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Ensuring the ‘Right to Clean Water for All’, Even Behind Bars!

two women stand by a handpump as they fill water. You can see huts in the background. A topless man is seated by one of the huts.

For centuries, the daily chore of carrying bucket loads of water from well to home has fallen on the shoulders of the village's women. In the wake of the 2004 Indian Ocean tsunami and 2005 Nias earthquake, ADB provided over US$ 20 million for the construction and rehabilitation of water and sanitation services in 400 villages in Nias and Aceh. Onohondro village received six clean water taps – one for every 50 families in the village. All of the taps are situated along the "e wali", the cobblestone avenue stretching through the middle of the village.

Recent news reports highlighting the water scarcity and dire conditions faced by prisoners in Taloja jail have stirred a deep sense of concern and compassion within me. While water scarcity is a global issue, it is essential to recognize that access to clean water is a fundamental human right, even for those deprived of their freedom. The recent directives from the Bombay High Court demanding adequate clean drinking water for inmates reflect the urgency of addressing this pressing issue. We must remember that everyone deserves access to safe drinking water and sanitation regardless of their circumstances.

With just 18 percent of the global population, this country is faced with a scarcity of water resources, accounting for only 4 percent worldwide. As a result, it ranks among the most water-stressed nations in the world. A recent report by the NITI Aayog, the government’s policy think tank, reveals that many regions experience high to extreme water stress. The challenge is further compounded by India’s reliance on an increasingly unpredictable monsoon season to meet its water needs. As climate change progresses, the strain on water resources is expected to intensify, leading to more frequent and severe floods and droughts. Groundwater is a vital source for irrigation and rural and urban water supply. However, the excessive exploitation of this invaluable resource has resulted in its depletion.

The right to safe drinking water and sanitation is a fundamental human right. The United Nations General Assembly’s resolution in 2010 emphasized that access to clean water is essential for the full enjoyment of life and all other human rights. This recognition has been reaffirmed by both the General Assembly and the Human Rights Council, emphasizing the interconnected yet distinct nature of water and sanitation rights.

International human rights law obligates nations to strive towards universal access to water and sanitation without discrimination, focusing on the most vulnerable populations. The Committee on Economic, Social, and Cultural Rights, through its General Comment No. 15, has provided essential guidelines for states to implement and uphold these rights. The Special Rapporteur on the human right to safe drinking water has also played a crucial role in shaping this discourse.

Key Elements of Water and Sanitation Rights: The principles outlined by international human rights bodies emphasize crucial elements that must be addressed to ensure the fulfillment of these rights:

1. Availability: Adequate and uninterrupted water supply for personal and domestic use, along with accessible sanitation facilities, is essential to meet the needs of all individuals, including prisoners. Healthcare and educational institutions, workplaces, and public spaces should also have appropriate facilities.

2. Accessibility: Water and sanitation facilities must be physically accessible and within safe reach, considering the diverse requirements of different groups, such as persons with disabilities, women, children, and older persons.

3. Affordability: Water services should be affordable, ensuring financial constraints allow people access to safe drinking water.

4. Quality and Safety: Water used for personal and domestic purposes must be free from harmful substances threatening health. Sanitation facilities must be hygienically safe, preventing the spread of diseases.

5. Acceptability: Cultural appropriateness, gender sensitivity, and respect for privacy must be considered in the design and implementation of water and sanitation facilities.

Recognizing the fundamental human right to safe drinking water and sanitation is crucial, irrespective of an individual’s circumstances, including those within correctional facilities. The recent directives regarding providing clean drinking water to Taloja jail inmates serve as a reminder that we cannot overlook the plight of individuals behind bars. Our collective responsibility is to ensure that universal access to safe drinking water and sanitation is upheld, embracing the principles of availability, accessibility, affordability, quality, and acceptability.

We must work towards a society where no person is denied their fundamental human rights regardless of their confinement. By addressing the pressing water and sanitation needs of all individuals, including prisoners, we can achieve justice, dignity, and equality for all. It is incumbent upon the authorities and relevant stakeholders to take immediate action and develop comprehensive strategies to ensure access to clean water and sanitation in correctional facilities. Providing these basic necessities not only upholds human rights but also contributes to prisoners’ well-being, rehabilitation, and overall human dignity.

Furthermore, efforts should extend beyond correctional facilities and address water scarcity issues nationwide. Investing in sustainable water management practices, promoting water conservation, and raising awareness about the importance of responsible water usage is crucial. Collaboration between government agencies, civil society organizations, and the private sector is vital to implement practical solutions, leveraging innovative technologies, and sharing best practices.

Let us not forget that water is a precious resource for life and preserving human dignity. Our moral duty is to ensure that no one, including prisoners, is denied their fundamental human right to safe drinking water and sanitation. Together, we can build a society where access to clean water is universal, leaving no one behind.

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