Can a citizen take action against BMC for dirty water?

Backdrop: Very often we find a municipal corporation supplying water which is contaminated, and even mixed with sewage. Can a citizen take action against the municipality for negligence in supplying water which is potable and fit for human consumption? This interesting issue has been recently decided by the National Commission in a landmark judgment dated April 20, 2008 in the case of Consumer Education & Research Society (CERS) & Ors. v/s Ahmedabad Municipal Corporation (AMC) & Ors. Case Study: Epidemics of waterborne diseases were a regular occurrence in Ahmedabad since 1978. When an epidemic of cholera and gastro-enteritis broke out it in 1988, CERS filed a consumer complaint which was dismissed for lack of evidence to substantiate that the epidemic was due to contaminated water. However, the Commission recorded the assurance given by the then Advocate General of Gujarat about the proposed steps to be taken to bring about the improvement of hygiene and sanitation in the municipal corporation and for elimination of chances of contamination of water supply. 

    In November 1993, a jaundice outbreak occurred in Ahmedabad which resulted in about 100 deaths and, according to official records, affected 

over 1,550 persons. CERS, along with the legal heirs of some of the victims, filed a complaint before the National Commission. This was initially dismissed so CERS appealed to the Supreme Court, which directed the National Commission to consider the complaint on its legal tenability as also on merits. 

    CERS relied on several newspaper cuttings which revealed that the cause of the epidemic was due to AMC’s failure to maintain drainage lines. 

    CERS also produced reports of a survey conducted by it, where water samples tested (according to WHO guidelines) at the Gujarat Jalseva Training Institute established under the Gujarat Water Supply & Sewerage Board, showed that out of the 42 samples tested, 33% were contaminated. The contamination included human as well as animal excreta. 

    Similarly, the microbiology department of the University of Gujarat also conducted a survey on the bacteriological quality of water in August, 1993 ie some time prior to outbreak of the epidemic, and the result showed that 56% of the samples were contaminated. While the complaint was pending, an epidemic of jaundice once again broke out in early 2005, when more than 500 persons were affected. In 2006, some parts of the city received water which was muddy and yellowish in colour. 

    AMC denied all allegations and claimed that rusty private domestic pipelines were the cause. But the government survey revealed that viral hepatitis was due to contamination of water, that the virus was resistant to action of chlorination because of which hepatitis cases had increased and that corrective measures of leakages of pipelines had been done by the AMC. 

    While deciding the matter, the National Commission took into consideration the resolution passed at the United Nations water conference held in 1977 (to which India is a signatory), which states that all people have the right to have access to drinking water. The commission also considered the observations of the Supreme Court of India that water is one element without which life cannot sustain itself. Hence, one of the primary duties of the government, would be to ensure availability of water to the people. Even under the Consumer Protection Act, a consumer has the right to be informed about the quality, quantity, purity of goods (including water) or services and these should not be hazardous to life or health. The Commission also observed that the WHO had formulated guidelines for the delivery of safe 

drinking water to the public. 

    Considering all aspects, the national commission directed the AMC to implement WHO’s guidelines and also comply with the recommendations made by the National Institute of Communicable Diseases in Delhi for water quality surveillance and for the water supply network in the city, including a fortnightly inspection to ensure that water tanks are properly sealed so that animals are not in a position to enter the tank or pollute the water. Water supplied from the source should also be tested fortnightly. 

    The National Commission appreciated the hard work undertaken by CERS and ordered the Gujarat state government to meet pay costs of Rs 50,000. 

Impact: Other municipal corporations would do well to follow the same procedures to ensure safe drinking water to their citizens. 
Source; click here