New Delhi, February 20 The presence of a public urinal and an open garbage bin right next to one's house violates the right to live with dignity in a clean and healthy environment, as guaranteed by the Constitution, the Delhi High Court has said.
Justice Amit Bansal stated that a hygienic environment is an integral part of a healthy life, and the absence of such an environment frustrates the right to live with dignity.
The court passed the order while dealing with a lawyer's petition raising a grievance against the construction of an unauthorized open garbage bin and urinal on the eastern walls of his property.
The petitioner contended that about 150 residents in his neighborhood used the garbage bin to dispose of their waste, and despite several requests to the MCD officials to maintain sanitary conditions near the bin and the urinal, no action was taken.
The court directed the MCD to immediately demolish the open garbage bin and the urinal next to the petitioner's house, observing that the presence of an open garbage bin as well as a public urinal was "undoubtedly a nuisance".
"One of the integral aspects of a healthy life is a hygienic environment. The absence of such an environment would frustrate the petitioner's right 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 the right to live in a clean and healthy environment," the court said in an order passed on February 16.
The court said it empathized with the petitioner as well as other residents, as the pictures clearly demonstrated the existing state of affairs in the area.
The court added that the presence of a public urinal and an open garbage bin would result in foul odors in the surrounding areas, leaving the residents to live in such deplorable conditions.
The court directed the MCD to arrange a proper covered dustbin for both dry and wet waste and to keep it away from the petitioner's property.