Civic authorities under statutory, moral duty to ensure obstruction-free public pathways: HHRC

Chandigarh, Nov 17 (PTI) The Haryana Human Rights Commission has said that municipal authorities are under a statutory and moral duty to ensure that public pathways remain free from obstruction, and allowing the tying of cattle in streets constitutes gross dereliction of duty.

Such inaction directly endangers residents' right to movement, health and dignity, especially for children and elderly persons in the locality, it said on complaints from residents of Dwarakan Gali in Bhiwani.

It was alleged that certain individuals habitually tie their cattle in the middle of the street, resulting in severe obstruction, unhygienic conditions and inconvenience to local residents.

The residents alleged that despite repeated requests and complaints, the Municipal Council, Bhiwani, has failed to take preventive or corrective measures, reflecting administrative negligence in maintaining public cleanliness and access.

Justice Lalit Batra, chairperson, HHRC, said tying cattle on public roads creates filth, sewage blockage and obstruction to movement, which directly violates the residents' rights to health, dignity and a clean environment.

The inaction of the local authorities amounts to a violation of Article 25 of the Universal Declaration of Human Rights (UDHR), which guarantees every individual the right to a standard of living adequate for health and well-being, including sanitation and clean surroundings.

It also contravenes Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), recognising the right of everyone to the highest attainable standard of physical and mental health, the Commission observed.

The Commission, in its order dated November 11, further said the failure of the Municipal Council, Bhiwani, to maintain hygienic and accessible public spaces infringes upon the Right to Life under Article 21 of the Constitution, which encompasses the right to live with dignity, clean environment and safe surroundings.

The negligence of civic authorities also amounts to violation of "human rights" as defined under Section 2(d) of the Protection of Human Rights Act, 1993, covering rights relating to life, liberty, equality and dignity of individuals.

The Commission found a prima facie case of administrative apathy and violation of basic human rights of the residents of Dwarakan Gali.

"The conditions described indicate failure of civic administration to discharge their legal obligations, leading to environmental degradation and infringement of residents' fundamental rights," Justice Batra observed.

The Commission directed that an immediate factual report be submitted by the District Municipal Commissioner, Municipal Council, Bhiwani within eight weeks from the receipt of the order, detailing steps taken to remove the obstruction and maintain public hygiene; disciplinary or administrative measures initiated against the officials responsible; and preventive actions proposed to ensure that such incidents do not recur.

The Commission further noted that "dairy farming within municipal limits has now become a widespread issue across the State, causing recurring civic and public health concerns".

The Haryana government has recognised this challenge and prepared a comprehensive blueprint to relocate dairies outside municipal boundaries in order to ensure cleanliness, reduce pollution, and protect public health.

This blueprint, though conceptualised and drafted, has not yet been finalised or implemented in full measure, the Commission observed, while adding that effective enforcement of this policy, along with coordinated action by municipal bodies, is essential to address the growing problem and to maintain hygienic urban environments in conformity with the State's health and sanitation objectives.

The Commission has further deemed it necessary to seek clarification and accountability from departments responsible for oversight of urban governance and civic regulation. PTI SUN DV DV