Paridhi Arya
Published on May 27, 2022 at 17:08 IST
The Division Bench of Chief Justice of Patna High Court Justice Sanjay Karol and Justice S Kumar directed state government and National Highway Authority of India (NHAI) and Oil Marketing Companies (OMCs) to set up public toilets on highways as state has obligation to establish personal care and sanitation facilities.
The women who walk or drive on highways need adequate sanitation facilities.
“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,” the Bench stated in its order.
Court observed that Dr. Brindeshwar Pathak who had established the Concept of Sulabh Sauchalayas in the country, it is shameful that on his land theirs is lack of sanitation facilities.
The Court examined statutory, constitutional and international obligations and found out that Right to Sanitation is a fundamental right under Right to Life.
“Bare necessities of life include proper sanitation facilities as the practice of open defecation or a life with polluted drinking water source and environment cannot be considered as a life of dignity as understood in the context of Right to life under the constitution…”
“…State is under obligation to provide basic amenities to the citizens on the Highways, while ensuring that their right of sanitation/ basic amenities is not defeated,” Bench observed.
The Court emphasized the issue of sanitation more in respect of women as State has obligation to solve this issue.
“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?” the Court probed.
The Court also pointed out the issue of black marketing of petrol and diesel on highways as there is lack of petrol pump on highways.
The Court therefore passed the following directions-
- State Government should establish the petrol pump in an efficient way so the benefit can be taken.
- The NHAI and OMCs should establish public toilets that can be accessed by women and persons with disabilities.
- The facilities should be accessible by disabled persons.
- Authorities should mandate that all Dhabas and restaurants on highways should have toilet and water facilities for public.