Bengaluru public toilets case: HC fines Karnataka govt for failing to respond

The Karnataka High Court on Wednesday directed the state government to deposit Rs 5 lakh as cost for its failure to submit a response in the public interest litigation (PIL) concerning public toilets in Bengaluru city.

A division bench comprising of Chief Justice Prasanna B Varale and Justice Krishna S Dixit passed this order after the government advocate submitted that she had not received any instructions and sought time to file a response.

In its PIL submitted in 2020, Bengaluru-based NGO Letzkit Foundation stated that Section 245 of the Karnataka Municipal Corporations (KMC) Act mandates the Bruhat Bengaluru Mahanagara Palike (BBMP) to set up public urinals, and this obligation has not been discharged properly by the civic agency.

The petitioner also pointed out that the BBMP’s failure violates Article 47 of the Constitution, which expressly puts the onus on the state government to raise the standard of living and maintain public health.

During the hearing, the petitioner’s advocate informed the court about its order dated August 8, 2023. He submitted that the government did not file a response despite the court issuing a specific direction.

Strongly disapproving the state government’s conduct, the bench imposed Rs 5 lakh to be deposited with the Karnataka State Legal Services Authority within two weeks.

The bench has also issued a direction to the principal secretary of the Urban Development Department (UDD) to be personally present on the next date of hearing. The court also said that the state government is at liberty to recover the cost from the errant officials.

On August 8, 2023, the court had observed that the state government had not submitted the response to the PIL, pending for the last three years, and had specifically directed it to submit the response by the next date of hearing. The bench had said that a serious issue is involved concerning the general public and also the residents of Bengaluru city.

“The state government neither can shut its eyes nor keep its mouth mum. It owes a responsibility towards the residents of Bengaluru city as it involves public hygiene and basic facilities to the residents,” the bench had observed in the August 8 order.