Public interest litigation was initiated with a prayer for directions to ensure that basic toilet facilities are made available in all Courts/ Tribunals in the Country for men, women and handicapped persons including transgenders.

Held, it is duty of every State/UT under Part IV of the Constitution to ensure a healthy environment and to continuously strive for improving public health . Absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice.

It is settled law that the right to life encompasses within it the right to healthy and hygienic life and the right to live with dignity. Creation of adequate public toilets also protects the privacy and removes the threat to ladies and transgender persons. Availability of access to public toilet is an important duty of the States/UTs under the Directive Principles and it is just not enough if such provisions are made but steps are to be taken to ensure that the toilets are maintained throughout the year. Without such access to the three genders, the States/UTs can no longer claim to be welfare State.

Following directions were issued, in the larger public interest:

(i) 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.

(ii) The High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to Judges, advocates, litigants, and court staff.

(iii) 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, within a period of six weeks.

(iv) The committee shall formulate a comprehensive plan, carry out the following tasks, and ensure its implementation.

(a) have a statistic of number of persons visiting the courts every day on an average and ensure that sufficient separate washrooms are built and maintained.

(b) conduct a survey regarding the availability of toilet facilities, lacunae in the infrastructure and maintenance of the same. demarcate existing washrooms and assess the need to convert existing washrooms to meet the requirement of above categories

(c) provide alternate facilities like mobile toilets, during construction of new ones, environment friendly toilets (bio-toilets) across the courts as done in Railways.

(d) Qua women, transgender persons, PwD, provide clear signage and indications along with functional amenities, such as, water, electricity, operational flushes, provision of hand soap, napkins, toilet paper and up to date plumbing systems. Specifically, for PwD washrooms, ensure the installation of ramps and that washrooms are designed to accommodate them.

(e) conduct a study about maintaining architectural integrity in respect of Heritage Court buildings such as Mumbai, Calcutta, Chennai, etc. To work with the existing facilities by using underutilised spaces to build washrooms, modular solutions to work around the old plumbing systems, engaging professionals to assess the solutions to modernise sanitation facilities.

(f) effectuate a mandatory cleaning schedule and ensure staffing for maintenance and upkeeping dry bathroom floors along with sensitising users on clean washroom practices.

(g) ensure regular maintenance of the toilets by outsourcing professional agencies on contract basis, by employing modern cleaning methods and machinery to ensure better hygiene and usability.

(h) put in place a mechanism that mandates the periodic inspection of the functionality of these washrooms and specific compliance reports to be filed to a person in-charge.

(i) frame a complaint / redressal system for speedy reporting of defective washrooms and instant repair of the same.

(j) ensure that there are working and stocked sanitary pad dispensers in women, PwD, and transgender washrooms.

(k) nominate or appoint a person specifically in each premises of the High Court/District Court/ Civil Court/Tribunal as nodal officer to monitor the maintenance, address the complaints and communicate with the presiding officer or the appropriate committee; such authority should address the complaints and give standing instructions in writing regarding maintenance and working of the said toilets; and the responsibilities should be fixed.

(l) have a transparent and separate monetary fund for the construction and maintenance of toilets in court complexes.

(m) have child safe washrooms in Family court complexes with trained staff equipped to provide children with a safe and hygienic space.

(n) 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. (o) High Courts to develop and sustain the quality of maintenance can create a grading system for the District Courts and other courts/forums under its supervision, provide certifications and motivate the appropriate officials and staff, which can form part of their service records.

(iv) 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.

(v) A status report shall be filed by all the High Courts and the States/UTs within a period of four months.(Para 8.24 10 10.1 10.2 11)