A division bench of Justice Ajay Gadkari and Justice Kamal Khata of the Bombay High Court on Monday (June 22) strongly criticized the Maharashtra Government and questioned why, even after more than 75 years of independence, people still have to approach courts for something as basic as drinking water.

High Court Questions State on Drinking Water:

The court asked the State to explain whether it has any scheme to provide drinking water to citizens and directed it to submit a concrete plan by Tuesday (June 23) showing how it will ensure potable water reaches every resident of Maharashtra.

“Why Must Citizens Go to Court for Water?”

The judges remarked:

"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,"

Petitions Highlight Conditions in Melghat:

The court was hearing long-pending petitions, some of which were filed as far back as 2007. These petitions claim that people in Melghat, a tribal region of Maharashtra, continue to face serious shortages of basic necessities such as drinking water, nutritious food and medical care. The petitions also point to repeated cases of malnutrition and preventable deaths among children, pregnant women and lactating mothers in the region.

Court Rejects Conditional Water Supply:

During the hearing, Justice Gadkari referred to Dr. B.R. Ambedkar’s speech made while introducing the Constitution. He objected to a statement in the State Government’s affidavit that drinking water would be supplied only when there was an “indication” of need, and made it clear that such a conditional approach was unacceptable.

“Water Must Reach Every Citizen”

Justice Gadkari observed:

"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,"

Senior Advocate Jugalkishore Gilda, appearing for the petitioners, told the court that Melghat had gone without water for the past eight days.

Referring to this, the bench stressed that the State must ensure drinking water reaches every citizen, whether in Melghat or any other part of Maharashtra.

Justice Gadkari further stated:

"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.

State Asked to Submit Action Plan:

The court adjourned the matter to Tuesday and directed the State Government to place before it a clear and actionable plan to ensure drinking water for all residents of Maharashtra.

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