The Chhattisgarh High Court, led by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, delivered a powerful judgment emphasizing the right to basic facilities such as clean and functional toilets in schools. The court took suo motu cognizance of a report published in the Dainik Bhaskar on January 26, 2025, highlighting the lack of sanitation facilities in over 150 schools in Bilaspur District. The case, registered as WPPIL No. 17 of 2025, underscores the judiciary’s proactive role in addressing systemic infrastructural deficiencies.
Case Background
The news report detailed the severe lack of toilets in government schools in Bilaspur. It revealed that over 150 schools lacked toilets altogether, while more than 200 had non-functional facilities. Female teachers and students faced the worst impact, with some teachers forced to rent toilets from private households for Rs. 200 a month. Students, including young girls, were compelled to use open fields, often in unsafe and unhygienic conditions.
The report also noted the health consequences for female staff, including urinary infections caused by prolonged water retention, and the discouragement this lack of infrastructure posed for girl students, contributing to dropout rates.
Important Legal Issues
1. Right to Life and Dignity (Article 21): Whether the absence of functional toilets in schools violated the fundamental right to life and dignity of students and staff.
2. Right to Education (Article 21A): Whether the lack of sanitation facilities hindered the constitutional right to free and compulsory education, particularly for girls.
3. State Accountability: The role and responsibility of the state authorities in ensuring adequate utilization of funds allocated for school infrastructure.
Important Observations of the Court
The court made strong remarks regarding the state of sanitation in schools, stating:
“The plight of the students and the staff, especially the girl child and lady staff, can be very well understood when they are compelled to go for answering nature’s call in open areas, which is a matter of shame for all.”
Highlighting the broader societal implications, the court observed:
“The situation becomes worse for the lady staff, especially during their menstrual cycle. Such conditions not only affect their health but also demoralize them from performing their duties with dedication.”
The court further remarked on the inefficiency of the authorities:
“It is beyond understanding as to when there is no dearth of funds and crores of rupees are being invested by the State every year, how the aforesaid situation is prevailing.”
Decision of the Court
The High Court, expressing deep concern, directed the Secretary of the School Education Department to submit a personal affidavit by February 10, 2025, outlining the measures being taken to address the situation. The court emphasized the urgency of providing hygienic facilities to students and staff, noting:
“It is high time when the responsible authorities of the State are required to wake up from the deep slumber and take concrete steps for betterment of the prevailing situation.”
The bench underscored that sanitation is not merely a facility but an integral component of the constitutional rights to life, dignity, and education, and that any failure in this regard is unacceptable.
