Formulate public toilets scheme for women: HC

Observing that a woman has a right to have a safe and clean toilet at all convenient places, the Bombay high court on Wednesday directed all the municipal corporations across Maharashtra to formulate a comprehensive scheme for construction of toilets for women walking on the streets. The court has also issued several guidelines to be implemented by the municipal corporations for construction, smooth operation and maintenance of these toilets.

The division bench of Justice A.S. Oka and Justice Revati Mohite-Dere was hearing a PIL on the issue of lack of public toilet facilities for women walking on street in the state and due to this many ladies suffer from various health issues.

“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. One of the paramount duties of the state and the corporations is to improve public toilets for women at all convenient places,” observed the bench.

The court, in its order, has observed, “Clean public toilets contribute to the health and well being of the society. Need for clean toilets for women walking on the street cannot be ignored. The need for toilets for women is felt even more acutely during menstruation when it is difficult to anticipate when it is time to change a sanitary napkin, resulting in frequent trips to the washroom.”

The court has also asked all the civic bodies to constitute a committee under the chairmanship of the commissioner of additional commissioner within four weeks. The judges have asked these committees to identify spots to construct toilets and the scheme 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,” said the court.

According to the judges, the location of such toilets for women walking on streets should be gardens, bus stops, rickshaw/taxi stands, crowded places, railway stations, government/municipal offices etc. The court has also clarified that spot verification should be done to ensure that the spot chosen is practical, accessible, feasible and safe. “Ideally, the facilities shall be made available by the side of main roads,” adding, “However, the same will depend on the facts and circumstances of each case, considering the availability and other relevant factors. E-toilets can be provided depending on the local situation.”

According to the court order, these toilets should have regular supply of electricity and water and adequate security and if required even installation of CCTV cameras for safety purpose.

In a detailed order, the judges have also said, “The toilets shall also have soap dispensers, mirrors, toilet papers, hand dryers, sanitary disposal dustbins. As far as pay-and-use facilities are concerned, sanitary napkins and tampons shall also be made available. A lady security guard should also be present.”

The court has directed all the civic bodies in the state to file a compliance report on March 8, 2016.