TASK – 1
DRAFTING OF A LEGAL RESEARCH PAPER ON –
“CONSTITUTIONAL FRAMEWORK AND EMERGING TRENDS
ON THE RIGHT TO WATER”
Submitted by-
Alka Johny
Semester V, 3-Year LLB,
Thakur Ramnarayan College of Law, Mumbai
CONSTITUTIONAL FRAMEWORK AND EMERGING TRENDS
ON THE RIGHT TO WATER
ABSTRACT
This research paper looks at how the right to water is protected in different constitutions around the world. It explains how this right is slowly being recognized as a basic human right, and how courts and governments are helping to turn it into reality. The paper also studies new developments such as important court rulings, changes in government policies, and international standards like the United Nations’ General Comment No. 15, which clearly states that every person should have access to safe and sufficient water.
By using real examples from different countries, the paper shows that many courts and parliaments now understand that clean water is necessary for a healthy and dignified life. Some countries even include the right to water directly in their constitutions, while others protect it by interpreting broader rights like the right to life or health.
At the same time, the paper points out that there are still many challenges, especially in terms of fairness and implementation. Many poor and disadvantaged communities still struggle to get clean water. Therefore, the paper ends by suggesting practical ways to strengthen constitutional protection and ensure that everyone, regardless of their social or economic status, can enjoy their right to clean and safe water.
KEYWORDS: Right to water, constitutional law, justiciability, equitable access, international norms, sustainability
INTRODUCTION
Access to safe and sufficient water lies at the very heart of human life. People drink water to survive, use it for cooking and hygiene, and rely on it to maintain basic health and dignity. In recent years, rapid population growth, industrialization, climate change and pollution have placed tremendous pressure on water resources, making the question of who has access to clean water not just a policy issue but a serious human rights concern. Around the world, people have slowly started to recognize that water should be treated as a fundamental right, and not just as a public service. India is no exception. From ancient times, water has been regarded as a sacred and shared resource. Classical legal and religious texts such as the Manusmriti and Arthashastra stressed the importance of fair distribution and charged rulers and village institutions with a duty to protect rivers, wells, and tanks so that everyone, not only the privileged, could use them.
Even though India’s Constitution does not expressly mention the “right to water,” the Supreme Court of India has gradually expanded the scope of Article 21 (Right to Life) to include it. In fact, in the landmark case of Subhash Kumar v. State of Bihar, the Court expressly said that “the right to live includes the right of enjoyment of pollution-free water.” A few years later, in A.P. Pollution Control Board v. Prof. M.V. Nayudu, the Court emphasized that access to safe drinking water is critical not only for human survival but also for future generations, which means the State has an affirmative duty to protect it.
These decisions mark an important shift towards recognizing water as a justiciable right—one that citizens can claim and protect through the justice system. They also place India in line with the broader trend developing in international human rights law. The United Nations Committee on Economic, Social and Cultural Rights, in its General Comment No. 15, describes the right to water as the right of each person to have sufficient, safe, accessible, and affordable water, and makes it clear that governments have a duty to respect, protect and fulfil that right. The Indian State has made some positive efforts in this direction. For example, the National Water Policy (2012) specifically recognizes water as a public trust and emphasizes the need for equitable distribution and careful management. Likewise, the Composite Water Management Index (2019) published by NITI Aayog offers practical steps for improving water governance, making water planning more transparent, and helping different States learn from each other’s experiences. Yet, despite these efforts on paper, the reality remains deeply worrying. According to the United Nations and World Health Organization, more than 163 million people in India still lack access to clean drinking water. Many rural and marginalized communities rely on contaminated sources for their daily needs, which shows that there is a serious gap between legal recognition and actual delivery.
A look at other countries helps show the direction in which constitutional thinking is moving. The Constitution of South Africa clearly states in Section 27 that everyone has the right of access to sufficient water, and the South African Constitutional Court has upheld this principle in several important judgments. In Mazibuko v. City of Johannesburg, the Court recognized that access to a basic supply of water is essential to human dignity and that the State is under a duty to take steps to provide it to all citizens. Brazil offers another useful example. Although its Constitution does not use the words “right to water,” Brazilian courts have read this right into broader constitutional guarantees like the right to health and the right to an adequate standard of living, making water legally enforceable as part of those existing provisions. These comparative examples show that constitutional protection of water can emerge either through explicit provisions or through judicial interpretation of broader human rights.
International organizations also play a helpful role in shaping how states understand their responsibilities. The United Nations Water for Life Decade and the UNW-DPAC report on The Human Right to Water and Sanitation provide states with important guidance on how to use laws, policies, and community participation to make water accessible for everyone. Even though these documents are not binding, they are increasingly used by courts and policymakers as reference points. In India’s case, this international guidance supports what the Supreme Court has already started to do through its progressive rulings on Article 21.
Still, recognizing the right in court judgments is only one part of the solution. Unless there is proper legislation, adequate funding, strong institutions and clear accountability, many people will continue to live without safe water. This is why new and emerging trends in water law focus not only on recognition but also on implementation. These trends include decentralized water governance, increased community involvement, public-private partnerships for building water infrastructure and transparent monitoring systems. There is also growing pressure on the Indian government to expressly include the right to water in the constitutional text, so that it becomes easier for courts to enforce and for citizens to understand and claim. The purpose of this paper is to examine these constitutional and judicial developments, explore the most recent policy and legal trends, and suggest ways to make the right to water stronger, fairer, and more sustainable for everyone in the country, including those who are the most vulnerable.
HISTORICAL BACKGROUND IN INDIA
In India, water has always been considered sacred and extremely important. Even in ancient times, religious and legal texts like the Manusmriti and the Arthashastra said that water should be shared in a fair manner and used carefully. These texts also explained that rulers and village communities had a duty to protect rivers, wells, tanks, and ponds for the benefit of everyone. In many traditional village systems, people worked together to manage water and make sure that no one was left without access.
Although the Indian Constitution does not clearly say that people have a “right to water,” the Supreme Court of India has said that the right to life under Article 21 also means having the right to live with dignity, which includes access to clean water. Courts in India have also said that the government must make sure that water is not polluted and is available to all. Over the years, different states in India have made laws and policies to improve water supply. However, many problems remain. These include water pollution, poor infrastructure, and unequal access between rich and poor people. There is also a growing need to protect rivers, lakes, and groundwater from overuse and contamination. According to the report, India is home to 17% of world’s population but has only 4% of the world’s fresh water resources.
This paper looks at how the right to water is protected in India’s legal system. It talks about what the Constitution says, how the courts have interpreted this right, and what new trends are coming up in India. It also gives suggestions to make sure that everyone, especially the poor and marginalized, can enjoy this basic right.
RESEARCH METHODOLOGY
This research paper is based on primary legal sources, which means it examines real and official documents instead of secondary opinions or summaries. To understand how the right to water is protected, the paper first reads and studies constitutions, statutes (laws passed by governments), court judgments, and government policy documents. These materials help us understand what the law says and what governments are expected to do in practice. The paper then looks at recent court cases, especially from countries like India and South Africa, to see how judges have interpreted the right to water and how they have ordered governments to protect and enforce it. These cases are very important because they show how constitutional rights are applied in real life situations.
In addition to this, the paper uses real examples and case studies from different places to show how the right to water is being implemented today. These examples help us see both the progress that has been made and the difficulties that still exist. By combining legal texts with real-life cases, the paper provides a clearer and more complete understanding of the current trends in water rights and allows us to make more practical and realistic suggestions for the future.
REVIEW OF LITERATURE
Many writers and legal scholars have discussed the importance of treating water as a fundamental human right. Some of them argue that clean and safe water is closely linked to the right to life and health, and therefore must be protected by the Constitution. Scholars like Peter Gleick have stated that without access to water, people cannot live with dignity and basic human rights lose their meaning. Other studies point out that even if the right to water is written in the law, it will not help people unless there are strong systems to implement it on the ground.
Several authors also discuss the role of courts in protecting water rights. In countries such as India, South Africa, and Brazil, courts have played a major role in making governments act when people are denied clean water. The United Nations, especially through General Comment No. 15, has also contributed a great deal by clearly explaining what the right to water means and what states must do to protect it.
Another important part of the literature focuses on fairness and sustainability. Scholars note that poor people and rural communities often do not receive equal access and that future water policies should give priority to those who are most vulnerable.
METHOD
Text Review – First, this paper reads and studies the Constitution. The aim is to see whether these documents clearly mention the right to water or whether the right is included indirectly under other rights like the right to life or health.
Case Studies – Second, this paper looks at important court cases. For example, it studies the Subhash Kumar case in India, where the Supreme Court said that clean water is part of the right to life. It also looks at similar cases in other countries (like decisions of the South African Constitutional Court) to understand how judges interpret and protect the right to water.
Trend Analysis – Third, this paper observes recent legal and policy developments. It includes new laws, rules, and constitutional changes that different countries are making to improve access to water. This helps to find common patterns and new trends that are helping people get clean and safe water more easily.
SUGGESTIONS
According to observations while writing this research, it can be said that the government should clearly write in the law that every person has the right to clean water. This makes the rule easy to understand and easy for courts to follow. The government should also make special groups that watch and check if water is being given to all people in a fair and equal way.
Poor people and people who live in small villages often have less access to clean water. The government should give extra help to these people first so they also get clean and safe water like others.
If the government does not do its job, people should be able to go to court and ask for clean water. The court should be able to give real and practical solutions so people get water quickly.
When the government makes plans for water, it should protect nature, listen to local people, and make sure the plans are good for everyone.
Finally, India should follow the good advice given by the United Nations, such as General Comment No. 15, because it explains how countries should give clean water to all people in a fair way.
CONCLUSION
Recognizing the right to clean water in the Constitution and through decisions of the courts is a very important and positive step. It shows that water is not just another natural resource or a government service, but something that every human being must have to live a healthy and dignified life. It also reminds the government that providing clean water is not optional — it is a serious duty. Over the years, many laws have been passed and many court judgments have clearly said that all people, regardless of their background, deserve safe and sufficient water. These rulings send a strong message and give people hope that their right will be protected.
However, we must also accept that a big gap still exists between what is written in the law and what people experience in real life. In many parts of the country, especially in rural and underdeveloped areas, people still walk long distances to fetch water. Some have no choice but to drink water that is dirty or unsafe. When this happens, the idea of “right to water” remains only in theory, and not in actual practice. That is why the responsibility does not end with simply recognizing the right in legal documents – the next and more important step is to implement it properly.
To turn this right into a real and practical benefit for people, the government must clearly include it in the law, so there is no confusion about whether people have a legal claim to safe water. Clear and strong laws also help courts to protect this right when people approach them for help. Next, the government must build strong systems and institutions that focus on water supply, quality monitoring, and emergency response. These systems should be able to reach people not only in large cities, but also in small villages, tribal areas, hilly regions, and remote places.
While creating such systems, it is also very important to make sure that distribution is fair. Water should not go only to those who have money, power or political influence. Poor and socially disadvantaged communities should be given special attention because they are usually the first ones to suffer when water is unavailable or contaminated. If the government fails in its duty, people should have the right to approach the court, and the court should be able to issue orders that result in real solutions on the ground.
Equally important is the need for transparency and public participation. People should have a voice in decisions that affect their water sources. Local communities know their water problems best, and their participation will help in creating plans that are more practical and fairer.
If the government acts with honesty, fairness, and seriousness, and if the courts continue to protect the right, when necessary, then the right to water can become a real experience and not just a written promise. It will ensure that every human being — rich or poor, living in a city or in a small village — can drink clean and safe water every day and live a life of health, dignity, and security.