Inadequate Toilets, No Provision For Childcare: Reports To Bombay HC Reveal Lack Of Facilities For Females In Maharashtra Courts, State To Respond

The High Court Registrar submitted two reports before a bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor detailing issues faced by women in family courts and district courts of each district.

The court directed the petitioners and the state government to respond to the reports within a week and posted the matter for further consideration on December 1, 2023.

“Let these reports be shared with the learned counsel for the petitioners and the learned Government Pleader, who shall file their response to such report within a week”, the court said.

In June 2023, the court had directed the formation of a committee in each district to conduct survey of infrastructural and security issues faced by female lawyers, litigants, and staff in Maharashtra's courts.

The committee in each district comprises of the Principal District Judge, a female representative from respective bar associations, Additional Collector from Revenue, and Executive Engineer (PWD) of the District.

Notably, the committees for Nagpur Family Court, Aurangabad Family Court, Buldana Family Court, Jalna Family Court, Akola District Court, Jalgaon District Court, Satara District Court, Sindhudurg District Court, North Goa District Court, Diu District Court, and Dadra and Nagar Haveli District Court reported no issues faced by female lawyers, litigants, and staff. Advocate Uday Warunjikar for the petitioners told LiveLaw that the petitioners intend to conduct a survey of these courts to verify this claim.

Common Problems Across Maharashtra Courts

Inadequate Toilets: Almost all court complexes, including those in Mumbai, Pune, and Nagpur, were found to have insufficient restroom facilities for women. Further, even the toilets that are provided, were found to have insufficient water supply, and their cleanliness was not maintained. Post of sweeper in not sanctioned in courts in Sangli District. In South Goa, the committee reported that the tender for repairing of the toilets has been issued 11 times, but no quotations were received.

No Menstrual Facilities: A widespread concern across Maharashtra courts is the absence of sanitary pad vending machines and disposal units, including courts in Mumbai, Pune, Thane, Buldana, Yavatmal, Amravati, Sangli, Parbhani, Beed, etc.

No Childcare Facilities: Most of the courts lack essential childcare facilities, including creches and dedicated feeding rooms.

No Changing Rooms: The majority of courts in Maharashtra do not provide changing rooms for women, the report reveals. The petition states that changing rooms are required in courts due to dress code prescribed under the Advocates Act.

Inadequate Seating: Overcrowding and limited seating arrangements within the courts are causing discomfort for female lawyers, litigants, and staff. Courts do not have waiting rooms for female litigants and witnesses and separate Bar Rooms for female lawyers.

Infrastructure Repairs: The need for immediate repairs to court buildings and washroom facilities was found in Mumbai, Nashik, Ahmednagar, Dhule, Amravati, Latur, Osmanabad Solapur, Kolhapur, and Daman and Diu.

Problems Due To Rented Premises And Heritage Buildings

The report highlighted that the courts in Nanded, Jalgaon, and Raigad are functioning in rented premises and do not have space to create additional facilities for women. All the courts in Mumbai and Thane also reported space constraints. Further, the City Civil and Sessions Court Mumbai is a heritage building, and it is not permissible to modify the building to provide additional facilities, as per the report.

Remedial Measures

The reports mention some remedial measures being taken to address the problems. The respective Executive Engineers of the PWD Department have been instructed to carry out required repairs, install water dispensers, sanitary pad vending machines, CCTV cameras, and identify space for ladies bar room, toilets and creche in the premises.

Provisions have been made in the proposed building additional court building in Solapur for separate bar room, tiffin rooms, creche, sufficient toilets etc and in New Thane District Court building for separate room for female non judicial staff. In Pune, 4 mobile lavatories were fixed at different locations in the District Court Campus to resolve the problem of insufficient toilets, as per the report.

Case no. – Public Interest Litigation No. 37 of 2023

Case Title – Jan-Adalat Centre for Para-Legal Services and Legal AID Society & Anr. v. State of Maharashtra & Ors.