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

Detailed Legal Analysis

The right to water is implicitly recognized as a constitutional right in India, derived from the right to life and personal liberty as guaranteed under Article 21 of the Constitution of India.

In several landmark judgments, the Supreme Court of India has reiterated that the right to access clean drinking water is essential for the enjoyment of life and health. Here are some key points regarding the legal framework surrounding the right to water:

• Article 21 of the Constitution: This article provides that "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, which is intrinsically linked to the availability of clean water.
• Judicial Precedents:
  • Subhash Kumar v. State of Bihar (1991): The Supreme Court held that the right to life includes the right to water and air, as they are necessary for survival.
  • Olga Tellis v. Bombay Municipal Corporation (1985): The Court emphasized that the right to livelihood is connected to the right to life, which implies that access to basic necessities, including water, is a fundamental right.
• Water (Prevention and Control of Pollution) Act, 1974: This Act aims to prevent and control water pollution and maintain or restore the wholesomeness of water. It establishes the framework for regulating water quality and ensuring accessibility to safe drinking water.
• National Water Policy, 2012: This policy emphasizes the need for equitable and sustainable water management, ensuring that all citizens have access to water for basic needs. It underscores the government's responsibility to provide safe drinking water to all.

In the context of your locality in Meerut, the absence of piped water for months can be construed as a violation of your right to access clean drinking water. You may consider taking the following steps:

• File a Complaint: Lodge a complaint with the local municipal authority regarding the lack of water supply.
• Public Interest Litigation (PIL): If the issue persists, you may seek legal recourse by filing a PIL in the High Court, highlighting the violation of your fundamental rights.
• Engage with NGOs: Collaborate with local NGOs that focus on water rights to raise awareness and advocate for your community's needs.

In conclusion, the right to water is an essential aspect of the right to life under the Indian Constitution, and there are legal avenues available to address the lack of piped water in your locality.