Access to Hygienic Public Toilets a Part of Right to Life: Delhi HC [Read Order]

New Delhi: The Delhi High Court has observed that the right to access hygienic public toilets forms part of the right to life, and has proposed a mechanism under which students of three social work colleges would conduct surprise inspections of public toilets in the Municipal Corporation of Delhi (MCD) area, with the Deputy Commissioner of the concerned zone held answerable for defaults.

A Bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma was hearing W.P.(C) 2088/2023 filed by Jan Seva Welfare Society (Regd) against the Union of India and others. The Court noted that it has been passing orders since 2023 on steps for the improvement, maintenance and hygiene of public toilets, and that, apart from obligations under the Directive Principles of State Policy, the right to access hygienic public toilets includes the right to life. It said:

“Apart from the obligations imposed under the Directive Principles of State Policy enshrined in the Constitution, the right to access hygienic public toilets includes Right to Life.”

The Court said the respondents must be sensitive to the need for public toilets in proportion to the population of the area under the MCD, and that the grievances relate to structural maintenance, hygiene and cleanliness, and availability in sufficient numbers. It noted that the MCD area has 12 zones, each headed by a Deputy Commissioner, and that, apart from the Chief Engineer (Logistics), who provides infrastructural and logistical support, the final authority on sanitation and maintenance of public toilets rests with the Additional Commissioner.

MCD’s counsel submitted a status report, not yet taken on record, and told the Court that reports are being prepared on hygiene and structural maintenance. He said the MCD first tried geotagging sanitation facilities on its own and later, in two zones, took the help of an institution in Chennai on a pilot basis, with satisfactory results.

The Court observed that, despite these efforts, the results were not satisfactory, as complaints kept coming before it, and that what is expected of the respondents is to discharge their statutory duty not only to provide public toilets but also to ensure hygiene. It added that it is not for the Court to supervise day-to-day functioning of the respondents.

As a check, the Court proposed that teams of male and female students from the Delhi School of Social Work (Department of Social Work), University of Delhi, Jamia Millia Islamia College of Social Work and Aditi Mahavidyalaya carry out surprise inspections of public toilets. They would submit reports with photographs to the Additional Commissioner in charge of sanitation, who must take appropriate steps and, if any default is noticed, hold the concerned zone’s Deputy Commissioner answerable. The Court requested the heads of the three institutions to respond by 02.11.2026, and sought a response from the Additional Commissioner (Sanitation) by the same date.

The Court also said it intends to require that, if consecutive defaults are noticed in a Deputy Commissioner’s functioning on structural maintenance and hygiene, the respondents indicate the action proposed against that officer, including the Chief Engineer responsible for logistical support. 

It warned that it would take serious note if financial support for the project is not provided, and said it will pass appropriate orders after receiving the responses. The matter is listed on 02.11.2026. 

Appearances:

For DJB and NDMC: Mr. Tushar Sannu and Mr. Parvin Bansal, Advocates.

For MCD: Mr. Manu Chaturvedi, Standing Counsel, with Mr. Arun Mishra, Addl. Commissioner (DEMS).

For TPDDL: Mr. Manish Kumar Srivastava and Mr. Moksh Arora, Advocates, with Mr. Amit Singh, AGM Legal.

For BSES RPL (R-8 and 9): Mr. Rishab Raj Jain, Standing Counsel, with Mr. Sharique Hussain and Mr. Om Swarup Kumar, Advocates.

For the Union of India: Mr. Jagdish Chandra, CGSC, with Ms. Maanya Saxena, Advocate.

Case Title: Jan Seva Welfare Society (Regd) vs. Union of India & Ors., W.P.(C) 2088/2023

[Read Order]