WHY CLEAN WATER IS A BASIC HUMAN RIGHT IN INDIA
T. Jeba Vasanth, BA.LLB (Hons) 3rdyear, Bharath institute of law, Chennai, (India)
Access to clean water is an indispensable component of human dignity and survival so fundamental, in fact, that it has been recognized by the United Nations as a basic human right under Resolution 64/292 (2010), which calls on states to ensure affordable, safe, and physically accessible water for all. The judiciary in India has gradually construed the right to life under Article 21 of the Constitution to include access to clean water as a fundamental component of living with dignity and in a healthy environment, despite the fact that the right to water is not specifically stated in the statute. Access to clean water is an indispensable component of human dignity and survival and has been recognized by the United Nations as a basic human right under Resolution 64/292 (2010), which calls upon States to ensure safe, affordable, and accessible drinking water for all. Although the Constitution of India does not expressly guarantee a right to water, the judiciary has interpreted Article 21 to encompass access to safe drinking water as intrinsic to the right to life and a healthy environment. The Government of India’s Jal Jeevan Mission (Har Ghar Jal), launched in 2019, seeks to provide 55 litres per capita per day (LPCD) of potable water to every rural household, reflecting a significant policy commitment toward universal access. However, implementation gaps persist. Reports, including Greenpeace India’s Thirsty Cities: A Survey of Access to Water in Urban India, highlight acute shortages in informal settlements, where households often incur disproportionate financial burdens to secure basic water supply. Judicial developments have also reflected evolving environmental consciousness; notably, the Uttarakhand High Court in Mohd. Salim v. State of Uttarakhand (2017) declared the Ganga and Yamuna rivers as legal persons. However, this decision was subsequently stayed by the Supreme Court of India, rendering the declaration non-operative. Therefore, while India’s constitutional jurisprudence and policy initiatives demonstrate progressive intent, the realization of clean water as a fully enforceable human right requires strengthened legal recognition, institutional accountability, and sustained implementation. Still, tangible implementation lags behind hopeful rhetoric. Hence, while India’s legal and policy framework is moving in the right direction, realizing clean water as a basic human right requires sustained enforcement, equitable infrastructure, and systemic socio-economic reform.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 783–798. |
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