To
Hon’ble
Sh. Narendra Modi Ji
Prime
Minister of India
7, Race Course road, New Delhi-01
December 15, 2014
Sub:
Poor disabled SC couple fined by MCD for constructing toilet in their
slum-dwelling
Sir
We have come across a
shocking incident pertaining to our capital city wherein the dream of “Swachch
Bharat” is being mercilessly crushed at the hands of the Government
itself. While toilets are sought to be
given primacy over temples in the national agenda, a poor disabled couple who
dares to construct a toilet in their slum-dwelling at their own expense are
compelled not only to pay financial penalty but even to demolish the same.
Mr. Ram Khilari (M:
8750257924), a disabled with one eye, lives with his wife, Mrs. Shanti, crippled
with both hands and a 15 year-old daughter at House no. 253, Ram Prasad Bismil
Camp, Shashi Garden, Delhi-91. The family belongs to a scheduled caste. The
locality is a slum-settlement and although there is a community toilet complex in
the locality, the same has been closed long time ago. Consequently, the residents
are compelled to either ease themselves in the open or walk to a distant toilet
facility. In view of the resultant inconvenience to the family including two
disabled persons and the safety and dignity of the female-members, the disabled
woman Mrs. Shanti herself took the initiative and raised a loan of Rs. 20,000 at
an interest-rate of 24% p.a. from a private firm to construct a toilet in her
house.
However, the same did not
find favor with the MCD. In the garb of the provisions of DMC Act, 1957, Mr.
Ram Khilari was fined for Rs.200 by Sh. V.K. Mittal, Special
Metropolitan/Municipal Magistrate on November 18, 2014, which is ironically
just about a month after the launching of ‘Swachh Bharat Abhiyan’ on October 2,
2014. Further, he has been asked to demolish the toilet or face further action.
Already reeling under the burden of loan raised for construction of the toilet,
the family is now doubly jeopardized.
The present case is
only illustrative. It highlights the plight of a population of over 35 lacs
living in over a thousand slums across Delhi, who have no access to clean and
safe toilet facility. The situation is very alarming. While the community
toilets are either non-existent or defunct, the unpragmatic legal norms,
besides financial incapacity, come in the people’s way of making their own
arrangements. Consequently, people are forced to defecate in the open. In Ram Khilari’s
locality itself, several other house-holds have been fined for constructing
their own toilet and put to notice to demolish the same.
A legalistic approach
to this issue without keeping the ground-realities in mind would lead us
nowhere in tackling the serious issue of sanitation. It is high time to dump the
archaic laws if they come in way of finding a solution and develop a
governmental approach of assisting rather than discouraging the poor people in
this realm. If at all some deficiencies are found in the toilets so
constructed, the government may assist them in improving the toilets rather
than to levy penalties and require them to demolish the same.
In this light, you are
earnestly requested to take appropriate steps to ensure that Ram Khilari’s
family and such other families are neither punished nor required to demolish
their toilet facilities and instead such families should be encouraged to
construct appropriate toilet facilities at their own residences. The fine
already charged should also be refunded to them.
Yours truly
Ashok
Agarwal, Advocate
Advisor,
Social Jurist
M:
9811101923
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