Delhi High Court Calls For Complaint Reporting System For Public Toilets, Issues Directions

The Delhi High Court has called for implementation of a complaint reporting system for public toilets for ensuring that such conveniences are maintained with proper sanitation standards.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula directed the city civic authorities to prominently display, at conspicuous location at the toilet facility, the name and contact numbers of the agency or contractor responsible for its operation and maintenance.

The court said that the civic authorities i.e. DDA, MCD and Delhi Cantonment Board, must validate that the displayed contact numbers are operational, so as to ensure that public can report any concerns or inconveniences directly.

“Upon receiving any complaint, it shall be the duty of the Respondents' or their contractors/agencies, as the case may be to ensure that the concern is not only addressed but also resolved in a timely and efficient manner,” the court said.

For verifying the implementation of the directions, the court directed the authorities to submit an affidavit of compliance, accompanied by relevant evidence, before December 11, the next date of hearing.

“We wish to emphasize that while the establishment of toilets is crucial, their operation and maintenance are equally vital components of effective management. Implementing a complaint reporting system and gathering feedback can greatly enhance the condition and usability of public conveniences. We are confident that the Respondents will give due consideration to these elements and take the necessary steps to address the issues highlighted,” the court said.

The court was dealing with a public interest litigation filed by Jan Sewa Welfare Society to ensure availability of hygienic public urinals with clean water and electricity supply in the national capital.

Observing that the concerns raised by the petitioner society are significant and warrant attention, the bench said that it is incumbent upon the authorities to ensure that public toilets and conveniences are maintained with proper sanitation standards.

“The photographs presented by the Petitioner's counsel, coupled with those attached to the petition, paint a picture that deviates from the Respondents' portrayal in the status reports,” the court said.

The plea seeks directions on the respondents to inspect all available and functionally constructed public urinals in Delhi and to initiate steps for construction of more public toilets.

The plea states that the general public in Delhi face various issues due to poor maintenance of public toilets which are not properly maintained and also lack hygiene. It adds that lack of proper sanitation causes “disgusting atmosphere” and infectious diseases which may cause societal hazards.

“Needless to say, that the responsibility to maintain hygienic public toilets rests on the shoulders of civic authorities of the locality who are the instrumentality of the State. Thus, non-facilitation of clean and hygienic public urinals is a clear violation of the right to life and personal liberty of the public at large as promised under Article 21, Part III of the Constitution of India,” it states.

The plea further submits that the Delhi Government should be a flag bearer in the “march to achieve and facilitate clean and hygienic sanitation” to the citizens and non-citizens.

Reliance has been placed on a flagship programme Swachh Bharat Mission, launched by Government of India in 2014 to promote sanitation and public health.

Stating that the programme was launched with an objective to accelerate the efforts to achieve universal sanitation coverage, the plea submits:

“To meet the goals set forth by the Government of India, it becomes pertinent to ensure availability and access of general public to clean public urinals, especially, in the National Capital Territory of Delhi (NCT of Delhi). In order to achieve the goals, set forth under the SBM, there is an urgent and necessary requirement to improve the conditions and cleanliness of public urinals.”

Title: Jan Seva Welfare Society (Reg.) v. Union of India and Ors.

Citation: 2023 LiveLaw (Del) 999

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