The Delhi High Court held that an open garbage bin and a public urinal inside a residential neighbourhood infringe residents’ right to life, stating that such unhygienic conditions violate dignity and breach essential constitutional protections under Article 21.
The Delhi High Court ruled that the existence of an open garbage bin and a public urinal in a residential neighborhood infringes on the residents’ right to life.
Justice Amit Bansal mandated the Municipal Corporation of Delhi (MCD) to remove the public urinal and open garbage bin within four weeks, emphasizing,
“One of the integral aspects of a healthy life is hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity. The presence of a public urinal and an open garbage bin right next to the petitioner’s house clearly violates his right to life guaranteed under Article 21 of the Constitution, which includes right to live with dignity in a clean and healthy environment.”
ALSO READ: Delhi High Court Directs Government To Improved Public Toilet Hygiene
The petitioner, Advocate Rachit Gupta, approached the court after discovering that an open garbage bin and a public urinal had been placed directly outside his home.
These facilities were reportedly utilized by around 150 residents in the vicinity.
Rachit Gupta mentioned that his repeated appeals to the authorities for better sanitation around the garbage bin and urinal were ignored.
In response, the MCD asserted that they were performing regular cleaning of the urinal. However, the court found this approach inadequate in addressing the infringement of the petitioner’s rights.
This Court empathises with the petitioner as well as other residents inasmuch as presence of a public urinal as well as an open garbage bin would result in stench in the surrounding areas. The residents of the aforesaid locality have been constrained to live in such a deplorable condition.
A joint inspection on August 7, 2025, aimed at exploring the relocation of the facilities, determined that the location suggested by the petitioner was not viable.
ALSO READ: Kerala High Court Slams Plastic Bottle Menace at Weddings & Vande Bharat Trains
The petitioner contended that many homes in the area already have private toilets and referenced the Solid Waste Management Rules, which stipulate that garbage should be collected directly from households instead of being left in open bins.
Ultimately, the court ordered the MCD to demolish the open garbage bin and urinal adjacent to the petitioner’s residence within four weeks and to install covered dustbins for dry and wet waste a suitable distance from residential properties.
Advocates Rachit Garg and Vaibhav Singh represented the MCD.
Case Title: Rachit Gupta v. Government of NCT of Delhi & Ors.