Ensuring Safe Municipal Wastewater Disposal in Urban India: Is There a Legal Basis?

Safe disposal of municipal wastewater is imperative for the realisation of the right to sanitation. However, it continues to pose a major challenge in developing countries such as India where rudimentary disposal practices are common. While an enabling legal framework to encourage safe disposal exists, in the form of municipal and environmental laws and access to judicial remedies, non-implementation of laws and limited resort to judicial remedies has resulted in a situation where municipal authorities that are responsible for the performance of this duty are contributing to the sorry state of affairs. This article elaborates and analyses the relevant features of the existing laws as well as judicial decisions that can provide guidance in improving the accountability of municipal authorities for safe disposal of wastewater in urban India.