Bihar answers protesters' call, scraps toilet must for election policy

Provision barring people without toilets at home from contesting election was passed in August last year

Faced with protests over mandatory toilet clause for panchayat and local body elections, the Nitish Kumar-led state government has decided to remove the provision altogether.

The provision, which barred people without toilets from contesting election, was passed by the state assembly in August last year with a sole purpose to promote hygiene and cleanliness.

The state cabinet on Tuesday removed the provision from the Bihar Panchayati Raj Act, 2006. This now enables people without having a toilet at home to contest the local body election, scheduled for the April and May in the current year.

More than 2.58 lakh people are to be elected during the process, which is expected to run for almost a month.

"Using its executive powers, the state government has decided to remove the aforementioned provision from the act. Now everyone will be free to contest these elections," said Brajesh Mehrotra, Principal Secretary of the Cabinet Secretariat Department.

Officials argue that the earlier provision was not fair to poor and less fortunate people as they will be deprived of their constitutional right. "It was envisioned keeping in view of promoting sanitation and hygiene. However, it would have been discriminatory for weaker section of the society, who doesn't have means or knowledge for constructing latrines. Therefore, we decided to abolish the rule," said one senior official.

However, the real reason is said to be the wide-spread protest against the provision. Cutting across the party lines, most of the hopefuls were not happy with the provision and wanted it to be gone.

Recently they took out a protest-march against the provision. It was also making the ruling collation's stand untenable against the various state governments' decree to bar uneducated or less educated people from the Panchayat elections. RJD Chief Lalu Prasad and the Chief Minister have repeatedly criticised such state governments.

However, the state government's plans to promote sanitation and discouraging open air defecation will take a hit by this decision. According to the central government's data more than 78% households (more than 1.68 crore households) in the state don't have a toilet and relieve themselves in open fields.