Toilets to be built in schools within one month- J&K HC

In a recent case hearing by the High Court of Jammu and Kashmir, it was held by the Court that a swift action is required to be taken by the related authorities in order to improve the infrastructure facilities in both primary and secondary schools located in urban and rural areas of the Union Territory of Jammu and Kashmir and Ladakh. 

Facts

• The hon’ble Court made the observation, when deciding the case of  All J&K Ladakh Teachers Federation v State of J&K and another.
• A PIL was filed by the All Jammu & KAshmir and Ladakh Teachers Federation in 2017, which sought adequate infrastructure and necessary teacher-student ratio in the schools.
• The court’s notice was brought on the status report which explained the various projects, both in continuation and completed, under the AWP&B (civil works) Samagra Shiksha.
• As a result of which, the bench enquired of the related authorities as to at what stage is the progress and how much time would be taken to complete 53 boys toilet and 27 toilets for girls, as well as 433 boundary walls. It was brought to the notice of the court that works has been sanctioned for boys toilet in 272 schools, while in other 136 schools construction of girls toilet has been allowed.  Also, out of 544 girls CWSN toilets, 166 are in progress while 365 have been completed. 
• The court also stressed over the importance of resolving the problem of non-availability of the lands for schools and the respective Administration has been directed to prepare a report regarding the steps taken including those of compulsory acquisition, in order to address the challenge.

Order of the Court

• The court observed that the provisions of toilets for both boys and girls as well as the boundary wall is absolutely important for a smooth functioning of the schools.  
• Hence, the court ordered that the aforementioned works in progress shall be completed within a period of one month from the day the copy of the respective order shall be made available to the respective authorities. 
• Also, for the matter of non-availability of the lands as well as compulsory acquisition, the respective authorities would have to indicate the steps which have already been taken for the acquisition of land including the compulsory acquisition, which shall be required for the functioning of the Schools in the UT of J&K and Ladakh. 
• Further hearing of the matter would be on 18-09-2023

In another case of J. K. Raju Vs State of Andhra Pradesh & Others dated 09/05/2014, the Supreme Court of India, has directed all states to give effect to the previous directions of Court to provide toilet facilities for boys and girls, drinking water facilities, sufficient class rooms, providing adequate teaching and non-teaching staff, etc. to be provided within 6 months from the date of issue of the judgement.

Toilets in Schools and Right to Education

The Court also observed that  separate toilets for both boys and girls, water availability are basic human rights and shall be included in the basic needs and requirements in schools.  

In the same case the court said that “ Once there is an impairment of imparting education, needless to say the country would not be in a position to produce the conscientious and progressive citizens for this country”.

Providing separate toilets for both boys nad girls, as well as providing drinking water are related to the Right of Children to the Free and Compulsory Education (RTE) Act, 2009.

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