"Access to Clean Water is a Fundamental Right" — Bombay HC Pulls Up Maharashtra Government Over Water Scarcity Crisis

The Bombay High Court on Monday delivered a pointed constitutional reminder to the Maharashtra government — access to clean and potable water is not a privilege dispensed at the state's discretion, but a fundamental right guaranteed by the Constitution, and the government has an enforceable duty to provide it to every citizen.

The declaration came as the court expressed serious concern over the deepening water crisis across the state, with particular focus on the tribal Melghat region of Amravati district in Vidarbha — an area already reeling under the weight of malnutrition-related deaths.

The Case: Melghat's Ongoing Crisis

A bench of Justices A S Gadkari and Kamal Khata was hearing a batch of petitions that have long flagged a humanitarian crisis in the Melghat tribal belt — a region that has for decades struggled with extreme poverty, malnutrition, and inadequate access to basic healthcare and clean water.

The petitions specifically concern the deaths of infants, pregnant women, and lactating mothers due to malnutrition in the area — a crisis that activists and petitioners argue is a direct consequence of the state's failure to ensure basic constitutional guarantees to its most vulnerable citizens.

Monday's hearing brought the water crisis into sharp focus. The court was informed that amid soaring summer temperatures, the Melghat region was severely affected by a shortage of clean and potable water — compounding the already dire situation on the ground.

13 Deaths from Contaminated Water

The gravity of the situation had already been placed before the court at its last hearing in April, when it was informed that 13 persons had died in the Melghat area due to consumption of contaminated water.

The figure — 13 deaths from drinking dirty water in a single region — underscored what petitioners have argued is not merely an administrative failure but a constitutional violation of the right to life under Article 21.

Government's Response: Tankers. Petitioners: Erratic Supply.

When the matter came up on Monday, the Maharashtra government informed the bench that potable water tankers were being provided to the affected region periodically.

The petitioners, however, pushed back — stating that the tanker supply was erratic, irregular, and insufficient to meet the needs of the population. The on-ground reality, they argued, was far removed from the government's assurances before the court.

Court: You're Not Doing Anyone a Favour

The bench was unsparing in its response to the government's position. It made clear that providing water tankers was not an act of generosity or welfare — it was the bare minimum discharge of a constitutional duty.

"Access to clean and potable water is a fundamental right enshrined in the Constitution, and the government has a duty to provide the same to all its citizens."

The court's use of the word "favours" was deliberate and pointed — pushing back against any framing that positions basic rights as benefits bestowed by the state rather than entitlements owed to citizens.

Beyond Melghat: A Statewide Crisis

Significantly, the court did not confine its concern to the Melghat region alone. It widened the frame — observing that the water scarcity problem was not isolated but symptomatic of a statewide failure:

"Not just the Melghat region but the entire state is facing the issue of water scarcity."

The observation is significant. It signals that the court views this not merely as a localised administrative problem in a tribal pocket, but as a systemic crisis demanding a comprehensive, state-wide response.

The Legal Basis: Water as a Fundamental Right

The Bombay HC's declaration is consistent with a growing body of jurisprudence in India that reads the right to waterinto Article 21 of the Constitution — the right to life and personal liberty.

The Supreme Court has in several judgments held that the right to life includes the right to live with human dignity, which necessarily encompasses access to clean drinking water. Courts across the country have increasingly held that the state's failure to provide potable water constitutes a violation of Article 21.

By invoking this framework in the context of Melghat — where 13 persons have already died from contaminated water — the Bombay HC has placed the Maharashtra government's conduct squarely within the lens of constitutional accountability, not mere administrative shortcoming.

What's Next

The court has directed the Maharashtra government to place on record:

• A definitive timeline for when the water scarcity issue will be resolved 
• Concrete steps already taken and planned to address the crisis

The matter has been posted for further hearing on Tuesday — signalling that the court intends to keep the pressure on the government for a substantive, time-bound response.

Why This Matters

The Melghat crisis is not new. For over three decades, this tribal region has been at the centre of litigation, government promises, and persistent failure. Malnutrition deaths, infant mortality, and lack of basic amenities have been flagged repeatedly — in courts, in committees, and in the media.

Monday's hearing is a reminder that despite years of judicial oversight, the constitutional promises made to India's most marginalised communities remain unfulfilled. The court's declaration that water is a fundamental right is not merely a legal observation — it is a moral indictment of the state's continued inaction.

For the families of the 13 who died drinking contaminated water in Melghat, that indictment is long overdue.