My Coimbatore 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 as it is derived from the right to life and personal liberty guaranteed under Article 21.

The Supreme Court of India has recognized the right to safe and adequate water as an intrinsic part of the right to life. This was established in several landmark judgments, including:

• Navtej Singh Johar v. Union of India (2018): The Supreme Court emphasized that the right to life includes the right to a dignified existence, which encompasses access to clean drinking water.
• Subhash Kumar v. State of Bihar (1991): The Court ruled that the right to life under Article 21 includes the right to live in a pollution-free environment, which includes access to potable water.

Furthermore, the Constitution of India provides certain directives aimed at ensuring access to water:

• Article 47: It imposes a duty on the State to improve public health and to prohibit the consumption of intoxicating drinks and drugs which are injurious to health. This can be interpreted to include ensuring access to basic needs such as water.
• Directive Principles of State Policy (Part IV): Articles 39(b) and 41 emphasize the right to an adequate means of livelihood and the right to work, education, and public assistance in certain cases, which can indirectly relate to access to water.

In addition to constitutional provisions, various statutory frameworks exist to support the right to water, including:

• The Water (Prevention and Control of Pollution) Act, 1974: This act aims to prevent and control water pollution and maintain or restore the wholesomeness of water.
• The National Water Policy, 2012: It emphasizes the need for equitable and sustainable management of water resources for all users.

In the context of Coimbatore, the local government and municipal authorities are responsible for ensuring the supply of piped water to residents. If your locality has been facing a prolonged water shortage, you may consider the following steps:

• Contact your local municipal authority to report the issue.
• Engage with local NGOs or community groups advocating for water rights.
• File a public interest litigation (PIL) in the High Court if the issue persists, citing the constitutional rights to water.

In conclusion, the right to water is constitutionally protected in India, and citizens have avenues to seek redressal for the lack of this essential resource.