'Toilet Facilities Are Basic Human Rights Under Article 21: Bombay HC Directs Civic Body To Improve Sanitation In Mumbai's Slum Areas

The Bombay High Court has held that access to adequate sanitation and toilet facilities constitutes a basic human right forming an integral part of the right to life and dignity guaranteed under Article 21 of the Constitution, even in slum areas created by encroachment on municipal land. The Court observed that once large populations reside in slums, whether authorised or unauthorised, the Municipal Corporation cannot abdicate its statutory and constitutional obligations to provide and maintain basic civic amenities. Justices G. S. Kulkarni and Aarti Sathe were hearing a writ petition highlighting the deplorable condition of sanitation facilities in Buddha Nagar, Govandi, Mumbai, a large slum area situated on land belonging to the Municipal Corporation of Greater Mumbai (MCGM). The petitioners pointed out that the area measured about 1,83,000 sq. metres, housed over 4,000 residents, and had only 60 toilet seats, many of which were in a dilapidated and unhygienic condition. Despite a work order issued in 2019 under the Slum Sanitation Programme for construction of toilets, no effective maintenance or repair was undertaken. The Court found the grievance to be well-founded and held that the pendency or existence of a slum rehabilitation scheme for a small portion of land cannot justify neglect of basic amenities for the larger slum population. The Court reiterated that even in slum areas, municipal authorities retain full authority and responsibility under the Mumbai Municipal Corporation Act, 1888, to provide civic services. It observed:“… even in the area in question which is stated to be a slum area and more particularly when the entire land is belonging to the municipal corporation, the municipal corporation would be required to cater to all the basic requirements of not only providing adequate number of toilets commensurate with the population of the area, but also maintain such toilets so that the hygiene and health of the slum dwellers is looked after.”The Court noted that providing only 60 toilet seats for a population exceeding 4,000 was grossly inadequate by any standard and reflected a serious dereliction of duty by municipal officers. The Court emphasised that sanitation is not a matter of charity or convenience, but a constitutional obligation, and breach of such an obligation would breach the fundamental rights guaranteed under Articles 14 and 21 of the Constitution. It held that permitting encroachments to culminate in slums does not absolve the State or the Municipal Corporation from ensuring hygiene, public health, and human dignity. “… making adequate provisions for toilets/sanitation facilities concerns the basic human rights under Article 21 of the Constitution, this notwithstanding the fact that the area in question is a slum created by encroachment on the land belonging to the municipal corporation,” the Court observed,Accordingly, the High Court directed the MCGM to identify open spaces within the slum area and construct additional toilet blocks commensurate with the population within two months. It further directed immediate repair, upkeep and daily maintenance of existing toilet blocks, with strict supervision by the concerned Assistant Municipal Commissioner. Case Title: Chetan Samajik Pratishthan & Anr. v. The Municipal Corporation of Greater Mumbai & Ors. [WRIT PETITION NO. 4225 of 2024 AND INTERIM APPLICATION NO.6016 OF 2025]Click Here To Read/Download Order

'Toilet Facilities Are Basic Human Rights Under Article 21: Bombay HC Directs Civic Body To Improve Sanitation In Mumbai's Slum Areas

Saksham Vaishya

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