It is not just any other ordinary judgment but a judgment which directly affects not just litigants but also the lawyers especially women who are officers of the court and who are worst affected and have to undergo immeasurable hardships due to lack of availability of washrooms and even if available lack hygienic conditions and so also on many other things in most of the district courts or in very poor conditions and this is all the more applicable to States like Uttar Pradesh and Bihar among others! The condition of washrooms in Delhi which is our national capital is definitely not very much better either which necessitated the filing of this leading case. This alone explains why none other than the Delhi High Court itself in a most learned, laudable, landmark, logical and latest judgment titled Smita Kumari Rajgarhia vs Govt of NCT of Delhi in W.P.(C) 14517/2024 that was pronounced as recently as on 05.12.2024 has not just taken very serious note of it but also has gone ahead and directed the immediate construction and repair work of washrooms in the district courts.
It would be extremely relevant to disclose here that the Single Judge Bench comprising of Hon’ble Mr Justice Sanjeev Narula was dealing with a plea that had been filed by a woman lawyer while highlighting in detail the unhygienic and lamentable conditions of female washrooms in the Lawyers Chambers Block at Saket Courts. We need to note that it was in October 2024 that the Delhi High Court had appointed a lady lawyer as the Court Commissioner to conduct a comprehensive assessment of the conditions of female washrooms across all District Courts in the national capital. By all accounts, the Bench was definitely most candid to acknowledge graciously that the negligence displayed in maintaining facilities in the washrooms cannot be overlooked.
It must be also disclosed here that the Single Judge Bench comprising of Hon’ble Mr Justice Sanjeev Narula minced just no words to make it indubitably clear that the direction shall apply to male, female and handicapped washrooms in the District Courts to ensure a uniform standard of hygiene and functionality. What also needs to be borne in mind is that the Delhi High Court clearly directed the Delhi Government’s PWD department to forthwith commence construction and repair work for the washrooms where tenders have already been awarded. There can be just no gainsaying that this most compelling task definitely needs to be commenced and completed on a war footing!
Without beating about the bush, the Delhi High Court was most forthcoming and most forthright in directing clearly, cogently and convincingly that:
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. It also further directed the Chief Engineers of PWD for each court complex to coordinate closely with the respective Principal District and Sessions Judges to ensure that an uninterrupted supply of water is provided to all washrooms. In addition, the Delhi High Court also further specified stating that:
Particular attention shall be given to addressing the water supply issues identified at Saket Courts.
No doubt, the Bench had a valid point when it pointed out that the lack of hygiene products, poor maintenance and infrastructural inadequacies demand immediate action. The Bench also directed the Principal District and Sessions Judges of all District Courts to review the report that had been submitted by the Court Commissioner, identify remedial measures and ensure swift implementation. The Bench also mandated holding that:
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. It was also laid down by the Bench that the matter be listed on February 10, 2025 to be heard.
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Sanjeev Narula of Delhi High Court sets the ball in motion by first and foremost putting forth things in perspective in para 1 envisaging that:
The present petition brings to light the unhygienic conditions of female washrooms in the Lawyers’ Chambers Block at Saket Court. Recognizing the importance of this issue—which directly impacts the dignity, safety, and well-being of women who frequent the district courts, this Court, by order dated 16th October, 2024, appointed Ms. Harshita Nathrani as Court Commissioner to conduct a comprehensive assessment of the conditions of female washrooms across all District Courts in Delhi.
As it turned out, the Bench enunciates in para 2 that:
In compliance, Ms. Nathrani has submitted a detailed report dated 4th December, 2024, which paints a distressing picture. The report lays bare deficiencies demanding urgent attention. The findings reveal that most female washrooms in the Lawyers’ Chamber Blocks lack adequate infrastructure, including proper lighting, ventilation, and functional sanitary facilities. Issues such as seepage, exposed wiring, and the absence of essential amenities like soap and sanitary napkin vending machines have also been noticed in the report. 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.
Do note, the Bench notes in para 3 that:
At Karkardooma Courts, in addition to the afore-mentioned issues, a significant shortage of cleaning and sanitation staff was observed. Despite a daily footfall of approximately 50,000 individuals, the number of sanitation workers is grossly inadequate to maintain acceptable hygiene standards. In response to these concerns, the Public Works Department1 awarded a tender through an award letter dated 27th August, 2023 for the renovation of 64 toilets within the Lawyers’ Chambers Blocks D, E, F, and G, aiming to improve the infrastructure and facilities of these washrooms.
Do further note, the Bench then notes in para 4 that:
Similarly, at Saket Courts, persistent water supply issues were identified. It was noted that water supply to the Lawyers’ Chambers Block is discontinued after 3-4 PM, limiting the usability of the washrooms. Addressing this issue, PWD has taken some corrective measures. Further, a tender has also been issued by PWD for the renovation of all common toilets in the Lawyers’ Chambers Block.
Be it noted, the Bench notes in para 5 that:
Significantly, the report distinguishes between the condition of washrooms within the Court Complexes and those in the Lawyers’ Chambers Blocks, noting that the latter are in a worse state. Mr. Sameer Vashisht, ASC (Civil) for GNCTD clarifies that the maintenance and upkeep of washrooms in the Lawyers’ Chambers Blocks falls under the purview of the respective Bar Associations.
To recapitulate, the Bench then recalls in para 6 pointing out that:
This Court had previously directed the Principal District and Sessions Judges of all District Courts to address these issues. Compliance reports have been filed by Dwarka Court, Rohini Court and Saket Court informing that inspections have been carried out in all washrooms. The status reports by the remaining Courts have not yet been filed. Registry is directed to send a reminder calling for the reports.
Most significantly, most remarkably and so also most forthrightly, the Bench encapsulates in para 7 what constitutes the cornerstone of this notable judgment postulating and directing that:
The negligence displayed in maintaining these facilities cannot be overlooked. The lack of hygiene products, poor maintenance, and infrastructural inadequacies demand immediate action. In view of the foregoing, the Court finds it necessary to issue the following directions:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
What’s more, it is also worth noting that the Bench then directs in para 8 holding that:
A copy of this order shall be communicated to the Principal District and Sessions Judges, the Bar Associations, and the Chief Engineers of the PWD for immediate compliance.
Finally, the Bench then concludes by directing and holding in para 9 that:
List on 10th February, 2025.
In conclusion, I most strongly feel that this most commendable, courageous and creditworthy judgment by the Delhi High Court deserves to be implemented not just in Delhi where it is applicable but also needs to be emulated all over India especially in the District Courts where the deplorable condition of toilets and washrooms that is quite palpable merits course correction immediately. It merits just no reiteration that Delhi High Court very rightly calls for uniform standard of hygiene. Of course, this most pressing issue definitely cannot be kept in the back burner or in the cold storage any longer. No denying it!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
