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

Detailed Legal Analysis

The right to water is indeed recognized as a fundamental right under the Indian Constitution, stemming from the right to life and personal liberty guaranteed by Article 21.

In the landmark case of Subhash Kumar v. State of Bihar (1991), the Supreme Court of India held that the right to life includes the right to water, emphasizing that access to clean drinking water is essential for the enjoyment of life. This interpretation aligns with various constitutional provisions and international principles.

Key points regarding the right to water in India include:

• Article 21 of the Constitution: Guarantees the right to life and personal liberty, which has been interpreted to include the right to clean drinking water.
• Directive Principles of State Policy: Article 47 mandates the state to raise the level of nutrition and standard of living and to improve public health, which indirectly supports the right to water.
• Judicial Activism: The judiciary has played a crucial role in interpreting the right to water as a fundamental right, as seen in various judgments beyond Subhash Kumar, such as MC Mehta v. Union of India, which further reinforced the need for clean water as essential for life.

Moreover, under the Environment Protection Act, 1986, the government is tasked with ensuring the protection of the environment, which includes water resources. The National Water Policy, 2012, also emphasizes the need for equitable distribution of water resources to fulfill the basic needs of all citizens.

In light of your situation in Gwalior, citizens can take the following steps to address the lack of piped water:

• File a Public Interest Litigation (PIL): If the issue affects a large number of people, a PIL can be filed in the High Court to seek judicial intervention.
• Raise Awareness: Mobilize local communities to raise awareness about the water crisis and its implications on health and livelihood.
• Approach Local Authorities: Submit complaints to local municipal bodies or water supply departments demanding immediate action.
• Engage NGOs: Collaborate with non-governmental organizations that focus on water rights and public health to amplify your concerns.

In conclusion, the right to water is firmly established within the constitutional framework of India, and citizens have legal avenues to seek redress for violations of this right.