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Water Governance in India
Context:
Even though water is responsible for nearly 60% of economic activity, over 2 billion people still lack access to safe drinking water.
Status of water in India
- India faces significant water stress due to erratic rainfall and excessive groundwater extraction.
- Data from 1990 to 2021 indicate that approximately 30% of districts received less than normal South-West monsoon rainfall in 20 out of 32 years.
- Currently, 256 out of 766 districts are considered water-stressed.
- By 2050, India is likely to face water scarcity.
- Several bureaucratic challenges contribute to this crisis, including outdated laws like the Easement Act of 1882, which grants landowners unlimited rights to withdraw groundwater.
- Despite having 1.4 billion people, accounting for 17.5% of the world’s population, India possesses only 4% of the world’s fresh water resources.
- The per capita annual availability of fresh water has decreased significantly, from 5,177 cubic meters in 1951 to 1,486 cubic meters in 2019.
Water governance in India
Water governance in India involves a complex structure with multiple layers of authority and responsibility, spanning central, state, and local levels. Here’s an overview of the structure:
Central Government:
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- Ministry of Jal Shakti: The primary central body responsible for water resources management. It was formed by merging the Ministry of Water Resources, River Development and Ganga Rejuvenation with the Ministry of Drinking Water and Sanitation.
- Central Water Commission (CWC): A technical organisation under the Ministry of Jal Shakti, responsible for the regulation, planning, and management of water resources.
- Central Ground Water Board (CGWB): Monitors and regulates groundwater resources across the country.
- National Water Development Agency (NWDA): Facilitates water resource development through inter-basin transfer of water.
- National Mission for Clean Ganga (NMCG): Focuses on the conservation and rejuvenation of the Ganga River.
- Central Pollution Control Board (CPCB): Oversees pollution control measures, including water quality management.
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State Governments:
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- State Water Resources Departments: Each state has its own department or ministry responsible for water resources, including irrigation, flood control, and drinking water supply.
- State Pollution Control Boards (SPCBs): State-level bodies under the CPCB that enforce water quality regulations and pollution control measures.
- State Groundwater Departments: Manage and regulate groundwater resources at the state level.
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Local Governance:
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- Panchayats and Municipalities: At the local level, Panchayati Raj Institutions (PRIs) in rural areas and Municipal Corporations in urban areas are responsible for the implementation of water supply, sanitation, and minor irrigation projects.
- Urban Local Bodies (ULBs): These bodies manage water supply, sewage, and waste management in urban areas.
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Judiciary:
- National Green Tribunal (NGT): A specialised judicial body for handling environmental disputes, including water-related issues.
- Supreme Court and High Courts: Handle significant water-related cases, including inter-state water disputes and environmental issues.
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- Olga Tellis v. Bombay Municipal Corporation (1985): This case recognised the right to a clean and healthy environment as a fundamental right under Article 21 of the Constitution. The Court emphasised the importance of water as a vital component of the environment and directed the government to take necessary measures to protect it from pollution.
- Vellore Citizens Forum v. Union of India (1996): This case established the “polluter pays” principle, which holds that those who pollute the environment must bear the cost of remediation. The Court applied this principle to water pollution cases, requiring industries and municipalities to take measures to reduce their pollution and compensate for environmental damage.
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- Inter-State Water Dispute Tribunals: Established under the Inter-State Water Disputes Act of 1956 to adjudicate disputes between states over water-sharing.
India’s Major River Disputes
- Cauvery Dispute: Between Karnataka and Tamil Nadu
- Sutlej-Yamuna Link Canal: Between Punjab and Haryana
- Polavaram Project Dispute: Between Andhra Pradesh and Telangana
- Krishna Water Disputes Tribunal II (2004): Involving Karnataka, Telangana, Andhra Pradesh, and Maharashtra
- Mahanadi Water Disputes Tribunal (2018): Between Odisha and Chhattisgarh
- Mahadayi Water Disputes Tribunal (2010): Between Goa, Karnataka, and Maharashtra
- Ravi and Beas Water Tribunal (1986): Involving Punjab, Haryana, and Rajasthan
- Vansadhara Water Disputes Tribunal (2010): Between Andhra Pradesh and Odisha
Civil Society and NGOs:
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- Non-Governmental Organisations (NGOs): Play a crucial role in advocacy, awareness, and implementation of water conservation and management initiatives at various levels.
- Community-Based Organisations (CBOs): Involved in local water management practices, especially in rural areas.
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Policies and Acts:
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- National Water Policy (2012): Provides a framework for the planning, development, and management of water resources in the country.
- Various State Water Policies: States have their own water policies tailored to their specific needs.
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Key Legislation:
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- The Water (Prevention and Control of Pollution) Act, 1974: Provides for the prevention and control of water pollution and the maintenance of water quality.
- The Easement Act, 1882: Governs groundwater rights, giving landowners the right to withdraw unlimited groundwater, contributing to challenges in groundwater management.
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Planning and Advisory Bodies:
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- National Water Resources Council (NWRC): An apex body for policy formulation and coordination of water resource management.
- NITI Aayog: Acts as a think tank and advises on water resource management and related policies.
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International and Bilateral Agreements:
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- Indus Waters Treaty (1960): Between India and Pakistan, governing the sharing of river waters.
- Ganges Water Sharing Treaty (1996): Between India and Bangladesh, focusing on the distribution of Ganges water.
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NITI Aayog’s Compendium of Best Practices in Water ManagementPolicy-Led Interventions
Watershed Development
Smart Water Infrastructure
Wastewater Treatment and Reuse
Climate Resilient Water Management
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