My Mumbai 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 right under the Indian Constitution, derived from the right to life and personal liberty as guaranteed under Article 21.

The Supreme Court of India has emphasized that access to clean and safe drinking water is essential for the enjoyment of life and a healthy environment. In the landmark case of Subhash Kumar v. State of Bihar (1991), the Court held that the right to life includes the right to live with human dignity, which encompasses the right to a clean environment and, by extension, access to water.

• Judicial Interpretation: The judicial interpretation of Article 21 has broadened the scope of fundamental rights to include access to basic necessities such as water.
• Right to Water: The Supreme Court in Rakesh Kumar v. State of Haryana (2007) reiterated that the right to water is an integral part of the right to life.
• State Obligations: Under Article 47 of the Constitution, the State is obliged to raise the level of nutrition and the standard of living of its people, and to improve public health. This duty extends to ensuring access to safe drinking water.

Moreover, the Water (Prevention and Control of Pollution) Act, 1974 and various state water supply and sanitation policies further reinforce the obligation of the government to provide safe drinking water to its citizens. In Mumbai, the Municipal Corporation is responsible for ensuring water supply and quality.

• Municipal Corporation Act: Under the Brihanmumbai Municipal Corporation Act, 1888, the Corporation has the duty to provide water supply to the residents.
• Public Interest Litigation (PIL): Citizens facing a lack of piped water can file a PIL in the High Court to seek redressal, compelling the authorities to fulfill their constitutional duty.
• Complaints and Grievances: Residents may also approach local authorities or consumer forums to address grievances related to water supply.

In conclusion, the lack of piped water in your locality constitutes a violation of the right to water, and you may seek legal recourse to ensure your constitutional rights are upheld.