Delhi High Court Rules Open Garbage Bin and Public Urinal in Residential Area Violate Article 21 Right to Life

New Delhi, Feb 22, 2026: In an interesting ruling, the Delhi High Court has upheld the constitutional right to live with dignity under Article 21 of the Indian Constitution.

The ruling, authored by Justice Amit Bansal of the Delhi Hight Court, maintained that the existence of an  open garbage bin and a public urinal adjacent to a residential house amounts to a public nuisance and violates theopen garbage bin and a public urinal adjacent to a residential house amounts to a public nuisance and violates the said right. He was listening to the case of a petitioned residing in Sita Ram Bazar of Delhi, where the presence of a open municipal dustbin and a public urinal was causing stench in the area and had become a nuisance to the residents of the area.

UT Note: There are many residential areas in Udaipur, that are facing similar issues, despite there being a regular home to home garbage collection facility. Even where there is no garbage collection unit, a few unscruplous people are dumping their garbage in residential areas, causing a health hazard. In some areas the garbage collection is irregular.

The Court observed that a hygienic environment is an integral component of the right to life and dignity, relying on precedents of similar nature. It held that the open dustbin and urinal located in a residential area of Lal Darwaza Bazar, Sita Ram Bazar, Delhi caused stench and constituted a nuisance to residents, and accordingly directed the Municipal Corporation of Delhi (MCD) to:

• Demolish and remove the unauthorized open garbage bin and public urinal within four weeks.
• Provide proper covered waste collection bins for dry and wet waste at a location away from the petitioner’s property.

The Court emphasized that in residential areas, waste should preferably be collected through door-to-door mechanisms rather than maintaining open garbage dumping structures.

Overall, the judgment reinforces the constitutional recognition of environmental hygiene as part of the right to life and dignity under Article 21.