ORDER : Order of the Court was made by B.PUGALENDHI, J. Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus, calling for the records in impugned order in ROC.No.27380/2016/CM Cell, dated 27.10.2016 passed by the 15th respondent herein and quash the same and consequently, direct the respondent Nos.1 to 18 to take necessary action against the offenders to curb the irregularities committed in providing free toilets in public gathering areas, temples, roads, highways, railway stations, bus stands, commercial complexes hospitals and entire state and central government premises on par with free toilet facilities provided in the airports of this Country. “Has it ever pained us that our mothers and sisters have to defecate in open? The poor womenfolk of the village wait for the night; until darkness descends, they can’t go out to defecate. What bodily torture they must be feeling, how many diseases that act might engender. Can’t we just make arrangements for toilets for the dignity of our mothers and sisters?” -Narendra Modi - The Honourable Prime Minister of India, Mr.Narendra Modi in his first speech from the Red Fort on August 15, 2014 asked so. In fact, this anguish has blossomed as Swachh Bharat Mission (in Short 'SBM') or Clean India Mission was launched in the year 2014 and free toilets were provided to the needed persons. The Government announced 100% open defecation free India in October 2020. 2. However, if our mothers, sisters and others, if they come out of their houses to public places, such as markets, bazaars, religious places (or) for any other purposes, they must be affordable to pay a sum of Rs.5/- or Rs.10/- to relieve themselves. If they are not affordable to pay the said amount, then they have to deer relieving themselves, control and wait till they return home. 3. The writ petitioner claims to be a public spirited person, aggrieved over and affected by exorbitant charges collected in the public toilets, sent a representation to the Hon'ble Chief Minister's Special Cell with a request for cancellation of charges in public toilets along with various other demands. The said representation was forwarded to the Commissioner of Municipal Administration. 3. The writ petitioner claims to be a public spirited person, aggrieved over and affected by exorbitant charges collected in the public toilets, sent a representation to the Hon'ble Chief Minister's Special Cell with a request for cancellation of charges in public toilets along with various other demands. The said representation was forwarded to the Commissioner of Municipal Administration. The Joint Commissioner of Municipal Administration, the 15th respondent herein by his letter in ROC No.27380/2016/CM Cell, dated 27.10.2016 replied the petitioner that the cancellation of users charges for pay and use toilets is a policy decision of the Government and the charges are collected only to meet out the maintenance cost, only for maintaining the toilets and therefore, his request is not feasible for compliance. The said communication is challenged in this writ petition. 4. Mr.Sundaravadanam, learned Counsel appearing for the petitioner submits that the Local Bodies, Municipal Administration, Hindu Religious and Charitable Endowments Department, School Education Department, which are supposed to provide hygienic toilet facilities to the public in public areas of these local bodies, are leasing out the public toilets on public auction to the local leaders for lesser cost and these contractors are charging Rs.5/- to Rs.10/- for using urinals or toilets. 5. By comparing the Pilgrims Amenities Centres [PAC] established and maintained by the Tirumala Tirupathi Devasthanam in Tirupathi, he would submit that the pilgrims, who are visiting Tirupathi, shall, at free of cost, make use of the bathrooms and toilets, which are maintained in a neat and clean manner. Whereas, the Hindu Religious and Charitable Endowments Department in this State has not provided any such facilities for the devotees, who are visiting the temples in Tamil Nadu. He would submit that the Hindu Religious and Charitable Endowments Department is not providing such facilities, even in temples in Palani, Rameshwaram and Tiruchendur, where the temples are getting sufficient income. According to him the devotees are driven to approach the private toilets and are made to spend Rs.25/- or Rs.10/- for using bathrooms and toilets. Though these temples are having sufficient income, they are not providing necessary public toilet facilities to the devotees visiting these temples, in order to facilitate the income of these private operators. 6. He would further submit that neither the local bodies nor the contractors are taking any steps to maintain these public toilets in a neat and hygienic condition. Though these temples are having sufficient income, they are not providing necessary public toilet facilities to the devotees visiting these temples, in order to facilitate the income of these private operators. 6. He would further submit that neither the local bodies nor the contractors are taking any steps to maintain these public toilets in a neat and hygienic condition. There is no complaint mechanism and not even the charges collected for the usage of public toilets are displayed. The contractors, mostly influential persons or benamis of the politicians, charge according to their whims and fancies and they exploit the womenfolk, particularly by charging Rs.10/- or Rs.15/- even to use the urinals. The womenfolk capable of spending Rs.10 or Rs.15/- alone can use the public toilets, which are always, noticed in an unhygienic manner and left uncleaned. Due to this poor sanitation and improper maintenance, the users always contract several diseases and fall ill. On the other hand, the Government is spending several crores of rupees every year for the health department and for maintenance of the Government hospitals. 7. The learned Counsel relying on the mode of maintenance of bus stands in Tiruvandrum and Bangalore cities submits that even collectorates in this State are not having public toilets and in most of the public offices, the toilets meant for general public are kept locked by the employees for their personal use alone. According to him in several places Namma Toilets [Our Toilets] were constructed, but are not brought to use on the pressures mounted by the contractors, who have taken lease of several public toilets. 8. He also pointed out that there are no sufficient number of toilets for the students in most of the Government run schools and it is also one of the reasons for the girl students to quit the school and for the development of the private schools. 9. Aggrieved by these negligent acts of the authorities in providing these basic amenities and allowing contractors to exploit the users of these public toilets, the petitioner made complaints. He also made complaint to the Vigilance and Anticorruption Department but they have expressed that they will not look into this, though the property and the buildings are of the Government, they are run by private contractors, who will not come under their ambit. He also made complaint to the Vigilance and Anticorruption Department but they have expressed that they will not look into this, though the property and the buildings are of the Government, they are run by private contractors, who will not come under their ambit. The petitioner appears to have made several complaints and forwarded a complaint to the Hon'ble Chief Minister's Cell, which has been rejected in the letter impugned and the same is challenged in this writ petition. 10. During the course of arguments, Mr.Sundaravadam, learned Counsel by referring the maintenance of the public toilets by the Delhi Municipal Corporation produced certain photographs and submitted that with private sponsorship and by allowing advertisements in the wall of the public toilets, the Delhi Corporation is maintaining public toilets in a hygienic manner and these toilets are allowed to be used by the public at free of cost. 11. Based on this submission and the materials placed, this Court by order dated 25.04.2019 suggested the State Government to visit Delhi and to find out the feasibility of adopting the method of the Delhi Municipal Corporation in this State. Accordingly, the Government vide G.O.D.No.437, Municipal Administration and Water Supply Department, dated 31.10.2019, constituted a committee headed by Mr.K.Srinivasan, I.A.S, Additional Secretary to Government, Municipal Administration and Water Supply Department, along with the Joint Commissioner of Municipal Administration, the Chief Engineer and the Superintending Engineer to study the method being followed in New Delhi for maintaining the public toilets hygienically, so that it can be followed in Tamil Nadu. The Committee had visited New Delhi Municipal Corporation on 27.11.2019 and 28.11.2019 and furnished a report to the Government. Based on that report, the 15th respondent has filed a counter affidavit, which reads as follows: “The following observations are made by the Committee: [1] The basic concept of this model is running the toilets in public places in government lands with the help of the private people [2] The land will be given through tender and selection of concessionaries is based on the maximum concession fee. The selected concessionaries shall construct the toilet in all standards and maintain for 15 years and then handover to New Delhi Municipal Corporation. [3] The concessionaries should allow the public to use the toilet and other facilities like water ATM at no cost or very minimal cost. The selected concessionaries shall construct the toilet in all standards and maintain for 15 years and then handover to New Delhi Municipal Corporation. [3] The concessionaries should allow the public to use the toilet and other facilities like water ATM at no cost or very minimal cost. [4] The concessionaries will get revenue through advertisements inside and outside of the toilet building and running water ATM. [5] This model is implementing successfully in New Delhi Municipal Corporation area only. In other Municipal Corporation of National Capital Region of Delhi like South Delhi Corporation, North Delhi Corporation, East Delhi Corporation, West Delhi Corporation the success is very limited. [6] Reasons for success in New Delhi Municipal Corporation are : [a] Roads are very wide and common places are plenty in New Delhi Municipal Corporation Where we can implement this mode through contruction of toilet along with advertisement potential. [b] The floating population to resident population is very high in New Delhi Municipal Corporation. [c] The demand for advertisement in New Delhi Municipal Corporation is very high and advertisement in New Delhi Municipal Corporation generates huge revenue. [d] The same model cannot be implemented throughout chennai and other Municipal Corporations due to the following reasons: [i] Floating population to resident population is too low compared to New Delhi Municipal Corporation [ii] The common public places like roadside or park side for constructing toilet (where advertisement potential is huge) is very limited in Chennai and other Municipal Corporation for implementing this model. But this model can be implemented in few places like important commercial locations, High Court premises, Secretariat premises, Central and Egmore Railway Station premises. Bus terminals and other important locations are making a detail study of potential of advertisement and the availability of places” 12. The learned Special Government Pleader appearing for the respondents submitted that the petitioner has sent a petition to the Hon'ble Chief Minister's Cell, which was forwarded to the Municipal Administration Department, Chennai for necessary action. The petition of the petitioner was considered. The cancellation of user charges for pay and use toilets is the policy decision of the Government and the charges are collected only to meet out the cost of maintenance of these public toilets and therefore, the request of the petitioner was rightly rejected by the authority concerned. 13. The petition of the petitioner was considered. The cancellation of user charges for pay and use toilets is the policy decision of the Government and the charges are collected only to meet out the cost of maintenance of these public toilets and therefore, the request of the petitioner was rightly rejected by the authority concerned. 13. The learned Special Government Pleader further submitted that as directed by this Court a committee has visited New Delhi and submitted its report on the feasibility of adopting such method in Tamil Nadu. According to the report of the Committee, High Court premises, Secretariat premises, Central and Egmore Railway Station premises are covered under the Greater Chennai Corporation area and the Chennai corporation is taking detailed study of potential of advertisement and other feasibility is under consideration. 14. She further submitted that during the Budget session 2020-2021, an announcement has been made that installation of air-conditioned toilet with modern facilities will be provided in each unit to all Corporations on pilot basis under public private partnership mode and it is also under process. 15. This Court paid its anxious consideration to the rival submissions and also perused the materials placed on record. 16. Right to life guaranteed under Article 21 of the Constitution of India includes, right to live with dignity. The term 'life' means something more than animal existence. This right to live with human dignity enshrined in Article 21 of the Constitution of India is derived from the Directive Principles of the State Policy, particularly, Clauses (e) and (f) of Article 39 and Articles 41 and 42 of the Constitution of India. The right to life has been further extended by the Hon'ble Supreme Court in Bandhua Mukti Morcha Vs Union of India, reported in AIR 1984 SC 802 , as follows. “the right to life must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. “the right to life must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no state neither the Central Government nor any State Government has the right to take any action which will deprive a person of the enjoyment of these basic essentials” 17. Human dignity means that making an individual or group to feel self respect and self worth. No human being can live with dignity, unless there are facilities to maintain basic hygiene. The right conferred by Article 21 of the Constitution of India cannot be meaningful, if facilities of clean and hygienic toilets are not provided to the common man. 18. The 2011 census data of India showed that 46.9% household has toilets and 3.2% use public toilets, remaining 49.8% of people are defecating in the open. The practice has been widely accepted for generations, becoming a well-established tradition deeply ingrained from early childhood and is almost an accepted part of the Indian landscape. Open defecation is rampant in rural India, where it is practiced by nearly 70% of the rural population, compared to 13% in urban areas. 19. According to the World Health Organisation (WHO), India accounts for 59 percent of the 1.1 billion people in the world who practice open defecation leading to some serious negative effects on both their own health and the environment. Open defecation is one of the dangerous practices commonly adopted by the people due to lack of toilets, even if available, they are not maintained in a hygienic condition, not accessible, etc., Intestinal parasites such as roundworm, whipworm and hookworm, are transmitted through contaminated soil in areas where open defecation is practiced. Hookworm is a major cause of anaemia in pregnant women, leading to malnourished, underweight babies. Open defecation is one of the important causes for diarrheal death. Nearly 2,000 children under the age of five die every day, one every 40 seconds, from diarrhoea. 20. Hookworm is a major cause of anaemia in pregnant women, leading to malnourished, underweight babies. Open defecation is one of the important causes for diarrheal death. Nearly 2,000 children under the age of five die every day, one every 40 seconds, from diarrhoea. 20. The Hon'ble Supreme Court in Vincent Panikulangara v. Union of India (1987) 2 SCC 165 , on the right of health has observed in Para 16 as under: "...... maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society of which the Constitution makers envisaged. Attending to public health in our opinion, therefore, is of high priority perhaps the one at the top." 21. It is the primary duty of a State as per Article 47 of the Constitution of India, to raise the level of nutrition, the standard of living and improve public health. The State shall regard the raising of the level of nutrition, the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health. Though it is the directive principle of the State, it is the duty of the State to implement the same. 22. Section 145 of the Tamil Nadu District Municipalities Act, 1920 mandates every Municipal Council to provide and maintain sufficient number of public toilets in proper and convenient places in neat and clean manner; Section 184 of The Chennai City Municipal Corporation Act, 1919, mandates to provide and maintain, in proper and convenient places, sufficient number of public toilets and maintain the same in clean and proper order; Section 110(e) of the Tamil Nadu Panchayats Act, 1994, mandates the duty of the village panchayat to provide the provision of public toilets and arrangements to clean whether public or private. The local bodies are expected to provide public toilets and maintain them neat and clean. 23. In a public interest litigation, seeking toilet facilities filed by women walking on streets, in Milun Suryajani and Others Vs. The local bodies are expected to provide public toilets and maintain them neat and clean. 23. In a public interest litigation, seeking toilet facilities filed by women walking on streets, in Milun Suryajani and Others Vs. Pune Municipal Commissioner, Shivajinagar and Others, [2016 (2) ABR 105, Manu/MH/3430/2015] a Division Bench of the Bombay High Court held that providing toilets for women walking on streets is an integral part of civic amenities and Corporations cannot ignore their statutory duty. Health of city is inextricably linked to its toilets and it is imperative to provide them in sufficient numbers. By holding so, the Division Bench issued directions to all the Municipal Corporation of the State of Maharastra to formulate a comprehensive scheme for construction of toilets for women walking on streets and issued the following directions: 50. Considering the aforesaid, we propose to dispose of the PIL, by issuing certain directions to all the Corporations, which are as under : ORDER "(i) All Municipal Corporations shall formulate a comprehensive scheme for construction of toilets/urinals/restrooms/privies for women walking on the streets. The Corporations shall constitute a Committee (called hereafter as "the Committee") under the Chairmanship of the Commissioner/Additional Municipal Commissioner and the said committee shall include the concerned Municipal Officers i.e. City Engineer, Officer in-charge of the Health Department, Officer in charge of Women and Child Department, Chairman of the Standing Committee, women representatives belonging to NGO's working in the said field and few Women Municipal Councillors. (ii) All Corporations shall constitute the aforesaid Committee, if not constituted within 4 weeks from today. The Committee shall formulate a comprehensive scheme from the identification of the spot to construction of such toilets which shall include the management and maintenance of the toilets. The emphasis should not be on providing number of toilets on the basis of proportion of women population. The emphasis should be on providing proper facilities at the right places where they are needed the most. The Scheme may provide for private-public partnership for construction and maintenance of toilets. The Scheme may provide for payment of charges for the use of the facilities. (iii) The Committee so constituted shall after conducting a survey, identify the locations for construction of such toilets for women walking on the streets, i.e. gardens, bus stops, rickshaw/taxi stands, crowded places, railway stations, Government/Municipal Offices, etc. The Scheme may provide for payment of charges for the use of the facilities. (iii) The Committee so constituted shall after conducting a survey, identify the locations for construction of such toilets for women walking on the streets, i.e. gardens, bus stops, rickshaw/taxi stands, crowded places, railway stations, Government/Municipal Offices, etc. after doing spot verification, so as to ensure that the spot so chosen is practical, accessible, feasible and safe. Ideally, the facilities shall be made available by the side of the main roads, so identified. However, the same will depend on the facts and circumstances of each case, considering the availability and other relevant factors. E-toilets can be provided depending on the local situation. (iv) The Committee shall take steps to have the toilet designed, keeping in mind the location of such toilets, which are sought to be constructed. The Committee must bear in mind that the place chosen has regular supply of electricity, adequate light during daytime, has adequate water and is safe. While designing the toilets, aesthetics and a clean and clear access should be ensured, as these toilets will be located at prime locations. (v) The Corporations shall as far as possible try to install solar panels to cut down on the cost of electricity and shall endeavor to promote environmental friendly measures. (vi) While designing the toilets, care shall be taken to ensure that there is proper ventilation and preferably natural light without compromising on the privacy, security and safety of women. (vii) The new toilets shall be a separate unit with a separate entrance and be preferably at a distance from the men's toilets. (viii) All such toilets apart from being provided with the basic facilities of continuous supply of water and electricity, shall also be provided with soap dispensers, mirrors, toilet papers, hand dryers, sanitary disposal dustbins, basins, normal dustbins and exhaust fans. As far as 'pay and use' facilities are concerned, sanitary napkins and tampons shall be made available on payment basis or alternatively, a dispenser for the same may be installed. (ix) All cleanliness material for sweeping, swabbing, urinal disinfectants, phenyl, naphthalene balls, etc. which are required to keep the toilets clean shall be made available to the lady attendant in each of such toilets. Provision be made for storage of these materials. (x) Directions for proper use of toilets (signage) shall be displayed figuratively and in writing. (ix) All cleanliness material for sweeping, swabbing, urinal disinfectants, phenyl, naphthalene balls, etc. which are required to keep the toilets clean shall be made available to the lady attendant in each of such toilets. Provision be made for storage of these materials. (x) Directions for proper use of toilets (signage) shall be displayed figuratively and in writing. The visual or figurative display shall guide the users to use the toilets in a proper manner, e. g., flush toilet after use; throw sanitary napkins/tampons in the sanitary hygienic bin; keep the toilet seat clean and dry; wash hands with soap after use; use hand dryer or paper towels; throw paper in dustbin, etc. The said visual/figurative display and writing shall be standardized in size, colour, logo, font, etc. (xi) A lady attendant should be deputed in each of such toilet, to ensure that the toilets are kept in a clean and hygienic condition. Toilets shall be protected by a trained woman security person in uniform who shall be available round the clock. (xii) The timing and frequency of cleaning of the toilets will be determined by the crowd flow. Similarly the frequency will depend upon the area and locality in which such toilets are situated. The toilets must and shall be cleaned at least every 1-2 hours depending upon the usage. The time at which the toilet shall be cleaned should be displayed. The lady attendant shall ensure that the floors of the toilets are kept clean and dry at all times. (xiii) The Corporations shall ensure that there is a Lady Caretaker/attendant in each of such toilets and that the said lady attendant/caretaker so appointed is adequately trained and certified to perform the task. The lady caretaker/attendant/security in-charge shall be preferably in uniform and shall be given a photo identity card with name and seal of the local authority, so that, she can be identified. (xiv) The Corporations shall ensure that an inspection card is displayed daily which can be used for supervision and monitoring of daily maintenance of toilets. (xv) A register or billing system shall be maintained at each toilet to keep a record of the number of users as well as the payments made by the users. (xvi) The Corporations shall ensure cleanliness of toilets not only from within, but shall also ensure cleanliness in the peripheral areas i.e., around the toilet is maintained. (xv) A register or billing system shall be maintained at each toilet to keep a record of the number of users as well as the payments made by the users. (xvi) The Corporations shall ensure cleanliness of toilets not only from within, but shall also ensure cleanliness in the peripheral areas i.e., around the toilet is maintained. Corporations must also ensure that the area outside the toilets is well lit, so as to ensure security and safety of the women using the toilets. If possible, Corporations may consider installing CCTV cameras outside the toilets so as to ensure that there is a check on miscreants, without compromising on the privacy of the users. (xvii) The Corporations may also outsource the maintenance and cleanliness of the toilets to any housekeeping companies. The committee which is formed shall fix responsibility/accountability for gross failures in the implementation of the comprehensive scheme/plan decided upon or in maintenance of the toilets and facilities which have been provided. (xviii) Clear Signage shall be displayed on major arterial roads close to where the toilet facilities are made available. It shall be ensured that the said signage's are easily visible and must be standardized in size, color, logo and shall be fluorescent for it to be identifiable at any time of the night. (xix) All Municipal Corporations are free to fix the charges for the 'Pay and Use' toilets which will be constructed. However, the Corporations to ensure that the charges are reasonable and not exorbitant, so as to dissuade women from using the same. (xx) The Corporations shall make such toilets available where possible 24X7 or if this is not possible then from morning to night. (xxi) The working hours of the toilet and the user charges shall be displayed at the entrance of such toilets. (xxii) All Corporations shall create a mechanism for inspection of such toilets. Any member of the Committee i.e. lady member of the NGO/Lady Corporators/Civic Official/Committee member, shall conduct regular inspections/surprise inspections of such toilets at regular intervals, so as to ensure that the toilets so constructed are clean and hygienic and that all the facilities are being made available. The Corporations can constitute Ward Level Sub-Committees consisting of Officers, Citizens and representatives of NGO by making the Sub-Committee responsible for supervising the condition of toilets. (xxiii) A grievance redressal mechanism shall be set up by each of the Corporations. The Corporations can constitute Ward Level Sub-Committees consisting of Officers, Citizens and representatives of NGO by making the Sub-Committee responsible for supervising the condition of toilets. (xxiii) A grievance redressal mechanism shall be set up by each of the Corporations. A telephone number/website shall be displayed in every toilet where a complaint/grievance can be lodged/made/photographs uploaded by the users of the toilet, to redress their grievance e.g. if toilets are unclean, flush is not working, latch is broken, leakages, etc. The complaints shall be received by the following methods : (a) Complaints in writing received at designated centres; (b) Complaints received through dedicated toll free number/s; (c) Complaints received through dedicated website; and (d) Complaints received by text message via cell phones. The Committee shall, in its Scheme, set out the time frame within which the grievance will be addressed/fixed, considering the exigencies of the situation. Further an emergency number shall also be displayed in case of any danger/emergency. An emergency bell can be provided which can be used by the users in case of an emergency. (xxiv) System of tracking shall be made available for citizens to track the action taken by the Corporation on the basis of the complaints received. (xxv) All Corporations shall ensure that there is no defacement of the exterior or within the interior of such toilets. (xxvi) When new toilets are constructed, Corporations shall ensure that the toilets cater to the needs of the disabled and as far as possible, there is one such toilet in every unit. (xxvii) The Corporations in formulating its scheme must set out its long term plan for construction of such toilets and shall submit the audit reports every year. The regular audit report must contain, the budget allocated for construction of such toilets, the expenditure incurred with breakup of costs of various materials, fixtures etc. After completion of construction of the new toilets, reports be submitted to the Committee, with regards to the expenditure funds incurred on the maintenance, repairs, payments to security personnel and housekeeping companies. (xxviii) The Committee shall in its Scheme, device a mechanism for accountability for failure to keep the toilets in a clean and hygienic condition. The Committee can also introduce in its Scheme, incentives/awards for toilets which maintain the highest standards of cleanliness and hygiene. (xxviii) The Committee shall in its Scheme, device a mechanism for accountability for failure to keep the toilets in a clean and hygienic condition. The Committee can also introduce in its Scheme, incentives/awards for toilets which maintain the highest standards of cleanliness and hygiene. (xxix) The Corporations to ensure that there is no lapsing of the budgetary provisions sanctioned for construction of such toilets. Corporations shall endeavor to involve companies in construction and maintenance of such toilets and may formulate a separate scheme with involvement of such companies under the Corporate Social Responsibility (CSR)/Public Private Partnership (PPP). (xxx) The Corporations shall make an endeavor to put up the locations as well as facilities of toilets which are made so available on the internet services, making it helpful to all women as well as women tourists with regard to the exact location of toilets and directions to the same. (xxxi) The Municipal Corporations shall give wide publicity, repeatedly, to the provision of public toilets for women in all leading newspaper as well as on electronic media." 24.The right to education to children of age 6 to 14 years is made as a fundamental right by 86th amendment Act, 2002 with effect from 01.04.2010. However, this object of the Act is fully defeated due to lack of sanitation in some cases. Girl students tend to miss school on an average of six days a month due to the lack of quality sanitation facilities at school. This eventually contributes to almost 23% of them dropping out of school on reaching puberty, which in turn, sharply degrades their potential as individuals and future workers. If any girl child discontinues her studies for want of toilets, then the very object of the Act itself would be defeated. The Hon'ble Supreme Court in Environment and Consumer Protection Foundation Vs Delhi Administration and Others [ AIR 2012 SC 3445 ] has held as follows: “9.We are inclined to dispose of the writ petition with a direction to all the States to give to the various directions already given by this Court like providing toilet facilities for boys and girls, drinking water facilities, sufficient class rooms, appointment of teaching and non-teaching staff, etc., if not already provided within six months from today. We make it clear that these directions are applicable to all the schools, whether State owned or privately owned, aided or unaided, minority or non minority.” 25. The Government realising the same has launched Swachh Bharat Mission on 2nd October 2014 with an aim to achieve open defecation free India within five years. A time limit was also fixed to achieve this object as 2nd October' 2019 as a tribute to the Father of Nation Shri.Mahatma Gandhi on his 150th Birth Anniversary. It is not only the object under Swachh Bharat Mission to establish toilets and to eradicate open defecation, but is also intended to effect behavioural changes regarding healthy sanitation practice. The community toilets, public toilets and urinals are also proposed to be established in this mission. The public toilets are sought to be provided for the floating populace / general public in places such as markets, bus stands, railway stations, religious places, tourist places, public officer and other public areas. 26. Under this mission the Government has spent around rupees one lakh crores and constructed ten crore toilets all over India and in Tamil Nadu alone fifty two lakh toilets have been constructed between 2014 and 2018. Even before this Mission, the Government had implemented various other sanitation schemes such as, Rural Sanitation programme in India in the year 1954 as a part of the First Five Year Plan of the Government of India; Central Rural Sanitation Programme [CRSP] in the year 1986 primarily with an objective of improving the quality of life of the rural people and also to provide privacy and dignity to women; Total Sanitation Campaign [TSC] in the year 1999; and Nirman Bharat Abhiyan [NBA] in the year 2012. Even though several toilets have been constructed under various schemes, open defecation has not been eradicated fully and the consequential health hazards are not removed. The private contractors, who are taking lease of public toilets on meagre amounts, are exploiting common man, particularly the womenfolk by charging exorbitantly, even for using urinals. People who are not affordable for their charges, are once again practising open defecation, ultimately, the very object of these Acts and Rules and the amount spent by the Government under this Swachh Bharat Mission are defeated. 27. As discussed above, a neat and hygienic toilet is a right of the citizen. People who are not affordable for their charges, are once again practising open defecation, ultimately, the very object of these Acts and Rules and the amount spent by the Government under this Swachh Bharat Mission are defeated. 27. As discussed above, a neat and hygienic toilet is a right of the citizen. The provisions under the Tamil Nadu District Municipalities Act, Chennai City Municipal Corporation Act and the Panchayat Act also mandates the local bodies to maintain the public toilets with a neat and clean environment. Coupled with the rights guaranteed under Articles 21, 47 and 21(A) of the Constitution of India and the mandate on the local bodies to provide public toilet in a neat and clean condition, the State must provide neat and hygienic public toilets to its people. Therefore, the impugned communication of the 15th respondent is set aside and the following directions are issued: (i) Public toilets, in adequate numbers, with all facility should be provided all over the State, free of cost, wherever possible; (ii) The maintenance of public toilets shall be carried out by the local bodies by engaging NGO's and by getting sponsorship and causing advertisements on the walls of the toilets; (iii) The users must be sensitised as to the proper usage of the public toilets for proper maintenance and instructions shall be displayed where ever possible. (iv) A complaint mechanism must be put in place, to monitor and ensure maintenance of the public toilets clean and hygienically; and responsibility shall be fixed on the authorities for the proper maintenance of the same. (iv) A board having the details of the charges, if any, collected should be displayed. (v) A routine and regular cleaning shall be done. (vi) Existing public toilets should be surveyed and be made functional, if not functional. (vii) The details in respect of the location of the toilets must be made available publicly. (viii) The Government shall also consider the directions issued by the Division Bench of the Bombay High Court in Milun Suryajani and Others Vs. Pune Municipal Commissioner, Shivajinagar and Others, [2016(2) ABR 105, Manu/MH/3430/2015] and find out the possibility implementing such directions in this State also and implement the same. We hope and trust that these directions will be implemented within a period of one year. 28.With the above observations and directions, this writ petition stands disposed of. No costs. Pune Municipal Commissioner, Shivajinagar and Others, [2016(2) ABR 105, Manu/MH/3430/2015] and find out the possibility implementing such directions in this State also and implement the same. We hope and trust that these directions will be implemented within a period of one year. 28.With the above observations and directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.