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For most countries, the lack of explicit reference to a right to water in the national legislation necessitates creativity in enforcing the right through the courts. In many such countries, cases have been brought under environmental or public health legislation or courts have interpreted the right to water under other constitutional rights, such as the right to life or a healthy environment. In India, where the right to water is not enshrined as a fundamental right in the national Constitution, courts at both state and federal level have interpreted Article 21 of the Constitution, the right to life, as encompassing the right to safe and sufficient water and sanitation.

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