My Purnia locality has had no piped water for months. Is the right to water a constitutional right?

Detailed Legal Analysis

The right to water has been recognized as a fundamental right under the Indian Constitution, primarily derived from the right to life and personal liberty as enshrined in Article 21.

In the landmark case of Subhash Kumar v. State of Bihar (1991), the Supreme Court of India held that the right to life includes the right to live with dignity, which encompasses the right to clean drinking water. The Court emphasized that access to safe drinking water is essential for the enjoyment of life and health. This has been further supported in various judgments where the Supreme Court has reiterated that the State has a constitutional obligation to provide clean and potable water to its citizens.

Key points regarding the constitutional right to water include:

• Article 21: This article guarantees the right to life and personal liberty, which has been interpreted to include the right to water.
• Judicial Interpretations: Various judgments by the Supreme Court and High Courts have expanded the scope of Article 21 to include the right to a clean environment and access to water.
• Directive Principles of State Policy: Article 47 mandates the State to improve public health and to raise the level of nutrition and standard of living, which implicitly includes providing access to water.
• Right to Water as a Human Right: The United Nations has recognized the right to safe and clean drinking water and sanitation as a human right essential for the full enjoyment of life and all human rights.

In the context of Purnia or any locality facing water scarcity, citizens can take the following steps:

• File a PIL: A Public Interest Litigation can be filed in the High Court or the Supreme Court to address the issue of water scarcity and demand State action.
• Approach Local Authorities: Engage with local government bodies and municipal authorities to highlight the issue and demand immediate remedial measures.
• Awareness Campaigns: Organize community awareness campaigns to pressure authorities and mobilize public support for ensuring access to water.

In conclusion, the right to water is indeed a constitutional right in India, and citizens have various means to enforce this right when faced with water scarcity issues in their locality.