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

Detailed Legal Analysis

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

Here are the key points regarding the constitutional recognition of the right to water:

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this right to include the right to a clean and adequate supply of water.
• Judicial Precedents: The landmark case of Olga Tellis v. Bombay Municipal Corporation (1985) emphasized that the right to life includes the right to live with dignity, which encompasses access to basic amenities like water.
• Public Interest Litigations (PILs): Citizens can file PILs in the High Court or the Supreme Court if they are deprived of their right to water. The courts have often intervened to ensure that water supply is maintained in areas lacking access.
• Directive Principles of State Policy: Article 47 imposes a duty on the State to raise the level of nutrition and the standard of living and to improve public health. This includes ensuring access to safe and sufficient drinking water.
• National Water Policy: Formulated in 2012, it aims to achieve sustainable water management and ensure the availability of water to all citizens. It emphasizes the need for equitable distribution and access to water resources.
• Right to Information Act, 2005: Citizens can seek information about water supply projects and initiatives from public authorities, thereby holding them accountable for the provision of water services.

In case your locality in Aurangabad continues to face a shortage of piped water, you can take the following steps:

• Raise Awareness: Inform local government representatives about the situation. Engage with community organizations to raise awareness about the issue.
• File a Complaint: Approach local authorities or the municipal corporation to file a formal complaint regarding the lack of water supply.
• Seek Legal Recourse: If no action is taken, consider filing a PIL in the High Court to seek enforcement of your right to water.
• Engage with NGOs: Collaborate with non-governmental organizations working in the field of water rights to gain support and resources.

Access to safe drinking water is essential for the health and well-being of individuals, and it is the responsibility of the government to ensure that this right is upheld.