'Article 21 Includes Right To Clean Drinking Water': MP High Court Asks State To Stop Supply From Contaminated Sources In Indore

The Madhya Pradesh High Court on Tuesday (January 6) issued slew of directions in a plea highlighting the serious public health emergency related to the supply of unsafe and contaminated drinking water in affected areas in Indore which had resulted in mass illness and loss of human life.On December 31 the court had directed the Indore Municipal Corporation to ensure the supply of clean drinking water to the residents of Bhagirathpura locality in Indore city. Per the news reports published, eight people, including elderly citizens, have died due to the water. Additionally, more than 1100 residents were affected within a short span of time, out of whom over 110 required hospitalization.During the hearing today a division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi orally observed that the incident has brought disrepute to the city, which was once recognised as the cleanest city of the country and has attracted international attention for all the wrong reasons. On December 31, the Court had directed the State Government and Municipal Corporation to submit a status report detailing the number of hospitalized residents, the treatment being provided and the medical facilities made available. The court had also ordered the Corporation to ensure the supply of clean and safe drinking water to the affected areas.During the hearing today, the counsel for the petitioner submitted that despite the Court's earlier directions, the water being supplied remained contaminated and unfit for consumption. Several complaints were filed by the residents, including allegations that the affected persons were not receiving adequate medical treatment. It was further argued that the residents had raised the concerns before the incident, but no action was taken. The petitioner contended that timely action and preventive measures could have averted the tragedy. A Senior Advocate appearing in the matter highlighted that a freshwater pipeline project was notified in 2022; however, due to non-disbursement of funds, the project was never implemented. He further referred to testing conducted by the MP Pollution Board in 2017-18, wherein they collected 60 samples from across the city, out of which 59 failed the quality tests. Despite the alarming results, he contended, the Municipal Corporation failed to take any corrective measures. The petitioner argued that the responsible officers were liable not only under civil law but also under criminal law. They sought the constitution of a high-level committee to inquire into the incident and to fix responsibility for administrative lapses. While dictating its order the court said, "It is important to mention that the Right to life under Article 21 also includes the Right to clean drinking water".Observing that all petitions related to public health emergency squarely fall within the ambit of Article 21, the court passed the following directions. Immediate and Emergency Measures: 1. The respondents shall ensure the immediate supply of safe drinking water through tankers, at government costs, to all affected areas. 2. Immediate stoppage of water supply from contaminated sources including specific pipelines, borewell and river sources 3. Provision of prompt medical treatment to all affected people4. Free medical treatment in government hospitals as well as panelled private hospitals. Preventive and Corrective Measures:1. Comprehensive water quality testing of all pipelines and supply sources. 2. Replacement of old and damaged pipelines, particularly where the sewage and water pipelines run parallel. 3. Installation of online water quality monitoring systems. 4. Strict implementation of Chlorination and disinfection protocols.5. Preparation and implementation of a long-term water safety plan for Indore. With regard to issues of accountability, disciplinary action, compensation, direction to local bodies and public awareness and transparency, the Court stated that these aspects would be considered after the respondents file their detailed replies. Noting that contaminated water is not limited to Indore but is a statewide concerns, the Court directed the Chief Secretary of State to appear via VC on the next date of hearing to appraise about the measures taken to prevent water contamination across the State. The court further directed the Commissioner of Indore, Municipal Corporation, Indore Collector, Chief Health Officer, Chief Engineer, and Joint Director of Urban Administration to ensure strict complaince with the interim directions, including the immediate supply of safe drinking water, stoppage of contaminated supply and medical treatment. The matter was listed for January 15, 2026. Case Title: Ritesh Inani v State [WP-50628-2025]

'Article 21 Includes Right To Clean Drinking Water': MP High Court Asks State To Stop Supply From Contaminated Sources In Indore

Jayanti Pahwa

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