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IN THE HIGH COURT OF BOMBAY
A.S. OKA & REVATI MOHITE DERE, JJ.
Milun Suryajani & Ors. - Petitioners
Versus
Pune Municipal Commissioner & Ors. - Respondents
Public Interest Litigation No. 98 of 2011
Decided on : 23-12-2015
The PIL was filed by the petitioners seeking directions to the respondent Municipal Corporations to provide and maintain latrines, privies and urinals and other similar conveniences for the women walking on the streets. The Court observed that the issue raised in the PIL is of extreme importance, as it revolves around the health and the rights of women to have public toilets at various places in a clean and hygienic condition. The Court held that improvement of public health is a primary duty of the State and that the Municipal Corporations have a corresponding right created in favour of citizens to have reasonable and adequate toilets maintained in a clean and hygienic condition. The Court further held that the Supreme Court has expanded the scope of the fundamental right under Article 21 and has included in Article 21 the right to live with dignity and “all the necessities of life such as adequate nutrition, clothing, health, etc.”. The Court also held that the right conferred by Article 21 cannot be meaningful if facilities of clean toilets and hygienic toilets are not provided to a woman walking on streets. The Court directed all the Municipal Corporations to formulate a comprehensive scheme for construction of toilets/urinals/restrooms/privies for women walking on the streets and to constitute a Committee under the Chairmanship of the Commissioner/Additional Municipal Commissioner for the purpose of formulating the scheme. The Court also issued various directions to the Municipal Corporations, including directions to ensure that the toilets are designed with a proper floor plan, keeping in mind the facilities that are required to be provided; to provide for private-public partnership for construction and maintenance of toilets; to provide for payment of charges for the use of the facilities; to identify the locations for construction of such toilets after conducting a survey; to take steps to have the toilet designed, keeping in mind the location of such toilets; to ensure that there is proper ventilation and preferably natural light without compromising on the privacy, security and safety of women; to provide for separate entrance for women's toilets; to provide basic facilities like continuous supply of water and electricity, soap dispensers, mirrors, toilet papers, hand dryers, sanitary disposal dustbins, basins, normal dustbins and exhaust fans; to appoint a lady attendant in each of such toilets; to ensure cleanliness of toilets and peripheral areas; to install CCTV cameras outside the toilets; to fix reasonable charges for the 'Pay and Use' toilets; to make such toilets available 24X7 or from morning to night; to create a grievance redressal mechanism; to set up a system of tracking for citizens to track the action taken by the Corporation on the basis of the complaints received; to ensure that there is no defacement of the exterior or within the interior of such toilets; to cater to the needs of the disabled; to submit audit reports every year; to device a mechanism for accountability for failure to keep the toilets in a clean and hygienic condition; to involve companies in construction and maintenance of such toilets under the Corporate Social Responsibility (CSR)/Public Private Partnership (PPP); to give wide publicity to the provision of public toilets for women; and to file compliance reports before the Court.
Fact of the Case:
The petitioners filed a PIL seeking directions to the respondent Municipal Corporations to provide and maintain latrines, privies and urinals and other similar conveniences for the women walking on the streets.
Finding of the Court:
The Court held that improvement of public health is a primary duty of the State and that the Municipal Corporations have a corresponding right created in favour of citizens to have reasonable and adequate toilets maintained in a clean and hygienic condition. The Court further held that the Supreme Court has expanded the scope of the fundamental right under Article 21 and has included in Article 21 the right to live with dignity and “all the necessities of life such as adequate nutrition, clothing, health, etc.”. The Court also held that the right conferred by Article 21 cannot be meaningful if facilities of clean toilets and hygienic toilets are not provided to a woman walking on streets.
Issues: The issues raised in the PIL were whether the Municipal Corporations have a duty to provide and maintain latrines, privies and urinals and other similar conveniences for the women walking on the streets; whether the right to live with dignity under Article 21 includes the right to have access to clean and hygienic public toilets; and what directions should be issued to the Municipal Corporations to ensure that women have access to clean and hygienic public toilets.
Ratio Decidendi: The Court held that the Municipal Corporations have a duty to provide and maintain latrines, privies and urinals and other similar conveniences for the women walking on the streets. The Court further held that the right to live with dignity under Article 21 includes the right to have access to clean and hygienic public toilets. The Court issued various directions to the Municipal Corporations, including directions to ensure that the toilets are designed with a proper floor plan, keeping in mind the facilities that are required to be provided; to provide for private-public partnership for construction and maintenance of toilets; to provide for payment of charges for the use of the facilities; to identify the locations for construction of such toilets after conducting a survey; to take steps to have the toilet designed, keeping in mind the location of such toilets; to ensure that there is proper ventilation and preferably natural light without compromising on the privacy, security and safety of women; to provide for separate entrance for women's toilets; to provide basic facilities like continuous supply of water and electricity, soap dispensers, mirrors, toilet papers, hand dryers, sanitary disposal dustbins, basins, normal dustbins and exhaust fans; to appoint a lady attendant in each of such toilets; to ensure cleanliness of toilets and peripheral areas; to install CCTV cameras outside the toilets; to fix reasonable charges for the 'Pay and Use' toilets; to make such toilets available 24X7 or from morning to night; to create a grievance redressal mechanism; to set up a system of tracking for citizens to track the action taken by the Corporation on the basis of the complaints received; to ensure that there is no defacement of the exterior or within the interior of such toilets; to cater to the needs of the disabled; to submit audit reports every year; to device a mechanism for accountability for failure to keep the toilets in a clean and hygienic condition; to involve companies in construction and maintenance of such toilets under the Corporate Social Responsibility (CSR)/Public Private Partnership (PPP); to give wide publicity to the provision of public toilets for women; and to file compliance reports before the Court.
Final Decision: The Court directed all the Municipal Corporations to formulate a comprehensive scheme for construction of toilets/urinals/restrooms/privies for women walking on the streets and to constitute a Committee under the Chairmanship of the Commissioner/Additional Municipal Commissioner for the purpose of formulating the scheme. The Court also issued various directions to the Municipal Corporations, as mentioned above.
Revati Mohite Dere, J.
1. This Public Interest Litigation filed under Article 226 of the Constitution of India raises certain important questions with regard to the toilet facilities for `women walking on the streets'. The petitioners had initially preferred this PIL only against the Pune Municipal Corporation and its Officers and certain reliefs/directions were sought against the Pune Municipal Corporation. The reliefs sought were a writ of mandamus or writ in the nature of mandamus or appropriate direction to the Pune Municipal Corporation to provide and maintain latrines, privies and urinals and other similar conveniences for the women walking on the streets, in Pune, at appropriate and convenient locations; and for a direction to the respondent Pune Municipal Corporation to acquire land/property under the Land Acquisition Act or under the Maharashtra Regional and Town Planning Act, or alternatively to use the property vested in the Corporation for the purpose of achieving the objects set out in prayer clause (A) of the PIL. Considering the issues raised in the present PIL, this Court vide order dated 1st August, 2014 permitted the petitioners to amend the petition and include all the Municipal Corporations within the State of Maharashtra as party-respondents. Accordingly, amendment was carried out and all the respondent-Corporations in the State of Maharashtra were made party-respondent Nos. 3 to 14. Accordingly, the prayers were also amended for issuing directions to all the Corporations i.e. respondent Nos. 3 to 14. Pursuant to the directions issued by this Court, almost all the respondent Municipal Corporations have filed their reply affidavits with regard to the steps taken by them, to provide facilities for latrines, privies and urinals `for women walking on the streets'.
2. Considering the important issues raised in this PIL, rule was granted and certain interim directions were given by this Court vide order dated 19th December, 2014. In the said order dated 19th December, 2014, every Municipal Corporation was directed to evolve its own Scheme for providing facilities of clean toilets/washrooms for the benefit of women walking on the streets, keeping in mind the availability of suitable locations and various other relevant factors. It was observed that as was done by the Pune Municipal Corporation, local level or ward level Committees were to be established on which, NGOs of women were to be given representation, to ensure that women organizations take initiative, by making periodical visits to such toilets constructed by the Municipal Authorities, and for ensuring that the same are properly maintained and are in clean condition. Before formulating the Scheme, the Municipal Corporations were to make an endeavour to call a meeting of local NGOs working for the women in the respective cities. The Municipal Authorities were to ensure that before evolving the Scheme, which would be implemented in a phase-wise manner, suggestions of NGOs working in the said field are considered and NGOs were permitted to participate in the said Scheme, right from the stage of planning of toilets/washrooms for women walking on the streets, and in ensuring cleanliness and maintenance of the facilities so provided. All Municipal Corporations were also directed to consider making a budgetary provision which would take care of the construction of the facilities in a phase-wise manner and the maintenance thereof. The Municipal Corporations were also to consider providing e-toilets depending upon the local situation. As regards fixing the rate of charges for using the said facilities, each Municipal Corporation was to take care of the cost of construction and the cost of proper maintenance of the facilities. It was observed that the rates, however, should not be such that a common woman would not be in a position to use the said facilities. However, the discretion was left to the Municipal Authorities, considering the fact that the toile
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