Taking serious note of deaths caused by contaminated drinking water in Indore, the Madhya Pradesh High Court has directed the Chief Secretary to appear via video conferencing and explain steps taken to prevent similar incidents across the State. The Court termed the issue a public health emergency and said the right to life under Article 21 includes access to safe and clean drinking water.
Following the recent deaths caused due to the supply of contaminated drinking water in Indore, the Madhya Pradesh High Court has taken serious note of the issue and passed strong directions to the State government to prevent such incidents across Madhya Pradesh.
Hearing a batch of writ petitions in Mahesh Garg and Others v. State of Madhya Pradesh and others, the High Court observed that the issue is not limited to Indore alone but affects the entire State.
The Court said that access to clean drinking water is a part of the right to life under Article 21 of the Constitution and termed the situation a public health emergency.
A Division Bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi directed the Chief Secretary of Madhya Pradesh to personally explain the steps being taken by the State to prevent water contamination. The Court ordered the Chief Secretary to appear before it through video conferencing on January 15.
The Bench specifically asked the Chief Secretary to address the following points:
a) Immediate and emergency directions in respect of the affected persons of the said area.
b) Preventive and corrective measures.
c) Inquiry and accountability orders.
d) Disciplinary and penal action.
e) Compensation of victims.
f) Directions to local bodies.
g) Public awareness and transparency.
While passing the order, the Court clearly stated:
“We direct the Chief Secretary of the State of Madhya Pradesh to address this Court through Video Conferencing on the aforesaid following issues which have been mentioned herein above in the order on the next date of hearing and will apprise this Court that what actions at the State level are being taken for preventing the water contamination in the entire State so as to prevent the similar incident in other places,”
The High Court also directed the State authorities to immediately ensure the supply of safe drinking water to the affected areas at government cost. It ordered that safe water must be provided through tankers or packaged drinking water until the issue is fully resolved.
In addition, the Court ordered an immediate stoppage of the use of contaminated water sources, including specific pipelines, overhead tanks, borewells and rivers found to be unsafe.
To address the health impact of contaminated water, the Bench directed the authorities to organise health camps in the affected areas. Residents must be screened for water-borne diseases and provided free medical treatment at government hospitals as well as empanelled private hospitals.
The Court further directed:
“The respondents shall conduct water quality testing at multiple points by the NABL Accredited Laboratories,”
The Bench also passed long-term directions to prevent recurrence of such incidents. These include repair and replacement of old and damaged pipelines, especially in areas where sewer lines and drinking water pipelines run parallel.
The Court also called for the installation of online water quality monitoring systems, regular chlorination and disinfection protocols, and preparation of a comprehensive long-term water safety plan for Indore city.
The order was passed after the Court heard petitions relating to water contamination in Bhagirathpura (Ward No. 11 of Indore Municipal Corporation) and other nearby localities.
As per media reports placed before the Court, at least seven people have lost their lives due to contaminated drinking water in Indore, while dozens of residents have suffered from diarrhoea and other serious illnesses.
Taking note of the gravity of the situation, the Court observed that the issue directly affects public health and dignity of life. It said that it will closely examine the aspects of inquiry, accountability of officials, compensation to victims and penal action against those responsible.
The Bench also made it clear that although the problem exists across the State, the authorities in Indore must strictly comply with all directions related to immediate water supply, health camps, medical screening and free treatment before the next date of hearing.
The Court further directed the State authorities to place relevant official records before it, stating:
“The respondents will also produce the relative files relating to the issuance of the tender for fresh pipelines for drinking water and also the report of M.P. Pollution Board in respect of the samples which were conducted in the year 2017-2018,”
Senior Advocate Ajay Bagadia, along with Advocates Saily Purandare, Manish Yadav and Ritesh Inani, appeared on behalf of the petitioners.
The State was represented by Additional Advocate General Rahul Sethi and Government Advocate Aditya Garg. Advocate Rishi Tiwari appeared for the Municipal Corporation.
The matter will now be taken up on January 15, when the Chief Secretary is expected to inform the High Court about concrete steps taken to prevent water contamination across Madhya Pradesh and ensure that such tragic incidents do not happen again.
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