Bangladesh’s High Court has recognised access to safe drinking water as a constitutional right, directing the government to protect water sources and ensure free, safe supply nationwide within the next decade.
Bangladesh’s High Court has declared access to safe drinking water a fundamental constitutional right for every citizen, marking a major legal milestone for public health, environmental protection and human rights in the country.
The landmark verdict was delivered on 27 February 2025 by a High Court bench comprising Justice Md. Ashraful Kamal and Justice Kazi Waliul Islam. The full 16-page judgment has recently been made public.
The ruling originated from a suo motu rule issued by the High Court in 2020, which sought clarification on whether ensuring safe and usable drinking water for all citizens falls within the constitutional responsibility of the state and whether access to such water can be recognised as a fundamental right.
After concluding the final hearing, the court held that under Article 32 of the Constitution of Bangladesh, which guarantees the right to life, every citizen has the right to safe and clean drinking water. The court affirmed that ensuring this right is a constitutional obligation of the state.
In addition to the declaration, the High Court issued a series of directives aimed at ensuring effective implementation. The government has been instructed to protect all water sources across the country to prevent depletion, contamination and pollution, with an emphasis on long-term conservation.
The court further directed that within one year, safe drinking water must be ensured at all major public places. These include railway stations, bus terminals, launch terminals, airports, markets, shopping malls, government hospitals, religious institutions, all public educational institutions, courts and bar associations, as well as saline-prone coastal areas and remote hill regions.
Looking ahead, the court ordered the government to ensure that within the next ten years, safe drinking water is provided free of cost to all citizens, while water for other uses is made available at affordable prices. The government has also been instructed to submit a report to the court by 2026 detailing the measures taken to ensure free and safe drinking water at all public places.
The High Court has kept the case pending to monitor compliance with its directives.
During earlier hearings, senior advocates Manzil Morshed, Minhajul Hoque Chowdhury and Barrister Mohammad Humayun Kabir Pallab assisted the court as amici curiae, providing expert legal opinions.
The judgment has been widely seen as a significant step toward strengthening environmental justice and aligning Bangladesh with global human rights standards that recognise access to safe drinking water as essential to the right to life and human dignity.
