- (1.) On 13th January, 2012 this Court interalia passed the following order: Right to free and compulsory education of children of the age group of six to fourteen years is part of fundamental rights guaranteed under Article 21A of the Constitution. This right cannot be enjoyed by children unless basic infrastructure is provided by the State. While keeping this in view, we in our order dated 18.10.2011 directed all the States and Union Territories to ensure that basic toilet facilities are made available in all the schools on or before. 30th November. 2011. The experience and empirical survey have revealed that the parents are reluctant to send their children, particularly girls, to schools where basic toilet facilities are not available. The direct consequence is breach of children's fundamental rights guaranteed under Article 21A of the Constitution. We also made it clear in our ' order that if it is not possible to provide permanent toilets, then at least temporary toilets be provided in the schools on or before 30th November, 2011 and permanent toilets be made available by 31st December, 2011. The Chief Secretaries of various States were directed to ensure that separate permanent toilets for boys and girls are constructed in all the schools in their respective States on or before 31st March, 2012 and in case it was not possible to construct permanent toilets, then at least temporary toilet facilities were directed to be made available on or before 28th February, 2012 and it was directed that an affidavit to that effect shall be filed by the Chief Secretaries on or before 28th February, 2012.
(2.) In pursuance of the aforesaid directions of this Court, affidavits have been filed by the States of Uttar Pradesh, Assam, Meghalaya, Mizoram, Chhattisgarh, Punjab, Nagaland, West Bengal, Andhra Pradesh, Maharashtra, Uttarakhand, Odhisha, Karnataka, Jharkhand, Himachal Pradesh, Goa, Municipal Corporation of Delhi and the Union Territory of Lakshadweep. These States/Union Territories in their respective affidavits have indicated that they have either constructed the toilets for boys and girls or they would complete it before the stipulated date that is before 31st March, 2012.
(3.) According to the Office Report dated 3rd day of March, 2012, following States have not filed their affidavits: 1. Tripura 2. Tamil Nadu 3. Sikkim 4. Gujarat 5. Bihar 6. Rajasthan 7. Jammu & Kashmir 8. Madhya Pradesh 9. Kerala;