high courts of Jharkhand, Madhya Pradesh, Calcutta, Delhi and Patna had filed affidavits giving details of actions taken to comply with the directions of the judgement.

There are 25 high courts in the country.

“Many high courts are yet to file their affidavits/compliance report…we grant them the last opportunity to file the compliance reports within eight weeks. We make it clear that if they fail to file the status reports then the registrar general of the high courts will remain present personally in the court,” the bench ordered.

In its January 15 judgment the court said the high courts shall oversee and ensure that the facilities are clearly identifiable and accessible to judges, advocates, litigants and court staff.

"For the aforesaid purpose, a committee shall be constituted in each of the High Courts under the chairmanship of a Judge nominated by the Chief Justice and members comprising the Registrar General/Registrar of the High Court, the Chief Secretary, the PWD Secretary and the Finance Secretary of the State, a representative of the Bar Association and any other officers as they deem it fit..."

It directed the committee to formulate a comprehensive plan and compile numbers of how many people visited the courts every day on an average and ensure that sufficient separate washrooms are built and maintained.

"The State Governments/UTs shall allocate sufficient funds for construction, maintenance and cleanliness of the toilet facilities within the court premises, which shall be periodically reviewed in consultation with the committee constituted by the High Courts. A status report shall be filed by all the High Courts and the States/UTs within a period of four months," the bench said.

The top court's judgement came on a PIL filed by advocate Rajeeb Kalita.