Judgment Intelligence
OtherSuo Motu: In Re Dignity, Respect & Honour of Girls and Women v. Union of India & Ors.
Civil Writ Petition No. 18518/2024 (Suo Motu PIL)
- Court
- Rajasthan High Court
- Date of Decision
- 3 December 2024
- Bench
- Justice Anoop Kumar Dhand
- Relevant Acts & Sections
- Constitution of India, Articles 21 and 47; Rajasthan Municipalities Act, 2009
Final Outcome
Cognizance only; directions were deferred to the next hearing (para 20). On 07.01.2025 a Division Bench sought the steps taken for women's facilities in offices, institutions and markets and asked the State for exhaustive guidelines within four weeks. No later order is available.
Key holdings
- Show-cause notice on 31 proposed directions, starting with a scheme by every municipal body for women's toilets on streets, workplaces, schools and public places, framed by a committee including women councillors and NGO representatives (para 15).
- Proposed standards: separate units away from men's toilets, water and electricity, sanitary napkins on payment or by dispenser, a lady attendant, a trained woman security guard round the clock, cleaning every 1-2 hours and well-lit surroundings (para 15).
- Also proposed: reasonable charges, 24x7 access where possible, a grievance mechanism, disabled-friendly units, yearly audits, CSR/PPP participation and wide publicity (para 15).
- Reports summoned from the Chief Secretary and the Union Housing and Urban Affairs Secretary on steps taken (para 16).
Brief Facts
On 27.11.2024 the Jaipur edition of Rajasthan Patrika carried a news item titled "Toilet Jane Ke Dar Se Kamkaji Mahilaye Kam Pe Rahi Pani" (roughly, working women drink less water for fear of going to the toilet) (para 11). On 03.12.2024 a single judge treated the report as a suo motu public interest litigation titled In the matter of Dignity, Respect & Honour of Girls and Women, against the Union Ministries of Housing and Urban Affairs and of Women & Child Development, the State of Rajasthan, its Urban Development and Housing Department and the Director, Local Bodies (para 14). Counsel were requested to assist the Court (para 17).
Court's Findings
The Court said the right to dignity protects women from harassment and degradation and that, under Article 21, every citizen, including women, is entitled to the right to life and dignity (paras 2-3). Despite several schemes, the Central and State Governments had failed to provide public toilets and distribute sanitary napkins to women on the streets and at workplaces (para 6). Where toilets are absent or unclean, women defer urination or avoid drinking water, which medical science links to urinary tract infections (paras 8, 11). Men generally have twice as much provision as women, and the need is sharper during menstruation and for women who are caregivers (paras 9-10). Drawing on the WHO Constitution, the Universal Declaration of Human Rights and the ICESCR, the Court held that the right to health is an inclusive right whose underlying determinants include adequate sanitation (para 12). Article 21 means more than animal existence, Article 47 casts a paramount duty on the State to improve public health, and municipal bodies carry statutory duties under the Rajasthan Municipalities Act, 2009. Public toilets are as critical as any large infrastructure project (para 12).
Legal Principle
Women have the right to have safe and clean toilets at all convenient places, a right that impacts their right to live with human dignity. Improving public health by providing such toilets is one of the paramount duties of the State and municipal corporations, and the right to health includes adequate sanitation (paras 12-13).
