Case Note & Summary
A public interest litigation was filed in the High Court of Judicature at Bombay under Article 226 of the Constitution of India, raising critical issues regarding the lack of adequate toilet facilities for women walking on the streets. The petitioners, including a trust and social activists, initially sought relief against the Pune Municipal Corporation, requesting a writ of mandamus to provide and maintain latrines, privies, and urinals at convenient locations. The court subsequently permitted amendment to implead all municipal corporations in Maharashtra as respondents. The matter highlighted the violation of women’s right to health and dignity due to insufficient public sanitation. After rule was granted, the court issued interim directions on 19th December 2014, requiring each municipal corporation to formulate schemes for providing clean toilets, with involvement of NGOs and local committees, and to make budgetary provisions. The judgment examined constitutional and statutory mandates, particularly Article 21, Article 47, Section 63 of the Maharashtra Municipal Corporations Act, 1949, and Section 61 of the Mumbai Municipal Corporation Act, 1888. The court reasoned that improvement of public health is a primary duty of the State under Article 47, and the right to life under Article 21 encompasses the right to live with dignity, which includes access to clean sanitation facilities. Obligatory duties cast upon municipal corporations to construct and maintain public conveniences create a corresponding right in citizens. Relying on precedents, the court expanded the scope of Article 21 to include necessities such as health and sanitation. In its final decision, the court allowed the PIL and issued directions to all municipal corporations to ensure provision, maintenance, and cleanliness of public toilets for women, with periodic monitoring and community participation, thereby reinforcing the fundamental right to sanitation.
Headnote
A) Constitutional Law - Right to Health and Dignity - Article 21, Constitution of India, 1950 - Obligation of State to Provide Sanitation Facilities - The court held that the right to life under Article 21 includes the right to live with dignity and access to necessities such as health and sanitation; thus, the state has a duty to provide adequate and hygienic public toilet facilities for women. (Paras 6)
B) Municipal Law - Obligatory Duties of Municipal Corporations - Section 63, Maharashtra Municipal Corporations Act, 1949; Section 61, Mumbai Municipal Corporation Act, 1888 - Provision of Public Latrines and Urinals - The court noted that these sections mandate the municipal corporations to construct, maintain and cleanse public latrines and urinals, creating a corresponding right for citizens to have such facilities. (Paras 4-5)
C) Public Interest Litigation - Interim Directions - Article 226, Constitution of India - Scheme for Providing Toilets - The court granted rule and directed all municipal corporations to evolve schemes for providing clean toilets/washrooms for women walking on streets, involving NGOs, with budgetary provisions and reasonable user charges. (Para 2)
Issue of Consideration
Whether municipal corporations have an obligation under law to provide adequate and hygienic toilet facilities for women walking on streets? Whether the right to health and dignity under Article 21 includes the right to access clean public toilets?
Final Decision
Allowed the PIL and directed all municipal corporations in Maharashtra to provide, maintain and keep in clean condition adequate number of public toilets for women, with involvement of NGOs and periodic monitoring, and to make necessary budgetary provisions.
Law Points
- Right to health under Article 21 includes right to sanitation and public toilets
- Statutory duty of municipal corporations under Maharashtra Municipal Corporations Act and Mumbai Municipal Corporation Act to construct and maintain public latrines
- Article 47 mandates state to improve public health
- Directive Principles can guide interpretation of fundamental rights
Case Details
2015 LawText (BOM) (12) 72
Public Interest Litigation No. 98 of 2011
A. S. Oka, Revati Mohite Dere
Kalyani Tulankar, Sugandh B. Deshmukh, Abhijit P. Kulkarni, Manoj Badgujar, Trupti Puranik, Pooja Singh, N. R. Bubna, Sandeep V. Marne, Vaibhav Prakash Patankar, Anoop Patil, Vaibhav Anant Sugdare, A. S. Rao, Prashant Kamble
Milun Suryajani, Niramay Public Charitable Trust, Vidya Bal
Pune Municipal Commissioner, Pune Municipal Corporation, Mumbai Municipal Corporation of Greater Mumbai, Thane Municipal Corporation, Navi Mumbai Municipal Corporation, Kolhapur Municipal Corporation, Nasik Municipal Corporation, Aurangabad Municipal Corporation, Dhule Municipal Corporation, Jalgaon City Municipal Corporation, Nagpur Municipal Corporation, Amravati Municipal Corporation, Chandrapur Municipal Corporation, Akola Municipal Corporation
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Nature of Litigation
Public Interest Litigation under Article 226 of the Constitution of India seeking directions for provision of toilet facilities for women walking on streets.
Remedy Sought
Petitioners sought a writ of mandamus directing the Pune Municipal Corporation to provide and maintain latrines, privies and urinals for women at convenient locations, and later amended to include all municipal corporations in Maharashtra.
Filing Reason
Lack of adequate and clean toilet facilities for women walking on streets, violating their right to health and dignity.
Previous Decisions
This Court (Bombay High Court) vide order dated 1st August 2014 permitted amendment to include all municipal corporations; rule granted and interim directions given on 19th December 2014 directing all corporations to evolve schemes.
Issues
Whether the municipal corporations have an obligatory duty to provide adequate and hygienic toilet facilities for women walking on the streets?
Whether the right to life under Article 21 includes the right to access clean public toilets as a facet of right to health and dignity?
Submissions/Arguments
Petitioners submitted that the lack of clean and accessible public toilets for women constitutes a violation of their fundamental right to life and dignity under Article 21 of the Constitution.
Respondent municipal corporations filed affidavits outlining the schemes and measures undertaken to provide and maintain such facilities, contending that they were fulfilling their obligations.
Ratio Decidendi
The right to life under Article 21 includes the right to live with dignity and access to sanitation, making it obligatory for municipal corporations under their respective statutes to provide adequate and hygienic public toilet facilities for women, and the State has a duty under Article 47 to improve public health.
Judgment Excerpts
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'.
Article 47 of the Constitution of India makes improvement of public health, a primary duty of the State.
Section 63... (4) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, water-closets, urinals and similar conveniences;
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.
Procedural History
The PIL was originally filed against Pune Municipal Corporation. On 1st August 2014, the Court allowed amendment to implead all municipal corporations in Maharashtra as respondents. All respondents filed replies. On 19th December 2014, rule was granted and interim directions were issued to all corporations to evolve schemes for providing toilet facilities. The matter was heard and reserved on 29th July 2015, and judgment pronounced on 23rd December 2015.
Acts & Sections
- Constitution of India, 1950: Article 21, Article 47, Article 226
- Maharashtra Municipal Corporations Act, 1949: Section 63
- Mumbai Municipal Corporation Act, 1888: Section 61
