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Synopsis

The Delhi High Court, recently, addressed the deplorable condition of washrooms in district courts, emphasizing the urgent need for action. The court further listed the matter for the next hearing on 10th February 2025.

The petition was filed to highlight the unsanitary conditions of female washrooms in the Lawyers’ Chambers Block at Saket Court. Acknowledging the critical nature of this issue, which directly affected the dignity, safety, and well-being of women visiting the district courts, the court, through its order dated 16th October 2024, appointed Harshita Nathrani as Court Commissioner to conduct a thorough assessment of female washrooms across all District Courts in Delhi.

In compliance with this directive, Nathrani submitted a detailed report dated 4th December 2024, which revealed significant deficiencies requiring urgent attention. The report indicated that most female washrooms in the Lawyers’ Chambers Blocks lacked essential infrastructure, such as adequate lighting, ventilation, and functional sanitary facilities. Additional issues were also noted, including seepage, exposed wiring, and the absence of basic amenities like soap and sanitary napkin vending machines. 

“Furthermore, Ms. Nathrani notes that regular maintenance and cleaning is absent due to an insufficient number of sanitation staff, posing serious hygiene and safety risks to users”, the court noted. 

At Karkardooma Courts, in addition to the aforementioned problems, there was a marked shortage of cleaning and sanitation staff. “Despite a daily footfall of approximately 50,000 individuals, the number of sanitation workers is grossly inadequate to maintain acceptable hygiene standards”, the court observed. 

In response, the Public Works Department (PWD) issued a tender, dated 27th August 2023, for the renovation of 64 toilets within Lawyers’ Chambers Blocks D, E, F, and G to improve infrastructure and facilities.

Similarly, at Saket Courts, persistent water supply issues were identified, with water supply to the Lawyers’ Chambers Block being discontinued after 3–4 PM, limiting the usability of the washrooms. The PWD had taken certain corrective measures and issued a tender for the renovation of all common toilets in the Lawyers’ Chambers Block.

The report further differentiated between the condition of washrooms within the Court Complexes and those in the Lawyers’ Chambers Blocks, noting the latter were in a worse state. Mr. Sameer Vashisht, ASC (Civil) for GNCTD, clarified that the maintenance of washrooms in the Lawyers’ Chambers Blocks fell under the responsibility of the respective Bar Associations.

The court had earlier directed the Principal District and Sessions Judges of all District Courts to address these concerns. Compliance reports from Dwarka Court, Rohini Court, and Saket Court confirmed that inspections had been conducted in all washrooms, though status reports from other courts were still pending. The Registry was directed to issue reminders for the remaining reports.

The negligence in maintaining these facilities was deemed unacceptable, as poor hygiene, lack of maintenance, and infrastructural inadequacies required immediate redressal. Consequently, the court issued the following directives:

“i. The Bar Associations of all District Courts and the Public Works Department are impleaded as parties to the petition. Let an amended memo of parties be filed within one week from today. 
ii. The PWD, GNCTD shall forthwith commence construction and repair work for washrooms where tenders have already been awarded. For locations where tenders are pending, the process shall be expedited and brought to completion at the earliest. This work shall commence immediately upon the relaxation of the GRAP-IV regulating restrictions. 
iii. The Chief Engineers of the PWD for each court complex shall coordinate closely with the respective Principal District and Sessions Judges to ensure that an uninterrupted supply of water is provided to all washrooms. Particular attention shall be given to addressing the water supply issues identified at Saket Courts. 
iv. The Principal District and Sessions Judges of all District Courts shall review the report submitted by the Court Commissioner, identify remedial measures and ensure implementation. A comprehensive status report on the progress made shall be submitted before the next date of hearing. 
v. While the petition specifically pertains to female washrooms, these directions shall apply equally to male, female and handicapped washrooms in District Courts, to ensure a uniform standard of hygiene and functionality. 
vi. The Bar Associations of all District Courts shall also examine the report submitted by the Court Commissioner and ensure the upkeep and maintenance of washrooms within the Lawyers’ Chambers Blocks and submit a compliance report”. 

For Petitioner: Advocates Smita Kumari Rajgarhia and Narendra Sharma
For Respondent: Additional Standing Counsel Sameer Vashisht
Case Title: Smita Kumari Rajgarhia v Govt. (W.P.(C) 14517/2024)