Right to Sanitation and Public Infrastructure as a Facet of Article 21 (CaseLaws)

Rajeev Kalita Vs. Union of India & Ors. (2025 INSC 75)

Summary of the Case Law
The Supreme Court of India addressed a Public Interest Litigation (PIL) filed under Article 32 of the Constitution, highlighting the inadequate and unhygienic toilet facilities in court complexes across India.

The key legal issues involved were:
Fundamental Right to Sanitation – Whether the right to access clean, functional, and segregated toilet facilities is a fundamental right flowing from the Right to Life and Personal Liberty under Article 21 of the Constitution.

State's Constitutional Duty – Whether the State and Union Territories (UTs) have a constitutional obligation under Directive Principles of State Policy (Articles 47 and 48A) to provide and maintain such sanitation infrastructure in public places, including courts.

Inclusivity and Non-Discrimination – Whether the failure to provide separate and accessible toilets for women, persons with disabilities (PwD), and transgender persons violates their right to equality, dignity, and privacy.

The Court held that:
Access to clean and safe sanitation is an integral part of the right to live with human dignity under Article 21. The Court issued a series of mandatory directions to all High Courts and State Governments/UTs to ensure the construction, maintenance, and accessibility of segregated toilets for men, women, PwD, and transgender persons in all court premises.

Key Legal Principles Established:
Sanitation as a Fundamental Right – The right to safe and clean drinking water and sanitation is essential for the full enjoyment of life and all human rights. It is a fundamental aspect of the Right to Life under Article 21, which includes the right to a healthy and hygienic life.

Duty to Provide Inclusive Infrastructure – The State has a positive obligation to create inclusive public infrastructure that protects the privacy, safety, and health of all genders and specially-abled persons, as mandated by the Transgender Persons (Protection of Rights) Act, 2019, and various international covenants.

Access to Justice Includes Access to Basic Amenities – The right to access justice is compromised if court premises lack basic human amenities like functional toilets. A dignified and humane atmosphere is necessary for all stakeholders—litigants, advocates, and judges—for the effective dispensation of justice.

Relevance:
This judgment expansively interprets the Right to Life to include the right to basic sanitation and hygiene within public institutions. It sets a crucial precedent for making public infrastructure, particularly judicial infrastructure, inclusive, accessible, and dignified for all citizens, thereby reinforcing the State's welfare obligations. The comprehensive directives serve as a model for improving sanitation facilities in all public buildings across the country.