The Constitution of India gives citizens the Fundamental Right to life, which must be understood to include the Right to Water and the Right to Sanitation. Unfortunately, the right has been followed more in the breach
The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have little.”
Franklin Delano Roosevelt Improving the accessibility to water and sanitation for all sections of society has been a significant development priority in recent decades in India. It has been juxtaposed with advocacy for access to water and sanitation being recognised as legal human rights.
However, there has been limited attention on the right to water and sanitation as a legal right for the populace, despite the issue being debated on account of the abysmally low indicators of hygienic parameters for vulnerable sections of society.
Whereas Article 21 of the Constitution of India enunciates Right to life in its multi-dimensional manifestations, including the right to safe drinking water, reflections on the findings of the 69th round of the National Sample Survey, which presents the conditions of drinking water and sanitation in India, critically examine the availability of water and conditions of sanitation for Indians.
Right to water does not mean merely availability of water but standard quality water to ensure healthy life of an individual.
Article 47 of the Constitution of India proclaims that the state shall ensure its primary duty to (i) raise the level of nutrition, (ii) standard of living of its people and (iii) improvement of public health. Article 51-A states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and the wild life and to have compassion for all living creatures.
Water is a State subject in India. Entry 17 ( the State list, Seventh Schedule, Article 246 of the Constitution) states that, water, that is to say, water supply, irrigation and canals, drainage and embankments, water storage and water power are subject to the provisions of Entry 56 of list I. It is the Union list which deals with Inter-State water disputes, whereas Entry 6 list II deals with public health and sanitation. It is, therefore, clear that the States are responsible for availability and access to safe drinking water and sanitation facilities.
Information on housing conditions, with wider coverage on the aspects of drinking water, sanitation and hygiene, was collected during the 69th round of the National Sample Survey (July-December 2012).
The survey revealed that that 86 per cent and 89.5 per cent of households in rural India and urban India respectively got sufficient water throughout the year for performing all household activities.
Similarly more than 70 per cent households in urban areas of all the major States got sufficient water throughout the year for all household activities. Among these States, the percentage was highest (96.4 per cent) in Uttar Pradesh and lowest (73.3 per cent) in Karnataka.
The survey, however, does not provide for the volume of water that is considered as sufficient availability. Whereas the overall access to drinking water and sanitation facilities have improved in the last two decades in India, it may not have been to the point of satisfaction — for we have not been able to guarantee drinking water and sanitation facilities to one and all.
Access to drinking water, in the context of the time and distance travelled to collect water from the principal source, including waiting time, can be seen as just basic access, within the World Health Organisation’s defined standards regarding physical accessibility.
Similarly, the pre-condition of water availability for all domestic activities, as part of the Basic Human Needs Index, remains as optimal. Further, two thirds and three fourths of the population of the country are deprived of the latrine and bathroom facilities respectively even as on date.
It is challenging to meet all human rights obligations which are not always uniformly guaranteed to one and all. However, the imperatives to meet basic human water needs are more than just moral: They are rooted in law and justice, and are an important part of the responsibilities of Governments.
It is time for us to re-examine our fundamental development goals. Governments, water providers and other stakeholders must come together and guarantee that basic water needs will be fulfilled. They should work out the necessary institutional, economic and managerial strategies and technological interventions needed.
A vigilant civil society can activate political and judicial processes to check the water deprivatory status of our people. The state’s priorities may have to be re-ordered to ensure that the Right to Water is realised soon.