This document discusses human rights and the right to water. It provides definitions of human rights and notes that they include civil/political rights like the right to life as well as social/economic rights like the right to food and education. It discusses how access to clean water is necessary to realize other human rights. The document then summarizes Indian court rulings that have established access to clean water as a fundamental right under the right to life in India's constitution. It also provides facts about water access and quality globally and in India.

1. Dr. Vipan B. Kumar
M.A., Ph.D., L.L.B.,
09820391168
Email: vipanbkumar@rediffmail.com
Right to Water is a Human Right

2. What are Human Rights
Human right refers to the
"basic rights and freedoms to
which all humans are
entitled." Examples of rights
and freedoms which are often
thought of as human rights
include civil and political
rights, such as the right to life
and liberty, freedom of
expression, and equality
before the law; and social,
cultural and economic rights,
including the right to
participate in culture, the right
to food, the right to work, and
the right to education.

3. According to Section 2 (1)(d) of
the The Protection of Human
Rights Act, 1993 [As amended
by the Protection of Human
Rights (Amendment) Act, 2006]
“human rights” means the rights
relating to life, liberty, equality
and dignity of the individual
guaranteed by the Constitution
or embodied in the
International Covenants and
enforceable by Courts in India.
What are Human Rights

4. CHARACTERISTICS OF HUMAN RIGHTS
Guaranteed by International
Standards: Human rights are
guaranteed by international
standards. International
organizations such as UNO,
WHO, UDHR has laid down
certain guidelines or standards
which are necessarily to be
maintained with respect to
human freedom, dignity,
morality, equality, etc. These
guidelines or standards are
important milestones in
protecting or human rights.
These standards also hold the
respective state governments
accountable to the international
standards of human rights.

5. Legally Protected: Human rights are legally protected
through appropriate legislations. Many of the human
rights are a part of basic or fundamental rights which are
guaranteed by the Constitution or some specific laws of a
country. In India statutory provision has been made for
many human rights. A large majority of human rights can
be enforced through the machinery of the court.
CHARACTERISTICS OF HUMAN RIGHTS

6. Focus on the Dignity of
the Human Being:
Human rights are
necessary and help in
protecting human dignity,
liberty and equality.
CHARACTERISTICS OF HUMAN RIGHTS

7. Limits to State’s Power: Human rights help to restrict
the power of the executive by making them function
within the rules and to preserve human rights which are
universally recognized and guaranteed by international
institutions. States repressive power and authority is
curtailed by provisions for human rights in the legal
system.
CHARACTERISTICS OF HUMAN RIGHTS

8. • Inalienable (i.e. cannot be waived or
taken away): Human rights cannot be
waived by an individual. These rights
cannot be taken away by the state or any
authority of the state. That is why it is
said that the human rights are
inalienable. They are inalienable
because no one can agree to give up
their human rights, or have them taken
away.
CHARACTERISTICS OF HUMAN
RIGHTS

9. • Inherent: Human rights are inherent
because they are the birthright of all
human beings. They are not granted only
to citizens, but belong to people simply
by reason of their humanity.
CHARACTERISTICS OF HUMAN RIGHTS

10. Universal: Human rights
are universal because
they apply to everyone
regardless of their
nationality, status, sex or
race.
CHARACTERISTICS OF HUMAN RIGHTS

11. Interdependent and
Interrelated: Most
human rights are
interrelated and
interdependent with
each other. Such as the
right to equality, right
not to be discriminated,
right to speak, right to
liberty, etc.,
CHARACTERISTICS OF HUMAN RIGHTS

12. Not absolute:
Human rights are not
absolute. Enjoyment
of human rights is
coupled with certain
duties. In order to
enjoy human rights
one must also be
prepared to fulfill
one’s duties and
obligations.
CHARACTERISTICS OF HUMAN RIGHTS

13. Adds Meaning
and Purpose to
Life: Human rights
make the life
meaningful and
purposeful. The
right to freedom
and liberty helps an
individual to grow
and develop in a
most purposeful
manner.
CHARACTERISTICS OF HUMAN RIGHTS

14. Dynamic: Human rights are highly dynamic and change from
society to society. The technological and scientific
developments as well as changing nature of the society also
bring about changes in the conception of human rights. For
e.g. the rights of the gay individuals to get married is a recent
phenomenon. Some states have passed laws permitting gay
and lesbian individuals to get married and have family.
However, in India it is still not permitted.
CHARACTERISTICS OF HUMAN RIGHTS

15. Right to Water
Water is a prerequisite for survival
and clean water is necessary for
good health. Water is a prime
natural resource, a basic human
need and a precious national asset.
Fortune magazine has
called Water as the “oil of
the 21st Century”.

16. For mere physical survival
human body needs 3-5 litres
of water per day.
Lack of access to clean
water results in many
water related infections
and epidemics.

17. Many fundamental human rights can
not be fully realized without water:
• Right to Life: Without water, no life can be sustained.
• Right to Food: Water is essential for farming: almost 70% of all mobilised
freshwater is used for agriculture and it is estimated that more than one
third of global food production is based on irrigation.
• Right to Self-determination: This right also includes the right of all people
to manage their own resources and is thus connected to a right to water
• Right to Adequate Standard of Living, can not be realized without a
secure access to water
• Right to Housing: As the CESCR stated "the right to adequate housing
should have sustainable access to natural and common resources, safe
drinking water,...sanitation and washing facilities".
• Right to Education: The lack of proper supply of water forces children to
walk long distances, often several times a day - thus missing school - to
provide their families with water.
• Right to take part in Cultural Life: The destruction, expropriation or
pollution of water-related cultural sites represents a failure to take adequate
steps to safeguard the cultural identity of various ethnic groups.

18. Facts about Water
A little over 2/3rd of
the Earth is covered
by water, but most of
the water available
from the sea is highly
saline.

19. Facts about Water
It is estimated that about one-sixth of the world’s
population does not have access to safe potable
water. To be more specific, 884 million people
lack access to safe drinking water and that more
2.6 billion do not have access to basic sanitation.

20. Facts about Water
2.3 billion persons each year
suffer from diseases linked to
water (United Nations,
Commission on Sustainable
Development,
Comprehensive Assessment
of the Freshwater Resources
of the World, New York,
1997).

21. Facts about Water
• In water quality, India ranks 120th in a list of 122
countries in the world and
• In terms of availability of water India ranks 133rd in
a list of 180 countries.

22. Facts about Water
An estimated 90% of
the country’s water
resources are polluted
with untreated
industrial and domestic
waste, pesticides, and
fertilizers.

23. Facts about Water
About 1.5 million children under the age of five
die every year from water-borne diseases.
According to the UNEP (United Nations
Environment Programme)

24. In India about 226
million people lack
access to safe water
and about 70 per cent
of population (about
640 million) lack basic
sanitation facilities.
Facts about Water

25. Facts about Water
About 2,17,000 habitations in the country are affected
with excess iron, fluoride, salinity, nitrate and arsenic
in water.

26. Facts about Water
Agriculture accounts for almost 80
per cent of water use in India.

27. Facts about Water
There is no explicit right to
water in the Indian
Constitution or the law.
The right to water as a
fundamental right is
established by judicial
pronouncements and
interpretations, especially
of the Article 21, the Right
to Life.

28. Facts about Water
In India, Water is in the state list - not the
concurrent list, as in the case of
education. According to the state list, under
the Seventh Schedule of the Constitution,
states have jurisdiction over water resources
within their borders.

29. Facts about Water
Water-borne diseases are causing more
than 4 million infants and child deaths
every year in developing countries.

30. Facts about Water
• Three countries - South Africa, Uruguay
and Morocco - have introduced laws
guaranteeing rights to water and sanitation

31. India does not have an exclusive and
comprehensive water law.
Water-related legal provisions are dispersed
across various irrigation Acts, central and state
laws, constitutional provisions and court
decisions.
Facts about Water

32. Indian Courts on Right to Water
Supreme Court Judgement recognises
the right water as a part of the Right to
Life.

33. Indian courts have
held that the State is
duty bound not
only to provide
adequate drinking
water but also to
protect water sources
from pollution and
encroachment.
Indian Courts on Right to Water

34. Right to Water as a part of the Right to Life
Article 21 of the Constitution of India deals with
‘Protection of Life and Personal Liberty’. In course of
time this right has been expanded, through court
interpretations to include several other vital aspects of
human life such as the 'right to privacy, right to go
abroad, right to legal aid, right to medical assistance,
right to shelter, right to speedy trial, right to pollution-
free water and air, right to reasonable residence, right to
food, clothing and a clean and healthy environment‘.

35. Any act of the State that allows
pollution of a water body 'must be
treated as arbitrary and contrary to
public interest and in violation of the
right to clean water under Article 21'

36. Indian Courts on Right to Water
In 1990, for example, The Kerala High Court in Attakoya
Thangal v. Union of India recognized the fundamental
importance of the right to water.
"...the administrative agency cannot be permitted to
function in such a manner as to make inroads into the
fundamental right under Art 21……….the right to sweet
water and the right to free air are attributes of the right to
life, for these are the basic elements which sustain life
itself."

37. Indian Courts on Right to Water
In Subhash Kumar v State of Bihar (1991), the
Supreme Court of India has held that the right to
live 'includes the right of enjoyment of pollution-
free water and air for full enjoyment of life. If
anything endangers or impairs that quality of life
in derogation of laws, a citizen has right to have
recourse to Article 32 of the Constitution for
removing the pollution of water or air which may
be detrimental to the quality of life'.

38. Indian Courts on Right to Water
In Subhash Kumar v State of Bihar (1991), the
Supreme Court of India has held that the right to
live 'includes the right of enjoyment of pollution-
free water and air for full enjoyment of life. If
anything endangers or impairs that quality of life
in derogation of laws, a citizen has right to have
recourse to Article 32 of the Constitution for
removing the pollution of water or air which may
be detrimental to the quality of life'.

39. In M.C. Mehta v
Kamalnath (1997) the
Supreme Court
categorically ruled that
the State is not only
bound to regulate water
supply, but should also
help realize the right to
healthy water and
prevent health hazards.
Indian Courts on Right to Water

40. In State of
Karnataka v
State of Andhra
Pradesh (2000)
the Court held
that the right to
water is a right to
life, and thus a
fundamental
right.
Indian Courts on Right to Water

41. In Narmada Bachao Andolan v Union of India
(2000), the Supreme Court said that “water is
the basic need for the survival of human
beings and is part of right to life and human
rights as enshrined in Article 21 of the
Constitution of India”.
Indian Courts on Right to Water

42. The A.P. High
Court in P. R.
Subhash Chandran
v Government of
Andhra Pradesh &
Others (2001),
reiterated the
responsibility of the
State in providing
clean drinking
water to the
citizens.
Indian Courts on Right to Water

43. Indian Courts on Right to Water
In a landmark case, M C Mehta versus Union of India
2004(12) SCC118, the Supreme Court of India
recognised that:
• Groundwater is a social asset.
• Citizens have the right to the use of air, water and earth as protected
under Article 21 of the Constitution (the protection of life and personal
liberty).
• It further states that the environmental balance is to be maintained
and wherever groundwater is required for domestic and agricultural
needs, priority is to be given to these.

44. It is the constitutional obligation
of the State to provide adequate
quantity of drinking water to the
citizens and also protect water
resources as common goods.
From human rights perspective,
the State is duty bound to
protect and enable the citizens
to enjoy their rights. Any policy
of the State that jeopardizes the
ability of the citizens to realise
their fundamental rights
amounts to the violation of such
rights.

45. It is one of the fundamental duty of every
citizen under Article 51 – A (g) to protect and
improve the natural environment including
forests, lakes, rivers and wild life, and to have
compassion for living creature.

46. The six core human rights treaties
1. The International Covenant on Civil and Political Rights, adopted in 1966 and
which entered into force 23 March 1976.
2. The International Covenant on Economic, Social and Cultural Rights, adopted
in 1966, entered into force 3 January 1976.
3. The International Convention on the Elimination of All Forms of Racial
Discrimination, adopted in 1965, entered into force 4 January 4 1969.
4. The Convention on the Elimination of All Forms of Discrimination Against
Women, adopted in 1979, entered into force 3 September 1981.
5. The Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, adopted in 1984, entered into force 26 June 1987.
6. The Convention on the Rights of the Child, adopted in 1989, entered into force
2 September 1990.

47. “Water is a limited resource and a public good fundamental
for life and health. The human right to water is
indispensable for leading a life in human dignity. It is a
prerequisite for the realization of other human rights.” (GC
N0. 15 (2002) United Nations Economic and Social Council,
Committee on Economic, Social and Cultural Rights, in its twenty-
ninth session (General Comment No. 15) ).
The Human Right to Water “entitles everyone to sufficient, safe,
acceptable, physically accessible and affordable water for personal
and domestic uses”.
International Instruments on The Right to Water

48. The Convention on the Elimination of Discrimination
Against Women (1979)
Art. 14 (2) State Parties shall take all appropriate
measures to eliminate discrimination against women in
rural areas in order to ensure, on a basis of equality of
men and women, that they participate in and benefit
from rural development and, in particular, shall ensure
to women the right: (h) To enjoy adequate living
conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and
communication.
International Instruments on The Right to Water

49. The Convention on the Rights of the Child (1989)
Article 24 (1) States Parties recognize the right of the child to the enjoyment of the
highest attainable standard of health and to facilities for the treatment of illness
and rehabilitation of health…
(2) State Parties shall pursue full implementation of this right and, in particular,
shall take appropriate measures: (c) to combat disease and malnutrition, including
within the framework of primary health care, through, inter alia, the application of
readily available technology and through the provision of adequate nutritious
foods and clean drinking water, taking into consideration the dangers and risks of
environmental pollution […]
International Instruments on The Right to Water

50. South African Constitution (1996)
Chapter 2, Bill of Rights
Section 27
1. Everyone has the right to have access to (a) health care
services, including reproductive health care; (b) sufficient
food and water; and (c) social security, including, if they
are unable to support themselves and their dependants,
appropriate social assistance
2. The state must take reasonable legislative and other
measures, within its available resources, to achieve the
progressive realization of each of these rights

51. Constitution of Gambia (1996)
Article 216(4): The State shall endeavour to facilitate equal
access to clean and safe water.

52. Constitution of Ethiopia (1998)
Article 90(1): Every Ethiopian is entitled, within the
limits of the country’s resources, to … clean water.

53. Constitution of Uganda (1995)
Article 14: The State shall endeavor to fulfill the
fundamental rights of all Ugandans to social justice and
economic development and shall, in particular, ensure
that… all Ugandans enjoy rights and opportunities and
access to education, health services, clean and safe
water, decent shelter, adequate clothing, food, security
and pension and retirements benefits.

54. Constitution of Zambia (1996)
Article 112: The State shall endeavour to provide clean
and safe water.

55. Kenyans approve new constitution
and add water as a human right
August 4, 2010 became a historical
day for Kenya and the global water
movement: An
overwhelming majority of 5.95
millions, or 67 per cent of Kenyans
voted in favour of a new constitution,
which implies enormous changes
regarding economic and social rights.
The new constitution has recognised
water and sanitation as a
fundamental human right.