Court Rules Lack of Basic Amenities Violates Right to Dignity Under Article 21 of Indian Constitution
In a landmark ruling, the Nagpur Bench of the Bombay High Court has directed the Nagpur Municipal Corporation to address the lack of essential infrastructure at bus stops across the city. The court's decision came in response to a Suo Motu Public Interest Litigation initiated after news articles highlighted the absence of basic passenger amenities, including shelters and seating arrangements at several bus stops in Nagpur.
The division bench, comprising Justices Anil S. Kilor and Raj D. Wakode, underscored the constitutional mandate under Article 21, which guarantees the right to life and dignity. They noted that the current state of bus stop facilities represents not just an administrative oversight but a failure of constitutional governance.
The court emphasized the importance of providing adequate public transport infrastructure, which includes shelters and seating arrangements at bus stops. The absence of such facilities forces commuters, including students, senior citizens, and daily wage workers, to endure harsh weather conditions while waiting for transportation.
The bench referred to previous Supreme Court judgments, including Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan and Chameli Singh v. State of U.P., to affirm the right to a dignified life, which includes the right to shelter and adequate living conditions.
In light of these findings, the court has instructed the Municipal Commissioner of Nagpur to conduct a thorough inquiry and take necessary actions to improve the infrastructure and amenities at bus stops. The commissioner is required to submit an action taken report to the court within four months.
The ruling has been hailed as a significant step towards ensuring the constitutional rights of citizens are upheld, emphasizing the role of municipal bodies in safeguarding public welfare and infrastructure.
Bottom line:-
Municipal Corporations are constitutionally empowered and statutorily obligated to ensure minimum standards of public transport infrastructure, including bus stops with basic passenger amenities, as the absence of such facilities violates the right to dignity guaranteed under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Public Interest Litigation
