Bombay High Court holds public hygiene in Mumbai a collective duty of citizens, invoking Article 51A(j)

9 October 2026

A division bench of Justice G. S. Kulkarni and Justice Dr Neela Gokhale of the Bombay High Court has held that keeping Mumbai clean is a collective duty of its citizens and not solely the municipal corporation's responsibility.
The bench described citizens as equal stakeholders in a clean and hygienic city.
The proceedings arise in Kannamwar Co-Op. Hsg. Soc. Association Ltd. and others versus Union of India and others, a petition that began over a dumping ground facility and has been widened to cover health and hygiene across the city.
The Court linked city cleanliness to the fundamental duty in Article 51A(j) of the Constitution and to constitutional goals on public health and environmental protection.
It said improper waste disposal harms community health and creates breeding grounds for mosquitoes and rodents that can spread dengue, malaria, leptospirosis and cholera.
The Court took on record the corporation's affidavit on enforcement of the Solid Waste Management Bye-Laws, 2025, ward-wise fines, CCTV monitoring and the MyBMC Marg app.
It directed ward officers to attend immediately to instances of clogged drainage, saying the photographed drain was only the tip of the iceberg.
It also directed the Maharashtra Pollution Control Board to confirm whether PM10 levels were within the safe permissible limit.