Evolution of Water Laws in India
Published on by Subrata Singh, General Manager (Programs) at Foundation for Ecological Security in Government
Legal systems for governance of water in different countries are based either on the range of water doctrines - riparian doctrine, the doctrine of prior appropriation and the non-priority permit doctrine.
I would like to know the basis for the evolution of water laws in India. Request you to kindly suggest...
Taxonomy
- Legislation
- Water Law
- Legislation
- Legal Policy Frameworks
- Legislative
7 Answers
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In terms of portable water, we have designed our systems for water business to thrive and support private players to mint money. In several countries, governments have ensured clean drinking water far its citizens. Countries like South Africa are proudly able to say that OUR TAP WATER IS CLEAN DRINKING WATER!
We are not sure when our Governments be able to say this?
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You have raised a very valid question. In fact I work in the field of Drinking water treatment. On the quality side the Central Govt has only "recommendations" ( based on WHO) , These need to be converted in to "regulations". Net result there is no accountability with our water suppliers as far Quantity and Quality are concerned. Forget U.S. or the developed countries where well developed laws prevail. But the fact about water related public health is that India is placed alongwith conditions exists in sub saharan african countries. So irresponsible and uneducated are the lawmakers that few years ago they raised a hue and cry on the quality of Colas in the Parliament. I dont think in last 67 years of independence anyone has uttered a single word on the drinking water quality. In fact Internationally we have become a laughing stock that the country which sends the Satellite to Mars in a one go, Cannot provide the basic and fundamental rights about safe water and dignified sanitation.
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Would like to thank Deepak Kharat (Dr), MOHAMMED NAZEER & Shirish Kardile for your valuable comments!
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When I go through the water governance in different states, I feel there is no consistency in approach. While there are no laws in India on Quantity and Quality of water, we have Participatory Irrigation Management which largely provisions for the command area farmers, riparian doctrine seems to be a dominant principle.
We see the doctrine of prior appropriation being used for allocation of water for large cities like Mumbai, Bengaluru, etc - the doctrine is
historically based on a “first in time, first in right” philosophy whereby supply
is theoretically subject to a priority orderIn case of industrial water allocations or for drinking water it seems to be the non-priority permit doctrine which operates on the allocation of entitlements granted at the discretion of the Government. The resource itself is nationalized by vesting the control of it in State Government water authorities.
The use of Ground Water is chaotic with no control or principles of management.
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In summary, in India, currently, water is a state subject. You may find the following informative: http://www.legalservicesindia.com/article/1865/Management-of-Water-and-Water-Laws-In-India.html and https://www.uvm.edu/~pbierman/classes/gradsem/2014/India_Water_Compiled.pdf
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Hello,Very interesting question.After independent local state government laws are there as per my knowledge like Rajasthan,Bihar.
*Parliament river board act 1956
*Envirnomental protection act-1986
*A.P Farmers management act 1997.
*National policy 1987 and reformed to 2002.
Actually there is no specific law from central government for consuming preventing ground water resources-India is open.Required national policy duly coordination with state government.
1 Comment
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Very nice to know this. With all of the government paperwork, permits, certifications, oversight and other procedures I find it difficult to clean up the Ganges river with current, effective and very affordable technology. ( hint: the technology is nature).
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As far as my knowledge goes, there are no laws in India on Quantity and quality of water. However there are " treaties" between different state Govts / Central Government for sharing of water. Most of the times judiciary has to intervene to interpret and many times to solve the disputes. Some states have laws on the ground water extraction but they are poorly implemented. On the pollution control side there are laws by Center as well as States. But the implementation is again lax.