JUDGMENT :

Sanjay Karol, J.

Following issues arise for consideration:-

1. Whether the failure of the authorities to finalize the setting up of Petrol Pumps leads to a violation of rights vested in travellers?

2. Within the expanding area of Right to Life, does an entitlement of the right to sanitation arise, more so on the Highway, be it setting up of Petrol Pumps and providing facilities therein or otherwise?

3. What is the nature of obligations imposed upon the State to ensure the availability and upkeep of sanitation facilities on the Highways?

2. Our discussion, herein later, in relation to several statutes/orders/guidelines/circulars unmistakably points to the obligation on the part of the State (all stakeholders) in establishing sufficient facilities for sanitation and personal care on the Highways, be it on the Petrol Pumps or otherwise. Even earlier, we had emphasized the need for setting up of such facilities both on the National and the State Highways.

3. How would a lactating mother travelling from Kishanganj (farthest District from the capital city of Bihar) to Patna (capital city) feed an infant or ease off herself without any such facilities available on the Highways? How would a patient travelling from Kaimur to Patna, the nearest State Level Hospital, undertake such journey without using such facilities on the Highways? How would, a woman, travelling even in a private transport to a tourist destination, such as Nalanda; Gaya; Madhubani; Bithiharwa; West Champaran; Vikramshila; Tomb of Sher Shah Suri at Sasaram and other places of interest, including different religious places of importance of Hinduism, Buddhism, Jainism, Sikhism, Islam, travel without any amenities in Bihar? Manersharif at Maner, Patna is an international attraction for people hailing from the Islamic faith; the famous University of Nalanda which occupies an important place in India’s rich and diverse history is also a place often visited by tourist both from within and outside the country. None have thought of having facilities of public concern to such places. It is so unfortunate that in the land of Dr. Bindeshwar Pathak, who revolutionized the public health, hygiene and sanitation concept in India by establishing Sulabh Sauchayalas throughout the country that public toilets and proper sanitation facilities are nowhere to be seen.

4. Unlike women, men shamelessly stand on the Highways to ease off themselves, but a society cannot expect the same from the former and therefore it is an urgent duty upon the State/its instrumentalities to ensure that such needs, which are the very definition of basic needs, are met.

5. Many such questions concerning the lay person and their ease of travel have led us to pass numerous orders. In light of many such pertinent questions, we deem it fit to also issue certain directions.

6. It is brought to our notice that despite earlier orders passed by this Court, to make available public conveniences on the Highways, more so the National Highways, and to set up Petrol Pumps having such facilities remains to be achieved. Considerable time has passed since the last order; hence, we are constrained to pass a detailed order, highlighting the obligations upon the State, the need for such conveniences and the socio-economic benefits arising out of the availability of these facilities.

7. The relevant portion of our order dated 25 March 2021 is extracted below:-

“Repeatedly, in our several orders, we have emphasized the need of setting up of places of public conveniences on the National Highways. Also, the need for setting up of Petrol Pumps having such facilities. The Ministry of Petroleum of the National Highway Authority of India have a workable plan providing such facilities, which surely, when implemented in the State of Bihar would not only boost its economy, but also generate employment so as to check migration of the residents of Bihar, seeking employment outside the State. We cannot forget that all arterial roads to East/No