My Thiruvananthapuram 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 Constitution of India, specifically as a part of the right to life and personal liberty under Article 21.

In various landmark judgments, the Supreme Court of India has emphasized that the right to life encompasses the right to clean drinking water and sanitation. Key points regarding the constitutional right to water include:

• 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 live with dignity, which encompasses access to safe drinking water.
• Judicial Precedents:
  • In Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to water is integral to the right to life.
  • In MC Mehta v. Union of India (1987), the court reiterated that the state has an obligation to provide sufficient clean drinking water to its citizens.
• Directive Principles of State Policy: Article 47 of the Constitution imposes a duty on the State to raise the level of nutrition and the standard of living and to improve public health. This includes ensuring access to safe drinking water.
• National Water Policy: The National Water Policy, 2012, emphasizes the need for equitable access to water for all and considers water a shared national resource.
• Right to Water as a Human Right: The United Nations General Assembly recognized the right to safe and clean drinking water as a human right in 2010, which influences Indian jurisprudence and obligations.

If your locality in Thiruvananthapuram has been without piped water for months, it is advisable to take the following steps:

• File a Grievance: Approach local government bodies or the municipality to lodge a complaint regarding the water supply issue.
• Seek Legal Remedy: If the grievance is not addressed, consider filing a Public Interest Litigation (PIL) in the High Court seeking enforcement of the right to water.
• Awareness Campaign: Engage with local community organizations to raise awareness about the right to water and mobilize public support for the issue.

Access to water is crucial for survival and health; hence, the state has a constitutional duty to ensure that every citizen has access to this basic necessity.