Observing that access to hygienic public toilets is part of the right to life, the Delhi High Court has proposed surprise inspections of public toilets in areas under the Municipal Corporation of Delhi (MCD), with teams of male and female social work students checking cleanliness, hygiene and structural condition. Civic officials could be held answerable for repeated lapses, the court said.Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma were hearing a petition filed by Jan Seva Welfare Society concerning the maintenance, hygiene and availability of public toilets. “Apart from the obligations imposed under the Directive Principles of State Policy enshrined in the Constitution, the right to access hygienic public toilets includes Right to Life,” the court said on October 16.The proceedings have continued since 2023, with the court passing orders on improving and maintaining public toilets. In its latest order, the bench said authorities must look beyond the existence of facilities and ensure they are hygienic, structurally sound and sufficient for the population they serve.3 institutions to help with surprise inspectionsThe bench identified three institutions for the proposed exercise: the Department of Social Work at the University of Delhi, Jamia Millia Islamia College of Social Work, and Aditi Mahavidyalaya. The court requested the heads of these institutions to spare teams comprising both male and female students for surprise inspections.The teams would submit reports, with photographs, to the MCD additional commissioner in charge of sanitation. The Additional Commissioner would then initiate appropriate steps based on the findings. “If any default is noticed,” the court said, the Deputy Commissioner of the concerned zone would be held answerable. The bench said each team member should receive an honorarium to cover conveyance, photography and other incidental expenses. Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma proposed surprise checks of public toilets to flag hygiene and maintenance lapses. (Image enhanced using AI)Earlier attempts to monitorThe court noted that the MCD area is divided into 12 zones, each headed by a deputy commissioner. The chief engineer (logistics) provides infrastructure and logistical support, while final authority concerning sanitation and maintenance of public toilets rests with the additional commissioner.During the hearing, the MCD’s counsel said the civic body had initially attempted to monitor sanitation facilities through geotagging. It later sought assistance from an institution in Chennai on a pilot basis in two zones, with results claimed to be satisfactory.Story continues below this adAlso Read | ‘Reciprocal cruelty’: Patna High Court backs divorce, grants Rs 36 lakh alimony to wifeThe court noted that complaints continued despite the measures being undertaken. “The fact remains that, despite the efforts being made by the respondents, the results are not to the satisfaction which led, time and again, complaints being brought before this court,” the bench said. The court said that authorities must also assess whether public toilets are sufficient for the population in MCD areas, rather than focusing only on existing facilities.Court warns over repeated lapses, fundingThe bench indicated that if consecutive defaults were found in structural maintenance and hygiene, authorities would have to specify the action proposed against the deputy commissioner of the concerned zone. The requirement would also extend to the chief engineer responsible for logistical and other support.“We further want the respondent officers of the MCD to note that, in case there is a failure in providing financial support to the aforesaid project, this Court would be taking serious note of the same,” the bench said.The court clarified that it was not seeking to supervise the MCD’s day-to-day functioning. Instead, it proposed the inspections as a check on whether civic officials were discharging their statutory responsibilities. The MCD’s status report had been submitted but was yet to be taken on record.Story continues below this adAlso Read | Paid advance but Mohali plot ‘not delivered in 18 months’, man secures Rs 15 lakh payoutThe bench requested the head of the Department of Social Work at the University of Delhi to coordinate with the heads of the other two institutions and submit a response by November 2, 2026. It also sought a response from the MCD additional commissioner in charge of sanitation by that date.The matter has been listed for further hearing on November 2, when the court will consider the responses and pass appropriate orders.