My Hyderabad 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 Constitution of India, derived from the right to life and personal liberty guaranteed by Article 21.

The Supreme Court of India has recognized the right to access clean drinking water as an essential component of the right to life. This interpretation has been reflected in various judgments, highlighting the government's obligation to provide adequate water supply to its citizens. Here are key points regarding the right to water:

• Constitutional Basis: Article 21 of the Indian 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 a healthy environment and, consequently, access to clean drinking water.
• Judicial Precedents: In the case of Subhash Kumar v. State of Bihar (1991), the Supreme Court held that every person has a right to live in a pollution-free environment, which extends to the right to access safe drinking water. Also, in Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the Court emphasized the state's duty to provide adequate medical facilities, linking it to the right to life.
• Legislative Framework: The National Water Policy, 2012, and the Water (Prevention and Control of Pollution) Act, 1974, underline the importance of water as a vital resource and establish the government’s responsibility to ensure its availability and quality.
• State Obligations: The state governments are mandated to fulfill their duty of providing safe drinking water under the framework of the Right to Water and other related directives. Failure to provide adequate water supply can lead to legal challenges and demands for accountability from the government.

If you are facing issues with the absence of piped water in your locality, consider the following actions:

• File a Complaint: Approach local municipal authorities or the water supply department to file a formal complaint regarding the lack of piped water.
• Public Interest Litigation (PIL): If the issue persists, residents can collectively approach the High Court by filing a PIL, highlighting the violation of the right to water as a fundamental right.
• Engage with Local NGOs: Collaborate with non-governmental organizations that focus on water rights and can provide legal assistance or advocacy.

In conclusion, the right to water is a constitutional right in India, and citizens have the legal means to demand its provision through various channels, including legal recourse.