Fuel pump wash rooms in NH should be open to customers 24x7, says Kerala HC
KOCHI: The Kerala High Court on Wednesday ruled that all washrooms at petrol pumps located along National Highways must remain accessible to the public round the clock. For fuel outlets in other areas across the state, the court directed that washroom facilities should be made available to all customers and transit travellers, subject to safety and security considerations.
Justice C.S. Dias issued the order while modifying an earlier interim directive from 17 June, which had restrained authorities from insisting that petrol pump washrooms be opened to the general public. The fresh ruling came in response to a petition filed by the Petroleum Traders Welfare and Legal Service Society, along with retail outlet dealers from Thiruvananthapuram and Thodupuzha.
The petition challenged attempts by local self-government bodies to portray or convert privately maintained toilets at fuel stations into public toilet facilities. The court strongly criticised this approach, questioning how the government could transfer its responsibility under the Swachh Bharat Mission (SBM) to private dealers.
“It is the duty of the government to provide toilets under the Swachh Bharat Mission. How can the government compel someone else to open their toilets?” the court remarked.
The state government presented SBM-Urban guidelines and a Ministry of Road Transport and Highways circular dated 26 December 2013, which mandates that drinking water and toilet facilities at fuel stations and rest area complexes along National Highways must be accessible to the public 24x7. The circular also calls for clear signage at such outlets indicating the availability of these amenities.
Meanwhile, the Indian Oil Corporation (IOC), in its counter affidavit, clarified that while its Marketing Discipline Guidelines (MDG) 2024 recommend that clean toilets be made available to all customers and transit travellers at all times, subject to safety protocols, it does not mandate access for the general public nor penalise dealers for restrictions.
According to IOC, allowing access to non-customers is left to the discretion of the retail outlet dealer or manager, who must consider the safety risks associated with storing hazardous materials on site. The affidavit also noted that inspections of retail outlets include evaluation of sanitation and usability of the washrooms.
The court further directed that the Petroleum Traders Welfare and Legal Service Society, other dealers, and oil marketing companies may restrict access to toilets only in cases of genuine safety or security concerns. Additionally, it restrained the Thiruvananthapuram Corporation and the Thodupuzha Municipality from putting up signboards outside outlets declaring their toilets as “public toilets.”
In light of all submissions, the court modified its earlier interim order, balancing the public’s right to access essential amenities with the dealers’ rights over private property and safety.