Delhi High Court: In a writ petition filed to bring into light the unhygienic conditions of female washrooms in the Lawyers’ Chambers Block at Saket Court in New Delhi highlighting critical issues including non-functional toilet seats, absence of adequate water supply, and the lack of proper locking mechanisms, a Single Judge Bench of Sanjeev Narula, J. stated that the infrastructural inadequacies demanded immediate action and issued certain directions to ensure that proper action is taken regarding the standard of hygiene and functionality being maintained in the washrooms.
Background
The petitioner, in the present matter, submitted that the failure to provide clean, functional, and safe washrooms — particularly in an environment as vital as the district Courts — demanded immediate attention of all stakeholders.
Recognizing the importance of this issue which directly impacts the dignity, safety, and well-being of women who visit the district courts, the Court appointed a Court Commissioner vide order dated 16-10-2024 to conduct a comprehensive assessment of the conditions of female washrooms across all district courts in Delhi.
In compliance, the Court Commissioner submitted a detailed report dated 04-12-2024 which painted a distressing picture.
Analysis and Decision
Noting the revelations in the report, the Court stated that most female washrooms in the Lawyer’s Chamber Blocks lacked adequate infrastructure including proper lighting, ventilation, and functional sanitary facilities. The report further said that regular maintenance and cleaning was absent due to an insufficient number of sanitation staff, posing serious hygiene and safety risks to users.
The Court stated that in addition to the afore-mentioned issues, a significant shortage of cleaning and sanitation staff was observed at the Karkardooma Courts. It was further noted that in response to these concerns, the Public Works Department (‘PWD’) awarded a tender for the renovation of 64 toilets within the Lawyers’ Chambers Blocks D, E, F, and G with the aim to improve the infrastructure and facilities of these washrooms.
Further, the Court noted that PWD had taken some corrective measures at Saket Courts where the concern was that the water supply to the Lawyers’ Chambers Block was discontinued after 3-4 PM which limited the usability of the washrooms. A tender has also been issued by PWD for the renovation of all common toilets.
The Court stated that the report distinguished between the condition of the washrooms within the Court complexes and those in the Lawyers’ Chambers Block and mentioned that the latter were in a worse condition.
The Court stated that the negligence displayed in maintaining these facilities could not be overlooked and the lack of hygiene products, poor maintenance, and infrastructural inadequacies demand immediate action. Thus, the Court issued the following directions:
An amended memo of parties was directed to be filed within one week as the Bar Associations of all District Courts and the PWD were impleaded as parties to the petition.
PWD was directed to commence construction and repair work for washrooms where tenders had already been awarded. Whereas, for locations where tenders were pending, the process was directed to be expedited and brought to completion at the earliest.
The Chief Engineers of PWD for each court complex were directed to closely coordinate with the respective Principal District and Sessions Judge to ensure that an uninterrupted supply of water is provided in all washrooms. Particular attention was directed to be given to Saket Courts.
The Principal District and Sessions Judges of all District Courts were directed to review the report submitted by the Court Commissioner, identify remedial measures and ensure implementation. A comprehensive status report on progress is to be submitted before the next hearing.
The directions in this order were directed to apply equally to all male, female, and handicapped washrooms in District Courts to ensure a uniform standard of hygiene and functionality.
The Bar Associations of all District courts were directed to examine the report submitted by the Court Commissioner and ensure the upkeep of maintenance of washrooms and submit a compliance report.
The matter has been further listed on 10-02-2025.
[Smita Kumari Rajgarhia v. Govt. (NCT of Delhi), W.P. (C) 14517 of 2024, Decided on 05-12-2024]
Order authored by Justice Sanjeev Narula
Advocates who appeared in this case :
For Petitioner — Advocate Smita Kumari Rajgarhia, Advocate Narendra Sharma
For Respondent — ASC Sameer Vashisht, Court Commissioner Harshita Nathrani
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