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SC Ruling on Clean Public Toilets as a Fundamental Right
Context
The Supreme Court of India delivered a significant judgment, declaring that access to clean public toilets is a basic right and essential for human dignity. This decision comes as part of a broader effort to address sanitation issues and ensure that public toilets are available, accessible, and maintained for everyone, regardless of gender or disability.
Key Points of the Judgment:
- Toilets are a “facet of human rights” and the failure to provide these adequately in courts “reflects a deeper flaw in the justice system”.
- Right to Sanitation: The court emphasized that having access to clean and functional toilets is not just a matter of convenience but is a fundamental right under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
- This right also includes the need for a safe and hygienic environment, especially in public spaces like courts, tribunals, and highways.
- Gender-Sensitive Facilities: The judgment specifically mentioned the need for gender-sensitive toilets that cater to all people, including men, women, persons with disabilities, and transgender persons.
- The court said that States and Union Territories have a responsibility to ensure these facilities are available, accessible, and maintained throughout the year.
- Public Health and Welfare: The judgment also stressed that providing clean public toilets contributes to public health and well-being. It highlighted that the absence of basic sanitation facilities undermines the welfare state model, which is supposed to provide essential services to all citizens.
- The Supreme Court directed that separate toilet facilities be constructed for all genders, especially in courts and tribunal buildings.
Why sanitation should be a basic human right for all?
- According to the World Health Organization, around half the people in the world are in danger of disease because they don’t have access to a clean, safe toilet.
- Close to 494 million people are still forced to defecate in the open.
- WaterAid’s research shows that every two minutes, a child under five dies from a disease linked to unsafe water and sanitation.
- Investment in water and sanitation boosts the economy. A toilet is not just a toilet, it’s also an opportunity-maker, a dignity-provider and a lifesaver.
India’s Sanitation Policies
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