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Supreme Court Directives on Inclusive Sanitation Facilities

Why in the news?

The Supreme Court directed courts and tribunals nationwide to provide inclusive sanitation facilities, including separate toilets for transgender persons, marking a historic step toward equality and addressing basic rights highlighted in a 2023 PIL.

Landmark Directives by the Supreme Court:

• The Supreme Court of India mandated the provision of inclusive washroom facilities in all court and tribunal premises across the country.
• The order highlights the lack of adequate washroom facilities, undermining equality and access to justice.
• Directive includes the construction of separate toilets for transgender individuals, marking a historic step toward inclusivity.
• The bench emphasized sanitation as a fundamental human right linked to the constitutional right of access to justice.

Key Judgments and Observations

• The ruling arose from a 2023 Public Interest Litigation (PIL) filed by advocate Rajeeb Kalita, addressing the absence of basic toilet facilities in courts.
• Justices JB Pardiwala and R Mahadevan stressed that public health and sanitation are integral to societal well-being.
• The judgment reiterates that access to clean toilets is essential for the full enjoyment of life and fundamental human rights.

Implementation Guidelines

• High courts, state governments, and Union Territories must ensure gender-inclusive washrooms equipped with essential amenities.
• Facilities include ramps for wheelchair users, tactile pavements for visually impaired persons, and sanitary napkin dispensers.
• Women’s washrooms must have connected rooms for nursing mothers.
• The absence of such facilities for women, persons with disabilities (PwD), and transgender individuals reflects poorly on India’s status as a welfare state.

This decision aligns with the 2014 NALSA judgment, ensuring the dignity and rights of transgender persons.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times