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Editor: NAGARAJA.M.R… VOL.10 issue.32…… .10 / 08 / 2016

PIL – Release DRINKING WATER from Mahadayi River

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 2016

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
.
....Petitioner

Versus

Honourable Cabinet Secretary , Government of India & Others

....Respondents

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.

To ,
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 :

1. Facts of the case:

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.

2. Question(s) of Law:

Is not denial of Drinking water from Mahadayi / Mandovi River to 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 ?

3. Grounds:

Requests for equitable justice. Protection of Human Rights of Karnataka People , specifically protection of their human rights to life & drinking water.

4. Averment:

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 duties.

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.

PRAYER:
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 mahadayi river.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 03^rd August 2016 …………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India……………………. PETITIONER-IN-PERSON

The human right to water and sanitation

Eight short facts on the human right to water and sanitation
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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.

Sources:

· Resolution A/RES/64/292. United Nations General Assembly, July 2010

· General 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 Development Goals.

Source: Water as a Human Right? IUCN, UNDP, 2004

What is...?

· 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 arise.

· 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.

· Physically 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 minutes.

· 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 income.

UN initiatives that are helping to raise the issue...

· Human Rights 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 [

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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 and Sanitation".

· Appointment of an independent expert [

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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

BENGALURU: 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.

In 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.

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