My Itanagar 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 human right in India, which is intrinsically linked to the right to life and personal liberty under Article 21 of the Constitution of India.

While the Constitution does not explicitly mention the right to water, the Supreme Court of India has interpreted the right to life to include the right to water. This interpretation has been affirmed in several landmark judgments, establishing that access to safe and sufficient water is essential for the enjoyment of life.

• Supreme Court Judgments:
  • In the case of Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life includes the right to water and air, which are essential for survival.
  • In Olga Tellis v. Bombay Municipal Corporation (1985), the Court reiterated that the right to life encompasses the right to live with human dignity, which includes access to basic needs such as water.
• Constitutional Provisions:
  • Article 21: Guarantees the right to life and personal liberty. The interpretation by the Supreme Court extends this right to encompass access to water.
  • Directive Principles of State Policy (Part IV): Articles 39(b) and 47 encourage the State to ensure that its citizens have access to adequate means of livelihood and to raise the level of nutrition and the standard of living, which implies access to basic resources like water.
• Relevant Laws:
  • The Right to Water and Sanitation Bill (Proposed): This bill aims to provide a legal framework for ensuring the right to water and sanitation for all citizens.
  • Environmental Protection Act, 1986: This Act mandates the protection and improvement of the environment, including water quality, which indirectly supports the right to access clean water.

In light of these legal frameworks, residents of Itanagar have a constitutional basis to seek access to piped water, as the absence of this basic necessity may be construed as a violation of their right to life under Article 21. Individuals can approach the local authorities or file a Public Interest Litigation (PIL) in the High Court to address the issue of water scarcity in their locality.