The Kerala High Court has come down heavily on the National Highways Authority of India (NHAI) for failing to provide and maintain public toilets on national highways, remarking that while drivers are routinely fined for traffic violations, basic amenities remain absent.
A Division Bench of Justice Amit Rawal and Justice P.V. Balakrishnan was hearing an appeal filed by the Petroleum Dealers’ Association of Kerala and several fuel outlet owners against a single-judge order. The earlier order had directed that toilets at petrol pumps along highways must remain accessible to the general public at all times.
Judge’s Personal Experience
Justice Rawal narrated his own recent journey from Jodhpur to Ranthambore, highlighting the stark reality faced by travellers. He said that despite covering a long stretch of highway, he could not find a single public toilet. However, during the same trip, he was issued four challans for overspeeding. “Challans are imposed without fail, but there are no public toilets available on such long stretches,” he remarked.
Responsibility Lies With NHAI, Not Petrol Pumps
The Bench noted that the responsibility of ensuring public conveniences lies with NHAI and not merely with petrol pump owners. Comparing India’s situation with international standards, Justice Rawal observed that in other countries, travellers can easily find rest stops with food, coffee, and toilets at regular intervals. In India, he said, either toilets are not available or the few that exist are dysfunctional. “The entire burden is being placed on petrol pump owners, which is highly unfair,” he added.
Background of the Case
The single-judge ruling under challenge had required that toilets at all petrol pumps—whether situated along the highways or away from them—remain open to the general public. It also directed that access should not be restricted unless there was a genuine security risk.
Hearing the appeal, the Division Bench underscored the urgent need for NHAI to take responsibility for setting up and maintaining functional public toilets along highways, pointing out that this was a matter of basic dignity and convenience for all citizens.
