REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION(C) NO.230 OF 2001

M.K.Balakrishnan & Others Petitioners

versus

Union of India & Others Respondents

O R D E R

On  26th March,  2009  we  had  passed  a  detailed  order  relating  to  the  

problem of water shortage in our country and we had issued notice to the Secretary,  

Ministry of Science & Technology asking him to file a counter affidavit within four  

weeks stating what measures have been taken to solve the water problem in the  

country and for implementing the recommendations given by one of us (Hon’ble Mr.  

Justice Markandey Katju) in the decision in State of Orissa vs. Government of India  

& another JT 2009(2) SC 233.

Despite having immense reservoirs of water in the form of the  Himalayas  

in the North and the Arabian sea, Indian Ocean and the Bay of Bengal in the West,  

South and East of India, there are water shortages everywhere often leading to riots,  

road blocks and other disturbances and disputes for getting water.  In many cities,  

in many colonies people get water for half an hour in a day, and  

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sometimes  not  even  that  e.g.  in  Delhi,  South  India,  Rajasthan,  U.P.,  Madhya  

Pradesh, Orissa, Maharashtra, Northeast, etc..  In large parts of rural areas there is

shortage of water for irrigation and drinking purpose.  Rivers in India are drying  

up, ground water is being rapidly depleted, and canals are polluted.  The Yamuna in  

Delhi  looks  like  a  black  drain.   Several  perennial  rivers  like  the  Ganga  and  

Brahamputra are rapidly becoming seasonal.  Rivers are dying or declining, and  

aquifers  are  getting  over-pumped.   Industries,  hotels,  etc.  are  pumping  out  

groundwater at an alarming rate, causing sharp decline in the groundwater levels.  

Farmers are having a hard time finding ground water for their crops e.g. in Punjab.  

In many places there are serpentine  queues of exhausted housewives waiting for  

hours to fill their buckets of water.  In this connection John Briscoe has authored a  

detailed World Bank report, in which he has mentioned that despite this alarming  

situation there is widespread complacency on the part of the authorities in India.      

In our opinion it is science alone which can solve this problem ( as well as  

the other gigantic problems facing the country).

India has a strong heritage of science.  With the aid of science we had  

built mighty civilizations thousands of  

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years ago when most people in Europe (except in Greece and Rome) were living in  

forests.  We had made outstanding scientific discoveries and inventions in the past  

(see Will Durants’ `The Story of Civilization : Our Oriental Heritage).  However, we  

subsequently took to the unscientific path of superstitions and empty rituals, which  

has led us to disaster.  The way out therefore for our nation is to once again turn to  

the  scientific  path  shown  by  our  ancestors  –  the  path  of  Aryabhatta  and  

Brahmagupta, Sushrut and Charak, Ramanujan and Raman.

It is indeed sad that a country like India which scientifically solved the  

problem of town planning 6000 years ago in the Indus Valley Civilization and which  

discovered the decimal system in Mathematics and Plastic Surgery in Medicine in  

ancient  times,  and  is  largely  managing  Silicon  Valley  in  U.S.A.  today  has  been  

unable to solve the problem of water shortage till now.  In our opinion there is no  

dearth of eminent scientists in the field who can solve this problem, but they have  

not been organized and brought together and not been requested by the Central and  

State Governments to do their patriotic and sacred duty to solve this problem, nor  

given the facilities for this.

In our opinion the right to get water is a part of  

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the right to life guaranteed by Article 21 of the Constitution.  In this connection, it  

has  been  observed  by  the  Court  in  Delhi  Water  Supply  &  Sewage  Disposal  

Undertaking and Anr.  vs.  State of Haryana and Ors. 1996(2) SCC 572 :

“Water  is  a  gift  of  nature.   Human hand  cannot  be  permitted to convert this bounty into a curse, an oppression.  The primary use to which water is put being drinking, it would  be mocking nature to force the people who live on the bank of a  river to remain thirsty”……….

 Similarly in Chameli Singh & Ors. vs.  State of U.P. & Ors. 1996(2) SCC  

549 this Court observed :

“……….Right  to  live  guaranteed  in  any  civilized  society  implies the right to food, water, decent environment, education,  medical care and shelter.  These are basic human rights known  to any civilized society.  All civil, political, social and cultural  rights enshrined in the Universal Declaration of Human Rights  and Convention or under the Constitution of India cannot be

exercised without these basic human rights.”………..    

We,  therefore,  direct  the  Central government to forthwith constitute  a  

Committee to address the problems referred to in our order dated 26th March, 2009  

which shall do scientific research on a war footing for solving the water shortage in  

most parts of our country because of which  

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our people are suffering terribly.  Without water there can be no life, as the Hindi  

poet Rahim wrote, and Article 21 of our Constitution guarantees the right to life to  

all persons living in India.

The Central Government is, therefore, directed to form this Committee to  

address the water shortage problem at the earliest, latest within two months from  

today.   This  Committee  shall  have  the  Secretary,  Union  Ministry  of  Science  &  

Technology as its Chairman.  Amongst the members of the Committee will be the  

Secretary,  Union  Ministry  of  Water  Management.   The  other  members  of  the  

Committee  will  be  scientists  specialized  in  the  field  of  solving  water  shortage  

problems nominated by the Chairman of the Committee and they are requested to  

take  help  from foreign  scientists  specialized  in  this  field.   The  members  of  the  

Committee should regard this work as a patriotic duty,  and the entire people of  

India including N.R.Is. settled abroad should help this Committee.

The Committee is directed to do scientific research  on a war footing to  

solve the water shortage in the country.   In particular the Committee shall do the  

following:

(a) Scientific research on a war footing to find out inexpensive methods  

of converting saline water into fresh water.  This will be very useful in  

the  

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coastal states because the sea has almost an infinite amount of water reserves  

and the only problem is to find out an inexpensive methods to convert it into  

fresh water.  The present methods like distillation, reverse osmosis etc. are  

very expensive methods and cannot be afforded by a poor country like India.  

Hence we have to find out inexpensive methods and this is only possible by  

scientific research.  

(b) Scientific  research  to  find  out  methods  of  harnessing  and  

managing monsoon rain water and also to manage the flood waters and also  

to do research in rain water harvesting, and treatment of waste water so that  

it may be recycled and available as potable water.   

© Any other methods or suggestions including for matters for protection  

and preservation of wet lands and matters connected thereto.

This  Committee  should  be  given  all  the  financial,  technical  and  

administrative help by the Central and State Governments for this purpose.  The  

Committee is requested to do patriotic duty to the nation in this connection, and by  

scientific research to find out the ways of solving the water shortage problem in the  

country.  The help and advice of foreign scientific experts and/or Indian scientists  

settled abroad who are specialized in this field may also be taken, since the solution  

to the problem will not only help India but also foreign countries which are facing  

the same  

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problem, some of which may already have progressed significantly in  this  

area.  

In our opinion, this is absolutely essential now because the whole country  

is reeling under acute shortage of water as referred to in our order dated 26th March,  

2009, some details of which have been given in the said order.

We propose to monitor this case from time to time.  For this purpose this  

matter will be listed on the second Tuesday possibly of every alternative month.  List  

again on the 11th August, 2009, on which date a progress report will be submitted  

before us by the  Chairman of  the  Committee who is  requested to  be personally  

present before us.  Thereafter the case will be listed on the 20th October, 2009 and so  

on.

The Registry of this Court shall send a copy of this order to the members  

of the Committee mentioned above.

........................J. [MARKANDEY KATJU]

New Delhi; ........................J. April 28, 2009. [H.L. DATTU]