IMPORTANT POINT
Right to get water is a part of right to life guaranteed by Article 21 of the Constitution.

ORDER

1. On 26th March, 2009 we had passed a detailed order relating to the problem of water shortage in our country and we had issued notice to the Secretary, Ministry of Science & Technology asking him to file a counter affidavit within four weeks stating what measures have been taken to solve the water problem in the country and for implementing the recommendations given by one of us (Hon’ble Mr. Justice Markandey Katju) in the decision in State of Orissa vs. Government of India & another1 JT 2009(2) SC 233.

2. Despite having immense reservoirs of water in the form of the Himalayas in the North and the Arabian sea, Indian Ocean and the Bay of Bengal in the West, South and East of India, there are water shortages everywhere often leading to riots, road blocks and other disturbances and disputes for getting water. In many cities, in many colonies people get water for half an hour in a day, and sometimes not even that e.g. in Delhi, South India, Rajasthan, U.P., Madhya Pradesh, Orissa, Maharashtra, Northeast, etc.. In large parts of rural areas there is shortage of water for irrigation and drinking purpose. Rivers in India are drying up, ground water is being rapidly depleted, and canals are polluted. The Yamuna in Delhi looks like a black drain. Several perennial rivers like the Ganga and Brahamputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over-pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding ground water for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.

3. In our opinion it is science alone which can solve this problem (as well as the other gigantic problems facing the country).

4. India has a strong heritage of science. With the aid of science we had built mighty civilizations thousands of years ago when most people in Europe (except in Greece and Rome) were living in forests. We had made outstanding scientific discoveries and inventions in the past (see Will Durants’ ‘The Story of Civilization : Our Oriental Heritage). However, we subsequently took to the unscientific path of superstitions and empty rituals, which has led us to disaster. The way out therefore for our nation is to once again turn to the scientific path shown by our ancestors - the path of Aryabhatta and Brahmagupta, Sushrut and Charak, Ramanujan and Raman.

5. It is indeed sad that a country like India which scientifically solved the problem of town planning 6000 years ago in the Indus Valley Civilization and which discovered the decimal system in Mathematics and Plastic Surgery in Medicine in ancient times, and is largely managing Silicon Valley in U.S.A. today has been unable to solve the problem of water shortage till now. In our opinion there is no dearth of eminent scientists in the field who can solve this problem, but they have not been organized and brought together and not been requested by the Central and State Governments to do their patriotic and sacred duty to solve this problem, nor given the facilities for this.

6. In our opinion the right to get water is a part of the right to life guaranteed by Article 21 of the Constitution. In this connection, it has been observed by the Court in Delhi Water Supply & Sewage Disposal Undertaking and Anr. vs. State of Haryana and Ors.2 1996(2) SCC 572 :

“Water is a gift of nature. Human hand cannot be permitted to convert this bounty into a curse, an oppression. The primary use to which water is put being drinking, it would be mocking nature to force the people who live on the bank of a river to remain thirsty”..........

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