Author: Yashasvi Maharshi, student of Rajiv Gandhi National University of Law
Water, the lifeblood of civilizations, is of extreme economic, environmental, and cultural significance. Its availability and management have shaped societies and economies throughout history, providing a basis for agriculture, industry, and human survival. Water governance has always been a delicate balancing act in a country like India, with its diverse geography, rich culture, and increasing population. The country has massive river systems, complex ground reserves, and different climatic zones, which create extreme water availability and demand variation. This, coupled with fast-paced urbanization, industrial development, and climate change, makes the management of this vital resource increasingly complex and controversial.
India’s water policies and laws evolve continuously to address the multifaceted challenges. These include, among others, the competition for sharing water between the states and neighbouring countries, overexploitation of resources not sustainably, and increasingly threatening effects of pollution and climate variability. The heart of such challenges lies in balancing competing demands, that is, agricultural, industrial, and domestic, with equitable distribution and ecological system protection. It has, therefore, led to a fragmented and ambiguous legal regime governing water resources in many instances, given its historical framework shaped by colonial legacies and post-independence priorities.
The Evolution of India’s Water Laws and Policies
India’s water governance framework is a patchwork of constitutional provisions, statutory laws, and policies. The legal foundation is derived from the Indian Easements Act of 1882, which has recognized landowners’ rights over groundwater beneath their property. That was appropriate for its time; however, it remains a woefully inadequate legal underpinning for managing overexploited groundwater resources in the present day. Following independence, the responsibility for water governance was primarily transferred to the states as delineated in Entry 17 of the State List within the Constitution, while the central government maintained authority over interstate rivers as specified in Entry 56 of the Union List. The Interstate River Water Disputes Act of 1956 was enacted to resolve conflicts among states regarding mutual water resources. Although this legislation created tribunals aimed at conflict resolution, its effectiveness has been compromised by extensive delays and the absence of enforceable mechanisms. Concurrently, India implemented a succession of national water policies, beginning in 1987 and followed by updates in 2002 and 2012. These policies highlight the importance of integrated water resource management, fair distribution, and sustainability; however, they lack legal authority, which diminishes their enforceability.
India’s strategy regarding water policy has likewise been influenced by significant initiatives, including the establishment of substantial dams, such as Bhakra Nangal and Tehri, which exemplified the post-independence pursuit of autonomy in irrigation and energy production. Nevertheless, these initiatives have also incited disputes related to displacement, environmental degradation, and unequal distribution of water resources, thereby underscoring the necessity for frameworks that are more inclusive and environmentally conscious.
Grey Areas in Interstate Water Disputes and Disputes across Borders
Interstate river disputes are one of the most contentious issues in Indian water governance. The Cauvery River Dispute between Tamil Nadu and Karnataka is a classic example of the difficulties faced in allocating water across political boundaries. Decades-long conflict, shaped by historical agreements, tribunal awards, and Supreme Court interventions, highlights the inadequacies of these mechanisms. Other such examples include Ravi-Beas, Krishna, and Mahadayi rivers; these all indicate how various state interests clash. There is a grey area of considerable significance: the ambiguity surrounding the enforcement of the decisions of the tribunals. Although the 2018 amendment to the Interstate River Water Disputes Act has aimed to expedite resolutions by creating a permanent tribunal, its effectiveness is still unclear. Moreover, the interplay between political considerations and legal adjudication often complicates the resolution process, leaving the affected communities in limbo.
It was, however, not entirely restricted to its internal border, as India shares water resources with Bangladesh through its 54 rivers and big river systems with Pakistan, Nepal, Bhutan, and China. The water sharing between India and Pakistan, since the Indus Waters Treaty of 1960, brokered by the World Bank, remains essentially a foundation of the structure that is under strain these days because of the increased tensions over projects like Kishanganga Hydroelectric Project and other such recent issues and technological advancements.
India’s water-sharing arrangements with Bangladesh, particularly the agreement on Teesta, remain delayed owing to the country’s political sensitivities and regional opposition. It also remains to be said that the majority of such rivers have no binding international framework in place, adding further to disputes and emphasizing more robust bilateral and multilateral cooperation.
Environmental Concerns and the Road Ahead
Environmental degradation and climatic changes have challenged India’s water policy. Industrial and agricultural runoff and urban effluents have seriously polluted several rivers, including Ganga and Yamuna, and programmes like Namami Gange have failed to make those rivers pristine again completely. Ecological changes in the riverine life, in addition to loss of biodiversity, due to big dams have questioned sustainability of those projects.
Climate change compounds these challenges, altering rainfall patterns, intensifying floods and droughts, and reducing the reliability of water sources. The National Water Policy of 2012 acknowledges these risks but offers limited actionable strategies. Integrating climate adaptation into water governance remains an urgent priority.
India is at a crossroads on its water policy. The country needs to tread a complex landscape of competing demands, environmental vulnerabilities, and governance gaps to ensure its water future. The three steps are filling grey areas in interstate and international disputes, and integrating climate resilience into planning. State and civil society relationships with the central government will, therefore, be crucial in making inclusive policies. As ripples of regulation spread across India’s changing water policy, that is needed today and imperative tomorrow must complement each other in such a way as to keep water an element of life and prosperity of generations.
Conclusion
This critical juncture of the country’s water policy and governance requires a comprehensive approach towards resolving the competing demands and concerns related to environmental, along with governance gaps. It highlights the complexity involved in managing this resource, both in terms of diversities as well as changing scenarios over time. India has many challenges to address, including interstate and international disputes, environmental degradation, and climate change. Therefore, India should focus on filling gaps in policies, improving the enforceability of law, and incorporating climate resilience into its governance system. State and central governments must collaborate with civil society in building inclusive policies that water becomes a source of life and prosperity for generations to come.
FAQS
1. What are the key issues in India’s water governance?
These are interstate and international water disputes, overexploitation of resources, pollution, impacts of climate change, and governance gaps. The legal framework remains fragmented and out dated and cannot meet modern requirements.
2. How does India manage interstate river water disputes?
Interstate water disputes are handled by tribunals instituted under the Interstate River Water Disputes Act of 1956. The problem here is that a tribunal does not provide results in time, and its decisions do not hold any enforceable value. The 2018 amendment was made for the tribunal to be made permanent and hence should speed up, but that’s not a known fact.
3. How does India handle international water-sharing disputes?
India shares major river systems with its neighbouring countries, namely Pakistan, Bangladesh, Nepal, and China. Frameworks like the Indus Waters Treaty of 1960 with Pakistan have been there for a long time but are under pressure due to political tensions. Delayed agreements, such as the Teesta water-sharing pact with Bangladesh, reflect regional sensitivities and a need for robust cooperation.
4. How does climate change impact India’s water policy?
Climate change alters rainfall patterns, increases the frequency of floods and droughts, and reduces the reliability of water sources. The National Water Policy (2012) acknowledges these challenges but lacks actionable strategies. Integrating climate resilience into water governance is a critical need.
5. What are the environmental concerns related to water governance?
Industrial pollution, agriculture runoff, and urban effluents have grossly polluted rivers like Ganga and Yamuna. Mass dam projects have brought with them ecological changes, loss of biodiversity, and sustainability in question. Programmes such as Namami Gange has been a partial success in revival of river health.
