My Davangere 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, specifically derived from the right to life and personal liberty guaranteed by Article 21.

The Supreme Court of India has consistently upheld the view that access to clean drinking water is essential for the enjoyment of life and bodily integrity. The following points outline the legal framework and implications regarding the right to water:

• Constitutional Provisions:
  • Article 21 of the Constitution guarantees the right to life and personal liberty, which has been interpreted by the Supreme Court to include the right to access clean drinking water.
  • Article 47 mandates the State to improve public health and to prohibit the consumption of intoxicating drinks and drugs that are injurious to health, which indirectly supports the need for clean water supply.
• Judicial Pronouncements:
  • In the landmark case of Olga Tellis vs. Bombay Municipal Corporation (1985), the Supreme Court ruled that the right to life includes the right to live with human dignity, which encompasses access to water.
  • In Subhash Kumar vs. State of Bihar (1991), the court held that the right to life includes the right to water, as it is essential for survival.
• Government Responsibilities:
  • Under the National Water Policy, the government is responsible for ensuring the provision of water for all citizens, emphasizing the need for equitable distribution and efficient water management.
  • Local authorities are mandated under the Municipalities Act to provide water supply services to residents.
• Legal Recourse:
  • Individuals facing water supply issues can approach the local municipal authority or the district administration to file complaints regarding the lack of piped water.
  • If the local authorities fail to act, one can file a Public Interest Litigation (PIL) in High Court under Article 226 of the Constitution, seeking enforcement of the right to water.

In summary, the right to access clean drinking water is a recognized constitutional right in India, and there are legal mechanisms in place to address grievances arising from the denial of this essential service.