My Navi 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 indeed considered a fundamental right under the Indian Constitution, primarily derived from the right to life and personal liberty guaranteed by Article 21.

The Supreme Court of India has interpreted the right to life under Article 21 to include the right to clean and safe drinking water. Several landmark judgments have reinforced this view:

• Subhash Kumar v. State of Bihar (1991): The Supreme Court held that the right to life includes the right to water and air for survival. This case established that the state has a duty to ensure that its citizens have access to clean drinking water.
• Olga Tellis v. Bombay Municipal Corporation (1985): This case emphasized that the right to livelihood is part of the right to life, which indirectly connects to the right to water because access to water is essential for economic activities.
• Vishaka v. State of Rajasthan (1997): While primarily about women's rights, the principles laid down in this case regarding the protection of fundamental rights can be extended to the right to water as well.

In addition to judicial interpretations, various legislative frameworks support the right to water:

• National Water Policy, 2012: This policy advocates for the use of water as a vital resource and emphasizes the need for equitable access to water for all citizens.
• Right to Information Act, 2005: This act enables citizens to demand information regarding the availability and quality of water services, thereby ensuring accountability from the authorities.

In light of the above, if your locality in Navi Mumbai has faced months without piped water, it is advisable to take the following steps:

• File a Complaint: Approach the local municipal authority to lodge a formal complaint regarding the lack of piped water supply.
• Engage in Public Grievance Redressal: Use the online platforms provided by the Maharashtra government for public grievances.
• Seek Legal Remedies: If the issue persists, consider filing a public interest litigation (PIL) in the High Court, citing the violation of your fundamental right to water.

In summary, the right to water is a constitutional right in India, and citizens can seek redressal through various channels to ensure their rights are upheld.