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Right To Safe And Clean Drinking Water In India

Constitutional Evolution, Judicial Interpretation, And Contemporary Challenges

Abhishek Patel

Abstract

While the human body can live without food for fourteen days but only three days without water. Water holds great importance in the life of every human being for sustaining life, health, and well-being. In 2010, the United Nations General Assembly Resolution 64/292 explicitly recognised the human right to water and sanitation for all. The ‘Human Right to Water’ means that everyone has the inalienable right to access sufficient, safe, and affordable water for personal and domestic uses. Constitutional principles across the world either implicitly or explicitly give this right its legal foundation through different provisions that guide the state on how it must protect and deliver the “right” to the citizens. In India, Right to Water is not explicitly recognised by the legislature but it has been judicially interpreted as a part of fundamental Right to Life under Article 21 through several judicial decisions and judgements. This paper carefully examines the key judicial case laws that have established Right to Water in India through key environmental principles, such as the Public Trust Doctrine, the Polluter Pays Principle, and the Precautionary Principle. It also identifies the challenges in translating this right into ground reality such as the absence of comprehensive legislation, lack of governance, water scarcity, and socio-economic inequalities that prevent equal access to all. Finally, the paper concludes with the argument that addressing the gap between legal recognition and implementation requires institutional reform, strong governance, and explicitly recognizing water as a fundamental constitutional right to ensure fairness, public health, and human dignity.

Article Information

Journal

International Journal of Discourse in Social Science Research

Volume (Issue)

Vol. 1 No. 1 (2026): Discourses in Social Inquiry

Pages

31-40

Published

April 5, 2026
Copyright

Open Access

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

Abhishek Patel (2026). Right To Safe And Clean Drinking Water In India: Constitutional Evolution, Judicial Interpretation, And Contemporary Challenges. International Journal of Discourse in Social Science Research , Vol. 1 No. 1 (2026): Discourses in Social Inquiry , pp. 31-40.

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