Access To Hygienic Public Toilets Part Of Right To Life: Delhi High Court Proposes Surprise Inspections By Social Work Students

The Delhi High Court has observed that the right to access hygienic public toilets is part of the right to life while proposing a mechanism involving social work students to conduct surprise inspections of public toilets across the Municipal Corporation of Delhi (MCD) area.

A Division Bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma said that despite the efforts made by the authorities, the condition of public toilets was not satisfactory, resulting in repeated complaints before the Court.

“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 observed.

The Court was hearing a plea filed by Jan Seva Welfare Society concerning the improvement, maintenance and hygiene of public toilets.

The Bench noted that the authorities were required not only to maintain the existing public toilets but also to ensure that sufficient facilities were available in proportion to the population in the MCD area.

The Court was informed that the MCD area is divided into 12 zones, each headed by a Deputy Commissioner. It was told that while the Chief Engineer (Logistics) is responsible for providing infrastructural and logistical support, the final authority concerning sanitation and maintenance of public toilets rests with the Additional Commissioner.

The MCD informed the Court that it had initially attempted to monitor sanitation facilities through geotagging. Subsequently, it engaged an institution in Chennai on a pilot basis in two zones, with the results claimed to be satisfactory.

However, the Bench observed that the results of the authorities' efforts had not met expectations.

“The fact remains that, despite the efforts being made by the respondents, the results are not to the satisfaction which led, time and again, complaints being brought before this court,” it said.

The Court clarified that it was not its role to supervise the day-to-day functioning of the authorities to determine whether their statutory duties were being discharged adequately. It therefore proposed a monitoring mechanism involving three social work institutions.

The institutions identified were the Department of Social Work at the University of Delhi, Jamia Millia Islamia College of Social Work, and Aditi Mahavidyalaya, which functions under the aegis of the University of Delhi.

The Bench requested the heads of the three institutions to constitute teams comprising both male and female students to conduct surprise inspections of public toilets.

It said that after the inspections, the teams would submit reports, along with photographs documenting the condition of the facilities, to the Additional Commissioner in charge of sanitation.

“Based on these reports, the Additional Commissioner shall initiate appropriate steps in the matter and, in case any default is noticed, shall hold the Deputy Commissioner of the concerned zone answerable,” the Court said.

If also directed that the students be paid an honorarium to cover conveyance, photography and other incidental expenses incurred during the inspections.

The Bench further indicated that if repeated defaults were found in the structural maintenance and hygiene of public toilets, the authorities would have to disclose the action proposed against the Deputy Commissioner concerned and the Chief Engineer responsible for logistical support.

“We further want the respondent officers of the MCD to note that, in case there is a failure in providing financial support to the aforesaid project, this Court would be taking serious note of the same. After the responses of the officers are received, the Court shall pass appropriate orders in the matter,” the Court said.

The matter has been listed for further hearing on November 02.