The Bombay High Court has observed that access to clean and potable drinking water is a fundamental right under the Constitution, while questioning why citizens in Maharashtra are still compelled to approach courts for such a basic necessity even after 75 years of independence. The remarks came during hearings related to long-pending public interest litigations concerning water scarcity in the tribal Melghat region of Amravati district.

A division bench comprising Justices Ajay Gadkari and Kamal Khata made the observations while hearing petitions filed in 2007 that raise concerns over malnutrition, inadequate healthcare, and the lack of safe drinking water in tribal areas. The court was informed that several villages in Melghat continue to face acute water shortages, particularly during the summer months, with irregular tanker supply worsening the crisis.

Expressing concern over the situation, the bench questioned the state’s response to recurring shortages, noting that a progressive state like Maharashtra could not justify its inability to ensure access to drinking water. The judges emphasised that water is directly linked to the right to life under Article 21 of the Constitution and cannot be treated as a discretionary welfare measure.

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During the hearing, the court also sought clarity from the Maharashtra government on whether it has a comprehensive policy or scheme to ensure universal access to drinking water. It criticised submissions suggesting that water supply would depend on an “indication of need,” with the bench asserting that such an approach was inadequate for a fundamental requirement of life.

The judges further highlighted that citizens in remote and tribal regions, including Melghat, continue to suffer from severe deprivation, with reports of contaminated water and health risks persisting for years. The court observed that residents were not seeking subsidies or special benefits but the enforcement of their basic constitutional rights, including safe drinking water.

The bench directed the state government to submit details of existing schemes aimed at ensuring universal water access and explain how these measures are being implemented across Maharashtra. It also expanded the scope of the discussion beyond Melghat, noting that water scarcity remains a broader issue across multiple regions of the state and requires systemic solutions rather than temporary relief measures such as tanker supplies.

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