INDIAN APPROACH TOWARDS RIGHT TO LIFE WITH REFERENCE TO WATER AND SANITATION

Abstract

Water is the essence of life. It is the most substantial substance of earth. Living organism – be it plants or animals require water for survival. Non-availability of water is equal to denial of right to life. It is rightly said “no water – no life”. Hence, any disavowal of water would imply a denial of right to life. Closely connected to water is right to sanitation facilities. Water and sanitation are essentially about access to clean water, basic sanitation and good hygiene practices, all of which are essential to human development. People of various countries including India is facing water crisis and adequate sanitation facilities in different parts. The right to water and sanitation facilities are not enshrined in the Indian Constitution as an explicit Fundamental Right but the Indian Judiciary, both at the state as well as at the centre, has in several judgments interpreted Article 21 of the Constitution to include a right to clean and sufficient water, a right to adequate sanitation, a right to a decent and well life, a right to live with dignity and with peace, and a right to a humane and healthy environment which would certainly imply a right to water and sanitation to all the members of the society especially human beings. The government has schemes and policies to provide water and sanitation to their citizen as basic right for survival but there are reasons which shows that the people still faces some problem related to the water. The present article interwove right to clean water and sanitation with a base in human rights. It tries to include different existing perspectives regarding the impact of its international recognition as a human right and rights given under Indian Constitution. Through this paper author tries to discuss about the steps of judiciary related to the water and sanitation issues in India. Finally, author concludes the paper with the urgency and challenge of monitoring the human right to clean water and sanitation