The Kerala High Court on Thursday pulled up the National Highways Authority of India (NHAI) for failing to provide and maintain public toilets on National Highways (NH) [Petroleum Traders Welfare and Legal Service Society & ors v State of Kerala & ors].

A Division Bench of Justices Amit Rawal and PV Balakrishnan was hearing a matter concerning the use of toilets at petrol pumps by the general public when it highlighted the dearth of functional toilets along highways.

Recounting a recent car journey he undertook on an NH from Jaipur to Ranthambore, Justice Rawal said that while he was unable to find a single public toilet, he was issued 4 challans for over-speeding.

"Recently, when I was travelling from Jodhpur to Ranthambore, we could not find a single public toilet on the NH. It is such a long stretch. We oversped and got four challans. So challans are there but no public toilet," Justice Rawal orally remarked.

While listening to the grievances of petrol pump owners who were foisted with the responsibility of providing toilet facilities to the public, Justice Rawal orally remarked that it is the duty of the NHAI. He also compared the availability of public toilets in India to those in other countries.

"Basically, this is the duty of the NHAI. Frankly speaking, if you go any foreign country, after you cover a certain distance you will always find a convenience stop. There you can drink coffee, eat something, attend to calls of nature.But here we dont have this. Whatever National Highways toilets are there, they are not working. Nobody is there. Ultimately entire brunt has fallen on them (petrol pump owners). This is very very bad," Justice Rawal said.

The Court was hearing an appeal filed by Kerala's petroleum dealers association and several individual outlet dealers challenging an order of a single judge, which stated that washrooms of petrol pumps on national highways must be open to the public at all times. As per the single-judge order, toilets in petrol pumps in other areas was to be made available to customers and transit travellers. The order also directed owners of petrol pumps outside highways to not restrict public use unless there is a genuine threat to safety.

The Division Bench today modified the single judge's directions by stating that fuel stations which are not situated along NH can exercise their discretion and disallow general public from using toilets.

Such fuel stations have to permit customers and transit travellers to use their facilities. But when it comes to the general public, the fuel station owners and oil marketing companies are free to use their discretion to permit or not permit them to use the facilities.

The Court issued separate directions for petrol pumps situated along NH since they are required to follow a circular issued by the Ministry of Road Transport and Highways on the issue.

For petrol pumps along NH, the Bench ordered petrol pump owners and oil marketing companies to permit customers, transit travellers and staff to use toilets only during the working hours of the outlets.

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