In the wake of recent events, the Supreme Court of India has made a notable declaration concerning the right to common community resources. This decision strongly emphasizes the importance of protecting these vital assets for the benefit of the community in adherence with Article 21 of the Indian Constitution.
Article 21: Ensuring Life and Personal Liberty
The fundamental right encompassed by Article 21 grants protection to life and personal liberty. According to this constitutional rule, no person should be deprived of his life or personal liberty, except in accordance with established legal procedures. This right is non-derogable, meaning it cannot be suspended or limited in any circumstance. Even the State is prohibited from violating this right. It is available to every individual, ensuring basic human rights and liberties.
The Supreme Court’s Judgment on Community Resources
The judgment was prompted by a complaint regarding the transfer of village pond sites of Saini village in the National Capital Region. These were transferred to private industrialists by the Greater Noida Industrial Development Authority. The National Green Tribunal (NGT) declined to intervene on the plea. However, the Supreme Court spelt out a different verdict.
The apex court instructed the authorities and the industrialists to remove all obstructions and restore the water bodies within three months. The court notably clarified that the State does not possess the right to deprive villagers of their existing source of water and other community resources, even if they promise to provide an alternative source.
Community Resources: A Village’s Lifeline
Community resources are defined as any resource accessible for public use within a community, village, or town. Typical examples include ponds, playgrounds, and public parks, amongst others. These assets often play a crucial role in supporting various chores and supplying essential resources for the sustenance of life.
| Community Resources | Type of Resource |
|---|---|
| Water Ponds | Natural |
| Playgrounds | Built |
| Public Parks | Built |
The Implications of the Supreme Court’s Decision
This decision from the Supreme Court has several implications. It highlights the potential adverse effects of destroying existing water bodies. Without a guarantee that these effects can be offset, the people could be forced to travel miles to access the alternative site. Therefore, the protection of community resources such as village water ponds is not only essential for safeguarding fundamental rights but also vital for the continued survival and well-being of the local communities. The verdict serves as a reminder about the importance of these invaluable resources and the necessity to protect them against commercialization.
