My Erode 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, specifically derived from the right to life enshrined in Article 21.

In India, the Supreme Court has interpreted the right to life to include the right to a clean and adequate supply of water. The landmark judgment in the case of Vishaka v. State of Rajasthan (1997) established that the right to life encompasses the right to live with dignity, which includes essential resources such as water.

Key points regarding the right to water in India include:

• Constitutional Basis: Article 21 of the Constitution states, "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court has interpreted this to include the right to water.
• Judicial Pronouncements: Various judgments, including Subhash Kumar v. State of Bihar (1991), have reinforced that the right to water is essential to the right to life. The court held that every person has a right to clean drinking water and that the state is obliged to provide it.
• State Obligations: Under the Directive Principles of State Policy (Article 47), the state is mandated to raise the level of nutrition and the standard of living and to improve public health. This includes ensuring access to water.
• Legislative Framework: The National Water Policy, 2012, emphasizes the need for equitable distribution of water, recognizing water as a critical resource for sustenance and development.
• Local Government Responsibility: The 73rd and 74th Amendments to the Constitution empower local self-governments to manage water supply, thus making them accountable to citizens for providing essential services, including water supply.

If your locality in Erode is experiencing a prolonged lack of piped water supply, residents can take the following steps:

• File a Grievance: Lodge a formal complaint with the local municipal authority or the district collector regarding the water scarcity.
• Public Interest Litigation (PIL): Consider filing a PIL in the High Court if the issue persists, as it can compel the state to fulfill its obligation to provide water.
• Awareness and Advocacy: Engage with local NGOs or community organizations to raise awareness about water rights and advocate for immediate remedial action.

In conclusion, the right to water is recognized as a constitutional right in India, and citizens are entitled to hold the government accountable for providing this essential resource.