PIL - Release Mahadayi Water
S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.10 issue.32…… .10 / 08 / 2016
PIL – Release DRINKING
WATER from Mahadayi
An Appeal to Honourable
Supreme Court of India & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF
IN THE MATTER OF
NAGARAJA . M.R
editor , SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
Honourable Cabinet Secretary , Government of India & Others
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION
OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32
& ARTICLE 226 OF THE CONSTITUTION OF INDIA.
Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the
Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
Every human being needs drinking water to survive and every
Human Being has got Human Right to Live by virtue of his birth itself. Without access to drinking water human beings cann’t survive , they will
die. Therefore Human
Right to Drinking water forms integral
part of Human Right to Live.
United Nations has also affirmed Human Right
to Safe Drinking
Water to every human being.
denial of Drinking water from Mahadayi / Mandovi
people in northern Karnataka ,
a crime by government of india
& government of Karnataka ?
Is not police brutality against people
demanding drinking water and police
brutality against women , aged persons ,
children , pregnant women in Navalgund , Yamanoor of Karnataka
a crime by Karnataka police ?
Requests for equitable justice. Protection of Human Rights of Karnataka People , specifically protection of their human rights to life
& drinking water.
Hereby , I do request the honorable supreme court of India to
consider this as a PIL for : “writ of Mandamus” and to issue instructions to
the concerned public servants in the following cases to perform their
That the present petitioner has not filed any other petition (which are
admitted by courts) in any High Court or the Supreme Court of India on the subject
matter of the present petition.
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this
as a PIL for : “writ of Mandamus” and to issue instructions to the Union Cabinet Secretary , Government of India
, chief secretaries of all state governments , the concerned public
servants in the present case , to perform their duties.
b . to pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.
c. to order government of Karnataka to ensure supply of drinking water from Mahadayi
/ Mandovi River to people living
in northern Karnataka .
d. to order Government of India and other
riparian states to ensure
drinking water to all people.
e. to order government of Karnataka , to initiate legal prosecution of Karnataka police personnel who committed excesses
on women folk , children , aged
persons in navalgund , yamanoor of Karnataka state during
protest demanding water from
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 03rd August 2016 …………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….
The human right to water and sanitation
On 28 July 2010, through Resolution 64/292, the United Nations General Assembly explicitly recognized the
human right to water and sanitation and acknowledged that clean drinking water
and sanitation are essential to the realisation of all human rights. The
Resolution calls upon States and international organisations to provide
financial resources, help capacity-building and technology transfer to help
countries, in particular developing countries, to provide safe, clean,
accessible and affordable drinking water and sanitation for all.
In November 2002, the Committee on Economic,
Social and Cultural Rights adopted General Comment No. 15 on the right to water. Article I.1 states
that "The human right to water is indispensable for leading a life in
human dignity. It is a prerequisite for the realization of other human
rights". Comment No. 15 also defined the right to water as the right of
everyone to sufficient, safe, acceptable and physically accessible and
affordable water for personal and domestic uses.
A/RES/64/292. United Nations General Assembly, July 2010
Comment No. 15. The right to water. UN Committee on Economic, Social and
Cultural Rights, November 2002
The human right to water
and the MDGs
Formarly acknowledging water as a human right,
and expressing the willingness to give content and effect to this right, may be
a way of encouraging the international community and governments to enhance
their efforts to satisfy basic human needs and to meet the Millennium
Source: Water as a Human Right? IUCN, UNDP,
Sufficient. The water supply for each person must be
sufficient and continuous for personal and domestic uses. These uses ordinarily
include drinking, personal sanitation, washing of clothes, food preparation,
personal and household hygiene. According to the World Health Organization
(WHO), between 50 and 100 litres of water per person per day
are needed to ensure that most basic needs are met and few health concerns
Safe. The water required for each personal or
domestic use must be safe, therefore free from micro-organisms, chemical
substances and radiological hazards that constitute a threat to a person's
health. Measures of drinking-water safety are usually defined by national
and/or local standards for drinking-water quality. The World Health
Organization (WHO) Guidelines for drinking-water quality provide a
basis for the development of national standards that, if properly implemented,
will ensure the safety of drinking-water.
Acceptable. Water should be of an acceptable colour, odour
and taste for each personal or domestic use. [...] All water facilities and
services must be culturally appropriate and sensitive to gender,
lifecycle and privacy requirements.
accessible. Everyone has the right
to a water and sanitation service that is physically accessible within, or in
the immediate vicinity of the household, educational institution, workplace or
health institution. According to WHO, the water source has to be within 1,000
metres of the home and collection time should not exceed 30
Affordable. Water, and water facilities and services, must
be affordable for all. The United Nations Development Programme (UNDP) suggests
that water costs should not exceed 3 per cent of household
UN initiatives that are
helping to raise the issue...
Council Resolution A/HRC/RES/18/1
On 28 September 2011, the UN Human Rights Council passed a new resolution which
takes the human right to safe drinking water and sanitation a step further. The
Council welcomed the submission of the compilation of good practices on the
right to safe drinking water and sanitation, in which the Special Rapporteur
put particular emphasis on practical solutions with regard to the
implementation of the human right to safe drinking water and sanitation. The
resolution calls on States to ensure enough financing for sustainable delivery
of water and sanitation services.
World Health Assembly Resolution 64/24 [ - 24 KB]
In May 2011, the World Health Organization (WHO), through Resolution 64/24,
made a call to Member States "to ensure that national health strategies
contribute to the realization of water- and sanitation-related Millennium
Development Goals while coming in support to the progressive realization of the
human right to water and sanitation" and to WHO's Director General to
"to strengthen WHO's collaboration with all relevant UN-Water members and
partners, as well as other relevant organizations promoting access to safe
drinking-water, sanitation and hygiene services, so as to set an example of
effective intersectoral action in the context of WHO's involvement in the
United Nations Delivering as One initiative, and WHO's cooperation with the
United Nations Special Rapporteur on the human right to safe drinking water and
sanitation with a view to improving the realization of the human right to water
Appointment of an independent expert [ - 32 KB]
In March 2008, through resolution 7/22, the Human Rights Council decided
"To appoint, for a period of three years, an independent expert on the
issue of human rights obligations related to access to safe drinking water and
sanitation". In April 2011, through resolution 16/2, the Human Rights
Council decided to extend the mandate for a period of three years. The
Independent Expert monitors and reports on States' implementation of the right
to water as well as related violations.
Karnataka’s home minister apologises for police excess
Drawing flak for the terror unleased by the police on the family members of the
farmers who were part of the Mahadayi agitation in North Karnataka's Navalgund
area, home minister G Parameshwara on Sunday tendered an apology to the victims
of police excess and ordered a high-level inquiry into the incident.
The state government also transferred the deputy
superintendent of police (DSP) of the area and suspended jurisdictional circle
inspector Shivayogi Lohar after videos and photographs of the police attack on
women and children went viral. In a hurriedly convened press conference at his
residence here on Sunday evening, Parameshwara said Additional Director General
of Police Kamal Pant has been directed to conduct the probe and submit a report
within a week.
the videos, the cops are seen taking turns to thrash farmers who were secured
by them during the Karnataka bandh on Saturday. The farmers had been picked up
by the cops on charges of attacking government offices to protest against the
Mahadayi Water Dispute Tribunal's order against release of 7.56 tmc ft of water
to the state.
The cops have also been charged with barging
into houses in Yamanur village near Navalgund, and attacking elderly women and
children with lathis stating that the latter had taken part in the riots. A
nine-month-old pregnant woman from the village fell unconscious after she was
reportedly slapped by a policeman.
edited , printed ,
published & owned by NAGARAJA.M.R. @ : LIG-2 / 761 ,
HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA
A Member of