Court Recognizes Right to Sanitation as Fundamental Right Under Article 21 of the Constitution
Mumbai, February 3, 2026 - In a landmark decision, the Bombay High Court has underscored the crucial duty of the Municipal Corporation of Greater Mumbai (MCGM) to provide adequate sanitation facilities in slum areas, recognizing it as an integral component of the fundamental right to life under Article 21 of the Constitution. The judgment came in response to a writ petition filed by Chetan Samajik Pratishthan and others against the MCGM and related parties concerning the deplorable sanitation conditions in the Buddha Nagar slum in Govandi, Mumbai.
The division bench comprising Justices G.S. Kulkarni and Aarti Sathe issued directives to the MCGM, emphasizing the corporation's obligation to not only construct but also maintain hygienic sanitation facilities, even in slums formed on encroached municipal land. The petition highlighted the severe dereliction of duties by MCGM officials and the Slum Rehabilitation Authority (SRA) in failing to repair and maintain existing toilet blocks, leaving residents in dire conditions.
The court's order mandates the identification and utilization of open spaces within the slum area for the construction of additional toilets to match the population's needs. The MCGM has been given a two-month deadline to implement these changes. Furthermore, the court instructed immediate repairs and maintenance of existing toilet facilities to ensure they meet hygiene standards.
This judgment aligns with the principles of the Universal Declaration of Human Rights, which regards adequate sanitation as vital to health and well-being. The court also highlighted the necessity for clean drinking water and medical assistance as part of the municipal duties, ensuring a disease-free and healthy living environment for slum dwellers.
The case references earlier rulings, including the Supreme Court's recognition of sanitation as a fundamental aspect of the right to life, reinforcing the state's duty to maintain public health and hygiene. The court concluded by directing ongoing supervision and record-keeping of sanitation conditions by municipal officials to prevent future neglect.
Bottom Line:
Municipal Corporation's obligation to provide adequate sanitation facilities in slum areas under Article 21 of the Constitution - Right to sanitation recognized as a fundamental right under Article 21, ensuring hygienic and dignified living conditions for individuals.
Statutory provision(s): Article 21 of the Constitution of India, Mumbai Municipal Corporation Act, 1888, Article 25 of the Universal Declaration of Human Rights
