'Can't Neglect Basic Human Rights': Bombay HC Orders BMC To Improve Slum Sanitation

The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to ensure sufficient toilet facilities in slum areas across Mumbai, including those on encroached municipal or government land.

Observing that access to adequate sanitation is a basic human right under Article 21 (Right to Life) of the Constitution, the court said, “In our opinion, making adequate provisions for toilets/sanitation facilities concerns the basic human rights under Article 21 of the Constitution.”

The HC noted that the BMC, particularly when the land belongs to it, is duty-bound to provide and maintain enough toilets “so that the hygiene and health of the slum dwellers is looked after.”

This obligation applies to all slums in Mumbai, the court added.

The

order was passed on February 3 during the hearing of a writ petition filed by Chetan Samajik Pratishthan, which highlighted poor sanitation in the Govandi slum cluster in Mumbai’s eastern suburbs, Indian Express reported.

The area, spread over nearly 1.83 lakh square metres, houses about 4,270 residents in more than 800 huts.

Advocate Pradeep Thorat, representing the petitioner, said the slums of Buddha Nagar, Bhaiyasaheb Nagar and New Lumbini Baug had only 60 toilet blocks, most in dilapidated condition.

The court called the “meagre 60 toilets” as “insufficient” for the large population and stressed that municipal officers cannot neglect basic rights of citizens living in unhygienic conditions.

The bench directed the BMC to repair and maintain existing toilets and identify open spaces for additional facilities within two months. It added that the Assistant Municipal Commissioner must personally oversee upkeep, emphasising that “this would be the basic municipal duty of the municipal corporation.”

The HC also noted that municipal officers must also address clean drinking water and medical assistance to prevent disease spread.