My Ghaziabad locality has had no piped water for months. Is the right to water a constitutional right?

Detailed Legal Analysis

Yes, the right to water is considered a constitutional right in India, derived from the right to life under Article 21 of the Indian Constitution.

The Supreme Court of India has recognized the right to water as an essential component of the right to life, ensuring that every individual has access to clean drinking water. This interpretation stems from several landmark judgments, emphasizing that the state has a duty to provide essential services, including water supply, to its citizens. Key points regarding the right to water include:

• 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 a clean and adequate supply of water.
• Judicial Precedents: The Supreme Court in Subhash Kumar v. State of Bihar (1991) emphasized that the right to water is part of the right to life. Similarly, in Olga Tellis v. Bombay Municipal Corporation (1985), the court reiterated that the right to livelihood, which includes access to basic necessities such as water, must be protected.
• Government Obligations: The state is obligated to ensure the provision of water as part of its duty to uphold the welfare of its citizens. This includes implementing policies and creating infrastructure for reliable water supply.
• National Policies: The Government of India has various policies and initiatives aimed at improving water supply and sanitation, such as the National Water Policy, 2012, which emphasizes sustainable management and equitable distribution of water resources.
• Right to Information: Citizens can seek information regarding water supply and associated governmental measures through the Right to Information Act, 2005, ensuring transparency and accountability in water management.

If residents in Ghaziabad are facing issues with water supply, they can:

• File a complaint with the local municipal authority regarding the lack of piped water supply.
• Reach out to local representatives or elected officials to address the issue at a political level.
• Engage with NGOs or civil society organizations advocating for the right to water.
• Consider legal recourse by filing a Public Interest Litigation (PIL) in High Court if the situation does not improve.

In conclusion, access to water is a fundamental right under the Constitution of India, and citizens have avenues to seek redress and ensure that their rights are upheld.