Delhi High CourtConstitutional LawAdministrative and Public Law

Access to clean, hygienic sanitation in court complexes is a fundamental right to dignity under Article 21.

Smita Kumari Rajgarhia v. Govt. of NCT of Delhi [W.P.(C) 14517/2024]

Access to clean, hygienic sanitation in court complexes is a fundamental right to dignity under Article 21.. Smita Kumari Rajgarhia v. Govt. of NCT of Delhi [W.P.(C) 14517/2024]. Delhi High Court. LawLens
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In brief

The question

1. Whether the failure to maintain clean and functional sanitation facilities in court complexes violates the fundamental right to dignity and health under Article 21 of the Constitution

The court held

The Court held that the right to clean and functional toilets is inseparable from the rights to dignity, privacy, and health under Article 21

It also directed

While disposing of the petition based on the PWD's assurances to complete work within the stipulated timelines

the Court issued a standing direction that any future grievances must first be addressed to the respective Principal District Judge for administrative action against the PWD or Bar Associations

The Court recorded the PWD's commitment to maintain hygiene and granted the petitioner liberty to file a fresh petition if circumstances warrant

01Facts

The petitioner filed a writ petition highlighting the poor maintenance and upkeep of female washrooms at the Saket District Court Complex

¶ 1

The Court subsequently expanded the scope of the petition to include all District Court Complexes in Delhi and appointed a Court Commissioner to inspect these facilities

¶ 1

Reports from the Court Commissioner and the Public Works Department (PWD) revealed systemic inadequacies in sanitation infrastructure

¶ 2

The PWD provided timelines for the completion of renovation and construction projects, specifically citing September 30, 2025, for Dwarka Courts and March 31, 2026, for Saket Courts

¶ 2

02Issues

i.1. Whether the failure to maintain clean and functional sanitation facilities in court complexes violates the fundamental right to dignity and health under Article 21 of the Constitution

¶ 3, 5

ii.2. Whether statutory authorities can avoid the obligation to provide basic sanitation on the grounds of financial or administrative limitations

¶ 4

03Law Applied

The Court primarily applied Article 21 of the Constitution, which guarantees a life of dignity rather than mere animal existence

¶ 3

It relied on *Municipal Council, Ratlam v. Vardichan*, establishing that basic sanitation is a constitutional responsibility and statutory bodies cannot plead financial inability to avoid abating public nuisances

¶ 4

The Court further applied the principles from *Suchita Srivastava v. Chandigarh Administration* regarding bodily integrity

¶ 5

Justice K.S. Puttaswamy (Retd.) v. Union of India* regarding privacy as an intrinsic part of liberty

¶ 5

Consumer Education and Research Centre v. Union of India* regarding the right to health as a facet of Article 21

¶ 6

Provisions in the judgment · 2 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 188

Code of Criminal Procedure, 1973 Section 133

04Reasoning

The Court reasoned that court complexes are "Constitutional spaces" where the infrastructure must reflect minimum standards of human dignity

¶ 6

Applying the *Ratlam* precedent, the Court emphasized that sanitation is not "charity" but a binding obligation that the state cannot bypass through pleas of "poor finance"

¶ 4

The Court specifically noted that inadequate facilities create a "subtle but real barrier" to the equal participation of women in the justice system, thus implicating Articles 14 and 15

¶ 6

The Court linked the biological realities of women to the requirement of functional institutional arrangements, concluding that clean washrooms are foundational requirements of a functional justice system, not peripheral amenities

¶ 6

05Holding

The Court held that the right to clean and functional toilets is inseparable from the rights to dignity, privacy, and health under Article 21

¶ 5-6

While disposing of the petition based on the PWD's assurances to complete work within the stipulated timelines

¶ 7-8

the Court issued a standing direction that any future grievances must first be addressed to the respective Principal District Judge for administrative action against the PWD or Bar Associations

¶ 9

The Court recorded the PWD's commitment to maintain hygiene and granted the petitioner liberty to file a fresh petition if circumstances warrant

¶ 8-9
Delhi High Court

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Smita Kumari Rajgarhia v. Govt. of NCT of Delhi [W.P.(C) 14517/2024]

Delhi High Court

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