My Agartala locality has had no piped water for months. Is the right to water a constitutional right?

Detailed Legal Analysis

The right to water is recognized as a fundamental right under the Constitution of India, stemming from the right to life enshrined in Article 21.

In the landmark case of Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life under Article 21 includes the right to clean drinking water and sanitation. This case established a precedent that access to water is essential for a dignified life.

Moreover, the Supreme Court has reinforced this interpretation in various judgments, affirming that the state has an obligation to ensure that its citizens have access to basic necessities, including water. Here are some key points regarding the legal framework surrounding the right to water:

• Article 21 of the Constitution: Provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The courts have interpreted this to include the right to water.
• Article 47: Mandates the state to raise the level of nutrition and the standard of living of its people and to improve public health. This indirectly supports the right to water.
• Directive Principles of State Policy: Under Part IV of the Constitution, these principles guide the state in ensuring water supply and sanitation as part of its mandate to promote the welfare of the people.
• Judicial Pronouncements: Various judgments, such as MC Mehta v. Union of India (1987), have emphasized the importance of environmental protection, which includes the right to safe and adequate water.
• National Water Policy: Formulated by the Government of India, it aims to ensure that all citizens have access to adequate and safe water for drinking and other basic needs.

If your locality in Agartala has been facing a shortage of piped water, you may consider the following steps:

• File a Complaint: Approach local authorities or the municipal corporation to report the issue.
• Public Interest Litigation (PIL): If the issue persists, you can file a PIL in the High Court of Tripura, highlighting the violation of your fundamental right to water.
• Engage with NGOs: Collaborate with non-governmental organizations that focus on water rights and public health.

It is essential for citizens to advocate for their rights and ensure that the state fulfills its constitutional obligations regarding access to water.