The debate so far on the
Draft National Water Policy (DNWP), recently released to the public, seems to
be mainly around privatisation. An important highlight of DNWP is its advocacy
for a ‘Water Framework Law'. The Government is already moving in that direction.
It had set up a group, headed by Professor Ramaswamy Iyer, the former Secretary
of Water Resources, Government of India, which has produced a draft.
The
DNWP document, with 15 major sections, has all the right words, such as primacy
of water for basic needs and ecosystem needs, and setting up a permanent water
dispute tribunal at the Centre.
Inter-basin
transfer has made a re-entry on the grounds of “meeting basic human needs and
achieving equity and social justice” (Clause 5.5). The Water Framework Law
might run into some difficulties, as the States might see it as an encroachment
into their territory, as water is, primarily, a state subject.
WATER USE PRIORITISATION
The
DNWP makes a three-way classification of water uses in a sequential manner —
first, access to a minimum quantity of potable water for essential health and
hygiene to all its citizens, available within easy reach of the household;
second, a portion of river flows to meet ecological needs; and third, the
residual water, after meeting the first two, as an economic good, with higher
priority towards basic livelihood support to the poor, and providing national
food security .
In
the previous policies, too, domestic water had always been privileged compared
with the rest of the uses. Still, millions don't have access to basic water of
adequate quantity and quality. Is this because of want of emphasis in the
policy? The policy emphasis has never been supported by the necessary legal
instruments. The policy very clearly mentions that the role of the state is to
regulate and control services, and not provide the services.
The
service provision could be entrusted to community and/or private sector with
the appropriate “Public Private Partnership” model under the general superintendence
of the State or the stakeholders. There has been a very sharp reaction to this
provision, especially from civil society, equating this to privatisation.
In
fact, in many other sectors — health, education, energy, telecommunication, and
so on — privatisation has been allowed.
But
when it comes to water, civil society seems to be reluctant to even experiment
with different modes of service delivery and takes statist positions.
The
fact that many States are going for independent water regulators is an
indication that private players are going to be there.
Privatisation
isn't a silver bullet; nor is increasing government control. The best bet is
increasing the role of water users, both in irrigation and domestic spheres,
for which there is a provision in the DNWP.
Instead
of getting caught in the polarised debate around mode of delivery, one should
argue that whatever the mode of provision, there should be certain
non-negotiables, such as the legal provision of a certain amount of water, to
meet basic needs (including precise details of the conditions of such supply).
CONTROL OF WATER
In
India, surface water is owned and regulated by governments.
However,
ground water, increasingly becoming the most important source for domestic use
and irrigation, is completely owned and controlled by the private sector, mostly
small farmers. Both groundwater and surface water are hydrologically linked,
but dealt without any connection. Very often, conjunctive use and integration
are paid lip service in water policy documents.
While
the governments invest in infrastructure to store and deliver water up to the
field at subsidised rates and also allocate a budget to maintain the system,
those very governments, when it comes to groundwater, seem to be only
interested in putting restrictions on the farmers who invest their resources
and efforts. DNWP has touched on a critical issue of modifying the Easements
Act, 1882, which gives landowners groundwater rights.
Sustainability
of groundwater use cannot be provided through restrictive legislations and
taking away of right of landowners on ground water alone, but would call for
more imaginative ways.
One
of the immediate steps the government should take is to bring in parity in
cost, of both surface and ground water. Unfortunately, the DNWP doesn't address
this issue.
Clause
7.1 of the DNWP says, ‘Besides the pre-emptive uses for sustaining life and
ecosystem, water needs to be treated as an economic good and therefore, may be
priced to promote efficient use and maximising value from water'.
In
the very next sentence, the draft policy has tried to do a balancing act by
admitting that the practice of administered prices may have to continue. It
only brings to the fore the tension between the two extreme view points — water
as a social good and water as an economic good — and the present draft doesn't
seem to be bringing something new to the table.
It
is possible to use the full cost recovery principle and still protect the poor
who are entitled to safe and adequate drinking water, using a graded tariff
system.
Water
price that isn't for domestic use, but for the remaining uses needs a much
wider debate. But not pricing water doesn't necessarily mean that it protects
the poor.
WATER CONFLICTS
Absence
of a proper policy framework supported by legislation, both at the federal and
state level, is leaving a lot of scope for politicians to create water
conflicts between the states and within the states.
The
DNWP does suggest setting up a permanent Water Disputes Tribunal at the Centre to resolve the disputes expeditiously in an
equitable manner. The attempt in DNWP to institutionalise the conflict
resolution mechanism is to be welcomed.
However,
water conflicts are much more than inter-state conflicts — there are conflicts
around equity and allocations and access, water quality, dams and displacement,
tail-end issues in irrigation commands, and so on.
So,
there is a need to widen the mandate of the institutions for conflict
resolution, and they also need to be decentralised, multi-scaled and
democratic.
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