Free Access to Drinking Water and Washroom Facilities in India – A Legal and Constitutional Perspective

India's legal framework has undergone significant evolution since independence, yet some colonial-era laws continue to serve a meaningful purpose even today. One such law is the Indian Sarais Act of 1867, a piece of legislation often overlooked but still legally binding—protecting one of our most basic human needs: free access to drinking water and sanitation facilities. In a time where access to clean water and hygiene is central to public health and dignity, this law remains surprisingly relevant, especially for travellers and passersby across India.

Under this Act, any person—regardless of whether they are a paying guest—has the legal right to request free drinking water and use of washroom facilities in any registered hotel or lodge. This provision applies to any traveller or passerby, and remarkably, even extends to animals—with pets also legally entitled to drinking water

Understanding the Term ‘Sarai’

According to the Act, a Sarai refers to any building or part of a building used to shelter or accommodate travellers. Even if only a portion of a property serves this function, that part is still classified as a Sarai under the law. If an establishment is registered as such, it is legally obligated to provide basic amenities like free access to toilets and clean water, regardless of a person's customer status.

Limitations and Regional Variations

It is crucial to note that this legal right only applies to registered hotels and lodges under the Sarais Act. That said, some states and regions—such as Delhi, Bihar, Goa and Karnataka—have enacted local regulations mandating similar access in public dining spaces, effectively expanding the spirit of the Sarais Act, extending the scope to all restaurants and eateries.

Since state authorities have the power to interpret and implement this, its enforcement and scope can differ depending on local governance. Mumbai restaurants and eateries are legally required, under municipal regulations—to provide free washroom access to the public and free regular drinking water to consumers.

The Brihanmumbai Municipal Corporation (BMC) further mandates that these establishments maintain clean, disinfected toilets and use a metered water supply. Additionally, while businesses are allowed to sell bottled water, they cannot compel a consumer to purchase it, as offering free drinking water is both a legal and ethical obligation.

A Constitutional Backing: Supreme Court Ruling of 2025

The Supreme Court of India in 2025 ruled that access to clean drinking water and washroom facilities is a basic human right, integral to Article 21 of the Indian Constitution – the Right to Life. This ruling elevated the issue beyond mere legal compliance, framing it as a matter of human dignity and public health.

How to Exercise Your Rights?

1.      Ask for Access:

If you are a traveller or passerby or a consumer, in need of a restroom or water, you can walk into any hotel or restaurant and ask for free access

2.      Refer to the Law:

If your request is denied, you can mention that it is your legal right to use the facilities under the Indian Sarais Act and Article 21 of the Indian Constitution

3. Contact Local Authorities:

If denial persists, you can inform the local authorities or the municipality responsible for enforcing the law. Local authorities can take action, such as cancelling health and trade licenses, if establishments in their jurisdiction fail to comply with these rules. 

4.      No Forced Purchase:

In India, forcing customers to buy bottled mineral water instead of providing free tap water is considered an unfair trade practice and is illegal, according to the National Consumer Disputes Redressal Commission (NCDRC).

5.      File a Complaint: 

If you wish to escalate the matter as repeated requests are denied, you can file a complaint with local authorities or through the consumer redressal forums for violations of these rights. 

In a country where access to basic amenities remains a challenge for many, it is important to remember that denying a person access to drinking water or clean washroom facilities in hotels, restaurants, or lodges violates fundamental rights. While there is an ongoing debate regarding the enforcement of the Sarais Act and various rulings related to it, the Supreme Court has clearly recognized access to such basic facilities as a fundamental human right. In light of modern public health imperatives and constitutional protections, knowing and asserting this right is not merely a choice, but a civic responsibility.