All India Lawyers’ Forum For Civil Liberties Moves Kerala High Court Against Bar On Use Of Toilets At Private Fuel Pumps By General Public

The Forum asserts that the interim order of the High Court has “a direct and adverse impact” on the fundamental and civil rights of the general public. The impleadment application, contends that the restriction is unreasonable, arbitrary and violative of Article 14 and 21 of the Constitution. It is further submitted that the denial or restriction of access to toilets at petrol pumps directly infringes upon the fundamental rights guaranteed under Article 21 and violates the State’s positive obligation to respect, protect and fulfill these rights.

It submits that “The interim order disproportionately affects the vulnerable groups of society as it restricts the use of toilets of privately owned petrol pumps which is unreasonable and arbitrary creating an artificial difference without any intelligible differentia as well as a rational nexus.”

The AILF highlights that toilets are not a matter of mere convenience but a basic human necessity and a component of the Right to Life. The petition underscores that the lack of access to clean, safe, and accessible public washrooms disproportionately affects women, children, transgender individuals, elderly, persons with disabilities, drivers, daily wage workers and the homeless population.

“The availability of clean, safe, and accessible washrooms is especially crucial for women, who are at heightened risk of sexual harassment and assault in the absence of secure sanitation option” it added.

The forum stated that the restriction could lead to heightened health risks, including urinary tract infections and other urological issues, as people, particularly women may delay urination or restrict water intake due to fear of unavailability of clean facilities. It also points to safety risks, especially at night or in remote areas, where the absence of secure sanitation may expose vulnerable individuals to harassment or assault.

The AILF drew on a range of judicial pronouncements in support of its case including Bandhua Mukthi Morcha and Francis Carolie Mullin which interpret Article 21 to include the right to live with dignity, encompassing access to sanitation.

The petition also references the 2010 UN Human Rights Council Resolution recognizing safe drinking water and sanitation as integral to the rights to life, health, and dignity, placing a primary responsibility on States to ensure such access even where private operators are involved.

Beyond individual rights, the Forum frames the restriction as an environmental concern. Limiting petrol pump toilet access could push people towards open defecation and urination, contributing to public health hazards and pollution. This, it argues, contravenes the precautionary principle in environmental law and violates Articles 47 and 48 A of the Constitution, which obligate the State to improve public health and protect the environment.

The petition aligns the issue with the objective of the Swachh Bharat Mission, launched in 2014 to eliminate open defecation and provide universal sanitation coverage. The AILF stresses that denying access to existing facilities undermines this flagship programme’s core goals, particularly along highways where public toilets are scarce.

The impleadment petition seeks the Court’s leave to join the ongoing case — which already involves the State of Kerala, petroleum companies, municipal bodies, and the Union Government — to ensure that constitutional mandates and human rights principles guide the final decision on public sanitation access.

The All India Lawyers’ Forum for Civil Liberties was established to promote rule of law, protect human rights, and ensure meaningful access to justice for all.

Case Title – Petroleum Traders Welfare and Legal Service Society V State of Kerala

Case No – WP(C) 9329/ 2025