• Calls for enforcing regulatory steps to ensure safety of bottled water
• Notices issued to water utility, PSQCA, PCRWR and all bottled water companies

KARACHI: The Sindh High Court has asked federal and provincial authorities to take effective regulatory measures to ensure that the bottled water available in the country was “genuinely safe, clean and beneficial for the well-being of the consumers”.

It asked all bottled water companies to submit in court their mechanism with regard to purifying water, its bottling methods and whether any additional treatment or additives were used to ensure water purity.

A two-judge bench headed by Justice Salahuddin Panhwar also directed the federal and provincial authorities to file reports about their policy regarding the criteria to grant permission/licence for extraction of subsoil water.

The bench was hearing a petition filed by Nestle Pakistan Limited challenging the regulations of the Karachi Water and Sewerage Corporation (KWSC) about the fees and permission for extracting subsoil water.

The bench issued notices to the Sindh chief secretary, KWSC, irrigation department, ministry of commerce, the Pakistan Standard and Quality Control Authority (PSQCA), Pakistan Council for Research in Water Resources (PCRWR) and all bottled water companies through the advocate general for Aug 16.

“The companies must provide a detailed and comprehensive mechanism of their water purification and bottling methods, which should include information on the sources of water, the filtration process, and any additional treatments or additives used to ensure water purity,” the bench said in its order.

The bench noted that such a mechanism should not merely be a procedural formality but must be thoroughly examined and verified by the government departments concerned as well as independent laboratories.

It said that the PSQCA and PCRWR should play “pivotal roles in verification process ensuring that water meets both national and international standards for safety and quality”, it added.

The bench also observed that regular, unannounced inspections and stringent testing protocols should be instituted to prevent any lapses or violations.

“By enforcing such regulatory measures and fostering transparency, the government can safeguard public health, restore consumer confidence in bottled water, and align Pakistan’s practices with global best practices. Only through these comprehensive steps we can ensure that the bottled water available in the market is genuinely safe, clean and beneficial for the well-being of the consumers,” it added.

It also observed that the Constitution did not explicitly recognise the right to water as a fundamental human right, but the same was implied with the broader fundamental rights particularly the right to life under Article 9 and right to dignity of man under Article 14.

The apex court had interpreted such constitutional provisions to include the right to access clean and safe drinking water as an integral component of the right to life and human dignity, it added.

The bench noted that the top court has recognised the fundamental nature of the right to water and had placed an obligation on the state to ensure the provision of clean and safe drinking water to all citizens.

“However, the challenge remains in the effective implementation of this right through appropriate legislative, regulatory and enforcement of mechanisms,” it concluded.

Earlier, petitioner’s lawyer Arshad Tayebaly submitted that the water utility was intending to impose a fee for subsoil water extraction despite the fact that the petitioner had already paid the fee for a water connection.

He stated that Bin Qasim Town had granted a no-objection certificate to the extraction of subsoil water and the KWSC had no jurisdiction to impose such fees.

Published in Dawn, August 7th, 2024