Shimla: In a landmark order High Court of Himachal Pradesh has taken a decisive stand on the longstanding issue of insufficient sanitation facilities along National and State Highways in the state.
The division bench of Justice Vivek Thakur and Justice Sandeep Sharma, took up the matter pending since 2017, spotlighting the critical need for proper civic amenities to address health and environmental concerns related to open defecation, waste disposal, and water contamination.
Background and Context:
The case originated from growing concerns about inadequate sanitation along highways, posing health and environmental risks, particularly with the substantial tourist influx in Himachal Pradesh.
The absence of proper toilets and waste disposal systems not only impacts the local population but also tarnishes the state's image as a tourist destination.
High Court's Intervention and Orders:
In its 2017 order, the High Court presented a 10-point action plan based on submissions from Amicus Curie Advocate Deven Khanna.
Key highlights included the mandate for easily locatable public toilets, provision of free services in public toilets, safety measures for women, proper disposal mechanisms for sanitary napkins, and involvement of various stakeholders in sanitation efforts.
Subsequent to this, in an order on January 11, 2018, the court added four more points, emphasizing the broader rights to life and sanitation. These points called for a re-examination of civic amenities as a fundamental right and the State's duty in ensuring environmental and social justice.
Advocate Deven Khanna's Critique:
Amicus Curiae criticized the state's inaction despite receiving substantial funds from the Ministry of Road Transport & Highways, Government of India.
His advocacy highlighted the State's failure to provide basic sanitation facilities, a crucial public health necessity.
Recent Developments and Future Directions:
As per the latest order, the Chief Secretary of Himachal Pradesh is directed to file an affidavit within two weeks, detailing progress since 2017 and specifically addressing the implementation of the orders from 2017 and 2018.
This affidavit is expected to reveal the actual steps taken by the State in providing sanitation facilities along highways.
The High Court's persistent focus on this issue underscores the importance of sanitation as a fundamental right and a cornerstone of public health and environmental integrity.
The case serves as a critical reminder of the judiciary's role in upholding civic rights and advocating for governmental accountability.
The upcoming hearing on December 21, 2023, is eagerly awaited for further developments in this significant public welfare issue.
