The Jaipur bench of the Rajasthan High Court has suo motu taken cognizance of the inadequate and unhygienic public washrooms for women, emphasizing the serious health risks associated with the issue.

Justice Anoop Kumar Dhand, presiding over a single-judge bench, pointed out that the absence of basic sanitation facilities for women violates their fundamental right to life and dignity under Article 21 of the Constitution.

The case was sparked by a news report in a Hindi daily on November 27, 2024, titled "Toilet Jane Ke Dar Se Kamkaji Mahilaye Kam Pe Rahi Pani" (Working Women Restricting Water Intake Due to Fear of Toilet Accessibility). The report highlighted how women, unable to access clean and convenient public toilets, are compelled to delay urination or limit their water intake, leading to various health complications.

The court recognized the health risks associated with the lack of accessible public restrooms for women, including urinary tract infections, kidney stones, and other uro-gynecological issues. These problems arise when women are unable to use a restroom during their daily activities, further exacerbating the health implications of inadequate sanitation facilities.

The court further underscored, “Not only are the basic infrastructure/facilities lacking, but even those provided are far from satisfactory. Infact, they are sub-standard. The toilet problems are further aggravated because of inappropriate locations, bad design, poor maintenance and management of existing facilities, lack of toilet attendants, water, electricity, security, safety, cleanliness and hygiene, etc.”

The court further remarked, “It is vital to create an environment where women can live and work without fear of discrimination and degradation.”

The court criticized both the Central and State Governments for their failure to provide adequate public toilet facilities, despite the existence of various schemes and provisions under the Rajasthan Municipalities Act, 2009, and Article 47 of the Constitution. It also referenced international human rights standards, including the World Health Organization's recognition of health as a fundamental human right, which encompasses the right to adequate sanitation.

“Limited opening hours, unequal distribution and inappropriate location of facilities result in people declaring ‘there's never a public toilet when you want one’,” the court highlighted.