A/HRC/45/10/Add.2
across the country.52 In addition, a 2019 study by ActionAid India showed that 76 per cent
of surveyed public toilets in Delhi did not have an accessibility ramp.53
67.
Another group with particular sanitation needs are women and girls. Following the
visit, in a 2018 Advisory on Public and Community Toilets, the Ministry of Housing and
Urban Affairs noted the need for gender-sensitive toilet facilities in public spaces,
mentioning the need for privacy and safety. Notwithstanding this advisory, which the Special
Rapporteur welcomes, sanitation facilities in India often remain unsatisfactory for women’s
sanitation needs. A 2019 study on urban public toilets for women in six cities of India showed
that 35 per cent of surveyed public toilets in Delhi did not have a separate section for women;
53 per cent of women’s toilets did not have running water; 45 per cent of toilets did not have
a mechanism to lock the door from inside; and 58 per cent of participants mentioned they
prefer changing sanitary napkins only at home and not when they are in work, school or
public places.54
68.
With regard to transgender persons, media continued to report on the experiences of
transgender persons who have suffered from discrimination in accessing sanitation
facilities.55 Regarding this, the Special Rapporteur notes the adoption of Transgender Persons
(Protection of Rights) Act, 2019, which disallows the exclusion of transgender persons from
any government scheme or benefit and calls for establishing National Council for
Transgender persons, whose functions would include monitoring and reviewing all policies
and government activities related to the rights of transgender persons. Considering the
persisting disparity in access to toilets for transgender persons, the Special Rapporteur urges
the Council to include addressing the issue of the human rights to water and sanitation of
transgender persons as a core part of their functions.
PROGRESS ON-GOING: The Special Rapporteur recommends that the Government
closely monitor the acceptability dimension of the human right to sanitation. Efforts
should be made to track and record instances of all persons being able to use facilities, and
they should be adapted or retrofitted to redress the issue. Further, it is crucial that
provisions regarding the availability and accessibility of water and sanitation for persons
with disabilities, women and transgendered persons are translated into practice.
V. Spheres of life beyond the household
69.
Targets 6.1 and 6.2 of the Sustainable Development Goals aim for universal access to
water and sanitation by 2030, which can only be achieved when access to water and sanitation
is addressed both within the household and in the spheres beyond the household. During the
visit to India, the Special Rapporteur received several reports and often observed that public
places, including transport hubs and police stations lacked sufficient and adequate facilities
for water and toilets (A/HRC/39/55/Add.1, para. 23) Following the visit, he highlighted the
concern that the disproportional impact that lack of provision of water and sanitation in public
spaces has on populations in vulnerable situations, including persons living with disabilities,
LGBTI persons, and women and girls (A/HRC/42/47, para. 43), as well as the populations
who spend significant portions of time in public spaces, such as street workers and homeless
persons (A/HRC/42/47, para. 3).
52
53
54
55
The Hindu Business Line, “Working towards a disabled-friendly India” (25 September 2018).
ActionAid India, Public Toilets for Young Urban Women: A report on Gender Responsive Public
Services in Six Cities of India (2019), 31.
ActionAid India, Public Toilets for Young Urban Women: A report on Gender Responsive Public
Services in Six Cities of India (2019), 6.
Deccan Herald, “Toilets: He, She and Them?” (26 November 2019), and First Post, “Transgender
individuals demand safer, gender-neutral bathrooms in India post-Section 377 verdict” (21 November
2018).
17
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