Bombay High Court
Milun Saryajani Through Editor ... vs Pune Municipal Commissioner, ... on 23 December, 2015
Bench: A.S. Oka
pil.98.11.doc
SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.98 OF 2011
1. Milun Suryajani,
Through its Editor
Geetali Vinayak Mandakini
Adult, Occ : Social Service and Editor
R/a : B-2, 501, Kumar Pride Park,
Senapati Bapat Road,
Pune - 411 016.
2. Niramay Public Charitable Trust,
A registered Trust registered under the
Provisions of Bombay Public Trust Act,
Having its registered office at :
101, Nachiket Society, Prabhat Road,
Lane 4, Pune 411 004.
3. Smt. Vidya Bal,
Adult, Occ : Social Service,
R/at : 101, Nachiket Society,
Prabhat Road, Lane 4, Pune 411 004. ...Petitioners
SQ Pathan 1/88
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Versus
1. Pune Municipal Commissioner,
Shivajinagar, Pune - 411 005
2. Pune Municipal Corporation,
Shivajinagar, Pune - 411 005
3. Mumbai Municipal Corporation
of Greater Mumbai,
Mahapalika Marg, Fort,
Mumbai - 400 001
4. Thane Municipal Corporation,
Mahapalica Bhavan, Chandanwadi,
Mahapalica Road, Panchpakhdi,
Thane (West), - 400 062
5. Navi Mumbai Municipal Corporation,
Head Office Plot No. 1,
Pambeach Road, Sector 15,
C.B.D. Belapur,
Navi Mumbai.
SQ Pathan 2/88
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6. Kolhapur Municipal Corporation,
Main Building, Shivaji Chowk,
C-Ward, Kolhapur - 416 002
7. Nasik Municipal Corporation,
Rajiv Gandhi Bhavan,
Purandare Colony, Sharanpur Road,
Maharashtra, Nasik
8. Aurangabad Municipal Corporation,
Badilane, New D.D.I Lane,
Narali Baag, Aurangabad,
Maharashtra - 431 001
9. Dhule Municipal Corporation,
Baslane, Dhule,
Maharashtra - 424 001
10. Jalgaon City Municipal Corporation,
M.G. Road, Nehru Chowk,
Jalgaon - 425 001,
Maharashtra
SQ Pathan 3/88
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11. Nagpur Municipal Corporation,
Mahanagar Palica Marg,
Civil Line, Nagpur - 440 001,
Maharashtra
12. Amravati Municipal Corporation,
Amravati, Maharashtra - 444 012
13. Chandrapur Municipal Corporation,
Chandrapur, Maharashtra
14. Akola Municipal Corporation,
Akola, Maharashtra ...Respondents
Ms. Kalyani Tulankar I/b Mr. Sugandh B. Deshmukh for the Petitioner
Mr. Abhijit P. Kulkarni a/w Mr. Manoj Badgujar for the Respondent Nos.1
&2
Ms. Trupti Puranik for the Respondent No. 3 - BMC
Ms. Pooja Singh I/b Mr. N. R. Bubna for the Respondent No. 4
Mr. Sandeep V. Marne for the Respondent No. 5
Mr. Vaibhav Prakash Patankar for the Respondent No. 7
Mr. Anoop Patil I/b Mr. Vaibhav Anant Sugdare for the Respondent No. 8
Mr. A. S. Rao a/w Mr. Prashant Kamble for the Respondent No. 15
SQ Pathan 4/88
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CORAM : A. S. OKA &
REVATI MOHITE DERE, JJ.
RESERVED ON : 29TH JULY, 2015
PRONOUNCED ON : 23rd DECEMBER, 2015
JUDGMENT (Per Revati Mohite Dere, J.) :
1. This Public Interest Litigation filed under Article 226 of the
Constitution of India raises certain important questions with regard to the
toilet facilities for `women walking on the streets'. The petitioners had
initially preferred this PIL only against the Pune Municipal Corporation
and its Officers and certain reliefs/directions were sought against the Pune
Municipal Corporation. The reliefs sought were a writ of mandamus or
writ in the nature of mandamus or appropriate direction to the Pune
Municipal Corporation to provide and maintain latrines, privies and urinals
and other similar conveniences for the women walking on the streets, in
Pune, at appropriate and convenient locations; and for a direction to the
respondent Pune Municipal Corporation to acquire land/property under the
Land Acquisition Act or under the Maharashtra Regional and Town
Planning Act, or alternatively to use the property vested in the Corporation
SQ Pathan 5/88
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for the purpose of achieving the objects set out in prayer clause (A) of the
PIL. Considering the issues raised in the present PIL, this Court vide order
dated 1st August, 2014 permitted the petitioners to amend the petition and
include all the Municipal Corporations within the State of Maharashtra as
party-respondents. Accordingly, amendment was carried out and all the
respondent-Corporations in the State of Maharashtra were made party-
respondent Nos. 3 to 14. Accordingly, the prayers were also amended for
issuing directions to all the Corporations i.e. respondent Nos. 3 to 14.
Pursuant to the directions issued by this Court, almost all the respondent
Municipal Corporations have filed their reply affidavits with regard to the
steps taken by them, to provide facilities for latrines, privies and urinals
`for women walking on the streets'.
2. Considering the important issues raised in this PIL, rule was
granted and certain interim directions were given by this Court vide order
dated 19th December, 2014. In the said order dated 19 th December, 2014,
every Municipal Corporation was directed to evolve its own Scheme for
providing facilities of clean toilets/washrooms for the benefit of women
walking on the streets, keeping in mind the availability of suitable locations
SQ Pathan 6/88
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and various other relevant factors. It was observed that as was done by the
Pune Municipal Corporation, local level or ward level Committees were to
be established on which, NGOs of women were to be given representation,
to ensure that women organizations take initiative, by making periodical
visits to such toilets constructed by the Municipal Authorities, and for
ensuring that the same are properly maintained and are in clean condition.
Before formulating the Scheme, the Municipal Corporations were to make
an endeavour to call a meeting of local NGOs working for the women in
the respective cities. The Municipal Authorities were to ensure that before
evolving the Scheme, which would be implemented in a phase-wise
manner, suggestions of NGOs working in the said field are considered and
NGOs were permitted to participate in the said Scheme, right from the
stage of planning of toilets/washrooms for women walking on the streets,
and in ensuring cleanliness and maintenance of the facilities so provided.
All Municipal Corporations were also directed to consider making a
budgetary provision which would take care of the construction of the
facilities in a phase-wise manner and the maintenance thereof. The
Municipal Corporations were also to consider providing e-toilets depending
upon the local situation. As regards fixing the rate of charges for using the
SQ Pathan 7/88
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said facilities, each Municipal Corporation was to take care of the cost of
construction and the cost of proper maintenance of the facilities. It was
observed that the rates, however, should not be such that a common woman
would not be in a position to use the said facilities. However, the discretion
was left to the Municipal Authorities, considering the fact that the toilet
facilities will be in/near main areas and that the same would have to be kept
in a clean and proper condition. All Municipal Corporations were directed
to evolve a Scheme, keeping in mind all the local factors and the basic
object of providing the said facilities. Pursuant to the aforesaid interim
directions given by this Court, various Municipal Corporations filed their
reply affidavits setting out the Schemes evolved by each of the said
Corporations.
3. Before we delve in detail into the issues raised by the
petitioners and the affidavits filed by the various respondent-Corporations,
we may note here, that the issues raised in the present PIL are of extreme
importance, as it revolves around the health and the rights of women to
have public toilets at various places in a clean and hygienic condition.
Article 47 of the Constitution of India reads thus :
SQ Pathan 8/88
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"Article 47:
Duty of the State to raise the level of nutrition and the
standard of living and to improve public health- The State
shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of
public health as among its primary duties and, in particular,
the State shall endeavor to bring about prohibition of the
consumption, except for medicinal purposes, of intoxicating
drinks and of drugs which are injurious to health."
(emphasis supplied)
4. Thus, as is evident, Article 47 of the Constitution of India
makes improvement of public health, a primary duty of the State. Though
the Directive Principles of the State Policy are not enforceable by the
Courts, it is the duty of the State to give effect to the same. Chapter VI of
the Maharashtra Municipal Corporations Act, 1949 sets out the duties and
powers of the Municipal Authorities and its Officers. Section 63 of the said
Act sets out the obligatory duties of the Corporation. The relevant part of
Section 63 of the said Act with which we are concerned, reads as under :
"63. Matters to be provided for by the Corporation.
It shall be incumbent on the Corporation to make
reasonable and adequate provision, by any means or
measures which it is lawfully competent to it to use or to
take, for each of the following matters, namely:-
SQ Pathan 9/88
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(1) ................
(2) ...............
(3) ...............
(4) the construction, maintenance and cleansing of drains
and drainage works, and of public latrines, water-closets,
urinals and similar conveniences;
(5) to (25) ............
5.
The said Act covers all other Municipal Corporations, except
the Mumbai Municipal Corporation. As far as Mumbai is concerned, it is
covered by the Municipal Corporation Act, 1888. Chapter III of the said
Act deals with the duties and powers of the Municipal Authorities. Section
61 sets out the obligatory duties of the Mumbai Municipal Corporation and
the matters which are to be provided for by the Corporation. Section 61 of
the Mumbai Municipal Corporation Act reads thus :
"61. It shall be incumbent on the corporation to make
adequate provision, by any means or measures which it is
lawfully competent to them to use or to take, for each of the
following matters, namely:--
SQ Pathan 10/88
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(a) the construction, maintenance and cleansing of drains and
drainage works, and of public latrines, urinals and similar
conveniences;
(b) to (t) ................
6. Having regard to the aforesaid provisions, which provide for
mandatory obligations of the Municipal Corporations, there is a
corresponding right created in favour of citizens to have reasonable and
adequate toilets maintained in a clean and hygienic condition. The
Supreme Court has expanded the scope of the fundamental right under
Article 21 and has included in Article 21 the right to live with dignity and
"all the necessities of life such as adequate nutrition, clothing, health, etc.".
In fact, the Supreme Court in Vincent Panikulangara vs. Union of India1,
on the right of health has observed in Para 16 as under :
"16. A healthy body is the very foundation for all human
activities. That is why the adage "Sariramadyam Khaludharma
Sadhanam". In a welfare State, therefore, it is the obligation of
the State to ensure the creation and the sustaining of conditions
congenial to good health. This Court in Bandhua Mukti Morcha
v. Union of India (1984) 3 SCC 161 aptly observed: (SCC p. 183.
para 10)
1 (1987) 2 SCC 165
SQ Pathan 11/88
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"It is the fundamental right of everyone in this country,
assured under the interpretation given to Article 21 by this
Court in Francis Mullin case (Francis Coralie Mullin v.
Administrator, Union Territory of Delhi, (1981) 1 SCC 608 :
1981 SCC (Cri) 212) to live with human dignity, free from
exploitation. This right to live with human dignity enshrined
in Article 21 derives its life breath from the Directive
Principles of State Policy and particularly clauses (e) and
(f) of Article 39 and Articles 41 and 42 and at the least,
therefore, it must include protection of the health and
strength of the workers, men and women, and of the tender
age of children against abuse, opportunities and facilities
for children to develop in a healthy manner and in
conditions of freedom and dignity, educational facilities,
just and humane conditions of work and maternity relief.
These are the minimum requirements which must exist in
order to enable a person to live with human dignity and no
State -- neither the Central Government nor any State
Government -- has the right to take any action which will
deprive a person of the enjoyment of these basic
essentials."
..............
It further observed that :
"...... maintenance and improvement of public health have to
rank high as these are indispensable to the very physical
existence of the community and on the betterment of these
depends the building of the society of which the Constitution
makers envisaged. Attending to public health in our opinion,
therefore, is of high priority-perhaps the one at the top."
SQ Pathan 12/88
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The Supreme Court in Amarnath Shrine, In Re. v. Union of
India & Ors2, has observed in para 15 as under :
"15. Not only this, there is still a greater obligation
upon the Centre, State and the Shrine Board in terms of
Article 48-A of the Constitution where it is required to
protect and improve the environment. Article 25(2) of
UDHR ensures right to standard of adequate living for
health and well-being of an individual including housing and
medical care and the right to security in the event of
sickness, disability, etc. The expression "life" enshrined in
Article 21 of the Constitution does not connote mere
animal existence or continued drudgery through life. It
has a much wider meaning which includes right to
livelihood, better standard of living, hygienic conditions in
the workplace and leisure. The right to life with human
dignity encompasses within its fold, some of the finer facets
of human civilization which make life worth living. The
expanded connotation of life would mean the traditional and
cultural heritage of the persons concerned."
(emphasis supplied)
The Supreme Court in Common Cause, A Registered Society
v. Union of India & Ors3, has observed in para 175 as under :
"175. Right to Life," set out in Article 21, means something
more than mere survival or animal existence. (See : State of
Maharashtra v. Chandrabhan Tale (1983) 3 SCC 387). The right
also includes the right to live with human dignity and all that
goes along with it, namely, the bare necessities of life such as
2 (2013) 3 SCC 247
3 (1999) 6 SCC 667
SQ Pathan 13/88
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adequate nutrition, clothing and shelter over the head and
facilities for reading, writing and expressing oneself in different
forms, freely moving about and mixing and commingling with
fellow human beings. [See : Francis Coralie Mullin v.
Administrator Union Territory of Delhi : (1981) 1 SCC 608; Olga
Tellis v. Bombay Municipal Corporation : (1985) 3 SCC 545
(paras 33 and 34); Delhi Transport Corporation v. D.T.C.
Mazdoor Congress : 1991 Supp (1) SCC 600 (paras 223, 234 and
259). In Kharak Singh v. State of U.P. : AIR 1963 SC 1295,
domiciliary visit by the Police was held to be violative of Article
21." (emphasis supplied)
The Supreme Court in Consumer Education and Research
Centre and Ors. v. Union of India & Ors. 4 has observed in para 22 as
under :
"22. Article 1 of the Universal Declaration of Human
Rights asserts human sensitivity and moral responsibility of every
State that "all human beings are born free and equal in dignity
and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood." The
Charter of the United Nations thus reinforces the faith in
fundamental human rights and in the dignity and worth of the
human person envisaged in the directive principles of State policy
as part of the Constitution. The jurisprudence of personhood or
philosophy of the right to life envisaged under Article 21,
enlarges its sweep to encompass human personality in its full
blossom with invigorated health which is a wealth to the
workman to earn his livelihood to sustain the dignity of person
and to live a life with dignity and equality."
(emphasis supplied)
4 AIR 1995 SC 922
SQ Pathan 14/88
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The Supreme Court in State of M.P. v. Kedia Leather & Liquor Ltd
& Ors.5 has observed in para 10 as under :
"10. The two statutes relate to prevention and control of
pollution and also provide for penal consequences in case of
breach of statutory provisions. Environmental, ecological air
and water pollution amount to violation of the right to life
assured by Article 21 of the Constitution of India, 1950 (in short
"Constitution"). Hygienic environment is an integral facet of
healthy life. Right to live with human dignity becomes illusory
in the absence of humane and healthy environment."
ig (emphasis supplied)
7. The Supreme Court has, in several cases, given Article 21, a
much wider meaning, so as to include right to livelihood, better standard of
life, hygienic conditions at work place as well as at leisure. No human
being can live with dignity unless there are facilities to maintain basic
hygiene. The right conferred by Article 21 cannot be meaningful if
facilities of clean toilets and hygienic toilets are not provided to a woman
walking on streets. She needs these facilities at public places like Railway
Stations, Bus Stands, Banks, Public Offices like State Government
Offices/Municipal Offices. Thus, what flows from Article 47 of the
Constitution of India and the provisions of the Maharashtra Municipal
5 (2003) 7 SCC 389
SQ Pathan 15/88
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Corporation Act and Mumbai Municipal Corporation Act, is that, public
health is of paramount importance and that it is the duty of the State and the
Corporations to ensure that public latrines, urinals and similar
conveniences are constructed, maintained and kept in a hygienic condition.
However, the State/Corporations will be entitled to receive reasonable
charges for the maintenance of the facilities.
8.
The petitioners have, in the present PIL, set out several medical
problems, that can affect women when they are unable to empty their
bladder due to lack of appropriate facilities i.e. for want of clean and proper
toilets in crowded places, market places, etc. The petitioners have relied on
a medical report given by Dr. Anant R. Phadke, which is at Exhibit `D' of
the PIL showing the medical consequences, when ladies are compelled to
submit themselves to a situation, where immediate and proper public
conveniences are not available to them. Dr. Anant R. Phadke has, in his
medical report, stated as under :
"Due to lack of good toilet facilities for women in
public places, women are unable to void urine in time when they
get out of the house. This results in increased chances of women
getting urinary tract infection due to undue prolonged storage of
urine in the bladder.
SQ Pathan 16/88
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Amongst elderly women, those who suffer from
prolapse of the urinary bladder, (cystocoele) experience
worsening of their symptom of urinary incontinence (involuntary
partial voiding/`overflow' of urine) in absence of lack of good
toilet facilities for women in Public places, these elderly women
have to bear with a full bladder which, in these women, causes
increased incidence of urinary incontinence, which is very
inconvenient and embarrassing for them."
9. According to the petitioners, no bonafide efforts or attempts
were taken by the Pune Municipal Corporation to discharge their public
duties, as cast upon them by the Maharashtra Municipal Corporations Act.
10. According to the petitioners, there are approximately 17 lakh
women residing in the Pune Municipal Corporation area and for 17 Lakh
women, there are only 180 urinals. This is a dismal scenario. More
importantly, there are no adequate facilities provided for woman walking
on street. The petitioners have also contended that for the year 2010-2011,
despite the Corporation providing an earmarked budget of Rs. 1 crore for
the construction of such toilets, till the end of March 2011, not a single
farthing/penny was spent on the same. Similarly, for the year 2011-2012,
an amount of Rs. 17,95,00,000/- was provided for the purpose of urinal and
public convenience for all, however, out of the said amount, only a paltry
SQ Pathan 17/88
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sum of Rs. 1,19,00,000/- was spent on the ladies toilets and urinals by the
Pune Municipal Corporation. Thus, according to the petitioners, there was
no bonafide effort on the part of the Pune Municipal Corporation to
discharge their public duties, imposed on them by the Maharashtra
Municipal Corporation Act.
11. We will like to deal with each of the affidavits filed by the
respondent-Corporations pertaining to the issue raised in the present PIL
i.e. construction and maintenance of urinals for women walking on the
streets. We would like to first deal with all the affidavits filed by the Pune
Municipal Corporation. In the first affidavit filed by the respondent Pune
Municipal Corporation dated 4th October, 2011, Mr. Suresh Narsingrao
Jagtap, the Deputy Municipal Commissioner of the said Corporation has
stated that pursuant to the aforesaid PIL, they had called for a meeting of
all the Heads of the four Zonal Offices headed by the respective Deputy
Municipal Commissioner along with the concerned Ward Officers and that
the relevant information about the development in respect of construction
as well as maintenance of the urinals and WCs for use of ladies within the
limits of Municipal Corporations were discussed. Shri Jagtap has in the
SQ Pathan 18/88
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said affidavit stated that the ladies toilets exist in five formats (categories).
The relevant part reads thus;
"FORMAT 1: Toilets and urinals construction at community
level i.e. WC's and urinals constructed in the residential
area as well as which are located near market places, slums,
gaothan area, various habitants (chawl) etc., I say that at
present there are total 2462 ladies WC's and 229 urinals
existing and functional at the community level.
FORMAT 2: The detailed information about the pay and use
ladies toilets across the city constructed and maintained by
care taker etc. I say that at present there are 4025 ladies
WC's and 405 Urinals existing and functional on Pay and
Use basis.
FORMAT 3: Ladies urinals across the city. I say that there
are 62 ladies urinal at different places mentioned in the
Format 3. (emphasis supplied, as the petition pertains to
toilets under this Format).
FORMAT 4: I say that there are total 1077 ladies WC's.
603 urinal existing and functional across the city in the
premises of the municipal corporation properties like
gardens, hospitals, schools etc. The details of which are
given in the chart of Format 4 submitted herewith.
SQ Pathan 19/88
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FORMAT 5: I say that I have prepared the table of
expenditure for construction as well as maintenance of
ladies WCs and urinals made by the corporation for the last
three years i.e. 2009-2010, 2010-2011, & 2011-2012 (till
September 2011). I say that in the year 2009-10 corporation
has spent total about 100.21 lakhs, in the year 2010-2011,
161.36 lakhs where as current year till date the amount spent
is 20.56 lakhs and the other works are in progress, the
details of which are also annexed with Format 5."
12. He has further stated that the maintenance and cleanliness of
all WCs and urinals is maintained and operated under the control of the
Municipal Corporation and that, about 850 wet sweepers were employed by
the Corporation. It is stated that a facility of water supply had been made
either by making available a water tap or by constructing a water tank. It is
further stated that the Corporation had already taken steps for utilization of
the funds allocated towards the construction and maintenance of new WCs
and urinals and that the Corporation would try to use the said funds for the
said purpose completely by the end of the financial year. It is further stated
that the Municipal Commissioner of the Corporation has taken steps for the
implementation of the toilet block scheme. It is also stated that the
Corporation was intending to revise its development plan for the city of
Pune and accordingly, had decided to earmark the places for construction
SQ Pathan 20/88
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of new urinals and WC's. It appears that Format 1 as set out hereinabove,
deals with toilets and urinals at community level constructed in the
residential area as well as near market places, slums, gaothan area, etc.;
Format 2 toilets are pay and use ladies toilets across the city constructed
and maintained by the caretakers. However, in the present PIL, we are
concerned only with Format 3, which is with respect to ladies urinals across
the city i.e. ladies urinals constructed for women walking on the streets.
13. In the rejoinder affidavit dated 8th September, 2012, petitioners
have categorically stated that the petitioners had filed the PIL only in
respect of ladies urinals, i.e Format 3. It is stated that the object of the PIL
was to bring to the notice of this Court, the dire need of the female
members of the Society to answer to the call of nature and that the
petitioners had not filed the PIL for the purpose of community level toilets
and urinals, or the toilets and urinals in the Municipal Corporation building.
According to the petitioner, the information given by Mr. Jagtap, the
Deputy Municipal Commissioner with regard to Formats 1 and 4 ought to
be ignored completely. As far as Format 2 is concerned, the said
information pertain to pay and use ladies toilets across the City, constructed
SQ Pathan 21/88
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and maintained by different Charitable Trusts and the NGOs. According to
the petitioners, even the said Format 2 toilets i.e. pay and use ladies toilets
across the City are actually available at the community level and not for
women walking on the streets. The emphasis of the petitioners was thus on
Format 3 i.e. for need of ladies urinal for women walking on the streets,
which should be made available and accessible to any lady walking on the
streets. It is stated that the ladies toilets and the urinals which are situated
in the slums, gaothan area and in chawls are not available to a common
lady walking on the street. According to the petitioners, the affidavit of Mr.
Jagtap shows that there are only 62 ladies urinals throughout Pune
(Format 3). Thus, considering the total number of ladies living in Pune
Municipal Corporation area, which is approximately 17 Lakhs, there is
only one ladies urinal as against 27419 number of women. The petitioners
sought certain interim directions; inasmuch as; for a direction to the
Municipal Commissioner to identify the arterial link roads of Pune
Municipal Corporation, and start mobile ladies urinal on those roads; and
for a direction to the Municipal Commissioner to submit a report to this
Court, identifying the required number of ladies urinals, which will be
available and open for use 24 hours and otherwise and which will be
SQ Pathan 22/88
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stationed on the roads. It also sought for a direction to the Commissioner
to ensure that the funds earmarked for the ladies urinal do not lapse.
14. Pursuant to the said affidavit filed by the petitioner No.3, this
Court vide order dated 4th April, 2014 after perusing the affidavit of the
respondent-Corporation, dated 4th October, 2011 and the affidavit of the
petitioner No. 3 dated 8th September, 2012 had observed, that the Pune
Municipal Corporation had not addressed the real issues raised in the PIL.
Finding merit in the submissions raised by the petitioner, this Court
observed that the petitioners had made out a prima facie case for issuing
directions, sought by way of the additional affidavit with some
modifications to clauses (A) and (B) of paragraph 6. It was noted in the
said order dated 4th April, 2014 that the learned Counsel for the Municipal
Corporation, on instructions, had fairly stated that a meeting would be held
in the Office of the Additional Municipal Commissioner of the Pune
Municipal Corporation in the presence of the Joint Municipal
Commissioner, the third petitioner and the representatives of the first and
second petitioners. Accordingly, accepting the statement, this Court
directed the Additional Municipal Commissioner to give an opportunity to
SQ Pathan 23/88
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the third petitioner and representatives of the first and second petitioners to
explain their suggestions, especially in support of what was stated in
paragraph 6 of the affidavit dated 8 th September, 2012. Accordingly, the
Pune Municipal Corporation was directed to take an appropriate decision
on or before 7th May, 2014, in the light of what was stated in para 2
onwards in the additional affidavit filed by the petitioners.
15.
The Pune Municipal Corporation (PMC) thereafter filed an
affidavit dated 22nd June, 2014 of Mr. Suresh Jagtap, Joint Municipal
Commissioner, Pune Municipal Corporation, for the limited purpose of
placing on record the decision taken by the Corporation, pursuant to the
order passed by this Court on 4 th April, 2014. Mr. Jagtap in the said
affidavit has stated that pursuant to the order of this Court dated 4 th April,
2014, a meeting was held on 11 th April, 2014 in the Office of Additional
Municipal Commissioner. It is stated that in the said meeting, the founders
of the Petitioner organization namely Ms. Vidya Bal and Ms. Gitali V. M.
were present, and that, the representatives of P.M. Shah foundation,
Bhartiya Stree Shakti Jagaran were also called. The meeting was attended
by the Additional Municipal Commissioner, by Mr. Jagtap himself and all
SQ Pathan 24/88
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the Deputy Commissioners working in the Zonal Offices as well as the
Medical Officers working in different Zonal Offices and Ward Offices. In
the said meeting, it was decided that there would be a joint visit and
inspection of ladies toilets in Pune City between 19th April, 2014 and 30th
April, 2014. Accordingly, an inspection was conducted and immediately
thereafter, on 2nd May, 2014, a meeting was held in the Office of the Joint
Municipal Commissioner, Pune Municipal Corporation. Mr. Jagtap has
stated that the Municipal Corporation had, pursuant to the suggestions
given by the NGO regarding the maintenance of existing ladies toilets
completed, a list of basic works and all other work with the help of the
Assistant Municipal Commissioners of the Ward Officers; that status
reports of ladies toilets constructed at market places in the past three years
were also taken for assessment of its functioning; that an option of mobile
toilets was adopted on trial basis in congested and market places and tender
process was initiated; and that, the Pune Municipal Corporation has started
the planning of constructing ladies toilets at some of the places suggested
by the NGOs.
SQ Pathan 25/88
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16. The Minutes of the Meeting held on 11th April, 2014 were set
out in the affidavit. In the said meeting, it was suggested that in the city of
Pune, the ladies urinals should be at bus stops, vegetable markets and in
crowded places; that the toilets would be visible; that wherever, there were
gardens in the city of Pune, toilets should be at the entry / exit point/s, so
that, even if the garden is closed, toilets were accessible; that the toilets
should have sufficient water, and that cleanliness ought to be maintained;
that to ensure safety, a lady attendant be provided; that Corporators of the
Wards should be involved in the creation of such toilets; and that where
there was lack of space, mobile toilets for ladies should be made available
in markets. It was also suggested in the said meeting that the responsibility
of cleanliness of these toilets would be that of the lady attendant; that for
the purpose of cleanliness, a complaint register be maintained, so that, the
complaints could be rectified/attended to; that big boards should be put
up, so that, these toilets could be noticed; and that, there should be
publicity given to ensure that the ladies are made aware about the
availability of these toilets. It was pointed out in the said meeting that due
to the existence of banners around the City, small boards displaying toilet
facilities were not visible and that action should be taken against the
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owners of such banners. It was further minuted in the meeting, that for the
purpose of safety of women, the restrooms for women should not be at the
same place as that of men. Ms. Vidya Bal, petitioner No. 3 suggested that a
plan should be made for providing separate rest rooms for gents and ladies.
The Pune Municipal Corporation, in the meeting, had agreed to increase
the toilets for ladies, considering that the number of toilets for ladies were
very less. It also agreed that it was important to keep the toilets clean and
in a hygienic condition. It was minuted that on 19 th April, 2014, an
inspection would be conducted in the City of Pune to identify the place
where toilets and restrooms would be situated and that the P. M. Shah
Foundation, Bhartiya Stree Shakti Jagran and the officers of PMC regional
office would participate. It was also noted that in the city of Pune from
2009, the Corporation had constructed 1500 pay and use toilets and
common restrooms. It appears from the affidavit dated 22nd July, 2014 filed
by Mr. Jagtap, that after the inspection of toilets in some areas was done, a
meeting was held on 2nd May, 2014.
17. The said meeting was chaired by the Joint Municipal
Commissioner and was attended by the representatives of Shah Foundation,
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Milun Saryajani and Bhartiya Stree Shakti Jagran. As per the minutes, the
points which were discussed in the meeting were - (1) The priority for
constructing public toilets and washrooms for ladies; (2) The necessity of
sufficient supply of water and electricity, and that proper doors and latches
should be provided; (3) All Corporators should take an initiative to create
public awareness by holding street plays/skit to promote and encourage the
use of public toilets; (4) All Corporators, Municipal Officers working in the
said area should take the responsibility towards the same. All Corporators
should take an initiative of the toilets in their respective Wards, and where
construction of toilets was likely to take time, immediate steps be taken for
installation of mobile toilets in crowded areas; (6) The Corporation Staff
should be counseled and the importance of cleanliness of toilets should be
instilled in them and that cleanliness should be maintained at all times; (7)
that public toilets should be provided at every crowded place i.e. bus stops,
vegetable markets, crowded streets and thickly populated areas; (8) that it
was desirable to construct public toilets at places which could be easily
located by the ladies and that sign boards of "Public Toilets" or "Private
Toilets" (constructed either by the Corporation or by the Private Company)
should be displayed; (9) Free services should be provided in cases of public
SQ Pathan 28/88
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toilets and charges could be prescribed for private toilets and that at all
such ladies toilets, ladies staff should be provided to take care of the same;
(10) that the concerned Assistant Commissioner of the respective Wards
should give standing instructions in writing regarding maintenance and
working of the said toilets and the responsibilities should be fixed; (11)
that the said toilets should be located on the main roads and should be
easily accessible by the ladies walking on the streets and should not be
located at any lonely or inconvenient place, so as to encourage its use by
the ladies; (12) that it was noticed that at certain places, the construction
of the said toilets was incomplete and was abandoned by the Pune
Municipal Corporation; that at some places, there was insufficient supply
of water and electricity, as a result of which, the toilets could not be used
resulting in monetary losses to the Corporation; (13) that it was necessary
to have a proper disposal system for disposal of sanitary napkins; (14) that,
after due planning and care, a policy of an ideal toilet for ladies should be
implemented; (15) that where the caretaker gets paid less, fixed amount
should be given; (16) that, proper information regarding exact number of
public toilets proposed and earmarked for ladies and their stage of
construction should be given; (17) that instead of decorating ladies toilets,
SQ Pathan 29/88
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the emphasis should be on cleanliness and its maximum utilization; (18)
that it is necessary to construct separate ladies toilets, away from the gents
toilets to ensure the safety and security of the women; that proper action
should be taken against the male members/attendants, if they are found
sitting outside the ladies toilets in a drunken state; and (20) to provide
enough funds for maintenance and cleanliness of the said toilets.
18.
It was noted in the said meeting by the Joint Commissioner
(Dry Garbage/Sewerage Administration) that the Corporation had earlier
introduced a `pay and use' public toilet scheme to encourage public as well
as privately funded toilets. The work of such toilets was to be completed on
priority basis, however, the Corporation was facing difficulties such as lack
of funds, theft of articles, etc. Installation of mechanical cleaning by a
machine was proposed and contributions from NGOs working at the micro
level was sought. It was noted that there were 14 NGOs working towards
betterment of the toilets, however, some of them had left due to lack of
human resources and poor response of the Corporation. It was proposed
that 1500 toilets would be constructed.
SQ Pathan 30/88
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19. This Court vide order dated 10th July, 2014, recorded that
pursuant to the order dated 4th April, 2014, the Pune Municipal Corporation
had taken several steps and that the affidavit of Shri Jagtap, the Joint
Municipal Commissioner dated 22nd June, 2014 records the steps that the
Corporation proposes to take. It is also recorded in the said order that the
learned Counsel appearing for the Municipal Corporation had stated that
suggestions made in the meeting on 23rd June 2014 were substantially
accepted by the Municipal Corporation and that the additional suggestions
would be taken into consideration. Accordingly, this Court directed the
Pune Municipal Corporation to file an affidavit setting out the details of the
comprehensive plan prepared by the Municipal Corporation for providing
latrines, privies and urinals and other conveniences for women in the City
of Pune. The affidavit was to incorporate the number of facilities that
would be created by the Corporation and the places at which the facilities
would be created. A broad estimate setting out the outer limit within which
such facilities shall become operative was also required to be stated in the
said affidavit. It was also directed that the affidavit should set out the
arrangement for regular maintenance, cleanliness of the facilities to be
provided by the Pune Municipal Corporation. It was observed in para 5 of
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the said order that it would be advisable that the Pune Municipal
Corporation constitutes a Committee of leading NGOs including the first
petitioner and the appropriate Municipal Officers who will be responsible
for making periodical visits to ensure that the facilities and cleanliness is
maintained appropriately.
20. Thereafter, pursuant to the aforesaid directions, Shri Suresh
Jagtap, Joint Municipal Commissioner of the Pune Municipal Corporation
filed his affidavit dated 30th July, 2014. It is stated in the said affidavit that
pursuant to the directions of this Court, a joint meeting was held with the
Officers of the PMC and the representatives of the NGOs; that the details
given in the earlier affidavit were discussed and the suggestions given by
representatives of the NGOs were considered. Accordingly, as per the
suggestions of the NGOs, joint inspection by the Officers of the
Corporation and the representatives of NGOs was done on 08.07.2014 at
the Jangli Maharaj Road and Ferguson College road and the suggestions
given, pursuant to the inspection have been considered by the PMC. It is
stated that a comprehensive plan and status work for the year 2014-15 was
prepared; that the budgetary provision for the said work was provided at
SQ Pathan 32/88
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Rs. 94,00,108.66; that out of total 46 blocks the work of 6 blocks
comprising of 15 seats were nearing completion and the said blocks were to
become operative within four weeks; that the tender for three blocks at
Hadapsar (10 seats) was processed and was expected to be completed
within eight months. It is further stated that, arrangements were made for
regular maintenance and cleanliness of the facilities. After the inspection of
the sites visited, it was found that for regular maintenance and cleanliness
a caretaker, sufficient water, maintenance of water taps, spraying of
antibacterial powder would be required. The Corporation for the said
purpose had already engaged wet sweepers at 90 places for maintaining
103 existing ladies toilets; that, as there was deficiency of staff, the PMC
would endeavour to appoint wet sweepers to fulfill the said deficiency;
that, as decided in the joint meeting, the PMC as well as the
representatives of the NGOs would prepare a schedule to inspect different
areas of Pune city; that although, electric supply to all places was almost
complete, where the said facility was not provided, the same would be
completed within eight days i.e. by 1 st August, 2014; that, the signboards
showing directions to such public toilets for ladies were to be displayed by
the end of August 2014; that as regards the construction of wash basins, 56
SQ Pathan 33/88
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sites have the said facility and work on the six sites is in progress. It is
stated that it was intended to construct cement wash basins to avoid
damage. In addition to the aforesaid, it is stated in the affidavit that the
Corporation had proposed to constitute ad-hoc Committees at its ward
office level comprising of the Assistant Municipal Commissioner, Ward
Medical Officer, one nominated representative of the first petitioner as well
as another NGO for the purpose of periodical visits to ladies toilets in their
respective wards.
21. This Court vide its order dated 1st August, 2014 noted the steps
taken by the Pune Municipal Corporation. It is at this stage, that the
learned Counsel for the petitioners sought leave to amend, as the petitioners
desired to claim similar directions against other Municipal Corporations in
all the major cities of the State. Accordingly, vide order dated 1 st August,
2014, the petitioners were granted leave to amend for adding parties,
averments and additional prayers. Rule was also granted vide the said
order. In view of the statements made by Shri Jagtap, the Joint Municipal
Commissioner of the Pune Municipal Corporation, in the affidavit dated
30th July, 2014 no further interim directions were issued against the first
SQ Pathan 34/88
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and second respondents. However, the Pune Municipal Corporation was
directed to file affidavits after expiry of a period of three months recording
the progress made in the matter of implementation of the comprehensive
plan incorporated in the said affidavit. It was directed that the first of such
affidavit shall be filed on or before 6th October, 2014. Rule on interim
relief was granted for the purposes of considering the prayer for issuing
interim directions against the added Respondents-Corporations.
22. Pursuant to the aforesaid directions, the Pune Municipal Corporation
filed its affidavit of compliance with regard to the steps taken by them. The
said affidavit was filed by Shri Suresh Jagtap dated 30 th October, 2014. It
is stated in the affidavit that the Corporation had arranged for a meeting
with all the Deputy Commissioners, Joint Commissioners, Assistant
Municipal Commissioners, Divisional Medical Officers, CHF India
Foundation, Shelter, NGO (Milun Saryajani) regarding toilet sanitation. In
the meeting, awareness programmes as well as suggestions regarding
standard models of toilets were discussed. It is stated in the said affidavit
that the PMC had called for a tender for providing portable mobile toilets in
Pune City. It is further stated that the Corporation had arranged portable
SQ Pathan 35/88
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mobile toilets for several festivals e.g. Palkhi Yatra, Ganesh Festival, and
Navratri. It is further stated that with the help of 'Sakal' and ' Three S
India', the Corporation had arranged a `Clean Pune Programme' from 15 th
September, 2014 to 14th October, 2014. For the said Programme, portable
toilets were arranged at seven places in Pune i.e. near Sambhaji Garden,
near Pune Railway Station, near Ferguson College, near Subway at Modern
School, near Shaniwar Wada, near MIT College, Poud Road, near Ganesh
Kala Krida Kendra. A drama regarding toilet usage was also arranged on
10th October, 2014. It is stated that a Monitoring Committee was formed
under the chairmanship of the Additional Municipal Commissioner. The
other members of the Monitoring Committee were four Zonal Municipal
Commissioners and two members of Milun Saryajani. An Executive
Committee was also formed under Zonal Municipal Commissioner as the
head and the members of the said Committee were the concerned Assistant
Municipal Commissioners, Ward Medical Officers, Deputy Engineers and
two members of Milun Saryajani. The purpose of the Committee was to
take review every three months and submit a report on the same.
23.
SQ Pathan 36/88
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23. Pursuant to the order dated 1st August, 2014 passed by this
Court, several Municipal Corporations who were added as respondents,
filed their reply affidavits. Mr. Subhash Baban Ingle, Deputy Municipal
Commissioner, Navi Mumbai Municipal Corporation ('NMMC')-
Respondent No.5 filed an affidavit dated 6 th December, 2014. It is stated
that since the establishment of the NMMC, 416 public toilet blocks have
been constructed, operated and maintained by the NMMC. In the said 416
public toilets, there are 2398 units for women. A copy of the chart giving
details of public toilets constructed and operated by NMMC is at Exhibit
'A' to the said affidavit. It is further stated that in addition to the 416 toilet
blocks operated by the NMMC, the City and Industrial Development
Corporation (`CIDCO') had also constructed additional public toilets in the
city of Navi Mumbai. The affidavit has set out a unique problem faced by
the NMMC, where CIDCO had not handed over plots reserved for public
amenities to NMMC. It is stated that as there were three planning
authorities within the jurisdiction of NMMC, certain difficulties were being
faced by them. It is further stated that NMMC had been requesting CIDCO
SQ Pathan 37/88
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and the Maharashtra Industrial Development Corporation (`MIDC'), the
other Planning Authorities for allotment of land for public amenities,
including the construction of additional toilets in the city of Navi Mumbai.
24. Navi Mumbai Municipal Corporation (`NMMC') - Respondent
No. 5 has in its second affidavit dated 23 rd June, 2015 of Subhash Baban
Ingle stated that pursuant to the orders of this Court, the Corporation had
requested various NGOs within their jurisdiction to assist the Corporation.
Accordingly, the Corporation had taken the assistance of Swayamsevi
Samanvay Sanstha for carrying out a survey in the city of Navi Mumbai for
providing toilet facilities. The said Sanstha had carried out a survey in eight
Wards of the NMMC and submitted a report dated 10 th June, 2015, for
identifying the locations for setting up toilet facilities for women walking
on the street. It is stated that most of the lands where the facilities were
proposed to be set up, were owned by CIDCO or MIDC. It is further stated
that the Corporation would take steps to follow up the matter with CIDCO
and MIDC and seek necessary permissions to construct the said toilet
facilities. According to the Corporation, they had already made a budgetary
provision of Rs. 2.50 crores for the year 2015-2016, especially for setting
SQ Pathan 38/88
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up toilet facilities for women walking on the streets and that the said budget
would be utilized for construction of toilets at the locations as suggested
by the Sanstha in its report dated 10 th June, 2015 as well as for the up-keep
of such toilets. It is further stated that the Corporation had also published a
public appeal in the local news papers asking them to submit suggestions
for locations for ladies toilets. The said appeal is stated to have been
uploaded on "nmmconline.com". The Corporation prayed that a direction
be given to CIDCO and MIDC to extend cooperation to NMMC in making
the necessary lands available.
25. Nagpur Municipal Corporation (NMC) i.e. the Respondent
No.11 has filed two affidavits dated 6th December, 2014 and 6th April,
2015. The affidavit dated 6th December, 2014 has been filed by Shyam s/o
Daulatrao Wardhane, Commissioner, NMC. He has stated that the
Municipal limits of Nagpur consists of 10 municipal zones and that toilet
facilities have been made available exclusively for women at market places
and crowded public places. A chart has been annexed to the said affidavit
as Document No. 1. It is stated that 45 "Sulabh Sauchalaya Sankul" which
were funded by NMC are being operated and maintained by different
SQ Pathan 39/88
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NGO's /Societies and that only three public toilets were constructed and
maintained by the NMC. It is stated that the NMC has four units of
portable mobile units i.e total 80 seats of which 40 seats are exclusively for
women. It is stated that during mass gatherings, by identifying the
locations, portable/mobile toilets are deployed as per the requirements. It is
further stated that a Committee consisting of Additional Municipal
Commissioner, Health Officer, Estate Officer, Executive Engineer (Slum),
Social Welfare Officer as well as Women Corporators, etc. would be
constituted within a period of one month for preparing a comprehensive
plan and to identify places as well as the number of facilities to be
developed. It is stated that the said comprehensive plan would be
prepared within three months from the constitution of the Committee. It is
further stated that a further Committee will be constituted at the zone level,
consisting of the Assistant Commissioner, Zonal Health Officers and Lady
Corporators to oversee the facilities and amenities. It is also stated that a
proposal for installation of e-toilet facilities was under consideration and
for which a budgetary provision was also made and that Eram Scientific
Solutions Pvt. Ltd. of Kerala had submitted the quotation of e-toilets
which was Rs. 5 lakhs per unit. Accordingly, one unit of e-toilet was
SQ Pathan 40/88
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installed at the NMC headquarters and further the said Company was
requested to install four more units at identified market areas and crowded
places. It is stated that the Corporation had earmarked Rs. 2 crores for the
financial year 2014-2015 solely for the purpose of ladies toilets, urinals,
privies at market or crowded public places. It is further stated that a
proposal for erection of 88 "Sulabh Sauchalaya Sankul" was under
consideration and that the work orders for the same were likely to be issued
within a month or two.
26. The second affidavit of the Nagpur Municipal Corporation
(NMC) was filed by Sanjay Narayan Kakde, Deputy Municipal
Commissioner, NMC, pursuant to the order date 19 th December, 2014. It is
stated that the NMC has constituted a six member Central Monitoring
Committee, headed by the Additional Municipal Commissioner, Chairman
of the Women and Child Development Committee, Health Officer,
Executive Engineer (Slum), Estate Officer and Social Welfare Officer. It is
stated that a meeting of the interested local women NGOs namely, Centre
for Sustainable Development, Nagpur, Dhammadip Bahuddeshiyava
Shikshan Sanstha, Nagpur, Wasundhara Educational and Welfare
SQ Pathan 41/88
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Association, Nagpur, Church of North India, were called for considering
their suggestions before preparation of a comprehensive plan. It is stated
that the valuable suggestions given by the Directors of the said NGOs
were taken into consideration for erecting and installing ladies toilets and
urinals for women walking on the streets, at appropriate locations by
identifying the same. Further, necessary verification regarding the
feasibility of locations was also undertaken through the constituted Central
Monitoring Committee. Accordingly, 50 locations were selected for the
erection and installation of ladies toilet/ urinals. The NMC submitted a
comprehensive plan dated 31st March, 2015, in respect of proposed
erection, which was enclosed as Document No. 1 to the said affidavit. It is
further stated that at 10 of these locations, installation of one unit of e-
toilets and at the remaining 40 locations, construction of toilets/ urinal
blocks had been undertaken. It is further stated that the Corporation had
earmarked Rs. 1 crore for the year 2015-2016 for the purpose of public
toilets for ladies. It is further stated that NMC had 10 zones which were
headed by Assistant Commissioners/ Ward Officers and at each of these
zones, Zonal Level Committees comprising of Assistant Commissioner,
Zone Officer (Health), NGO/ Lady Corporator were constituted for the
SQ Pathan 42/88
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purpose of making periodical visits to ensure that the facilities were upto
mark and toilets were properly maintained.
27. Amravati Municipal Corporation (AMC) i.e. Respondent No.
12 also filed its reply dated 5th April, 2015 pursuant to the order dated 19 th
December, 2014. The said affidavit has been filed by Arun Kishorji
Dongre, the Municipal Commissioner, Amravati Municipal Corporation. It
is stated in the said affidavit that the AMC has constituted a Central
Monitoring Committee headed by the Deputy Municipal Commissioner
and various other Officers including an NGO. It is stated that the AMC is
divided into five Zones. The said Zonal Level Committees were headed by
the respective Assistant Commissioners and other Officers including a
Woman representative of an NGO/Lady Corporator for the purpose of
making periodical visits to ensure that the toilet facilities and urinals were
being properly maintained. It is stated that the Zonal Level Committees
had identified about 111 locations after making a survey and had forwarded
the list of the said locations to the Central Monitoring Committee. It is
stated that in the three meetings held by the Central Monitoring Committee
for the purpose of preparing a comprehensive plan, the suggestions given
SQ Pathan 43/88
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by the NGO as well as lady Corporators for the final identification of the
locations at the busy roads and the market places were considered.
Accordingly, the appropriate locations for erection/ installation of ladies
toilets were identified, after making the necessary survey. It is stated that
23 locations of the 111 were selected for the purpose. It appears from the
affidavit that AMC has earmarked Rs. 1 Crore for the financial year 2015-
2016 for public toilets and urinals for women. The AMC also has enclosed
a comprehensive plan for the erection/ installation and construction of these
ladies toilet to its affidavit in `Document 3'.
28. Pursuant to the order dated 21st April, 2015, the Amravati
Municipal Corporation-Respondent No. 12 filed another affidavit of
Chandrakant Jairamji Gudewar dated 29th June, 2015. It is stated in the said
affidavit that pursuant to the Scheme set out in affidavit dated 5th April,
2015, a number of locations were identified for construction of various
ladies toilets/urinals and that the owners of the land, on some of the
identified locations have been requested by written communication for an
NOC. It is also stated that the Corporation had requested Vidarbha Vikas
Mahamandal, Nagpur for financial aid to the tune of Rs. 2.98 Crores.
SQ Pathan 44/88
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29. The Municipal Corporation of Greater Bombay (MCGM) has
also filed an affidavit of Mr. Ansari Siraj Ahmed A. K., Chief Engineer
(Solid Waste Management) dated 6th December, 2014. According to the
respondent, there are four Agencies that are engaged in providing sanitation
facilities through various schemes in Mumbai:
1) Slum Improvement Board, MHADA for the slum population, which also
includes facilities of toilets for ladies;
2) The Corporation through Solid Waste Management (SWM) Department
provides sanitation facilities only for the floating population in Mumbai,
including both men and women;
3) The SWM Department also provides for pay and use toilet facilities for
the floating population, including both men and women. These toilets
are constructed and operated by NGOs/CBOs on Built Operate and
Transport (BOT) basis. The said pay and use toilets are available for the
floating population mainly at the areas such as roads, railway stations,
bus depots, markets, malls, etc.
SQ Pathan 45/88
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30. According to the said respondent, the MCGM has already
taken a programme for increasing the toilet blocks by identifying the suitable
locations to construct the pay and use toilets for women and men within the
limits of the MCGM. The steps initiated were :
(i) 11 locations on Eastern and Western Express Highway were in
the process of approval;
(ii)
A circular dated 14th November, 2013 was circulated to all
Assistant Commissioners of `A' to `T' Ward for identifying sites in the
Municipal wards, near railway stations, footpath, bus stop, etc. for
construction of toilets for ladies and men and that about 96 locations were
identified up to 6th December, 2014;
(iii) New guidelines had been prepared for construction/
upgradation of existing pay and use toilets;
(iv) The proposals for construction of toilets i.e. the identified 96
sites were sent to the Assistant Commissioner of the respective Wards to
process the proposal for construction of the same;
SQ Pathan 46/88
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(v) For monitoring, operation, supervision and maintenance work,
Field Lady Supervisors were appointed from June 2014;
(vi) The Corporation was working with 'Right to Pee', a federation
of women's organizations, pursuing the solution for the problem of
deficiency of ladies toilets in Mumbai. The Commissioner had formed a
Committee for pay and use toilets; and
(vii) A check list was prepared for survey of existing conditions of
pay and use toilets and one seat was to be reserved for ladies urinals in each
toilet block. According to the respondent, the Mumbai Sewerage Disposal
Project (`MSDP') under the 'Slum Sanitation Programme' (`SSP') also
provides for community toilets through Municipal funds for slum areas.
The MSDP Department had surveyed the total public community toilet
blocks (both men and women) in Mumbai through an independent agency.
The total numbers of toilets as per the survey were 34887 ladies seats in
7598 toilet blocks. The MSDP has stated to have further proposed
additional 210 toilets having 4200 seats for women and men in due course
of time.
SQ Pathan 47/88
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31. On 16th December, 2014, the Municipal Corporation of Greater
Mumbai (MCGM) filed another affidavit with regard to the steps taken
pursuant to the order of this Court dated 1st September, 2014. A meeting was
held on 5th December, 2013 by the Corporation with the representatives of
various NGOs like `Right to Pee' and 30 other organizations and concerned
Officers of the MCGM to discuss issues regarding the provision of public
toilets. In another meeting which was held in the Chambers of the Municipal
Commissioner on 11th August, 2014, it was decided that a Committee will be
formed to take steps in implementing the decisions for providing public
toilets for women and the floating population. It is stated that the
Corporation in coordination with the NGOs had identified 96 places for the
construction of pay and use toilets. It is further stated that in order to enable
the population to locate and identify the said public toilets, the Corporation
was planning to provide directional sign boards.
32. The Municipal Corporation of Greater Mumbai (`MCGM') in
its affidavit dated 9th April, 2015 filed by U.R. Shiroorkar, an Executive
Engineer of the said Corporation, has stated that MCGM has taken necessary
steps to install ready made pre-fabricated electronic toilets for women
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walking on the streets. It is stated that the MCGM has taken a programme
for increasing the number of toilet blocks, by identifying suitable locations
for construction of toilets, especially for women walking on the streets; that
11 locations had been finalized and installation for the same was to be done
within a short period; that out of the 11 locations on the Western Express
Highway and Eastern Express Highway, at one location the toilets were
open for public use and at four locations, Women Welfare Self help Groups
were elected for the construction, operation and maintenance of toilets. As
far as the remaining six locations were concerned, the same were being
processed and were pending for obtaining the necessary, No Objections
from the various Departments like PWD and MCGM's Water Works
Department. It is stated that the BEST Authority had allotted 51 locations for
construction of toilets around the Bus terminus/ Depot; that the construction
of toilets has been complete and toilets were open for use at three locations,
i.e. near Goregaon Railway Station (West), Ambre Garden, Andheri (West),
SCLR Bridge and LBS Road, Kurla (West). It is further stated that as
directed by this Court, MCGM was interacting with local Women's
Organizations like `Right to Pee', and 30 associate NGOs and that regular
monthly meetings were being organized with the women's organizations in
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the concerned wards by the Assistant Commissioner for the purpose of
taking reviews. Similar meetings were also stated to have been organized
at the Deputy Municipal Commissioner Level.
33. The Municipal Corporation of Greater Bombay (MGCM) has
filed another affidavit dated 7th July, 2015 of Shri U.R. Shiroorkar, an
Executive Engineer. In the said affidavit, the Corporation has placed on
record the subsequent facts and steps taken by the Corporation. It is stated -
(i) that applications were invited for the construction of toilet blocks on Built
Operate and Transfer basis; (ii) that the work orders for construction on
BOT basis had already been issued for 12 locations and the proposals for
remaining locations were at the scrutiny stage; (iii) that applications were
received for construction of toilets on BOT basis on land under use/reserved
for various other facilities. Therefore, it was taking time for getting
clearance from various authorities; and (iv) that the budgetary provision
made for the year 2015-2016 for the purpose of construction of pay and use
toilets was stated to be Rs. 4 Crores.
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34. The Nasik Municipal Corporation (NMC)-respondent No. 7
filed an affidavit dated 23rd June, 2015 of Dr. Vijay Natthuji Dekate. This
affidavit was filed to report compliance of the order passed by this Court
dated 19th December, 2014. It is stated that the NMC had pursuant to the
order dated 19th December, 2014, constituted six division wise Committees
under the chairmanship of respective ward officers. It is stated that after
discussion and taking into consideration the suggestions and practical
aspects like budgetary provisions, sanitization etc., a scheme for toilets or
urinals for women walking on the street has been framed with the assistance
of women social workers. It is stated that this Scheme for the construction of
toilets or urinals includes the number of units to be constructed, estimate of
expenses for the construction of one unit, amenities which will be a part of
every unit of toilet. As per the Scheme, 119 units were proposed to be built
and the cost of each unit was stated to be around Rs. 3,14,310/-. It is stated
that the cost of construction of 119 units was expected to be Rs. 3.75 crores.
It is further stated that an NOC was pending from the Department of Town
Planning, Nashik. According to the said corporation, once the Scheme was
sanctioned, 119 units of toilets or urinals would be constructed for women
walking on the street in the six divisions of Nashik.
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35. The Kalyan-Dombivli Municipal Corporation (KDMC) has
filed an affidavit dated 3rd July, 2015 of Jouras Ravi Kachru, an Executive
Engineer of KDMC, pursuant to the order of this Court dated 19.12.2014. It
is stated that the KDMC has conducted a survey for identifying the suitable
areas for construction of ladies toilets and that 22 such locations were
identified where approximately 100 seats could be constructed in Phase I
toilets. It is stated that the Corporation has issued a tender notice for
appointment of a consultant for preparing a detailed project report for
construction of ladies toilet blocks and to provide project management
consultancy and supervision services in the KDMC area. It is stated that
pursuant to the tender notice, only one tender was received and hence, fresh
tenders were invited.
36. The Thane Municipal Corporation (TMC) - Respondent No.
4 has filed an affidavit of Ratan Waman Awasarmol, the City Engineer,
dated 9th July, 2015. It is stated that after holding the meetings to discuss
the formulation of a Scheme, four locations were finalized, keeping in mind
the existing facilities and requirements. It is stated that two designs for
toilets were approved - Design "A" and Design "B". Design "A" was to
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have four units Indian/European type, changing/feeding room, caretaker
room, seating arrangements for infants , dustbin, mirrors and washbasins.
Design "B" was stated to have 2 units and wash basins. According to the
Corporation, after the census of 2011, the Corporation had constructed 917
numbers of toilets (Seats) and that 50% of the toilets were constructed for
women. It is stated that the TMC had earmarked a budget of Rs. 1 Crore
for the year 2015-2016 for constructing toilets for women walking on the
streets. An additional budget was to be earmarked for this purpose from the
next financial year. It is stated that further additional funds required for the
construction of toilets would be raised through CSR and/or through
advertisement rights and that the Corporation had sought help of NGOs who
were actively working in the field in order to enhance the facilities. It was
decided to construct a six foot over bridge with elevation. The space
provided for foot over bridge would be utilized to provide quality toilets.
According to the said affidavit, the Corporation had drawn a plan to
construct 240 number of toilet seats within the city limits in the next four
years. Out of the said 240 seats, 80 toilet seats would be movable and the
remaining would be immovable. It is stated that letters have been addressed
to various Authorities like the Indian Railways, Maharashtra State Road
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Transport Corporation, PWD , etc. for providing space to construct toilets.
The Corporation is also stated to have published public appeal in newspapers
inviting suggestions from local public as well as NGOs working on women
issues at large, for identifying suitable locations for women toilets.
Accordingly, TMC had also requested the public to submit suggestions
online on "[email protected]" by 13th July, 2015.
37.
The Aurangabad Municipal Corporation - Respondent No.8
has filed two affidavits dated 8th July, 2015 and 14th July, 2015. The said
affidavits have been filed by Afsar Siddiqui. In the affidavit dated 8 th June,
2015, it is stated that the Corporation had sanctioned around 272 lakhs
(Rs. 2 crores 72 lakhs) in February, 2007 for the purpose of construction of
toilet/urinals. It is stated that where there were large number of citizens and
especially ladies, the Corporation had undertaken construction of urinals/
lavatories at around 12 places. It is stated that construction work of some
toilets came to a standstill midway, on account of refusal of the organization
M/s. Sulbah International Social Services, to continue the work for the
Corporation. It is stated that at five places, the toilets have been constructed
on BOT basis for pay and use facility in collaboration with Aadhar
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foundation, Mumbai. It is stated that the Corporation has initiated a process
of construction of toilets/urinals in 15 additional busy places In its second
affidavit dated 14th July, 2015, it is stated that the Aurangabad Municipal
Corporation had called a meeting of NGOs, as per the directions of this
Court. In the said meeting, issues regarding construction of latrines, urinals
for women were discussed.
38.
The issue raised in the present PIL is about the need for public
toilets for women walking on the streets. As is evident from the affidavits
filed by the Municipal Corporations, pursuant to the orders of this Court, it
appears that the said Corporations have taken some steps for providing
public toilets/latrines for the women walking on the street and have also set
out the steps that will be taken in that direction. There can be no denial of
the importance of this issue on the health of the women walking on the
streets. Lack of such facilities i.e. toilets for women, which is a basic
necessity, can lead to several health issues in women.
39. Due to lack of toilet facilities for women or where toilets exist,
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but they lack in cleanliness, sanitation and hygiene, women tend to 'hold on'
and defer urination until they can find a clean public toilet or till they reach
home. Infact, at times, women do not drink water, when required to step
out, with the fear that she may not have access to a clean and safe toilet.
Medical science has shown that urinary tract infections, problems of
distended bladders, and a range of other uro-gynocological problems are a
consequence of deferring urination. For example, the chances of toxic
shock from internal sanitary protection is increased, if there are no toilets
available to change sanitary napkins/tampons when women are away from
home. The long term effects of controlling the bladder is a matter which is
medically recognized all over the world.
40. It is pertinent to note, that various studies and research have
been conducted all over the world with respect to the issue in hand and all
have emphasized the need for public toilets for women. The problems faced
by women walking on the streets vis-a-vis toilets are universal. Public
toilets used by women have to be user-friendly, sustainable, safe, clean,
hygienic and children/senior citizens/disabled friendly. Toilet issues affect
all 'users', but more particularly women, who comprise approximately 50%
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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.
Women when they are out on the streets during the day, in connection with
work, for shopping, or for carrying out other essential tasks, may find
themselves without the benefit of a convenient place to visit a
washroom/rest room/toilet, when they need 'to go' while away from home.
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 toilet problems are further aggravated because of
inappropriate locations, bad design, poor maintenance and management of
existing facilities, lack of toilet attendants, water, electricity, security, safety,
cleanliness and hygiene, etc. Limited opening hours, unequal distribution
and inappropriate location of facilities result in people declaring 'there's
never a public toilet when you want one'. Further, for a range of cultural,
practical and safety reasons, women are less likely than men to go to
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unknown places to use a toilet. Working women often combine childcare
and homemaking with work outside the home. This may result in different
travel patterns. For example, for many women the 'journey to work' is not a
single-destination trip but may consist of `several stopovers' as they travel
from home, to the childcare centres or to the school to drop the children,
then to the office and on return, to child care centre/school/shops before
returning home. There may be women who go out for field work in
connection with their job, for a walk to a park/promenade; there may be
women who go out to the market for their daily chores, women who take
children to playground/parks, women who travel by buses/trains, etc.
Women in general require toilets, including a greater number at different
locations, which are frequented.
41. Clean public toilets contribute to the health and well being of
the society. Need for clean toilets for women walking on the street cannot
be ignored. The need for women toilets/washrooms/restrooms is felt even
more acutely, during menstruation, when it is difficult to anticipate when it
will be time to change a sanitary napkin (tampon or pad), resulting in
frequent trips to the washroom. In addition, women often act as primary
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caregivers to the elderly, disabled, infirm and children, which may again
require them to make supplementary trips to the restroom.
42. We may note here with anguish, that something which is the
duty of the State Government and the local authorities to provide, is not
provided, resulting in the petitioners having to approach this Court by way
of the aforesaid PIL. The need to go to the toilet is completely natural, so
that the body can eliminate and flush out all the excess and waste product
that it does not need. An average bladder can hold more than two cups of
urine/liquid and holding the bladder for a long period of time can stretch
the bladder. Medically, the automatic feedback mechanism in the bladder
sends a signal to the brain when it is full, which would then require the
person to go to the nearest toilet. If for want of toilets, a woman is
prevented from going to the toilet, the body looses its ability to know when
it is time to go to the toilet. Apart from the same, the consequence of not
going to the toilet and controlling the bladder results in urinary tract
infection, kidney stone, interstitial cystitis and swelling of the bladder.
Consuming liquids is an important function for the human body, by which
kidneys are cleaned and hence, regular expulsion of urine is essential to
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ensure that no residues, which the body does not require, are left in the
body, leading to a host of other health problems.
43. The World Health Organization (WHO) of which India is a
member, considers health of human beings, regardless of age, gender, socio-
economic/ethnic background as the most basic and essential asset. The
preamble of the Constitution of the WHO, defines health as "a state of
complete, physical, mental and social well being and not merely the absence
of disease or infirmity". The preamble further states that "the enjoyment of
the highest attainable standard of health is one of the fundamental rights of
every human being, without distinction of race, religion, political belief,
economic or social condition". The 1948 Universal Declaration of Human
Rights also guarantees the right to a standard of living adequate for health
and well being (Article 25). The right to health was again recognized as a
human right in the 1966 International Covenant on Economic, Social and
Cultural Rights (Article 12). 19th November is celebrated as a World Toilet
Day and India is also a member of the World Toilet Organization, which was
established with the aim of breaking the taboo around toilets and to address
the sanitation crisis and for improving toilets worldwide. Since 2001, the
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Organization has lobbied Governments, public and private stakeholders, etc.
to prioritize sanitation in the development agenda. The right to health is
relevant to all States. India has ratified the International Human Rights
treaty recognizing the right to health. Thus, the right to health is an
inclusive right and the underlying determinants of health amongst other
things includes adequate sanitation. The Apex Court has held in several
cases that the right to life enshrined in Article 21 of the Constitution of India
cannot be restricted to mere animal existence and it means something more
than just physical survival. Right to live with human dignity is a
fundamental right of every Indian citizen and includes the bare necessities.
Article 47 of the Constitution of India casts a paramount duty on the State to
take all the necessary steps to improve public health as among its primary
duties. Similarly, as noted earlier, statutory duty/obligations are also cast on
the Corporations under the Maharashtra Municipal Corporations Act, 1949
and Mumbai Municipal Corporation Act. Thus, what is evident is that the
legislature has contemplated through these provisions, almost all that would
be required to be performed by the State Governments and Municipal
Corporations, in order to achieve the fulfillment of the fundamental right of
a dignified human life. Simple and basic but of vital importance are public
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toilets, which are as critical as any large infrastructure project to make cities
livable.
44. Considering the foregoing paragraphs, what emerges is 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. The lack of toilets
for women walking on the streets is evident from the affidavits. No doubt,
various Corporations as reflected in the affidavits have made substantial
budgetary provisions for construction of such toilets e.g. Pune Municipal
Corporation had earmarked Rs. 94,00,108 for the year 2014-15; Municipal
Corporation of Greater Mumbai has earmarked Rs. 4 crores for 2015-16;
Navi Mumbai Municipal Corporation has made a budgetary provision of Rs.
2.50 crore for the year 2015-16; Amravati Municipal Corporation has
earmarked Rs. 1 crore for public toilets for women and have sought financial
aid of Rs. 2.98 crores from the `Vidarbha Vikas Mahamandal, Nagpur;
Nagpur Municipal Corporation had earmarked Rs. 2 crores for 2014-15 and
Rs. 1 crore for 2015-16; Thane Municipal Corporation has earmarked
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Rs. 1 crore for 2015-16 etc., however, we are genuinely concerned with the
manner in which the funds will actually be used by the Corporations in
achieving its objective. There are several factors/issues which the
Corporations will have to bear in mind, whilst constructing such toilets. We
would like to deal with some of the issues under the following heads, which
according to us are of utmost importance;
(A)
Supply of Water and Electricity :
Uninterrupted supply of water and electricity is an essential
requirement to maintain cleanliness and to ensure security and safety of
women, both, within and outside the toilets. Corporations must take steps,
wherever possible, to ensure that Solar Panels are used, to reduce the cost of
electricity and for conservation of resources in the long run, keeping in
mind the eco-friendly benefits it has on the environment.
(B) Cleanliness and odour:
Cleanliness and hygiene are the most essential factors for public
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toilets. Non maintenance and unclean public toilets also result in a
proliferation of toilet-related diseases and medical conditions. Public toilets
are one of the main locations where complete strangers mix and use the
same sanitary facilities, with all the related risks of bodily fluid exchange,
contamination and organism transmission. A lady attendant must be
appointed for regular and frequent cleaning of the toilet. One thing that is
sure to turn off users from using the toilets is odour. A research paper 'Odor
and Affect: Individual Differences in the Impact of Odor on Liking for
Places, Things and People' published on the 'Oxford Journals' Website -
www.oxfordjournals.org provides evidence of substantial individual
differences in the affective importance of odours. The paper states that "In
addition to high variability in judgment of general importance, the sense of
smell differs from most other senses in its heavy affective loading. For
humans, it seems that the sense of smell (along with taste) stands out as
having more immediate and direct emotional impact". Thus, if a restroom
smells like urine it is most likely for a person to question the sanitation
practices carried out and not be comfortable using it. A restroom must be
odour free. It is imperative to cleanse, sanitize and disinfect the toilets.
Most of the people do not want toilets to be constructed near residential
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areas for the only reason being - odour. If a toilet has a bad odour, the same
can be smelt from far off distances. Let alone residential areas, toilets at
railway stations, footpaths have very bad odour which makes it next to
impossible for any person to stand near it.
To prevent odour, cleaning the toilet is of utmost importance.
Apart from cleanliness, appropriate ventilation can help prevent odour.
(C) Security:
Vandalism can occur anywhere, restrooms/toilets/washrooms in
particular provide an array of opportunities to cause destruction. It is
pertinent to construct toilets and provide equipment with vandalism
prevention in mind.
(D) Facilities to be provided:
(i) Soap dispensers / Toilet papers / Hand dryers : It has been noted
that public toilets are the highest pathogen carriers. The biggest risk in
bathroom safety is getting germs on your hands when you touch a surface
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with bacteria. After using the toilet, handles, towel dispensers, surfaces all
may carry infectious organisms. Thus, washing of hands with soap, after
using a toilet is very important. Hence, liquid soap dispensers must be
provided in all toilets.
(ii) Tampon and sanitary napkin dispensers:
Every woman has the need of tampons and sanitary napkins; and sometimes
as an emergency. Most sanitary napkin dispensers collect coins to distribute
the napkins and the units come with specific instructions. There are many
companies which provide sanitary napkin dispensers. These dispensers
dispense a sanitary napkin or a tampon by putting in a few coins. If the said
dispensers cannot be installed, sanitary napkins and tampons should be
made available on payment from the lady attendants.
(iii) Sanitary napkin disposal bins/ Female hygiene bins:
Female hygiene bins are dustbins made for disposal of sanitary napkins.
This is essential for ensuring hygienic and sanitized conditions as well as
avoiding a clogged toilet. It is necessary to ensure that sanitary napkins are
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not flushed down toilets, as this results in clogging of toilets as well as
creates an unhygienic condition for the next user. These dustbins are made
of anti-microbial properties which help in preventing the spread of germs.
This would also help in prevention of odour in the toilets and maintaining
cleanliness. These bins must be cleaned at regular intervals.
(E) Provision for the Disabled :
Facilities should extend to the disabled and toilets when constructed for
women must be disabled friendly and barrier free. It would be useful to
refer to certain provisions of the `Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995', which
the Corporations need to bear in mind while designing the said toilets.
Section 46 of the said Act reads thus :
"46. Non-discrimination in the built environment.- The
appropriate Governments and the local authorities shall,
within the limits of their economic capacity and development,
provide for-
(a) ........
(b) adaptation of toilets for wheel chair users;
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(c) .....
(d) ......"
Thus, Corporations whilst constructing toilets must endeavour
to provide one toilet seat in a unit for the disabled. The toilets shall be
built in such a way that it has a ramp for a wheelchair, thus making it
barrier free and disabled friendly. It must ensure that the size of the toilet
is big enough to accommodate a wheelchair; that there is a hand rail to
make moving from the wheelchair to the toilet easier; that the toilet seat
and wheelchair are at the same level; that the door is wide enough to
enable the entry and exit of the wheelchair; that the door opens outward
for easy access; that there is a door handle with a pull cord and the path
to the toilet is free from obstacles and is leveled.
(F) Toilet Checklist to be provided in each toilet :
A daily checklist to be affixed on any conspicuous part within
the toilet. The said checklist will be in a printed form, setting out in
columns, the time (hourly) along with column for cleanliness of the
urinal, wash basins, toilet roll, odour, soap dispenser, cleanliness of floor
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and cleanliness of wall, mirror. The said checklist will have a column,
where the name and signature of the person cleaning the same, will be
affixed, on an hourly basis. This checklist will help in ensuring
accountability for non-performance.
(G) Toilet Cleaning Equipments :
Each toilet to be provided with the basic equipment to clean
toilets e.g. for sweeping and swabbing of toilets, phynel, naphthalene
balls, etc.
(H) Signage :
As regards signage, signs indicating the location of public
washrooms are an important feature of public toilets. Citizens and in
particular, women, must know where the public toilets are situated and
hence, it is imperative that there are signage's which sufficiently indicate
the location of the toilets or else people are required to ask passersby,
whether there are public toilets located nearby, as signs are either non-
existent or difficult to spot. Needless to state, that such signboards must
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be standardized in size, colour, logo, and should be fluorescent for it to
be identifiable at any time of the night.
Even within and outside the toilets, there must be visual and
written signage depicting the usage of facilities, e.g., for flushing after
use, closing water taps, throwing paper and sanitary napkins in their
respective dustbins, etc.
Thus, Corporations and stakeholders must ensure that the
toilets which are constructed, meet all the requirements and needs of
women who will be using the said toilets. It may be noted here, that
several countries all over the world have policies specially for public
toilets. It includes graphics, designs, specifications, etc. for construction
of toilets, keeping in mind the security and safety of women, cleanliness
standards, aesthetics,including designs for disabled-friendly toilets.
45. The importance given to public toilets and hygiene
internationally is evident from the policies framed in this regard by several
countries;
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The National Environment Agency (NEA) is the leading
organization in Singapore, which sustains the clean environment in
Singapore and promoting clean and well-maintained public toilets is an
important aspect of NEA'S public health efforts. The NEA provides
information on requirements and guidelines on public toilet regulations to
the owners of public toilets. Singapore has an Association known as the
Restroom Association of Singapore ('RAS'), which has published a
guidebook titled "A Guide to better Public toilet design and Maintenance"
for the purpose of public toilets. The RAS with support from NEA has
launched the 'Happy Toilet Programme' on 1st July, 2003, to encourage
the toilet owners or operators to maintaining public toilets to standards
expected by the public. The said guidebook reveals the painstaking
efforts taken in ensuring well-designed toilets, keeping in mind the
facilities required, the safety and security aspect, cleanliness, prevention
of vandalism, the requirements of disabled persons, etc. There are visual
graphics of toilet designs, giving minute specifications/details.
Most of the cities in United Kingdom, have their own websites
wherein a separate page for 'Public Toilets' is created. 'The city of
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London' website, on its page for 'Public Toilets' provides the public with
information about public toilets like the kind of toilets (attended toilets,
accessible attended toilets, automatic public toilets, toilets with baby care
facilities), the charges to use these toilets, the location of the toilets etc.
Further, a telephone number and email address is also provided, where, if
the public wishes to comment on the public toilets provided by the city of
London, they can do so on the same.
United Kingdom too, has an association known as 'The British
Toilet Association (BTA)' which is a campaigning body established in
1999. The public toilets of Britain can be viewed as tourist attractions on
Britain's tourism site- VisitBritain. The 'House of Commons', in Britain
has provided for 'The Provision of Public Toilets' 2007-2008 6. In
addition to this, a guide has been published by the Communities and
local Government of UK known as 'Improving Public Access to Better
Quality Toilets'.
6 http://www.publications.parliament.uk/pa/cm200708/cmselect/cmcomloc/636/636.pdf
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In Australia, the Government had launched its National Toilet
Map, providing information of over 16,000 publically available toilets
across Australia. The map was created to help people with incontinence
regain their independence, but it also benefits other groups such as
tourists7. The map includes information on disability access and opening
hours for most of the toilets. (www.toiletmap.gov.au)
It is pertinent to note, that the Government of India- Ministry
of Urban Development has initiated the 'Swachh Bharat Mission (SBM)'.
The SBM has set out certain guidelines, amongst others, for the purpose of
construction of public toilets. The SBM is implemented by the Ministry of
Urban Development (M/o UD) and by the Ministry of Drinking water and
Sanitation (M/o DWS) for urban and rural areas respectively. According
to the SBM, by Public toilets, it is implied that these are to be provided for
the floating population/general public in places such as markets, train
stations, tourist places, near office complexes, or other public areas where
there are considerable number of people passing by.
7 www.health.gov.au
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47. SBM also aims at 'User Charges' and Corporate Social
Responsibility. Even under the SBM, the Government has set up the
`Swachh Bharat Kosh' to attract Corporate Social Responsibility funds from
Corporate Sector and contributions from individuals and philanthropists to
achieve the objective of clean India. As per the PIL, the proposed toilets/
urinals for women walking on the streets are to be on 'Pay and Use' basis.
Infact, some of the Corporations, in their affidavit, have proposed to raise
their funds through CSR and advertisements.
48. The affidavits of the various Corporations show that surveys
have been conducted by each Corporation to know the number of existing
toilets for women walking on the street. The surveys have shown that a
certain number of toilets for women already exist, however these toilets are
in a dilapidated condition, with some of the toilets in unhygienic conditions
and some not having doors, handles, windows or other facilities which
ought to be provided. With the existing toilets being in such conditions, the
guidelines and directions which we propose to give, shall be applicable
forthwith, even to the existing toilets. The respective Corporations shall
endeavour to revamp the existing toilets for women in the first phase itself,
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in accordance with the guidelines and directions which we propose to give.
Corporations to take prompt steps in ensuring that the existing toilets are
made functional, bringing them at par with the new toilets that will be
constructed. This will help in maintaining uniformity of toilets.
49. We may note here, after going through the reply affidavits filed
by the Corporations, that public toilets for women walking on the street are
grossly inadequate and no zeal, desire/self initiative is shown by
Corporations to improve the situation. The existing toilets are poorly
maintained, badly located and hardly used. It appears to us that some toilets
are built out of compulsion, without keeping in mind the users, the facilities
required and the privacy and safety of the women, thus making such toilets
impractical and an eye sore. Aesthetics in construction is given least
importance and is infact ignored. It is not the number which is important,
but it is the quality of construction, the facilities and the maintenance
thereafter which is important and all Corporations must lay emphasis on the
same. Under the new Scheme, the Committee shall ensure that the toilets
are designed with a proper floor plan, keeping in mind the facilities that are
required to be provided. The said Scheme may be implemented in a phase-
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wise manner. Providing toilets for women walking on the streets, is an
integral part of the civic amenities and Corporations cannot ignore their
statutory duty. The health of a city is inextricably linked to its toilets and it
is imperative to provide them in sufficient numbers.
50. Considering the aforesaid, we propose to dispose of the PIL, by
issuing certain directions to all the Corporations, which are as under :
ORDER
(i) All Municipal Corporations shall formulate a comprehensive
scheme for construction of toilets/ urinals/ restrooms/ privies for women
walking on the streets. The Corporations shall constitute a Committee
(called hereafter as "the Committee") under the Chairmanship of the
Commissioner/ Additional Municipal Commissioner and the said
committee shall include the concerned Municipal Officers i.e. City
Engineer, Officer in-charge of the Health Department, Officer in-charge
of Women and Child Department, Chairman of the Standing Committee,
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women representatives belonging to NGO's working in the said field and
few Women Municipal Councillors.
(ii) All Corporations shall constitute the aforesaid Committee, if
not constituted within 4 weeks from today. The Committee shall
formulate a comprehensive scheme from the identification of the spot to
construction of such toilets which shall include the management and
maintenance of the toilets. The emphasis should not be on providing
number of toilets on the basis of proportion of women population. The
emphasis should be on providing proper facilities at the right places
where they are needed the most. The Scheme may provide for private-
public partnership for construction and maintenance of toilets. The
Scheme may provide for payment of charges for the use of the facilities.
(iii) The Committee so constituted shall after conducting a survey,
identify the locations for construction of such toilets for women walking
on the streets, i.e. gardens, bus stops, rickshaw/taxi stands, crowded
places, railway stations, Government/Municipal Offices, etc. after doing
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spot verification, so as to ensure that the spot so chosen is practical,
accessible, feasible and safe. Ideally, the facilities shall be made
available by the side of the main roads, so identified. However, the
same will depend on the facts and circumstances of each case,
considering the availability and other relevant factors. E-toilets can be
provided depending on the local situation.
(iv)
The Committee shall take steps to have the toilet designed,
keeping in mind the location of such toilets, which are sought to be
constructed. The Committee must bear in mind that the place chosen has
regular supply of electricity, adequate light during daytime, has adequate
water and is safe. While designing the toilets, aesthetics and a clean and
clear access should be ensured, as these toilets will be located at prime
locations.
(v) The Corporations shall as far as possible try to install solar
panels to cut down on the cost of electricity and shall endeavor to
promote environmental friendly measures.
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(vi) While designing the toilets, care shall be taken to ensure that
there is proper ventilation and preferably natural light without
compromising on the privacy, security and safety of women.
(vii) The new toilets shall be a separate unit with a separate entrance
and be preferably at a distance from the men's toilets.
(viii)
All such toilets apart from being provided with the basic
facilities of continuous supply of water and electricity, shall also be
provided with soap dispensers, mirrors, toilet papers, hand dryers,
sanitary disposal dustbins, basins, normal dustbins and exhaust fans. As
far as `pay and use' facilities are concerned, sanitary napkins and
tampons shall be made available on payment basis or alternatively, a
dispenser for the same may be installed.
(ix) All cleanliness material for sweeping, swabbing, urinal
disinfectants, phenyl, naphthalene balls, etc. which are required to keep
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the toilets clean shall be made available to the lady attendant in each of
such toilets. Provision be made for storage of these materials.
(x) Directions for proper use of toilets (signage) shall be displayed
figuratively and in writing. The visual or figurative display shall guide
the users to use the toilets in a proper manner, e. g., flush toilet after
use; throw sanitary napkins/tampons in the sanitary hygienic bin; keep
the toilet seat clean and dry; wash hands with soap after use; use hand
dryer or paper towels; throw paper in dustbin, etc. The said
visual/figurative display and writing shall be standardized in size, colour,
logo, font, etc.
(xi) A lady attendant should be deputed in each of such toilet, to
ensure that the toilets are kept in a clean and hygienic condition. Toilets
shall be protected by a trained woman security person in uniform who
shall be available round the clock.
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(xii) The timing and frequency of cleaning of the toilets will be
determined by the crowd flow. Similarly the frequency will depend upon
the area and locality in which such toilets are situated. The toilets must
and shall be cleaned at least every 1-2 hours depending upon the usage.
The time at which the toilet shall be cleaned should be displayed. The
lady attendant shall ensure that the floors of the toilets are kept clean and
dry at all times.
(xiii) The Corporations shall ensure that there is a Lady Caretaker/
attendant in each of such toilets and that the said lady attendant/ caretaker
so appointed is adequately trained and certified to perform the task. The
lady caretaker/attendant/security in-charge shall be preferably in uniform
and shall be given a photo identity card with name and seal of the local
authority, so that, she can be identified.
(xiv) The Corporations shall ensure that an inspection card is
displayed daily which can be used for supervision and monitoring of
daily maintenance of toilets.
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(xv) A register or billing system shall be maintained at each toilet to
keep a record of the number of users as well as the payments made by the
users.
(xvi) The Corporations shall ensure cleanliness of toilets not only
from within, but shall also ensure cleanliness in the peripheral areas i.e.,
around the toilet is maintained. Corporations must also ensure that the
area outside the toilets is well lit, so as to ensure security and safety of
the women using the toilets. If possible, Corporations may consider
installing CCTV cameras outside the toilets so as to ensure that there is a
check on miscreants, without compromising on the privacy of the users.
(xvii) The Corporations may also outsource the maintenance and
cleanliness of the toilets to any housekeeping companies. The committee
which is formed shall fix responsibility/ accountability for gross failures
in the implementation of the comprehensive scheme/plan decided upon
or in maintenance of the toilets and facilities which have been provided.
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(xviii) Clear Signage shall be displayed on major arterial roads close
to where the toilet facilities are made available. It shall be ensured that
the said signage's are easily visible and must be standardized in size,
color, logo and shall be fluorescent for it to be identifiable at any time of
the night.
(xix) All Municipal Corporations are free to fix the charges for the
'Pay and Use' toilets which will be constructed. However, the
Corporations to ensure that the charges are reasonable and not exorbitant,
so as to dissuade women from using the same.
(xx) The Corporations shall make such toilets available where
possible 24X7 or if this is not possible then from morning to night.
(xxi) The working hours of the toilet and the user charges shall be
displayed at the entrance of such toilets.
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(xxii) All Corporations shall create a mechanism for inspection of
such toilets. Any member of the Committee i.e. lady member of the
NGO/ Lady Corporators/ Civic Official/ Committee member, shall
conduct regular inspections / surprise inspections of such toilets at
regular intervals, so as to ensure that the toilets so constructed are clean
and hygienic and that all the facilities are being made available. The
Corporations can constitute Ward Level Sub-Committees consisting of
Officers, Citizens and representatives of NGO by making the Sub-
Committee responsible for supervising the condition of toilets.
(xxiii) A grievance redressal mechanism shall be set up by each of the
Corporations. A telephone number/website shall be displayed in every
toilet where a complaint/grievance can be lodged/made / photographs
uploaded by the users of the toilet, to redress their grievance e.g. if toilets
are unclean, flush is not working, latch is broken, leakages, etc. The
complaints shall be received by the following methods : (a) Complaints
in writing received at designated centres; (b) Complaints received
through dedicated toll free number/s; (c) Complaints received through
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dedicated website; and (d) Complaints received by text message via cell
phones.
The Committee shall, in its Scheme, set out the time frame
within which the grievance will be addressed/fixed, considering the
exigencies of the situation.
Further an emergency number shall also be displayed in case of
any danger / emergency. An emergency bell can be provided which can
be used by the users in case of an emergency.
(xxiv) System of tracking shall be made available for citizens to
track the action taken by the Corporation on the basis of the complaints
received.
(xxv) All Corporations shall ensure that there is no defacement
of the exterior or within the interior of such toilets.
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(xxvi) When new toilets are constructed, Corporations shall
ensure that the toilets cater to the needs of the disabled and as far as
possible, there is one such toilet in every unit.
(xxvii) The Corporations in formulating its scheme must set out its
long term plan for construction of such toilets and shall submit the audit
reports every year. The regular audit report must contain, the budget
allocated for construction of such toilets, the expenditure incurred with
breakup of costs of various materials, fixtures etc. After completion of
construction of the new toilets, reports be submitted to the Committee,
with regards to the expenditure funds incurred on the maintenance,
repairs, payments to security personnel and housekeeping companies.
(xxviii) The Committee shall in its Scheme, device a mechanism for
accountability for failure to keep the toilets in a clean and hygienic
condition. The Committee can also introduce in its Scheme,
incentives/awards for toilets which maintain the highest standards of
cleanliness and hygiene.
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(xxix) The Corporations to ensure that there is no lapsing of the
budgetary provisions sanctioned for construction of such toilets.
Corporations shall endeavor to involve companies in construction and
maintenance of such toilets and may formulate a separate scheme with
involvement of such companies under the Corporate Social
Responsibility (CSR) / Public Private Partnership (PPP).
(xxx)
The Corporations shall make an endeavor to put up the
locations as well as facilities of toilets which are made so available on
the internet services, making it helpful to all women as well as women
tourists with regard to the exact location of toilets and directions to the
same.
(xxxi) The Municipal Corporations shall give wide publicity,
repeatedly, to the provision of public toilets for women in all leading
newspaper as well as on electronic media.
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51. Before we conclude, we would like to record our appreciation
for the efforts taken by the petitioners for raising this issue, resulting in
formulation of the aforesaid guidelines, which will benefit the women
walking on the streets.
52. All the Municipal Corporations shall file their first compliance
report before 8th March, 2016. The report shall set out the details of the
Scheme formulated by the Corporations, and the steps taken pursuant to the
same. The affidavit shall also set out the steps taken to revamp the existing
toilets.
53. The matter to be listed on 8 th March, 2016 under the caption
'for directions".
54. All concerned to act upon an authenticated copy of this order.
(REVATI MOHITE DERE, J.) (A. S. OKA, J.)
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