My Jodhpur 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 recognized as a fundamental right under the Indian Constitution, primarily derived from the right to life and personal liberty enshrined in Article 21.

The Supreme Court of India has interpreted the right to life to include the right to safe and adequate drinking water. This interpretation stems from a series of landmark judgments that have established water as an essential resource for sustaining life and health. Below are key points regarding the constitutional right to water:

• Article 21 of the Constitution: It states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court has held that the right to life includes the right to live with dignity, which encompasses access to clean drinking water.
• Judicial Precedents:
  • The case of Vishaka v. State of Rajasthan (1997) emphasized the need for gender equality, but also highlighted the importance of safe living conditions, which include access to water.
  • In Subhash Kumar v. State of Bihar (1991), the Supreme Court ruled that the right to life includes the right to a wholesome environment, which implicates access to water resources.
• Directive Principles of State Policy: Article 47 of the Constitution directs the State to raise the level of nutrition and the standard of living and to improve public health, which includes ensuring access to clean drinking water.
• Legal Framework: The National Water Policy (2002) and various state water policies reinforce the obligation of the State to supply adequate water for drinking and sanitation purposes.
• Public Interest Litigation (PIL): Citizens can file PILs in the High Court or Supreme Court to seek enforcement of their right to water, compelling authorities to provide necessary infrastructure and resources.
• Local Governance: Under the 73rd and 74th Amendments to the Constitution, local self-governments (Panchayati Raj Institutions and Municipalities) are responsible for providing basic services, including water supply.

In the context of your locality in Jodhpur, it would be advisable to approach local authorities or consider filing a PIL if the situation persists. Citizens have a constitutional backing to demand their right to essential resources like water.