The Bombay High Court lambasted the Maharashtra government over the continuing drinking water crisis in the tribal regions of Melghat and Dharni in Vidarbha, observing that it was deeply disturbing that citizens were still compelled to approach constitutional courts for access to safe drinking water, even after 75 years of Independence.
The Division Bench of Justice AS Gadkari and Justice Kamal Khata made these observations on Monday, while hearing a batch of Public Interest Litigations concerning malnutrition-related deaths among tribal children, pregnant women and lactating mothers in the Melghat region of Amravati district.
The Court took serious note of reports that 13 people had died and 86 were hospitalised in Dharni tehsil in 2025 after allegedly consuming contaminated water. It observed that access to clean and potable drinking water was a fundamental right guaranteed under the Constitution and that the state had a corresponding obligation to ensure its availability to every citizen.
During the proceedings, the Bench questioned why people were still being forced to seek judicial intervention for something as basic as drinking water. The Court remarked that not only Melghat, but several parts of Maharashtra were facing water scarcity and stressed that a progressive state could not justify the situation through administrative explanations or procedural difficulties.
The counsel appearing for the state apprised the Bench that potable water was being supplied through tankers at regular intervals. However, the petitioners disputed the claim and submitted that the supply remained irregular and inadequate in several villages. The Court observed that the government was merely discharging its constitutional and statutory duties and was not extending any special favour by providing tanker services.
It further referred to submissions made during an earlier hearing in April, when Senior Advocate Jugalkishore Gilda, appearing for some of the petitioners, had pointed out that several tribal villages were left without drinking water for up to eight days at a stretch.
Attention was also drawn to the 2025 contaminated water incident and to the disruption of healthcare services caused by unpaid dues of approximately Rs 31 lakh owed to fuel pump operators supplying diesel for mobile health units operating in remote tribal areas.
Expressing dissatisfaction with the state’s response, the Bench emphasised that repeated judicial directions had already been issued regarding the implementation of drinking water schemes, yet the problem persisted. The Court stated that the recurring need for litigation reflected a failure of effective governance and implementation at the administrative level.
The judges further sought details of the government’s strategy for ensuring that potable drinking water reaches every resident, including those living in the most remote villages.
Stressing the need for immediate and practical solutions, the Court directed the state government to place on record an actionable and implementable scheme for providing safe drinking water and to specify a timeline for resolving the crisis.
Observing that access to clean water could not remain an unfulfilled promise in a welfare state governed by constitutional principles, the High Court directed the Maharashtra government to submit a concrete plan and report on the steps taken to address the shortage.
The matter has been posted for further hearing, with the Court expecting the State to present a workable roadmap for ensuring uninterrupted access to potable drinking water in the affected regions.
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