Safe food, drinkable water fundamental rights: HC

The High Court has recognised safe food and drinkable water as fundamental rights for all citizens, a landmark ruling that mandates the state to ensure access to these essentials for every individual in the country.

The HC bench, comprising Justice Md Ashraful Kamal and Justice Kazi Waliul Islam, delivered the verdict today (27 February) after disposing of a rule on the matter.

It also ordered the government to preserve all the water sources in Bangladesh to prevent deterioration – ensuring that the water does not dry up, become unsafe, or get polluted. 

In an immediate reaction, Barrister Mohammad Humayon Kabir Pallab, who also took part in the hearing, told reporters that this is a historic verdict. 

"If the ruling is implemented, the country's largest population will benefit, and people will be protected from water-borne diseases," he added. 

The HC had issued a suo moto rule in 2020 to ensure safe food and potable water for every citizen of the country. 

The rule sought to determine whether it is the responsibility of the state to provide safe drinking water to all citizens, or whether the right to safe water can be declared a fundamental right for every citizen. 

In the verdict, the court stated that according to Article 32 of the Bangladesh Constitution, access to safe and pure drinking water is a fundamental right of every citizen, and it is the responsibility of the state to ensure this right to water. 

In addition, the court issued several instructions to ensure the supply of safe drinking water. 

Within the next year, every important public place in Bangladesh – including courts, places of worship, hospitals, railway stations, haats, airports, and other public places – must ensure safe drinking water for every citizen. 

Within the next 10 years, measures must be taken to ensure safe and drinkable water at an affordable price for every citizen of Bangladesh. 

The government has been ordered to submit a report to the court on the measures taken to provide safe water free of charge at all public places by 2026. 

The court has kept the case ongoing.

Earlier, senior lawyer Manzill Murshid, Barrister Mohammad Humayon Kabir Pallab, and Minhajul Haque Chowdhury gave their opinions as amicus curiae during the hearing of this case.