Kochi: The Kerala High Court on August 13 directed that all washrooms at petroleum retail outlets located along National Highways in the state must remain open to the public 24/7, modifying an earlier interim order.

The ruling came during the hearing of a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petroleum dealers. They had challenged efforts by the State Government and local self-government bodies to classify fuel station toilets as public facilities.

Justice C S Dias, while passing the modified order, stated that washrooms at fuel stations must remain accessible round the clock to anyone, including customers and transit travellers. The court emphasised that any member of the public seeking to use the facility must be granted access, subject only to genuine safety-related concerns. Fuel station operators and oil marketing companies may restrict access solely on the grounds of security or safety.

Earlier in June, the court had directed the State Government and local bodies not to compel petitioners' outlets to be used by the public.

The judgment was passed by Justice CS Dias in response to a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petroleum retailers. The petition challenged attempts by local self-government institutions to designate washrooms in privately owned fuel retail outlets as public toilets under the ambit of the Swachh Bharat Mission.

Display boards must indicate washroom access

The court mandated that display boards be installed at these outlets to clearly indicate that toilet facilities are available for public use at all hours.

In its earlier interim order, the court had taken note of complaints that many private fuel outlets were not allowing general public access to their washrooms.

The order also referenced guidelines issued by the Ministry of Road Transport and Highways (MoRTH) on 26 December 2020, which require all fuel stations, rest areas, and similar facilities along National Highways to provide access to drinking water and toilet facilities round-the-clock, accompanied by appropriate signage.

How are the oil companies responding?

Indian Oil Corporation (IOC), in its counter affidavit, clarified that while its marketing guidelines do permit access to toilet facilities for customers and transit travellers at all times (subject to safety protocols), these should not be unilaterally designated as "public toilets" by municipal authorities. IOC argued that unrestricted public access remains at the discretion of the retail outlet manager or dealer.

The High Court also directed municipalities not to install signage labelling these toilets as “public toilets” at the entrances of retail outlets.

Meanwhile, the Deputy Solicitor General, appearing for the Ministry of Petroleum and Natural Gas, requested additional time to respond to IOC’s affidavit. Legal representatives for Bharat Petroleum Corporation Ltd. (BPCL) and Hindustan Petroleum Corporation Ltd. (HPCL) also sought time to submit their respective responses.