Dr. Bimal Kumar Baishya, Associate Professor (Rtd), University Law College, Gauhati University. Currently Professor & Head of MAHAPURUSHA SRIMANATA SANKARDEVA VISWVIDYALAYA
Upasana Borah, Student, B.B.A LL.B (Hons), 5th Year/10th Sem, N.E.F LAW COLLEGE.
ABSTRACT
Around the world, people are becoming increasingly concerned about the global water crisis's economic, social, and environmental implications. Inequities in water access, privatization under neoliberal policies, and continuous denial of socio-economic rights are all related issues. Faced with dwindling supplies of clean drinking water, governments worldwide are promoting a human rights-based strategy. This technique is gaining popularity, with Developing countries Such as India Africa leading the way. The challenges posed by a privileges approach to water access are fascinating when viewed through the Indian lens. This Constitution was drafted at a time when the recently independent country felt strongly about human rights. With a focus on wealth, class, gender, and religious inequalities, the Constitution knows the significance of law and rights in addressing colonial inequities. Affirming the constitutional validity of socio-economic rights, the Indian Supreme Court interpreted the Constitution with zeal. As a result, the Courts have construed the constitutional mandate as a component of life and liberty. The Court has historically been receptive to the application of international law to socio-economic rights. Humanity's fundamental need for water continues to exist. This demand has been elevated to a fundamental human right in India. Regardless of the tremendous monetary worth of water, ensuring access to clean drinking water is a critical challenge in India. India's water legislation incorporates both global and national provisions. Frequently, inquiries concerning the effectiveness of government initiatives are made without providing any rationale. "Water" is one of these fundamental human rights that our Constitution fails to safeguard. Water has become a source of contention in India since pre-historic times, and the issue remains unresolved. Without these fundamental human rights, neither any affable political, social, or economic rights can be exercised. The purpose of this Article is to analyze the constitutional legitimacy of socio-economic rights such as access to safe drinking water and the right to life. The Indian Supreme Court has declared that the water right is a fundamental human right protected under the Indian Constitution Article 21. For instance, over the previous three decades, access to safe drinking water has been expanded. India's right to food has achieved substantial legal progress. According to the Supreme Court of India, the right to food is a necessary component of life. The Indian Supreme Court maintained the water right and directed the Government to fund public schools' midday meals and food programs. The Court applied international standards in assessing socio-economic rights. Despite this growing body of law, the Government has done nothing to enforce court decisions or alter existing laws to bring them into line with India's international commitments. Despite constitutional and judicial demands, millions of Indians, particularly women and girls, do not have access to safe drinking water. According to the 2003 World Water Development Report, "India ranks 133rd out of 180 countries in terms of water system accessibility and 120th out of 122 countries in terms of water supply quality." In India, 17% of the population lacks safe drinking water, and 80% of children are affected by water-borne illnesses. Currently, India is debating whether water rights belong to the State's citizens. The Government asserts that the right should now be extended to the Government, although NGOs and experts contend that the right should be expanded at other levels. Though not expressly stated in Article 21 of the Indian Constitution, the Court has ruled that the RIGHT TO FOOD covers the WATER RIGHT.
Keywords: Water, Indian Constitution, South African Constitution, Article 21, Interpretation.
