Mains Daily Question
Jan. 19, 2024

Q.1 Discuss the various factors that have contributed to increased inter-state water disputes? Suggest some potential measures to resolve underlying conflicts, and ensure equitable and sustainable water use for all stakeholders. (10M/150W)

Model Answer

Approach: 

Introduction: Introduce by mentioning the meaning of Interstate River Water Disputes and related background.

Body: Mention various factors contributing to increased inter-state water disputes and measures to address Inter-State River Water Disputes separately.

Conclusion: Conclude by keeping an optimistic view mentioning the need for effective communication and negotiation between states to resolve underlying issues.

 

Answer:

Interstate River Water Disputes refer to disputes between two or more states regarding use, distribution and control of rivers flowing through them. In recent years, increasing water scarcity, a rapid rise in urban and rural demands for freshwater, and contentious political dynamics have further exacerbated the problem. Article 262 of the Constitution provides for adjudication of Interstate River Water Disputes. Parliament has passed two laws, the River Boards Act (1956) and the Inter-State River Water Disputes Act, 1956.

Factors contributing to increased inter-state water disputes-

  • Conflicting Jurisdiction: The Indian Constitution grants water management rights to individual states, but inter-state rivers fall under the Centre's purview. This ambiguity creates uncertainty and opportunities for disputes to arise.
  • Mismanaged Demand: Inefficient practices like water-intensive agriculture in arid regions, neglect of traditional water harvesting methods, and subsidized power for flood irrigation contribute to water scarcity and strained supplies.
  • Seasonal Scarcity: India's rainfall is heavily dependent on monsoon, changing climate patterns, including irregular rainfall and prolonged droughts, complicates the water management. The recurring water crisis in regions like Marathwada in Maharashtra are  prime examples of climate-induced challenges.
  • Ineffective Resolution Mechanisms: Article 262 limits the judiciary's role in water disputes, while dedicated tribunals have historically proven slow and ineffective, hindering timely and sustainable solutions.
  • Political Exploitation: Politicians often exploit river disputes for their own gain, using them as rallying points to secure votes and stoking regional rivalries, as seen in the Cauvery dispute.
  • Increased population and urbanization- Rapid population growth and urbanization place increased stress on water resources. In cities like Chennai, mismanagement, pollution, and over-extraction of groundwater have led to severe water scarcity issues.


Measures to Address Inter-State River Water Disputes:

  • Streamlining Dispute Resolution: The Lok Sabha in 2017 passed the InterState River Water Disputes (Amendment) Bill. It included a single permanent river-water disputes tribunal and a mediation committee. The implementation mechanism is still to be worked out, which should be done in priority. It will help in faster rulings, and comprehensive data management. This will address outdated limitations of the 1956 Act.
  • Shared Governance: Consider shifting water to the concurrent list, as recommended by the Mihir Shah report, allowing for a central water authority to manage river basins collaboratively with states.
  • Demand-Side Management: There is a need for promoting water-saving irrigation practices like drip irrigation. Also, Basin-specific crop choices require less water, which should also be promoted.
  • Supply-Side Augmentation: Water availability can be increased through mandatory rainwater harvesting, building check dams to boost groundwater, creating additional reservoirs for efficient monsoon water storage.
  • Urban Planning Integration: There is a need to integrate urban and water planning to address urbanization's impact on water resources. For example, increased focus on sewage treatment, mandatory rain water harvesting in buildings etc. should be promoted.
  • Leverage Legal Frameworks: Parliament should actively utilize its powers under Entry 56 of the Union List to establish river boards as outlined in the National Water Policy. The Supreme Court's original jurisdiction for inter-state water disputes should be maintained, as demonstrated in the Cauvery Tribunal ruling.
  • Borrow International Models: Adoption of  France's "water parliament" system can be considered. This model involves non-governmental and environmental organizations in river management decisions.
  • Depoliticize and Collaborate: There is a need to Shift away from politicizing water disputes and emotional regional arguments. Various federal platforms like the Inter-State Council and Zonal Councils should be utilized effectively, to facilitate dialogue and resolve conflicts.

 

India, home to 18% of the world's population but blessed with only 4% of its renewable freshwater, stands precariously on the brink of water conflict. The glaring disparity between population size and water availability, coupled with uneven distribution, could ignite a tinderbox of water disputes if left unaddressed. Effective communication and negotiation whilst avoiding any potential political opportunism can quench thirst and prevent future conflicts.

Subjects : Polity
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