My Shillong 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, linking it to the right to life and personal liberty as enshrined in Article 21.

In various landmark judgments, the Supreme Court of India has affirmed that the right to life includes the right to clean drinking water and sanitation. This interpretation derives from the following key points:

• Article 21 of the Constitution: This article guarantees the right to life and personal liberty, which has been expansively interpreted by the judiciary to include the right to a clean and adequate supply of water.
• Judicial Precedents: The Supreme Court in the case of Subhash Kumar v. State of Bihar (1991) recognized the right to water as an integral part of the right to life. The Court held that "the right to life includes the right to live with human dignity," which encompasses access to water.
• National Water Policy, 2012: This policy emphasizes the need for equitable access to water and recognizes it as a basic human right, suggesting that the government has a responsibility to provide it to all citizens.
• Directive Principles of State Policy: Article 47 mandates the State to raise the level of nutrition and the standard of living and to improve public health, which indirectly includes access to clean drinking water.
• Right to Information: Under the Right to Information Act, 2005, citizens can inquire about the status of water supply initiatives and municipal responsibilities, holding local authorities accountable.

In the context of Shillong, residents facing a lack of piped water supply can take several steps to address this issue:

• File a complaint: Residents can lodge a formal complaint with the local municipal authority or the Public Health Engineering Department (PHED) responsible for water supply.
• Public Interest Litigation (PIL): If the issue persists, individuals or groups can file a PIL in the High Court to seek intervention for the provision of water as a fundamental right.
• Engage with local NGOs: Collaborating with local non-governmental organizations can help amplify the issue and push for remedial measures.

In conclusion, the right to water is a recognized constitutional right in India, and citizens have multiple avenues to seek redress and ensure that this essential necessity is provided adequately by the state.