Supreme court;Toilets in schools should be clean with proper facilities

Considering the urgency in the matter with regard to the pathetic state of the toilets in the schools which may lead to severe health problems to the students, a bench of Dipak Misra and Prafulla C. Pant JJ ordered the States of Andhra Pradesh and Telangana to frame a Scheme and file it before this Court within 4 weeks, and also directed the Secretary to the Government, School Education Department of both the States to remain personally present before this Court on the next hearing (10-03-2015).

In the instant case, the committee headed by learned Senior Counsel Ashok Gupta submitted a report expressing its dissatisfaction with regard to the acceptable state of the toilets in the schools. The committee submitted that “though there are structures relating to toilets, yet conditions require to be enhanced to make it acceptable as there has to be continuous maintenance”. J.K. Raju, the petitioner-in person, submitted that “though this Court has directed the States of Andhra Pradesh and Telangana to form a scheme, yet the schemes have not been framed”.

The Court observed that “it can be said without any fear of contradiction that a toilet in structure only is not a toilet in reality. Toilets meant for schools, which are co-educational and girl’s schools have to have such toilets which are clean and acceptable having proper facilities”. The Court noted that “the States of Andhra Pradesh and Telangana (which are in focus in the present case) cannot have innovative ideas to construct a structure, christen it as a toilet and thereafter forget it from their memory”. The Court while stating that the authorities of the two States has to borne in their mind that clean and safe toilets also help in sustaining the health conditions of the students who use it, and ordered the States to frame a Scheme and file it before the Court within 4 weeks.

S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS
I N D I A
CONMT.PET.(C) No. 532/2013 In W.P.(C) No. 631/2004
J.K. RAJU

VERSUS
STATE OF ANDHRA PRADESH AND ANR.

Date : 27/01/2015 
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE PRAFULLA C. PANT



O R D E R
We have perused the two reports submitted by the Committee.
On
a
scrutiny
of
the
same,
we
find
that
the
Committee
has
expressed its dissatisfaction with regard to the acceptable state
of the toilets in the schools.
Mr. Ashok Gupta, learned senior
counsel, who is the Chairman of the Committee, after referring to
the
report,
has
submitted
that
though
there
are
structures
relating to the toilets, yet conditions require to be enhanced to
make it acceptable as there has to be continuous maintenance.
2
In
our
opinion,
the
submission
of
Mr.
Gupta
deserves
acceptance, for that is what is reflectible from the report.
Mr. J.K. Raju, the petitioner appearing in person, submitted
that though this Court has directed the States of Andhra Pradesh
and Telangana to form a Scheme, yet total apathy has been shown
and the Schemes have not yet framed.
Before
dwelling
upon
the
framing
of
the
Schemes
and
the
time-frame granted to the States, it can be said without any fear
of contradiction that a toilet in structure only is not a toilet
in reality.
Toilets meant for schools, which are co-educational
and the girls' schools have to have such toilets which are clean
and acceptable having proper facilities.
The States of Andhra
Pradesh and Telangana, which are in focus, in this case for the
present, cannot have innovative ideas to construct a structure,
christen it
as
a
toilet
and
thereafter
forget
it
from
their
memory. That is not the purpose of providing toilets in the
schools. It has to be borne in mind by the Authorities of the two
States that clean and safe toilets also help in sustaining the
health conditions of the students who use it.
Regard being had to the aforesaid, we would like the Scheme to
be framed and filed before this Court within four weeks hence.
The Secretary to the Government, School Education Department of
both the States shall remain personally present before this Court
at 10.30 a.m. on 10.03.2015.
3
Needles to say, the Committee shall proceed with its visits as
directed earlier.
(R.NATARAJAN)
Court Master
(H.S.PARASHER)
Court Master

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