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

Detailed Legal Analysis

Yes, the right to water has been recognized as a fundamental right under the Constitution of India, stemming from the right to life guaranteed by Article 21.

The Supreme Court of India has interpreted the right to life to include the right to water and sanitation as essential components for a dignified life. This interpretation has evolved through various landmark judgments, establishing that access to clean and adequate water is a fundamental necessity for survival and health.

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty. The Supreme Court has elaborated that this right encompasses the right to a healthy environment, which includes access to clean drinking water.
• Judicial Precedents:
  • In the case of Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life includes the right to live in a clean environment, which implicitly includes the right to water.
  • In Vishaka v. State of Rajasthan (1997), the Court emphasized that the right to health and a dignified life is essential, linking it to the availability of basic necessities including water.
• Legislative Framework:
  • The Water (Prevention and Control of Pollution) Act, 1974 aims to prevent and control water pollution, thereby ensuring the availability of clean water.
  • The National Water Policy, 2012 emphasizes the need for equitable and sustainable access to water resources.
• State Obligations: The state has a constitutional obligation to ensure the supply of drinking water, as part of its duty under Article 47, which directs the state to raise the level of nutrition and the standard of living and to improve public health.
• Judicial Remedies: If the right to water is violated, individuals can approach the High Court under Article 226 of the Constitution to seek enforcement of their rights. Public Interest Litigations (PILs) can also be filed to address broader issues affecting the community.

In conclusion, the right to adequate and clean drinking water is a fundamental right under the Indian Constitution, and citizens in Sambalpur can seek judicial remedies if their right to water is being infringed upon.