My Nashik 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 considered a constitutional right in India, primarily derived from the right to life under Article 21 of the Constitution of India.

The Supreme Court of India has affirmed that the right to water is an essential element of the right to life, emphasizing that access to safe drinking water is a fundamental human right. This interpretation can be traced back to several landmark judgments and is supported by various legal frameworks:

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty, which has been expansively interpreted to include the right to a clean environment and access to water.
• Judicial Precedents: The Supreme Court in Subhash Kumar v. State of Bihar (1991) recognized the right to clean water as part of the right to life. Similarly, in Olga Tellis v. Bombay Municipal Corporation (1985), it was held that the right to livelihood includes the right to water.
• International Covenants: The right to water is also enshrined in international instruments like the International Covenant on Economic, Social and Cultural Rights (ICESCR), which India is a signatory to. This adds another layer of obligation on the government to ensure access to water.

Furthermore, the Indian government has enacted several laws to address water supply and quality issues:

• 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.
• National Water Policy, 2012: This policy emphasizes the need for equitable access to water, ensuring that every individual has sufficient safe drinking water.
• Right to Information Act, 2005: Under this act, citizens can seek information regarding government actions related to water supply and management.

In light of the above, residents of Nashik who are facing issues with the lack of piped water can appeal to local authorities or file a Public Interest Litigation (PIL) in the High Court, highlighting their right to water as a fundamental right. The judiciary has consistently upheld the need for the government to ensure the provision of essential services, including water supply, to its citizens.