7.2. Water as Part of the Fundamental Right to Life

Water is essential for life and for good health. Not only is it necessary for us to be able to meet our daily needs but safe drinking water can prevent many water-related diseases. India has one of the largest number of cases of diseases such as diarrhoea, dysentery, cholera.

This chunk emphasizes that water is crucial not only for sustaining life but also for maintaining good health. Adequate water intake is necessary for daily functions such as drinking, cooking, and hygiene. Importantly, access to clean drinking water helps prevent diseases that are spread through contaminated water, like cholera and dysentery, which are significant health concerns in many parts of India.

Imagine trying to thrive in a garden without water; plants wilt and die. Similarly, humans need adequate hydration to survive and flourish. Just as gardeners ensure their plants receive clean, fresh water, we must ensure access to safe drinking water for health and well-being.

Over 1,600 Indians, most of them children below the age of five, reportedly die every day because of water-related diseases. These deaths can be prevented if people have access to safe drinking water.

This chunk highlights the tragic statistic of daily deaths due to water-related diseases, particularly focusing on vulnerable populations such as children. It points out the urgent need for safe drinking water, suggesting that if communities were provided with clean water sources, many of these preventable deaths could be avoided.

Think about a school that lacks proper sanitation and clean water. The children might become ill frequently, missing school and falling behind in their studies. Ensuring that schools have clean water can drastically improve students' health, attendance, and educational outcomes.

The Constitution of India recognises the right to water as being a part of the Right to Life under Article 21. This means that it is the right of every person, whether rich or poor, to have sufficient amounts of water to fulfil his/her daily needs at a price that he/she can afford. In other words, there should be universal access to water.

This chunk explains how the Indian Constitution includes the right to water as an essential part of the Right to Life, which obligates the state to provide access to water for all citizens. This means that irrespective of socio-economic status, everyone has the right to obtain enough clean water for their needs without excessive cost.

Consider the importance of electricity for daily living; just as everyone needs and has a right to access electricity, water is similarly vital. If a household cannot afford electricity, there are often programs to help. Similarly, the right to water means governments need to ensure that everyone, regardless of income, has enough water.

There have been several court cases in which both the High Courts and the Supreme Court have held that the right to safe drinking water is a Fundamental Right. In 2007, the Andhra Pradesh High Court restated this while hearing a case based on a letter written by a villager of Mahbubnagar district on the contamination of drinking water.

This chunk addresses the judicial recognition of the right to safe drinking water as a Fundamental Right in India. It cites specific cases where courts upheld this right, demonstrating judicial advocacy for safe water access. This establishes a legal framework that empowers citizens to demand safe water from their government.

Imagine a classroom where children are taught that they have the right to express their opinions. If a student feels their voice is ignored, they can bring it to the teacher’s attention. The legal recognition of the right to water works similarly; citizens can demand clean water access, and the courts can intervene to protect that right.

The villager’s complaint was that a textile company was discharging poisonous chemicals into a stream near his village, contaminating groundwater, which was the source for irrigation and drinking water. The judges directed the Mahbubnagar district collector to supply 25 litres of water to each person in the village.

This final chunk illustrates a concrete example where the courts acted to enforce the right to water. The complaint about industrial pollution shows the potential threats to water sources, and the court's order to supply water indicates a protective measure for public health and safety. It highlights the responsibility of both industries and government to ensure that clean water is available.

Think of a neighborhood facing pollution from a nearby factory causing health problems. If citizens report the issues and the government responds by providing clean alternatives and holding the factory accountable, it’s a practical application of the right to a safe environment, akin to how the court protected the right to clean water in this situation.

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