Water a fundamental right: apex court

By J. Venkatesan

NEW DELHI, DEC. 7. In a significant judgment, the Supreme Court has reiterated that to access drinking water is a fundamental right to life and ``there is a duty on the State under Article 21 to provide clean drinking water to its citizens.''

A Bench comprising Mr. Justice M. Jagannadha Rao and Mr. Justice M. B. Shah set aside the orders of the Andhra Pradesh High Court permitting a polluting industry to be located within the 10 km radius of Osman Sagar and Himayat Sagar in the twin cities of Hyderabad and Secunderabad.

The Bench observed ``in respect of these drinking water reservoirs which cater to the needs of about 70 or 80 lakhs population, we cannot rely upon a bare assurance (from the industry) that care will be taken in the storage of serious hazardous materials.''

The court said ``we are led to the inference that there is a very great risk that these highly hazardous material could seep into the earth and reach the tanks, after passing through the dolerite dykes, as pointed out by the National Geographical Research Institute.''

Going a step further to ensure that these reservoirs were not polluted by industries similarly located, the Bench directed the Andhra Pradesh Government to identify those industries which were located within the 10 km radius of these two tanks to prevent pollution to the drinking water.

The State and the Pollution Control Board should not permit any polluting industries within the 10 km radius, the Bench said and directed filing of compliance report within four months.

The Bench said the Apex Court was one of the first courts to develop the concept of `right to healthy environment' as part of the `right to life' under Article 21 of the Constitution. Now there was a need to take into account the right to a healthy environment along with the right to sustainable development and balance them, the Bench said.

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