Abstract
For the present work, the four cardinal principles suggested by the International Conference on Water and Environment 1992 at Dublin may be worth quoting.
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Notes
- 1.
Upendra Baxi, “The Human Right to Water: Policies and Rights” , in Ramaswamy R. Iyer (ed.), Water and the Laws in India, 2009, pp. 159–160.
- 2.
Shiney Varghese, ‘Turning off the tap on water as a human right’, available at http://www.thehindu.com/opinion/op-ed/turning-off-the-tap-on-water-as-a-human-right/article2897312.ece, [accessed on 16 February 2012].
- 3.
Philippe Cullet and Roopa Madhav, “Water Law Reforms in India: Trends and Prospects”, in Ramaswamy R. Iyer (ed.), Water and the Laws in India, 2009, at 527.
- 4.
The Standing Committee on Water Resources (2011–2012) Fifteenth Lok Sabha Ministry of Water Resources Augmentation of Depleted Ground Water Level, Sustainable Development, Conservation, Management, use of Ground Water and Prevention of Water Pollution [Action Taken by the Government on the Recommendations/ Observations contained in the Tenth Report (Fifteenth Lok Sabha) of the Standing Committee on Water Resources] Twelfth Report Lok Sabha Secretariat March 2012, available at http://bcity.in/system/document_uploads/86/original/Repair_Renovation_and_Restoration_of_Water_Bodies(NLCP).pdf?1369155048, [accessed on 16 February 2012].
- 5.
Ibid.
- 6.
The Ashok Chawla Committee report is stuck on account of stiff opposition to reform by certain ministries who wish to retain their discretionary power in the allocation of natural resources. See generally, A news item published in the Hindu dated 4 May 2012. (Shalini Singh, ‘Government Keeps Chawala report, Mining Act review from the Supreme Court). The said newspaper (The Hindu) dated 4 May 2012 states that the fate of Ashok Chawla Committee report on allocation of natural resources suggests a wider government unwillingness to accept competitive biding auctions and market linked auction for scarce, natural resources lies at the heart of its 2G (Public Interest Litigation and others v. Union of India and others) available at http://supremecourtofindia.nic.in/outtoday/39041.pdf [accessed on 8 February 2012].
- 7.
Almost all nations have endorsed non-binding political declarations that mention the right to water, such as the Programme of Action of the 1994 Cairo Conference on Population and Development, endorsed by 177 states; Dr. David Boyd, “The Right to Water: A Briefing note”, available at: http://www.interactioncouncil.org/right-water-briefing-note, [accessed on 16 February 2012].
- 8.
Ibid.
- 9.
An adequate supply requires a minimum of 50 to 100 L per person per day. See generally G. Howard and J. Bartram, Domestic Water Quantity, Service, Level and Health, 2003, World Health Organization, Geneva; P.H. Gleick, “Basic Water Requirements for Human Activities: Meeting Basic Needs”, 21 Water International, 2003, at 83.
- 10.
UN Committee on Economic, Social, and Cultural Rights, 2003, General Comment No. 15: The Right to Water, UN Doc. E/C.12/2002/11, available at http://www.refworld.org/docid/4538838d11.html, [accessed on August 10, 2013].
- 11.
According to a report of C. Ramachandraiah of the Centre for Economic and Social Studies, Hyderabad, about 226 million people lack access to safe water. The water-related diseases are claiming the lives of about 1.5 million children (5,00,000 children due to diarrhoea alone) under five years of age. According to World Water Council, all have a right to water, but more than 1.2 billion in the world do not have access to water. Even among those who have access to drinking water, only a small proportion seems to be enjoying continuous organized water supply through taps for 24 h in a day. Due to lack of organized water supply through surface water resources in many areas of the globe, groundwater is being over-exploited, resulting in groundwater falling to inaccessible depths in many areas; Binay Singh, ‘Right to safe, adequate water mere lip service’, available at http://articles.timesofindia.indiatimes.com/2009-04-27/varanasi/27998167_1_drinking-water-water-supply-water-crisis, TNN 27 April 2009.
- 12.
C. de Albuquerque, The Human Right to Water and Sanitation: Frequently Asked Questions, 2010, Independent Expert on the Issue of Human Rights Obligations Related to Access to Safe Drinking Water and Sanitation. Geneva: Office of the UN High Commissioner for Human Rights. See also, Dr. David Boyd, “The Right to Water: A Briefing note”, available at: http://www.interactioncouncil.org/ right-water-briefing-note.
- 13.
Economic and Social Council, E/C.12/2002/11, 2003, available at http://www.unhchr.ch/tbs/doc.nsf/0/a5458d1d1bbd713fc1256cc400389e94/$FILE/G0340229.pdf, [accessed on 10 September 2013].
- 14.
UN Committee on Economic, Social, and Cultural Rights, 2003, General Comment No. 15: The Right to Water, UN Doc. E/C.12/2002/11. available at http://www.refworld.org/docid/4538838d11.html [accessed on 10 August 2013].
- 15.
The economic, social and cultural rights of older persons, 12/08/1995; CESCR General comment 6 (General Comments) available at http://www.unhchr.ch/tbs/doc.nsf/0/482a0aced8049067c12563ed005acf9e, [accessed on 10 September 2013].
- 16.
UN Committee on Economic, Social and Cultural Rights, 1990; General Comment No. 3: The Nature of states Parties’ Obligations, E/1991/23.
- 17.
Explicit reference to the right to water has been made in two International Conventions, viz. Convention on the Elimination of Discrimination against Women (1979), Convention on the Rights of the Child (1989) and also in one of the regional instruments, i.e. the African Charter on the Rights and Welfare of the Child (1990). Article 14 provides that state parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from development and, in particular shall ensure to women the right to enjoy adequate living conditions particularly in relation to housing, sanitation, electricity and water supply, transport and communication. Article 24 (1) of right of child provides that state parties recognize the right of the child to the enjoyment of the highest attainable standard of health and facilities for the treatment of illness and rehabilitation of health. Article 24(2) provides that state parties shall pursue full implementation of this right and in particular, shall take appropriate measures to combat diseases and malnutrition including within the framework of primary health care, through inter-alia the application of the readily available technology and through the provision of adequate nutritious foods and clean drinking water taking into consideration the dangers and risks of environmental pollution.
- 18.
United Nations High Commissioner for Human Rights, 2007; Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments. Annual Report of the United Nations High Commissioner for Human Rights, UN Doc A/HRC/6/3.
- 19.
The UN General Assembly resolution on the right to water has already had a demonstrable effect. In January 2011, the Botswana Court of Appeal relied on the resolution in ruling that the constitutional rights of the Bushmen of the Kalahari were being violated by the government’s refusal to allow them to access a water source within a wildlife reserve where they resided. Matsipane Mosetlhanyane v. Attorney General (2011), No CACLB-074-10, 27 January 2011, Court of Appeal.
- 20.
UN General Assembly, 2010; The Human Right to Water and Sanitation, 26 July 2010, /64/L.63/Rev.1.
- 21.
M. Langford, A. Khalfan, C. Fairstein and H. Jones, “Legal Resources for the Right to Water: International and National Standards”, Centre on Housing Rights and Evictions, Geneva, 2004.
- 22.
Bolivia (Article 16(I)) Colombia (Article 366), the Democratic Republic of Congo (Article 48), Dominican Republic (Articles 15 and 61), Ecuador (Article 12), Ethiopia (Article 90(1)), Gambia (Article 216(4)), Kenya (Article 43(1)(d)), the Maldives (Article 23), Panama (Articles 110 and 118), South Africa (Article 27), Swaziland (Article 215), Switzerland (Article 76), Uganda (Articles XIV(b) and XXI), Uruguay (Article 47), Venezuela (Articles 127 and 304), and Zambia (Article 112(d)). See R. Wolfrum and R. Grote, (eds.) G.H. Flanz, and Ed. Emeritus, Constitutions of the Countries of the World (Oceana Law, New York, 2011).
- 23.
The Dominican Republic and Kenya enacted new constitutions in 2010 that recognize the right to water. Dominican republic (Articles 15 and 61), Kenya (Article 43(1)(d)).
- 24.
See the excellent survey undertaken by COHRE: Centre for Housing Rights and Evictions, Right to Water Program, January 2004.
- 25.
Upendra Baxi, supra note 1, at 161.
- 26.
Id., at 163.
- 27.
Ibid.
- 28.
Ibid.
- 29.
David Boyd, Supra note 7.
- 30.
Philippe Cullet and Roopa Madhav, supra note 3, at 512.
- 31.
Ramaswamy R. Iyer, Legal Inadequacies and Perplexities in Ramaswamy R. Iyer “Towards Water Wisdom, Limits, Justice, Harmony”, 2007, at 156.
- 32.
The National Water Policy, 1987, available at http://www.ielrc.org/content/e8701.pdf and National Water Policy, 2002, available at: http://www.ielrc.org/content/e0210.pdf, [accessed on 20 September 2013].
- 33.
See, for example, Rajasthan state Water Policy, 1999, available at http://www.ielrc.org/content/e9903.pdf; Uttar Pradesh Water Policy, 1999, available at http://www.ielrc.org/content/e9904.pdf, and Maharashtra state Water Policy, 2003, available at http://www.ielrc.org/content/e0306.pdf [accessed on 20 September 2013].
- 34.
See, for example, the National Water Policy, 2002, section 5 and the Rajasthan state Water Policy, 1999, section 8.
- 35.
See, for example, the Maharashtra state Water Policy, 2003, section 4 and the Rajasthan state Water Policy, 1999, section 8.
- 36.
See, for example, the National Water Policy, 2002, section 6(8).
- 37.
Philippe Cullet and Roopa Madhav, Supra note 3 at 514.
- 38.
See, for example, the Maharashtra state Water Policy, 2003, section 1 (3).
- 39.
See, for example, the National Water Policy, 2002, section 13.
- 40.
See for example, the Rajasthan state Water Policy, 1999, section 9.
- 41.
See for example, the Orissa state Water Policy, 2007, section 1.2, 2.2. See also, the Jharkhand state Water Policy, 2011 which states that the state will restructure the fundamental roles and relationships of the state and the water users.
- 42.
See, for example, the Uttar Pradesh Water Policy, 1999, section 17(1)(d).
- 43.
See, for example, the Maharashtra state Water Policy, 2003, section 4(2).
- 44.
See for example the Madhya Pradesh state water policy, 2003 for integrated development of water resources interlinking river system plan shall be prepared, safeguarding the interest of the state, available at www.ielrc.org/content/e0307.pdf [accessed on 20 September 2013].
- 45.
See, for example, the Karnataka state Water Policy, 2002, section 7.
- 46.
G.N. Kathpalia Rakesh Kapoor, “Water Policy and Action Plan for India 2020: An Alternative Future Development”, Research and Communications Group, 2002, available at http://planningcommission.gov.in/reports/genrep/bkpap2020/10_bg2020.pdf, [accessed on 20 September 2013].
- 47.
Shiney Varghese, “Corporatizing Water: India’s Draft National Water Policy”, 2012, available at http://www.iatp.org/documents/corporatizing-water-india%E2%80%99s-draft-national-water-policy, [accessed on 24 September 2013].
- 48.
Ibid.
- 49.
Ibid.
- 50.
PM addresses 6th meeting of National Water Resources Council available at http://www.indiablooms.com/NewsDetailsPage/2012/newsDetails281212o.php, [accessed on 22 September 2013].
- 51.
PM’s assurance on water policy cuts no ice with states, New Delhi, December 28, 2012, see also http://www.thehindu.com/news/national/pms-assurance-on-water-policy-cuts-no-ice-withstates/article4248892.ece [accessed on 28 September 2013].
- 52.
Andhra Pradesh, Tamil Nadu, Kerala, Punjab, Haryana, Bihar, Uttar Pradesh, Madhya Pradesh, Gujarat, Jharkhand, Chhattisgarh, Karnataka and Tripura. They said this would impinge on their rights, water being a state subject. Chhattisgarh, Jharkhand, Uttar Pradesh and Bihar say such laws should be prepared by states and not the Centre; Karnataka wants the Inter-state Water Disputes Act revisited four non-congress ruled states—Chhattisgarh, Jharkhand, Uttar Pradesh and Bihar—opposed an overarching national legal framework on water management, saying any such law should be prepared by the states and not the Centre.
- 53.
Ibid.
- 54.
The National Water Policy, 2012; Preamble (1.1).
- 55.
Ibid.
- 56.
Id., 2.2.
- 57.
Id., 6.1.
- 58.
Id., 7.1.
- 59.
Id., 12.1.
- 60.
Id., 8.3.
- 61.
Id., 12.3.
- 62.
Ibid.
- 63.
Id., 16.1.
- 64.
Id., 16.2.
- 65.
Id., 1.3 (ii, iii & iv).
- 66.
Id., 1.3 (vi).
- 67.
Id., 7.1, 7.3, 7.5.
- 68.
Id., 12.3, 12.5, 12.6 and 12.7.
- 69.
In fact, he not only advocated for an economic valuation of water but also effectively advocated that the state renege on its responsibilities to its people to supply water. For example, in India’s Water Economy: Bracing for a Turbulent Future, 2005.
- 70.
Private-sector water services have clearly failed in many countries, including those in the global North, and local governments have taken over again. In the current year, for-profit private water companies in England are raising tariffs, while the publicly owned service in Scotland is not. Just over a decade ago, water wars in Bolivia reversed privatization moves. Evidently, private partnership imposes the burden of extra costs.
- 71.
In a number of districts of India, Coca-Cola and its subsidiaries are accused of creating severe water shortages for the community by extracting large quantities of water for their factories, affecting both the quantity and quality of water. Coca-Cola has the largest soft drink bottling facilities in India. Water is the primary component of the products manufactured by the company. There have been numerous public protests of The Coca-Cola Company’s operations throughout India, involving thousands of Indian citizens and several nongovernmental organizations. Protests against the Coca-Cola factories have taken place in a number of districts including Mehdiganj near the holy city of Varanasi; Kala Dera, near Jaipur, Rajistan; Thane district in Maharashtra; and Sivaganga in Tamil Nadu; The Right to Water under the Right to Life: India available at http://www.righttowater.info/progress-so-far/timeline/legal-redress/the-right-to-water-under-the-right-to-life-india/ [accessed on 30 September 2013].
- 72.
The National Water Policy, Supra note 54, 3.2.
- 73.
Shiney Varghese, Supra note 47.
- 74.
Not the Farmers, Not the Environment National Policy, 2012 largely seeks to help the vested interests available at http://sandrp.in/drp/DRP_Jan_Feb_2012.pdf [accessed on 24 September 2013].
- 75.
The National Water Policy, Supra note 54, 1.3 (iv), the protests by villagers from Plachimada, in the southern state of Kerala, have shown the strength of community-led activities, even against this global multi-national company. Through round-the-clock vigils outside the factory gates, they have managed to ‘temporarily’ shut down Coca-Cola’s local bottling plant. As of early 2007, the factory had remained closed for a number of years and a combination of community action and legal redress was aimed at permanent closure; The Right to Water under the Right to Life: India available at http://www.righttowater.info/progress-so-far/timeline/legal-redress/the-right-to-water-under-the-right-to-life-india/ [accessed on 30 September 2013].
- 76.
Id.,1.2 (xiii) and (7.1 to 7.5) Earlier, an international water summit in Bangalore that discussed private-sector participation in water delivery ended on a dry note when a show-closing Water Walkathon was abandoned after anti-privatization activists stormed the streets, available at http://forbesindia.com/article/briefing/water-policy-draft-is-convoluted/32338/0, [accessed on 16 September 2013].
- 77.
K.P. Narayana Kumar, “Water Policy Draft is Convoluted”, 28 February 2012, available at http://forbesindia.com/article/briefing/water-policy-draft-is-convoluted/32338/0 [accessed on 26 September 2013].
- 78.
Ibid.
- 79.
The National Water Policy 2012 , supra note 54, 12.3.
- 80.
The People’s Campaign for the Right to Water has organized an e-petition opposing ‘the very concept of water as an economic good’ and India’s draft national water policy. Andrew Ranallo, ‘Drawing a Line in the Water: India’s New Draft National Water Policy’, Institute of Agricultural and Trade Policy, available at http://www.iatp.org/blog/201202/drawing-a-line-in-the-water-india%E2%80%99s-new-draft-national-water-policy, [accessed on 28 February 2012].
- 81.
Ibid.
- 82.
See generally, the National Water Reso urces Framework Study: Roadmaps for Reforms, available at http://ceew.in/pdf/CEEW-WRG10Oct11.pdf. [accessed on 6, February 2012]; Charting our water futures: Economic Frameworks to inform decision-making, available at http://www.2030waterresourcesgroup.com/water_full/Charting_Our_Water_Future_Final.pdf. [accessed on 6 February 2012; Water Resources roup: A new model for water sector transformation, available at http://forumblog.org/2012/01/water-resources-group-a-new-model-for-water-sector-transformation/, [accessed 9 February 2012]; Africa: Water Partnership for South Africa Launched at the World Economic Forum on the Continent, available at http://allafrica.com/stories/201105050349.html. [accessed on 8 February 2012]; Home page of Water, at World Economic Forum, available at http://allafrica.com/stories/201105050349.html, [accessed on 8 February 2012].
- 83.
National Water Resources Framework Study: Roadmaps for Reforms, available at http://ceew.in/pdf/CEEW-WRG10Oct11.pdf. [accessed on 6 February 2012].
- 84.
CEEW is one of the Indian partners of the WRG, a high profile public–private partnership housed in the International Finance Corporation (of the World Bank Group). Financed by multilateral banks and bilateral aid organizations such as the U.S. Agency for International Development, the Inter-American Development Bank, the International Finance Corporation and Asian Development Bank amongst others; the WRG is an offspring of the World Economic Forum (WEF) Water Initiative. Formed in 2008, the WRG’s main members are McKinsey & Company and the World Bank Group (led by the International Finance Corporation) as well as a consortium of business partners, most of them in the food/beverages/agri-business sector and already part of the WEF Water Initiative.
- 85.
Ibid.
- 86.
Upendra Baxi, Supra note 1, at 5.
- 87.
Report of the Committee for Drafting of National Water Framework Law May 2013, New Delhi, at 2, available at http://mowr.gov.in/writereaddata/linkimages/nwfl1268291020.pdf [accessed on 8 February 2012].
- 88.
Chancellor, Central University of Gujarat; Vice-Chairman, Sardar Patel Institute of Economics & Social Research; Former Minister of Power, Planning Science and Technology, Government of India.
- 89.
The other Members of the Drafting Committee were Professor N.R. Madhava Menon, International Bar Association – Continuing legal Education Centre (IBA-CLE) Chair in National Law School of India University (NLSIU), Bangalore; Professor K.P. Singh, Professor, Punjab University; Ms. Jyoti Sharma, Forum for Organized Resource Conservation and Enhancement (FORCE); Shri Videh Upadhyay, Advocate; and Officers from Ministry of Water Resources, Central Water Commission, Central Ground Water Board. The Committee for drafting National Water Framework Law held four meetings on 25 September 2012, 12 October 2012, 22 March 2013 and on 22 April 2013. A subgroup headed by Special Secretary, Ministry of Water Resources was also set up on 31 December 2012 to prepare working draft of the National Water Framework Law. A colloquium was also held on 25 February 2013 at Administrative Staff College of India, Hyderabad. Dr. Y.K. Alagh has submitted its report to the Ministry of Water Resources on 28 May 2013.
- 90.
Shripad Dharmadhikary, “National Water Law Needed, But Not This”, available at http://www.indiatogether.org/2013/jun/law-waterlaw.htm [accessed on 10 February 2012].
- 91.
Infra note 94.
- 92.
Government of India Ministry of Water Resources, Report of the committee for Drafting of National Water Framework Law, May, 2013, New Delhi, available at http://mowr.gov.in/writereaddata/linkimagesnwfl1268291020.pdf [accessed on 18 February 2012].
- 93.
Dozens of countries explicitly recognize the right to water in national legislation or policy, including Algeria, Angola, Argentina, Bangladesh, Belarus, Belgium, Brazil, Burkina Faso, Cameroon, Central African Republic, Colombia, Costa Rica, Dominican Republic, Finland, France, Germany, Ghana, Guatemala, Guinea, Honduras, Indonesia, Latvia, Luxembourg, Madagascar, Mauritania, Namibia, the Netherlands, Nicaragua, Norway, Paraguay, Peru, Portugal, Romania, Russia, Senegal, South Africa, Spain, Sri Lanka, Tanzania, Ukraine and Venezuela. France enacted a new law in 2006 that explicitly recognizes the right to water. See also H. Smets. 2006. The Right to Water in National Legislation. Paris: Agence Française de Development, pp. 47–49; M. Langford, A. Khalfan, C. Fairstein and H. Jones, 2004. Legal Resources for the Right to Water: International and National Standards, Centre on Housing Rights and Evictions, Geneva.
- 94.
Why is a national law on water necessary? There are several reasons: (1) Under the Indian Constitution water is primarily a state subject, but it is an increasingly important national concern in the context of (a) the judicial recognition of the right to water as a part of the fundamental right to life; (b) the general perception of an imminent water crisis, and the dire and urgent need to conserve this scarce and precious resource; (c) the severe and intractable inter-use and inter-state conflicts; (d) the pollution of rivers and other water sources, turning rivers into sewers or poison and contaminating aquifers; (e) the long-term environmental, ecological and social implications of projects to augment the availability of water for human use; (f) the equity implications of the distribution, use and control of water; (g) the international dimensions of some of India’s rivers; and (h) the emerging concerns about the impact of climate change on water and the need for appropriate responses at local, national, regional and global levels. It is clear that the above considerations cast several responsibilities on the central government, apart from those of the state governments. Given these and other concerns, the need for an overarching national water law is self-evident; (2) Several states are enacting laws on water and related issues. These can be quite divergent in their perceptions of and approaches to water. Some divergences from state to state may be inevitable and acceptable, but extreme and fundamental divergences will create a very muddled situation. A broad national consensus on certain basics seems very desirable. (3) Different state governments tend to adopt different legal positions on their rights over the waters of a river basin that straddles more than one state. Such legal divergences tend to render the resolution of inter-state river–water conflicts extremely difficult. A national statement of the general legal position and principles that should govern such cases seems desirable; (4) Water is one of the most basic requirements for life. If national laws are considered necessary on subjects such as the environment, forests, wildlife, biological diversity, etc., a national law on water is even more necessary. Water is as basic as (if not more basic than) those subjects; (5) Finally, the idea of a national water law is not something unusual or unprecedented. Many countries in the world have national water laws or codes, and some of them (for instance, the South African National Water Act of 1998) are widely regarded as very enlightened. The considerations behind those national codes or laws are relevant to India as well, although the form of a water law for India will clearly have to be guided by the nature of the Indian Constitution and the specific needs and circumstances of this country, available at http://www.thehindu.com/opinion/lead/why-a-national-water-framework-law/article4280263.ece [accessed on 18 September 2013].
- 95.
Ibid.
- 96.
The National Water Policy, Supra note 54, 2.1.
- 97.
See generally, V.S. Mishra, “National Water Policy and Need for a National Legislation on Water: Indian Scenario”, XXXIX(3), Indian Bar Review, 2012, pp. 97–118.
- 98.
R.L.E.K. v. state of U.P. AIR 1985-SC 652, 656; M.C. Mehta v. Union of India AIR 1988 SC 1037, 1040; Chhetriya Pradushan Muki Morcha Sangarsh Samiti v. state of U.P. AIR 1990 SC 2060, 2062; The Supreme Court extended the benefit of Art. 21 to citizens only; Subhas Kumar v. state of Bihar (1991) 1 SCC 598, 604; Virendra Gaur v. state of Haryana (1995) 2 SCC 577; Indian Council for Enviro Legal Action v. Union of India AIR 1996 SC 1446; D.K. Joshi v. state of U.P. 1999 (7) SCALE 181, See also, Dr. Ajay Singh Rawat v. Union of India (1995) 3 SCC 266, 267; Id., at 182. See also, Ramjee Patel & Others v. Nagrik Upbhokta Marg Darshak Mandal 2000 (1) SCALE 682; A.P. Pollution Control Board v.M.V. Nayudu (2001) 2 SCC 62; Hamid Khan v. state of M.P. AIR 1997; F.K. Hussain v. Union of India AIR 1990 Ker 321; S.K. Garg v. state of U.P. and other AIR 1999 All 87; See also, Attakoya Thangal v. Union of India 1990 KLT 580 (right to sweet water).
- 99.
The Draft National Water Framework Bill, 2013, supra note 96, section 4 (1, 2 and 3); See also Vinod Shankar Mishra, “The Supreme Court and Right to Clean Water”, XXXI (3&4), Indian Bar Review, 399–406, 2004.
- 100.
Id., Section 4(i); Report of Committee, Chapter II, Basic Principles for Water Management, at 34 available at http://mowr.gov.in/writereaddata/linkimages/nwfl1268291020.pdf, See section 4(2), (3) and (4).
- 101.
Subject to the provisions of the Environment (Protection) Act, 1986; the Water (Control and Prevention of Pollution) Act, 1974, the approach to the prevention and control of pollution and contamination of water sources shall include (i) minimizing the generation of waste in all water uses; (ii) reducing non-point source of pollution; (iii) recovering, to the extent possible, water for some uses from waste; and (iv) ensuring that nothing that does not meet certain stringent quality standards, as may be prescribed, is allowed to enter water sources.
- 102.
The Draft National Water Framework Bill, 2013, supra note 96, section 5 (1) and (2), See also, section 4 (2) (3) and (4).
- 103.
V.S. Mishra, Supra note 100.
- 104.
The Draft National Water Framework Bill, 2013, Supra note 96, section 18.
- 105.
Id., section 19, See also section 19 (2) and (3).
- 106.
Id., section 15(1), See also sections 15(2), 15(3) and 15(4).
- 107.
Id., section 6 (1), See also sections 6(2), 6(3) and 6(4).
- 108.
Id., section 20, 21 and 22.
- 109.
The public trust doctrine is a tool for exerting long-established public rights over short-term public rights and private gain. Today, every person exercising his or her right to use the air, water or land and associated natural ecosystems has the obligation to secure for the rest of us the right to live or otherwise use that same resource or property for the long-term and enjoyment by future generations. To say it another way, a landowner or lessee and a water right holder has an obligation to use such resources in a manner as not to impair or diminish the people’s rights and the people’s long-term interest in that property or resource, including down slope lands, waters and resources”; Center for Public Interest Litigation and others v. Union of India and others http://supremecourtofindia.nic.in/outtoday/39041.pdf [accessed on 8 February 2012].
- 110.
Center for Public Interest Litigation and others v. Union of India and others http://supremecourtofindia.nic.in/outtoday/39041.pdf [accessed on 8 February 2012].
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Mishra, V.S. (2018). Human Right to Water and National Water Policy-2012: Emerging Issues. In: Nirmal, B., Singh, R. (eds) Contemporary Issues in International Law. Springer, Singapore. https://doi.org/10.1007/978-981-10-6277-3_11
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