Delhi HC argues hygienic public toilets part of right to life: A practical reader guide

SC asks authorities to set up to 2 special courts to deal: Legal case and next steps

New Delhi, Asserting that access to hygienic public toilets is part of the right to life, the Delhi High Court has proposed a surprise inspection of such toilets in areas under the Municipal Corporation of Delhi by a team of students of three social work colleges.

The court observed that despite efforts by the MCD to ensure hygiene and structural maintenance in its public toilets, the results were not satisfactory, and suggested that the additional commissioner in charge of sanitation would initiate appropriate steps based on the inspection reports. Underscoring that it was the MCD’s statutory duty to provide hygienic public toilets, the bench iterated, “It is not for this court to supervise the day-to-day functioning of the respondent as to whether they are discharging their statutory duties up to the mark. Just to have a check, this court proposes to put … mechanism in order.”

“Apart from the obligations imposed under the Directive Principles of State Policy enshrined in the Constitution, the right to access hygienic public toilets includes Right to Life,” the court said.

The court listed the matter for hearing on November 2 and sought the stand of the heads of the three social work colleges and the MDC officials on the proposal before passing an appropriate order. As part of the proposal, the court made the deputy commissioner concerned answerable for a default and clarified that in case of consecutive defaults, the authorities shall indicate the action proposed to be initiated against the responsible officials. In case there is a failure in providing financial support to the project, this court would be taking serious note of the same, the order added.