Kerala HC Calls For Suggestions On Utilization Of Available Space At DRT Ernakulam, Emphasises On Separate Toilets For Female Advocates

Justice V G Arun directed the parties to specifically address the issue of providing toilet facilities for female lawyers practising in the DRT. He said:

“Petitioners as well as the respondents are directed to file statements regarding their opinion as to the manner in which the available space can be best utilised. While making such suggestion, specific mention shall also be made about providing toilet facility to the lady lawyers.”

The Court passed the above interim order based on an Advocate Commissioner Report submitted in a plea moved by the DRT Advocates Association in Ernakulam alleging the lack of a Bar Association Room for the lawyers. The plea stated that the DRT Advocates Association submitted a representation to the Registrar, DRT for allocating sufficient space for advocates with separate washrooms, dressing rooms and toilet facilities for lady advocates.

The plea stated that the DRT in Ernakulam, established in 1999 under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 is located at the Kerala State Housing Board Building in Panampilly Nagar, Ernakulam.

The plea alleged that the advocates practicing in DRT were only allotted a small area which they used as a Bar Association Room. It is stated that the lawyers practising in DRT I and DRT II made use of the same Bar Association Room.

The plea stated that the Bar Association Room had no toilet facility and the advocates used it for changing clothes, taking lunch etc. It was stated that since there was no separate room for clerks, they also utilized the Bar Association Room. The plea further highlighted the absence of separate toilet facilities despite approximately 100 women lawyers practising at the DRT.

The plea alleged that due to renovation works in DRT, the Bar Association Room was unilaterally taken over without consulting with the Advocates Association. It is stated that despite the completion of most renovation works, the Bar Association Room was not returned which is causing great difficulties for the advocates. The plea stated that no action has been taken on the representation submitted by the Advocates Association and the respondents are not taking any actions to redress their grievances.

Based on the Court's order, Advocate Farha Mather was appointed as an Advocate Commissioner to examine the premises and to submit a report regarding the adequacy of the space allotted and facilities available for the advocates practicing in the Debts Recovery Tribunal.

The Advocate Commissioner submitted a report before the Court pointing out that the Bar Association Room lacks sufficient facilities for advocates like charging points, and cupboards. It stated that there is only a common toilet/washroom attached to the Bar Association Room for the advocates. The report also stated that there is no separate area allotted for advocate clerks.

The matter has been posted to August 06, 2024.

The plea has been moved by Advocates V K Peer Mohamed Khan, Girish Kumar V C, Asna M

Case Title: Adv N Sasi And Others v Union of India

Case Number: WP(C) NO. 24095 OF 2024

Click here to read/download Interim Order