Fueling Public Dignity: Kerala HC Rules Petrol Pump Toilets Must Be Open to All

Thiruvananthapuram: In the case Petroleum Traders Welfare and Legal Service Society vs. State of Kerala & Ors. (Case No. WP(C) 9329/2025), the Kerala High Court upheld the authority of local self-governments to ensure public access to toilet facilities at petrol pumps during their operating hours. The petition was filed by several petrol pump owners, challenging directives issued by the local bodies such as the Thiruvananthapuram Municipal Corporation.

The Municipal Corporation had implemented measures including QR-code-based quality ratings and signage to make petrol pump toilets accessible to the general public. The petitioners argued that these toilets, located on private property, were meant solely for customers, and that enforced public access violated their property rights guaranteed under Article 300A of the Constitution of India. They also raised concerns about safety due to the hazardous nature of petrol pumps.

The High Court’s Division Bench of Justices Amit Rawal and P. V. Balakrishnan, in its judgement dated September 18, 2025, balanced these competing interests carefully. It recognised public access to toilets as essential to the right to health and dignity, principles grounded in the Supreme Court’s jurisprudence, on Municipal Corporation of Delhi vs. Female Workers (AIR 2000 SC 1281) and Common Cause vs. Union of India (2018). These rulings reiterated that the right to sanitation is a fundamental facet of the right to life under Article 21 of the Constitution.

Accordingly, the court directed that petrol pump toilets located on National Highways and operational 24/7 must remain open to the public around the clock. For other petrol pumps, public access must be provided during their working hours. The court also mandated appropriate signage indicating the availability of toilets and drinking water facilities. These directions give effect to the Swachh Bharat Mission (Urban) guidelines issued by the Ministry of Housing and Urban Affairs, as well as the Ministry of Road Transport and Highways circular of 2013, which prescribe public conveniences along highways.

Earlier, a single bench (Justice C. S. Dias) had passed an interim order in June 2025 restricting forced public access to these toilets. The Division Bench’s subsequent ruling clarified that local governments have the constitutional mandate, under Articles 21 and 243W, and statutory public health laws, to ensure availability of sanitation facilities in public interest.

Thiruvananthapuram Mayor Arya Rajendran welcomed the judgement, stating:

This judgment reinforces the principle that essential services linked to health and dignity cannot be held hostage to narrow commercial interests. It upholds the role of local self-governments as defenders of public welfare, particularly for the commuters, working class and marginalised communities who most need these facilities.