I.
WATER
FRAMEWORK
ACT:
AN
Why is a national water law necessary?
1. Water, like air, is one of the most basic requirements for life. If a national law
is
considered
necessary
on
subjects
such
as
the
environment, forests, wildlife, biological diversity, etc., a national law on water is even more necessary. Water is as basic as (if not more basic than) those subjects.
2. Under the Indian Constitution water is primarily a State subject, but it is an increasingly important national concern in the context of:
(a) the right to water being a part of the fundamental the right to life;
(b) the perception of a water crisis because of the mounting pressure on a finite resource;
(c) the inter-use and inter-State conflicts that this leads to, and the need for a national consensus on water-sharing principles, and on the arrangements for minimising conflicts and settling them quickly without resort to adjudication to the extent possible;
(d) the threat to this vital resource by the massive generation of waste by various uses of water and the severe pollution and contamination caused by it;
(d) the long-term environmental, ecological and social implications of efforts to augment the availability of water for human use;
1
(e) the equity implications of the distribution, use and control of water: equity as between uses; users; areas; sectors; States; countries; and generations; (f) the international dimensions of some of India’s rivers; and
(g) the emerging concerns about the impact of climate change on water and the need for appropriate responses at local, national, regional, and global levels.
It
is
clear
that
the
above
considerations
cast
several
responsibilities on the Central Government. Some of these can be dealt with only partially under existing laws such as the Environment
(Protection) Act 1986, the Water (Prevention and Control of Pollution) Act