Introduction:
Life in this world cannot be possible without water. Water is considered as one of the most important needs of humankind because without its humankind cannot survive. Water is also one of the most important fundamental rights for all the living beings in this world. Therefore, the water right is considered an important part of the right to life. When we see the right to water in the relation of India, we can find that in India Supreme Court has considered it as a fundamental right of all human beings, which is mentioned in Article 21 of the Constitution of India deals with the Right to life.
In India, the right to life is continuously expanded, which includes the right to have a clean environment and the right to health, and after some time court mentioned that it also includes the right to water. When we analyze various judgments of the Indian court, we can find that they have not only considered the right to get water as a fundamental right, but the court has also said that water is a public asset or social asset.[1] So the main research question in this paper is how article 21 of the Indian constitution includes the right to get water. And what are the laws framed by the government to protect this right are what is the recent development to it and in the last conclusion with the recommendation?
How Right to Water is related to the Right to Life?
When we do the detailed analysis of all the international treaties, we can find that all the drafters of these treaties have implicitly considered water as a fundamental resource. And several explicit rights are protected by the international rights agreements and conventions, which are dealing with the right to get food, development, and better human health, etc. But all these guarantees are only possible when a person has a right to get water. When we see the scenario of the recent year, we can find that there is a clear view which supports the right to get water. Like when the resolution of United Nation Organization has been passed at the place of United Nations Water Conference in the year 1977, in which they said that even if the country is a developing country, then also people have the right to get water which is of quality to depend on their basic need.[2]
When we see the origination of this right in India, we can find that under the Indian constitution right to get water can be derived from the right to health, right to food, and right to have a clean environment, and all this can be found in the right to life which is mentioned in the Article 21 of the Indian Constitution.[3]
Like when we analyze the case of Narmada Bachao Andolan v. Union of India, the court considered the right to water as an important part of the right to get life under Article 21 and told water is an important need for the human being to survive.[4] And this right can also be found in Article 39 (b) of the constitution of India, which is mentioned in the Directive Principle of State Policy.[5] It states that there should be a principle followed under which all the material resources should be equally accessible for the community.[6] And Article 39 (b) also mandates that all the states in India shall direct their policy for securing the control and ownership of all the material resources which are compulsory for the community and should be distributed in such a way that it can subserve the common good.[7]
Enactments
In India, there are so many enactments are passed which are related to water-based resources, water supply for irrigation and drinking purposes, etc. When we analyze them, we can find that there are two main enactments related to it.
- Environment Protection Act, 1986 [8]
- Water Prevention and Control of Pollution Act, 1974 [9]
Environment Protection Act, 1986
When we analyze this act, we can find that it does not directly relate to the right to water, but it has an indirect relation to it, like stopping the pollution of water so that people can get clean water to drink and other use. When we analyze section 2 (a) of this act, we can find that environment also includes water.[10] This act also provides power to the central government for making rules so that there is no pollution in the environment and water not get polluted.
Water Prevention and Control of Pollution Act, 1974
This is one of the important acts for the protection of water pollution, making regulation by which state and center government protect water resources. This act gives power to the state board to issue rules to any authority, officer protecting the water pollution and stopping it so that people can get clean water.
Recent Development
When we see the recent development for the right to get water in India, then three main points come to mind, which clarifies how the right to get water is important.
- Public Interest Litigation (PIL): When we analyze most of the cases related to communities and enforcement of people for the right to get water, then all these can be filed by way of Public Interest Litigations (PIL).[11] This type of case is most preferred in this right because it deals with a dispute which is between the party and government or social events. Public Interest Litigation is mainly used when there is a violation of a right that deals with the larger public, and it gets violated due to state inaction or action.[12] Public Interest Litigation can be filed by any public spirited individual or organization if that PIL benefits the society and especially the poor.
- Central Water Commission: This is an organization that deals with all water-related problems in India. Now this organization deals with all the water resources with the help of the government of India.[13] The main responsibility of this organization is to coordinate with the government for the different schemes related to the utilization and conservation of water. It also helps at the time of floods and supplies drinking water in India. The main purpose of the formation of this organization is to promote the management and development of all the water resources in India.
- Decisions by Court: When we analyze the intentions of courts from seeing the different judgments, we can find that they focus on the importance of water and how to keep water free from pollution, like in the case of M.C. Mehta case of (1988) in which the industry which was located on the river Ganga was alleged for polluting the Ganga, so court issued some directions related to it.[14] This judgment does not mention the right to life, but it has focused that pollution of any river will affect the health and life of ecology.[15]
Conclusion & Recommendation
The above discussion provides a critical constitutional perspective of the right to water in the country. However, there are several issues and disputes regarding the proper distribution of water and access to clean and drinkable water. While the water right is not deemed as a constitutional right in the Indian constitution, the court interpreted it in several cases and held in some cases that, right to water must be a fundamental right. It notes that the right to water is also considered a natural right. There are many problems in this field. Because of this water problem, India has proposed that the right to water is also taken into account. As a constitutional right, and for this too, there should be different rules and enactments.
The manner in which the right to water is a primary privilege is unclear. Human rights and all aspects are taken into account are guaranteed. We have to press for adequate action in India to the right of access to water should be included. This privilege is used and needed by It is necessary because it is always contingent on available funds to guarantee such a right. Social and Societal Financial rights, such as the right to water, have been notoriously politically sensitive since then. The legislative divisions ought to modify their classification and their massive elaboration. Asset dispersion, here and there on a straightforward basis, because of the legal path.
In spite of making the sacred suitable for water in India, there are a few problems. There are great regions in India where there is no water-base, and water transmission of water of any type cannot be imagined. Therefore, the solution to supplying simple free water should be complemented with an agreement to create access to the base of water easily. Water-property in India is not expressly guaranteed either by the constitution or by any other Enactment. Enactment It is an inferred right, affirmed through an arrangement of laws that present an obligation upon the state through its different offices to counteract and manage the water contamination. Subsequently, the right to get clean water is indirectly mentioned in article 21 of the Constitution of India, and nobody can be restricted to claim this right. The courts around the nation have maintained the same.
References:
[1] Jayna Kothari, The Right to Water: A Constitutional Perspective, December 10, 2006, available at http://www.ielrc.org/activities/workshop_0612/content/d0607.pdf.
[2] M. Swathi, R. Dhivya, Constitutional Perspective of Right to Water in India, 2018, available at cadpubl.eu/hub/2018-120-5/4/325.pdf.
[3] Id.
[4] Narmada Bachao Andolan v. Union of India and Others, Writ Petition (C) No. 319 of 1994.
[5] The Constitution of India, 1950, Article 39 (b).
[6] Id.
[7] Id.
[8] Environment Protection Act, 1986.
[9] Water (Prevention and Control of Pollution) Act, 1974.
[10] Environment Protection Act, 1986, Section 2 (a).
[11] Anu Mittal, Right to clean Water, October 22, 2015, available at https://www.lawctopus.com/academike/right-to-clean-water/.
[12] Id.
[13] Supra Note 1.
[14] MC Mehta v Union of India, AIR 1988 SC 1037.
[15] Id.
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