My Bhilai 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 constitutional right in India, emanating from the right to life under Article 21 of the Constitution of India.

In the landmark case of Gaurav Jain vs. Union of India, AIR 1997 SC 3021, the Supreme Court of India affirmed that the right to life includes the right to live with dignity, which encompasses access to clean water. The court stated that water is essential for survival and living a life with dignity. Here are some key points regarding the constitutional right to water:

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty. The Supreme Court has interpreted this to include the right to clean and safe drinking water as essential for a dignified life.
• Judicial Precedents: Various judgments reinforce this right, including the case of Subhash Kumar vs. State of Bihar, AIR 1991 SC 420, where the court held that the right to life includes the right to pollution-free water and air.
• International Obligations: India is a signatory to various international covenants, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR), which underscores the right to water as a fundamental human right.
• Legislative Framework: The National Water Policy, 2012, emphasizes the need for equitable access to water resources and recognizes water as a public good, which aligns with the constitutional mandate.
• Right to Information Act, 2005: Citizens can seek information regarding the availability and quality of water supply in their locality under this Act, which can be a means to address grievances related to water supply.

If your locality in Bhilai has been facing a shortage of piped water, you can take the following steps to address the issue:

• File a Complaint: Approach the local municipal authority or water supply department to lodge a formal complaint regarding the lack of water supply.
• Public Interest Litigation: If the issue persists, consider filing a Public Interest Litigation (PIL) in the High Court to seek judicial intervention for the enforcement of your right to water.
• Engage with Local NGOs: Collaborate with local non-governmental organizations that focus on water rights and public health to raise awareness and drive change.

In summary, the right to water is a fundamental right in India, and residents of Bhilai can take various steps to ensure their access to this essential resource is upheld.