New Delhi, Asserting that access to hygienic public toilets is part of the right to life, the Delhi High Court has proposed a surprise inspection of such toilets in areas under the Municipal Corporation of Delhi by a team of students of three social work colleges.
A bench of Acting Chief Justice Nitin W Sambre and Justice Sanjay Sharma called upon the principals of Delhi School of Social Work, Jamia Millia Islamia College of Social Work, and Aditi Mahavidyalaya to spare teams comprising both male and female students for the inspection.
The students will prepare a report on the condition of the toilets, which would include photographs, and will be paid an honorarium.
The bench passed the order on October 16 while dealing with a 2023 public interest litigation by Jan Seva Welfare Society on the issues of improvement, maintenance, and hygiene of public toilets.
The court observed that despite efforts by the MCD to ensure hygiene and structural maintenance in its public toilets, the results were not satisfactory, and suggested that the additional commissioner in charge of sanitation would initiate appropriate steps based on the inspection reports.
"Apart from the obligations imposed under the Directive Principles of State Policy enshrined in the Constitution, the right to access hygienic public toilets includes Right to Life," the court said.
"We are informed that there are three social work colleges that can be identified, namely, the Delhi School of Social Work , run by the University of Delhi; Jamia Millia Islamia College of Social Work; and Aditi Mahavidyalaya which functions under the aegis of the University of Delhi. We request the Principals/Highest Director of these Institutions to spare teams comprising both male and female students in so as to have surprise inspection of these public toilets," it stated.
The counsel for the MCD submitted that, in two zones, they had taken assistance from an institution in Chennai on a pilot basis to maintain the toilets, and the results were satisfactory.
Underscoring that it was the MCD's statutory duty to provide hygienic public toilets, the bench iterated, "It is not for this court to supervise the day-to-day functioning of the respondent as to whether they are discharging their statutory duties up to the mark. Just to have a check, this court proposes to put ... mechanism in order."
As part of the proposal, the court made the deputy commissioner concerned answerable for a default and clarified that in case of consecutive defaults, the authorities shall indicate the action proposed to be initiated against the responsible officials.
The court listed the matter for hearing on November 2 and sought the stand of the heads of the three social work colleges and the MDC officials on the proposal before passing an appropriate order.
In case there is a failure in providing financial support to the project, this court would be taking serious note of the same, the order added.
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