Draft National Water Framework Bill (NWF), 2016
In July 2016, the government had placed Draft National Water Framework Bill (NWF), 2016 and invited public comments over the same. This bill, if becomes an act, would provide an overarching legal framework over water.
Background
The idea of a National Water Framework Law is not new. The idea was originally of the Planning commission as a part of documentation for 12th five year plan.
The government did not adopt the planning commission suggested bill but then set up YK Alagh Committee to create a draft of such framework law. However, no substantial progress was made later because it immediately ran into strong opposition from the chief ministers of various states, which feared that government would engage in too much centralization of water, which is a state subject in 7th schedule.
This apart, the National Water Policy (2012) had also emphasized the need to develop a National Water Framework Law as an umbrella statement of general principles governing the exercise of legislative/executive powers by the Centre, the States and the local governing bodies.
Need and Rationale of a “National” Framework Law
The constitution of India was drafted at a time when the water crisis was not looming large around. Water was kept in the state list except subject of inter-state rivers. From time to time, issues related to water have been taken to the court and in this context, court has established “right to water” as an implicit fundamental right under Article 21 {Right to Life}. The proposed legislations put legal backing to this right and seek to provide them statutory backing. Notable judicial pronouncements are as follows:
- In Chameli Singh Vs State of Uttar Pradesh Supreme Court said that right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human right known to any civilized society.
- In Delhi Water Supply v. State of Haryana, the dispute was that Haryana used water of Yamuna for irrigation while residents of Delhi needed it for drinking. The court gave domestic use preference over commercial use of water and directed Haryana to make available water for Delhi people.
- In Subhash Kumar v. State of Bihar, a PIL was filed against discharge of sludge from washeries into Bokaro River. The court included pollution free water as a part of Right to Life but the case failed upon facts.
Though water is a state subject [Read: should water be in concurrent list?], yet the increasing water crisis, judicial recognition to right to water, urgent need to conserve water, inter-state water conflicts, pollution and long term ecological / social implications on account of usage of water demand that there should be an overarching national framework law over water. However, any such law can NOT be imposed on states. Such law can be adopted by the states voluntarily.
Salient Provisions
The salient features of the draft law are as follows:
Right to Water for Life
The bill puts legal backing behind the implied fundamental right to water. It says that every person would be entitled to “water for life” that shall not be denied on anyone on ground of inability to “pay”.
Graded pricing system for water
The bill proposes a “graded pricing system” for domestic water supply. Grading is based on income level of the household. It proposes full cost recovery from the high income groups; affordable pricing for middle-income groups and “certain minimum quantum of free supply” for the poor. Thus, commoditisation of water is one of the salient features of this bill.
Comprehensive Governance structure
The bill proposes to put in place a comprehensive governance structure on water, dealing with its conservation and preservation, regulation of use, pollution prevention and abatement, pricing, administration, and river and aquifer management. The bill notes that state “at all levels” would hold water “in public trust” for the people, and “water for life” would take precedence over all other uses, including agricultural, industrial and commercial.
The bill also notes that it shall be the duty of the state at all levels, the citizens, and all category of water users to protect, preserve and conserve water sources, and pass them on to the next generation.
Binding” national water quality standards
The bill proposes to introduce binding national water quality standards for every kind of use.
Reduction in water foot print
The bill also proposes to introduce national water footprint standards for every activity and product. Further, state will be asking to industries to reduce their water footprint; along with an action plan to progressively reduce it over time.
Rejuvenation of River system
The bill asks the governments to strive for rejuvenation of river systems by ensuring Aviral Dhara {continuous flow} and Nirmal Dhara {unpolluted flow} and Swachh Kinara {clean river banks}. The bill proposed “Basin Level” development of rivers proposes an integrated river basin development and management plan in each of the basins. The bill says that river basins will be managed in such a way that it ensures the scientific planning of land, water resources, taking basin/sub-basin as a unit.
Further, the bill notes that the states should recognise the principle that the rivers are not owned by the basin-States but are “public trustees.” All basin States have “equitable” rights over a river water “provided such use does not violate the right to water for life” of any person in the river basin.
River Basin Authority
For the optimum and sustainable development of inter-state rivers and river valleys, the Central Government will provide for establishment of a River Basin Authority for each Inter-state river basin. Each River Basin authority will prepare a master plan for river basin under its jurisdiction and this master plan will be reviewed and updated every five years after consultations with planning agencies and stakeholders.
Flood Mitigation and Management
As per the bill, the Central Government would develop a Decision Support System (DSS) for flood forecasting and flood inundation under the National Water Informatics Centre (NWIC). Every State Government shall also develop their own DSS to address state-specific issues. The NWIC shall ensure that the central DSS and that of each State is provided adequate and effective linkage.
