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

Detailed Legal Analysis

Yes, the right to water is recognized as a fundamental right under the Constitution of India, primarily derived from the right to life and personal liberty as enshrined in Article 21.

The Supreme Court of India has consistently held that access to clean drinking water is essential for the preservation of human life. In the landmark case of Subhash Kumar v. State of Bihar (1991), the Court stated that the right to live is a fundamental right under Article 21, and it includes the right to water, which is necessary for survival.

Key points regarding the right to water in India include:

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty. The Supreme Court interprets this to include the right to clean drinking water.
• Judicial Precedents: Various judgments have reinforced the right to water, such as:
  • Olga Tellis v. Bombay Municipal Corporation (1985) - Explored the right to livelihood which indirectly emphasizes the need for basic amenities like water.
  • MC Mehta v. Union of India (1996) - Established that the right to a clean environment is part of Article 21, further linking it to the right to water.
• Legislative Framework: The National Water Policy (2012) advocates for ensuring water security for all citizens and recognizes water as a basic human need.
• State Responsibilities: The State has an obligation to provide safe and adequate water supply under Article 47, which mandates the State to improve public health and hygiene.

If your locality in Asansol has been without piped water for an extended period, you can take the following steps:

• File a Complaint: Approach the local municipal authority or the Public Health Engineering Department to lodge a formal complaint regarding the water scarcity.
• Public Interest Litigation (PIL): If the situation does not improve, consider filing a PIL in the High Court to seek enforcement of the right to water.
• Engage with NGOs: Reach out to non-governmental organizations focused on water rights and public health to garner support and raise awareness.

In summary, the right to water is a fundamental right recognized by the Supreme Court of India, and you can take various steps to address the lack of piped water in your locality.