The Supreme Court on Monday directed all State governments and High Courts to ensure that women advocates have exclusive bar rooms, washrooms and other basic amenities in district, sub-divisional and taluka courts wherever they practise, irrespective of their numbers [Sarika Tyagi v Union of India].
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said that the facilities must be created even where additional funds or land are required.
“If there are no ladies’ bar rooms, we strongly disapprove of it. It is the duty of all High Courts and State governments to ensure that wherever women members, young women are practising, they are provided an exclusive women’s bar room with all facilities. This is the mandate. We do not want to deviate from that. It has to be complied with, whether additional funds or additional land are required. Whatever is required must be done,” said CJI Kant.
Additionally, the Court directed that the facilities be provided wherever women advocates practise, regardless of their numbers.
"Wherever women members of the Bar practise in district, sub-divisional and taluka courts, irrespective of their strength, a separate and exclusive women’s bar room shall be provided, proportionate to their strength, along with basic amenities such as washrooms and other facilities. We direct all State governments to allocate the necessary funds, if not already available," said the Court.
It also tasked High Court infrastructure committees with prioritising the creation of these facilities in district and taluka courts.
The directions were passed in a public interest litigation (PIL) filed by women advocates highlighting the lack of adequate facilities for women lawyers in court complexes across the country.
The Court appointed Attorney General for India (AG) R Venkataramani as the nodal authority to coordinate compliance by States and Union Territories and consolidate their progress reports.
"The pattern of basic amenities and facilities should preferably be uniform across all States," added the Court.
The matter will next be heard on December 2.
During the hearing, the amicus curiae said that only 21 of the 69 respondents had filed status reports. Senior Advocate Monika Gusain, appearing for the petitioners, submitted that even among the affidavits filed, several States had acknowledged gaps in basic facilities.
Gusain told the Court that Punjab had reported washrooms in only nine of its 67 court complexes, while Haryana had not even conducted an inspection. She also pointed out that the Calcutta High Court's affidavit acknowledged the absence of a women's bar room in the Calcutta City Courts.
CJI Kant noted that the Court was now concerned with implementing its earlier directions.
“We are only at the execution stage. If there is no bar room in Calcutta, they must create it,” he said.
The amicus curiae also highlighted the need to ensure that washrooms were incorporated into the designs of new court complexes and that adequate space was earmarked for women's bar rooms.
Taking note of the submission, the Court asked the amicus to compile the information received from the States and High Courts.
Additionally, AG Venkataramani informed the Court that he had convened a meeting of all Advocates General on September 17 to discuss the issue and had asked them to consolidate information on the facilities available in their respective States. He said that he would hold another round of meetings by the end of October to expedite implementation.
The Court then directed all Advocates General and standing counsel for Union Territories to submit progress reports to AG Venkataramani, who would compile them and place them before the Court.
Additionally, it also permitted the petitioners, their counsel and intervenors to submit suggestions through the Attorney General for consideration by the concerned State governments.
[Read Live Coverage]