Legal Implication Of Rainwater Harvesting With Special Reference To Rajasthan
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Category: General Law
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LEGAL IMPLICATION OF RAINWATER HARVESTING
WITH SPECIAL REFERENCE TO RAJASTHAN
Adv. Vinita Chouhan, District Court Raigarh, Chhattisgarh
ABSTRACT
Rajasthan known for its vibrant culture is the largest state of India from geographical perspective also it has great thar desert, most of its area are dry because of low precipitation rate being one of the major reason which made Rajasthan climate very hot and dry resulted water scarce situation is prevalent in the state, that’s how the need for water harvesting practices was evolved from the ancient time and people constructed many number of water harvesting construction such as baori, tanka, johad and many more can be witnessed in the many district of Rajasthan.
This paper firstly give a brief introduction about the state of Rajasthan and its situation connected with water resources its availability it protection management and conservation then paper include the various water harvesting practise prevalent in Rajasthan in many local district then also overviewed the legal aspect of water conservation at the national level and some state specific law enacted by the state of Rajasthan then some government department who looks for better management of water resources in India, then scheme implanted by central government and Rajasthan state government at grassroots level for proper and effective management of water policy and conservation scheme, then some practical suggestions regarding conservation of water specially in state of Rajasthan at last conclusion.
INTRODUCTION
Water is called apah in Vedic Sanskrit, it is determined to be a sanctified element in spiritual standpoint among all the religions. Apart from it water is one of the most important natural resources without which life cannot exist anywhere or we can encapsulate it with lucidly statement that “where there is water there is life”. Water is opulence emblematic of any state. For instance, if any state has sufficient water resources, then it will have a better density of verdure, and proper management of the same may lead the state to higher economic growth. Availability of water largely depends on the climate and weather patterns of any area. Rajasthan is one of the largest states as well as the driest and hottest states of India; located in the northwestern part of India, having a tropical desert climate surface.
Rajasthan is the driest state in the country because of the low precipitation rate in the state; therefore, people from this state face many issues linked to water availability. In the state, water accessibility has greater worth than having money in hand, particularly for the women. This issue can be divided into two aspects: one is drying up the surface water, and the second is the depletion of ground water, and the reason is not only confined to the low precipitation but the over-exploitation of the water resources. As far we study Rajasthan, we found that there is only one natural source of water that is water from rain from the ancient time this rainy water has been harvested by adopting different practices by early civilizations and this act of storing water from rain on the surface as well as beneath the ground.
This is how people used to manage the issue of accessibility of water. Water harvesting is now being used as a method of conserving water, and at present, the government at the central and state levels is promoting the same to achieve the conservation goal. It is believed that basic human right cannot be achieved without providing accessibility of clean water. RAINWATER HARVESTING: MEANING AND DIFFERENT PRACTICES Rainwater harvesting refers to an Act or practice to catch the rain and store it on the surface, such as nadi baori or storage tank, and use the same for the purpose of recharging the groundwater, satisfying all the requirements of humans and animals and also for irrigation purposes. It is a strategy of people to acquire water in dry climate. People from early civilizations of Rajasthan have erected water storage tanks called different names such as baori, Tanka, etc.
, which are flourishing today and can be seen in many districts of Rajasthan here and now. Water harvesting practice prevalent in western Rajasthan (i) ANICUT- in simple word anicut is wall made from cement which build vertically to regulate usual pour of water and it hold water in it as per it’s water holding capacity, this method requires edifice of pond at a number of level specially in hilly areas to stop water coming from hills directly, one anicut may have the water capacity of approximately 0. 5 crore. (ii) DIGGIS- this is an initiative of farmers who built diggis near their house or field in which rainy water is collected and later utilised for several required purposes; in this diggis, an adequate amount of water can be stored, which will help farmers in their irrigation field.
(iii) NADI- Nadis area is a natural catchment of rainwater during the rainy season, and the site for nadis is selected by villagers based on the water retention capacity of the slop. Therefore nadis have a higher capacity for storing the rain water for the bathing activity of humans also for the animals. (iv) TANKA- Tanka is made in sandy area to collect the rain water. Designed as an underground and covered reservoir for the collection of water from rain, made from boulders or brick with cement covering along with sand inside to filter the water. Generally, it is 30-40 feet deep inside the land. Rainy water flows and diverted from rooftop, and natural or artificial catchment area to the tanka. Tanka had been erected in western Rajasthan for the community to get drinking aquifers.
(v) KUIS- Kuis may be found in Jaisalmer, Bikaner and jodhpur in larger number, sometimes also called berries basically it is an open erected construction covered by shred of wood therefore it always remain wet around water leakage area it can be found in this is built in a manner that stops the evaporating the collected rainwater in tank. (vi) PAAR - The Paar system is mostly practised in western Rajasthan. It is a communal place where rainy water flows and is stored, and people manage it to infiltrate it into the sandy soil. Water harvested through the Paar system is called patali paani or rajani pani.
(vii) KHADIN- khadin is also called dhora, it was initiated or planned by paliwal Brahmin of Jaisalmer in western Rajasthan for building khadin agricultural land is converted into rain fed edifice for water storage for irrigation purpose and deal with water scares situation. Some other practice of water harvesting in Rajasthan (i) BAORI- baori are a community well-constructed to accomplish the consumption needs of people. Baoris is designed beautifully as a stepwell from all sides of the well, through which people can reach the ground level where water is contained. These baoris can catch the water from rain and may contain for longer duration because of having very low evaporation rate into it People from earlier civilization erected the baori for storing and conserving water.
Purpose behind this is getting drinking water Chand baori is one of the biggest baori in Asia build in Rajasthan. (ii) JHALRA- jhalara is artificial water tank made by human generally prevails in Gujarat and Rajasthan, this has been constructed for community’s performing religious and royal ceremonies, and built to ensure consistent water supply to enclosed area, mahamandir jhalra is oldest jhalra in the state of Rajasthan. (iii) Saza kuva- saza kua is open well made by group of people usually farmer and most important sources for irrigation in eastern Rajasthan. (iv) Gaibiyan structure- it is wall like structure made from stone and welded wire which protect the soil from getting degraded by high flow of rainy water.
Modern and most prevalent practice of water harvesting practice (i) ROOFTOP WATER HARVESTING - as the name suggest water harvesting by catching water from rooftop, this method is very old but nowadays is used extensively to save water in urban building management, in this water is cached from rooftop then diverting the water by pipeline into the dig installed at surface of ground and cover it by boulders and sand which work is to filters the water, noticing is value now government is promoting these scheme in all the level from regional to national scheme.
(ii) PERLOCATION PITS - it is small water catchment which catch and hold the flowing water can be installed in every household, basically is a dug made in the open area of attached with house covered with sand and soil through which rainy water percolate into pit or inside layer of soil automatically thus it is most cheapest which make it affordable for every person and also simplest way to recharge the ground water and maintained the moisture of soil. (iii) ABSORPTION WELL - as the name suggest it absorb the water which come across it this is mass produce made of cement looks like round ring covered with cement concrete available at different size as per requirement by this percolate directly into the deeper layer of soil or container made for the purpose in order to utilize it later.
LEGAL ASPECTS OF WATER IN INDIA In India government vision is make physically available to clean and potable water to every everyone means all people have access to water in their reach and where water is available it should be protected from any kind of pollution and where water is not available or where resources are limited to supply them water by any mean because water is now a matter of right guaranteed under the constitution. So it is the state's duty to supply and conserve water to each and every person. At the central level, the government has enacted many laws relating to water led by the constitution, which is the following. CONSTITUTION OF INDIA Constitution is the law of land which guaranteed right to accessibility of clean and drinking water under various provision which are following.
(i) Seventh schedule- water is state subject with purpose to make law contained under seventh schedule under entry 17 subject to limitation given under entry 56 of union list (list I) according to which water supplies, irrigation canal drainage storage comes within ambit of state list but, it is union who has power to regulate matter ascertaining with inter-state river and river valley for public interest1.
1 Entry 56 of seventh schedule
(ii) Article 21- article 21 of the constitution provides for protection of right to life, it does state provision of water directly but by interpretation done by supreme court in various judgement considered the right to clean water forming part of right to food along with right to clean and healthy environment all these are protected under the heading of protection of right to life. (iii) Article 39 (b) – it provide certain principle of policy must be followed by state that is policy towards ownership and control of material resources of community so as to sub serve the common good, thus it is duty of state to protect and conserve the resources available and disburse the same without any discrimination to all the people from all the community.
(iv) Article 47- it impose duty on state to raise the level of nutrition standard of living and improve public health, it is obligatory on the state to improve the well-being of public by providing uncontaminated and safe drinking water2. (v) Article 262- provides for adjudication of dispute arises between inter-state river and river valley for which parliament by law provide for any adjudication with respect to use distribution or control of water in any inter-state river and river valley3, for the same purpose neither supreme court nor any other court which are not authorised shall exercise matter referred in article4.
(vi) 73rd and 74th constitutional amendment- by this amendment new provision in the constitution were incorporated that is panchayat under part IX and also similarly part IX A was inserted in the constitution by 74th constitutional amendment, by these amendment water supply and management responsibility were delegated to this local elected bodies from panchayat and municipalities for accomplishing the purpose of decentralisation at the same time, thus state will just formulate the law or direction which shall be followed and implemented by this elected local body at the ground level.
2 Hamid khan v. state of Madhya Pradesh, AIR 1997 MP 191
3 Constitution of India, Article 261 (1)
4 Constitution of India, Article 261 (2)
ENVIRONMENT PROTECTION ACT, 1986 This Act is an umbrella legislation enacted by the parliament on 23rd May 1986, which came into force on 19 November 1986; having the purpose of protecting and improving the environment, it covers almost all aspects of the environment, including water and matter connected therewith. Act provides the definition of environment as that environment includes water, air, and land inter-relationships which occur among and between water, air, land and humans, other existing creatures and plants5. The Act empowers6 the central government to take measure and necessary steps for protection and improvement of environment while making coordination with state government such as awareness program at national level and setting down standard for quality of environment etc.
, also making and implementing the rules regarding prevention of water pollution7 , Act also has some penal provision such as if any person or association violate any provision of contained in the Act they have the undergo the procedure given in the Act. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 The Act was enacted by the parliament on 23rd March 1974 and came into force on the date when it shall be adopted by the state, The objectives of this Act are the prevention and control of water from pollution and maintaining and refurbishing the wholesomeness of the same. The act provides for central and state pollution boards along with joint boards to perform such functions as necessary to protect and establish quality and standards for clean water along with spreading awareness regarding the purity of water resources such as river stream wells against pollution.
The act also has some penal provision8 on non-compliance of provision and procedure regarding the same. NATIONAL WATER POLICY National water policy is an initiative for effective management and conservation of water resources; it was first started in 1987. Later, it was revised and reorganized in the year of 2002, then in 2012 with a new and different approach, then earlier, with fundamental changes in
5 Environment protection Act 1986, section 2(a)
6 Environment protection Act 1986, section 3
7 Environment protection Act 1986, section 7-17
8 Water (protection and control of pollution) Act 1972, section 41 to 50
governance structure and supervisory framework. In this paper only water policy 2012 has been discussed because it is in effect in present, which objective and function are following. (i) Water regulating law at national level- policy emphasize the need for development of national framework of law for purpose of water regulation and conservation which role will be to formulate general principle in relation to water management. (ii) Water as economic good- after satisfying the basic hydro need of humans such as drinking, food sanitation etc. beside this water is necessary for running factories which makes water an economic good, which somehow can be priced.
(iii) Climate change adaptation- climate change and water scarcity is connected with each other because availability of water somehow depend on the climatic pattern of concerned area therefore now a day where climate adaptation concept is going on everywhere to get unaffected from its impact, we should not treat both the concept as different but rather than solving water related issue must be part of climate adaptation policy by the government.. (iv) Community involvement- without community no policy can perform better and in order to remove implementation issue we must involve community from the society by making them aware about the problem concerned, which will definitely work.
(v) Integrated approach towards saving water resources- by integrating all the policy made by the central and state government that is from taluka level to national level water saving effort will definitely work, it can be one of the strategy of the government that it will integrate all the approach from level of regional to state and national level, this can help in implementing the policy and scheme at grassroots level. (vi) Water for different purpose- with the time new concept such as water footprint water auditing water credit has been emerged by which wastage of water can be reduce up to certain possible extent.
(vii) Water resources planning- resources of water can be surface water and ground water , proper management and planning of this said resources along with its development such as river linking may be main helping guideline for regulation and management of available water resources. (viii) Optimal use of water- if water is available we must use it to satisfy our need and not the greed, it must be form part of government policy to minimize over exploitation of water for any purpose either be it a domestic or commercial and to stop over excess use of water and along with to maintain its quality balanced with quantity may prove as the key feature of this policy (ix) Water supply and sanitation- supply water to every household is now main aim of the government sanitation with proper drainage system must be attached with this plan then only we may get pure and clean water.
(x) Information system- all the data related to water availability its quality and maintenance or we can say track record of water must be regularize by the government time to time it must be open to the public for public interest and in good faith except the data belongs to confidential category. (xi) River project- interlinking of river across different state may help in enlarging the water resources and river capacity which ultimately raise the availability and quality of river. (xii) Grants to the state- grant is one important factor for implementing any scheme union and state at their respective level must allocate sufficient grant in water budget. So that it can be utilized for the purpose of research and technology development for water conservation.
(xiii) Enhancing water availability- to enhance availability of water we must be acquainted with about the available water resources for present scenario so that we can proceed in reference to future for this periodical water assessment can be followed by authority and this assessment must follow scientific procedure, this plan can include artificial recharge of water also. STATE LAW MADE BY RAJASTHAN FOR WATER CONSERVATION RAJASTHAN STATE WATER POLICY 2010 With an aim to provide sufficient water to the people of Rajasthan from urban to local areas also, to complete multipurpose projects based on water, and to regulate water-related subjects such as technical, social, environmental and sustainable related aspects. This policy has following purpose as well as recommendationsi.
To balance between growing demand and supply of water by prioritise the allocation of water such as human drinking then livestock drinking then drinking domestic then commercial purpose then agriculture then power generation then environment then industrial then cultural use ii. To support capacity building such as technical, government authorise, and improve the efficiency of them. iii. To adopt the multi sphere approach for water conservation and management policy and program. iv. To focus on development and protection of tradition water conservation structure v. To focus on budget to be increased for proper implementation and sponsored all the water policy. vi. Imposing restriction with penal liability on discharging effluent directly to water or otherwise. vii.
Quality of water always to be checked and managed and ensure the same while providing to public specially for drinking purpose. viii. Support community participation making them part of every scheme as far as possible. ix. To monitor and evaluate the outcome of water policy program existing. x. Encourage research in field of water and conservation and management specially those which are having reference to Rajasthan so that authentic data me gathered which will ultimately help the government to frame the law improve loophole in the existing policy.
RAJASTHAN URBAN WATER SUPPLY POLICY
The policy is restricted only to urban zones among state of Rajasthan, with aim to supply water with reasonable, main contention of the policy are followingi. To ensure complete water coverage to household in urban area of the state 24/7 via pipe or tap connection. ii. To get the vision completed that is socio economic development of Rajasthan state by ensuring quality water to satisfy all the need of water. iii. Cooperate in work with PHED9. iv. To make available water with ensured quality because satisfaction of people is the ultimate aim to achieve. v. To improve quality of environment and lives via conservation and management of water resources. vi. To give attention developing key infrastructure that is community participation and restore of traditional water system to that water scarce situation can be tackled. vii.
To adopt integrated method to improve and conserve available water resources. viii. To allocate the responsibility among different stakeholder such as private and public affiliated group. To work upon system of financially viable and increased its efficiency such as water tariff, monitoring mechanism, regulatory framework. CENTRAL SPONSORED SCHEME FOR CONSERVATION AND MANAGEMENT FOR WATER (i) ATAL BHUJAL YOZNA- this is central sponsored scheme brought in 2019 and introduced by ministry of jal Shakti10 also financed by government of India and
9 Public health engineering department
10 Earlier to 2019 known as ministry of water resources, river development and ganga rejuvenation
world bank having proportion of 50:50 with objective to promote sustainable ground water management via community participation at panchayat level in selected water scares or dry area on the basis of availability of ground water in that area its utilization exploitation and effective work to conserve ground water in their respective state such as Rajasthan, Gujarat, Haryana, Karnataka, Madhya Pradesh, Maharashtra, Uttar Pradesh by changing in behavioural pattern from demand side. It envisioned public participation by creating.
(ii) JAL SHAKTI ABHIYAN- this initiative was also propelled by ministry of jal shakti by this movement central government aims to wisely utilize the impending monsoon season in order to enlarge and promote its exertion of water conservation in rural areas with aim to conservation of water and water security in all over the country through a collective effort of various ministry under the government of central and state both, to achieve this aim movement targeted on water stressed district and blocks, some of step taken under this campaign are followinga. Conservation of water and rain water harvesting. b. Revive the traditional water bodies and recharge the same with water. c. Mindful utilization of available water resources. d. Promote environment friendly activity such as afforestation, respecting nature and its resources.
(iii) JAL JEEVAN MISSION- this mission is result of reshuffling of the movement of national of national drinking water programme it is based on various water conservation efforts like recharging the water bodies, reuse of grey water by making it fit for at least for cleaning purpose and for irrigation also with support from larger public participation, it was started as an initiative taken by central government under the ministry of jal Shakti, having objective to making available the tap water for every home across the country and to make available functional household tap connection to every house for instance “har ghar nal se jal” by 2024, our prime minister had started a mass movement to aware public about the importance of water conservation.
(iv) MGNREGA- Mahatma Gandhi National Rural Employment Guarantee is employment generation scheme for people, the government turned it into the direction of water conservation movement by constructing pond and irrigational channel specially those rain fed area by the people who takes part in said scheme this scheme has made it mandatory to complete the work linked with water conservation nevertheless up to 60%.
(v) CATCH THE RAIN- The Ministry of Youth Affairs and Sports launched an awareness campaign “catch the rain when it falls where it falls” with objective to involving various stakeholder to construct rain water harvesting structure as per mater condition of that area and to implicate public for its batter management at ground level by spreading awareness disseminating information education or by any possible means, scheme resulted in making rooftop water harvest construction, take out the obstacle at catchment area. This all was possible because the youth of the nation understand the importance of water and motivate them to take action in the management and conservation of water.
(vi) NATIONAL WATER AWARD- planned by the department of water resources, river development and ganga rejuvenation under ministry of jal Shakti, with vision “jal samridh bharat” (India opulence with water) to encourage and motivate people who dedicate their work and time to nature and environment by conserving water and honoured their work by giving award. STATE SPONSORED SCHEME IN RAJASTHAN (i) MUKHYAMANTRI JAL SWALAMBAN YOJNA- it was launched by Rajasthan government with having objective to fulfil the basic requirement of water in rural area and to solve all the crises which arises due to water scarcity situation, this scheme was initiated for the first time in jhalawad district on 27 January 2016. The main objective and function of this scheme are followinga. To make Rajasthan water stability state from water scars state. b.
To construct water harvesting structure and promote the existing traditional one. c. To make available potable water to every household. d. To raise the standard of livelihood of domicile. e. To improve the health of people from Rajasthan. (ii) DEVAS PARIYOZNA- this plan was launched mainly in Udaipur to satisfy the demand of water by providing them safe drinking water and water suitable for irrigation by sustaining the lake water during the whole year, and it is hoping that with proper implementation of this project there will not be any water scarce problem in Udaipur.
(iii) IWMP- it stands for integrated watershed management program which firstly started in jodhpur and jhalore district to benefit five panchayat via making group of people active and attentive to save and conserve water by rain water harvesting specially by using the water harvesting structure like tanka, therefore building of tanka was also a part of this program, so that the collected water can be used for satisfying drinking purpose and also use it for irrigation, this give benefit to people with improved agriculture along with enrichment in livestock output, this program thus motivated people to form self-help group to solve their problem.
(iv) JAL JEEVAN MISSION IN RAJASTHAN- under the central flagship program state of Rajasthan made policy and implemented at the grassroots level for solving the water related issue in an urgent basis, jal jeevan mission ensured tap water connection so that people specially women will not have to go long just for aviling drinking water for the said purpose.
(v) WATERSHED PROJECT- it is an umbrella project which include multipurpose task with one objective that is to save and conserve water by collecting the rainy water from rain for the purpose constructing water storage specially those prevalent in Rajasthan from ancient time and use and reuse the collected for as per need, constructing check dam is one of example, the main purpose of this project is to making available the water to farmer for their agriculture, and mainly to fulfil this various water storage drainage was been constructed. CLIMATE OPPORTUNITY IN RAJASTHAN: LEARNING OUTPUTS In the years of June 2023 and 2024, Rajasthan witnessed huge rainfall, which broke the record for the past hundred years, and villagers have exhaustively utilised this opportunity given by nature and turned this chaos of rainwater into a chance of becoming a water-sufficient area at a movement.
They constructed ota anicut for storing water, which will help the soil retain the moisture in it and help people satisfy all their needs and requirements for water, such as irrigation and drinking. This climate opportunity has made us understand the importance of rainwater harvesting and the role of the water harvesting structure in the management and conservation of water, especially in the state of Rajasthan.
ANALYSIS
Water is the utmost natural resources fundamental for existing of life, Rajasthan being the driest therefore state face the problem of water scarcity little more compared to other state of India, being desert affected area the only source of water in Rajasthan is rained only, therefore, it becomes very important to adopt all the traditional and modern practice of water harvesting, although this practice are not new to Rajasthan since it being continuously in use from ancient time but at present scenario it need to revitalise the same at each and every level although the government is doing great to promote rain water harvesting practice by implementing various scheme and spreading awareness among people so that the rainy water which generally runoff in the surface can be catch and the same may be utilized for multiple purposes.
It is the duty of both government and citizen to respect the available water and utilize it wisely because the joint effort of both can solve the issue; other government and non-government institutions may also play a vital role in this. SUGGESTIONS Suggestions have been categorised into the following based on two different stakeholders: the government while framing policy and the individual. For policy maker (i) To give the main focus on the proper and rightful implementation of all the government schemes. (ii) Rainwater harvesting should be an inseparable part of the climate resilience scheme. (iii) Involve and enlarge public participation as much as possible.
(iv) Revitalize all the traditional methods of conserving water. (v) Law should directly refer to rain water harvesting practice. (vi) Plantations should made moral obligation, and their role should be described everywhere. (vii) To have a track record of the quality of water that is being supplied to the public at large. (viii) Awareness campaign to be regularise at least once in a month at different school colleges or any local public gathering place in rural area if possible campaign to be conducted in vernacular language. (ix) Should make strict provisions for making it compulsory to install rooftop water harvesting structures. (x) Water drainage system to be developed and modernised as per budget allocated for the purpose. For individual (i) Wisely utilize the available water resources as per requirement only.
(ii) Cooperates with government authorities and agencies in the implementation of water conservation schemes and policies. (iii) Take active participation in any community building work. (iv) Must install rooftop rainwater harvesting if possible as per the government guidelines. (v) Not to cause any pollutant material in an open area, especially areas near water resources such as ponds and rivers. (vi) We must repair all the water pipe leaks, which usually happen in households and hotels, so that water wastage can be stopped. (vii) While performing the religious activity at the river, do not leave any plastic material such as rapper of fragrance sticks, etc. (viii) Always turn off the water tap if it is not in use. (ix) Every individual must take a moral obligation to protect the environment and its resources.
(x) Everyone must come together joined hand with vision to tackle water scares situation and contribute at their individual level because one single step can be more effective in road of water conservation.
CONCLUSION
Rainwater is the purest form of water we get from mother nature and it does not have any substitute element on the earth, life on earth exist because of water, naturally we can get water from rain directly and from under the surface that is ground water but due to over exploitation it is now depleting and therefore we have only rain water which is constant sources of water for now but due to climatic and whether pattern of state of Rajasthan it receive very low rain fall therefore harvesting this rainwater has become need of an hour, harvesting water is a way to collect rain water, our ancestors used to practice many technique to harvest water which is evident till now and we should adopt the same technique with the help of modern technology to collect water so that we can conserve and preserve water, Government is performing its duty by promoting the water harvesting system by implementing scheme, law, byelaw, notification, policy, but purpose can accomplished only when all the people from different stakeholder of the society such as NGO, local self-help group, student, professional etc.
and all other different institutions will come together and joint hand to save and conserve water, because “save water would mean save lives on earth”.
REFERENCE
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