Rabia Bhuiyan MP vs. Ministry of Local Government and Rural Development, et al., 59 DLR (AD) (2007), Bangladesh

Petitioner alleged that tube wells across the country are contaminated with arsenic. She argued that the arsenic contamination violated the fundamental right to life under the Constitution. Moreover, local government bodies are responsible for providing safe water and promoting public health. Thus, the local government bodies must seal the tube wells identified to be contaminated with arsenic and continue screening the wells. The petition was initially dismissed, but on appeal, the Supreme Court found that the government has the legal obligation to seal contaminated tube wells. The Supreme Court cited the Environmental Conservation Act, Environment Conservation Rules, as well as the International Covenant on Economic Social and Cultural Rights. In elaborating on the right to health as guaranteed in Article 12 of the Covenant, the UN Committee on Economic Social and Cultural Rights has specifically interpreted the right to health as including the right to access safe and potable water.