Freshwater Action Network
– grassroots influencing on water and sanitation

All govt. schools must have toilet by November end: Supreme Court of India

Supreme Court India

The Supreme Court of India on Oct 18, 2011 directed all states and union territories to build toilets, particularly for girls, in all government schools by the end of November. A bench headed by Justice D K Jain asked all the governments to take immediate steps regarding this and file their compliance report before the deadline fixed by it.
The bench said that in case of any problem, the governments would at least provide temporary toilets for the students by November-end and the permanent structure be built by the end of the year. "It is imperative for the governments to provide toilet facilities to students. Parents would not the send girl child to school if there is no toilet. We direct all states and union territories to provide toilet facilities by November 30. In case it is not possible, then temporary structure be made and permanent construction must be done by December 31," the bench said. The court passed the order on a PIL seeking its direction to governments to provide basic facilities of drinking water and toilets in schools.

Source: http://www.cchrindia.org, CCHR is a FANSA India member

 

all govt schools should have toilets by november end

It's good to hear that supreme court has sent orders to build toilets in all government schools.
Implemention of this program to improve water and sanitation facilities at government school is an effort to promote basic health for the students of this rural region.

all govt schools should have toilets by november end

Thank you Diana for your valuable response. Sure, this will accelerate the process to promote the basic health for the students in the region.

Water, water every where but not a drop to drink-a Kollam scene

Long queue of empty vessels Water, water every where but not a drop to drink – a scene

from Kollam beach area of Kerala (India)

File 1494

Ensure funds for toilets in Govt. schools - Supreme Court, India

On 13th January 2012, The Supreme Court of India asked the Centre Government to ensure availability of funds with state governments and union territories for construction of toilets, specially for girls, in all government schools, the absence of which has been coming in way of providing free and compulsory education to children. The apex court had in its previous order said "it is imperative that all schools must provide toilet facilities as empirical researches have indicated that wherever toilet facilities are not provided in schools, parents do not send their children (particularly girls) to schools. "It clearly violates the right to free and compulsory education of children guaranteed under Article 21-A of the Constitution". After perusing the affidavits filed by them about the progress of the work for which some states sought financial assistance from the Centre, the bench headed by Dalveer Bhandari directed the Centre to "ensure that funds are available with the state governments to implement its order". The bench also said states and union territories may approach the Ministry of Human Resource Development with the requisite demand so that appropriate order can be passed for release of funds. It also directed Ministry of Drinking Water and Sanitation, the concerned ministry, to file an affidavit within three weeks on the issue of providing toilets in schools. The court, which is monitoring the progress made by state governments and union territories on the issue, also gave a last opportunity to Uttarakhand, Punjab and West Bengal to apprise it about the progress made by them on the construction of toilets and warned failure to file the affidavit would result in summoning their respective Chief Secretaries for personal appearance before it.

Now, drinking water in all govt schools: observed by the Supreme

 
India on 5th December 2011crossed a major milestone by being able to provide drinking water in all government run schools, though it took 65 years since independence and a lot of persuasion followed by coercion from the Supreme Court.
The case started in the apex court in 2004 with an NGO 'Environmental and Consumer Protection Foundation' through advocate Ravindra Bana complaining about lack of drinking water facility in the national capital. Later, the court expanded the scope of the PIL and asked all state and Union Territories to give status report about availability of potable drinking water in all government run schools. Finding the facilities dismal, the court fixed deadlines, threatened officials with contempt and left nothing to doubt that it would not spare none if drinking water, which was linked to fundamental rights - right to education and right to life - were expeditiously not provided in the schools.
On 5th December 2011, a bench of Justices Dalveer Bhandari and Dipak Misra was happy to announce that years of judicial activism, if one can call it that, has paid the desired dividend - all states have on oath told the apex court that they have provided drinking water facility in all schools.
The last two affidavits were filed by the governments of Uttar Pradesh and Jammu and Kashmir. While UP said it had made available potable drinking water in the remaining 300 schools, the Omer Abdulla government said drinking water and chlorine tablets were made available in all its schools.
The bench recorded in its order, "In this view of the matter and according to available records, all the schools in the country have been provided with drinking water."
But the court did not stop with drinking water being made available in the schools. Even before the counsel for the states could heave a sigh of relief thinking the order would bring to an end the stringent monitoring of basic facilities available in schools, the court asked for status report about toilet facilities in the schools.
It asked all state governments and the Centre's ministry of drinking water and sanitation to file affidavits in four weeks detailing the status of toilets in the schools and whether separate toilets for girls had been provided or not. It was earlier giving two weeks to the respondents, but extended it by another two weeks saying, "If any government wants to do it, it will do so in two weeks."
The bench said, "It is imperative that all schools must provide toilet facilities. Wherever separate toilets are not provided, parents are reluctant to send their daughters to schools. It clearly violates the girl child's right to education guaranteed under Article 21A of the Constitution." ( Courtesy: The Times of India, Dec 6, 2011)

Mullaperiyar Dam-a deadly Water Bomb: transboundary dispute

 Mullaperiyar Dam-a deadly Water Bomb: transboundary dispute and mutual settlement The Mullaperiyar water dispute has reached a flash point with the water level crossing the maximum permissible storage limit of 136-ft . With the Idukki District Collector issuing a high alert, fear has gripped thousands of residents in the downstream of the dam. The water level crossed the 136-foot mark by the evening after increased inflow of water following heavy rains in the catchment area for the past few days. Outflow through the first five spillways has started. If the water level touches 137 feet, water will start to leak  from other 13 spillways also. Kerala’s Idukki district is on a heightened state of alert after flood warnings were issued on 27th November amid growing fears of a possible dam collapse. Local authorities believe recent tremors have weakened the 116-year-old Mullaperiyar dam and that torrential rainfall, which has seen the water level pass the maximum limit, could help trigger a catastrophic chain reaction. According to experts, the 116-year-old Mullaperiyar dam is one of world’s few surviving dams built mainly of lime-and-surky mix as most such structures in other parts of the globe have been scrapped and new ones built in view the threat posed them to people. The dam was built over a century back by British engineers as part of a 999-year-long lease agreement signed between princely state of Travancore and the Madras province under the British rule. Kerala has buttressed its case by producing several experts studies that pointed to the precarious condition of the dam located in seismic-prone area. Recurrence of tremors in recent times has been cited by the state to reinforce its case seeking urgent Central intervention by persuading Tamil Nadu take a supportive stand. A team of experts inspected the earthquake-hit areas on last week of November at Upputhara, Valacode, Kannampadi and Kothappara in Idukki district. With water from Mullaperiyar starting to flow into the Idukki dam, the district authorities have set the disaster management units in position. Kerala saw widespread protests over the Mullaperiyar dam issue with people agitating for its decommissioning in five districts and the State capital. In places like Karinkulam Chappathu in Idukki district, the protests almost took the form of a grass-root level movement with people from different parts of the district joining the stir. The row over Mullaperiyar dam started after Tamil Nadu sought an increase in the water-level in the reservoir to 142 feet. Kerala has been insisting that it be reduced from the current 136 feet to 120 feet. The concerns over 116-year-old dam’s safety have grown in the recent past and there are fears that the structure is weakening in the wake of recurring tremors in the Iddukki district of Kerala where the dam is located. It is operated by the Tamil Nadu government by way of a lease agreement. The first dam was built by the British Corps of Royal Engineers. After the first dam was washed away by floods, a second dam was built in 1895. It is built with stone and Surki ( A mixture of sugar and Calcium oxide).The construction work on a small dam began in 1850 but was abandoned. This was because of fever among workers and demand for higher wages. In May 1882, the work on the dam resumed and was entrusted to Major John Pennycuick. It's total estimated cost was Rs. 84.71 lakhs. The reservoir was to have a height of 152 feet and a capacity of 10.56 thousand million cubic feet. The dam's purpose was to divert the waters of the west-flowing Periyar River eastward, taking the water from the reservoir through a tunnel cut across the watershed and Western Ghats to the arid rain shadow regions of Theni, Madurai District, Sivaganga District and Ramanathapuram districts of Tamil Nadu. Although Kerala claims that the agreement was forced on the then princely State of Travancore, presently part of Kerala, the pact was re-validated in 1970 by Kerala and Tamil Nadu. The lease provided the British the rights over "all the waters" of the Mullaperiyar and its catchment basin, for an annual rent of Rs. 40,000. Tamil Nadu is the custodian of the dam and its surrounding areas. In 2006, the Supreme Court of India has allowed for the storage level to be raised to 142 feet (43 m). However, the Kerala Government promulgated a new "Dam Safety Act" against increasing the storage level of the dam, which has not been objected by the Supreme Court. Tamil Nadu challenged it on various grounds. The Supreme Court issued notice to Kerala to respond; however, did not stay the operation of the Act even as an interim measure. The Court then advised the States to settle the matter amicably, and adjourned hearing in order to enable them to do so. The Supreme Court of India termed it as not unconstitutional. Meanwhile, the Supreme Court constituted a Constitution bench to hear the case considering its wide ramifications. The case involves pre-constitutional agreement between two entities which does not exist now. Kerala did not object giving water to Tamil Nadu. Their main cause of objection is the dams safety as it is as old as 110 years. Increasing the level would add more pressure to be handled by already leaking dam. No masonry dam may survive for 999 years so a new dam may replace the existing one in near future. In September 2009, the Ministry of Environment and Forests of Government of India granted environmental clearance to Kerala for conducting survey for new dam downstream. Tamil Nadu approached Supreme court for a stay order against the clearance; however, the plea was rejected. Consequently, the survey was started in October, 2009. The survey team looked at three spots for the final report. The arguments of Kerala and Tamil Nadu are continuing in the Constitution bench of Supreme Court. Kerala argued that if Mullaperiyar is an interstate river, the Supreme Court has no jurisdiction to intervene in the issue and that it must be dealt with by an independent tribunal. It also argued that if Mullaperiyar is an intrastate river, then the Dam Safety Authority of Kerala is constitutional, and that the Supreme Court has no jurisdiction to intervene in a pre-constitutional agreement. Thus, the water provision is now done under the 1970 review agreement between the States. Together with safety concerns, now the Kerala government argues that if the water level is increased to 142 feet, wide forest areas that are inhabited by conserved flora and fauna will be inundated. Tamil Nadu insists that the non-implementation of Supreme Court Order to increase water level by Kerala is the first issues to be tackled. Tamil Nadu also asserted that Mullaperiyar is not an interstate river, and thus, there is no need for forming a tribunal. The Tamil Nadu counsel pointed out that Kerala has an ulterior motive to make a new dam and keep it under its control. Tamil Nadu fears that the water supply will be restricted if Kerala builds a new dam and controls it.

Kerala High Court order to ban dumping of waste in public places

Kerala High Court’s order to ban dumping of waste in public places by a Public Interest Litigation (PIL) filed by Kerala Federation of Women Lawyers
A Division Bench of the Kerala High Court on Monday 21st November 2011  prohibited dumping of waste in plastic carry bags or bags made of any other non-biodegradable material in public places or roadsides and ordered the police to prosecute those who violated the order. The Bench comprising Justice C.N. Ramachandran Nair and Justice P.S. Gopinathan issued the order on a Public Interest Litigation (PIL) filed by the Kerala Federation of Women Lawyers seeking a directive to the State government to prevent dumping of waste on public places.
The court directed the police to prosecute those who violated the ban order under Sections 268 (public nuisance), 269 (negligent act likely to spread infection of disease dangerous to life), 279 (making atmosphere noxious to health) of the Indian Penal Code (IPC), and also under the relevant provisions of the municipal laws. The court directed the State government to issue instructions through the DGP to all police stations to patrol urban areas and take action against those found dumping waste in plastic carry bags in public places.
The Bench directed the State government to inform local bodies to instruct persons or agencies engaged in collection of solid waste not to collect waste kept in bags made of plastic or any other non-biodegradable material.  They should collect the waste in containers provided by local bodies. The plastic and non-biodegradable waste should be collected separately.
The judges said that a complaint could be lodged with the police station if any person got information about waste being dumped in plastic carry bags in public places. The court said it was for the State government to consider appropriate legislation keeping in mind the order and levy charges from persons charged with throwing the waste in plastic carry bags at public places or roadsides. The money so collected could be used to fund waste collection and treatment. The government had submitted that it was contemplating a legislation banning dumping of plastic carry bags stuffed with waste.
The Bench directed the State government to file a compliance report within two weeks. The court was of view that low quality plastic bags were being used for carrying vegetable, meat, and also for duping waste. So, waste in these bags got decomposed and polluted the atmosphere and water sources. The court pointed out that even birds and animals which fed on such waste died or got afflicted with diseases due to contamination. The court said it was worth undertaking a study in the State to find out the number of animals killed on account of diseases caused by such contamination. The court felt even if waste was spread in open areas, natural scavengers ate them and cleaned the area. Hence, throwing away waste in plastic or other non-biodegradable material should be banned (The Hindu, Nov.22; 2011)
 Kochi  Municipal Corporation to chalk out plans for effective implementation:
 
Following the Kerala High Court’s order to ban disposal of waste in public places, the Kochi corporation has decided to enact appropriate regulations to enforce the ban. At present, a team from the corporation, including mayor Tony Chammany, is in New Delhi to discuss various development projects. The mayor is expected to hold discussions with the officials and chalk out plans to implement the high court order once the team comes back from Delhi. “We have visited some solid waste treatment and disposal plants in the capital. We will soon finalize on a suitable technology for the new waste treatment plant to be set up at Brahmapuram,” said health committee chairman T K Ashraf.
Though the civic body had earlier banned dumping of waste at public places, it failed to enforce the ban. “Now, the court has extended its support. Social welfare and panchayat minister M K Muneer has also suggested that he would incorporate changes in the existing laws to strictly enforce the order,” Ashraf said. Meanwhile, District Residents’ Association Apex Council (EDRAAC) welcomed the high court verdict preventing dumping of waste in public places. Local bodies should set up a proper waste management system, the association said.
“The authorities should come up with measures to bring down the use of plastic bags. The state government can initiate such steps by limiting the use of plastics at outlets operated by Kerala State Civil Supplies Corporation,” said P Rangadasa Prabhu, president, EDRAAC.Vox Populi
P G Anil Kumar, secretary, T D West Citizen Forum, said, “The city lacks a proper solid waste management system. We are one of the residents’ associations which segregate 100% of waste generated in our area. Though we don’t know where the waste is dumped, we assure that garbage is taken away from the city.”  With the Kerala High Court banning disposal of waste in public places, the Kochi Corporation informed that it would enact apt regulations to enforce the ban. A team from Corporation including, Mayor Tony Chammany is in New Delhi to discuss various development projects. “We have visited some of the solid waste treatment and disposal plants in the Capital. We will soon finalise on a suitable technology for the new waste treatment plant to be set up at Brahmapuram,” said T K Ashraf, Chairman, Health Committee.
On getting back to the city, the Mayor will hold discussions with the officials and chalk out plans to implement the High Court order. Though the civic body had already banned dumping of waste at public places, it has failed to enforce the ban.”Now, the Court has extended support and Minister for Local Body, M K Muneer has also suggested to incorporate changes in the existing laws to strictly enforce the order,” he added.
Meanwhile, District Residents Association Apex Council (EDRAAC) welcomed the High Court verdict preventing dumping of waste in public places. Indicating the need to have a proper waste management system, the association points out that local body is bound to set up such a system.

Excellent news

 
Jonathan Parkinson
International Water Association
parkinsonj@gmail.com ; jonathan.parkinson@i wahq.org
 

"Excellent news !"

Really a positive decision by the Hon. Supreme Court of India

Dear Friends,we are very happy to hear this  news, its really positive decision taken byhonourable Supreme court of India, we will try to approach our judicialsystem here in Pakistan for such type to decision as well.wish u best of luck
With Best Regards*Muhammad Ameen Keryo*Chairperson / C.E.OSindhica Reforms Society-Pakistan (Sindhica)Office:                   +9... Fax:                    +92-244-381015Cell No:                 +92-300-3233687  Email:                 sindhica@gmail.com                         keryoameen@gmail.comWebsite:             www.sindhicapk.orgFacebook:           www.facebook.com/sindhicaskype :                sindhica1                          ameen.keryo

I am not sure how relevant

I am not sure how relevant will be this order of our Highest Court. These were first to be constructed under TSC. House hold toilets targets are abysmal. But this category is well covered. But But But- badly done, no water, no innovation in the design, mostly a work of contractor. Its shame. Money spent but not put to useIn the age of child right, it is expected that children should clean the toilets. Budget for such work is namesake. In construction work our system is very active. Think of market places with no facilities  for women specially in smaller towns. One can always blame the community participation for the failure of all the programs!!! Victim is being victimized. Dr.S.K.Singh,Sambhav Social Service Organization19-New Viveka Nand ColonyBalwant Nagar Extension, Gwalior-474002Mobile-9993592492 Phone-0751-2341995,4011191Web -www.sambhavindia.org,skype-sambhavorg,Twitter-sambhavorgProject offices-Tikamgarh,Shivpuri,Chattarpur, Agra,Datia,BhindPadamSambhav Eye Hospital ShivpuriDharkan Community Radio, Shivpuri 

All govt. schools must have toilet by November end: Supreme Cour

Dear Mr. Roy, 
Thanks. In Karnataka we have good coverage in terms of physical assets built in schools , but does not necessarily mean that they are put to use. Poor or no maintenance is an issue that needs to be addressed with equal seriousness. 
It is a good move by the SC.
Regards, 
P M Kulkarni
Executive Director
Bhageerath

All govt. schools must have toilet by November end: Supreme Cour

Dear All FriendsThis is a really a breakthrough for the sector actors of South Asia. The decision of Honorable Supreme Court of India is quotable in the other countries of South Asia. The role of Civil Society of India will play a vital role to implement such decision in all over the Country and its need to effective coordination and advocacy.Good luck for the children of all Government schools of India.Regards
Ikhtiar KhaskhellyExecutive Director/Member Regional Steering Committee, FANSA-PakistanKhairpur Rural Development Organization (KRDO)Abid Colony, Khairpur Mirs,Sindh,Pakistan.Tel:    +92-243-714818  , Cell#:   +92-306-3693812  
 

All govt. schools must have toilet by November end: Supreme Cour

Dear All of FANSA,
Thanks for share this great achievement. It is really inspiring work.
 
Best regards,
Mohon

All govt. schools must have toilet by November end: Supreme Cour

Sir
It must be follow by all partners and officials with all related deptt people to complet the works by end of the November positively.
Not only declaration  it must be workout positively by practically.We hope ,it should be practical.
Raj,freedom,Puri,Odisha
9438593913

All govt. schools must have toilet by November end: Supreme Cour

Dear Mr Roy Kunjappy,Thanks for sending the mail. Infact all the Government Schools are having toilet. There is no issue o that. But many of them are kept locked and used only by the teachers.In most of the places water for using the toilet is not provided. The panchayat representatives are not providing water for their own panchayat schools. The incinerator which is an essential component of A girl friendly toilet is not attached to 90% of the Girls toilets. There are many more issues more than having a toilet. The supreme court order will not serve any purpose. Only the community, if aware can change the scenorio. Regards

All govt. schools must have toilet by November end: Supreme Cour

Government officials and politician feared to court order to realize the impotence of school children need. It should be watched till completion of work It is an exlecent order. Thanks to the concern organization. We will cooperate with you for watching the implementation work of sanitation

Great efforts of Indian civil society

Dear Friends,
we are very happy to hear this  news, its really positive decision taken by honourable court of India, we will try to approach our juditial system here for such type to decision as well.
 
With regards
 
M. Ameen Keryo
chairperson
Sindhica Reforms Society Pakistan

All govt. schools must have toilet by November end: Supreme Cour

PIL (Public Interest Litigation) was filed by lawyer Ravinder Bana seeking directions to the governments to ensure that children are given education in hospitable and safe conditions. In a judgment earlier, a bench of justices Dalveer Bhandari and AK Ganguly stressed the importance of education for all and said children availing of primary education in government institutions in different parts of country must be provided with basic facilities that are essential for human life. “This has become imperative because free and compulsory education has now become a fundamental right under Article 21-A of the Constitution,” the court said. It also asked all the district magistrates in the country to file comprehensive affidavits regarding availability of basic facilities such as potable drinking water, toilets — both for boys and girls — electricity, boundary walls and mid day meal in the primary schools.

It's court again!

Alka Pande, a FANSA India member and a senior journalist based in Lucknow, India writes on her blog that:

In India, most of the girls drop out of schools after achieving puberty as majority of schools does not have toilets.
The best part of this case in the Supreme Court was that the court reminded the governments that it was violation of the human rights if it failed in providing drinking water and sanitation facilities to its people.
Read more>> http://alkapande.blogspot.com

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Allowed HTML tags: <a> <abbr> <acronym> <address> <b> <bdo> <big> <blockquote> <br> <caption> <cite> <code> <col> <colgroup> <dd> <del> <dfn> <div> <dl> <dt> <em> <embed> <fieldset> <h1> <h2> <h3> <h4> <h5> <h6> <hr> <i> <iframe> <img> <ins> <kbd> <li> <object> <ol> <p> <param> <pre> <q> <samp> <small> <span> <strike> <strong> <sub> <sup> <table> <tbody> <td> <tfoot> <th> <thead> <tr> <tt> <u> <ul> <var>
    Allowed Style properties: font-weight, text-align, text-decoration, text-indent, text-transform

More information about formatting options

Type the characters you see in this picture. (verify using audio)
Type the characters you see in the picture above; if you can't read them, submit the form and a new image will be generated. Not case sensitive.