RIGHT TO DRINKING WATER A FUNDAMENTAL RIGHT

RIGHT TO DRINKING WATER A FUNDAMENTAL RIGHT - KARNATAKA HC

INTRODUCTION

Part III of our Indian Constitution lay out the fundamental rights of all citizens. These Fundamental rights are applicable to all the citizens of the country irrespective of their caste, religion, race, gender, birth, and creed. Also, these rights are enforceable by the courts and on any sort of interference or violation of these rights, a person can move to Court for the law of remedy.

Hence, Article 21 of Indian Constitution 1950, provides “No person shall be deprived of his life or personal liberty except according to the procedure established by law”.

In accordance with the proper procedure established by the law, Article 21 of Indian Constitution defines Right of Life and Right to Personal liberty.

In our country, everyone has the right to life, liberty and the security of person. Most important of all, Right to Life is the essential right as it includes all those aspects of life which makes an individual's life meaningful, complete and worth living.

The right to personal liberty is also essential of all basic human rights as it is connected to the basic principles of an individual’s physical freedom. As per the right to liberty the arrest or detention of an individual should be in accordance with the law. Therefore this right basically protects an individual against the excesses of the government and its agents.

RECENT ISSUE

Due to the rapid growth in population, expanding agriculture, increasing industrialization and high living standards, demand for water has also escalated but the supply of water has decreased due to the drought, overuse, and pollution.

In the rural area, people can dig wells and can cope up with the problem of shortage of drinking water, but in developing countries, the major issue is the unavailability of pure drinking. It has been observed that in over past 70 years while the world's population has tripled, the demand for water has

increased sixfold accordingly.

Recently, in Karnataka High Court, a petition was filed by Gurunath Vade claiming that people residing in Aurad and Kamalnagar Taluka of Bidar district are facing a major problem of drinking water shortage. It has also been mentioned in the PIL that the Manjira River, which was the only source of water supply in both the Taluks, has been completely dried out and therefore requested the court to give command to the Urban Development Department authorities, in charge Minister Bidar district and Chief Secretary to approve the supply of drinking water directly from Karanja water reservoir located in Bidar District.

The counsel for the state proclaimed that the decision of water supply should be taken by the government as the laying of the pipeline would require a huge investment of money. Not only this, but the counsel also directed that there is no such severe problem of water supply as there is a regular supply of water in both the Taluks.

In Karnataka High Court a division bench of Chief Justice Abhay Oka and Justice H T Narendra Prasad held last Tuesday that "Right to have drinking water is a part of Right guaranteed under Article 21 of the Constitution of India." Also, the court directed the State Government to take appropriate remedial steps to cure the problem of drinking water shortage in both the Taluks of Bidar district.

ORGANIC EVOLUTION OF ARTICLE 21

In last few years Article 21 has been expanded through several Judicial Pronouncements and covers some more rights which are mentioned below:-

The right to go abroad
The right to privacy
The right to education
The right against solitary confinement
The right against handcuffing
The right against delayed execution
The right to shelter
Right to livelihood
Right to health and medical aid
The right against custodial death
The right against public hanging
Doctors assistance

The famous case of Unni Krishnan v. State of A.P explains the extended scope of Article 21.

Due to the extended scope of Article 21, the PILs of children in jail being sanctioned for special protection, health issues due to pollution and harmful drugs, housing for beggars, instant medical cure to injured persons, starvation deaths, the right to know as well as the right to open trial have also been included under it.

Supreme Court through its several other judgments added some non-justifiable Directive Principles in part IV of the Indian Constitution. Some of them are mentioned below:-

Right to pollution-free water and air
Protection of under-trial
Right of every child to a full development
Protection of cultural heritage.

CONCLUSION

Article 21 of the Indian Constitution is an alive provision which persistently evolves like an organism and inherits the traits of dynamism that serves the needs of the society. Hence, it keeps on modifying and expanding itself with the demand of people through various judicial pronouncements and legislative enactment.

Search This Blog

Legal Sarcasm