Bombay High Court Pulls Up Maharashtra Govt Over Drinking Water Crisis, Says Progressive State Cannot Give Excuses

Even after 75 years of independence, if a citizen has to approach a constitutional court seeking a direction to the State to provide potable drinking water, in such a circumstance, a progressive State like Maharashtra cannot be heard to be giving excuses for not providing the relief, observed the Bombay High Court on Monday (June 22) while noting that several parts across the State are not getting drinking water. 

A division bench of Justice Ajay Gadkari and Justice Kamal Khata has asked the Maharashtra Government to show by Tuesday (June 23) any scheme for providing water to all the citizens of the State and implement the same at the earliest. 

"After 75 years of independence, people of India have to approach the court for drinking water? Tell us if there is any scheme of the State for proving drinking water to the citizens? Keep aside Melghat, citizen across Maharashtra has to approach the court for relief for drinking water. Water has to be supplied. It has to be there. We want implementation of the scheme. Orders after orders have been passed. State is doing little, that's why people are approaching the court," the judges orally observed. 

Justice Gadkari even reminded the State of the speech delivered by Dr BR Ambedkar while introducing the Constitution of India in the Constituent Assembly. The judges took exception to a line in an affidavit of the State, which stated that whenever there is an 'indication' water will be supplied. 

"Do you not remember what Dr Ambedkar said in his speech during the introduction of our Constitution? Why do you need indication? Water must be supplied... Tell us how will you provide drinking water to the last person of any village, provided you consider that person as a citizen of India... Give us a scheme tomorrow itself by which each and every citizen will get drinking water... They are not asking for any subsidy they are here for their fundamental rights," Justice Gadkari remarked. 

The observations were made while hearing a group of petitions pending since 2007 highlighting the lack of basic facilities from drinking water, nutritious food, medical facilities etc in the tribal belt of Melghat region in Maharashtra, where hundreds of children, lactating mothers, pregnant women die annually owing to malnutrition and lack of access to medical facilities. 

Senior Advocate Jugalkishore Gilda appearing for the petitioners highlighted the fact that from last eight days there has been no water supply in Melghat. To this, the bench said that the State will have to provide potable drinking water to each and every citizens irrespective if s/he lives in Melghat or some other region. 

"You are a progressive State... You cannot come up with any excuse for not giving drinking water to the citizens... It is their fundamental right," Justice Gadkari made it clear.

With these observations, the bench adjourned the hearing till Tuesday for the State to spell out its scheme for providing drinking water facility to all the citizens. 

Case Title: Dr Rajendra Sadanand Burma vs State of Maharashtra (PIL/133/2007)