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

Detailed Legal Analysis

The right to water is considered a fundamental right under the Indian Constitution, derived from the right to life and personal liberty. This was established by the Supreme Court in various landmark judgments, affirming that access to clean drinking water is essential for the enjoyment of life as guaranteed under Article 21 of the Constitution.

Key points regarding the right to water in India include:

• Judicial Interpretations: The Supreme Court in the case of Subhash Kumar v. State of Bihar (1991) emphasized that the right to life under Article 21 includes the right to clean drinking water. The court stated that it is the duty of the State to provide this essential resource.
• Article 21: This article states, "No person shall be deprived of his life or personal liberty except according to procedure established by law." The judiciary has interpreted "life" to include the right to water, thereby making it a constitutional obligation for the State.
• State Obligations: The Constitution under Article 47 imposes a directive principle of State policy, which mandates the State to improve public health and to prohibit the consumption of intoxicating drinks and drugs that are injurious to health. Access to clean water is an integral part of public health.
• Right to Water and Environmental Law: The National Green Tribunal (NGT) has also recognized the right to clean water as part of the right to a healthy environment, reinforcing the need for the State to ensure adequate and safe water supply.
• Implementation Issues: Despite these rights, many localities, including parts of Agra, face challenges in accessing piped water due to infrastructural issues, poor governance, and insufficient investment in water supply systems.

In light of these legal provisions, residents of Agra facing a lack of piped water have the right to approach the concerned authorities to demand their fundamental right to water. This could involve:

• Filing a complaint with local government bodies.
• Engaging with NGOs that focus on water rights.
• Considering public interest litigation (PIL) in the High Court for enforcement of this right if necessary.

In conclusion, the right to water is indeed a constitutional right in India, and citizens have legal avenues to ensure its enforcement in their locality.