Introduction:
In a noteworthy development, the Himachal Pradesh High Court has issued a stern warning to the Shimla Municipal Corporation (SMC) and Sulabh International over allegations that women were being unlawfully charged Rs. 5 for using supposedly free urinals.
Arguments from Both Sides:
The petition arose from a suo moto Public Interest Litigation (PIL) initiated by the High Court concerning the maintenance of public toilets in Shimla and the establishment of amenities along the Parwanoo-Shimla highway. The petition highlighted concerns that despite court orders and assurances from Sulabh International, women using public toilets were being charged a minimum fee of Rs. 5. The petitioners argued that this practice violated the court’s directives and amounted to contempt of court.
In response, the SMC and Sulabh International maintained that they were committed to providing free urinal facilities to both men and women, as mandated by the court. They asserted that any instances of charging fees were inadvertent and promised to rectify the situation promptly.
Court’s Judgment:
A division bench comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja unequivocally reaffirmed that public urinals must be accessible without charge to all users, irrespective of gender. The court expressed disappointment over the reported incidents of charging women and warned of contempt proceedings if such practices continued. It directed the SMC and Sulabh International to ensure strict compliance with its orders and to publicize the free access policy through various media channels.
Furthermore, the High Court impleaded the Ministry of Environment, Forest and Climate Change, Government of India, in response to pending issues regarding roadside amenities along the Parwanoo-Shimla highway. The court acknowledged and appreciated the efforts of state officers and departments involved in improving public conveniences and environmental beautification initiatives.
The matter is scheduled for further hearing on July 3 to monitor compliance and address any outstanding issues.