Public Toilet Access Order: Toilets of hotels, restaurants and petrol pumps open for the general public, strict legal action will be taken if refused.


Keeping in mind the basic amenities of pedestrians, women, children and senior citizens traveling on the roads, the government and the city administration have taken a historic and public-friendly step. Now common citizens will be able to use the facility of washroom/toilet and clean drinking water at any small or big hotel, restaurant, dhaba or petrol pump across the country without any restriction and without any charge. It was often observed that due to lack of public toilets on the roads, pedestrians, especially women and the elderly, had to face serious inconvenience. Many commercial establishments or hotels refused to allow people entry saying that they were not their customers. After new strict guidelines issued by the government, this excuse has now been declared completely illegal.

The legal roots of this order lie in India’s historical ‘The Sarais Act, 1867’ and the modern ‘Swachh Bharat Mission’ (urban and rural) guidelines. Under the Sarai Act, it is a mandatory statutory condition for any hotel, inn or dharamshala to allow any traveler free access to clean drinking water and toilet.

The Ministry of Urban Development and the Urban Development Departments of various State Governments have issued orders for strict implementation of this provision afresh to promote cleanliness and civil rights. According to the municipal corporations, all business establishments will have to publicly share their infrastructure facilities in public interest to ensure cleanliness, freedom from open defecation (ODF++) and dignified life in the city.

Under the ‘Marketing Discipline Guidelines’ (MDG) of the Ministry of Petroleum and Natural Gas, it is mandatory to provide the following facilities to the common citizens completely free of cost at all the authorized petrol pumps in the country (IOCL, BPCL, HPCL, Reliance etc.):

  • Clean and hygienic toilets: It is mandatory to have separate, well-organized and clean washrooms for both men and women.

  • Availability of drinking water: There should be continuous provision of RO or clean drinking water.

  • Emergency Call and First Aid: Emergency first aid kit and phone call facility.

  • free air: Free facility to fill air in vehicle tyres.

If a petrol pump operator keeps the toilet locked or puts up a false ‘out of service’ board and prevents the general public from using it, it is considered a direct violation of the dealership agreement.

The recent order of the government has made the situation crystal clear. No person is required to purchase any food or beverage in any 5-star, 3-star, budget hotel, café or restaurant just to use the toilet or drink water.

If you are passing through any market, highway or main road and you have to go for natural action, you can directly go to any nearby establishment. No bouncer, security guard or hotel staff can stop you at the gate saying that this facility is reserved only for ‘Dining Customers’. Doing so is not only a violation of administrative orders but also a flagrant violation of consumer rights and human dignity.

The new administrative order gives a clear warning that strict punitive action will be taken against any hotel, restaurant or petrol pump that prevents the general public from using washrooms:

  • Suspension of trade and health licenses: The Municipal Corporation or local body can suspend the Trade License and Food Safety (FSSAI) license of the concerned hotel or restaurant.

  • Financial penalty: If a complaint is received for the first time, a heavy fine ranging from Rs 10,000 to Rs 25,000 can be imposed on the establishment. In case of repeated violations, the shop or outlet may be sealed.

  • Action on petrol pump dealership: If the petrol pump does not provide the facility, the oil marketing companies can temporarily stop the pump supply and the penalty amount can be deducted directly from the dealer’s commission.

If a citizen is refused to use toilet or is mistreated at a hotel, restaurant or petrol pump, they can immediately lodge their complaint through:

  • Swachhata App: An immediate complaint can be lodged on the ‘Swachhta App’ of the Union Housing and Urban Affairs Ministry with the location and photo of the establishment, on which the Municipal Corporation team has to take cognizance within 24 hours.

  • Local Municipal Corporation Helpline: Call the control room number of the Municipal Corporation, Municipality or District Administration of your city and lodge a complaint directly with the name and address of the establishment.

  • Petrol Pump Grievance Redressal Portal: Complaints can be made directly on the toll-free number of the oil company written on the receipt or board of the petrol pump (eg IOCL: 1800 2333 555, BPCL: 1800 22 4344) or directly online on the ‘CPGRAMS’ portal of the Petroleum Ministry.

This order of the government has provided a great mental and physical relief to the common people, especially working women, pregnant mothers, children and passengers traveling on long journeys in cities and on highways.