Apex Courts -Contention of the Petitiner up held that the Right to free drinking water is part of Right to Life under Article 21 of the Constitution

ITEM NO.47 COURT NO.1 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO.263 OF 2010
(For Prel. Hearing)
VOICE OF INDIA
(Through its Chairman) Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
(With appln(s) for exemption from filing O.T., permission to
appear and argue in-person and permission to file additional
documents)
Date: 20/09/2010 This Petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN
HON'BLE MR. JUSTICE SWATANTER KUMAR
For Petitioner(s) In-person
For Respondent(s)
UPON hearing petitioner in-person, the Court made the following
O R D E R
Petitioner has filed this petition alleging that
the right to free drinking water is part of Right to Life
under Article 21 of the Constitution. Consequently,
petitioner prays that water be supplied to every citizen
in this country free of cost. In this connection,
petitioner has submitted that the various State
Governments, including, Delhi should be directed to
arrange for free potable drinking water through MCDs and
NDMCs.
...2/-
2.
In this writ petition all the States and Union
Territories are made party-respondents.
We are fully conscious of the fact that even
after 60 years a citizen of this country is not getting
clean potable water. In this regard, we agree with the
petitioner. It is, however, not possible for this Court
to monitor and grant relief(s) to the petitioner on all
India basis. Moreover, as stated above, the petitioner
seeks relief(s) essentially against municipal
corporations in each State because supply of clean
potable water is the function of municipal corporations
and other local bodies. Even instances given in the
annexures relate to different sectors/localities within
the municipalities in different States.
In the circumstances, we are of the view that the
petitioner may move the concerned High Court with regard
to its grievances, particularly, when such grievances are
confined to municipal areas and to specific areas where
citizens do not get clean potable water for drinking. We
cannot monitor such local institutions under Article 32
of the Constitution. We refuse to believe that the
concerned High Courts will not look into such grievances,
if specific detailed instances are brought to its notice
...3/-
3.
as submitted on behalf of the petitioner. The petitioner
apprehends that if it has to move the High Court, it may
take several years for redressal of its grievances. We
do not share that perception. Lastly, the subject matter
of this writ petition is a State subject under the
Constitution.
Subject to what is stated above, this writ
petition stands disposed of.
[ Kanchan Jain ] [ Madhu Saxena ]
Assistant Registrar Assistant Registrar