My Panaji 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 recognized as a constitutional right in India, derived from the right to life under Article 21 of the Indian Constitution.

The Supreme Court of India has held that the right to a clean environment and access to water is implicit in the right to life, making it a fundamental right. Here are key points regarding the constitutional right to water:

• Article 21 of the Indian Constitution: This article guarantees the right to life and personal liberty, which the Supreme Court has interpreted to include the right to a clean and adequate water supply.
• Judicial Pronouncements:
  • In the landmark case of Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court recognized that the right to life includes the right to livelihood, which can be affected by the lack of basic services such as water.
  • In Paryavaran Suraksha Samiti v. Union of India (2005), the court emphasized the right to a healthy environment, which is closely linked to access to clean water.
• The Water (Prevention and Control of Pollution) Act, 1974: This act aims to prevent and control water pollution, ensuring that water remains accessible and safe for use.
• Right to Water as a Human Right: The United Nations General Assembly has recognized access to clean drinking water and sanitation as a human right, which reinforces the constitutional provisions in India.
• State Obligations: Under various state laws and policies, state governments are obligated to provide adequate water supply and sanitation to their residents. Failure to do so may be challenged in court as a violation of constitutional rights.

If your locality has been without piped water for months, you may consider the following steps:

• File a Complaint: Approach your local municipal authority or water supply department to lodge a formal complaint.
• Public Interest Litigation (PIL): If the issue persists, you may file a PIL in the High Court of Goa to seek enforcement of your right to water. Citing the constitutional provisions and relevant case law can strengthen your case.
• Engage with Local NGOs: Collaborate with local non-governmental organizations that focus on water rights and public health to amplify your concerns.

Access to water is not just a necessity but a fundamental right, and citizens have legal recourses to ensure this right is upheld.