'Life & Its Consumption Includes Necessary Hygiene & Sanitation': Allahabad High Court In Plea For Construction Of Ladies' Toilets In Police Stations

The observation was made by a Division Bench comprising of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery while hearing a PIL filed by certain law students, seeking direction to the Uttar Pradesh Government to ensure construction of ladies' toilets in each Police Stations in the state.

The Division Bench noted that the plea raises an "important issue" relating to availability of basic amenities at different police stations in the State of Uttar Pradesh for female police personnel and women accused.

On a perusal of the petition, the Court noted that most of the police stations in the State of Uttar Pradesh are not having adequate amenities for female police personnel at their workplace and the conditions at the police stations situated in rural areas are much more bad.

Concerned by the same, the Bench reminded the state authorities of the observations made by the Supreme Court in Virender Gaur & Ors. v. State of Haryana & Ors., (1995) 2 SCC 577. In this case, the Top Court had elucidated the link between right to life, human dignity and right to hygiene in the following words:

"The word 'environment' is of broad spectrum which brings within its ambit "hygienic atmosphere and ecological balance." It is, therefore, not only the duty of the State but also the duty of every citizen to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment.

Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution…Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment."

Background

The plea, inter alia, sought direction to the State Government to ensure that toilets are constructed in Police stations and they have all the necessary facilities like toiletries running water, electricity, fan, doorknob with keeping in view the privacy and dignity of women.

When the matter was first heard on February 3, a Bench of Justices Jayant Banerji and Sanjay Yadav had directed the Standing Counsel appearing for the State Government to seek instructions and also place status report as to how many Police Stations in the State are not having toilets for women.

On Wednesday, the Standing Counsel submitted that a complete project has been undertaken by the State of Uttar Pradesh to provide basic amenities to female police personnel and work in pursuance thereto is in progress.

As per the proposed project, one toilet/washroom is to be constructed against four female employees. At 51 police stations, construction work is in progress to have toilets/washrooms for females. At 291 police stations, work for construction of visitors room is in progress. The visitors rooms are also having facility of toilet and washroom. At 394 police stations, approval has already been granted much back in the year 2001-02 to have a separate mahila police room with toilet.

Thus, the Standing Counsel submitted that on completion of the project, female police personnel shall be having adequate facilities relating to washrooms, toilets, etc.

No immediate Steps

The Division Bench however expressed its dissatisfaction with the State's response. It noted that the abovementioned proposed project has been pending finalization since long but no immediate steps are forthcoming to secure the rights of women employees or women accused.

"So far as the project noticed above is concerned, we would like to state that the same is pending finalization since long. The issue before us is immediate availability of toilets/washrooms and other essential amenities for female police personnel at different police stations. Nothing has been stated in this regard on behalf of the State," the Bench said.

It has now granted 5 days' time to the State to apprise the Court about the immediate steps being taken to meet the urgent requirement of having toilets at different police stations, with complete hygiene.

The matter is listed for hearing on February 22, 2021.

Case Title: Anjali Pandey & Ors. v. State of UP & Ors.

Click Here To Download Order

Read Order