Impose extra tax on liquor, cigarettes: Supreme Court on fund shortage for toilets in courts

The Supreme Court on Friday directed a time-bound fact-finding exercise on the availability of washroom facilities in High Courts, district courts and taluka courts and laid down timelines for States and Union Territories to address the issue. [Sarika Tyagi v. Union of India]

The direction came while the Court was hearing a plea filed by a group of women lawyers highlighting the lack of ladies' bar rooms and other basic facilities in courts across the country.

A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana made it clear that lack of funds or revenue deficit could not be cited as an excuse for denying basic sanitation facilities.

It observed that governments could even impose an additional excise tax on liquor or cigarettes to generate resources for the purpose.

"Please see the shabby condition of working for women lawyers. All Advocate Generals must obtain the factual position on the ground and take steps. Saying there are no funds is not enough as it goes against a basic human right. Impose extra excise tax on liquor or cigarettes and we will uphold it," the Bench observed.

The Court directed all Advocate Generals of all States to conduct a fact-finding exercise on the availability of washrooms for women members of the Bar within two weeks.

Based on the findings, they have been asked to submit proposals to their respective State governments to ensure water and sanitation facilities are provided.

It further directed the Public Works Departments (PWDs) of the States and UTs to commence construction wherever required within four weeks of receiving the Advocate Generals' reports.

Every State and Union Territory has also been directed to file a status report within six weeks, with the Court making it clear that no deviation from the timelines would be permitted.

During the hearing on Friday, Senior Counsel Monika Gusain pointed out that several taluka courts in Karnataka and other parts of the country do not have separate washrooms for women.

"Imagine the poor and shabby conditions for our daughters and elders. How are they working?" CJI Kant remarked.

He then asked the Karnataka Advocate General to immediately obtain a report on the availability of washrooms in all taluka courts in the State and simultaneously direct the PWD to begin construction through a special allocation.

"Become an example now," the CJI said.

Attorney General (AG) R Venkataramani also told the Court that he was planning to convene a meeting of all Advocate Generals and standing counsel representing the States and UTs to assess the availability of washroom facilities and discuss the funding issue.

The Court accepted the suggestion and requested that the meeting be convened at the earliest.

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