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ACCESS TO CLEAN WATER AS A HUMAN RIGHT: CHALLENGES, PROGRESS, AND STRATEGIES
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ACCESS TO CLEAN WATER AS A HUMAN
RIGHT: CHALLENGES, PROGRESS,
AND STRATEGIES
AUTHORED BY - MUKTA PRIYA,
BBA LL.B (HONS), GITAM UNIVERSITY
ABSTRACT
This comprehensive paper examines the
importance of water availability and emphasises the scarcity of clean
freshwater, even though the Earth's surface is mostly covered in water. It
highlights how important water is to agriculture, industry, daily living,
climate regulation, and ecosystems. The urgency of appropriate water management
is emphasised in the paper as a means of ensuring a sustainable future for our
planet and its inhabitants.
The paper examines the barriers that
stand in the way of guaranteeing that everyone has access to clean water. It
provides this by exploring particular objectives of the Sustainable Development
Goal (SDG) 6 of the United Nations (UN), which include safeguarding
water-related ecosystems, attaining universal access to safe drinking water,
enhancing water quality, increasing water-use efficiency, and fostering
international cooperation. It also emphasises how crucial gender equality and
community involvement are for the management of water and sanitation.
This paper addresses the
constitutional recognition of the right to clean water in India as an integral part
of the right to life. It examines significant court decisions that support
peoples' rights to a clean environment and access to water, including the Delhi
Water Supply and Sewage case and the Vellore Citizens' Welfare Forum. With an
emphasis on the ambitious Jal Jeevan Mission, the study also explores the
government's water policies and actions, such as the National Water Policy and
the creation of the Jal Shakti Ministry.
The study also explores the goals of
the National Water Mission, which include addressing the effects of climate
change, conserving water, and promoting effective water usage. It emphasises
how important it is to have an extensive public water database.
The paper concludes by highlighting
the critical role that water plays in maintaining ecological balance, industry,
and community well-being in addition to being essential for life. In order to
solve the issues of water shortage and rising demand, it promotes prudent water
management and conservation techniques, guaranteeing a sustainable and
prosperous future for our world and its different inhabitants.
Keywords:
Water Scarcity, Clean Water, Sustainable Water Management, Sustainable
Development Goal 6, gender equality, community involvement
INTRODUCTION
Our planet and all living things
depend on water, which is also known as the "elixir of life." It
covers approximately 71% of the Earth's surface, and while it may appear
abundant, access to clean, fresh water remains a global challenge. A staggering
96.5% of the world's water is saline, residing in vast oceans. Freshwater
accounts for the remaining 2.5%, with only 0.3% available in liquid form on
Earth's surface.[1] Beyond
just being necessary for life, water is important for our ecosystems,
regulating the climate, agriculture, industry, and countless other aspects of
daily life. For our planet and its
inhabitants to have a sustainable future, this limited and valuable resource
needs to be managed responsibly.
Around the world, 2.1 billion people
live without access to safe, affordable water. Despite advancements, there are
still significant obstacles in the way of achieving sustainable development and
addressing the vast disparities in access to basic water between and within
nations.
In the era of incredible technical
advancements, the persistent threat of water scarcity serves as a sobering
reminder of how fragile our world is. However, there is a glimmer of belief
despite this obstacle. By means of cooperative efforts, progressive
legislation, and an unwavering commitment to the cause, we have the ability to
guarantee that every individual, regardless of their situation, can exercise
their fundamental right to obtain clean water. Our efforts to achieve universal
water access and sustainable water management are not just about ensuring our
survival, they also serve as a lasting legacy for future generations,
demonstrating our capacity to safeguard the planet and promote the welfare of
all its occupants.
The 2030 Agenda's goal of
"leaving no one behind" can only be fulfilled through partnership
between all stakeholders, an integrated approach to the social, economic, and
environmental dimensions of sustainable development, and a people-centered
focus rooted in international human rights. To address the challenges of SDG 6,
a paradigm shift is required: water should be regarded not just as a natural
resource to be managed and used but as a fundamental human right to which all
people are entitled without discrimination.[2]
INTERNATIONAL DOCUMENTS
The human right to access to safe, affordable,
clean water and sanitary facilities was recognized by the UN General Assembly
in Resolution 64/292, which was adopted in July 2010. It was acknowledged that
access to sanitary facilities and clean, safe drinking water are fundamental
human rights that must be respected to enjoy life.
Right to Water in SDGs
The right to water, according to the
United Nations, guarantees that everyone has access to enough water for
personal and domestic use that is safe, acceptable, physically accessible, and affordable.
The 2030 Agenda for Sustainable Development, which consists of 17 Sustainable
Development Goals (SDGs), was adopted by the General Assembly in September
2015.[3] The new
agenda emphasizes a holistic approach to achieving sustainable development for
all, building on the idea of "leaving no one behind." The sixth goal
is ensuring everyone has access to clean water and sanitation and managing it
sustainably.
Goal 6's objectives
1. Protect and restore water-related
ecosystems, such as mountains, forests, wetlands, rivers, aquifers, and lakes,
by 2020.
2. Achieve universal and equitable
access to safe and affordable drinking water for all by 2030.
3. Improve water quality globally by
2030 by reducing pollution, eliminating dumping, minimizing the release of
hazardous chemicals and materials, halving the proportion of untreated
wastewater, and significantly increasing recycling and safe reuse.
4. Increase water-use efficiency
across all sectors by 2030, as well as ensure sustainable withdrawals and supply
of freshwater to address water scarcity and significantly reduce the number of
people suffering from water scarcity.
5. Implement integrated water
resource management at all levels by 2030, including transboundary cooperation
as needed.[4]
6. Expand international cooperation
and capacity-building assistance to developing nations by 2030 in activities
and programs related to water and sanitation, including technologies for water
harvesting, desalination, water efficiency, wastewater treatment, recycling,
and reuse.
7. In order to improve water and
sanitation management, encourage and strengthen community involvement.
8. End open defecation by 2030 and
ensure that everyone has access to adequate sanitation and hygiene, paying
particular attention to the needs of women, girls, and those in vulnerable
situations.
RIGHT TO WATER IN INDIA
In India, the right to food, the
right to a healthy environment, and the right to health are all protected under
the umbrella of the "RIGHT TO LIFE," which is guaranteed by Article
21 of the Constitution. These rights can all be drawn upon to support the
constitutional right to access to clean drinking water. According to a thorough
analysis of international treaties, the authors of the Indian Constitution
implicitly recognized water as an essential resource. Later, international
rights conventions and agreements included access to water as one of the many
explicit rights safeguarded. It is believed that access to basic, clean water
is a requirement for achieving or guaranteeing human rights.[5]
According to Article 39 (b),
"the State shall, in particular, direct its policy towards securing that
the ownership and control of the material resources of the community are so
distributed as to best serve the common good."
According to Article 47, it is the
responsibility of the State to improve public health as well as levels of
nutrition and living conditions. The state must prioritize improving the
standard of living, nutrition, and health of its citizens as one of its top priorities.
In particular, the state must work to make it illegal to consume intoxicating
beverages and drugs that are harmful to health, unless it is for medical
reasons. The state must prioritize improving the standard of living, nutrition,
and health of its citizens as one of its top priorities. In particular, the
state must work to make it illegal to consume intoxicating beverages and drugs
that are harmful to health, unless it is for medical reasons.[6]
The fundamental obligation to protect
the environment is addressed in Article 51(A)(g) in particular. "It shall
be the duty of every citizen of India to protect and improve the natural
environment, including forests, lakes, rivers, and wild life, and to have
compassion for living creatures," the constitution reads. It is crucial to
remember that Article 51(A)(g) only applies to "citizens" of India
and imposes the fundamental obligation "to protect and improve the natural
environment" on them. This could be
interpreted as "non-citizens" having no obligations for the
purpose."
Article 262 is related with
adjudication of disputes relating to waters of Inter State Rivers or river
valleys
(1) Parliament may by law provide for
the adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any Inter State River or river
valley
(2) In spite of the provisions of
this Constitution, Parliament may pass legislation stating that no court,
including the Supreme Court, has the authority to hear any dispute or complaint
mentioned in clause (1) regarding interstate coordination.[7]
The "Right to safe drinking water" was not originally recognized as a
fundamental right in the constitution. Riparian rights are recognized as water
rights in the Indian Constitution under Article 262, which was written to
settle disputes over state river water rights.
SUPREME COURT ON WATER RIGHTS
Vellore Citizens’ Welfare Forum v. Union of India (1996)[8]
In this case, a writ petition was
filed against the state of Tamil Nadu's large-scale pollution caused by
tanneries and other industries. The petitioners claimed that untreated effluent
was being discharged into agricultural fields, waterways, and open land,
eventually reaching the Palar river, which was the area's primary source of
water supply. The effluents had harmed the soil's physiochemical properties and
contaminated groundwater through percolation. After carefully reviewing the
facts of the case, the Supreme Court, while recognizing the common law right of
the people to a clean and healthy environment, awarded compensation to
pollution victims based on the "precautionary principle" and the
"polluter pays principle." The
Supreme Court specifically stated that "the constitutional and statutory
provisions protect a person's right to fresh air, clean water, and a
pollution-free environment, but the source of the right is the inalienable
common law right to a clean environment."
Delhi Water Supply and Sewage vs State of Haryana (1996)[9]
The Supreme Court stated in its
order, "Water is a gift from nature." This bounty cannot be turned
into a curse or oppression by human hands. Since drinking is the main purpose
of water, it would be cruel to make those who live along a river's bank
perpetually thirsty while allowing others who happen to be in a better position
to use the water for purposes other than drinking. A river must flow through
some land, and it would be unfair for the upper-riparian States to use the
water for things like irrigation while denying the lower-riparian States access
to it even for quenching their residents' thirst.
M.C. Mehta v. Kamal Nath (1997)[10]
The court stated in this case,
"Our legal system, which is based on English common law, includes the
public trust doctrine as part of its jurisprudence." The state is the
trustee of all natural resources that are by definition intended for public use
and enjoyment. The general public benefits from the seashore, running waters,
air, forests, and ecologically sensitive lands. The state, as trustee, has a
legal obligation to protect natural resources. These public resources cannot be
converted to private ownership."
A.P. Pollution Control Board II v. Prof. M.V. Nayudu (1999)[11]
In this case, the Andhra Pradesh
government granted an exemption to a polluting industry and allowed it to be
established near two major reservoirs in the state, the Himayat Sagar lake and
the Osman Sagar lake, in violation of the Environment Protection Act of
1986. The Supreme Court overturned such
an exemption, ruling that the "Environmental Protection Act and The Water
(Prevention and Control of Pollution) Act 1974 did not allow the state to grant
exemption to a specific industry within the area prohibited for the location of
polluting industries." The exercise of such a power in favor of a specific
industry must be regarded as arbitrary, contrary to public interest, and a
violation of the right to clean water guaranteed by Article 21 of the Indian
Constitution. The government could not issue such dangerous exemption orders,
ignoring the fate of lakhs of citizens in the twin cities who rely on these
lakes for drinking water. Such a careless exemption order, ignoring the 'precautionary
principle,' could be disastrous.
THE POLICY AND DECISIONS OF THE
GOVERNMENT
It took the Indian government a while
to start developing its National Water Policy (NWP). The first NWP was
published in 1987 in response to a severe drought. This policy's guiding
principles were as follows:[12]
• Use of water from both surface and
subsurface sources concurrently.
• Supplemental irrigation.
•Crop patterns that conserve water.
•Irrigation and production
technologies that use less water.
• Increased canal water charges.
• Increasing user participation in
canal management.
MINISTRY OF JAL SHAKTI, GOVERNMENT
OF INDIA
Jal Shakti Ministry was established
in May 2019. The Ministry of Water Resources, River Development, and Ganga
Rejuvenation merged to form this ministry.
Drinking Water and Sanitation
Ministry mandate includes international and inter-state water disputes, the
Namami Gange project, the flagship initiative to clean the Ganges, its
tributaries, and sub-tributaries, and to provide safe drinking water.[13] The
government claimed during the formation of the new ministry that "all
water-related works have been merged under one ministry."
JAL JEEVAN MISSION
The Indian government recently set an
ambitious goal of providing piped clean drinking water to all rural households
by 2024. Under the Department of Drinking Water and Sanitation, this Mission
will concentrate on integrated demand and supply side management of water at
the local level, including the development of local infrastructure for
sustainable source technologies like rainwater harvesting, groundwater
recharge, and management of household wastewater for agricultural re-use.[14] To
achieve its goals of sustainable water supply management across the country,
the Jal Jeevan Mission will collaborate with other Central and State Government
schemes. For the Jal Shakti Abhiyan, the
government has identified 1592 critical and overexploited blocks spread across
256 districts.
NATIONAL WATER MISSION
The Ministry of Water Resources
developed the National Water Mission after extensive consultation. The National
Water Mission's primary objectives are to:
•
Establish
a comprehensive public water data base and evaluate the effects of climate
change on water resources
•
Focused
attention on vulnerable areas, such as overexploited areas;
•
Promoting
citizen and state action for water conservation, augmentation, and preservation;
•
Increasing
water use efficiency by 20%
•
Increasing
support for basin-level integrated water resources management
CONCLUSION
Water is necessary for life, one of
the biggest problems facing humanity today is its shortage. It is impossible to
overestimate the significance of sustainable water management and the
availability of water. Water is necessary for ecosystems, daily life, industry,
agriculture, and climate management.
Ensuring universal access to clean
water and sanitation is the goal of Sustainable Development Goal (SDG) 6.
Although this objective is lofty, if we all work together, it is doable.[15] The
accomplishment of SDG 6 is hampered by a number of factors, such as:
? Water scarcity: Overuse of water
resources, pollution, and climate change are all factors in this issue.
? Inequality: Not all communities have
equal access to water, with the most vulnerable and underprivileged groups
frequently suffering the most.
? Lack of infrastructure: A large
number of people worldwide lack access to even the most basic facilities for
water and sanitation.
? Ineffective management: Waste and
inefficiency result from the frequent mismanagement of water resources.
Notwithstanding these obstacles, the
significance of water security is becoming increasingly acknowledged. To
guarantee that everyone has access to clean water, corporations, governments,
and civil society organisations are all making improvements to water
management.
The Indian government has taken a
variety of measures to increase access to water and sanitation. The National
Water Policy, the Jal Jeevan Mission, and the National Water Mission are
examples of these. Inequality, inadequate management, and water scarcity are
problems that still require attention.
The following are some suggestions
for guaranteeing India's sustainable water management:
? India must make investments in water
infrastructure, including irrigation systems, dams, and reservoirs. This will lessen
water loss and enhance water distribution and storage.
? Encourage water conservation:
Sustainable water management depends on water conservation. Water conservation
strategies including rainwater collection, drip irrigation, and wastewater
reuse should be supported by the government.
? Cut down on pollution: One of India's
biggest issues is water pollution. In order to lessen water contamination from
agricultural and industrial sources, the government must take action.
? Ensure that everyone has fair access
to water: Everyone should be able to afford and obtain water. Water subsidies
for low-income homes and communities should be provided by the government.
? Promote community involvement in
water management: Sustainable water management depends on community
involvement. Communities should have an active role in how their water
resources are managed and be included in decision-making on water management.
It is crucial for India to have
sustainable water management for a sustainable future. India can meet its water
scarcity concerns and guarantee universal access to clean water by making
investments in water infrastructure, encouraging water conservation, cutting
pollution, and enhancing community involvement in water management.
[1] About water and
sanitation OHCHR,
https://www.ohchr.org/en/water-and-sanitation/about-water-and-sanitation (last
visited Nov 04, 2023)
[2] “Clean water is a human right, not a privilege,”
https://www.malteser-international.org/en/about-us/service/news/press-detail-en/clean-water-is-a-human-right-not-a-privilege.html
(last visited Nov 04, 2023)
[3] Human Rights —
Safe Drinking Water Foundation,
https://www.safewater.org/fact-sheets-1/2017/1/23/human-rights (last visited
Nov 04, 2023)
[4] Supra note 2.
[5] Human rights
and water SIWI - Leading expert in
water governance, https://siwi.org/why-water/human-rights-and-water/
(last visited Nov 04, 2023)
[6] ibid
[7] Human Rights to
Water and Sanitation UN-Water,
https://www.unwater.org/water-facts/human-rights-water-and-sanitation (last
visited Nov 04, 2023)
[8] Vellore
Citizens Welfare Forum vs Union Of India & Ors on 28 August, 1996,
https://indiankanoon.org/doc/1934103/ (last visited Nov 05, 2023)
[9] Delhi Water
Supply & Sewage ... vs State Of Haryana & Ors on 29 February, 1996,
https://indiankanoon.org/doc/1520766/ (last visited Nov 05, 2023)
[10] M.C. Mehta vs
Kamal Nath & Ors on 13 December, 1996, https://indiankanoon.org/doc/1514672/
(last visited Nov 05, 2023)
[11] A.P. Pollution
Control Board Ii vs Prof.M.V. Nayudu (Retd.)And Ors on 1 December, 2000,
https://indiankanoon.org/doc/1543623/ (last visited Nov 05, 2023)
[12] International
Decade for Action “Water for Life” 2005-2015. Focus Areas: The human right to
water and sanitation,
https://www.un.org/waterforlifedecade/human_right_to_water.shtml (last visited
Nov 05, 2023)
[13] OHCHR and the
rights to water and sanitation OHCHR,
https://www.ohchr.org/en/water-and-sanitation (last visited Nov 05, 2023)
[14] US: Advance
Human Right to Safe, Affordable Water | Human Rights Watch,
https://www.hrw.org/news/2021/09/08/us-advance-human-right-safe-affordable-water
(last visited Nov 05, 2023)
[15] Why a human rights based approach to water and
sanitation is essential for the poor,
https://blogs.worldbank.org/water/why-human-rights-based-approach-water-and-sanitation-essential-poor
(last visited Nov 05, 2023)
Article Information
ACCESS TO CLEAN WATER AS A HUMAN RIGHT: CHALLENGES, PROGRESS, AND STRATEGIES
Authors: MUKTA PRIYA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/11/08
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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