BROAD SPECTRUM OF RIGHT TO LIFE The right to life and the right to personal liberty in India have been

guaranteed by a Constitution provision, which received the widest possible interpretation. Under the
canopy of Article 21 of the Constitution, so many rights have found shelter, 7 State of Uttaranchal v.
Balwant singh chaufal (2010)3 SCC 402 8 Holicow Pictures (P) Ltd. v. Prem Chandra Mishra. (2007 )14
SCC 281 123 growth and nourishment. An intelligent citizen would like to be aware of the developments
in this regard, as they have evolved from judicial decisions. Therefore our founding father of the Indian
Constitution Dr.B.R.Ambedkar rightly said, Article 21 is considered to be “heart and soul” of
fundamental rights9 . The right to live guarantee in any civilized society implies the right to food, water,
decent environment, education medical care and shelter. These are basic human rights known to any
civilized society. All civil, political, social and cultural rights enshrined in the Universal Declaration on
Human Rights and Convention cannot be exercised without these basic human rights10. Declaring that
the right to life included the “finer graces of human civilization”, the Supreme Court virtually rendered
this fundamental right a repository of various human rights11.Thus so many rights were recognized as
fundamental rights due to judicial conscience and activism. Right to water is also one of the
fundamental rights which is already internationally recognized as a human right. The Apex Court has
observed that at global level, the right to live is now recognized as a fundamental right to an
environment adequate for health and well being of human12. There is increase in awareness of the
compelling need to restore the serious ecological imbalances introduced by the degradations inflicted
on nature by man. There may be boundless progress scientifically which may ultimately lead to
destruction of man’s valued position in life. The Constitution has laid the foundation of Articles 48A and
51A for a jurisprudence of environmental protection. Today, the State and the citizen are under a
fundamental obligation to protect and improve the environment including forests, lakes, rivers, wildlife
and to have compassion for living creatures. Thus duty is cast upon both the Government and citizen
under Article 21 to protect the environment. 9 Mohd.Sukur Ali v. State of Assam (2011)4 SCC 729 10
Chameli singh v. State of UP (1996)2 SCC 549 11 P.Nalla thampy tera v. Union of India (1985) supp SCC
189 12 T.N. Godavarman Thirumulpad v. Union of India & Ors., (2002) 10 SCC 606 124 4.3.1. Right to
Water Over the past couple of decades, the legal framework concerning water has been complemented
by a human rights dimension. The core message is that all human beings are entitled to equal and non-
discriminatory supply of a sufficient amount of water, this has led to the demand for legal recognition of
the right to water and corresponding changes in water- related laws and policies. Right to water is not
expressly provided as fundamental right under the Indian Constitution. However very first the Supreme
Court recognized that right to live under Article 21 includes the right of enjoyment of pollution-free
water and air for full enjoyment of life. If anything endangers the quality of life in derogation of laws, a
citizen has right to have recourse to article 32 for removing the pollution of water or air which may be
detrimental to the quality of life13. The right to sweet and fresh water is basic element which sustained
life. When steps are taken by administrative agencies to augment water supply they should see to it that
this doesn’t result in upsetting equilibrium and salinity is not increased by undue exploitation of water14
. Again in Dr. B.L.Wadehra v. Union of India15 the Supreme Court went one step ahead and held that, "it
is no doubt correct that rapid industrial development, urbanization and regular flow of persons from
rural to urban areas have made major contribution towards environmental degradation but at the same
time the authorities entrusted with the work of pollution control cannot be permitted to sit back with
folded hands on the pretext that they have no financial or other means to control pollution and protect
the environment. Hence apart from article 21, it is the duty of the state and citizen under articles 48A
and 51A(g) of the Constitution." 13 Subhash Kumar v. State of Bihar. AIR 1991 SC 420 14 F.K.Hussain v.
Union of India AIR 1990 Kerala 321 15 Dr.B.L.Wadehra v. Union of India (1996)2 SCC 594 125 In addition
courts have also outlined some of the general parameters that must guide the realization of the right.
The obligation to provide water has been recognized as a primary duty of the Government whose
violation amounts to violation of article 21 of the Constitution. And every Government which has its
priorities right, should give for most important providing safe drinking water given at the cost of other
development programs16. The case law has gone further in determining the extent of the State’s duties
and indicated that the state had no discretion in the fulfillment of its core functions and cannot pretext a
lack of resources to avoid fulfilling its mandate17 . The Supreme Court observed that “Water is the basic
need for the survival of human beings and is part of the right to life and human rights as enshrined in
Article 21 of the Constitution of India and the right to healthy environment and sustainable
development are fundamental human rights implicit in the right to life” 18. The right to pollution free
and the right to safe drinking water has been emerged has fundamental rights as part of right to life
under Article 21 of the Constitution of India this has been possible because of the liberal and activist
interpretation of the Supreme Court and High Courts. In a case relating to scarcity and the impurity of
potable water in the city of Guwahati, it was held that the municipal corporation is responsible for
supplying sufficient drinking water and financial constrain cannot be a excuse because right to water is a
basic human right and fundamental right under right to life under Article 21 of the Constitution of
India19 . Similarly in a petition filed by an advocate for suitable directions to ensure regular supply of
water, the Allahabad High Court reiterated the fundamental right to drinking water and the court said,
since the matter involve technical expertise the high powered committee been setup to look into the
problem of access to water and decide 16 Vishala Kochi Kudivella Samrakshana Samithi v. State of Kerala
2006 (1) KLT 919 17 Ram paul v. State of Rajasthan AIR 1981 Raj 121 18 Narmada Bachao Andolan v.
Union of India (2000) 10 SCC 664 19 Gauthum Uzir v. Guwahati Municipal Corporation 1999 (3) GLT 110 .
126 on the ways and means to solve it on a war footing20. The Andhra Pradesh High Court reiterated
this position saying that the right to safe drinking water is a fundamental right and cannot be denied to
citizens even on the ground paucity of funds21. In another case the Supreme Court had observed,
“drinking is the most beneficial use of water and this need is so paramount that it cannot be made
subservient to any other use of water, like irrigation so that the right to use of water for domestic
purpose would prevail over the other needs”22 . The judicial recognition of a fundamental right to water
is a significant development. However, in the absence of express legal provisions that define the
fundamental right to water, water cannot be guaranteed to every individual irrespective of caste,
gender, poverty and land rights.