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Synopsis

The Delhi High Court, recently, directed the Public Works Department (PWD) to conduct a thorough inspection of all jail washrooms and toilets and submit proposals for any required repair or renovation work within an additional two weeks. 

The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela held, “The Public Works Department, GNCTD is directed to carry out a thorough inspection of all Jail Complexes across Delhi regarding the conditions of washrooms/toilets within two weeks from today and if any repair/renovation work is required, suitable proposals be moved in this regard within further period of two weeks”. 

The court made such observations after acknowledging the report of ‘Inspecting Judges of all the sixteen Jail Complexes’. The court observed that no manual scavenging activities were reported, and the drinking water facilities were found to be adequate in all Jail Complexes. However, it was noted that the conditions of the washrooms and toilets in most of the Jail Complexes were unsatisfactory. The reports also revealed that the cleaning of these facilities was being conducted voluntarily by inmates, with some receiving inadequate remuneration. Furthermore, there was a lack of proper cleaning equipment and some washrooms/toilets required renovation.

In response, the court issued the following directions:
“(a) The GNCTD is directed to appoint adequate staff/manpower for cleaning the washrooms/toilets in each of the Jail Complexes. GNCTD may even consider seeking assistance from NGOs or employing people on contractual basis for this purpose.
(b) In all Jail Complexes, where cleaning work is being performed voluntarily by the Jail inmates, they should be suitably paid according to the minimum wages fixed by the Government for unskilled labour or as per the wages fixed/stipulated in the Jail Manual as applicable. Additionally, DG (Prison) and the concerned Jail Superintendent should ensure that suitable cleaning gears, including gloves, masks, boots and other toiletries be provided to such inmates involved in the voluntary cleaning work of washrooms/toilets. It is to be ensured that no manual scavenging is imposed upon inmates.
(c) …The renovation work be carried out in phased manner so as to ensure that the washrooms/toilets remain available for the use of the inmates at all times. The entire renovation process must be completed within four months from the date of this order.
(d) Septic Tanks, if required, shall be constructed forthwith. If keeping in view the number of inmates, the number of washrooms/toilets is to be increased, the same shall be done expeditiously”. 

Accordingly, the court disposed of the petition with directions to the Government to file an action taken report within eight weeks. 

Case Title: Anuj Malhotra v Govt Of NCT