In the present day, one of the districts of Delhi, which is within the radius of 15 km from New Delhi, Shahdara, still lacks the basic necessities like public toilets, especially for women and transgender people, and those that are present there are not in proper working condition due to lack of maintenance, no water in taps, foul smells, and several times they are locked.
Access to proper sanitation is a basic fundamental right of citizens irrespective of gender, and it is enshrined under Article 21. It is a fundamental right; it gives the right to live life and personal liberty. The non-availability of public toilets in Shahdara, especially for women and transgender people, is not only a violation of Article 21, but it is also violating Article 14, which rejects any type of discrimination based on caste, race, religion, place of birth or sex.
That apart, the World Health Organization, of which India is a member, considers the health of human beings as the most basic and essential asset, regardless of age, gender, or socio-economic/ethnic background.
The aim of this article is not only inspired by the problem but also inspired by the words of W. Paul Gormseley at the silver jubilee celebration of UDHR at Banaras Hindu University [1], ‘We, in India, should on this occasion study the human rights declared and defined by the United Nations and compare them with the rights available in practice and secured by the law of our country.’
RTI Responses on Public Toilets in Shahdara
In response to the RTI filed by Tapan Nagar to MCD, the Public Works Department and the Social Welfare Department, we sought the information on public toilets built by these departments (especially for women, transgender people and PwD).
We received the information ‘It is initiated that there is no public toilet built by this office; hence the information may be treated as nil[i]’ from PWD.
Other authorities failed to provide any response.
Despite the passage of time, the ground situation in Shahdara continues to remain largely unchanged. A field survey conducted in the area revealed non-functional, inaccessible, and insufficient sanitation facilities, reflecting the continuing neglect of basic public sanitation infrastructure.
Major Issues Found During Field Survey
- Non-functional public toilets
- Lack of water supply in taps
- Foul smell and unhygienic conditions
- Several toilets remaining locked
- Insufficient sanitation facilities for women and transgender persons
- Lack of accessibility for PwD
Constitutional Protection
The ambit of Article 21 is widened by the Hon’ble Supreme Court on several occasions, and it is not limited to ‘right to life’; rather, it means something more than mere survival or animal existence [ii].
The expression “life” enshrined in Article 21 of the Constitution does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes the right to livelihood, better standard of living, hygienic conditions in the workplace and leisure.
The right to life with human dignity encompasses within its fold some of the finer facets of human civilisation which make life worth living [iii].
All that goes along with it, namely, the bare necessities of life, such as adequate nutrition, clothing and shelter over the head and facilities for reading, writing and expressing oneself in different forms, and freely moving about and mixing and commingling with fellow human beings [iv].
Article 21 gives the right to access to toilets and sanitation, as it covers all aspects that give dignity and liberty to human beings. “The jurisprudence of personhood or philosophy of the right to life envisaged under Article 21 enlarges its sweep to encompass human personality in its full blossom with invigorated health, which is a wealth to the workman to earn his livelihood, to sustain the dignity of the person and to live a life with dignity and equality [v].”
Supreme Court Recognition of Access to Toilet as Human Right
In January 2025, the Hon’ble Supreme Court declared access to toilets as a facet of human rights in the case of Rajeeb Kalita Vs. Union of India and Ors [vi]; it is well settled that sanitation is a human necessity and protected by Article 21. Besides that, access to sanitation protects hygiene by preventing open urination.
A hygienic environment is an integral facet of healthy life. The right to live with human dignity becomes illusory in the absence of a humane and healthy environment [vii].
Fundamental Rights and Public Sanitation
| Constitutional Provision | Protection Provided |
|---|---|
| Article 21 | Right to life, dignity, sanitation, hygiene and personal liberty |
| Article 14 | Equality before law and prohibition of discrimination |
Need for Inclusive Public Toilet Infrastructure
The absence of safe and functional public toilets in Shahdara disproportionately affects women, transgender persons and persons with disabilities. Public sanitation infrastructure must be inclusive, accessible, hygienic and properly maintained to ensure dignity, equality and public health.
- Separate and safe toilets for women
- Inclusive sanitation facilities for transgender persons
- Accessible toilets for PwD
- Regular maintenance and cleaning
- Continuous water supply
- Proper monitoring by civic authorities
International Law and Right to Sanitation
Several international laws that promote the right to a standard of living which outlines the basic necessity of public toilets and access to sanitation as human rights.
United Nations Resolution on Water and Sanitation
United Nations General Assembly Resolution No. A/RES/64/292 dated 3rd August, 2010, states that the right to safe and clean drinking water and sanitation is a human right that is essential for the full enjoyment of life and all human rights.
Human Rights Council Resolution No. A/HRC/15/L.14 dated 24.09.2010 affirms the same.
| International Instrument | Key Provision | Importance |
|---|---|---|
| UN General Assembly Resolution No. A/RES/64/292 | Recognizes safe drinking water and sanitation as a human right | Essential for full enjoyment of life and human rights |
| Human Rights Council Resolution No. A/HRC/15/L.14 | Affirms sanitation and water rights | Strengthens international human rights obligations |
Universal Declaration of Human Rights, 1948 – Article 25
Universal Declaration of Human Rights, 1948, Article 25 – Article 25 of UDHR is enshrined under Article 21 of the Constitution, and the same is held by the Supreme Court as “Article 25(2) of UDHR ensures the right to a standard of adequate living for the health and well-being of an individual, including housing and medical care, and the right to security in the event of sickness, disability, etc.” The right to life with human dignity encompasses within its fold some of the finer facets of human civilisation which make life worth living [viii].
International Covenant on Economic, Social and Cultural Rights, 1966
International Covenant on Economic, Social and Cultural Rights, 1966, Article 12.2. The steps to be taken by the States Parties to the present Covenant to achieve the full realisation of this right shall include those necessary for: (b) The improvement of all aspects of environmental and industrial hygiene.
Public Toilets for Women
Verse 3.56 of Manusmriti says, “Where women are given due respect, even Gods like to reside there.” But in the Shahdara district women are facing challenges for dignity, as no usable public toilet has been built by the authorities for women even though toilets are recognised as human rights [ix].
In the Shahdara district, women are working in large numbers either in markets like Chotha Bazar or travelling outside for work or study, and due to the highly populated residential area, it requires a greater number of female public toilets.
Due to this non-availability of public toilets, it is affecting the dignity and right to live a life of respect, equality and decency, free from any kind of fear, force, violence and discrimination.
Rajasthan High Court on Women’s Dignity and Public Toilets
The same situation is adjudicated by the Rajasthan High Court in Re: Dignity, Respect & Honour of Girls and Women [x], which stated that due to the non-availability of public toilets or clean public toilets, women tend to defer going to the washroom until they find a clean toilet, sometimes even avoiding drinking too much water while stepping outside.
Medical science shows that urinary tract infections, problems of distended bladders, and a range of other urogynecological problems are a consequence of deferring urination.
Considering the seriousness of the issue, the High Court issued a series of directions to the government for the security and safety of women.
- Non-availability of public toilets impacts women’s dignity.
- Lack of sanitation facilities affects women’s health.
- Women often avoid drinking water due to lack of clean toilets.
- Public safety and privacy concerns increase in the absence of proper facilities.
Right to Safe and Clean Toilets for Women
Women have the right to have safe and clean toilets at all convenient places, which in a way impacts their right to live with human dignity.
One of the paramount duties of the States/UTs and the corporations is to improve public health by providing toilets for women at all convenient places [xi].
Delhi High Court on Washroom Facilities for Women
Delhi High Court in 2024 ’emphasised the importance of these facilities, stating that access to clean, functional and secure washroom facilities is a basic necessity, especially for women members of the Bar.
It highlighted the need to protect the safety, privacy and health of female lawyers and urged all parties involved to treat this issue with the seriousness it deserves [xii].
The view taken by the high courts is widely accepted and correct; the same situation is faced by the women in the Shahdara district, and their safety, privacy and health are equally important.
| Issue Faced by Women | Impact |
|---|---|
| Lack of usable public toilets | Violation of dignity and privacy |
| Unsafe sanitation facilities | Risk to safety and security |
| Avoiding toilet use | Health complications and infections |
| Inadequate public infrastructure | Discrimination and inequality |
Public Toilets For Transgender Persons
We are a country governed by the rule of law. Every person is entitled to equality before the law and equal protection of the laws [xiii]. Article 21 guarantees rights and dignity to all the persons irrespective of anything; still, the transgenders are facing challenges in availing the basic need of separate toilets in Shahdara.
Access to public toilets is a serious problem they face quite often. Since there are no separate toilet facilities for transgender persons, they have to use male toilets where they are prone to sexual assault and harassment.
Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before law and equal protection of law and violates Article 14.
The apex court, in the case of National Legal Services Authority v. Union of India [xiv], directed:
“Centre and state governments should take proper measures to provide medical care to TGs in the hospitals and also provide them separate public toilets and other facilities.”
The non-availability of separate public toilets for transgender people is a violation of fundamental rights outlined under Articles 14 & 21 and the non-compliance of the direction issued by the Supreme Court. It is also a violation of special law for the transgender community, i.e., the Transgender Persons Act, 2019.
Transgender Persons (Protection Of Rights) Rules, 2020
Transgender Persons (Protection of Rights) Rules, 2020, Rule 10 speaks about welfare measures, education, social security and health of transgender persons by appropriate government.
On the basis of Articles 14 & 21 and the Transgender Persons Act, it has become well settled that separate public toilets should be constructed for transgender people, as the purpose of the law is the evolution of a happy society.
In the fitting words of Justice Iyer:
“It is a negation of justice to say that some members, some groups, some minorities, some individuals do not have welfare; on the other hand, they suffer from ill-fare.”
The non-availability of public toilets for women and transgender people is discrimination on the grounds of ‘sex’.
Constitutional Obligations Of The State
Article 47 casts a paramount duty on the State to take all the necessary steps to improve public health as among its primary duties.
There is still a greater obligation upon the Centre and State in terms of Article 48-A of the Constitution, where it is required to protect and improve the environment.
It is a duty of the state to improve public health, protect the environment and raise the standard of living, and to fulfil its obligation, the state should provide access to sanitation and clean toilets, especially for women and transgender people.
In a welfare state, therefore, it is the obligation of the state to ensure the creation and the sustaining of conditions congenial to good health [xv].
Maintenance and improvement of public health have to rank high, as these are indispensable to the very physical existence of the community, and the betterment of these depends on the building of the society which the Constitution makers envisaged.
Attending to public health, in our opinion, therefore, is of high priority – perhaps the one at the top [xvi].
Conclusion / Recommendation
Appropriate authorities should set up new public toilets and take appropriate measures to keep old toilets which are in unusable conditions in user-friendly condition.
Additionally, measures should be taken to make these basic necessities accessible to PwD.
Accessibility For Persons With Disabilities
For instance, there are no tactile pavements to assist visually impaired persons, leaving them unguided.
Supreme court in All India Judges Association and ors. Vs. UOI[xvii] also give certain directions to give fundamental and vital features to be provided in the court complex, which include separate washrooms for men, women and transgender.
Due to its fundamental nature, these features also become necessary for people spending time outdoors, either for work or study.
Need For Modern Bio-Toilets
Set up public toilets for all the genders across the Shahdara district, but with the modern bio-toilets as adopted by Indian railways across trains, the same or similar technology may be incorporated to install new environmentally friendly toilets across courts in the country as well to further the goal of sustainable development.
Privacy, Safety And Dignity
Public toilets for women and transgender people must be totally covered to protect their privacy and dignity. As of now, male washrooms are uncovered at several locations, which is unhygienic and also creates unpleasant situations for other passersby.
All public toilets must be covered to ensure the safety and dignity of users.
Sanitation And Breastfeeding Facilities
Additionally, in light of the above discussion, adequate facilities for sanitary napkin dispensers should be made available in women’s toilets as a right to access to sanitation.
Appropriate authority should consider incorporating breastfeeding facilities to support nursing mothers, along with dedicated platforms for changing napkins within toilet areas, similar to the amenities available in airports.
These additions would provide essential support for mothers, ensuring comfort and convenience.
Key Recommendations At A Glance
| Issue | Recommendation |
|---|---|
| Separate Toilets For Transgender Persons | Construct dedicated public toilets for transgender persons across Shahdara district. |
| Unusable Public Toilets | Repair and maintain old toilets in user-friendly condition. |
| Accessibility For PwD | Provide tactile pavements and accessible infrastructure. |
| Environmental Sustainability | Install modern bio-toilets using eco-friendly technology. |
| Privacy And Safety | Ensure all toilets are properly covered and hygienic. |
| Women’s Hygiene Facilities | Install sanitary napkin dispensers and changing platforms. |
| Facilities For Nursing Mothers | Provide breastfeeding and childcare support areas. |
Constitutional And Legal Framework
- Article 14 – Equality before law and equal protection of laws.
- Article 21 – Right to life and dignity.
- Article 47 – Duty of the State to improve public health.
- Article 48-A – Duty to protect and improve the environment.
- Transgender Persons Act, 2019.
- Transgender Persons (Protection of Rights) Rules, 2020.
- Directions issued in National Legal Services Authority v. Union of India [xiv].
End Notes:
- RTI Reg No. PWDDEC/R/2025/80244/2, PWDDEC/R/2025/80243/2, PWDDEC/R/2025/80242/2, PWDDEC/R/2025/80245/6
- State of Maharashtra v. Chandrabhan Tale, 1983 INSC 74
- In Re. Amarnath Shrine v. Union of India: SUO MOTU WRIT PETITION (CIVIL) NO. 284 OF 2012
- Francis Coralie Mullin v. Administrator Union Territory of Delhi: 1981 INSC 11
- Common Cause (A Registered Society) v. Union of India, 1999 INSC 299
- Rajeeb Kalita Vs. Union of India (UOI) and Ors.: 2025 INSC 75
- State of M.P. v. Kedia Leather & Liquor Ltd., 2003 INSC 405
- See, Supra 13
- See, Supra 6
- In Re: Dignity, Respect and Honour of Girls and Women: Order dated 03.12.2024 in C.W. No. 18518/2024 (Suo Motu Writ Petition)
- Milun Suryajani v. Pune Municipal Commissioner: PIL No. 98 of 2011
- Smita Kumari Rajgarhia vs. Govt. Of NCT Of Delhi: Order dated 16.10.2024 in W.P.(C) No. 14517 of 2024
- National Human Rights Commission v. State of Arunachal Pradesh, 1996 INSC 38
- National Legal Services Authority v. Union of India: 2014 INSC 275
- Vincent Panikurlangara vs. Union of India (UOI) and Ors.: 1987 INSC 66
- Akhil Bharatiya Soshit Karmachari Sangh v. Union of India: 1980 INSC 224
- Para 12, MANU/SC/0827/2018
