Disturbed By The Way This Was Orchestrated In The Media: Apex Court On Alleged Lack Of Toilets For Women In Nilgiris District Court

The Supreme Court today strongly condemned the manner in which the issue relating to the alleged lack of toilet facility for women lawyers practicing in the Nilgiris District Court in Tamil Nadu was brought out through the media.

Chief Justice DY Chandrachud while expressing concern, observed, "...I am disturbed by the way this was orchestrated in the media, and Madras High Court was sought to be portrayed in a very poor light by stating something which was contrary to the facts. You are members of the bar, we are not taking very stern measures".

"We are deeply disconcerted by the way this whole matter has been conducted by your clients. We are not concerned about which of the two Bars was right. I am concerned about the fact that the High Court was sought to be portrayed in a bad light", the CJI told the lawyer for the women lawyers.

The news was first published in a legal news portal, pursuant to which a complaint was filed and the Apex Court initiated suo moto proceedings. It is pertinent to note that a vacation bench had, after perusing the report of the Registrar General of Madras High Court, noted that the facilities in the Court premises are made available, therefore that the grievance did not survive.

A bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha observed today in its order, "The Registrar General of the High Court of Madras has filed a detailed report indicating the space which has been made available to women lawyers practicing before the District Court at Ooty. The report indicates the area which has been made available as a bar room as well as for sanitation facilities. In view of the report, it is not necessary to pursue these proceedings any further. The proceedings shall stand disposed of".

The bench while stating that it was a matter of grave concern as it relates to the judiciary, noted that "Your petition was widely reported that there is no toilet for women! That's the problem. Frankly, that caused me a great deal of concern". The CJI continued by saying, "Now the report by the Registrar General gives us the elaboration on which are the blocks, which are the floors, how many toilets there are. 81 toilets for both men and women".

Advocate Balagopal appearing for the Women Lawyers' Association sought one more room in the premises submitting that the women lawyers are willing for the committee to be formed to conduct an enquiry into the matter. While Senior Advocate V Mohana appearing for the District Bar Association vehemently opposing the plea contended that the said association is not even recognised by the State of Tamil Nadu and that it comprised of 4 or 5 lawyers.

At the outset, CJI commented that "this petition was unnecessary". "You made this into a full-time litigation", Justice Narasimha further added. 

Balagopal in his arguments underlined the alleged statements made by the District Magistrate in the matter, he contended, "What were the remarks passed by the District Magistrate...that you want this place to put lipstick and powder on your face...Even they have dignity, we just want a small room". 

To which, the bench said, "You approach the District Judge, we can't order another 150 sq ft...".

The bench, at one point during the hearing, even agreed to appoint a committee of two lawyers of the Supreme Court to visit the place and find out, and accordingly submit a report. However, the bench cautioned the association that if the committee does find the facilities upon enquiry, a cost to the tune of Rs. 10 lahks would be imposed for frivolous litigation. 

Earlier a Vacation Bench of Justice Aniruddha Bose and Justice Rajesh Bindal directed that "In terms of our direction passed on 9th June 2023, the Registrar General of the High Court, Madras has filed a detailed report giving particulars of the facilities which are available in the new Court complex. As of now the petitioner, Female Lawyers, Association of Nilgiris may not have any grievance. The matter be listed before the appropriate Bench in the first week of July 2023".

Appearing for the Madras High Court, Senior Advocate Guru Krishnakumar had said that the allotment was made to the Association in April but they were refusing to take it. "Nothing survives, they have now got it. They want media attention unnecessarily" submitted Guru. Petitioner countered the same by stating that the space Allocated is not as per the PWD norms. The Bench then stated that "We are not closing this petition”.

On June 9, 2023, the Bench noted that the report by the Registrar General of the Madras High Court does not explain in detail what facilities are provided for women lawyers. Accordingly, the Court directed the Registrar General of the High Court to file a detailed report and noted that "This Court shall consider passing appropriate orders on going through the fresh report."

The Court took up a miscellaneous application on its own motion and directed it to be listed with a Writ Petition instituted by the Women Lawyers Association of Nilgiris seeking the availability of basic amenities in the Court complex.

The said Writ Petition was earlier disposed of by the Chief Justice-led bench by granting liberty to either move the District Judge or, as the case may be, the Registrar General of the High Court so that the grievance can be looked into.

The Court observed that as reported in an online news portal on June 6, 2023, complaints were raised on behalf of certain women lawyers demanding basic facilities in the same court complex and it appears that their main concern is over shrinking of the space or facilities allocated to them in the new court complex. "This miscellaneous application has been taken up by this Court on its own motion, considering the nature of grievances of the women lawyers of the Nilgiris district projected in the said news report," observed the Bench while referring to the column of the legal portal carrying the headline- “These women lawyers of Nilgiris have been demanding toilet in court complex for 25 years.”

Cause Title: Women Lawyers Association Of Nilgiris v. The Registrar, Madras High Court & Anr.