Is electricity a fundamental right?
Querist :
Anonymous
(Querist) 01 October 2011
This query is : Resolved
Dear Experts,
Afer reading the reply of experts at http://www.lawyersclubindia.com/experts/New-electricity-connection-235411.asp that electricity is not a fundamental right, I am really surprised at their blinkered view about fundamental rights and also some of them are blindly following the other in saying "I agree".
Just because there does not exist a precedent of judgment by High Court or Supreme Court does not mean electricity is not a fundamental right. I would like to emphasise that these days many advocates tend to build their cases predominantly on basis of case laws. Nothing wrong with referring to case laws but depending entirely on case laws should be avoided. In the words of Fali S. Nariman an internationally admired and respected lawyer, the over use of "case law" is "case law diarrhea".
Right to electricity is a basic human right. Also fundamental right does not mean it has to be free. Even our right to life is not free since we have to pay taxes from the income we make for sustaining our life.
It is a fact that essential services are those essential utilities needed for everyday life like water, gas and electricity(for power and heat), and a telephone line. It is also a fact that right to life is guaranteed fundamental right and right to life does not mean a restricted meaning of just a vegetative existence.
Since essential services are human rights, in many western countries they can’t be shut off, even for unpaid bills, during the “winter months,” which usually are measured from a specific day in November to a specific day in March, April, or even May.
Also the right to internet access has been declared a fundamental right in many countries. Finland was the first country on record in 2009, to establish 1 Mbps Internet access a fundamental right, but the list now includes France, Mexico, Estonia, Chile, Greece, Nigeria and South Korea, among others. Even United Nations believes internet access is a fundamental human right. Related discussions can be read below:
1) http://broadband.about.com/od/International/a/United-Nations-Broadband-Access-Is-A-Basic-Human-Right.htm
2) http://www.siliconcaribe.com/2011/06/21/should-internet-access-be-a-basic-right-in-the-caribbean/
3) http://www.eco-imperialism.com/content/article.php3?id=10
Just an example, can we imagine to communicate among ourselves without electricity and internet on this website? Just think about the role being played by electricity and internet in today's society.
M.Sheik Mohammed Ali
(Expert) 01 October 2011
no, i agree that electricity is our fundamental rights one writ was filed and order from SC, i have that case law also.
prabhakar singh
(Expert) 01 October 2011
Still we sweat daily due to power cut.
If rightly spoken::
"All basic needs are FUNDAMENTAL RIGHTS still people die of hunger???"
Let a Judgement be or not be there,the question is when a right can not practically be enforced,it is a meaning less right.
Expert : M.Sheik Mohammed Ali!
i am looking towards you anxiously for the judgement.
Querist :
Anonymous
(Querist) 01 October 2011
Another expert has opined at http://www.lawyersclubindia.com/experts/New-electricity-connection-235411.asp that electricity is a statutary right. Yes indeed it is a statutary right, but it does not take away the fact that it is also a fundamental right. For example, right to information is a statutary right under RTI Act 2005, but it does not take away the fact that right to information is also a fundamental right under Article 19.
prabhakar singh
(Expert) 01 October 2011
Infringement of a right[i mean fundamental right]we will see latter ,my point is that we have so far not have been given opportunity to even have feel those many rights which can
under constitution be named as fundamental right.In an earlier post i my self answered "NO"!why??? Despite a feeling i can not enforce it.Just as in English active vice /passive vice.
Sailesh Kumar Shah
(Expert) 01 October 2011
Dear Anonymous,
In very simple words, if i agree with you that electricity is fundamental rights.
Then "Electricity always appear in each and every place of INDIA". Even after agreeing your point.
Querist :
Anonymous
(Querist) 01 October 2011
Prabhakar ji: You are correct in your way to a great extent. But I would like to add that no government in the world ever gives opportunity for fundamental rights, but is always happy to infringe them. That is why they are kept guaranteed in the Constitution. One has to fight for fundamental rights from infringement and keep the government in check. Unless the people fight for their fundamental rights to get them enforced, how can they get the feel of those rights? Entire legal fraternity including judiciary and especially the advocates are the flag bears of this fight to get fundamental rights enforced by taking help of Articles 32 and 226.
It is an unfortunate fact that our Constitution has been written in such a manner, with so many loopholes to benefit those in power, the fight becomes even more difficult. For example in America if fundamental rights are infringed, one can approach any court for remedy. All courts are competent to deal with the matter of infringement of fundamental rights, one can go to any of the nearest courts. But in India it has been made difficult for common man, he cannot approach his nearest court. He has to run all the way to High Court or Supreme Court which might not be easy or affordable for him. Who is getting the benefit in such situation? Obviously those who are infringing the fundamental rights.
Shailesh ji: Fundamental rights are negative rights of the citizens and negative obligation of the State. They are guaranteed from infringement. It means if the citizen decides to enjoy them, the State cannot come and infringe them. The guarantee from infringement of fundamental rights does not mean they have to be present everywhere or be made available everywhere by the State. It does not mean they have to be provided by the State or be provided for free by the State.
Guest
(Expert) 02 October 2011
it is not a fundamental right it is only a constitutional rights. don't make others smart. come with actual view. The query is purely academical in nature.
Querist :
Anonymous
(Querist) 02 October 2011
It will be great if instead of making baseless allegations that someone is making others "smart", add value to the forum by coming up with the Article/s of Constitution that make electricity only a Constitutional right and prohibits it from being a fundamental right under Article 21. What do you mean by "actual view"? The so called "actual views" did not suddenly drop from the sky in the first place, they were also the result of the logical and reasonable thinking of people like you and me.
