Court Orders Immediate Emergency Measures and Seeks Accountability for Public Health Emergency in Indore
In a significant development concerning the water contamination crisis in Indore, the Madhya Pradesh High Court has intervened with decisive action to address the public health emergency affecting Bhagirathpura and other areas within the city. The Division Bench, comprising Justices Vijay Kumar Shukla and Alok Awasthi, issued a series of immediate and emergency directions to ensure the supply of safe drinking water and the provision of healthcare to affected residents.
The court acknowledged the gravity of the situation, terming it a public health emergency under Article 21 of the Constitution, which includes the right to clean drinking water as a fundamental right. The contamination has led to numerous casualties and widespread concern among the citizens of Indore.
In response to the crisis, the court has mandated the government and municipal authorities to ensure the immediate supply of safe drinking water through tankers or packaged water at the government’s expense. Furthermore, the use of contaminated sources, including specific pipelines and bore wells, is to be halted immediately.
The court also directed the establishment of health camps and medical screenings for the affected residents, with free treatment to be provided in both government and empanelled private hospitals. Water quality testing at multiple points by NABL Accredited Laboratories has also been ordered to ascertain the extent of contamination and prevent future occurrences.
Preventive and corrective measures, as outlined by the court, include the replacement or repair of pipelines, the installation of online water quality monitoring systems, and the implementation of chlorination and disinfection protocols. Additionally, the court emphasized the need for a long-term water safety plan for Indore city.
The court has also taken steps to ensure accountability and transparency, ordering the constitution of a high-level committee to investigate the incident and the role of any negligent or corrupt practices by municipal officers. Disciplinary and penal actions, along with compensation for victims, will be considered following the respondents' detailed replies and progress reports.
Chief Secretary of Madhya Pradesh has been summoned to address the court via video conferencing to discuss state-level measures aimed at preventing similar incidents across the state. The court has emphasized that the contamination issue is not limited to Indore but poses a potential threat throughout Madhya Pradesh.
The next hearing is scheduled for January 15, 2026, when the court will review compliance with its orders and the effectiveness of the measures implemented. The authorities have been instructed to provide a detailed status report, including the medical facilities being provided to those affected, and to produce relevant files related to the issuance of tenders for fresh pipelines and previous water quality reports.
This judgment marks a critical step towards ensuring public health safety and accountability in the management of essential services like water supply.
Bottom Line:
Right to life under Article 21 of the Constitution of India includes the right to clean drinking water. Public health emergency arising due to water contamination must be addressed with immediate measures, including emergency supply of safe drinking water, health screening camps, and free treatment for affected individuals.
Statutory provision(s): Article 21 of the Constitution of India
Mahesh Garg v. State of Madhya Pradesh, (Madhya Pradesh)(DB)(Indore) : Law Finder Doc Id # 2833974
