Rajasthan HC Initiates Suo Motu Case Over Lack Of Hygienic Public Washrooms, Says Women Compelled To Defer Urination, Restrict Water Intake

Rajasthan High Court has taken suo-moto cognizance of the lack of sanitary and hygienic public washrooms for women, making them prone to several health issues.

“The facilities as are available to women walking on the street are almost negligible and in no way proportionate to the existing facilities vis-a-vis the women population. Not only are the basic infrastructure/facilities lacking, but even those provided are far from satisfactory. Infact, they are sub-standard.”

The bench of Justice Anoop Kumar Dhand opined failure on part of Central and State Governments in discharging their duty of providing better public toilet facilities for women and directed issuance of show cause notices to the relevant departments of both the Central as well as the State Government seeking report on effective steps being taken by them in solving the issue.

The Court highlighted a news report published in a Hindi Local Newspaper titled “Toilet Jane Ke Dar Se KamKaji Mahilaye Kam Pe Rahi Pani” (due to the fear of having to use washrooms, working women are restricting water-intake) and opined that even in the 21^st century, women, who were the backbone for any progressive society, were facing road-blocks on daily basis like lack of washrooms and unhygienic environment in public and working places.

The Court stated that owing to the lack of appropriate toilet facilities, many women were either deferring urination or restricting their water intake. Such practices were medically proven to be giving rise to many uro-gynocological problems.

Furthermore, the Court also elaborated about how the problem was affecting women in a disproportionate manner as compared to men and held that,

“Toilet issues affect all 'users', but more particularly women, who comprise approximately 50% of the population. Men in general, have twice as much provision compared to women, as they have urinals, closets and a greater number of gents toilet blocks overall. The necessity for women to visit toilets is more and for a greater range of reasons, essentially because of biological differences… The need for women toilets /washrooms / restrooms is felt even more acutely, during menstruation…”

In this background, the Court delineated international recognition of right to health in the form of preamble of World Heath Organization; the 1948 Universal Declaration of Human Rights; World Toilet Day recognized on November 19. Furthermore, the Court referred to Article 21 of the Constitution to say that the right to live with human dignity included the bare necessities.

Furthermore, the Court made reference to Article 47 of the Constitution as well as the Rajasthan Municipalities Act, 2009, to elaborate on the duties of the State to achieve the fundamental right of a dignified human life, and held that,

“Women have the right to have safe and clean toilets at all convenient places, which in a way impacts their right to live with human dignity. One of the paramount duty of the State and the Corporations is to improve public health by providing toilets for women at all convenient places.”

In this light, the Court took suo motu cognizance of the situation treating the newspaper report, mentioned above, as a Public Interest Litigation titled as: Suo Motu: In the matter of Dignity, Respect & Honour Girls and Women.

Directions were given to issue show cause notices to the relevant ministries and departments of the Central as well as the State Government seeking a report on effective steps being undertaken by them for the issue involved.

The matter has been next listed on January 7, 2025.

Title: Suo Motu: In the matter of Dignity, Respect & Honour Girls and Women

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