DEIB India Updates - October '26 Edition
Discover key legal insights and societal inclusion steps in DEIB India Updates October 2026 Edition.
Supreme Court Directs States and High Courts to Provide Exclusive Bar Rooms and Washrooms for Women Advocates
On 26 October 2026, in Sarika Tyagi v. Union of India (W.P.(C) No. 770/2026), the Supreme Court directed all State Governments, Union Territories and High Courts to ensure that women advocates are provided with exclusive bar rooms, washrooms and other basic facilities in district, sub-divisional and taluka courts wherever they practice. The Court emphasised that these facilities should be available irrespective of the number of women advocates practicing, with the space and amenities proportionate to their numbers. It further directed State Governments and Union Territory Administrations to allocate the necessary funds and land for creating these facilities, while requiring the Building and Infrastructure Committees of the respective High Courts to prioritise their implementation. The Court emphasised that access to appropriate infrastructure is an essential requirement for women to participate effectively and equally in the legal profession. The directions seek to address structural barriers faced by women lawyers, and treat infrastructure as something that concerns equality and dignity, and not just a facilities. The matter is next listed for further hearing on 02 December 2026.
Rajasthan High Court Recognises Right to Breastfeed Under Article 21
The Rajasthan High Court in the matter Suman Meena v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 19649/2026), stayed the transfer of a government school teacher to a distant location. Her transfer came barely two months after she had given birth and the baby reportedly required intensive care and constant maternal attention. The Court recognised that an infant's right to breastfeeding, maternal care and nurturing forms part of the right to life and dignity under Article 21 of the Constitution. The Court also noted that separating a nursing mother from her infant at such an early stage could adversely affect the child's health, nutrition and development. Justice Anoop Kumar Dhand emphasised that women employees who are nursing mothers require a humane and sensitive approach in administrative decisions affecting their employment. In light of the same, the Court directed the authorities to reconsider the teacher's transfer taking into account the welfare of the infant and its mother. The High Court also highlighted the need for the State to formulate an appropriate transfer policies for women employees who have recently given birth and are caring for infants. Read the order here.
Kerala High Court Strikes Down Rule Prohibiting Women from Working in Toddy Shops
In Sophy v. State of Kerala & Ors. (W.P.(C) No. 27762/2024), the Kerala High Court struck down Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002, which prohibited the employment of women in any capacity in toddy shops. The Court held that the blanket prohibition was unconstitutional and violated Articles 14, 15, 19 and 21 of the Constitution. The case concerned a woman who sought employment in a toddy shop on compassionate grounds following the death of her husband, who had been employed there. Rejecting the State's argument that the restriction was intended to protect women from exploitation and workplace harassment, Justice P Gopinath observed that women's safety cannot be ensured by excluding them from particular professions. Instead, the State has an obligation to create safe working conditions and address the risks of harassment and discrimination. Read the order here.
Supreme Court Questions Gender-Binary Recruitment Notifications for Delhi Teaching Posts
The Supreme Court questioned the Delhi Government and the Delhi Subordinate Services Selection Board (DSSSB) over recruitment notifications that classify teaching vacancies separately for male and female candidates without providing a category for transgender persons. In the case of Jane Kaushik v. Lieutenant Governor, NCT of Delhi (SLP (C) No. 12480/2026), the Court sought clarification on the recruitment rules governing these notifications and whether any constitutional provision, statute or service rule requires teaching vacancies to be advertised on the basis of gender. It also questioned the rationale for dividing vacancies between male and female candidates if no such legal requirement exists. It also asked how transgender persons would be accommodated in public employment. The authorities were directed to file affidavits addressing these issues. The Court had earlier granted Jane Kaushik interim relief by allowing her to apply for teaching posts under the transgender category, irrespective of the gender specified for a particular vacancy. The proceedings rightly highlight the need for inclusive hiring practices that ensure transgender applicants are not denied opportunities in public employment. Read the Order here.
NHRC Issues Advisory on Women's Safety at Work and Public Spaces
On 23 October 2026, the National Human Rights Commission (NHRC) issued an Advisory on Women's Safety at Work and Public Spaces, addressed to ten Union Ministries, the Railway Board and the Chief Secretaries and Administrators of all States and Union Territories. The Advisory recognises that despite the existence of legal safeguards against discrimination and sexual harassment, women's safety in workplaces and public spaces continues to be a significant concern. It indentified eight key areas. These include raising awareness on topics of women’s safety and sexual harassment, infrastructure, encouraging bystander intervention, the role of the police, survivor support, cybercrime against women, long-term reforms and other measures. The recommendations call for a coordinated approach involving different departments to ensure women's constitutional entitlement to justice and equal opportunities. The NHRC has also sought Action Taken Reports from the authorities within two months on the progress of implementation. The Advisory highlights that women's safety must be addressed through infrastructural responses and reforms, in order to ensure women's meaningful participation in public and professional life. Read the press release here
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