RAJESH V.R. Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant public interest writ petition has been filed by a resident of Cherthala, for a direction to the State Government and Railways to prevent pollution, particularly in the coastal areas of the State, on railway tracks and in adjoining areas, on account of open defecation of people. The reliefs sought for by the petitioner are as follows:

(2.) Facts leading to the filing of the writ petition are that petitioner is aggrieved by the lethargy shown by the Union of India, as well as the State machinery, in effectively dealing with public defecation in the State of Kerala. According to the petitioner, the statistics, as highlighted by the Census data, would show that a large number of households in the State still have no latrine or bathroom, and the inhabitants often resort to public defecation. These dreadful facts have prompted even the Union Minister for Drinking Water and Sanitation to openly admit that India is the world capital of open defecation. Despite various schemes announced by the Union Government, including that of Nirmal Bharat Abhiyan, not many changes are seen.

(3.) The petitioner is also aggrieved by the age old practice of Indian Railways in still continuing with the system of open toilets. The open defecation in the State, and occasioned due to the operation of 6 th respondent, was causing much health hazards and contribute to the outbreak and spread of various contagious diseases. The inertia on the part of the respondents to take effective steps to prevent the same, is therefore, violative of the right of a citizen to have clean, healthy and disease free environment. Hence, the writ petition is filed, for the reliefs stated supra.