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Synopsis

The Rajasthan High Court’s Jaipur bench (HC) has taken suo motu cognizance of the lack of adequate and hygienic public washrooms for women, noting the severe health implications of the issue. A Single judge bench comprising Justice Anoop Kumar Dhand, highlighted that the lack of basic sanitation facilities for women violates their fundamental right to life and dignity under Article 21 of the Constitution.

The case was initiated following a news report in a Hindi daily on November 27, 2024, titled “Toilet Jane Ke Dar Se Kamkaji Mahilaye Kam Pe Rahi Pani” (Working Women Restricting Water Intake Due to Fear of Toilet Accessibility). The report revealed that many women, due to the lack of accessible and clean public toilets, are forced to delay urination or avoid drinking water altogether, resulting in a range of health issues.

The court acknowledged these health risks, including urinary tract infections, kidney stones, and other uro-gynecological problems, which arise when women are unable to use a restroom during daily activities. The court further underscored, “Not only are the basic infrastructure/facilities lacking, but even those provided are far from satisfactory. Infact, they are sub-standard. The toilet problems are further aggravated because of inappropriate locations, bad design, poor maintenance and management of existing facilities, lack of toilet attendants, water, electricity, security, safety, cleanliness and hygiene, etc.”

The court referenced the ancient text Manusmriti, citing the verse “yatra nāryastu pūjyante ramante tatra devatāḥ…” which translates to, “Where women are respected, even Gods are pleased to dwell there.” It emphasised that a woman’s right to a clean and safe toilet is essential to her right to live with dignity. The court further remarked, “It is vital to create an environment where women can live and work without fear of discrimination and degradation.”

The court criticized both the Central and State Governments for failing to provide sufficient public toilet facilities despite numerous schemes and provisions under the Rajasthan Municipalities Act, 2009, and Article 47 of the Constitution. It also referred to international human rights standards, including the WHO's recognition of health as a fundamental human right, which includes adequate sanitation.

“Limited opening hours, unequal distribution and inappropriate location of facilities result in people declaring ‘there's never a public toilet when you want one’,” the court highlighted.

In furtherance, the court directed the issuance of show cause notices to both the Central and State Governments, urging them to submit reports on the measures taken to address the issue of inadequate public toilets for women.

The HC also issued the following directions:

Comprehensive Toilet Scheme: Municipalities must develop a plan for women-friendly toilets at key locations, ensuring accessibility, safety, and cleanliness.

Design Specifications: Toilets should be well-lit, ventilated, secure, and environmentally friendly, with solar panels where possible.

Facilities Provided: Toilets must include hygiene essentials and be regularly cleaned, with a lady attendant for maintenance.

Public-Private Partnerships: Collaboration with private entities for funding and maintenance is encouraged.

Grievance Redressal: A system to address complaints and track actions taken must be established.

Incentives and Accountability: Municipalities should ensure maintenance and accountability, with incentives for high standards and penalties for failures.

Accessibility for Disabled: New toilets should cater to disabled individuals' needs.

Public Awareness: Corporations must publicise toilet locations and facilities through various media channels.

The matter has been listed for the next hearing on January 7, 2025.

 

Cause Title: Suo Motu: In the matter of Dignity, Respect & Honour Girls and Women v Union of India and Others