2011 INSC 1134
                             SUPREME COURT OF INDIA

                      Environmental and Consumer Protect. Found.

                                                Vs.

                                     Delhi Administration

                                  W.P. (C) No. 631 of 2004

                          (Dalveer Bhandari and Dipak Misra JJ.)

                                           18.10.2011

                                             ORDER

1. Mr. Ravindra Bana, Learned Counsel for the Petitioner submits that the
directions of this Court for providing drinking water in all the schools have been
complied with by all the States and the Union Territories excepting the State of
Uttar Pradesh and Jammu & Kashmir.

2. Learned Counsel appearing for the State of Uttar Pradesh submits that except in
300 schools, potable drinking water has been provided in all other schools and he
gives assurance to the Court that within one week from today, drinking water
would be made available in the remaining 300 schools.

3. Learned Counsel appearing for the State of Jammu & Kashmir submits that by
31st October, 2011, drinking water would be made available in all the schools in
the State of Jammu & Kashmir.

RE: PROVISION FOR TOILETS IN THE SCHOOLS:

4. We have heard the Learned Counsel for the parties. It is imperative that all the
schools must provide toilet facilities. Empirical researches have indicated that
wherever toilet facilities are not provided in the schools, parents do not send their
children (particularly girls) to schools. It clearly violates the right to free and
compulsory education of children guaranteed under Article 21-A of the
Constitution.

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5. We direct all the States and the Union Territories to ensure that toilet facilities
are made available in all the schools on or before 30th November, 2011. In case it
is not possible to have permanent construction of toilets, at least temporary toilets
be provided in the schools on or before 30th November, 2011 and permanent
toilets be made available by 31st December, 2011.

6. We direct the Chief Secretaries/ Administrators of all the States/Union
Territories to file their affidavits on or before 30th November, 2011.

7. List this matter for further directions on 5th December, 2011.

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