Patna HC Urged the State Government to Set Up Toilets on Highways

CASE: The National Highway Projects in the State of Bihar v. State of Bihar.

BENCH: A Bench of Chief Justice Sanjay Karol and Justice S Kumar 

The Patna High Court recently urged the State government of Bihar, Oil Marketing Companies (OMCs), and the National Highways Authority of India (NHAI) to consider installing toilets on highways across Bihar. The bench said it was the State government’s responsibility to establish facilities for sanitation on highways. The bench further said that on a thorough examination of the statutory, and constitutional obligations that the governments, both central and state were bound to follow, it was found that the right to sanitation was virtually accepted as a fundamental right by courts.

The Court noted that the obligation on the State was even more pressing in regards to women. The bench also raised a question of how would a lactating mother travel from the capital city of the State to the farthest district without any facilities?

In addition, the Court considered the issue of setting up more petrol pumps on highways to curb the black marketing of petrol and diesel. Establishing petrol pumps at regular intervals has both economic and social benefits, according to the study.

After hearing the parties, the Bench passed the below directions- 

• The Chief Secretary, Government of Bihar, will examine the most efficient way to establish petrol pumps;
• The State, NHAI, and oil companies should consider building public toilets that are accessible to women on the roads, as well as people with disabilities;
• All toilets should have a proper system for the disposal of sanitary napkins;
• Authorities should consider mandating dhabas and restaurants on highways to provide toilets and water to the general public and maintain hygiene.