Orissa HC orders equal access to drinking water in Sambalpur village

Cuttack: Taking strong note of alleged caste-based discrimination in access to drinking water in a village in Sambalpur district, Orissa high court has directed the state govt to ensure that no resident is denied use of a public tube well on the basis of caste or religion.A division bench of Chief Justice Harish Tandon and Justice M S Raman gave the direction while hearing a PIL filed by five residents of Bauriguda, who alleged that authorities had failed to repair a defunct tube well in the village, depriving a section of the community access to clean drinking water. The petitioners also raised concerns about caste-based exclusion in the use of water.On Aug 22, the court had directed the state to repair or reinstall the tube well within 48 hours.

“It is really unfortunate that the petitioners have to approach the court by filing the public interest litigation flagging several issues, which the makers of the Constitution eradicated such notions by bringing equality amongst the citizenry,” it observed.During the hearing on Sept 1, additional govt advocate Sanjay Rath submitted a letter from the block development officer (BDO) of Kuchinda, stating that the tube well — over 25 years old — was beyond repair.

A new tube well had been installed within 20 metres of the original site, restoring water supply to the village.The court acknowledged that the primary grievance had been addressed, but took serious exception to any form of discrimination in access to essential services. The bench said it is inconceivable that a section of society would be deprived of govt-provided facilities based on caste or religion in the 21st century.

“The state, being secular, has no religion. It must ensure the equal enjoyment of rights as enshrined under Articles 14 and 15 of the Constitution,” the bench observed in its order, uploaded on Friday.The bench further said that denial of water to any citizen on discriminatory grounds was a violation of human dignity and constitutional ethos.The court directed the state to take strict action, as per law, against any individual or group found obstructing access to the tube well on the basis of caste or religion. “Any section of society that encroaches upon the constitutional foundation must face legal consequences,” the order stated.