My Manali 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 constitutional right in India, derived from the fundamental right to life and personal liberty under Article 21 of the Constitution of India.

The Supreme Court of India has interpreted the right to life to include the right to a clean and adequate supply of water. This interpretation establishes that access to water is essential for the enjoyment of life and dignity. Key points related to this right include:

• Judicial Precedents: In the landmark case of Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that the right to livelihood is a part of the right to life under Article 21. This case laid the groundwork for including essential resources such as water under the same umbrella.
• Right to Water as a Fundamental Right: The Supreme Court further elaborated on this in Vishaka v. State of Rajasthan (1997), where it emphasized that the right to water is implicit in the right to life, thus extending the fundamental rights framework to encompass essential public services.
• Directive Principles of State Policy: Article 39(b) and Article 47 of the Constitution mandate the State to ensure that the citizens have adequate means of livelihood and to raise the level of nutrition and the standard of living, which includes access to clean drinking water.
• National Water Policy: The National Water Policy, 2012, further supports the right to water by emphasizing the need for ensuring water security for all, promoting integrated water resource management, and recognizing water as a basic human right.

In the context of Manali or any locality facing water scarcity, citizens have the right to seek redress. They can approach the local authorities or file a Public Interest Litigation (PIL) in the High Court to enforce their right to water. The following steps can be considered:

• Document the lack of water supply and its impact on daily life.
• Approach the local municipal body or water supply authority to raise the issue.
• If no action is taken, consider filing a PIL in the High Court, citing the fundamental right to water and relevant case law.

In summary, the right to water is not only recognized as a constitutional right in India but is also supported by various judicial interpretations and policies, making it essential for citizens to advocate for their access to this vital resource.