Women Have The Right To Have Safe Toilets At All Convenient Places: Rajasthan HC Takes Suo Motu Action On Lack Of Toilets For Women In Public Places
The Rajasthan High Court took note of a newspaper report highlighting how women do not drink water with the fear that they may not have access to a clean and safe toilet and directed the Registry to treat the newspaper report as a Public Interest Litigation.
The High Court emphasized that women have the right to have safe and clean toilets at all convenient places, which in a way impacts their right to live with human dignity.
The Single-Judge Bench of Justice Anoop Kumar Dhand asserted, “This Court may note here with anguish, that something which is the duty of the State Government and the local authorities to provide, is not provided, resulting in publication of following news item in news-paper 'Rajasthan Patrika' Jaipur with the title "Toilet Jane Ke Dar Se Kamkaji Mahilaye Kam Pe Rahi Pani".”
The Bench further noted that the facilities available to women walking on the street are almost negligible and in no way proportionate to the existing facilities vis-a-vis the women population. Not only are the basic infrastructure/facilities lacking, but even those provided are far from satisfactory.
“Thus, what is evident is that the legislature has contemplated through these provisions, almost all that would be required to be performed by the State Governments and Municipal Corporations, in order to achieve the fulfillment of the fundamental right of a dignified human life. Simple and basic but of vital importance are public toilets, which are as critical as any large infrastructure project to make cities livable”, it said.
The Court also stated the fact that women in general require toilets, including a greater number at different locations, which are frequented. “The problems faced by women walking on the streets visa-vis toilets are universal. Public toilets used by women have to be user-friendly, sustainable, safe, clean, hygienic and children/senior citizens/disabled friendly. Toilet issues affect all ‘users’, but more particularly women, who comprise approximately 50% of the population”, it added.
It was noticed by the Bench that as to how at times, women do not drink water, when required to step out, with the fear that she may not have access to a clean and safe toilet. It was also opined that medical science has shown that urinary tract infections, problems of distended bladders, and a range of other uro-gynecological problems are a consequence of deferring urination.“The Right to Dignity and Decency ensure that every women is treated with respect and honour. This right protects women from any kind of harassment, abuse or violence that undermine their dignity. It is vital to create an environment where women can live and work without fear of discrimination and degradation”, it said.Reference was also made to Article 21 of Constitution Of India, 1948 Universal Declaration of Human Rights and 1966 International Covenant on Economic, Social and Cultural Rights.
Listing the matter on January 7, 2025 before the appropriate Bench, the Bench also directed issuance of a Show Cause Notice to the Centre, State Government, Department of Urban Development and Department of Local Bodies.
The High Court also suggested formulating a comprehensive scheme for construction of toilets/urinals/restrooms/privies for women walking on the streets, working places, schools and public places and also constituting a Committee to oversee the same.
The Bench concluded the matter by observing, “Let a report be summoned from the Chief Secretary of the State of Rajasthan; the Secretary of the Ministry of Housing & Urban Affairs, New Delhi, about the effective steps taken by the State and the Union on the issue involved in this petition.”
Cause Title: In Re: Dignity, Respect & Honour of Girls and Women [Case No: CW/18518/2024]
