The Delhi High Court has proposed surprise inspections of public toilets by teams of male and female students from three social work institutions to monitor their cleanliness, hygiene and structural condition, emphasising that access to hygienic public toilets is part of the right to life.
It further observed that the availability of such facilities must be assessed in proportion to the population of the areas falling under the MCD. The bench was hearing a petition filed by Jan Seva Welfare Society concerning the improvement, maintenance and hygiene of public toilets. As part of the proposed monitoring mechanism, the court requested the heads of three institutions: the Department of Social Work at the University of Delhi, Jamia Millia Islamia College of Social Work and Aditi Mahavidyalaya to spare teams comprising male and female students for surprise inspections of public toilets. The Additional Commissioner will then be required to initiate appropriate measures based on the inspection reports. The bench clarified that the proposed mechanism was intended to ensure accountability and monitor the discharge of statutory responsibilities by the civic body. It observed that the court could not be expected to supervise the MCD’s day-to-day functioning to determine whether its duties were being performed adequately. the final authority concerning sanitation and maintenance of public toilets rests with the Additional Commissioner While the Chief Engineer (Logistics) is responsible for providing infrastructure and logistical support.
The court noted that it had been passing orders in the matter since 2023. The court noted that the MCD area is divided into 12 zones, each headed by a Deputy Commissioner.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma said that despite efforts by the Municipal Corporation of Delhi (MCD), the condition of public toilets had not improved to the desired level, resulting in repeated complaints before the court. The court said the civic body was required not only to provide public toilets but also to ensure their proper maintenance, cleanliness and hygiene. In cases where deficiencies or lapses are identified, the Deputy Commissioner of the concerned MCD zone will be held answerable, the court said.
