Right to sanitation fundamental right, Himachal Pradesh High Court urges construction of public toilets
By Team Legistify / 2017-06-18

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Ruling that right to sanitation is a fundamental right under Article 21, the Himachal Pradesh High Court has urged the State of Himachal Pradesh to construct public toilets along the highways.

The order was passed by a Bench of Acting Chief Justice Sanjay Karol and Justice Sandeep Sharma on May 19. Advocate General Shrawan Dogra appeared for the State government while advocate Deven Khanna served as Amicus Curiae.

The Court noted the absence of public conveniences in the State leading to hardships, especially for travelling public and how this was causing damage to ecology and pollution.

“This Court is informed that on a broad estimate, more than 500 buses daily ply in the State of Himachal Pradesh. Shockingly, on the Highways, there are not public conveniences available. The hardship, which the passengers, so travelling in a public transport, in particular ladies and children, suffer undoubtedly, is immense and painful. In fact, agonizing. The agony of the local residents is compounded with the influx of transitory tourist population, which also is in huge number.”

The Court cited a plethora of decisions of the Supreme Court to assert that right to sanitation is very much a part of right to life under Article 21 of the Constitution.

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