Delhi HC Orders Immediate Restoration Of Washrooms In Saket District Court; Appoints Advocate Commissioner To Oversee Compliance

The Delhi High Court has directed the Public Works Department (PWD) and relevant authorities to restore all washroom facilities at the Saket District Court to a "functional and sanitary condition," responding to concerns raised about unsanitary conditions, particularly in women's washrooms.

The Court passed the direction after Advocate Smita Kumari Rajgarhia filed a Writ Petition highlighting the inadequate, unhygienic state of washrooms in the lawyers' chamber block, which Justice Sanjeev Narula noted severely impacted the safety, privacy, and health of female lawyers using these facilities.

Acknowledging the critical nature of Rajgarhia’s concerns, the Single-Judge underscored that the lack of clean, operational washrooms undermines basic health standards.

"The failure to provide clean, functional, and safe washrooms—particularly in an environment as vital as the District Courts—demands immediate attention of all stakeholders," the Court said.

In response, the Court appointed Advocate Harshita Nathrani as a court commissioner, tasked with inspecting washrooms at Saket and other district courts, documenting the conditions, noting deficiencies, and providing photographic evidence of her findings.

"Recognizing the gravity of the situation, the Court hereby appoints Ms. Harshita Nathrani, Advocate, as Court Commissioner to conduct a thorough inspection of the female washrooms located at the Lawyers Chamber Block, Saket, and to extend this inspection to the female washrooms at other District Courts as well. Ms. Nathrani shall prepare a comprehensive report documenting the conditions of the washrooms, identifying deficiencies, and providing photographic evidence of her findings. The report shall also outline steps taken by the Respondents to rectify the situation. This report is to be submitted to the Court before the next date of hearing," the Court directed.

The Bench further directed PWD to take corrective measures to restore water supply and repair broken doors or non-functional toilets, with a compliance report required within two weeks. Additionally, the Court has mandated a regular maintenance schedule to prevent future neglect of these essential facilities.

"In the opinion of the Court, this issue warrants inspection of washroom facilities all District Courts in Delhi. Accordingly, the Principal District and Sessions Judges of all District Courts are directed to take cognizance of the matter to ensure that similar inspections of all washroom facilities—both for men and women—are carried out within their respective jurisdictions. These inspections should focus on the functionality, hygiene, and safety of the washroom facilities, and a compliance report indicating any necessary repairs or improvements shall be filed before this Court within a period of two weeks from today," the Court said in its order dated October 16.

The Court also directed Principal District and Sessions Judges across Delhi to inspect washrooms in their respective courts and submit a compliance report within two weeks. The Single-Judge emphasized that “access to clean, functional, and secure washroom facilities is a basic necessity, especially for female members of the Bar,” urging full cooperation from the PWD and related agencies to ensure immediate improvements.

"This Court reiterates that access to clean, functional, and secure washroom facilities is a basic necessity, especially for female members of the Bar. The safety, privacy, and health of female lawyers must be safeguarded, and the Respondents are expected to treat this matter with the seriousness it warrants. The PWD and other civic agencies shall extend full cooperation and coordinate with other stakeholders to ensure compliance of this order. Registry is directed to dispatch this order to all Principal District and Sessions Judges," the Bench directed.

Accordingly, the Court scheduled the matter for further hearing on December 5.

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

Appearance:-

Petitioner: Advocates Smita Kumari Rajgarhia, Narendra Sharma, Kamal Kant Sharma

Respondent: Advocate Sameer Vashisht (ASC), Harshita Nathrani

Click here to read/download the Order