Access To Clean Water Part Of Article 21: Karnataka High Court Directs State To Frame SOP For Maintenance Of Drinking Water Facilities

The Karnataka High Court has directed the State Government to prepare a comprehensive Standard Operating Procedure (SOP) for the maintenance of the facilities by which it provides drinking water to citizens in the state.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind, said “The State has a fundamental duty to supply drinking water fit for human consumption. Access to clean water is not charity, it is a constitutional promise woven into the fabric of fundamental rights. Every individual's right to life encompasses the right to access pure and safe drinking water.”

The bench observed thus while disposing of a public interest litigation filed by advocate Ramesh Naik L highlighting the issue of contamination of drinking water in the various districts of the State.

The bench noted that contention (of petitioner) that contamination of drinking water arises due to failure in maintaining the facilities is a matter of serious concern.

It referred to infrastructure facilities enumerated by the state government to provide clean water and said, “The mere establishment of infrastructure for the supply of drinking water does not absolve the State of its constitutional obligation unless such infrastructure is maintained periodically and scientifically to ensure the continuous supply of pure and safe drinking water.”

The infrastructure for water supply, includes purification plants, underground tanks, overhead tanks, pipelines, borewells, and Reverse Osmosis (RO) plants.

“All these facilities require timely and scientific maintenance,” it said.

It thereafter said:

"The State Government shall prepare a comprehensive Standard Operating Procedure (SOP) for the maintenance of the facilities as directed hereinabove. The said SOP shall be submitted to this Court for perusal and compliance within two months from the date of this order". 

It further observed that though the State has furnished details regarding the existing infrastructure for drinking water supply, there is a conspicuous absence of information or material relating to the maintenance of such facilities.

It said “Even if the infrastructure is in place, the failure to maintain it, thereby depriving individuals of access to pure drinking water, amounts to a failure on the part of the State to discharge its constitutional obligations.”

Accordingly it issued the following directions to the state government for regular maintenance of infrastructure facilities:

Purification plants installed for water lifted from the dam

• Treatment plants require scientific and periodic maintenance to ensure proper functioning.
• The treatment of water shall be as per the standard scientific norms and formula.
• The State Government shall maintain detailed records of the scheduled maintenance activities and the nature of such maintenance. These records shall be preserved systematically and produced before this Court as and when called for. Foregoing requirements and directions shall apply to all treatment plants across the State.

Underground and Overhead tanks

• The State and its authorities shall undertake periodic maintenance of these tanks in a scientific manner to ensure that the water stored therein is not contaminated. Detailed records of such maintenance shall be maintained by the State and its authorities and produced before this Court when called for.
• Further, the State shall issue guidelines specifying the scientifically determined periodic intervals required for the maintenance of underground and overhead tanks. The maintenance shall be carried out strictly in accordance with these prescribed intervals.

Pipelines and bore wells.

• The State and its authorities shall formulate a comprehensive roadmap for the inspection, maintenance, and replacement of pipelines in a periodic and scientific manner.
• Detailed records of such inspections and maintenance shall be maintained and made available to this Court when called for. A similar exercise shall be implemented for the maintenance of borewells to ensure that water drawn therefrom is fit for human consumption.

Reverse Osmosis Plant (RO)

• The State shall issue comprehensive guidelines prescribing the intervals at which maintenance of RO plants shall be conducted. The State shall further ensure that such maintenance is carried out strictly in accordance with the prescribed intervals.
• All non-functional RO plants shall be restored to full working condition within one month from the date of this order to ensure uninterrupted supply of pure drinking water in the respective localities.
• The State shall ensure that the concerned authorities maintain detailed records of all maintenance activities carried out in accordance with the prescribed intervals. Since water is supplied on payment, the total amount collected at each RO plant, as well as the expenses incurred for periodic maintenance including replacement or cleaning of filters and any other components of the mechanism shall be systematically recorded and maintained.
• The maintenance of RO plants shall be witnessed by the concerned Panchayath Development Officer (PDO) in rural areas and by the designated local body officer in urban areas. In addition, such maintenance shall be witnessed and acknowledged by the local elected representative of the Panchayath or local body, as well as by the Headmaster or Headmistress of a nearby Government school.
• Any manipulation or falsification in this regard shall be viewed with utmost seriousness by the Court. It is needless to emphasize that comprehensive records of maintenance activities and related accounts shall be systematically maintained and produced before this Court when called for.

Finally the court said “The responsibility for ensuring such compliance should be fixed on the concerned authorities. Accordingly, this Court deems it appropriate to direct the Deputy Commissioner of the respective District to oversee and ensure compliance with the maintenance of the facilities, as well as the proper upkeep of records documenting such compliance.”

Appearance: Advocate Ramesh Naik L party in person.

AGA Niloufer Akbar for Respondents.

Citation No: 2025 LiveLaw (Kar) 189

Case Title: Ramesh Naik L AND State of Karnataka & Others

Case No: WP 9911/2024

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