Public urinal, open bin beside home breach right to dignity, says Delhi HC

The Delhi High Court has ruled that the presence of a public urinal and an uncovered garbage bin immediately next to a residential property violates a citizen’s fundamental right to live with dignity in a clean and healthy environment.

Justice Amit Bansal made the observation while hearing a petition filed by a lawyer who challenged the construction of an unauthorised open dustbin and urinal along the eastern wall of his home.

The petitioner argued that around 150 residents in the locality were using the bin for waste disposal and that repeated representations to officials of the Municipal Corporation of Delhi (MCD) had failed to improve sanitation or address the problem.

In an order dated 16 February, the court directed the MCD to immediately demolish both the open garbage bin and the public urinal situated next to the petitioner’s house, describing their presence as “undoubtedly a nuisance”.

The court observed that a hygienic environment is an essential component of a healthy life and that the absence of such conditions undermines the right to live with dignity. It held that the structures infringed the petitioner’s right to life under Article 21 of the Constitution, which encompasses the right to a clean and healthy environment.

Justice Bansal noted that photographs placed on record reflected the poor sanitary conditions in the area and said the court empathised with the petitioner and other residents affected by the stench and unhygienic surroundings.

The civic body has also been instructed to install a properly covered dustbin for segregated dry and wet waste at a location away from the petitioner’s property to ensure better sanitation standards.

With PTI inputs