Modification in Kerala High Court's ruling allows for public usage of petrol station restrooms
Kerala High Court Mandates 24-hour Access to Petrol Pump Toilets
In a significant ruling, the Kerala High Court has reversed its earlier interim order and now requires petrol pumps across Kerala, including those near national highways, to provide 24-hour access to their toilets for the public. This decision means that any member of the public may use these facilities except in cases of valid security emergencies.
The court's decision is based on guidelines from the Union Ministry of Road Transport and Highways (MoRTH), issued in 2020, which mandate fuel stations to provide public drinking water and sanitation facilities 24x7 and display clear signage.
The court's revision addresses concerns raised by petrol pump owners who argued that public use infringed on property rights and violated safety norms. However, the court and central government policies emphasize that providing public toilet access is a mandatory requirement under various guidelines.
Toilets at petrol pumps on National Highways must now be open round the clock to all public, with clear signage indicating availability. For petrol pumps in other areas of Kerala, toilets should be accessible to all customers and transit travelers, allowing public use subject to safety and security considerations.
The court also criticized attempts by local governments to compel petrol pump owners to "convert" private toilets into public toilets, stating that the government's responsibility under schemes like Swachh Bharat Mission (SBM) cannot be shifted onto private dealers. Instead, it is the responsibility of local self-government bodies to provide toilets under the Swachh Bharat Mission.
The court directed petrol pump owners and oil marketing companies not to restrict anyone from using their facilities unless there is a safety or security concern. It also restrained government authorities from installing boards outside petrol pumps stating that their toilets are public toilets.
The petition, filed by Kerala's petroleum dealers association and several individual outlet dealers, challenges actions by local authorities treating private toilets at petrol pump premises as public conveniences. The petitioners seek the Court's intervention to declare that their private toilets are protected under Article 300A of the Constitution (right to property) and cannot be treated as public property.
The case, Petroleum Traders Welfare and Legal Service Society & ors v State of Kerala & ors, was heard by Justice CS Dias. The exact date of the order was not mentioned in the paragraph. Justice Dias remarked that allowing such boards could lead to any building's toilets being declared as public toilets.
This misrepresentation is causing large crowds, including tourist buses, to access these premises, leading to altercations and chaos, and compromising safety at petrol bunks as per the Petroleum and Explosives Safety Organization (PESO) guidelines. The Court's order aims to address these issues and ensure that petrol pump toilets are used appropriately and safely.
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