Access to Sanitation Recognized as Fundamental Right Under Article 21
Source:Indian Express ↗
Why It Matters
It provides a crucial contemporary example of the expanding horizons of Article 21 and the right to a dignified life. It also serves as a strong case study for GS1 (urbanization issues) and GS2 (governance and local civic body responsibilities) regarding the struggles of the urban poor to access basic amenities like toilets.
Summary
The Bombay High Court has declared that access to adequate sanitation facilities is a fundamental human right falling under the ambit of Article 21 (Right to Life and Personal Liberty) of the Constitution. Adjudicating on the lack of proper toilets in Mumbai slums, the court directed the Brihanmumbai Municipal Corporation (BMC) to ensure sufficient sanitation infrastructure is provided. The ruling underscores the judicial expansion of Article 21 to include living with dignity, basic health, and hygiene. It also highlights the pressing challenges of urbanization, slum development, and municipal governance in Indian metropolises.
Key Points
- The Bombay High Court ruled that access to adequate sanitation facilities is a fundamental human right protected under Article 21 of the Constitution.
- The Brihanmumbai Municipal Corporation (BMC) has been directed to provide sufficient and functional toilets in Mumbai slums.
- The court emphasized that the Right to Life encompasses the right to live with human dignity, which intrinsically includes basic hygiene and sanitation.
- The case highlights the broader challenges of urbanization, particularly the marginalization of the urban poor and the failure of civic bodies to provide basic infrastructure in slums.
Important Terms
Article 21 of the Constitution
Fundamental right guaranteeing 'protection of life and personal liberty.' It prohibits deprivation of life/liberty except by procedure established by law, expanded by courts to include dignity and sanitation.
UPSC context
Polity (GS II); focuses on Fundamental Rights, judicial expansion of 'Right to Life,' and socio-economic entitlements.
Brihanmumbai Municipal Corporation (BMC)
India's wealthiest municipal body, established under the Mumbai Municipal Corporation Act, 1888. It manages civic infrastructure, public health, and sanitation for the Greater Mumbai region.
UPSC context
Governance (GS II); exemplifies Urban Local Bodies (ULBs) and challenges in metropolitan administration and slum management.
74th Constitutional Amendment Act
1992 legislation that granted constitutional status to Urban Local Bodies (Part IXA). It mandates powers, authority, and responsibilities for municipalities to function as self-government units.
UPSC context
Polity/Governance (GS II); crucial for questions on decentralization, urban planning, and local self-government structures.
Twelfth Schedule
A list of 18 functional items (like sanitation, urban planning, and slum improvement) devolved to Municipalities under Article 243W of the Constitution.
UPSC context
Polity (GS II); tests knowledge of municipal functions and the division of powers in urban governance.
Swachh Bharat Mission (Urban)
A nationwide campaign launched in 2014 to eliminate open defecation and improve solid waste management. SBM-Urban 2.0 (2021-2026) focuses on making cities 'Garbage Free.'
UPSC context
Social Justice/Governance (GS II/III); covers public health schemes, sanitation targets, and sustainable urban development.
Judicial Interpretation
The proactive role played by the judiciary in protecting or expanding the rights of citizens, often by interpreting constitutional provisions like Article 21 broadly.
UPSC context
Polity (GS II); relevant to the 'Basic Structure' doctrine and the evolving relationship between the judiciary and executive.
Prelims Trap
The Right to Sanitation is explicitly enumerated as a Fundamental Right under Article 21.
Sanitation is an inferred right under Article 21 (Right to Life with Dignity) via judicial interpretation. It is not explicitly written in Part III.
Static Concepts Connected
Where is urban sanitation explicitly mentioned in the Constitution?
- Seventh Schedule: Public health and sanitation fall under List II (State List) of the Seventh Schedule.
- 12th Schedule: Added by the 74th Amendment, Item 6 explicitly lists public health, sanitation conservancy, and solid waste management.
- Article 243W: Empowers state legislatures to devolve these 12th Schedule functional responsibilities to Municipalities.
How has the judiciary expanded the scope of Article 21?
- Right to Livelihood: The Supreme Court ruled that the right to life includes the right to livelihood (Olga Tellis v. BMC, 1985).
- Right to Privacy: Recognized as an intrinsic part of life and personal liberty (K.S. Puttaswamy v. Union of India, 2017).
- Right to Dignity: Courts continuously interpret Article 21 to include health, shelter, and sanitation as essential for living with human dignity.
Cross-Topic Patterns
Urbanization vs. Right to the City
Slum sanitation links directly to the geographical challenges of rapid, unplanned urbanization, reflecting the broader socio-economic exclusion of the urban poor in GS1.
SBM-Urban and Fiscal Federalism
Judicial mandates for slum infrastructure frequently clash with the limited financial autonomy of Urban Local Bodies, demanding better devolved funding via Finance Commissions.
Expect a Prelims question mixing 12th Schedule items with Article 21 inferred rights, or a Mains Q on judicial activism vs ULB capacity.
Linked PYQs · 3
Linked PYQs · 3
- 2023MainsGS2
“The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty.
- 2023MainsGS1
Does urbanization lead to more segregation and/or marginalization of the poor in Indian metropolises?
- 2024PrelimsGS1
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
