Right to sanitation comes within right to life: Patna High Court urges State to set up public toilets on highways

The Patna High Court recently urged the Bihar government, the National Highways Authority of India (NHAI) and Oil Marketing Companies (OMCs) to consider setting up public toilets on highways across the State [The National Highway Projects in the State of Bihar v. State of Bihar]..A Bench of Chief Justice Sanjay Karol and Justice S Kumar held that it was the State’s obligation to establish sufficient facilities for sanitation and personal care on highways. Specific mention was made of the need to ensure that women have adequate sanitation facilities on highways.“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..The Court lamented the lack of facilities provided to travellers on highways in the land of Dr Bindeshwar Pathak, who revolutionised the concept of sanitation in India by establishing Sulabh Sauchayalas across the country..On a thorough examination of the statutory, constitutional and international obligations that the Central and State governments were bound to follow, it was found the that right to sanitation was virtually accepted as a fundamental right by courts.“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," it was held..The Court noted that the obligation on the State was even more pressing with respect to women."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..Additionally, the Court also considered the issue of setting up more petrol pumps on highways with a view to curbing the blackmarketing of petrol and diesel. It observed that both economic and social benefits come out of setting up petrol pumps at regular intervals."The equitable distribution of essential commodities, such as petroleum, is a positive obligation on the State, and must continually take steps to ensure that this obligation is met. In this regard, periodical survey for updating is absolutely necessary. Numerous benefits accrue when the same is fulfilled...easy access to petrol will go a long way in curbing blackmarketing practices an evil of society."Therefore, it was stated that authorities must take steps to establish units that stood approved, in order to further the cause of holistic development..With these observations, the Bench passed certain directions, which are summed up below:- The Chief Secretary, Government of Bihar to examined the most efficient way to realize benefits of establishing petrol pumps;- The State, NHAI and oil companies to consider constituting public toilets accessible to women walking or driving on the roads as well as people with disabilities;- The amenities constructed should keep in mind accessibility for persons with disabilities;- All toilets to be adequately staffed and to have a proper system for the disposal of sanitary napkins;- Authorities to consider mandating dhabas and restaurants on highways to make toilets and water available to general public and maintain hygiene..Senior Advocate PK Shahi appeared as amicus curiae. The State was represented by Additional Advocate General Anjani Kumar and Advocate Alok Kumar Rahi. The Union of India was represented by Advocates Kumar Priya Ranjan and Pallav. Additional Solicitor General KN Singh, along with Advocates Maurya Vijay Chandra, Devansh, Amarjeet, Gaurav Govinda, Gaurav Kumar and Anjali Kumari appeared for the NHAI..[Read Judgment]