Right To Sanitation Accepted As A Fundamental Right: Patna HC Asks State, NHAI To Set Up Public Toilets On Highways
Right to Sanitation as a Fundamental Right: Detailed Explanation
1. Background
Sanitation refers to the provision of clean and safe facilities for disposal of human waste, safe drinking water, and hygiene-related amenities. While traditionally viewed as a public health and infrastructure issue, courts in India have increasingly recognized sanitation as a matter integral to human dignity and fundamental rights.
The Patna High Court recently took a progressive stance, holding that the Right to Sanitation is a fundamental right embedded within the constitutional guarantee of the Right to Life.
2. Core Reasoning of the Patna High Court
The Court reasoned as follows:
The Right to Life means more than mere survival or physical existence; it includes living with human dignity.
Access to sanitation facilities is essential for maintaining health, hygiene, and dignity.
Denying access to clean and safe toilets forces people into humiliating and unsafe situations (e.g., open defecation), which affects their dignity and right to live a full life.
This deprivation particularly affects women and vulnerable groups disproportionately, impacting their privacy, safety, and health.
Therefore, the State and relevant authorities have an obligation to provide proper sanitation facilities, especially in public places like highways where people travel long distances.
3. Obligations Imposed on Authorities
The Court ordered:
Public toilets and sanitation facilities must be set up and maintained along highways and at public places.
These facilities should be accessible, hygienic, and include provisions for women and differently-abled persons.
Places like petrol pumps, restaurants, and dhabas must provide clean toilets for public use.
Authorities must ensure proper signage and easy availability of these amenities.
Non-compliance should attract appropriate consequences to ensure enforcement.
4. Why Sanitation Is a Fundamental Right
The Court’s reasoning is rooted in the idea that sanitation is inseparable from the right to life and dignity. Without access to sanitation, life becomes degraded, exposing individuals to disease, indignity, and risk.
5. Relevant Case Law Illustrating the Principle
Though not referencing external laws, the judicial approach is consistent with the Supreme Court’s interpretations in previous landmark rulings, which have held:
Right to Life includes Right to Dignity: The Supreme Court has consistently emphasized that Article 21’s right to life guarantees a life with dignity, which means access to basic amenities like water, sanitation, health, and shelter.
Health and Hygiene are Part of Life: Courts have recognized that lack of sanitation facilities leads to violation of life itself due to exposure to diseases and unsafe conditions.
Gender Sensitivity in Sanitation: The Court has stressed the need to protect women’s privacy and safety, recognizing that women are disproportionately affected by poor sanitation.
6. Practical Implications of This Right
State Accountability: The State is duty-bound to ensure availability and maintenance of toilets, particularly in public spaces and highways.
Facility Accessibility: Toilets must be accessible to all, including the differently-abled.
Public Awareness: Clear information and signposting about sanitation facilities is necessary.
Women’s Safety and Privacy: Special attention must be given to women’s sanitation needs.
Maintenance & Monitoring: Facilities must be regularly cleaned and managed, with mechanisms for public feedback.
7. Conclusion
The Patna High Court’s declaration that Right to Sanitation is a fundamental right under the Right to Life is a significant step toward ensuring basic human dignity for all citizens. It transforms sanitation from a mere infrastructural issue into a constitutional imperative. This development underscores that for life to be meaningful and dignified, access to sanitation is essential.
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