Last week, the Bombay High Court at Goa took suo motto cognisance of water shortage to the residents of La Oceana Colony, Dona Paula, home of the highly influential. The court acted on a letter written by residents complaining about the restricted supply of water to the colony and water being made available for only 1 hour and 15 minutes every day with no supply for several days.
The residents may have heaved a sigh of relief with the court ruling which said: “Since the right to supply clean and hygienic drinking water is an integral part of the right to dignified life guaranteed under Article 21 of the Constitution of India, the Advocate General is requested to ensure that residents of the colony and surrounding areas are provided with adequate supply of water." The court also asked the PWD to ensure that the colony and other surrounding areas are provided with at least 3 hours of daily water.
While the court intervention may help the residents of the colony and possibly residents in the lower reaches of Dona Paula and areas like Caranzalem, Aivao and Hawaii Beach which are also facing a crisis, it raises a new hope for faraway areas of Vasco, Porvorim, Mandrem and Valpoi which have been going without drinking water for days together. The common citizen who up till now has been distressed and seeking justice on human rights and environmental issues, has found a new door open to them when WRD, PWD and virtually every other wing of the system have shut their door on people.
If we may recall, residents across Goa have sat in protests with utensils, moved the PWD offices and even undergone fasts, and realised that none of these worked. Water shortages have been part of Goa's problem for years, and leave alone the promises of 24x7 water supply by successive PWD ministers and the famous Har Ghar Jal programme, citizens have had terrible times. Potable water may be a basic requirement of life, but in Goa, it has been a luxury for many.
The story does not end here. While several areas are supplied water through tankers, not all are privileged to get their fill here also, as the system operates on a priority list of a handful of those in power and the misery of many continues unabated. The water problem of Goa runs deeper, and some politicos who are sitting in plush AC cabins haven't been able to fathom the depth of the issue.
The interim court directive is a welcome one and goes a long way to show that the judiciary has been the last resort, even to resolve water shortages. The Water Right has been protected as a fundamental human right as part of the Right to Life guaranteed under Article 21 of the Indian constitution. Also, the right to equality is implicit in Article 14 (equal treatment of the law). Both these fundamental rights would need to be harmoniously constructed in their application to the constitutional guarantees, and equal protection should be accorded to all citizens that face the same circumstances.
