Introduction
The landmark judgment Rajeev Kalita v. Union of India (2025 INSC 75) addresses a fundamental yet often overlooked aspect of the judicial system—providing adequate and hygienic toilet facilities in courts. The judgment underscores the importance of basic amenities as a facet of the right to life with dignity.
Factual Background
The petitioner, Rajeev Kalita, a practicing advocate, filed a Public Interest Litigation (PIL) under Article 32 of the Constitution. He sought directions for the construction and maintenance of separate toilet facilities in all court complexes, arguing that the absence of such facilities violated the fundamental right to life guaranteed under Article 21. Kalita highlighted the need for accessible and hygienic toilets for all genders, including transgender persons and persons with disabilities (PwDs), to ensure dignity and privacy in judicial premises.
The petition also cited the Directive Principles of State Policy (“DPSP”) enshrined in Articles 47 and 48A, emphasizing the State’s obligation to improve public health and protect the environment. Furthermore, international conventions on human rights and sanitation were referenced to strengthen the case.
Key Constitutional Provisions and Legal Framework
1. Article 21: Right to Life and Personal Liberty
Article 21 guarantees every individual the right to live with dignity, which inherently includes access to hygienic and safe public facilities. Courts have previously interpreted this right to extend beyond mere survival to encompass basic human needs, including sanitation.
2. Articles 47 and 48A: Directive Principles of State Policy
- Article 47 mandates the State to raise the level of nutrition and improve public health.
- Article 48A requires the State to protect and enhance the environment, emphasizing sanitation as a critical component.
3. Transgender Persons (Protection of Rights) Act, 2019
This Act explicitly prohibits discrimination against transgender persons in accessing public facilities. Rules under this Act mandate the creation of separate washrooms for transgender individuals within two years of enactment.
4. Harmonized Guidelines (2021)
The Ministry of Housing and Urban Affairs guidelines prescribe universal accessibility in public spaces, emphasizing inclusive toilet facilities for all genders and persons with disabilities.
International Obligations and Precedents
1. Universal Declaration of Human Rights, 1948
Article 25 recognizes the right to a standard of living adequate for health and well-being, including sanitation.
2. International Covenant on Economic, Social and Cultural Rights, 1966
Article 12 underscores the need to improve environmental and industrial hygiene as part of the right to health.
3. UN General Assembly Resolution No. A/RES/64/292 (2010)
This resolution acknowledges the right to safe and clean drinking water and sanitation as essential to the full enjoyment of life and human rights.
Observations by the Supreme Court
1. Inadequate Facilities
The Court highlighted the dismal state of washrooms in district and high courts, particularly in rural areas. It noted the lack of separate toilets for women, transgenders, and PwDs, and the absence of basic amenities such as water, soap, and sanitary disposal mechanisms.
2. Constitutional Responsibility
The Court emphasized that ensuring hygienic facilities is not just a logistical issue but a constitutional obligation under Article 21. Public health and sanitation are fundamental to the judiciary’s commitment to dignity and access to justice.
3. Impact on Judicial Efficiency
The absence of adequate facilities discourages litigants, advocates, and staff, affecting the overall functioning and accessibility of the judicial system.
Directions Issued by the Court
1. Construction of Separate Toilets
The Court mandated the creation of distinct toilet facilities for:
- Men
- Women
- PwDs
- Transgender persons
2. Formation of Committees
Each High Court is required to establish a committee under the chairmanship of a Judge, with members including:
- The Registrar General/Registrar
- The Chief Secretary
- Representatives from the Bar Association
- Experts as deemed necessary
The committee will oversee the planning, construction, and maintenance of facilities.
3. Inclusive Design and Maintenance
- Install ramps, tactile pavements, and other accessibility features for PwDs.
- Ensure functional amenities such as running water, soap, and sanitary dispensers.
- Adopt modern cleaning techniques and outsource maintenance to professional agencies.
4. Budget Allocation
State Governments and Union Territories were directed to:
- Allocate specific funds for the construction and upkeep of toilets.
- Conduct regular audits to ensure accountability.
5. Additional Provisions
- Baby Feeding Rooms and Creches: Establish dedicated spaces for nursing mothers and children in family courts.
- Mobile Toilets: Temporary arrangements during construction phases.
- Complaint Mechanisms: Enable users to report issues and ensure prompt resolution.
Comparative International Practices
1. Singapore
- The “Happy Toilet Programme” emphasizes cleanliness, accessibility, and regular maintenance.
2. Australia
- The “National Toilet Map” lists over 16,000 public toilets with detailed accessibility information.
3. Germany
- The “Toilet for All” initiative caters to individuals with severe disabilities, featuring height-adjustable benches and hoists.
4. Japan
- Universal toilets incorporate features for diverse users, including the elderly and disabled, with advanced technological solutions.
Challenges and Recommendations
1. Retrofitting Heritage Buildings
Preserving architectural integrity while modernizing sanitation facilities requires expert consultation and innovative solutions, such as modular toilets and upgraded plumbing systems.
2. Funding and Maintenance
Adequate and transparent funding is critical. Periodic audits and professional management of facilities can ensure sustainability.
3. Awareness and Training
Awareness campaigns for court users and training for maintenance staff can improve cleanliness and functionality.
4. Climate-Specific Solutions
Regions with extreme climates require tailored solutions:
- Cold Areas: Heated water systems and insulation.
- Hot Regions: Water conservation and cooling technologies.
- Flood-Prone Zones: Elevated structures and efficient drainage systems.
Conclusion
The Rajeev Kalita judgment is a progressive step towards realizing the constitutional promise of dignity and equality. By addressing infrastructural deficiencies in judicial premises, the Supreme Court has reaffirmed its commitment to access to justice as a holistic concept. The successful implementation of this judgment will require coordinated efforts from the judiciary, governments, and civil society to transform court complexes into inclusive, dignified, and efficient spaces for all.
References
- Constitution of India, 1950.
- Transgender Persons (Protection of Rights) Act, 2019.
- Universal Declaration of Human Rights, 1948.
- International Covenant on Economic, Social and Cultural Rights, 1966.
- Supreme Court of India, Rajeev Kalita v. Union of India, 2025 INSC 75.
- Reports from Singapore, Australia, Germany, and Japan on public sanitation policies.