Mumbai, Feb 06: Calling access to sanitation a matter of “basic human rights under Article 21” of the Constitution of India, the Bombay High Court has come down heavily on civic authorities over the appalling condition and shortage of toilets in Govandi’s Buddha Nagar slum.
The court said the municipal corporation cannot abandon its duty to provide essential facilities simply because the settlement stands on encroached land.
BMC directed to act within two months
A bench of Justices Girish Kulkarni and Aarti Sathe, on February 3, directed the Brihanmumbai Municipal Corporation (BMC) to urgently repair existing toilet blocks and construct additional facilities proportionate to the slum population within two months.
Only 60 toilet seats for over 4,000 residents
The petition filed by Chetan Samajik Pratishthan highlighted that the sprawling slum cluster — spread across nearly 1.83 lakh sq metres of municipal land — has only 60 toilet seats serving an estimated population of over 4,000 residents.
Photographs placed before the court showed toilet blocks in a “ruinous condition”, poorly maintained and unhygienic. The court noted that although a small portion of the land is subject to a slum rehabilitation project, the larger area continues to suffer civic neglect.
Sanitation a statutory and constitutional duty
Finding merit in the grievance, the bench said civic obligations do not cease merely because an area is categorised as a slum. “It cannot be that the municipal corporation neglects… such basic human needs of providing adequate sanitary/toilet facilities,” the judges observed, stressing that sanitation upkeep is a statutory responsibility under the Mumbai Municipal Corporation Act.
The court further underscored that access to sanitation is inseparable from the right to life. “Making adequate provisions for toilets/sanitation facilities concerns the basic human rights under Article 21 of the Constitution,” the order said, noting that a “meagre” number of toilets for such a large population was wholly insufficient.
Directions on construction and maintenance
Accordingly, the bench directed the BMC to identify open spaces within the slum and construct additional toilet blocks. The Assistant Municipal Commissioner was ordered to immediately repair existing facilities and ensure day-to-day maintenance with proper hygiene supervision.
The judges also issued broader directions, emphasising that slum residents are entitled to clean water and basic health safeguards to prevent disease. Any failure to discharge these duties, the court warned, would amount to a breach of fundamental rights.
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While disposing of the petition, the court emphasised: “Let these directions be strictly implemented in the timeline as directed by us.”
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