Public Toilets Are Government Responsibility, Says Andhra Pradesh High Court
HC says government must provide public toilets to citizens
The Andhra Pradesh High Court has ruled that providing public toilets is a constitutional duty of the government, observing that a state which fails to ensure basic sanitation facilities cannot meaningfully claim to be a welfare state, as access to hygiene infrastructure is directly linked to the fundamental right to life and dignity.
The judgment was delivered by Justice Gannamaneni Ramakrishna Prasad while dismissing a petition filed by K Chinnaswamy Setty and two others who had sought to stop the construction of public toilets on land belonging to the Greater Visakhapatnam Municipal Corporation (GVMC) near Maddilapalem Bus Depot in Visakhapatnam. The petitioners had challenged the project, but the court upheld the civic body’s decision to proceed with the construction.
The bench accepted the arguments of GVMC that the toilets were being built solely for public convenience and to address a basic civic need in a high-footfall transport area. The court emphasised that sanitation infrastructure in public spaces is not optional but a necessary component of urban governance, particularly in areas such as bus depots, railway stations, and other crowded transit points where commuters rely heavily on public facilities.
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The court further observed that the right to a clean and healthy environment is an integral part of the right to life under Article 21 of the Constitution. It stated that governments are not only obligated to construct adequate public toilets but also to ensure their proper maintenance, cleanliness, and usability over time. The judgment underlined that infrastructure without upkeep defeats the very purpose of public investment.
In its reasoning, the court highlighted that access to public toilets is closely tied to dignity, privacy, and safety, particularly for women and transgender persons. It noted that the absence of such facilities often forces vulnerable groups to face inconvenience and insecurity in public spaces, thereby undermining constitutional guarantees of equality and dignity.
At the same time, the court made it clear that while construction of toilets is necessary, it must be accompanied by strict accountability for maintenance. The bench directed that both GVMC and Lotus International, involved in the project, would be responsible for ensuring that the toilets are maintained in hygienic condition once they become operational. It also observed that civic bodies must establish monitoring mechanisms to prevent neglect or misuse of such facilities.
The court further stated that citizens have the right to bring any lapses in maintenance to the attention of authorities, reinforcing the principle that public infrastructure must be subject to continuous oversight and responsive governance. It emphasised that sanitation is not merely a developmental goal but a constitutional obligation tied to public health and human dignity.
Rejecting the plea to halt construction, the High Court reiterated that ensuring adequate sanitation facilities is a core responsibility of the state. It held that such infrastructure is essential for safeguarding citizens’ health, dignity, and quality of life, and forms an indispensable part of urban governance in a modern welfare state.
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