Unfortunate That Many Lady Judicial Officers Have No Private Washrooms : Supreme Court

The Supreme Court yesterday (November 12) heard the petition seeking sanitised toilets for men, women, specially-abled persons and transgender persons in Court premises and tribunals across the country.

A bench of Justices J.B. Pardiwala and Pankaj Mithal while hearing a Public Interest Litigation asked if there is any data on whether lady judicial officers have private washrooms in High Courts. This came after the counsel for the petitioner, AoR Charu Ambwani, submitted that pursuant to an order by this Court, all 25 High Courts across the country had filed an affidavit in regards to the toilets in High Court premises. The affidavits show that there are enough sanitised toilets. 

The Court asked Additional Solicitor General Aishwarya Bhati, for Union, if all lady judicial officers have access to private washrooms in the High Courts where they are working. When Bhati stated that this was not covered in the affidavit and therefore no data on it, Justice Pardiwala responded: "Unfortunately, no [it has not been ensured that all lady officers have access to private washrooms]."

He added that a letter was addressed to the Supreme Court by a young lady judicial officer from Gujarat flagging the concern of accessibility of private washrooms. He said: "The Court in which she is posted, she has no private washroom of hers. She has to request learned Civil Judge to allow her to use his washroom. This is something which needs immediate attention."

Justice Pardiwala suggested that this aspect needs to be covered. The counsel pointed out that the affidavits filed pursuant to the May 8, 2023, order have mentioned for the State of Gujarat that toilets for lady judicial officers are attached to the chambers of Judges. 

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

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

(b) Steps taken for maintenance of toilets;

(c) Whether separate toilet facilities are made available to litigants, lawyers and judicial officers; and

(d) Whether adequate facilities for sanitary napkins dispensers are made available in women's toilets.

It was stated that the affidavits shall cover the establishments of the High Court and the entire district judiciary in the respective States/UTs.

The Court ordered Ambwani to file a note on the shortcomings, if any, in regards to the affidavit filed by the High Courts. It also asked Bhati to highlight what each High Court have said in their affidavit in regard to the order and what further directions are required to be passed. The Court will now hear it on November 26. 

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

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