Rajasthan High Court: While taking suo motu cognizance based on a news report published in the Rajasthan Patrika newspaper and initiating a writ petition as a Public Interest Litigation (PIL) to address the lack of adequate public sanitation facilities for women, a single-judge bench of Anoop Kumar Dhand, J., gave directions and issued show cause notices to the respondents to explain why the directions issued by this Court should not be implemented.
The Court noted that ancient Indian texts like the Manusmriti and Vedic literature highlighted the respect and equality women historically held in society and stated that “where women are given due respect, even Gods like to reside there.” It was stated that the current patriarchal societal structure has marginalized women, creating disparities in basic facilities, including sanitation.
“Women are the backbone for any progressive nation. Ancient literature like Vedas, Brahmana, Upanishad, Grihya Sutra, Dharmasastra and Epics, Smritis and Puranas have placed women with utmost respect and integrity. Earlier civilization evidence emphasised the status of women were at par with the men. In long-standing history of India, women always catered key role in the history of mankind.”
The Court stated that women frequently face challenges due to a lack of clean, safe, and accessible public toilets. Poor sanitation leads to health issues such as urinary tract infections (UTIs) and other urological and gynecological problems. Social and safety concerns force women to delay urination or avoid drinking water, exacerbating health risks. The Court further stated that working women, caregivers, and those traveling frequently also faces disproportionate challenges due to inadequate facilities.
“In the era of globalization, when the civilization has reached into the 21st century and the status of women is still being defined by patriarchy society, the women are still fighting and finding to have a place in the society.”
The Court noted that Article of the imposes a duty on the State to improve public health. The obligates local bodies to ensure proper sanitation facilities. WHO emphasises on health as a fundamental human right, inclusive of adequate sanitation. The Court stated that India’s commitment to international treaties further obligates it to prioritize public health and sanitation.
The Court held that women have a fundamental right to clean, safe, and accessible public toilets, integral to their dignity, health, and participation in society. The Court emphasised the paramount duty of the State and municipal authorities to ensure the provision of clean, hygienic, and user-friendly public toilets, especially for women. The Court stated that denying access to toilets undermines women’s health and dignity, violating Article of the .
“Women have the right to have safe and clean toilets at all convenient places, which in a way impacts their right to live with human dignity. One of the paramount duty of the State and the Corporations is to improve public health by providing toilets for women at all convenient places.”
The Court stated that the State must take active measures to rectify this systemic failure. The Court directed the Central and State Governments to ensure the construction, maintenance, and equitable distribution of public toilets, with special attention to women’s needs, including menstruation and caregiving responsibilities.
The Court issued show cause notices to the respondents as to why the following directions be not issued to them. The key directives included —
All municipal corporations, councils, and boards must formulate a detailed scheme for the construction and maintenance of toilets for women in public spaces, workplaces, and schools.
Committees led by municipal commissioners must be constituted, including representatives from NGOs, women municipal councilors, and relevant municipal officials. The Committee shall formulate a comprehensive scheme from the identification of the spot to construction of such toilets which shall include the management and maintenance of the toilets and emphasis should be on providing proper facilities at the right places where they are needed the most.
Toilets must be located in accessible, safe, and well-lit areas such as bus stops, parks, railway stations, and government offices.
Emphasis should be on quality over quantity, incorporating environmental and user-friendly measures like solar panels.
Toilets must be equipped with continuous water and electricity, soap dispensers, mirrors, sanitary disposal bins, and sanitary product dispensers.
Adequate cleanliness measures, such as hourly cleaning schedules and trained female attendants, are mandated.
A lady attendant should be deputed in each of such toilets, to ensure that the toilets are kept in a clean and hygienic condition.
CCTV cameras outside toilets for security without compromising privacy.
Inspection cards, grievance redressal mechanisms, and a system for complaint resolution are to be implemented.
Publicity campaigns to raise awareness about public restroom availability.
Regular audits and reports on expenditure and maintenance to ensure accountability.
Corporations shall endeavor to involve companies in construction and maintenance of such toilets and may formulate a separate scheme with involvement of such companies under the Corporate Social Responsibility (CSR)/Public Private Partnership (PPP).
The Court listed the matter for the next date of hearing on 07-01-2025 for further directions.
[Dignity, Respect & Honour of Girls and Women, In Re, Decided on 03-12-2024]
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