Delhi High Court Raps Civic Bodies For 'Complete Apathy & Insensitivity' Over Maintenance Of Public Toilets, Calls For Comprehensive Plan

The Delhi High Court on Wednesday rapped the Municipal Corporation of Delhi (MCD), New Delhi Municipal Corporation (NDMC) and Delhi Development Authority (DDA) for “complete apathy and insensitivity” over the issue of maintenance of toilets and public conveniences in the national capital.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said it is unfortunate to deal with the issue relating to providing adequate and appropriate toilet and conveniences to the general public at large.

The Court was dealing with a public interest litigation filed by Jan Sewa Welfare Society to ensure the availability of hygienic public urinals with clean water and electricity supply in the city.

“The municipal authorities and development bodies like MCD, DDA and NDMC have exhibited a complete apathy, insensitivity and even dereliction of duty so far as the maintenance of public conveniences is concerned,” the Court said.

While the authorities filed their status reports detailing the steps taken by them on the issue, certain photographs were filed on record by the petitioner's counsel showing the conditions of few public toilets in Delhi.

Noting that the photographs spoke themselves that adequate and requisite action was not taken by the authorities, the Court said that the municipal and development authorities need not be reminded repeatedly that their primary responsibility under the law is to provide adequate public conveniences.

“Afterall, the municipal bodies and development agencies are created by the legislature for the benefit of the general populace and they function on public money. It is hurting and unfortunate to note the conditions of toilets depicted in the photographs tendered by the counsel appearing on behalf of the petitioner,” the Court said.

It added that it appears that the conditions of public toilets as shown in the photographs were not confined to the toilets in respect of which the photos were filed but the condition of toilets in other areas in Delhi “are no better than what is being depicted in the photographs.”

“Given such state of public utilities available in the city, the problems being faced by women lot gets compounded by obvious reasons,” the Court said.

It directed that the matter be taken up by MCD, NDMC and DDA at the highest level and a comprehensive plan be prepared by them individually in their respective territorial jurisdictions.

“The plan to be prepared shall be founded on an appropriate study conducted by exports and such study shall make appropriate recommendations to ensure that public utility services remain usable,” the Court said.

While listing the matter after two months, the Court directed the authorities to take steps to ensure that the public conveniences function appropriately in the meantime.

The Court further directed MCD to take remedial measures to make at least the toilets, the photographs of which were filed on record, functional.

“We request the counsels appearing for MCD, DDA and NDMC to take up the matter personally with the Commissioner of MCD, Chairperson of NDMC and Vice Chairman of DDA,” the Court said.

Earlier this year, the Court had directed that a common application be developed to be used by all the authorities for attending to the grievances in relation to malfunctioning of public toilets in the national capital.

The plea seeks directions on the respondents to inspect all available and functionally constructed public urinals in Delhi and to initiate steps for the construction of more public toilets.

It states that the general public in Delhi faces various issues due to poor maintenance of public toilets which are not properly maintained and also lack hygiene. It adds that lack of proper sanitation causes a “disgusting atmosphere” and infectious diseases which may cause societal hazards.

Title: Jan Seva Welfare Society (Reg.) v. Union of India and Ors.