Patna HC: Right to Sanitation recognised as Fundamental Right
Shubhi Rathore | Edited by Prabhat Bandhulya
CASE: The National Highway Projects in the State of Bihar v. The State of Bihar 2020 Patna HC
By extending the Right to Life under Article 21, the Patna HC virtually recognised Right to
Sanitation as a Fundamental Right. In brief, the case was related to National Highway
Projects in Bihar where the Court had already ordered the authorities and the stakeholders to
make sure that there are proper sanitation facilities for the public and also asked it to set up
petrol pumps which have such facilities. But the court noted that a considerable amount of time has passed and yet no steps have been aken by the State or NHAI.
The Court found it unfortunate that in the land of Dr. Bindeshwar Pathak, who was a
revolutionary in public health, hygiene and who established Sulabh Sauchalayas, such
facilities are rare. Another observation of the court was that, the State has an urgent duty that
such needs, that are basic needs should be provided which would only help the State of Bihar
to generate employment and boost its economy.