My Saharanpur 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 under the Indian legal framework, as it is derived from the right to life and personal liberty protected under Article 21 of the Constitution of India.

The Supreme Court of India has repeatedly emphasized the significance of the right to water as essential for living with dignity. Here are some key points regarding the constitutional right to water:

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty. The Supreme Court has interpreted "life" to include the right to water as an essential component for survival and a dignified existence.
• Judicial Precedents: Landmark judgments, such as Subhash Kumar v. State of Bihar (1991), have established that the right to clean drinking water is part of the right to life under Article 21. The Court held that the State has a duty to provide clean drinking water to its citizens.
• Directive Principles of State Policy: Article 47 of the Constitution mandates the State to improve public health and to raise the level of nutrition and the standard of living of its people, which implicitly includes providing access to water.
• Water as a Fundamental Right: The right to water has been recognized as a fundamental right in various judgments, reinforcing the State's obligation to ensure access to safe and adequate water supply.
• Public Interest Litigation (PIL): If your locality has been deprived of piped water supply, you may file a PIL in the High Court under Article 226 of the Constitution, seeking enforcement of your right to water.

In addition to constitutional provisions, various laws and governmental schemes underscore the importance of water supply:

• Water (Prevention and Control of Pollution) Act, 1974: This act regulates the prevention and control of water pollution and ensures the quality of water is maintained.
• National Water Policy, 2012: This policy emphasizes the need for equitable and sustainable water management, aiming to ensure access to water for all individuals.

In summary, the right to water is a fundamental aspect of the right to life enshrined in the Indian Constitution, and citizens can seek legal recourse if their right to water is violated.