Karnataka High Court: Access To Clean Water Is Not Charity; State Has A Fundamental Duty To Supply Drinking Water Fit For Human Consumption

The Court issued directions for the State of Karnataka and its authorities to take action to address the recurring contamination of drinking water and ensure maintenance of water supply infrastructure across the State. The Bench stated that the “mere establishment of infrastructure for the supply of drinking water does not absolve the State of its constitutional obligation unless such infrastructure is maintained periodically and scientifically to ensure the continuous supply of pure and safe drinking water.”

A Division Bench of Chief Justice NV Anjaria and Justice KV Aravind remarked, “The State has a fundamental duty to supply drinking water fit for human consumption. Access to clean water is not charity, it is a constitutional promise woven into the fabric of fundamental rights. As observed above, every individual’s right to life encompasses the right to access pure and safe drinking water. The State, in its statement of objections, has placed on record relevant statistics pertaining to the supply of water. The supply of water and the maintenance of related facilities constitute executive functions involving budgetary concerns, which ordinarily are not subject to detailed scrutiny in the course of judicial review. The mechanism for the supply of water, as explained by the State, appears to be reasonable. No contrary material has been placed before this Court warranting further consideration or directions on this aspect.”

The Petitioner appeared in person, while AGA Niloufer Akbar represented the Respondent.

Brief Facts

The Petition sought directions to the Respondents to address the contamination of drinking water, particularly in the middle and northern districts and Tumkur District of Karnataka, and to undertake a review of drinking water sources, ensuring timely maintenance of pipelines and water storage facilities.

The petitioner submitted that the drinking water supplied often contained excessive levels of fluoride and is otherwise contaminated, adversely affecting public health. He further submitted that the failure of the State to ensure the supply of quality drinking water amounts to a violation of the fundamental right to life guaranteed under Article 21 of the Constitution.

Court’s Reasoning

The High Court remarked, “While the State has furnished details regarding the existing infrastructure for drinking water supply, there is a conspicuous absence of information or material relating to the maintenance of such facilities. Even if the infrastructure is in place, the failure to maintain it, thereby depriving individuals of access to pure drinking water, amounts to a failure on the part of the State to discharge its constitutional obligations.”

The Bench stated, “When the State functionaries fail in the discharge of their constitutional duties, it is incumbent upon this Court to protect and uphold the fundamental rights conferred upon individuals by the Constitution of India and to ensure that the State performs its constitutional obligations effectively. In this regard, this Court is inclined to issue appropriate directions.”

Consequently, the Court issued the following directions:

• “The State shall issue comprehensive guidelines prescribing the intervals at which maintenance of RO plants shall be conducted. The State shall further ensure that such maintenance is carried out strictly in accordance with the prescribed intervals.
• All non-functional RO plants shall be restored to full working condition within one month from the date of this order to ensure uninterrupted supply of pure drinking water in the respective localities.
• The State shall ensure that the concerned authorities maintain detailed records of all maintenance activities carried out in accordance with the prescribed intervals. Since water is supplied on payment, the total amount collected at each RO plant, as well as the expenses incurred for periodic maintenance including replacement or cleaning of filters and any other - 19 - components of the mechanism shall be systematically recorded and maintained.
• The maintenance of RO plants shall be witnessed by the concerned Panchayath Development Officer (PDO) in rural areas and by the designated local body officer in urban areas. In addition, such maintenance shall be witnessed and acknowledged by the local elected representative of the Panchayath or local body, as well as by the Headmaster or Headmistress of a nearby Government school. Any manipulation or falsification in this regard shall be viewed with utmost seriousness by the Court. It is needless to emphasize that comprehensive records of maintenance activities and related accounts shall be systematically maintained and produced before this Court when called for.”

Accordingly, the High Court disposed of the Petition.

Cause Title: Ramesh Naik L v. State Of Karnataka & Ors. [WRIT PETITION No.9911 OF 2024 (GM-RES-PIL)]

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