Constitutional Provisions Regarding Anti-Defecation

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Constitutional Provisions Regarding Anti-Defecation-

Tanmoy Mukherjee

[Advocate]

In India, while there is no direct Constitutional Provisions that explicitly mentions "Anti-Defecation" or Prohibition of open - Defecation, Several constitutional provisions, Judicial pronouncement, Government Schemes together address this issue right to dignity, health and environment.

Constitutional Laws-

 Article 21- (Right to life and personal Liberty)

• It includes the right to live with dignity, health and a clean environment.
• Open-Defecation violates the dignity, particularly of women, and affects public health and hygiene.

Reference Cases-

Article-47 (Directive Principle)-

• It mandates the State to improve Public health, which includes Sanitation and elimination of Open- Defecation.

 Article-48A (Protection and Improvement of Environment)-

• It indirectly supports efforts like Sanitation to maintain ecological balance.

 Article-51A (g) (Fundamental Duty)

• It deals with duty of every citizen to protect and improve natural environment including Sanitation.

Judicial Response-

Swachh Bharat Abhiyan (2014)-

• Though not constitutional, this government initiative directly tackles Open-Defecation.
• It aims to make India Open-Defecation free.
• It is based on Constitutional values like dignity, health, environment and public responsibilities.

Other Laws -

1. Environment Protection Act, 1986.
2. The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
3. Municipal Acts.
4. Panchayat Acts.