HC seeks state’s response over lack of sanitation facilities for women along highways

The petition urged judicial intervention to compel the concerned authorities to act in consonance with the constitutional mandates arguing that the issue gravely violates the fundamental right to life with dignity

MUMBAI: The Bombay high court on Monday issued notice to the state government to respond to a petition highlighting the lack of sanitation facilities for women along national and state highways in Maharashtra. The next hearing is scheduled for July 7.

Mumbai - Bombay High Court. Photo by Girish Srivastava/HT 08-01-02

The petition filed by Kanchan S. Chindarkar, a legal professional, urged judicial intervention to compel the concerned authorities to act in consonance with the constitutional mandates arguing that the issue gravely violates the fundamental right to life with dignity under Article 21 of the Constitution of India. “Vulnerable sections such as pregnant women, menstruating women, elderly women, and girl students are disproportionately affected,” the petition mentioned.

During the arguments, Chindarkar referred to the court’s previous order dated December 23, 2015, wherein a division bench had directed the authorities to provide necessary hygienic sanitation facilities to women within the limits of the Brihanmumbai Municipal Corporation. Despite the Women’s Policies of 2001 and 2014, and the Draft National Policy of 2016, along with the goals of Swachh Bharat Abhiyan, the state and union governments and highway authorities have allegedly failed to implement the mandate to provide toilets every 25 km as per Chapter 10 of the 2014 Policy, she added.

After reviewing the arguments, the division bench of chief justice Alok Aradhe and justice Sandeep V. Marne issued notice to the Maharashtra government and the principal secretary of Women and Child Development Department, seeking their response on the issue.

“Sanitation is not merely a matter of convenience but is intrinsically linked to health, safety, and the dignity of women. The complete absence of gender-sensitive sanitation facilities along long stretches of national and state highways within the state, clearly reflects a gross abdication of constitutional duties by the state and its instrumentalities,” it said.

Citing court precedents, the petition highlighted the enforceability of sanitation rights and the judiciary’s proactive role in holding authorities accountable.