The Bombay High Court on Monday issued notice to the State on a public interest litigation (PIL) petition filed by a city-based advocate urging the State government to construct and maintain public toilets across all highways in Maharashtra..The plea filed by advocate Ruju Thakker said that the absence of basic sanitation facilities violates the constitutional right to life, health and dignity of commuters, particularly women, children and elderly travellers.A Bench of Chief Justice Alok Aradhe and Justice M S Karnik issued notice to the State of Maharashtra, represented through the Public Works Department (PWD), and the Maharashtra State Road Development Corporation (MSRDC), which manages major expressways in the State. The matter will be heard again on June 13..The petitioner drew the attention of the Court to government inaction despite a 2018 policy to construct 400 toilets along state highways.Thakker contended that the State's failure to implement and maintain basic sanitation infrastructure violates the fundamental rights of citizens under Article 21 of the Constitution.“The absence of proper toilet facilities, including the lack of incinerators for sanitary waste disposal, lack of nursing stations and diaper changing stations leads to women and other commuters to engage in unsanitary practices thereby jeopardizing their health. Similarly, the absence of nursing stations and diaper-changing facilities for toddlers compels parents to manage essential childcare needs in unsuitable conditions. This often results in soiled diapers being discarded indiscriminately creating unhygienic conditions that pose significant health risks to both toddlers and other commuters,” it was submitted in the petition..As per the plea, Right to Information (RTI) replies received from MSRDC and PWD confirmed that many toilets lack essential amenities such as sanitary napkin incinerators, diaper-changing stations and nursing rooms. Although janitors are reportedly deployed, the RTI responses do not clarify their deployment strength or maintenance schedules.In addition to constitutional violations, the plea invoked Section 5 of the Maharashtra Highway Act of 1955, stating that the State and MSRDC are legally obligated to provide basic public amenities, including clean toilets, as part of highway infrastructure development..The petition also raised concerns under Article 48A of the Constitution, which mandates the State to protect the environment. The lack of sanitary waste disposal systems leads to open dumping and environmental degradation, it was contended.Hence, directions were sought to the State and MSRDC to construct toilets in accordance with the 2018 policy, ensure routine maintenance, install sanitary pad vending machines and incinerators and implement grievance redressal mechanisms for commuters.
