7.1 - Water as Part of the Fundamental Right to Life

Water is a basic necessity for human survival and is essential for daily life. Access to clean water is considered a fundamental right under the Constitution of India. This is because water is required not just for drinking but also for sanitation, agriculture, and other aspects of public health.

The Right to Life, as enshrined in Article 21 of the Indian Constitution, is the foundation upon which the right to access water is based. This right extends beyond mere existence to a dignified life, and clean water is a vital part of this dignity. The Supreme Court of India has affirmed that access to safe drinking water is an integral part of the Right to Life under Article 21.

In several landmark cases, the courts have reiterated that the government has a responsibility to ensure the availability of clean water for all citizens. The judiciary has made it clear that the state must take proactive measures to ensure water is available, particularly in rural and underserved areas.

India faces significant challenges in ensuring the availability of clean water. Factors such as overpopulation, contamination of water sources, and inefficient water management systems have led to water scarcity in many regions. Moreover, climate change is expected to further exacerbate these problems, affecting rainfall patterns and the availability of freshwater resources.

The government has implemented various schemes and policies to address the issue of water accessibility. Programs like the Jal Jeevan Mission aim to provide piped water connections to rural households across the country. These initiatives are crucial in ensuring that clean water reaches people in even the most remote areas.

At the local level, the government is also encouraging water conservation practices through campaigns and awareness programs. The importance of rainwater harvesting, reducing water wastage, and protecting water bodies is being highlighted to ensure sustainable water use for future generations.

Despite these efforts, challenges remain. It is important that the responsibility for water management is shared by both the government and the citizens. Community participation in water conservation and distribution is critical for ensuring that water resources are used equitably and sustainably.

In this context, the role of public facilities, such as public taps, wells, and water tanks, becomes crucial. These facilities should be accessible to everyone, especially in marginalized communities, and maintained regularly to ensure their efficiency and reliability.

The right to water is not just about access but also about ensuring that the water provided is clean and safe. This requires proper treatment, filtration, and sanitation systems, which must be maintained by local authorities and public health agencies.

As part of this fundamental right, the government must work towards improving infrastructure, managing water resources efficiently, and creating awareness about water-related issues. Education about water conservation and the protection of water sources is key to ensuring the long-term sustainability of this vital resource.

In terms of legal frameworks, the right to water has been recognized in various international conventions, such as the United Nations General Assembly's Resolution on the Right to Water, which recognizes access to clean water as a human right necessary for the full enjoyment of life and all human rights.

Water, thus, is not just a commodity; it is a critical element of life and should be treated as such. Its protection and proper management are crucial for maintaining the dignity and health of every individual.