High Court says access to safe water is a fundamental right

The court gives a set of instructions regarding ensuring clean drinking water for everyone

The High Court has declared access to water for drinking and daily use is a fundamental right of every individual of the country.

A bench comprising Justice Md Ashraful Kamal and Justice Kazi Waliul Islam issued the verdict on Thursday.

In 2020, a High Court bench of Justice Kamal and Justice Sardar Md Rashed Jahangir introduced a rule.

Later several lawyers, including Mohammad Humayun Kabir Pallab and Minhajul Islam of the Bangladesh Environmental Lawyers Association, or BELA, were appointed to assist the court on the issue.

Humayun said: “The High Court issued a suo moto rule in 2020 to ensure the availability of safe water for drinking and daily use for every citizen of the country.”

“It asked whether supplying safe drinking water to all citizens of Bangladesh was the responsibility of the state and why access to safe water would not be announced a basic right of every citizen,” he added.

The final hearing of the rule was held on Thursday, he said.

“The court has clearly said in the verdict that according to Article 32 Constitution of Bangladesh, access to safe and clean drinking water is a fundamental right of every citizen and it is the responsibility of the state to ensure it,” he said.

Lawyer Pallab said the court provided directives to ensure the supply of safe drinking water:

Safe drinking water must be ensured for every citizen at every important location in Bangladesh, i.e., courts, religious places of worship, hospitals, railway stations, markets, airports, and every public place, within the next year.

Within the next decade, measures must be taken to ensure safe drinking water at affordable prices for every citizen in Bangladesh.

By 2026, the government must submit a report to the court detailing the steps taken to provide free safe water at all public places.

Pallab said: “This will remain as a running order. The High Court directives in verdicts regarding the Turag River, Sonargaon and Hatirjheel will also be included in the instruction set of this verdict.”

“The government has been instructed to preserve all water sources in Bangladesh so that they do not wither, dry up, become unsafe or contaminated.”

A research report by PPRC and WaterAid stated that only 59 percent of the country's people had access to safe water as of 2021.