The Rajasthan High Court recently took suo motu cognisance of the lack of clean and hygienic public washrooms for women.Justice Anoop Kumar Dhand initiated the matter on December 3 after coming across a newspaper report in Hindi titled “Toilet Jane Ke Dar Se KamKaji Mahilaye Kam Pe Rahi Pani”"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," the Court said.Therefore, it issued notice to the Central and State governments, Urban Development Department and local authorities and sought their responses.The Court also recommended formulation of a comprehensive scheme for constructing toilets, urinals, restrooms and privies for women in streets, workplaces, schools and public areas along with formation of a committee to oversee its implementation."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 order said..The judge noted that despite numerous schemes, both the Central and State governments have failed in their duty to provide adequate public toilet facilities and distribute sanitary napkins to women on the streets and in workplaces."The problems faced by women walking on the streets visa-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% of the population. Men in general, have twice as much provision compared to women, as they have urinals, closets and a greater number of gents toilet blocks overall. The necessity for women to visit toilets is more and for a greater range of reasons, essentially because of biological differences," the Court highlighted.According to Article 21 of the Constitution of India, every citizen including women is entitled to the right to life and dignity, it added."The Right to dignity and decency ensures that every woman is treated with respect and honour. This right protects women from any kind of harassment, abuse or violence that undermines their dignity. It is vital to create an environment where women can live and work without fear of discrimination and degradation," the Court observed..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, it was emphasized."When the civilization has reached the 21st century and the status of women is still being defined by patriarchal society, the women are still fighting and finding a place in the society. There are various roadblocks that women, still in modern times, do face on a daily basis these include poor health, lack of washrooms, and unhygienic environment in public and working places," the Court said..Hence, it proceeded to issue notice to the State and Centre. "Let a copy of this order be sent to the respondents, RSLSA and all respective counsels for necessary compliance. Appropriate directions would be issued to the respondents on the next date of hearing," the Court stated.The matter will be heard next on January 7, 2025. .[Read Order]
The Rajasthan High Court recently took suo motu cognisance of the lack of clean and hygienic public washrooms for women.Justice Anoop Kumar Dhand initiated the matter on December 3 after coming across a newspaper report in Hindi titled “Toilet Jane Ke Dar Se KamKaji Mahilaye Kam Pe Rahi Pani”"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," the Court said.Therefore, it issued notice to the Central and State governments, Urban Development Department and local authorities and sought their responses.The Court also recommended formulation of a comprehensive scheme for constructing toilets, urinals, restrooms and privies for women in streets, workplaces, schools and public areas along with formation of a committee to oversee its implementation."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 order said..The judge noted that despite numerous schemes, both the Central and State governments have failed in their duty to provide adequate public toilet facilities and distribute sanitary napkins to women on the streets and in workplaces."The problems faced by women walking on the streets visa-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% of the population. Men in general, have twice as much provision compared to women, as they have urinals, closets and a greater number of gents toilet blocks overall. The necessity for women to visit toilets is more and for a greater range of reasons, essentially because of biological differences," the Court highlighted.According to Article 21 of the Constitution of India, every citizen including women is entitled to the right to life and dignity, it added."The Right to dignity and decency ensures that every woman is treated with respect and honour. This right protects women from any kind of harassment, abuse or violence that undermines their dignity. It is vital to create an environment where women can live and work without fear of discrimination and degradation," the Court observed..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, it was emphasized."When the civilization has reached the 21st century and the status of women is still being defined by patriarchal society, the women are still fighting and finding a place in the society. There are various roadblocks that women, still in modern times, do face on a daily basis these include poor health, lack of washrooms, and unhygienic environment in public and working places," the Court said..Hence, it proceeded to issue notice to the State and Centre. "Let a copy of this order be sent to the respondents, RSLSA and all respective counsels for necessary compliance. Appropriate directions would be issued to the respondents on the next date of hearing," the Court stated.The matter will be heard next on January 7, 2025. .[Read Order]
