‘Adequate sanitation facilities a basic human right under Article 21′: HC directs BMC to provide sufficient toilets in Mumbai slums

The court passed the order on February 3 while hearing a writ petition filed by Chetan Samajik Pratishthan, which raised concerns over the lack of sanitation facilities in slum areas of Govandi in Mumbai’s eastern suburbs. The slum cluster, spread over nearly 1.83 lakh square metres, houses around 4,270 residents in over 800 huts.

Advocate Pradeep Thorat, appearing for the petitioner, submitted that the slums of Buddha Nagar, Bhaiyasaheb Nagar and New Lumbini Baug had only 60 toilet blocks, most of which were in a ruinous and dilapidated condition. He added that if any of these were demolished and rebuilt elsewhere, residents would be forced to walk long distances to meet basic sanitation needs.

A bench of Justices Girish S Kulkarni and Aarti A Sathe observed that the “meagre 60 toilets” were “insufficient” for a “large population” of over 4,000 persons. The court also noted that under municipal law, the civic body cannot neglect basic human needs such as adequate sanitation and toilet facilities.

“The Municipal Commissioner and officers below him cannot neglect and / or breach such basic rights of the citizens, who are living in unhygienic conditions in the slums that too, proliferated on the municipal and Government lands,” the bench said.

While noting that current state policies tend to “reward” encroachers who occupy public land before cut-off dates by granting free permanent alternate accommodation (PAA) or subsidised tenements, the court observed that such land is often made available for “commercial exploitation”.

The HC pointed out that these PAAs are “constructed by private developers” as a “business venture undertaken for profit”, which occurs “at the cost of the public exchequer and results in monumental and irreversible loss of public land” that could otherwise be used for gardens, playgrounds and other public amenities.

However, the court said that in the absence of any alternative policy, the failure of the BMC or the state to provide toilets in slum areas would amount to a “breach of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution”.

The HC further said municipal officers must also cater to other health and hygiene requirements in slum areas to prevent the spread of disease and infection. This duty includes providing clean drinking water and medical assistance through clinics and dispensaries.

“Such measures also constitute an entitlement of the slum dwellers to a disease-free and healthy life, which is a concomitant of Article 21 of the Constitution,” the court noted.

The bench directed the BMC to immediately repair and ensure daily maintenance of existing toilets, and to identify open areas to construct additional toilet blocks in proportion to the population within two months. It also said the Assistant Municipal Commissioner concerned must personally oversee the upkeep of toilet blocks in slum areas across Mumbai.

“This would be the basic municipal duty of the municipal corporation,” the HC said, while disposing of the petition.