My Raipur 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 fundamental right under the Constitution of India, stemming 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) 1 SCC 598, the Supreme Court of India recognized the right to clean drinking water as a fundamental right, which is essential for the enjoyment of life. This case established that the state has a duty to provide adequate water supply to its citizens.

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty. The Supreme Court has interpreted this right to include the right to a healthy environment and access to clean drinking water.
• Public Interest Litigation (PIL): Citizens can file a PIL in the High Court or Supreme Court if there is a violation of the right to water. The judiciary has been proactive in addressing such issues.
• Judicial Pronouncements: Various judgments have reinforced the idea that access to water is a part of the right to life. For instance, in Chameli Singh v. State of U.P., (1996) 2 SCC 549, the Supreme Court reiterated that the right to shelter includes the right to potable water.
• Legislative Framework: The Jal Jeevan Mission (launched in 2019) aims to provide piped water supply to every rural household. This is a significant step towards fulfilling the constitutional mandate regarding water rights.
• State Responsibility: Under the Water (Prevention and Control of Pollution) Act, 1974, the state has a duty to manage water resources effectively and ensure that citizens have access to clean water.

If your locality in Raipur has been without piped water for months, it may be beneficial to take the following steps:

• File a complaint with the local municipal authority regarding the lack of water supply.
• Engage with local NGOs or community leaders to raise awareness about the issue.
• Consider approaching the High Court through a PIL to seek judicial intervention and enforce your right to water.

In summary, the right to water is a fundamental right in India, and citizens have various avenues to seek redress when this right is violated.