| Abstract |
In India, the Right to Water is not expressly guaranteed either through the Constitution or any legislation. It is an implied right, asserted through a set of laws which confer a duty upon the state through its various agencies to prevent and control water pollution.
This document reflects the very low awareness of the right to water in India and in particular the human rights aspect. Awareness in this area is limited to those who have been experiencing water-related problems in the form of non-availability, scarcity and pollution. But with water crises worsening in the country more and more people start to experience the consequences. The process of privatisation of water is largely responsible for the poor water conditions of millions of poor both in urban and rural areas. These poorer elements of society start raising their voices now against the new national water policy which has paved way for this water privatisation and the handing over of rivers to multinational corporations through BOOT agreements. These water companies threaten to install metres wherever people are using river water for irrigation or for household purposes, thereby inevitably making water unaffordable for many and affecting their right to water.
This document presents an oversight of constitutional and legislative provisions, the national policy in the water domain and of the community empowerment as a reaction to the experienced water unavailability. It presents several lawsuits and judgements in extenso, and underlines the fact that water privatisation is not a suitable solution for the Indian situation.
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