My Nainital 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, indirectly derived from the right to life and personal liberty as enshrined in Article 21.

In the landmark case of Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court of India interpreted Article 21 to include the right to livelihood, which has been expanded to imply that the right to life includes the right to clean and sufficient water. This interpretation has led to the understanding that access to water is essential for living with dignity.

Here are some key points regarding the right to water as a constitutional right in India:

• Article 21 of the Constitution: It guarantees the right to life and personal liberty, which has been interpreted to include the right to water.
• Judicial Precedents: Various judgments, such as Subhash Kumar v. State of Bihar (1991), have reinforced that the right to a healthy environment and access to water are integral to the right to life.
• Directive Principles of State Policy: Article 47 mandates the State to improve public health and to raise the level of nutrition and the standard of living of its people, which indirectly supports the provision of adequate water supply.
• National Water Policy: The National Water Policy, 2012 emphasizes the need for water conservation and equitable distribution, further establishing the government's obligations to ensure access to water.

In the context of your locality in Nainital, the absence of piped water supply for months can be seen as a violation of the right to water. It is the responsibility of the State to ensure access to clean and adequate water for all citizens. You may consider the following steps to address this issue:

• File a Complaint: Engage with local municipal authorities to formally register a complaint regarding the lack of water supply.
• Public Interest Litigation (PIL): If the issue persists, you can approach the High Court of Uttarakhand with a PIL, citing the violation of your constitutional right.
• Awareness Campaigns: Engage the community in awareness campaigns to highlight the importance of water rights and mobilize collective action.

It is crucial to advocate for the right to water as it is a fundamental aspect of living a dignified life in India.