TABLE OF CONTENTS
CHAPTER 1:
INTRODUCTION: DEFINING THE PROBLEM;
(A) CONCEPT OF HUMAN RIGHTS AND ITS RELEVANCE IN THE SANITATION DEBATE;
(B) THE SANITATION CRISIS;
(C) WHY THE HUMAN RIGHT TO SANITATION REMAINS UNFULFILLED;
(D) THE NEED TO PROVIDE THE HUMAN RIGHT TO SANITATION TO ALL;
(E) BENEFITS OF RECOGNISING THE RIGHT TO SANITATION;
(F) HINDRANCES AND ROADBLOCKS IN THE RECOGNITION OF THE RIGHT TO SANITATION;
(G) TOWARDS AN ACCEPTABLE DEFINITION OF SANITATION;
(H) SANITATION IN INDIAN CULTURE: AN ANALYSIS;
(I) THE RURAL-URBAN DIVIDE IN ACCESS TO SANITATION;
(J) HUMAN RIGHTS APPROACH TOWARDS THE REALISATION OF THE RIGHT TO SANITATION;
(K)REALISATION OF THE RIGHT TO SANITATION- WHO'S DUTY?;
(L) OBLIGATIONS OF GOVERNMENTS TO REALISE THE RIGHT TO SANITATION;
(M) SANITATION SCENARIO IN INDIA;
CHAPTER 2: RIGHT TO SANITATION: EVOLUTIONARY GROWTH AND PROGRESS ;
(A)INTERNATIONALISATION OF THE RIGHT TO SANITATION;
(B) GENERAL COMMENT NO. 15 ON THE RIGHT TO WATER AND;
SANITATION- DEFINING THE RIGHT TO WATER AND SANITATION;
(C) MILLENIUM DEVELOPMENT GOALS AND THE RIGHT TO SANITAION: AN ANALYSIS;
(D)RIGHT TO SANITATION AT THE INTE~ATIONAL LEVEL;
(E) UN GENERAL ASSEMBLY RESOLUTION OF JULY 2010;
(F) UN HUMAN RIGHTS COUNCIL RESOLUTION –A/HRC/ 15L. 14;
(G) OPERATIVE PARAGRAPH 3;
(H) OPERATIVE PARAGRAPH 6;
(I) TRANSNATIONAL OBLIGATIONS RELATING TO THE RIGHT TO WATER AND SANITATION;
(J) RIGHT TO SANITATION DURING ARMED CONFLICTS;
(K)CULLING OUT A RIGHT TO SANITATION FROM INTERNATIONAL HUMAN RIGHTS DOCUMENTS;
(L) RIGHT TO SANITATION - AN INTEGRAL PART OF RIGHT TO HEALTH, RIGHT TO EDUCATION, RIGHT TO ADEQUATE HOUSING AND RIGHT TO LIFE;
(M) RIGHT TO SANITATION: AN INTEGRAL PART OF THE RIGHT TO PARTICIPATE AND THE RIGHT TO INFORMATION;
(N)DECLARATIONS AT THE INTERNATIONAL LEVEL;
(0) RIGHT TO SANITATION IN REGIONAL TREATIES;
(P) RIGHT TO SANITATION IN DOMESTIC LAWS;
(Q)IMPERATIVE TO TREAT WATER AND SANITATION AS A SINGLE COMMON RIGHT;
(R)THE OTHER SIDE OF THE COIN: WHY THE RIGHT TO SANITATION SHOULD BE DIFFERENT FROM THE RIGHT TO WATER;
(S) IS THE RIGHT TO SANITATION REALL Y ACHIEVABLE?;
(T) LIMITATIONS OF THE RIGHT TO WATER AND SANITATION;
CHAPTER 3: LEGAL REGIME GOVERNING SANITATION IN INDIA: AN ANALYSIS ;
(A) ARTICLE 21 AND THE RIGHT TO SANITATION;
(B) SANITATION AND DIGNITY-ARTICLE 21;
(C) SANITATION AND THE RIGHT TO CLEAN ENVIRONMENT-ARTICLE;
(D) SANITATION AND THE RIGHT TO HEALTH;
(E) LEGAL AND INSTITUTIONAL STRUCTURE IN INDIA FOR THE REALISATION OF THE RIGHT TO SANITATION;
(F) JUDICIARY ON THE RIGHT TO SANITATION;
(G) MUNCIP AL COUNCIL, RA TLAM v V ARDICHAND AND ORS -LANDMARK JUDGMENT ON SANITATION GOVERNANCE;
(H) SANITATION IN JAIPUR CITY- L.K. KOOLWAL V. STATE OF RAJASTHAN
(I) M.C .MEHTA V. UNION OF INDIA (GANGA POLLUTION CASE);
(1) FUNDAMENTAL DUTY TO PROTECT ENVIRONMENT WOULD IMPLY THE RIGHT TO APPROACH COURT AGAINST;
RECALCITRANT STATE AUTHORITIES TO ENFORCE SANITATION MEASURES;
(K) SALUTORY STATE MEASURES TO PREVENT CHOKING OF DRAINS AND SEWERAGE SYSTEMS;
(L) THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995-AN ANALYSIS;
(M) THE SIKKIM NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1997- AN ANALYSIS;
(N) THE HARY ANA NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1998- AN ANALYSIS;
(O) OTHER JUDICIAL OPIONS ON SANITATION;
(P) JANKI NATHUBHAI CHARA v. SARDARNAGAR MUNICIPALITY - UNSANITARY CONDITIONS IN SARDARNAGAR MUNICIPALITY;
(Q)Dr. K.C. ·MALHOTRA V. STATE OF MADHYA PRADESH -UNSANITARY CONDITIONS IN GWALIOR CITY;
(R)M.C. MEHTA V. STATE OF ORISSA -UNSANITARY CONDITIONS IN CUTTACK;
(S) AMBALA URBAN ESTATE WELFARE SOCIETY V. HARYANA URBAN DEVELOPMENT AUTHORITY;
(T) CITIZENS ACTION COMMITTEE v. CIVIL SURGEON, MAYO (GENERAL) HOSPITAL;
(U)VINOD CHANDRA VERMA v. STATE OF U.P- UNSANITARY CONDITIONS IN ALLAHABAD;
(V)SECTOR 14 RESIDENTS WELFARE ASSOCIATION V. STATE OF DELHI;
(W) LOCAL SELF- GOVERNMENT INITIATIVES IN SANITATION;
(X)KERALAPANCHAYAT ACT, 1994;
(Y)CHAPTER VI OF THE RAJASTHAN MUNICIPALITIES ACT, 1959-SECTION 98- DUTY TO PROVIDE SANITATION SERVICES;
(Z) STATUTORY RESPONSIBILITY OF MUNICIPAL AUTHORITIES IN HIMACHAL PRADESH TO PROVIDE SANITARY SERVICES;
(AA) DELHI MUNICIPAL CORPORATION'S STATUTORY RESPONSIBILITY AS REGARDS PROVISION OF SANITARY PROVISIONS;
(BB) TOWN PLANNING SCHEMES AND SANITATION- KARNATAKA;
(CC) INDIAN LAWS DEALING WITH SANITATION;
(DD) FACTORIES ACT, 1948 AND SANITATION;
(EE) SECTION 18- FACTORIES ACT, 1948- DUTY TO PROVIDE DRINKING WATER;
(FF) SECTION 19-FACTORIES ACT, 1948- DUTY TO PROVIDE LATRINES AND URINALS;
(GG) SECTION 20- FACTORIES ACT, 1948- DUTY TO PROVIDE SPITTOONS;
(HH) SECTION 42-FACTORIES ACT, 1948- DUTY TO PROVIDE WASHING FACILITIES;
(II) CANTONMENT ACT, 1924 AND SANITATION;
(JJ)THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE), ACT, 1996 AND SANITATION MEASURES;
CHAPTER 4: SOCIO-LEGAL DIMENSIONS OF SANITATION: AN ANALYSIS ;
(A)INHUMAN SANITARY EMPLOYMENT AS VIOLATION OF ARTICLE 23 OF THE CONSTITUTION;
(B) FUNDAMENTAL RIGHTS AND SANITARY WORKERS;
(C) MANUAL SCAVENGING AND THE LAW: AN ANALYSIS INTO THE SOCIO-LEGAL HUMAN RIGHTS DIMENSIONS OF SANITATION;
(D)AIMS AND OBJECTIVES OF THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993;
(E) DEFINITION OF MANUAL SCAVENGER;
(F) CONDITIONS FOR THE PROHIBITION OF MANUAL SCAVENGINGSECTION;
(G) RESPONSIBILITY FOR IMPLEMENTATION;
(H) SCHEMES FOR THE LIBERATION AND REHABILITATION OF MANUAL SCAVENGERS;
(I) CONSTITUTION OF MONITORING COMMITTEES-SECTION 13;
(J) NATIONAL COMMISSION FOR SAFAI KARAMCHARIS ACT, 1993;
(K)MAINSTREAMING MANUAL SCAVENGERS;
(L)THE NATIONAL SAFAI KARAMCHARI FINANCE AND DEVELOPMENT CORPORATION;
(M) SELF-EMPLOYMENT SCHEME FOR THE REHABILITATION OF MANUAL SCAVENGERS;
(N) INTERNATIONAL PROTECTION FOR MANUAL SCAVENGERS;
(O) OCCUPATIONAL HEALTH OF SANITARY WORKERS;
(P) EXPOSURE TO HARMFUL GASES- HARMFUL EFFECTS OF HYDROGEN SULPHIDE;
(Q) LEPTOSPIROSIS;
(R) RESPIRATORY DISORDERS;
(S) CONCLUSION;
(T) SUPREME COURT'S VIEW ON THE RIGHTS OF SANITARY WORKERS;
(U)DELHI JAL BOARD V. NATIONAL CAMPAIGN FOR DIGNITY AND RIGHTS OF SEWAGE AND ALLIED WORKERS AND OTHERS;
(V) LEGAL RIGHTS OF MANHOLE WORKERS;
CHAPTER 5: REALISING THE RIGHT TO SANITATION: THE GOVERNANCE FRAMEWORK;
(A) PRIORITIZING WATER AND SANITATION SERVICES;
(B)INTEGRATING THE RIGHT TO WATER AND SANITATION INTO INERNATIONAL COOPERATION PROCESS;
(C) HOW GOVERNMENTS CAN PROMOTE THE RIGHT TO WATER AND SANITATION THROUGH INTERNATIONAL COOPERATION?;
(D) ENSURING THAT ECONOMIC SANCTIONS DO NOT VIOLATE THE RIGHT TO WATER AND SANITATION;
(E) PROTECTION OF WATER AND SANITATION FACILITIES DURING ARMED CONFLICTS;
(F) NATIONAL URBAN SANITATION POLICY OF JULY 2010- AN ANALYSIS
(G) INTEGRATED LOW COST SANITATION PROJECT BEING IMPLEMENTED BY THE MINISTRY OF HOUSING AND POVERTY ALLEVIATION (HUPA);
(H) GOALS OF NATIONAL URBAN SANITATION POLICY
(I) AWARENESS GENERATION AND BEHAVIOR CHANGE;
(J) OPEN DEFECATION FREE (ODF) CITIES;
(K)INTEGRATED CITY-WIDE SANITATION;
(L) FINANCING;
(M) MEASURES TO ENSURE SUCCESS;
(N) JAWAHAR LAL NEHRU NATIONAL URBAN RENEWAL MISSION (JNNURM) AND SANITATION;
(0) COMMUNITY LEAD TOTAL SANITATION MOVEMENT;
(P) YAMUNA ACTION PLAN AND THE RESPONSIBILITY OF THE MUNICIPAL COUNCIL OF DELHI TO PROVIDE SANITATION SERVICES;
(Q) GANGAACTION PLAN AND SANITATION MEASURES;
(R) OBJECTIVES OF GANGA ACTION PLAN;
(S) SANITATION POLICIES IN INDIA: AN ANALYSIS;
(T) TOTAL SANITATION CAMPAIGN;
(U)TOTAL SANITATION CAMPAIGN AT THE NATIONAL LEVEL;
(V) TOTAL SANITATION CAMPAIGN AT THE STATE LEVEL;
(W) TOTAL SANITATION CAMPAIGN AT THE DISTRICT LEVEL;
(X) TOTAL SANITATION CAMPAIGN AT THE VILLAGE LEVEL;
(Y)PRINCIPLES OF TOTAL SANITATION CAMPAIGN;
(Z) OBJECTIVES OF TOTAL SANITATION CAMPAIGN;
(AA) FUNDING PROVISIONS;
(BB) NIRMAL GRAM PURUSKAR;
(CC) SUCCESS OF THE TOTAL SANITATION CAMPAIGN;
(DD) CENSUS 2011- SANITATION STATISTICS;
CHAPTER 6: INTERNATIONAL CASE STUDIES: AN ANALYSIS ;
(A) GHANA;
(B) GHANA'S MDG REPORT: SILENT ON SANITATION;
(C) GHANA'S NATIONAL WATER POLICY, 2007: AN ANALYSIS;
(D) GHANA'S NATIONAL ENVIRONMENTAL SANITATION POLICY (NESP): AN ANAYLSIS;
(E) NO EXPRESS RECOGNITION OF THE RIGHT TO SANITATION;
(F) GROWTH AND POVERTY REDUCTION STRATEGY: AN ANAL YSIS;
(G) ABSENCE OF TARGET TO ACHIEVE UNIVERSAL SANITATION;
(H)NO EMPHASIS ON HYGIENE EDUCATION;
(I) INSUFFICIENT FINANCIAL OUTLAY BY THE STATE FOR THE PROVISION OF SANITATION SERVICES;
(J) NO FRAMEWORK TO GUARANTEE REMEDIES IN THE EVENT OF STATE FAILURE TO PROVIDE SANITATION SERVICES;
(K) SRI LANKA;
(L) MAHINDA CHINTHANA DEVELOPMENT PLAN;
(M) CRITICISMS;
(N)DICHOTOMY BETWEEN RURAL WATER SUPPLY AND SANITATION POLICY AND NATIONAL POLICY ON SANITATION AS REGARDS HYGIENE EDUCATION;
(0) OVER-EMPHASIS ON MARKET ORIENTED VALUES AS OPPOSED TO HUMAN RIGHTS;
(P) NO EXPRESS RECOGNITION OF THE RIGHT TO WATER AND SANITATION IN THE SRI LANKAN LEGAL FRAMEWORK;
(Q) CONCERNS OF MARGINALIZED AND VULNERABLE SECTIONS NOT TAKEN INTO ACCOUNT IN THE PROVISION OF SANITATION SERVICES;
(R) CONCERNS OF WAR DISPLACED POPULACE NOT EFFECTIVELY ADDRESSED;
(S) ABSENCE OF SECURITY OF TENURE NOT ADDRESSED IN THE PROVISIONS OF SANITATION SERVICES
(T)NO OVERSIGHT MECHANISM TO ENSURE THE IMPLEMENTATION OF THE MILLENNIUM DEVELOPMENT GOALS WITH RESPECT TO SANITATION ;
(U)KENYA
(V) LOCAL AUTHORITY TRANSFER FUND (LATF), CONSTITUENCY DEVELOPMENT FUND (CDF) AND THE WATER SERVICES TRUST;
FUND (WSTF)- BOTTOM UP APPROACHES TO ENSURE SANITATION FOR ALL;
(W) WELFARE OF MARGINALISED GROUPS- APPROACH OF THE NATIONAL WATER SERVICES STRATEGY;
(X)PRO-POOR IMPLEMENTATION PLAN FOR WATER SUPPLY AND SANITATION (PPIP-WSS), 2007;
(Y)NO EXPRESS RECOGNITION OF A RIGHT TO SANITATION;
(Z) ABSENCE OF DISSEMINATION STRATEGY AND PUBLIC CONSULTATIONS;
(AA) SOUTH AFRICA;
(BB) SOUTH AFRICAN JUDICIARY ON THE RIGHT TO SANITATION;
(CC) Grootboom v. Government of Republic of South Africa, Case No CCT 38/00, court order made on 21 September 2000;
(DD) THE POSITIVES OF THE SOUTH AFRICAN EXPERIENCE IN SANITATION;
(EE) CRITICISMS;
CHAPTER 7: SUGGESTIONS AND CONCLUSIONS ;
BIBLIOGRAPHY .

Right to Sanitation - India Sanitation - India - Legal Regime Socio-Legal Dimensions of Sanitation