Water is the essence of life and its importance cannot be undermined in any way. However, it is a fact interesting to note that even after being such an important part of life, no State expressly recognises right to clean water as a fundamental right for its citizens.
Presented hereunder is an analysis of responsibility of
States and business enterprises in ensuring clean water to its citizens.
RIGHT TO WATER AS
A FUNDAMENTAL RIGHT:
While the 1st
generation Human Rights focusses on the civil and political rights of an
individual, the 2nd generation Human Rights pertains to socio-economic rights
of an individual which, inter alia, comprise
of right to clean environment, right to education and right to adequate
standard of living. Therefore, even if no State expressly recognises the right
to water as a fundamental right, it remains a basic right of individual and
cannot be disregarded. It becomes the duty of every State to ensure clean water
for its citizens.
India
recognises its right to water in Chapter
III, article 21 of the Constitution of India, which is the main pillar
providing support to the basic rights of individuals.
“No person shall be deprived of his life
or personal liberty except according to procedure established by law.”
The abovementioned
Article has been interpreted in the wider sense and not only includes physical
act of breathing, but also includes all other rights of an individual which
makes his/her life worth living. Access to clean water is one of the essentials
required for decent living of an individual and thus automatically falls under
the ambit of ‘right to life’. This ‘right to life’ cannot be revoked under any
circumstance and therefore it becomes all the more important for the State to
see whether these rights are properly enforced or not.
The current Government
of Delhi formed by Aam Aadmi Party (AAP) recognises the importance of this
right and provides water for every individual and gives upto 20 KL per month of
free water to its domestic consumers having functional water meter.
Even internationally, the International Covenant on Civil and
Political Rights and International
Covenant on Economic, Social and Cultural Rights have duly acknowledged in
their declarations that the right to adequate standard of living necessarily includes
access to clean water. The United Nations Organisation, in UN Water Conference,
resolved back in 1977 that every individual, irrespective of his/her
socio-economic status has the right to have access to safe drinking water for fulfilling
their basic needs.
ENFORCEABILITY
BY THE STATE:
Especially in
the Indian perspective, it is not only a responsibility but also a duty of the State
to ensure that the right to have access to clean water of every individual is
not violated. The Directive Principle of State Policy as regards provision of
clean water to its citizens is now brought under the realm of duties of the
State. The Supreme Court of India has held in various cases that it
is imperative on the State Governments to ensure proper water supply and
storage for its citizens. The State List given under Schedule VII of the Constitution of India also provides for the states in India
to provide water to its citizens.
Despite all
the constitutional provisions, it is rather interesting to note that even
though the right to have access to water is an important socio-economic right,
many States, including India to an extent, have not been able to fully enforce this right simply because of
lack of adequate resources.
ENFORCEABLITY BY THE BUSINESS HOUSES:
The Government of India has
delegated some of its responsibilities to business houses under the Companies Act, 2013 (the Act). Although
integration of business activities with Human Rights is a concept that has been
around for many years, it is only recently that the issue has gained importance
with onset of concept of Corporate Social Responsibility by the corporate
houses. Schedule VII of the Act
mandates the competent companies u/s 135
of the Act to invest certain proportion of its profits, inter alia, towards eradication of
hunger, poverty and malnutrition, promotion of preventive health care and
sanitation, and availability of safe drinking water.
Apart from
this, another emerging trend in the business arena is the enforcement of human
rights by body corporates and business enterprises. With privatisation of water
becoming a common phenomenon in many countries, it is only justified that the
business enterprises along with the States ensure that the right to have access
to water is not only enforced, but also not violated.
In the case Perumatty Grama Panchayat v.
State of Kerala [2004 (1) KLT 731], Hindustan Coca Cola Beverages Ltd.
established a factory in Plachimada in Palakkad district in Kerala and derived
large quantities of groundwater for its production purposes. The village
Panchayat opposed drawing of ground water in the area and did not renew the
license of the factory once it expired. The Kerala High Court, in this case
held that the Panchayat was right to not renew the license and thereafter
enforced the fundamental right of individuals in the area- the right to have
access to clean water. The Court ordered the company to pay compensation for
the difficulties faced by the inhabitants of the area due to alarmingly low
levels of groundwater in the area.
The Supreme Court, in various other
cases, has time and again reiterated the importance of fundamental rights and
held that rights of people are and will be important than the financial losses
the enterprise suffers.
CONCLUSION:
Even though the
question whether business enterprises are liable to ensure socio-economic
rights of the people still remains unanswered with too many loose ends, from the
above study, it can be conveniently said that the business houses do not only
have a moral, but to an extent, also a legal obligation to safeguard the such
rights of the individual which essentially includes the right to have access to
water. Even though there is a long way to go before business houses are held as
liable as the Sate for enforcement of these rights, the integration of human
rights with business has already begun and the day is not far away when it will
become a reality. Businesses take so much from the society and it is justified
that they give it back in some form or another.
SOURCES:
The Companies Act, 2013;
The Practical Lawyer [June 2016 Edition];
Teachings of Prof. Jernej Letnar Cernice,
Summer Course on Business and Human Rights, Indian Law Institute, New Delhi;
The Curious Game of Right to Water [(2016)
PL HR June 82];
www.indiankanoon.com
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