My Bhubaneswar 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, derived from the right to life and personal liberty as enshrined in Article 21.

In various landmark judgments, the Supreme Court of India has emphasized that the right to life includes the right to a clean and adequate water supply. Here are some key points related to this constitutional right:

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty. The Supreme Court has interpreted this right to include the right to water, stating that access to safe drinking water is essential for living with dignity.
• Judicial Precedents:
  • In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to life is not merely a physical existence but encompasses the right to live with human dignity, which includes access to basic necessities like water.
  • In Subhash Kumar v. State of Bihar (1991), the Court ruled that the right to water is a fundamental right under Article 21, emphasizing that the state is obligated to provide clean drinking water to its citizens.
• Government Obligations:
  • The state has a duty to ensure the availability of potable water to all citizens, as highlighted in the ruling of Rural Litigation and Entitlement Kendra v. State of U.P. (1985), where the Court recognized the state’s responsibility in providing basic amenities.
  • Failure to provide adequate water supply can be challenged in court under the Public Interest Litigation (PIL) framework, where citizens can seek enforcement of their right to water.
• Relevant Legislation:
  • The Water (Prevention and Control of Pollution) Act, 1974 aims to prevent and control water pollution, ensuring the availability of clean water.
  • The National Water Policy, 2012 emphasizes the need for equitable access to water resources for all citizens.

In conclusion, the lack of piped water in your locality can be addressed as a violation of your constitutional right to water, and you may consider taking legal action or approaching relevant authorities to ensure compliance with your rights.