WaterAid in India

Drop 13 and 14 April - September 2009

Water and Sanitation as Rights

Editorial Sathee

Dear Friends,

Currently we are witnessing an There is no comprehensive water increased intensity in the discourse law in India, but aspects do exist Right to Water and Sanitation - Page 3 on water and sanitation as rights. in other laws. These include forest Spreading Water Over Ballot - Page 8 Not without reason, given the law, environment protection laws centrality of water and sanitation and ownership laws which take People's Manifesto - Page 9 in leading a healthy life, and with into account nature of water Mainstreaming Water and Sanitation - Page 11 dignity. body (groundwater for example) and its usage (irrigation for Water, a Tap and Toilet For Our Vote- Page 12 Contents Recognition of this centrality is not example). Under the Constitution It is about my Right to Water - Page 14 new. Over the years, there have of India, water is a state subject, been 22 international covenants mandating the State Governments Supreme Court on Water Crises - Page 17 – to which India is a signatory to make laws on the distribution, Securing Safe Water - Page 19 – which mention water and regulation and use of water. It is sanitation explicitly. Covenants in matters concerning inter-state Action Speaks Louder than Words - Page 22 are international guidelines that water issues that the Government When Collective Voices Ensures Action - Page 23 enable the creation of mass of India can intervene. At the local opinion at global level and exert level, under the provisions of the Pali's Fight against Pollution - Page 24 pressure on signatory countries to 73rd and 74th Constitutional Bhopal: The Disaster Continues - Page 25 recognise their obligations towards Amendment the panchayats their citizens. However, being and urban local bodies have the Right to Decent Life - Page 28 guidelines, covenants are not mandate of water at the local level. Understanding the Right to Sanitation - Page 31 legally enforceable and in absence However, often these bodies have of pressure within the signatory little control on developments that Making Government Programmes - Page 33 countries to abide by these, often impact the availability of water Water and Sanitation needs of People Living with hold little weight. in their villages, such as control HIV-AIDS - Page 35 over catchments, multi-village water supply commitment to sanitation as a human right schemes and the provision of water from was made in the Delhi Declaration adopted their sources to industries by the state as part of the inter-governmental South government. The provision of safe and Asian Conference on Sanitation (SACOSAN) adequate water and sanitation continues to - III in November 2008. The newly developed elude citizens even after several decades of National Rural Water Supply Programme government programmes for water supply guidelines operational since April 2009 and sanitation. Despite constitutional also recognise provision of safe water as a guarantees and specific programmes, human right, which is as yet not the case socially excluded communities – such as of rural and urban sanitation programmes. dalits and tribals – continue to be denied However, policies and guidelines are services and entitlements. The Planning statements of intent and are not justiceable Commission of India has acknowledged that nor enforceable in a court of law. these programmes have not yielded desired benefits. Prime Minster Manmohan Singh in his address to the XV Lok Sabha called for a Under the Constitution, the right to water paradigm shift for making the development in India has been inferred under Article process more inclusive. He stressed on 21 which is right to life. Through various creating entitlements backed by legal judgments, the Supreme Court and various guarantee to provide basic amenities and High Courts have interpreted the right to opportunities for livelihood to vulnerable

WaterAid India life to include the right to water and safe sections. These developments provide sanitation. This makes the right a derived hope, but in case of water and sanitation, right rather than a direct right. Also, case first a law will have to be enacted to secure laws based on judicial pronouncements can these rights, which will need to be backed only direct the government: Enforcement by appropriate polices, rules and regulations or implementation has to be done by the and most importantly, budgets. It will also executing agencies and ensuring this can mean strengthening government institutions be another intensive exercise. and setting up accountability mechanisms, and making the community aware of their One of the instruments used for accessing rights. rights is the Right to Information (RTI) which gives citizens access to records of The current issue of WaterDrops explores the Central and State Governments. RTI various aspects related to water and requires public authorities to computerize sanitation as rights. It outlines major their records for wide dissemination and international conventions and covenants to provide information to the citizens on that document the right to water and formal application, within a stipulated time sanitation. It summarises various judicial period. RTI is fast becoming a useful tool pronouncements in the country that have in the hands of the citizens for accessing strengthened the right of citizens to water, information of the implementation of environmental sanitation and hygienic water and sanitation programmes by the conditions. It documents initiatives of service provider. Civil society organisations, various campaigns, movements and groups. communities and individuals have used Examples of civil society movements in RTI to inform and empower themselves for bringing water and sanitation upfront on seeking their right to water and sanitation the political agenda during the recently services. However, our research indicates concluded Lok Sabha elections are also that there are examples of bribery, threat highlighted. and delay when the Act is used. Also, action taken as a consequence of the application is We look forward to hearing and learning sometimes not sustained and the applicant from you. is back to square one.

Recent policy documents, government Cordially declarations and political announcements The Editorial Team, WaterDrops 2 do speak the language of rights. A [email protected] Right to Water and Sanitation

Indira Khurana, Richard Mahapatra and Romit Sen, WaterAid India

Imagine the plight of close to 19.5 million their rights, there are however examples rural people who do not have access to where the poor have struggled hard for safe drinking water. And what is more, accessing these. if you add the number of people (in rural areas) not having access to water, Constitutional interpretations having partial access to water and people whose water sources are contaminated, The Constitution of India guarantees 77 million Indians face drinking water wholesome life. Article 21 ensures right problems either in quantity or quality. In to life for Indian citizens. Over a period case of sanitation, two out of every three of time, the Supreme Court of India and Indian defecates in the open, more due various state High Courts have defined to constraint than behaviour (See Table the right to life as enshrined in the 1). The health burden of inadequate Constitution. For example, in a sub-judice sanitation is so high that the country case in the Supreme Court, the court has spends more on health than on direct given notice to the Ministry of Health on sanitation provision. And 1.5 million quality of water sources in villages. In children die of diarrhoea every year. this case the litigant has asked the court to enforce quality water in sources for Table 1: Coverage status of drinking drinking water and the argument is that water and sanitation non-safe water is a violation of right to life. Besides, India has been a signatory Vijay Kutty Drinking water Per cent population to many international conventions that coverage covered treat water and sanitation as a right (See Rural 66.4 box: International commitments). Urban 91.0 Sanitation coverage A review of key judicial pronouncements Rural 47.0 indicates that the right to life in the Urban 83.2 Constitution means rights to water and sanitation as well. Courts have not only By virtue of physical existence and termed right to water as a fundamental according to codes of civilized and right but also have defined water as a dignified living; water and sanitation are ‘social asset’. basic rights. Though Indian Constitution and its numerous interpretations by the Ruchi Pant, a policy analyst, has argued highest judicial institutions recognise in her assessment of right to water in water and sanitation as rights, as yet India that other articles of fundamental there is no explicit provision for this. rights also support protecting the right to water as interpreted using the Article Lack of access to drinking water and 21. “Article 14 has been interpreted sanitation is a passive and pervasive by the judiciary as guaranteeing inter- human rights violation in the country. generational equity i.e. the right of each While it infringes on the right to live with generation of human beings to benefit dignity, it threatens existence as well. from natural and cultural inheritance from past generations. This therefore requires Lack of safe drinking water and sanitation conserving the biological diversity and triggers a chain reaction that perpetuates the sustainable use of other renewable poverty. Lack of water means poverty and and non-renewable natural resources poverty means lack of capacity to access including water) for future generations.” basic necessities of life and live with Besides, Article 15 (2) of the Constitution dignity. This includes sanitation. At the makes equitable access to water sources end, the poor divert their meager income a right. It says that nobody should be to get respite from diseases, leaving debarred from use of wells, tanks and them poorer. Though less assertive about bathing provisions. 3 Enforcing rights International commitments However, as experiences have shown that Key international agreements/ without the right being explicitly mentioned conventions treat water and in the Constitution, the state doesn’t have sanitation as a human right enforceable liability for access to safe drinking water and sanitation. If water ‡ 0DU'HO3ODWD'HFODUDWLRQ   is made a right, it will increase the state states that all people have right obligation to fulfill this right and will also to drinking water in quality and empower the common people to demand quantity, irrespective of the level this basic need from the state. A human of economic development of right dimension to water could impose the native country and stage of three main obligations on the state: development. 1. To respect: For this, the states need to refrain from engaging in any ‡ &RQYHQWLRQRQ(OLPLQDWLRQRIDOO practice or activity that denies or Forms of Discrimination against limits equal access to adequate water; Women [1979, Article 14 arbitrarily interfering with traditional 2(h)] explicitly mentions about arrangements for water allocation and provision of water and sanitation unlawfully polluting water and limiting to women. access to, or destroying, water services

Vijay Kutty and infrastructure. ‡ &RQYHQWLRQ RQ 5LJKWV RI &KLOG 2. To protect: For this, it will need to adopt [1989, Article 24 2(c)] mentions necessary and effective legislative right to safe drinking water of and other measures to restrain a child from a non-polluted third parties from denying access to source. adequate water and from polluting and inequitably extracting from water ‡ $JHQGD81&RQIHUHQFHRQ resources; prevent third parties from Environment and Development compromising equal, affordable and (1992) calls for provision physical access to sufficient and of safe drinking water and safe water, where water services are environmental sanitation for operated or controlled by third parties. poverty alleviation. 3. 7RIXOÀOO: If water were to be recognised as a human right, states could meet ‡ 3URJUDPPH RI $FWLRQ RI WKH this obligation by way of legislative International Conference on implementation, adaptation of a Population and Development national water strategy and plan of (Cairo 1994) mentions right to action and adequate budgets to realize water and sanitation in realizing this right while ensuring that water is complete human potential and affordable and available for everyone. sustainable development. Left without rights ‡ 8QLWHG 1DWLRQV *HQHUDO Comment 15 (2002), the right While there is increased focus and funding to water (articles 11 and 12 of for water and sanitation, there is less the International Covenant on understanding of the complex sector. Economic, Social and Cultural Rights) states the Human Right ‡ Drinking water coverage in rural to Water “entitles everyone to India has shrunk to 66.4 % sufficient, safe, acceptable, according to latest government physically accessible and data. This is an unprecedented slip affordable water for personal back in drinking water coverage as and domestic uses”. in 2005 it was 95%. Around 19.5 million rural people don’t have access 4 to safe drinking water. In urban areas around 11% of households do not 10% for STs. Analysis of official data by have access to any water for some WaterAid shows that in the past few parts of a year. years, more than 40% of the earmarked ‡ Going by the government data expenditure for SCs have not been made of habitations not covered with despite the fact that coverage statistics of drinking water, partially covered this population is low. and having quality problems in water sources, 77 million people Indian laws under Article 17 have don’t have access to water both in abolished untouchability. Despite this, quality or quantity. the community of manual scavengers ‡ 7KH :RUOG :DWHU 'HYHORSPHQW continues to face social discrimination. It Report, 2003 indicates that in terms is illegal under Indian laws to do manual of availability of water, India is at the scavenging or to engage any person in 133rd position among 180 countries. such practice. But there are some 3.42 With regard to water quality, it is lakh manual scavengers in India. 120th among 122 countries. ‡ :KLOHVDQLWDWLRQFRYHUDJHLVLPSURYLQJ Understanding water and sanitation the target of total sanitation by 2012 rights is daunting: Still 665 million people continue to practice open defecation. Every year, World Water Day is a reminder: One in every six urban household How many more would die of avoidable defecates in the open because they diseases before we get water and don’t have access to any latrine. In sanitation as right? During the South Asian sanitation sector slip back and non- Conference on Sanitation – III (SACOSAN- Ranjan Panda usage of toilets have the potential to III), held in November 2008 in Delhi, Prime derail progress. Minister Manmohan Singh declared water and sanitation as a human right. It came Human cost as a solace for in the two years between this and earlier SACOSAN, one million The right violation has a tragic human children died of water born diseases in cost in terms of morbidity and mortality. South Asia. Absence of good quality water tells on child and maternal health particularly, From April 1, 2009 the Department of affecting the physical and mental well Drinking Water Supply, Ministry of Rural being of future generations as well. Development, adopted new guidelines for its rural drinking water supply programmes “Realising the right to water, like all which treat water as a right. This is another economic, social, and cultural rights, reason to be hopeful. requires greater specificity in the context of the rights themselves, along with There is a need to understand how the profound changes in the structures and existing laws and regulations can enforce budget priorities of governments as well the right to water and sanitation. Right as broader mobilization to claim them,” to water has many dimensions. Issues observed Priya Sangameswaran, a policy of entitlement, priority of uses within the analyst with Bengaluru-based Centre for right, conflict avoidance, the institutional Interdisciplinary Studies in Environment mechanism at the appropriate level and Development. India’s Scheduled to enforce the right, accountability Tribes and Castes (ST/SCs) population, the and transparency, accessibility and largest chunk of the country’s poor, are an affordability and the responsibility of example of social exclusion resulting out source sustainability are some of these. of poverty and marginalization. Rights also mean responsibilities In case of drinking water, the Accelerated Rural Water Supply Programme has Article 21 guarantees right to water but mandated that each state spends a there are few options available to ensure minimum of 25% for SCs and another the right. Civil society organizations have 5 dual responsibilities: to raise the awareness workshop on the occasion of World Water on the centrality of water right within the Day, 2009. The theme of the workshop fundamental right to life and to dwell with was 'Water and Sanitation as Rights'. The ways and means that ensure the right. programme was attended by more than 150 delegates from across India including With rights come responsibilities. The members from the legal community, Constitution of India has made provisions NGO representatives, WAI staff and for fundamental duties from citizens as partners, and media professionals. The well as the state. Article 51-A classifies speakers included people from grass-root duties towards self, duties towards the organisations, youth campaigns, advocacy environment and towards the nation. organisations, civil society representatives Article 51 A (g) states that ‘it shall be the and researchers. There were testimonials fundamental duty of every citizen to protect from individuals and community groups and improve the natural environment sharing their experiences in claiming their including forests, lakes, rivers and wild watsan entitlements, by the strategic life, and to have compassion for living use of various legal and other means to creatures.’ So what we need to adopt and pressurise the state that are available in a promote is a right combination of access democracy like India. to rights and adherence to responsibilities. The main points that emerged through the As courts have interpreted water as a questions and discussions that followed social asset, it is the duty of communities the sharing by various speakers are WaterAid India to protect and adopt judicious uses of enumerated below: water. At the community level, how do we honour our responsibilities to water Rights to water and sanitation and sanitation sector? Being a social and common resource, it needs responsible ‡ ,W LV HVVHQWLDO WR NHHS WKH SULQFLSOHV responses from various communities. of access, equity and inclusion at There are examples that show that the centre of all our work when we village communities have adopted water talk about the right to water and budgeting for efficient uses. They are sanitation. Given the prevalent an example of community responsibility inequity, governance needs to be towards enforcing rights over water. looked at from the lens of social justice. Here is where, with respect to drinking ‡ 7KHUH LV QHHG WR IRFXV RQ ZDWHU water and sanitation, civil societies can distribution priorities: are we really play an important role. This includes (a) focusing on minimum needs of all? Informing, encouraging and empowering ‡ ,QGLYLGXDO ULJKWV DUH VRPHWLPHV communities about their rights so that conflicting. The right of one sometimes these can be accessed (b) Empowering violates the rights of others. So what them to protect water sources so that does Right mean? Shouldn’t individual these are sustained in quality and rights always be seen within the quantity (c) Convincing them so that they context of the greater common good? change their behavior towards a cleaner On the other hand isn’t it dangerous environment and judicious use of water (d) to sacrifice individual rights for the Engaging with the governments for sharing common good? information and experiences (e) Adopting ‡ $ULJKWVEDVHGDSSURDFKLVRQHLQZKLFK self regulatory mechanisms to control citizens are not just beneficiaries but water quality and use (f) Engage in public active participants in the process of domain to debate the need for a direct development. right to water and sanitation. (g) Working ‡ :KDWFLYLOVRFLHW\RUJDQLVDWLRQVFDQGR towards service provider accountability. is to ensure the process takes place. They cannot do the government’s job. Our Journey The role of the state is to respect, protect and fulfill rights, and so 6 WaterAid India (WAI) organised a one day the state is responsible for service delivery. ‡ 7HFKQRORJ\LVDQLVVXH7KHTXHVWLRQ ‡ 7KHUH DUH FRQVWLWXWLRQDO ULJKWV EXW arises: If a technology causes there are administrative lacunae pollution and there appears to be no that make it difficult for ordinary easy remedy for that pollution, why is citizens to claim these rights. As a the technology promoted? result, inequality in access to rights ‡ 7KHVORZSHUIRUPDQFHRIWKH([HFXWLYH is widespread. This is why we need a has resulted in legal interventions. Rights Based Approach. There is a need for use of judgements ‡ 7KHUH LV a need for integrating/ beyond specific cases i.e. wider synergizing between a Needs Based interpretation of judgements in Approach with the Rights Based different areas. Approach. ‡ ,W LV LPSRUWDQW WR XVH GLIIHUHQW WRROV ‡ ,Q WHUPV RI ZDWVDQ WKHUH LV D QHHG to voice one’s concerns. (e.g. Rallies, to look at what happens when RTI applications, media campaigns the State starts withdrawing from etc). The involvement of youth is essential services, compounded by becoming important to highlight the the perception that watsan is not issues to the masses. Social networks perceived as an essential service. can be a forum for debate, awareness Does watsan need to be classified as and the creation of public pressure. an essential service? ‡ 7KHUH LV WKH QHHG WR EXLOG WKH ULJKW ‡ 5LJKWV DUH RI  W\SHV ² 1DWXUDO relationships with the right people rights, Customary rights, Legal & across various areas for securing Binu Nair constitutional rights and Wrested water and sanitation entitlements. rights. So when one talks of RBA we ‡ 6RPHWLPHV ZKLOH ZRUNLQJ IRUDFFHVV have to work on all the above rights. to rights, the action may be morally ‡ 7KHUH ZDV GHEDWH RYHU ZKHWKHU ZH right but legally wrong. need a separate Act to make water a fundamental right. There were just Experiences of working on right to a few who were of the opinion that water and sanitation article 21 was enough. Others said that the government is giving lip ‡ 7KH FRQVWLWXWLRQDO SURYLVLRQV IRU services to rights so we need to open empowering people are there in India up multiple fronts as a strategy. through the provisions under the 73rd ‡ :H QHHG WR H[SORUH ULJKWV EH\RQG and the 74th amendment. However, established fundamental rights, and the process of real empowerment of so instruments like the National Rural people is long and arduous and there Employment Guarantee Act, and the is a long way to go. Right to Information Act need to be ‡ 7KH PDLQ REVWDFOHV WR HQVXULQJ used. rights and entitlements to people ‡ 7KH JHRORJLFDO VWRUDJH FDSDFLW\ IRU are the attitudes of the politicians, water is being destroyed due to mining government officials, big landowners, ‡ 7KHUHDUHPDQ\GLIILFXOWLHVLQDFFHVVLQJ feudal chiefs and contractors. The justice due to administrative and legal contractors find it easier dealing with procedures. politicians rather than empowered people who tend to question their Case reports on water and sanitation wheeling and dealing (as for example rights through social audits). ‡ 3DQL 3DQFKD\DWV KHOS FRPmunities ‡ 3XEOLF PRQLWRULQJ SURJUDPPHV articulate their demands and also for areas impacted by industrial mobilize them to demand their pollution are a good tool. Such rights. There are instances when Pani monitoring programmes should Panchayats through active campaigns involve communities (i.e. the public) have spread the awareness of in monitoring the industries (polluter) government schemes and provisions and service providers (e.g. the and taught people how to access municipality). these. 7 Spreading Water Over Ballot

Richard Mahapatra, WaterAid India

Communities across the country took up the the key election issue. The Congress picked issue of water during the general elections up street conversations on water scarcity with innovative ways of protesting. and turned these into campaign slogans like the one above.

In Uttar Pradesh’s Mahoba district, around 2,000 voters of Pachpechra village (coming under the Hamirpur-Mahoba parliamentary constituency) put an unusual demand before the candidates, asking them to give in writing that they would fulfill their demands or quit from their membership of Lok Sabha. “In the name of developmental schemes in our village, politicians have been taking our votes. But this time we have initiated this campaign so that politicians www.loksabha.nic.in cannot exploit us any more,” said Prithvi Yadav, a local resident. This is an alliance political parties found difficult to ignore. Across the country, more Pachpechra’s residents evolved a form prominently in poverty stricken pockets, with a list of development works to be many civil society groups and citizens came undertaken. The candidate had to tick together to form solid alliances to convince the works he/she would do after winning. candidates contesting elections to commit Along with this he/she was asked to give on their demands before asking for votes. an undertaking that if the identified works The key issues that feature in this series are not done he or she would resign. A key of actions were related to scarcity of water demand of the village has been ensuring and better living conditions in villages. drinking water in the village. In the last five years the district has been reeling under In Chitrakoot district (Uttar Pradesh) in the severe drought. “Of the 30 hand pumps drought-stricken Bundelkhand, civil society in the village, a majority do not function. groups set up an army of 550 ‘Jal Prahari’ As a result there remain only six wells to (water warriors) consisting of individuals cater to the water needs of the over 3,500 who were experiencing water scarcity. Each people in the village,” informs Shivkumar of these water warriors, armed with a list of Goswami, a local resident. activities to ensure water in their villages, met contesting candidates and sought Residents of Morbi town in Gujarat’s Rajkot commitments for solutions. Practically district threatened to boycott the poll. Few candidates only started campaigning residential blocks of the town were not after meeting villagers, listening to their getting drinking water for almost a year. demands and committing solutions, recalls After a series of protests, the residents used Pushpendra, a social activist based in the general elections as an opportunity to Chitrakoot. pressurize the politicians to ensure drinking water. The town’s requirement was 45 In Indore city of Madhya Pradesh, the million litres a day while it was getting slogan of the opposition Congress party around 30 million litres. In fact water was: “Liquor, liquor everywhere but no water availability became the poll issue in the to drink.” The city with all of its drinking elections. And the ruling Bharatiya Janata water sources virtually drying up has been Party candidate lost elections despite a depending on erratic supply from water seemingly pro-incumbency wave. tankers. The city authorities had to deploy police to guard water tankers as riots broke This article is based on a compilation of 8 out. Scarcity of drinking water soon became various media reports. People’s Manifesto

Richard Mahapatra and Toolika Ojha, WaterAid India

In the last general elections people set the development plan that should be given agenda for politicians through an initiative priority by contesting politicians. The process called the ‘People’s Manifesto’. Few political of getting this manifesto is interesting parties did respond to the demands; those and reflects local development priorities. who did not are paying a price. “This is possibly the most extensive effort to establish a grassroots driven, people’s On the eve of general elections in India development agenda in recent times,” during April 16 - May 13 2009, the country informed Alok Vyas from WNTA, Rajasthan. saw an interesting polarization, real space campaigning v/s virtual space campaigning. It was a two-stage process. In the first stage As political parties invaded almost all civil society groups held public meetings in available spaces in the virtual world of World cluster of villages to list local needs and Wide Web, there was another campaign concerns. In the second stage, this list that was slowly gathering momentum. was again taken to people through public hearing representing various communities For more than four months in the and groups to bring out the 10-point run up to the general elections, over manifesto. This manifesto was submitted 4,00,000 people from 365 parliamentary to various political parties for inclusion in constituencies spreading over 29 states their respective manifesto. This involved and union territories were busy drafting wide advocacy and lobbying with politicians WNTA people’s manifestoes to be put to the from local to state and national level. The political parties. media was used to inform on the issues featuring in people’s manifestoes. The Wada Na Todo Abhiyan (WNTA) - keep your promise campaign, an association The process brought out the stark of 600 civil society groups, initiated the disconnect between politicians and the people’s manifestoes to set the agenda for people on the perception of the issues the elections from the citizen's perspectives. that needed to be addressed. At the same time, political parties sensing the vigor of Activists of the initiative said that “people people involvement in the process could did not vote so they could brandish an inked not outrightly ignore the demands. finger as a status symbol, but because it was a way to organise decisively around A fluid prescription local priorities.” Amitabh Behar, convener of the initiative that covered over 3,000 WaterAid India’s Policy and Partnerships NGOs and networks across 23 states says, Unit analysed 100 such manifestoes to feel “The People’s Manifesto will be poor and the pulse of people on drinking water and marginalised people’s non-negotiable sanitation issues. Fifty-six manifestoes had demands that every political party will drinking water and sanitation as two of 10 need to promise in its manifestoes for key demands. Besides, all the manifestoes the forthcoming elections. The Abhiyan had specific demands on overall water has been tracking the UPA government’s issues. First, many manifestoes demanded National Common Minimum Programme drinking water supply for specified time over the last four years but this is the time and period. This was to do away with the to start thinking beyond, to what ordinary uncertainty in drinking water supply. Given citizens need from the government, the involvement of women in drafting of irrespective of which party comes to power”. people’s manifestoes and the suffering they undergo due to erratic water supply, A ground swell this is natural. In few manifestoes, communities demanded a water source for Through this initiative, each constituency a cluster of 25 households as a norm. In drafted a 10 point manifesto of its own. few manifestoes, demands were made on The manifesto is basically a local-based striking a balance between drinking water WaterAid India 9 and other uses like irrigation and industrial states covered; uses. This is important as drinking water ‡ 6SHFLDO IRFXV RQ XSJUDGLQJ from groundwater sources is increasingly infrastructure in communities inhabited facing competition from other uses like by dalits, adivasis and minorities; agriculture and industry. ‡ 4XDOLW\KHDOWKDQGHGXFDWLRQDVDULJKW protected by law; On sanitation, in 24 manifestoes there were ‡ 6SHFLDO PHDVXUHV WR HQVXUH IRRG demands for total toilet coverage and better security and nutrition; sanitation provisions. Interestingly, there ‡ ([SDQVLRQ RI ULJKW WR ZRUN DQG VRFLDO has been demand for allocating Rs. 10,000 security entitlements; for each household for constructing a ‡ /LIHOLQHSURJUDPPHVIRUDJULFXOWXUHDQG toilet instead of the current amount of Rs. rural economy; 2,500 given as a subsidy under the Total ‡ *UHDWHU SROLWLFDO UHSUHVHQWDWLRQ RI Sanitation Campaign. In many manifestoes women, youth and marginalised groups; representing urban constituencies ‡ 7UDQVSDUHQF\ LQ JRYHUQPHQW GHDOLQJV sanitation and sewage management have and greater public participation; featured prominently in the 10 demands. ‡ ,PSOHPHQWDWLRQ RI SROLFH DQG MXGLFLDO As a part of the process, women had their reforms; own manifestoes. Here a key demand was ‡ 3ULRULW\IRUQDWLRQDOLQWHJUDWLRQDQG]HUR to ensure greater access to public facilities tolerance for violence and terrorism. and places for women. Availability of public and household sanitation facilities for A comparison of people’s demands and the Ranjan Panda women was a main demand. The charter of ruling United Progressive Alliance’s agenda demands drafted is being presented as a reveals that some of the concerns of the blueprint for governing India over the next people do get reflected in the government five years and to end poverty and social programmes (See Table 1). However, it exclusion. Some of the major issues that remains to be seen whether the government came up from the people were: will accord the same priority to these as the people have. Past experience has ‡ %DVLFLQIUDVWUXFWXUHLQHYHU\YLOODJHDQG shown that implementation of government urban settlement, which includes safe development programmes leave a lot to be drinking water, household level toilets desired. There has to be a consistent effort and water supply, effective drainage from civil society organisations to keep the and sanitation systems, electrification, government accountable to its promise of connecting roads, public transport removing poverty and exclusion and to meet services and rail networks emerged the objectives set in the UN Millennium as the highest priority in 20 of the 29 Development Goals.

Table 1: People’s demands vis-ã-vis ruling government’s agenda People’s manifesto United Progressive Alliance’s Agenda

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‡+RXVHKROGOHYHOWRLOHWV ‡QGSKDVHRI%KDUDW1LUPDQ and water supply ‡5XUDO:DWHU6XSSO\3URJUDPPHWREHFRPSOHWHGE\ ‡8QLYHUVDODFFHVVWR ‡5HDFKLQJSHUFHQWUXUDOWHOHSKRQHGHQVLW\DVSHUUXUDO drainage and sanitation telecommunication target systems ‡5HJXODWRU\DQGOHJDOIUDPHZRUNIRU3XEOLF3ULYDWH ‡8QLYHUVDODFFHVVWR Partnerships power (electrification) ‡,QWHJUDWHGHQHUJ\SROLF\ ‡&RQQHFWLQJURDGV public transport and rail ‡9ROXQWDU\WHFKQLFDOFRUSVXQGHU-DZDKDU/DO1HKUX networks National Urban Renewal Mission 10 Source: WNTA Delhi June 2009 Mainstreaming Water and Sanitation in the Political Agenda

Narayan Bhat, Modern Architects of Rural India

The denial of water and sanitation amounts Community leaders articulated their to violation of basic human rights. This has problems and suggestions on what needs been recognised by the citizens and civil to be done in their villages for improved society organisations across India. There is water and sanitation conditions. Drawing a growing realisation that people ought to from this, MARI drafted a memorandum have their basic entitlements by demanding on behalf of the community, which was the same from the service provider. The presented to the group for consensus and recent years have seen greater civil society endorsement. It was decided to present engagement with political parties on the memorandum to all the political parties not only raising awareness on water and with a demand to include specific points of sanitation issues amongst the political action in their election manifestoes. class, but also influencing them to take measures to address these needs.

Modern Architects for Rural India (MARI), a WaterAid partner is a grass root level organisation working on water and sanitation as one of its key activity areas. At present, MARI works in about 200 villages in Andhra Pradesh with staff strength of over 300. The organisation is also an institutional member of Freshwater Action Network (FAN).

In line with its commitment to highlight issues of public concern MARI organised a one-day advocacy event for policy change in the water and sanitation sector. The event MARI was timed well with the announcement of General Elections 2009, for the parliament The memorandum called for the attention and state assembly in Andhra Pradesh. of all political parties, with the argument that politics between parties may differ but Getting started fundamental issue faced by the people are universal and therefore, all political The highlight of the pre-campaign was parties must agree on common issues a ‘point to point race’, with the race and incorporate them in their election beginning at the drinking water source manifesto. tank for Warangal (district headquarters) and culminating at the storage tank. As The outcome a precursor to the race, extensive dialogue was held with villagers on water and A citizens’ committee consisting of five sanitation issues and the problems they members was formed which met all the encounter daily. Community members prominent political party leaders and were encouraged to raise watsan issues presented the memorandum as peoples’ which they consider as their pressing demands. As a result, most of the priority. During these discussions people issues raised in the memorandum were from within the community who had the incorporated in the election manifestoes of potential to articulate their issues at the seven political parties in Andhra Pradesh. district level event were identified and group consensus on their representation This experiment thus was a successful was sought. Thus about 200 local demonstration that micro level advocacy representatives from about 72 settlements actions can be an effective tool to influence were identified. political actions. DDWS 11 Water, a Tap and Toilet For Our Vote

Ranjan Panda, Water Initiatives Orissa

As the world geared up to witness the neglect. All these structures must be world’s largest democracy elect its new restored and new water harvesting government, people in the villages of India structures should be created. A clear started weaving their expectations from roadmap with fixed time frames must the politicians who visited them seeking be prepared for integrated water their votes. This article depicts an attempt harvesting and conservation. by rural people of Sambalpur, Orissa who presented their menu of demands to the Safe sanitation as a right politicians. Not surprisingly, water came out to be a major issue. Hundreds of ‡ 6DQLWDWLRQHVSHFLDOO\UXUDOVDQLWDWLRQ participants who came from all blocks has been grossly neglected. We of the district decided to demand quality welcome the government’s initiatives drinking water, toilets and irrigation, under the Total Sanitation Campaign among other demands, in lieu of their (TSC). But a lot needs to be done at votes. the district level to ensure effective implementation of TSC; The charter gave a clear call “listen to ‡ $ERYH3RYHUW\/LQH $3/ %HORZ3RYHUW\ our demands and we will give you our Line (BPL) division is a hindrance to vote.” These demands were not rhetoric total sanitation initiative. We demand alone. People took their demands to the that there should not be any distinction politicians. This charter of demand was between APL and BPL families under

Vijay Kutty taken to all villages where people sought the TSC. The subsidy component for its inclusion in the manifesto of the the BPL families has been used by contestants. The aim was to mainstream vested interests to construct toilets water and environmental issues into the without any household participation. political agenda. The charter of demands This has led to construction of toilets are as follows: of inferior quality resulting in their non-usage. We demand that all such Water conservation and drinking water unused toilets be re-constructed with supply total household participation; ‡ $OOWRLOHWVPXVWKDYHDVVXUHGVXSSO\RI ‡ Safe water must be supplied to water. each household after appropriate treatment; National Rural Employment Guarantee ‡ Drinking water is emerging as a big Act concern. This is due to neglect of surface water harvesting and over ‡ Farm ponds should be excavated in dependence on groundwater. The the farm lands of all BPL households government must give priority to within the next five years; surface water sources as the preferred ‡ The payments to job card holders drinking water source; are being made through Banks or ‡ In absence of proper surface water Post Offices. While we support that sources, open dug wells may be move for reasons of transparency and preferred over deep tube wells as truthfulness, we are forced to lose sources of drinking water. valuable productive time and energy ‡ Water conservation is the need of the in going to the Banks and Post Offices hour, not just for drinking water but for for transactions as they are situated the sustainability of society. There was at quite a distance from the places a rich water harvesting tradition – with where we live and are always crowded. networks of kata, muda, bandh, chua, Thus the days on which we go to Post chahala etc. - in Western Orissa. Offices or Banks to withdraw money But most of these structures have should be counted as work days and 12 decayed and are lost due to consistent full wage for that day must be given to us. In addition, we must be given not been able to apply for rights under travel allowance for our return travel ‘The Scheduled Tribes and Other to the Banks and Post Offices. Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006’ due to Comprehensive agriculture and water lack of awareness and other reasons. harvesting plans needed Thus the Act must not be confined to specific time period as it is aimed for ‡ :HVWHUQ 2ULVVD LV FRQVLGHUHG DV WKH people who are least capable in getting rice bowl of the state. But in spite information and asserting rights; of being the main source of income, ‡ 7KH3DQFKD\DWL5DMGHSDUWPHQWVKRXOG agriculture still largely depends formulate comprehensive plans and of rainfall. Thus water supply for earmark budgets; agriculture requires topmost priority; ‡ &RPPXQLW\)RUHVW0DQDJHPHQW &)0  ‡ $ ILYH \HDU VWUDWHJLF DJULFXOWXUH must be given legal recognition; development plan for our area should be prepared. Government development initiatives must centre around land development; rain water harvesting and storage; and development of the agriculture sector; ‡ /RZ FRVW DJULFXOWXUH SUDFWLFHV PXVW be given priority to make agriculture sustainable. Indigenous seed conservation, land management, local technology and wisdom must be given priority in development of agriculture; ‡ &URS ORVVHV GXH WR GURXJKW DQG monsoon aberrations have increased. But drought is yet to be included in the ‘relief code’. Drought must be categorised as disaster and included in the relief code; ‡ $JULFXOWXUH H[WHQVLRQ VHUYLFHV KDYH failed to reach the target communities. All agriculture extension measures must be village oriented; Ranjan Panda ‡ $JULFXOWXUHPXVWEHLQWHJUDWHGZLWKWKH Panchayati Raj system. All agriculture ‡ 7KH 2ULVVD 9LOODJH )RUHVW $FW  plans must be integrated with the annual must be suitably amended to give total action plan of the panchayats. All these right over kendu leaf and other forest plans must be approved and accepted non-timber forest produces. The ‘Vana by the Pallisava and Gramsava; Sanrakshana Suraksha Samiti’ system ‡ 1RODQGLVXQILWIRUYHJHWDWLYHJURZWKRU should be completely dismantled environment conservation. We cannot and CFMs should be given full legal buy the arguments that as some lands recognition; are unfit for agriculture they can be ‡ $OO NHQGX OHDI SOXFNHUV PXVW EH used for industrial purposes. We belief brought under appropriate life that such type of land will have better insurance cover. environmental and economic value if put into water harvesting or other The candidates assured the people to environmental use rather than industrial look into their demands. A new beginning use. has certainly been made and people of the region hope that this will usher in a Right on forest and forest produce new era of conscious actions to make western Orissa drought and poverty ‡ 0DQ\ GHVHUYLQJ IRUHVW GZHOOHUV KDYH proof. 13 It is about my Right to Water

Indira Khurana, Romit Sen, D. Johnson Rhenius Jeyaseelan WaterAid India and Priya Tripathi, Teri University

The foundation for the Right to Information The Act also requires every public authority (RTI) was laid in India in the year 1975 to computerise their records for wide by a landmark judgment of the Supreme dissemination and to proactively publish Court in which it ruled that ‘where all certain categories of information so that the agents of public must be responsible the citizens need minimum recourse to for their conduct, there can be but few request for information formally. secrets. The people have right to know every public act, everything that is done in Under Section 4(b) of the Right to a public way by their public functionaries. Information Act, all the state agencies The responsibility of officials to explain or within 120 days of the enactment of this act to justify their acts is the chief safeguard had to pro-actively disclose the necessary against corruption and oppression’. information of their departments. Right to information provides the citizens information and it depends on the citizens how they use the information to realize their right. This act has helped people get a mechanism to voice their concerns and seek answers from the service providers. The following examples illustrate how people have used the RTI for issues relating to water, sanitation and right to work:

Punishing the polluters

In Sathyamangalam village in Tamil Nadu, the members of 'Bhavani river water, potable water and ground water conservation movement' filed an RTI application asking for the pollution levels in the river. They suspected that the paper WaterAid India and pulp factories in the region discharged untreated effluents in Bhavani river. On The Right to Information Act was enacted receiving the information from the State in 2005 by the Parliament giving citizens Pollution Control Board, the villagers used of India access to records of the Central this as an evidence. They filed complaints and State Governments. The Act applies in various departments which resulted in to all States and Union Territories of India, suspending power supply to a few factories. except the State of Jammu and Kashmir, The process is on to ensure acceptable which is covered under a State level law. level of effluent discharge. The passage of this act took inspiration from the numerous state legislations that Mission clean had already been passed on this issue across the country, particularly those of Santosh, a 22 year old girl, is an RTI Maharashtra and Delhi. activist engaged with Parivartan, an NGO working in Pandav Nagar area of East Under the provisions of the Act, any Delhi. Santosh recalls the days when citizen (including the citizens within J&K) the area was extremely dirty as the may request information from a "public sweepers never attended their duties. authority" (a body of Government or Volunteers of Parivatan submitted an RTI "instrumentality of State") which is required application to seek the attendance register 14 to reply expeditiously or within thirty days. of the sweepers. To their surprise, they were marked present for all the dates. Achieving success To strengthen their case, Parivartan volunteers formed Mohalla Samitis in In Rampura Dehat of Jalaun district of every lane of the area and provided an Uttar Pradesh people were unaware about attendance register. The attendance for the sweepers was marked thrice a day.

The representatives from the Mohalla Samiti followed the same procedure to mark the actual presence of sweepers. Later when the attendance register of the MCD official and Mohalla samiti were compared, there was no tally of attendance records. Armed with this information, a complaint was filed with the Municipal Corporation of Delhi resulting in sweepers coming back to work. They were threatened with salary cut, in case they do not attend duty. The situation has improved drastically with the sweepers now knocking the doors after cleaning the WaterAid India area to ask if the work has been done well. The journey for Santosh however was not government schemes and entitlements smooth. The sweepers used to threaten under the Public Distribution System and abuse her. Yet she carried on, until (PDS) and National Rural Employment the sweepers began to report for duty and Guarantee Act (NREGA) programmes. the area was cleaned. They were not getting their jobs under NREGA, implementation of which was Testing contaminated water marked by severe shortcomings. The PDS was not functioning properly and there Shapelli is a small village in Warangal were delays in issue of Below Poverty district of Andhra Pradesh with the majority Line(BPL) cards. people belonging to the backward castes. The village had received the Nirmal Gram Parmarth Samaj Sevi Sansthan, a Puruskar last year and also has piped WaterAid partner stepped in. As part water supply for people in their homes. of their programme, a Village Water However, the water in the area has excess and Sanitation Committee (VWSC) was fluoride levels. The villagers have been formed and community cadres trained suffering from mild to acute fluorosis due on the various provisions under NREGA to consumption of fluoride rich water. and other government programmes. They also sensitized the community on the use The village panchayat did not have a of RTI and submitted RTI applications to water quality testing kit and the residents seek information. As a result: wanted to have one to test the levels of ‡ 7KH SDQFKD\DW DOORWWHG ZRUNV OLNH fluoride in their water. The villagers filed an deepening of pond. The process of RTI application to know the status of the getting job cards has been streamlined. village getting a water quality testing kit People are now getting better work and under the water quality programme of the wages under NREGA. Public Health Engineering Department. The result of their action was that the ‡ 7KH SHRSOH DUH JHWWLQJ IRRG LQ panchayat got a water quality testing kit appropriate quantity and with proper in the first phase of distribution which was pricing. Correct entries are also being due to them in the second phase under made in the ration cards. the normal course. The villagers are now using the kit to monitor the quality of ‡  SHRSOH KDYH UHFHLYHG WKHLU %HORZ water. Poverty Line (BPL) cards. 15 Abhiyan

Miles to go in Kasba village of Jalaun district of U.P was a pioneer in filing RTIs in his village. Though the RTI Act was passed in 2005, He filed an RTI seeking information of total all the sections of the act have not been funds spend in the development of the implemented. There are challenges in village. On not receiving information from the process of seeking information from the pradhan he moved the application the government departments. People are to the Public Health Engineering not getting the desired information on Department so as to create a pressure time and there have been instances in on the pradhan to provide him with the Jharkhand where it has taken 180 days information. for people to get a response. The pradhan started threatening him. The level of awareness of people on the Nobody knows what threat Shyam use of RTI continues to remain low. A Prakash got from the pradhan, but one study by National Campaign for People’s day Shyam Prakash left the village with Right to Information across ten states of his family. No one knows where they India has revealed that 45 per cent of have gone. For the intimidated villagers urban respondents (from state capitals of Kasba, RTI is a nightmare, mention and the national capital) claimed that they of which brings forth the memories of knew about the RTI Act while 40 per cent Shyam. They are happy to adjust with of the respondents in district headquarter the problems rather than challenge the towns knew of the Act. In rural areas the authorities. figure was a dismal 20 per cent. Thus, the success of the RTI Act will depend on the RTI is an important tool to help people legal literacy of the common people. realise their right to safe water and sanitation. WaterAid India's (WAIs) While RTI has increased people’s pressure partners have been training communities on government institutions and helped in on the use of RTI. People in WAI project solving their problems, there have been areas have filed RTIs to seek information examples where people have opted out on the implementation of government because of the harassment faced in their programmes, expenditure under various fight for seeking information. schemes and monitoring of programmes related to water and sanitation and 16 Shyam Prakash, a 40 years old carpenter, various other social security programmes. Supreme Court on Water Crises in India

Toolika Ojha, WaterAid India

The Hon’ble Supreme Court of India has Constitution of India cannot be exercised taken a serious note of the water crisis without these basic human rights.” facing the country. In recent judgments, it has observed that the Right to Water -Chameli Singh & Ors.Vs. State of Uttar is part of Right to Life guaranteed under Pradesh & Ors. Article 21 of the Constitution of India. Some observations of the SC are quoted The same view was taken by the Court below: in several other decisions. Noteworthy is the judgment on conservation of “Water is a gift of nature. Human hand wetlands given in March 2009 on a writ cannot be permitted to convert this petition related to protection of wetlands bounty into a curse, an oppression. The in the country for preservation of the primary use to which water is put being environment and ecology (State of Orissa drinking, it would be mocking nature to vs. Government of India and Another). The force the people who live on the bank of Court suo moto expanded its scope and a river to remain thirsty”………. issued notice to the Secretary, Ministry of Science and Technology, Government of - Delhi Water Supply & Sewage Disposal India asking what measures were being Undertaking and Anr. Vs. State of Haryana taken to solve the water shortage problem and Ors. in the country and for implementing the recommendation of the court. “……….Right to live guaranteed in any civilized society implies the right to food, The government had to respond within water, decent environment, education, four weeks. The Supreme Court observed medical care and shelter. These are that one of the main reasons for the basic human rights known to any civilized acute shortage in the country was that society. All civil, political, social and most of the water conservation bodies cultural rights enshrined in the Universal were filled up in recent times by some Declaration of Human Rights or under the greedy persons.

Vijay Kutty 17 The court in its judgment observed that have progressed significantly in this area. “Unfortunately, people have forgotten the wisdom of our ancestors and that is why In particular this body of scientists should some greedy people, for their personal be requested to perform the following interest and to make money, have filled tasks: up most of the ponds, tanks, etc, and ‡ 7RILQGRXWDQLQH[SHQVLYHPHWKRGRU have constructed buildings thereon with methods of converting saline water the result that in most parts of India, into fresh water; there is terrible water shortage and ‡ 7RILQGRXWDQLQH[SHQVLYHDQGSUDFWLFDO people are suffering terribly, particularly method of utilising water converted in the summer season in both rural and from ice in the Himalayas; urban areas.” ‡ 7RILQGRXWDYLDEOHPHWKRGRIXWLOLVLQJ rain water; The court directed the Central ‡ 7RXWLOL]HWKHIORRGZDWHUE\KDUQHVVLQJ Government to immediately constitute the rivers so that the excess water in a body of eminent scientists in the field the floods, instead of causing damage, who should be requested to undertake be utilized for the people who are short scientific research to find out ways and of water, or be stored in reservoirs for means of solving the water shortage use when there is drought. problem in the country. The recommended body of scientists should be constituted immediately failing which the hardships of the people of India will further increase causing great suffering and social unrest everywhere. The problem brooks no delay for being addressed not even for a day noted the Supreme Court. It quoted a World Bank report that has pointed out that despite the alarming situation there is widespread complacency on the part of authorities in India on the issue

The seriousness accorded by the highest Court to the water shortage in the country can be gauged from a subsequent judgment delivered in April 2009, which directed the central government to form the committee at the earliest, latest within two months from the day of the judgment. 'This committee shall have the Secretary, Union Ministry of Science Supreme Court and Technology as its Chairman. Amongst the members of the Committee will be the Secretary, Union Ministry of Water This body of scientists are to be Resources', the court directed. given all the financial, technical and administrative help by the Central and The Supreme Court proposes to monitor State Governments for this purpose. Help the case. For this purpose the matter will and advice of foreign scientific experts be listed on the second Tuesday possibly and/or Indian scientists settled abroad of every alternative month. who are specialized in this field may also be taken, since the solution to the A progress report will be submitted by problem will not only help India but also the Chairman of the Committee who foreign countries which are facing similar is requested to be personally present 18 problem, some of which may already before the Court. Securing Safe Water: Important Court Judgments

Priya Tripathi, Teri University

Among the diverse uses of water, water There exist various judicial provisions for drinking and sanitation fulfill the basic which a citizen can use in case the needs for life. The National Water Policy, state does not fulfill its responsibilities 2002, prioritises the diverse uses of effectively and there is a breach of these water and keeps water for the drinking basic human rights. purpose at top of the pyramid. The right to drinking water is recognised in India The table below highlights few important as a fundamental right implicitly under court cases and their citation. The cases the provisions of the Constitution and are related to the following categories: through various judicial interpretations. The Constitution of India has enacted ‡ SRRUZDWHUTXDOLW\ various acts and legislation which provide ‡ SRRUVDQLWDWLRQFRQGLWLRQLQWKHFLW\ the guidelines to the states for ensuring ‡ ZDWHUSROOXWLRQ effective water supply and sanitation. ‡ ZDWHUWD[ ‡ GHSOHWLRQRIZDWHUVRXUFHV

Table 1: Court Cases and their judgments

Name of the Ranjan Panda Deciding Court Citation case

The case was concerning the presence of excessive fluoride in the drinking water handpumps set up by the Government leading to illness amongst the inhabitants of the district. Hamid Khan High Court of The Court held that this represented a failure on V/s State of Madhya Pradesh part of the State to fulfill a primary responsibility M.P - 1973 towards it’s citizen and that the right to water was a fundamental right. It ordered the State to ensure clean drinking water is supplied to the citizens and to provide free medical aid to those affected by the consumption of fluoride.

The case was related to extremely poor sanitation condition caused due to pungent smells from open drains, public excretion in slums, and the liquids flowing in the street from the distilleries, in the area coming under Ratlam Municipality. The residents approached the magistrate. Municipal council of Supreme Court The magistrate ordered the municipality to Ratlam V/s of India - 1980 take measures to improve the conditions. Vardhichand The municipality challenged the order of the magistrate in the Supreme Court. In the Judgment, the court ordered the municipality to take necessary action within a stipulated time frame of 6 months. In case of non-compliance, the magistrate was given the authority to punish the offenders. 19 The case was related to the sanitation problem in Jaipur city. The Court drew its L.K. Koolwal V /s Rajasthan High judgment from article 21, article 19(A) and State of Rajasthan Court - 1988 chapter VI of the Rajasthan Municipalities act, S.98. The court ordered the municipality to perform its duty within six months.

Subhash Kumar filed a PIL to bring to notice the pollution of Bokaro River by the washeries of TISCO (TATA Iron and Steel Company).The court held that right to life includes the right Subhash Kumar Supreme Court to enjoy unpolluted air and water. If anything V/s State of Bihar of India - 1991 endangers or impairs the quality of life in derogation of law, a citizen has the right to move to Supreme Court under Article 32 of the Constitution.

WaterAid India The court held that entitlement to clean water is one of the recognized basic human rights. V. Lakshmipati V/s Karnataka High The right to life inherent in Article 21 of the State of Karnataka Court Constitution of India does not fall short of the required quality of life which is only possible in the environment of quality.

The case concerned pollution of water sources in Bicchiri village due to the setting up of Indian Council for industrial units which manufactured acids in Enviro-Legal Action Supreme Court the region. The court ordered the closure of and Ors. V/s Union of India - 1996 the units. It also asked the industries to clean of India (UOI) and the sludge which was left in the area after others. the closure. It asked the industries to pay compensation to the victims as well.

The case concerned levying of water charges Lucknow Griha High Court by U.P. Jal Sansthan. The court ordered that Swami Parishad of Allahabad the consumer should pay according to the V/s State of U.P (Lucknow earlier rates and the new raised tax levels and others. Bench) - 2000 cannot be implemented.

The case concerned pollution of Himayat A.P Pollution Sagar lake and Osman Sagar lake - the main control Board II V/s Supreme Court drinking water sources for 50 lakh people Prof. M.V.Nayadu of India - 2000 in Hyderabad and Secundrabad by the and others. industries. The court ordered the closure of 20 industry. According to the court, providing U.P. Udyog Vyapar drinking water facility is the statuary Pratinidhi Mandal High Court of duty of the zilla parishad and it has no and Ors. V/s State of Allahabad - 2003 right to charge for extra fees for this U.P. and others. purpose. The writ petition was quashed.

The Gram Panchayat refused to give license to the petitioner on the grounds that the over-extraction of groundwater was leading to water shortage in the region and the waste from the industry was polluting the water source. Hindustan Coca-Cola Beverages (P) Ltd. High Court of The court held that the Panchayat V/s Perumatty Grama Kerala - 2005 has no right to cancel the order of Panchayat the government. The decision of the Panchayat is not based on any scientific findings and it is also not backed by any legal measures. The court ordered the company to take measures which Binu Nair could solve the drinking water problem of the people.

Consumer Education Research Society accused Ahmedabad Municipal Corporation (AMC) and the state government against the death caused by jaundice due to contaminated water Consumer Education supply by the AMC. & Research Society & National Consumer others V/s Dispute Redressal The court ordered the AMC to inspect Ahmedabad Commission, New the water tanks at regular intervals. Municipal Corporation Delhi - 2008 It also ordered it to follow the WHO & others guidelines as far as drinking water supply is concerned. It ordered the state government to look into the activity of the AMC. No punitive damage was awarded.

The case concerned the conservation of wetlands. However, the court in its judgement expanded the scope M.K. Balakrishnan Supreme Court of and asked the Ministry of Science and others V/s Union India - 2009 and Technology to submit an affidavit of India and others explaining the measures which have been taken to solve the water crisis in the country. The case is ongoing.

This article is based on a research done by Priya Tripathi as part of her internship with WaterAid India. 21 Action Speaks Louder than Words

Sanjay Singh, Parmarth Samaj Sevi Sansthan

The Bundelkhand region of central India General Elections in early 2009, people has seen low rainfall and successive saw a window of opportunity. “We shall droughts for the past four years. This has cast our vote only to those candidates resulted in shortage of water including who give us the drinking water” said the drinking water forcing people to migrate villagers. People have become sensitive to to nearby towns and cities. Drinking water the issue of drinking water due to prolonged problem in this region has been persistent negligence of government officials and since Independence. The introduction of public representatives. handpumps for providing water helped address the problem but its long term Shave for shower impact was not seen. With falling rainfall and degeneration of water harvesting and The initiative of the people of Garha village recharge structures, groundwater aquifers in Modaha block of Hamirpur district is became empty resulting in handpumps interesting. This village has not seen an becoming dysfunctional at many places. assured supply of water since Independence. People of the region now believe that the Repeated attempts of voicing their concern current problems related to the shortage of to the officials have yielded little results. water is due to the gradual waning of the culture of water harvesting which persisted Handpumps were installed in the village but in this region centuries ago. these yielded saline water, unfit for drinking. As a solution to their problem the villagers decided to get water from the Chandrabal River by digging wells and fetching water by bullock carts. This was however a short term measure and being seasonal, the river did not yield water during the peak summer months.

When the water scarcity intensified in the month of March-April this year, people again approached the government officials for providing water. District officials shooed the villagers away by stating their inability to provide water due to the election code of conduct.

Parmarth The patience of the people of Garha finally caved in. As a mark of protest, the villagers Faced with the acute water shortage people shaved off their heads and undertook a resorted to knocking the doors of the service cremation ceremony of the government provider to solve their problems of drinking departments. This incidence was reported water. Various representations to the line by the print media of the region with departments and authorities yielded little major newspapers carrying out images of results. the cremation ceremony and the protest rally undertaken in the village. The district Providing water has always been a political administration came into action after the issue in Bundelkhand with all political parties newspaper reports came in and the tehsildar promising water and asking for the support made a visit to the village to take stock of of the people in return. These promises the situation. The villager’s message to have seldom been kept, resulting in people the tehsildar was loud and clear, “drinking losing faith in the public representative. water is our right and we should have it in 22 However, with the announcement of the adequate amount”. When Collective Voices Ensures Action Niraj Kumar, Society for Advancement in Tribes, Health, Education and Environment

The Citizens' Action initiative in Santal Parganas division of Jharkhand state has been working to ensure transparency and accountability in local governance especially in the area of water and sanitation, National Rural Employment Guarantee Scheme and implementation of other social security schemes. The Santhal Parganas division is primarily inhabited by tribals. Through Citizens' Action, citizens of the region are engaging in a dialogue process to negotiate with service providers.

As part of the programme, a public hearing Sathee was organized in Dumka, the divisional headquarters of Santhal Parganas, on requiring urgent attention from the February 19, 2009. Around 500 community government authorities: (a) non - functional leaders, cadres, Gram Sabha and Village handpumps; (b) disposal of solid and liquid Water and Sanitation Committee (VWSC) waste; (c) delay in the construction of members participated from Jama, IHHLs and school sanitary blocks; and (d) Raneshwar and Ramgarh blocks. Besides, water quality monitoring / testing of drinking block level Junior Engineers, Assistant water sources. Engineers, Executive Engineers from the water and sanitation department were also The findings were compiled into a report present. and submitted to the Executive Engineer- cum - Member Secretary, District Water Prior to the hearing the villagers had carried and Sanitation Department. Noting the out social audits in their area to ascertain observations the Member Secretary the situation of water, sanitation and health announced a number of steps for solving programmes being implemented in their the problems which included: area. The Gram Sabha members and cadres ‡ &UHDWLRQ RI D GLVWULFW FRQWURO URRP WR presented their findings on the audits. resolve water issues within two days of These findings are mentioned below: receipt of complaint; and, ‡ ,Q  YLOODJHV RI WKH WKUHH EORFNV ‡ ,PPHGLDWHUHSDLUZRUNWDREHJLQIRUDOO of Ramgarh, Raneshwar and Jama the defunct handpumps within 15 days. comprising 3,717 families, only 356 Individual Household Latrines (IHHL) As a follow-up the Divisional Commissioner, have been constructed under the Total Santhal Parganas has taken suo moto Sanitation Campaign; action and called a meeting of all the ‡ $ WRWDO RI  KDQGSXPSV KDYH EHHQ engineers of the division on 20th February. installed in these villages. Of these 90 Telephone number along with staff position handpumps are dysfunctional; of all concerned people was published ‡ 2QO\ VHYHQ VFKRRO VDQLWDU\ FRPSOH[HV in all the local news papers for greater have been constructed in these villages; accessibility. ‡ 7KHRQO\PRGHRI,QIRUPDWLRQ(GXFDWLRQ and Communication (IEC) activities Thereafter two handpump repairing and carried out in these villages are wall installation vans moved to the villages to paintings, which have had little impact repair and restore the non functional hand in inducing behavior change. pumps. As a result over 30 handpumps have been repaired. Funds have also been The Gram Sabha members and cadres released to complete the school sanitary spelt out the following four major issues complexes. 23 Pali’s Fight against Pollution

Mahaveer Singh Sukarlai, Sri Kisan Paryavaran Sangarsh Samity

Pali is a town in Rajasthan situated on Getting our act together the bank of the river Bandi. The town has Rajasthan’s biggest cotton textile A community driven water pollution mill employing over 3,000 workers. The monitoring programme was initiated in problem of falling water tables has led to Pali in August 2008 by SKPSS and Centre acute water scarcity in the city with water for Science and Environment (CSE) being transported by tankers from a radius with the objective of empowering local of 10 km to help the residents of the city communities to monitor water quality meet their water demand. regularly. Field testing kits were provided to the communities and they were trained A dying river to monitor the water coming out of the CETPs and also to sample and test for Dumping of untreated effluent from various pollutants in treated effluents, surface textiles dyeing and printing industries and groundwater. This exercise helped into the river has severely contaminated in generation of water quality data which the surface and groundwater sources. was used to highlight the non-functioning The water pollution has affected land of the CETPs and seek remedial action resources with traces of heavy metals from the authorities. Constant pressure being found in the soil samples collected was built through public meetings, media SKPSS in and around the town. A study by Centre briefings and petitions. for Science and Environment, a Delhi based research organisation found that In April 2008 the Rajasthan High court the river is a cocktail of heavy metals ordered the installation of flow meters resulting in groundwater contamination in all industries to monitor the flow of downstream of the industries. According untreated effluent. It also called for the to Sri Kisan Paryavaran Sangarsh Samity closure of industries in non - conforming (SKPSS), a farmers group in Pali fighting areas and rotational closure of industries in against pollution in Bandi river, about 40 confirming areas a move to balance CETP per cent waste discharged from various capacity and waste generation. In October industries into the river is untreated. 2008, a jan sabha (public meeting) was organised by SKPSS wherein the farmers, Pali was the first industrial town in India industry and the government sat together to have a Common Effluent Treatment to discuss the solutions to deal with the Plant (CETP) set up in 1993. As of March long pending issue of pollution in the river 2009 the city has three CETPs and the Bandi. The agenda that the farmers of Pali fourth one is being constructed. Despite are fighting for include: this, pollution of the river continues. There has been little respite from the pollution ‡ (QVXULQJ WKDW DOO WKH ZDVWHZDWHU LV in Bandi. collected and conveyed for treatment; ‡ )ORZ PHWHUV DUH LQVWDOOHG VR WKDW QR The problems with the CETP include untreated waste is discharged into the the frequent change in pH due to river; continuous discharge of effluents, ‡ 0RQLWRULQJWKHZRUNLQJRIWKH&(73DV resulting in problems during treatment. per standards and industries reusing Many industries are not connected to the the treated effluent; effluent treatment plants and even if they ‡ 5HDVVHVVLQJWKHGDPDJHVDQG are, all the untreated water does not reach ‡ &RPSHQVDWLRQWREHJLYHQWRDIIHFWHG the plants. The industries pay a pollution community. cess of Rs. 65 per 100 kg of cloth (and there are demands to raise the cess to This article is based on a presentation Rs. 90), but the problem of uncontrolled made by Mr. Mahaveer Singh, during discharge continues, probably due to poor WaterAid India’s World Water Day 24 operation and maintenance. Celebrations, March 26, 2009. Bhopal: The Disaster Continues Shalini Sharma, International Campaign for Justice in Bhopal

Union Carbide, responsible for the 1984 mercury in some places were six million gas disaster in Bhopal due to which an times higher than expected. estimated 25,000 people lost their lives so far, had known for more than a decade Slow poisoning that chemicals from its abandoned and dilapidated Bhopal factory were poisoning The effects of the contamination are now the drinking water of local communities. becoming evident. In 2003, a survey conducted by Sambhavna Clinic in Annu During Carbide’s 15 years of operation, Nagar, a basti next to the factory site, production by-products were buried onsite found every second person suffering and the industrial effluent pumped to the from a multitude of symptoms including, factory’s solar evaporation ponds (SEPs) anaemia, abdominal pain, giddiness, leaked frequently causing pollution of chest pains, headaches, fevers, vomiting drinking water sources nearby. Drinking and diminished vision. Later in 2004 a water supplies were often dis-coloured small-scale epidemiological survey done and had a strong chemical smell and by the Madhya Pradesh Government’s taste. Centre for Rehabilitation Studies noted that residents of communities affected In 1999, Greenpeace International by groundwater contamination have provided the first public and scientifically higher rate of skin, respiratory and reliable evidence of massive and spreading gastrointestinal diseases. groundwater contamination emanating from the Bhopal plant in its report, ‘The However, the enormity may be much Bhopal Legacy’. Greenpeace collected worse and more extensive than those 33 soil samples and 22 groundwater revealed in this survey. In December samples from in and around the factory 2002, the Fact Finding Mission on and the results of the analysis showed Bhopal by Delhi-based environmental the presence of high concentrations of organisation Shristi confirmed heavy carcinogenic chemicals and heavy metals. metals like nickel, chromium, mercury Twelve volatile organic compounds, greatly and lead in the breast milk of the nursing exceeding World Health Organization and mothers. The groundwater contaminants US Environmental Protection Agency include some that are toxic, potentially standard limits, were found to have carcinogenic and mutagenic. Infants leached into local tube wells. Levels of born with congenital defects like cleft

Shalini Sharma 25 lips, missing palate, stunted growth York court action. and cerebral palsy have already been observed in high numbers in the affected The key document, an internal company communities. study entitled the “Presence of Toxic Ingredients In Soil/Water Samples Inside Evading responsibility Plant Premises”, gave a frightening insight into the cover-up perpetuated Union Carbide demonstrated reckless by Union Carbide. It stipulated that the and depraved indifference to human life samples drawn in June-July’ 89 from through its Bhopal operations. Unproven land fill areas and effluent treatment pits technology and cost cutting marked were sent to R and D where majority of the operational standards designed for the liquid samples contained napthol the Bhopal plant. There were several and/or Sevin in quantities far more than differences between the Bhopal plant permitted by ISI for on-land disposal. All and Carbide’s West Virginia plant, the samples caused 100% mortality to fish most significant being the mechanisms in toxicity assessment studies and were for waste effluent treatment and disposal. to be diluted several fold to render them In West Virginia, waste effluent would suitable for survival of fish. pass through a treatment plant before being discharged into the Kanawha River A 1997 study commissioned by Carbide while at Bhopal, all raw effluent was from Arthur D Little warned that pollution discharged directly to the on-site SEPs of the underground aquifer (could be Shalini Sharma for containment. happening at a rate far faster than imagined. In a worst case scenario, In a Union Carbide Corporation internal it could take as little as two years to telex on 25 March 1982, the SEPs were contaminate the aquifer. reported to have ‘almost emptied’ through lining leakage. Despite being aware of the Sidelining its own investigations Carbide danger the company chose to do nothing instead initiated a "site assets recovery about preventing further contamination and rehabilitation project" in 1989. The and alerting the communities. Two project focused on assets recovery: years later, these communities were ‘rehabilitation’ comprised infilling of the left abandoned by the Company to face SEPs and some limited bulk chemical the worst effects of the gas along with removal. This was done to evade any the toxic laced groundwater-their only liability and shift responsibility to the source of drinking water. Noticeably, Madhya Pradesh Government. The Carbide continued to insist publicly that factory site was let to Union Carbide by local drinking wells were safe and made Madhya Pradesh state on a long-term behind-the-scenes efforts to rid itself of lease in 1969. The lease agreement responsibility for the site. stipulated the site should be handed back in ‘habitable and usable condition’. In 1990, Union Carbide commissioned the Indian National Environmental Then in 1994 Union Carbide sold its 51% Engineering Research Institute (NEERI) stake in Union Carbide India Limited to to make a study of contamination arising an Indian company, Eveready Industries. from the abandoned and by-then derelict In 1998, in an apparently bureaucratic plant. After publicly quoting NEERI’s blunder, the surrender of the lease was study to deny any danger, Carbide carried mistakenly accepted by a licensing out its own emergency investigation and branch of the local Madhya Pradesh State found severe poisoning of land and water. authorities, even while the State Pollution Later, one of the confidential documents Control Board was supervising limited revealed that Carbide itself placed no ‘clean-up’. Today the site lies derelict and trust in the NEERI data. Carbide did unremediated with about 32 hectares of not make these findings public. These overgrown wasteland, corroding tanks, documents were uncovered in 2002 towers, collapsing buildings and pipe 26 during the "discovery" process in the New work. Building case against Dow- Will the office by residents of Bhopal in New Delhi, ‘polluter pay’? last year in August, Indian Government finally conceded to their demands for Survivor groups and activists have been an empowered commission and legal demanding complete remediation of the action against Dow Chemicals besides site, provision of safe drinking water to committing one billion rupees (£13 million) people in the surrounding bastes and towards advancing many issues including upholding 'Polluter Pays principle' by the remediation while the responsibility making Dow (current owner of Union is apportioned. The Indian agency whose Carbide) pay for clean up. But, due to the inadequacies were revealed in prior political and legal complexities and the assessments, NEERI, was assigned to absence of a suitable ground investigation, assess the current status of contamination. the Indian Government has not succeeded Though activists remain apprehensive in applying this internationally accepted about this study and are demanding a principle so far. Union Carbide is now a fair and technically sound investigation, fully owned subsidiary of the Dow Chemical the study is critical for deciding on clean Company. Dow’s official stance is that they up plan. Another significant development have no responsibility to enact any further occured in March 2009 when 14 of the remediation. 22 settlements facing water contamination were covered by an alternate supply Nevertheless, efforts to bring Dow to book from Kolar pipeline. However, the Indian have been going on both in the US and Government is yet to set up the empowered India. In the US in 2004, in a legal suit filed commission. Shalini Sharma against Union Carbide by seven individual victims and five organisations, the US Facing massive public outrage, Dow Federal Court ruled that the company could launched fresh publicity campaigns to be made to clean up the site provided fabricate an image of being sensitive the Madhya Pradesh State and Indian to human beings and the environment. national governments had no objection. Recently, the company sponsored This was finally confirmed in June 2004, Blue Planet Run in US displaying their with the Indian authorities stressing Union commitment to safe water even though Carbide’s responsibility under the ‘polluter thousands continue to face the horrors of pays’ principle. Later, Union Carbide Carbide’s poisons in Bhopal. appealed and the suit was dismissed in 2005. A sister suit by another victim, again With a similar mandate, in India too, Dow filed in the US in 2007, is currently being pumped up its corporate social responsibility adjudicated before the Second Circuit projects. Yet, with a more aware public and Court of Appeal. This second suit seeks a new generation of Bhopal survivors taking damages for property loss and personal the leadership of the struggle with renewed injury resulting from the contamination. vigour, it is becoming increasingly difficult for Dow to evade questions on liability. Meanwhile in India, the Ministry of Needless to say that Bhopal remains Chemicals and Fertilizers brought a the symbol of Government inaction and formal demand that Union Carbide and its Corporate unaccountability even as the successors pay about $22 million towards debate on the liability of environmental the cost of a thorough clean-up in lieu of and human suffering continues. With a legal determination of liability in a case the disaster entering its 25th year on in the Madhya Pradesh State High Court. December 2009, Bhopal underlines critical Last year, the Indian Law Ministry gave the lessons for world governments, corporates opinion that all of Union Carbide’s liabilities and citizens. However, if and when will the resulting from Bhopal had to be borne by 'polluter pay' still remains to be seen! Dow. This further strengthens the case against Dow. This article is based on a presentation made by Ms. Shalini Sharma, during After an 800 km foot march and a six WaterAid India’s World Water Day month long protest outside Prime Minister’s Celebrations, March 26, 2009. 27 Right to Decent Life Negates any Right to Indecent Water

Ram Gopal Padia, Sr. Advocate, Supreme Court of India

About 40 years ago when American in manufacturing raw leather and were astronauts landed on the Moon, their first discharging effluents into the river Ganga. effort was to enquire whether there existed This, despite the fact that the Supreme water on the surface of the moon. Similarly, Court had given directions to the industries the present American scientists exploring to set up primary effluent treatment plants the planet Mars are gravely concerned and release the treated effluent. Setting up with the existence of water on its surface. the primary treatment plant was necessary This shows the importance of water as an to remove the pollutants coming from the inevitable component of existentialism. tanneries, which otherwise would have According to Manu Smriti, water is ‘jeevan’ contaminated the Ganges. which means life, and it condemns release of urine, night soil, blood or any dirty The Supreme Court felt that there was no substance / poisonous substance into other alternative except to issue directions water. Thus, it dictates maintaining purity to these tanneries to stop working. It has of water which is the strength of life for all. further held that the leather industry is one of the three major industries besides paper and textiles, consuming large quantities of water for processing of hides and skins into leather. Naturally most of the water used is discharged as waste water. The waste water when discharged as such depletes dissolved oxygen content of the receiving water resulting in the death of aquatic life. Moreover, these untreated effluents also pollute the groundwater sources.The court also held that the concept of human environment is not only for the present generation but is an imperative need for future generation also. SKPSS In (2001) 2 Supreme Court Cases 62 – Judicial interpretations A.P. Pollution Control Board II V/s Prof. M.V. Nayudu it referred to the resolution of the In the Indian Constitution right to life is a United Nations Water Conference in 1977 fundamental right under Article 21 and is according to which all people, whatever available to all citizens or non-citizens. their stage of development and their social In AIR 1991 Supreme Court 420 – and economic conditions, have the right to Subhash Kumar V/s State of Bihar, it has have access to drinking water in quantum been expressly held that right to live is a and of a quality equal to their basic needs. fundamental right under Article 21 of the It also referred to an earlier case, viz., Constitution and it includes the right of Narmada Bachao Andolan V/s Union of enjoyment of pollution free water and air for India (2000) 10 Supreme Court cases full enjoyment of life. If anything endangers 664 where it has been held that water is or impairs that quality of life, a citizen has the basic need for the survival of human a right to have recourse to Article 32 of the beings and is part of the right to life and Constitution for removing the pollution of human rights as enshrined in Article 21 of water or air, which may be detrimental to the Constitution of India. In the aforesaid the quality of life. Prof. Nayudu’s case it has been held that in view of the provisions of Environment In an earlier case – AIR 1988 Supreme Protection Act, 1986 and Water (Prevention Court 1037 – M.C. Mehta V/s Union of and Control of Pollution) Act, 1978, State 28 India, certain tanneries were engaged has no power or jurisdiction to issue any No Objection Certificate for establishing any Govt. of A.P. it has been held that even if industry whatsoever unless the permission to prevent water pollution affluent treatment is duly granted by the State Pollution Board plants are established, then also it is the created under the Environment Protection duty of the State authorities for periodic Act. testing to ensure their smooth functioning. Thus constant monitoring of such plants In (2000) 6 Supreme Court Cases 213 – was directed by the Supreme Court. M.C. Mehta V/s Kamal Nath it held that even in cases when a company takes a lease In Research Foundation for Science Vs. for commercial purpose on forest land, it Union of India, 2005(13) SCC 668, it has had no right to interfere with the natural been held that there is a fundamental flow of the river by blocking natural relief/ right of hygienic and safe environment spill channel of the river. This judgment which includes the availability of clean has expanded the scope of Article 21 and drinking water as a fundamental right. In fundamental rights and has held that it this case certain industries in two states should be read along with Article 48-A and of Gujarat and Madhya Pradesh had failed Article 51-A (g), the Directive Principle as to discharge their duties; appropriate well as the fundamental duty respectively. directions were issued by the court. It The court held that any disturbance of the held that indiscriminate dumping of basic elements of the environment, viz., air, hazardous waste due to non-existent or water and soil, which are necessary for life negligent practices together with lack of would automatically be hazardous to life. enforcement by authorities, has resulted in the contamination of groundwater and WaterAid India In (2002) 10 Supreme Court Cases 573 in turn drinking water supplies have been – Vineet Kumar Mathur V/s Union of India affected. The State Governments of Madhya the court opined that in respect of Gomti Pradesh and Gujarat were directed to take River, if there is a real possibility of polluting steps to supply fresh drinking water in oxidation ponds in towns which are identified tanks or pipes. The two states were further as chief sources of pollution, the State must directed to ensure supply of water in such immediately take the steps for acquisition of villages/areas, which are adversely affected such land within three months. Even if there on account of polluted water. are some delays on part of the National River Conservation Authority in taking a It may be added that a large number of decision for the establishment of sewerage cases have recently come up before the treatment plant, the state on its part has to Supreme Court and in various pending initiate steps for acquisition of land. cases miscellaneous applications are being filed every day on the sitting of special In (2004) 12 Supreme Court Cases 118 bench pointing out the negligence of the – M.C. Mehta V/s Government of India it authorities in providing potable water and has again been rightly held that there is a affecting environment specially forest lands. fundamental right to enjoy pollution free water and air. The natural sources of air, In our Constitution there is also a scheme water and soil cannot be utilised if the for equitable distribution of water flowing utilisation results in irreversible damage to from a river and passing through various the environment. It has been very clearly States. Authorities have been set up to hear held in this case that life, public health and the State Governments to work out their ecology have priority over unemployment difficulties regarding sharing of river water. and loss of revenue and that the concept Two recent examples are Cauveri Dispute of development and protection of the and Krishna Dispute, which are being environment are not enemies but the resolved by setting up of Special Tribunal. concept of sustainable development must be applied to make a balance between the Rivers or drains? two. Now coming to the gloomy part, we find that In (2005) 11 Supreme Court Cases 544 – several big rivers like Ganga and Yamuna, K.C.P. Sugar & Industries Corporation V/s etc., have lost their beauty in over-flowing 29 Ranjan Panda

even during monsoon period. Thus, floods are remedy not only for our country but for no longer a sight-seeing place and the rivers the world over? In my opinion, we have are being reduced to big open drains. Huge totally failed to harness the energy of sea dams are blocking the flow of the rivers and water to make safe and pure drinking water diverting the flow of water. This coupled with available. Millions and millions rupees are construction of huge canals are responsible being spent for installing petroleum pipes for this pitiable situation. The justification under Bombay High to distant parts of the allegedly taken is that these are responsible country to make available the petroleum for achieving extraordinary industrial growth products for commercial uses. The and to compete with the world power, such Government is an active partner in the said activities does not take into account that installation. after a few years the damage to the rivers could never be compensated. Various We already know that three - fourth of the cases have been filed and they are pending earth’s surface is covered with water. If seeking directions from the Supreme sufficient attention is paid either globally or Court regarding maintaining of purity of even at the national level to purify the sea water in the river Yamuna which is called water in order to take out its salty contents as ‘Maili Yamuna’ and also the Ganga, but and then make it available through pipelines on account of continued assurance of full to the various parts of the country, problem cooperation by the State authorities, the could be considerably solved. However, Courts are moving slowly in giving real and the snag is that such an adventure is not effective directions. regarded as commercial in nature and it produces no monetary revenue. In view According to the report compiled jointly by of high population of the country, illiteracy 24 United Nations Agencies, growing global and malnutrition, various declarations of population, climate change, widespread the Supreme Court can only be regarded mismanagement and increasing demand as pious. for energy have tightened the grip on the world’s evaporating water supplies. It has The Court must look into this aspect of the been further observed that the strain on matter for solving national water problem water resources increases dramatically as and could give directions to the Central living standards improve, urban areas grow Government to have a network of ordinary and consumption levels increase resulting pipelines after purifying the sea water from in the demand for energy requirements. its salty contents. In my opinion this is the lasting solution to the entire problem rather Looking ahead than taking sketchy steps directing various governments to take appropriate steps, as 30 In these circumstances, what is the real has been submitted above. Understanding the Right to Sanitation

The UN Independent Expert on human (a) the state to refrain from measures rights obligations, water and sanitation, which threaten or deny individuals Ms Catarina de Albuquerque, in her report or communities existing access to on sanitation to the UN Human Rights sanitation; (b) states must also ensure Council has reviewed the links between that the management of human excreta sanitation and a range of human rights, does not negatively impact on human such as the rights to an adequate standard rights; (c) It is also the responsibility of living, to health, and to education. The of the state to ensure that non state report outlines a definition of sanitation actors act in accordance with human in human rights terms which elaborates rights obligations related to sanitation, the content of human rights obligations including through the adoption of related to sanitation. legislative and other measures to prevent the negative impact of non state actors While acknowledging the ongoing on the enjoyment of sanitation; (e) when discussion about whether a ‘right to sanitation services are operated by a sanitation’ exists or not, she concludes private provider, the State must establish that “only looking at sanitation through an effective regulatory framework. the lens of other human rights does not do justice to its special nature, and its Sanitation facilities and services must importance for living a dignified life. The be culturally acceptable. Personal report has supported the current trend of sanitation is still a highly sensitive issue WaterAid India recognising sanitation as a distinct right. across regions and cultures and differing It also calls for taking steps for applying perspectives about which sanitation the maximum of available resources, to solutions are acceptable must be the progressive realisation of economic, taken into account regarding design, social and cultural rights as they relate to positioning and conditions for use of sanitation. sanitation facilities. In many cultures, to be acceptable, construction of toilets will In her report she opines that the states need to ensure privacy. In most cultures, must move as expeditiously and effectively acceptability will require separate as possible towards ensuring access to facilities for women and men in public safe, affordable and acceptable sanitation places, and for girls and boys in schools. for all, which provides privacy and dignity. Women’s toilets need to accommodate This requires deliberate, concrete and menstruation needs. Facilities will need targeted steps towards full realization, to allow for culturally acceptable hygiene in particular with a view to creating an practices, such as hand washing and enabling environment for people to realize anal and genital cleansing. their rights related to sanitation. Hygiene promotion and education is a critical part Recommendations of this obligation. In her recommendations Albuquerque Understanding the human rights enlists the following points for obligations related to sanitation requires a consideration by various national working definition of sanitation in human governments: rights terms. This definition is drawn ‡ 7KH YLWDO LPSRUWDQFH RI VDQLWDWLRQ from elements related to sanitation as should be reflected in national and addressed under international human sub-national budgets, as well as in rights law. The report considers that this budgets for international assistance definition may evolve as the understanding and cooperation; of the human rights obligations related to ‡ 6WDWHVPXVWDGRSWDQDWLRQDODFWLRQSODQ sanitation continues to develop. on sanitation, endorsed at the highest levels, which duly reflects the State’s What does right to sanitation entail? human rights obligations related to Ensuring the right to sanitation will entail: sanitation, ensuring participation of all 31 WaterAid India

concerned individuals, communities with the human rights principles of and groups. States should promote non discrimination, participation, and the participation of national human accountability, and should be aimed rights institutions and sanitation at the fulfilment of the relevant human experts in these endeavours; rights obligations related to sanitation. ‡ 6WDWHVVKRXOGDVVLJQFOHDULQVWLWXWLRQDO ‡ 7KH\ VKRXOG DOVR HPSRZHU ORFDO responsibilities for sanitation at all authorities and communities to levels and avoid fragmentation. comply with human rights obligations Where responsibilities are assigned related to sanitation; to different ministries, departments or ‡ 8QLWHG 1DWLRQV DJHQFLHV DQG institutions, all efforts should be made international financial institutions to ensure adequate coordination; should prioritise interventions on ‡ 6WDWHV VKRXOG DGRSW DSSURSULDWH sanitation and put the human rights policies to expand access to unserved obligations related to sanitation at the and underserved areas, taking an centre of their projects; integrated approach that addresses ‡ 8QLWHG1DWLRQVFRXQWU\WHDPVVKRXOG the underlying structural reasons for support governments in the preparation discrimination in access to sanitation; of national sanitation action plans, ‡ 6WDWHV VKRXOG LQFOXGH VDQLWDWLRQ the revision of legislation, and other in their national poverty reduction activities aimed at the fulfilment of strategies and development plans. their human rights obligations related to sanitation In respect of international organisations and development agencies the report This article is based on the report of the suggests: independent expert on the issue of human rights obligations related to access to ‡ 'HYHORSPHQWDJHQFLHVVKRXOGSULRULWL]H safe drinking water and sanitation, Ms. interventions in the sanitation sector Catarina de Albuquerque. and put the human rights obligations related to sanitation at the core of their The full report can be accessed at projects. They should apply a human http://www2.ohchr.org/english/ rights based approach to sanitation, bodies/hrcouncil/docs/10session/A. meaning that every intervention in HRC.10.6.pdf 32 the sanitation sector should comply Making Government Programmes Deliver

D. Johnson Rhenius Jeyaseelan, Regional Office North, WaterAid India

WaterAid believes that water and WaterAid India supported project is sanitation are basic human rights and operational in 30 villages of Chitrakoot vital for the health, well being and and Banda districts and aims to: dignity of poor people. But there is a ‡ (PSRZHU WKH FRPPXQLWLHV E\ vast majority of people in India who lack informing them of various government access to these basic services. One of schemes, enabling them to make the reasons for this is the prevalent gap PRIs/government accountable for between the service provider and the user programmes implemented in water and in terms of information, participation and sanitation; decision making. As a result projects and ‡ (QDEOH FRPPXQLWLHV WR KDYH VDIH programmes tend to remain as noble access to water and sanitation by intentions only. creating replicable models by leveraging government resources for water and Addressing root causes sanitation; ‡ &UHDWHVRFLDOLQVWLWXWLRQVIRUWKHGDOLWVWR Abhiyan, a Banda based NGO has been enable them to advocate for their rights working in Banda and Chitrakoot districts and entitlements from the government. of Uttar Pradesh since it was established in 1985 and has been a WaterAid India (WAI) Understanding existing conditions partner since 2003. WAI’s intervention Abhiyan with Abhiyan was based on service delivery The first step was to understand ground of water and sanitation infrastructure realities which would help in better for excluded communities through WAI planning of interventions in the villages. and government support. However, the For this two measures were undertaken: problem with this service delivery model was that though it improved people’s 1. Baseline survey: A baseline survey was access to water and sanitation facilities, carried out as part of the project, the aim it focussed only on service provisioning being to capture the current status with and there was a disconnect between the regard to water and sanitation availability service provider and the user. It was also and usage and hygiene practices being realised that for a sustained programme followed by the communities. Some of the for ensuring basic services, one needs major findings of the survey include: to be part of the development process. Keeping this in mind Abhiyan in its new ‡ SHUFHQWIDPLOLHVXVHKDQGSXPSDV project cycle beginning from 2008 shifted a source for drinking water; its focus from service delivery to a right ‡ SHUFHQWIDPLOLHVVSHQGPRUHWKDQ based approach in water sanitation by 30 minutes, while 42 per cent families adopting a few villages under Ambedkar spend around an hour for collecting Village Yojna. water; ‡ 7KH SHUFHQWDJH RI SHRSOH ZDVKLQJ The Ambedkar Village Yojna was initiated hands befor eating/handling food is 23 by the Uttar Pradesh government in 1991. per cent, after defecation is 30 per It was launched with the aim of improving cent, after handling children’s faeces is the life of rural people by making them a 7 per cent and after handling animal part of developmental process particularly faces or soil is at 11 per cent; in villages which had a significant dalit ‡ 2QO\SHUFHQWRIWKHSHRSOHDUHXVLQJ population. It also envisaged creating latrines, the remaining 96 per cent go rural infrastructure including hygenic living out for open defecation; through better housing, improved health ‡ SHUFHQWKRXVHKROGVKDYHQRPHDQV services, family welfare, social security, to dispose waste water. Only 2 per land reforms, and employment that would cent households have soak pit/kitchen help in the development of the villages garden; and its people. ‡  SHRSOH KDYH UHSRUWHG LQFLGHQFHV 33 of diarrhoea once or twice in the last would visit their village and made a visit six months while 70 people have had a few days later, where he interacted with incidences of the disease more than the villagers. The impact of the DM’s visit twice in the last six months. Of all was immediate with the following initiated the people who have suffered from thereafter: the disease only 67 per cent visit the hospital for treatment, 21 per cent of ‡ ,Q 3DGUL YLOODJH WKH FRQVWUXFWLRQ RI D them use home remedies. road has started along with installation of 2 new handpumps; 2. Gap analysis: To understand the benefits ‡ 7KHSDQFKD\DWKDVDVVXUHGVXSSRUWIRU which have accured to the communities subsidy for all families for construction due to the Ambedkar Yojna ever since of household latrines; it was initiated and the deficiencies in ‡ ,Q WKH QHDUE\ KDPOHWV RI 'HORUD the programme implementation, a gap construction of household latrines was analysis was done in the project villages. completed; The analysis covered 13 schemes, from ‡ 3HRSOHZRUNLQJXQGHU15(*$DUHQRZ village development to old age pension, getting the minimum wage of Rs. 100 employment related programme to as stipulated by government. scholarships for students. The gap analysis helped in identifying the main problems in This was followed by a awareness implementation. This was mainly due to programme on the Ambedkar Yojna, lack of awareness of the people about the water, sanitation, hygiene, Right to Ambedkar Yojna and the provisions that Information (RTI) and National Rural they are entitled to in the programme. Employment Guarantee Act (NREGA). They also focussed on community empowerment through the formation of 30 Dalit organisations and 71 Self-Help Groups (SHGs); programmes of hygiene promotion in schools and households; sanitary protection of open well and restoration of water sources. Abhiyan has also organised an interface camp with the Minister for Rural Development, Mr. Daddu Prasad on the status of rural water and sanitation and implementation of government programmes. The next step of action would be to follow up on the report submitted and suggestions made by the minister. Abhiyan The journey for Abhiyan in making the Assertive action people of the region realise and demand their rights has been mixed. Mr. Ashok The finding of the gap analysis was Kumar, convener of Abhiyan says, shared with the communities and also “Through this approach people are not with government officials in the interface only getting empowered but are also able camp organised on 27 May 2009, where to access government schemes and make 200 representatives from 5 villages the service provider accountable.” He visited the District Magistrate’s (DM) asserts that the government officials are office and briefed him on the status of more responsive now and in the earlier implementation of the Ambedkar Yojana approach of service delivery there was very in their villages. They also gave a petition little interaction with the government. He depicting the status and problems in also points out that though the approach respect of individual latrines, water is more time consuming and challenging, sources, ration cards and works under the close involvement of people in 34 NREGA. The DM assured them that he realising their entitlements is something Water and Sanitation needs of People Living with HIV-AIDS

D. Johnson Rhenius Jeyaseelan, Regional Office North, WaterAid India

India has a population of over one billion, require far greater than the 20 liters of around half of whom are adults in the water per capita daily. PLWHA experience sexually active age group. The first AIDS illness and relative weakness requiring case in India was detected in 1986 and close access to water and sanitation since then, HIV infection has been reported facilities. Studies have shown that those in all states and union territories. The traveling great distances to collect water spread of HIV in India has been uneven. will reduce intake of water and use less Certain places have been more affected safe water sources and those without easy than others. HIV epidemics are more access to latrines will often resort to open severe in the southern half of the country defecation. and the far north-east. The highest HIV prevalence rates are found in Andhra When PLWHA are discriminated by family Pradesh, Maharashtra, Tamil Nadu and and community at large they face greater Karnataka in the south; and Manipur and challenges in access to water and sanitation. Nagaland in the north-east. In a society where awareness on HIV-AIDS is low, coupled with prejudices, PLWHA Water and sanitation needs are not allowed to use toilets at home and are forced to go for open defecation. They People living with HIV AIDS (PLWHA) are not allowed access to common water WaterAid India are discriminated against economically points and in households, to a common and socially. They undergo considerable water pot. With already failing health they psychologically stress. The immuno- have to walk greater distances to access compromised status of PLWHA renders water and also to defecate. When the them more susceptible to opportunistic status of PLWHA are not known to family infections like diarrhoea, which is among and community at large, the frequent visits the most common symptoms of HIV to hospitals or recurrent bouts of diarrhoea infection and is experienced by over 90 makes people suspicious towards them. per cent of patients with AIDS. It becomes more frequent as immune deficiency Reaching out progresses. Some of these diarrhoeal diseases are likely to be severe, recurrent In an effort to improve the quality of life of and persistent, and associated with PLWHA, WaterAid India (WAI) in partnership extra-intestinal disease. Also, people with Uttar Pradesh State AIDS Control on antiretroviral treatment (ART) require Society (UPSACS) and CREATE recently greater amounts of water for drinking (at started a project titled ‘Program on Arresting least 1.5 liters per day). A great irony exists Opportunistic Infections for PLWHA’. This in giving advanced, costly life-saving ART to programme drew inspiration from a similar patients with a glass of water that could programme run by WaterAid in Ethiopia. infect them with a life-threatening illness. It The objectives of the WAI programme are is important to maximize the effectiveness to: of these medicines by using safe water for ingesting them, since a side effect ‡ 5HGXFH EDUULHUV IRU LPSURYHG DFFHVV of many ARV drugs is diarrhoea. Further, to sustainable water supply and diarrheal illness in PLWHA can interfere sanitation and hygiene services through with and compromise the absorption of supporting locally appropriate, practical these ART drugs and can even contribute and effective solutions; to developing HIV strains that are resistant ‡ 6XSSRUW1*2VZRUNLQJRQ+,9DQG$,'6 to antiviral agents. and networks of people living with HIV and AIDS; According to a study by the Water and ‡ 7R HVWDEOLVK OLQNDJHV ZLWK ZDWHU Sanitation Programme (WSP), evidence sanitation, and hygiene implementing indicates that HIV affected households agencies; 35 ‡ %XLOGFDSDFLW\RIYROXQWHHUVFDUHJLYHUV access to safe water and sanitation and people living with HIV and AIDS services through the water sanitation through providing them appropriate interventions; information on water and sanitation ‡ ,QVWLWXWLRQV RI 836$&6 DQG 7DUJHW related morbidity, and diarrhoea Intervention NGOs are realizing the management techniques; linkages between water, sanitation, ‡ 5HVHDUFK DQG GRFXPHQW WKH OLQNDJHV hygiene with PLWHA and are integrating and impact of raising awareness on these messages during group and special considerations in service delivery. individual counselling sessions and house visits to PLWHA. In a recent study undertaken as part of the project titled ‘Survey on practices During our visits to DLNs, a female outreach and coping strategies among PLWHA on worker revealed (name not disclosed) “I am Opportunistic Infections’ following findings a PLWHA and working as a outreach worker emerged which describe their health and in Maharajganj DIC. I lost my husband and low economic status: two boys to HIV-AIDS. I have a girl child. I ‡  SHU FHQW RI UHVSRQGHQWV OLYLQJ LQ was not aware that my husband, children nuclear families face discrimination; and I were HIV positive and only after I lost ‡ SHUFHQWRIWKHUHVSRQGHQWVKDYHD my child and husband did I go to the hospital monthly income of less than Rs. 2,000; and came to know that I am HIV positive. ‡  SHU FHQW RI UHVSRQGHQWV VSHQG Immediately I was thrown away by my around Rs. 1,000 per month on health; parents and in-laws and faced considerable ‡ SHUFHQWRIWKHUHVSRQGHQWVVXIIHUHG discrimination in the village. Disgusted I left from diarrhoea in last 15 days during the village and settled in Maharajganj and

WaterAid India the survey period; and, started working here. Recently I got this ‡ SHUFHQWRIWKHUHVSRQGHQWVKDYHQR hygiene kit and also came to know about household latrines and go out to far off key hygiene behaviours through the posters places for defecation. given and through discussions. At present ‡ 1HDUO\SHUFHQWRIWKHUHVSRQGHQWVDUH I am aware of diarrhoea management and unaware of opportunistic infections and have found the hygiene kit very useful”. its prevention; diarrhoea management and linkage of water, sanitation and As part of the project an attempt is also hygiene to HIV-AIDS. being made with UPSACS to advocate with National Aids Control Organisation (NACO) The project is being implemented in 14 ensure elements of water, sanitation and districts of Uttar Pradesh through ART hygiene in the AIDS programmes. centres, District Level Networks (DLN) which are a group of NGOs running In the project, slowly but surely the PLWHA awareness centres called Drop-in Centres are realising the benefits of safe water, (DICs). The project also envisages working sanitation and hygiene in their lives and with Community Care Centres (CCCs) which are improving there practices. The project are treatment centres for patients. The presently has employed five PLWHA as project in its first six months has been able volunteers and is in the process of reaching to achieve the following: out to PLWHA in these districts with water ‡ ,QVWLWXWLRQV OLNH '/1 DQG ',&V KDYH sanitation benefits.

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The Editorial Team WaterAid India First Floor, Nursery School Building Indira Khurana C-3, Nelson Mandela Marg Romit Sen Vasant Kunj, New Delhi – 110070 Ph: +91 11 46084400 Facsimile: +91 11 46084411 Website: www.wateraid.org Email: [email protected]

This publication has been funded by the Department for International Development (DFID). The views 36 expressed within are not necessarily those of the Department for International Development, UK.