REALIZING CITIZEN’S FUNDAMENTAL RIGHT TO CLEAN WATER

The principle of Roman law ‘salus populi est suprema lex’ means that ‘welfare of the people is the paramount law’. This principle is the abiding principle in the Constitution of India. The State has been assigned the positive role of helping the people realize their rights and needs and in doing so the courts of India have often given expansive interpretation to Article 21 of the Constitution of India which provides the fundamental right to life. The article states that no person shall be deprived of his right to life and personal liberty except according to the procedure established by law. By expansive interpretation of Article 21, Right to healthy environment has been granted to all persons in India. On further interpretation of Article 21, the Hon’ble Supreme Court of India gave unto the citizens of India a right to access to clean drinking water in the judgement of A.P. Pollution Control Board II v. Prof. M.V. Nayudu[1]. The court stated that:

“Right to access to safe drinking water is fundamental to life. The court further held that under Article 21 there is a duty on the State under to provide clean drinking water to its citizens.”

The court in this case referred to the India’s participation in UNO’s water conference and held that safe drinking water is of paramount importance in any country. The Supreme Court of India has repeatedly reaffirmed the connection between public access to clean drinking water, the right to health environment and right to life under Article 21 of the Constitution in various judgements.

DLSA, West helped realize the right of access to clean drinking water of citizens residing in Gali No. 17 of Anand Parbat. People residing in that area had no supply of clean drinking water for the past 14 years. One Sunil Sharma approached DLSA, West and apprised the front office lawyer that they have no access to clean water in their residential area. The front office lawyer consulted with Ld. Secretary DLSA, West. Interaction with the legal aid beneficiary was held by the Ld. Secretary Sh. Vinod Kumar Meena, DLSA (West) himself where he tried to understand all the facts of the case and issues faced by the beneficiary. Afterwards, the case was marked to Ld. Advocate Sh. Anurag Bindal, Legal Aid Counsel. The case was titled as Sunil Sharma v. Delhi Jal Board [CS/SCJ/60/9339/2016] vide file no. 1205/14 W. It got referred for mediation in the Mediation Centre, Tis Hazari Courts. During the various mediation sessions held, senior officials were called from Delhi Jal Board and the parties finally came to a settlement. As per the settlement agreement, execution proceedings were initiated as per the law. Eventually the case was disposed off in the National Lok Adalat held in July 2018.

As a result of the proceedings, a brand new water pipeline, separate from the main line, was laid out in the area to provide potable drinking water to the residents of Gali No. 17, Anand Parbat after a long period of 14 years. It was only after the prime efforts of DLSA, West that such a rudimentary commodity like clean drinking water which is a basic human right, necessary for human survival, was finally made available after such a long wait.