The Himachal Pradesh High Court has cautioned the Shimla Municipal Corporation (SMC) and Sulabh International Social Service Organization of contempt action over allegations that women were being unlawfully charged Rs. 5 for using supposedly free urinals.

The Division Bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja issued this direction while overseeing a suo moto Public Interest Litigation (PIL) concerning the upkeep of public toilets in Shimla and amenities along the Parwanoo-Shimla highway.

The Court emphasized the violation of its previous directives and an undertaking by Sulabh International guaranteeing free access to both men and women at public urinals. The Bench also expressed dismay at reports indicating that despite court's orders, women were being compelled to pay a minimum fee of Rs. 5 for using facilities that were mandated to be free. It underscored the seriousness of the matter, signalling of potential contempt proceedings against the concerned authorities.

Additionally, the Court directed the SMC and Sulabh International to ensure strict compliance with its orders, directing them to publicize the free availability of urinals through extensive print, electronic, and local cable media channels.

"It has been brought to our notice that despite the orders of this Court, as also undertaking furnished by the Sulabh International Social Service Organization that urinals are free for both ladies and gents, yet users of the ladies toilets are being fleeced and an amount of Rs. 5/- minimum is being charged from them. This indeed is a serious matter. Accordingly, respondents No. 18 (MC Shimla) and 21 (Sulabh International Social Service Organization) are directed to ensure strict compliance of orders passed by this Court or else this Court shall be constrained to initiate proceedings of contempt against these respondents. Wide publicity through print as well as electronic media, including the local cable network, be given to this effect," the Bench said.

In response to the holistic approach towards public amenities, the Court further impleaded the Ministry of Environment, Forest and Climate Change as a party respondent, recognizing its pivotal role in the highway development plans. The Court also commended the Himachal Pradesh Public Works Department's (HPPWD) Horticulture Wing for their efforts in beautifying public spaces, mandating their inclusion as party respondents in the PIL due to their significant contributions.

"Since HPPWD Horticulture Wing, has done a commendable job of beautification of the dumping site on the Highway, we deem it appropriate to independently implead it as a party respondent, and it shall now figure as respondent No. 25. Ordered accordingly," the Court said.

Acknowledging the contributions of state officers involved in compliance with the court's directives, the Division Bench recorded its appreciation for their diligent efforts. Specifically noted were the proactive roles played by Dr. Sujata Sirkeck Verma, Law Officer, and Dr. Suresh C. Attri, Chief Scientific Officer of the Department of Environment Science and Technology, in mapping and managing public convenience facilities in Shimla.

"It is heartening to note that with the pro-active role of Dr. Sujata Sirkeck Verma, Law Officer and Dr. Suresh C. Attri, Chief Scientific Officer, Department of Environment Science and Technology, the Department has mapped all 131 toilets of public conveniences," it said.

The Court ordered, "Taking into consideration the hard work, dedication and continuous efforts and further taking into consideration the expenses incurred by Mr. Deven Khanna, learned Amicus Curiae out of his own pocket, we direct each of the respondents to pay an amount of Rs. 5,000/- to the learned Amicus Curiae." Accordingly, the Court scheduled the matter for further consideration on July 3.

Cause Title: Court on its own motion v. State of H.P. & Ors.

Click here to read/download the Order


Justice Tarlok Singh ChauhanJustice Sushil KukrejaHimachal Pradesh High Court

Sukriti Mishra