Author: Edi Or.
India is a country with a rich and diverse river system, which supports the livelihoods, cultures and religious of millions of people. However, these rivers are also facing multiple threats from overexploitation, pollution, climate change and inter-state disputes. Natural calamities are inevitable. In recent years, India has witnessed several natural disasters related to its rivers, such as floods, landslides, cloudbursts and glacier bursts, which have caused immense loss of life and property. These disasters have exposed the vulnerability of India’s riverine ecosystems and the need for better management and protection of its water resources. Due to the lack of awareness, policies, strategies and measures people and inhabitants residing in these areas also suffer. One of the major challenges in managing India’s rivers is the lack of a comprehensive and coherent legal framework that can address the various aspects of river governance, such as water allocation, quality, conservation, restoration and dispute resolution. Currently, India has a patchwork of laws and policies that deal with different aspects of water, but they are often outdated, inconsistent, overlapping or conflicting. For instance, the Water (Prevention and Control of Pollution) Act, 1974 is the main law for regulating water pollution in India, but it does not cover groundwater pollution or non-point sources of pollution1. The Inter-State River Water Disputes Act, 1956 is the main law for resolving inter-state river water disputes in India, but it has been criticized for being slow, inefficient and ineffective. The River Boards Act, 1956 was enacted to enable the creation of boards for inter-state river basins, but it has never been implemented. The Indian Penal Code has some provisions for penalizing offences against water bodies, but they are rarely enforced. There is also a lack of recognition and respect for the ecological and cultural values of rivers in India’s legal system. In 2017, the Uttarakhand High Court declared the Ganga and Yamuna rivers as living entities with legal rights, but this decision was stayed by the Supreme Court. In 2020, the Madras High Court declared that rivers are public trusts and have a right to flow, but this principle has not been applied to other rivers in India. There is also a lack of public participation and consultation in decision-making processes related to river management in India. For example, the recent draft Environmental Impact Assessment Notification 2020 has been widely opposed by environmental activists and civil society groups for diluting the norms and procedures for environmental clearance and public hearing. Therefore, there is an urgent need for a new legal framework that can address the complex and dynamic challenges of river governance in India. Such a framework should be based on the principles of integrated water resources management (IWRM), which considers water as a finite and vulnerable resource that needs to be managed holistically across sectors, scales and stakeholders. It should also incorporate the principles of ecological flow (e-flow), which refers to the quantity, quality and timing of water flows required to sustain freshwater ecosystems and human well-being. It should also recognize the rights and interests of local communities, indigenous peoples and other marginalized groups who depend on rivers for their livelihoods and cultures. It should also provide for effective mechanisms for preventing and resolving conflicts over water resources among different states and users. A new legal framework for river governance in India would not only help in reducing the risks and impacts of natural disasters related to rivers, but also in enhancing the resilience and sustainability of riverine ecosystems and human societies. It would also help in fulfilling India’s commitments under various international agreements and conventions related to water resources, such as the Sustainable Development Goals (SDGs), the Ramsar Convention on Wetlands, the Convention on Biological Diversity (CBD) and the United Nations Framework Convention on Climate Change (UNFCCC). It would also contribute to India’s vision of becoming a self-reliant nation that can ensure water security and prosperity for all its citizens.
Further, disaster management drills are essential to enhance the preparedness and response capacities of the local inhabitants and the authorities. Disaster management drills can help to test the effectiveness of the early warning systems, evacuation plans, emergency shelters, relief operations, and coordination mechanisms. Disaster management drills can also help to raise awareness and educate the local inhabitants about the risks and measures to reduce them. National Disaster Alert Portal (SACHET) as an example of an alert system for disasters in India. SACHET is a project initiated by the National Disaster Management Authority (NDMA) under the chairmanship of the Prime Minister of India. SACHET aims to provide near real-time dissemination of early warning through multiple means of technology using geo-intelligence for all natural and man-made disasters. SACHET also enables citizens to register as volunteers and access various resources related to disaster management.
Comments