Invariably, the demand for water has increased in different sectors of the economy which has led to conflict between the sectors, between river basins, within the river basins, between states within a country and between countries. Given the nature of problems, increasing demand for fresh water on one hand and limited as well as polluted water supply on the other, made the situation much worse in recent years. Against this background, Ayer’s book draws our attention to understand the water related issues in a more comprehensive manner and a lucid style. The book consists of twenty-eight chapters divided into six parts besides the introduction and conclusion. In the preamble, a very brief sketch has been given to understand water. The first part consists of ten chapters that deal with the different dimensions of the water crisis. Of course, it is well known that the demand for water will increase with the high rate of population growth, urbanization and the process of economic development.
Whereas, the supply of fresh water is limited which is leading to scarcity and consequently different forms of water conflict will emerge. To meet the increasing demand, water is diverted from distant basins. International agencies have emphasized the need to introduce a water market so that the demand will be managed by the market. But the NGOs and social activists are opposed to it saying that it will affect a large number of people. Given the macro picture, water crisis in India has emerged invariably in several sectors due to gross mismanagement, failure of water governance and politicization. In the early stage, supply side approach dominated and water management got only a little attention. In this context, the author question’s the demand for water and also suggests that reduction of the water quantity in different sectors will lead to decline of demand in future. How man-made crises are aggravated and disposal of waste water has led to severe water crisis are captured adequately. Interlinking river projects and its related issues are also widely discussed. Iyer also talks about the problems associated with the supply-side and suggests appropriate measures to deal these issues.
The second part consists of five chapters which deal with river water conflicts between countries and between states within a country. Under the Indus Water Treaty, India was allowed to have some limited use on the western rivers. But Pakistan is not allowing building storage on the western rivers. According to the treaty, if any conflict arises, it has to be dealt with at different levels—commission, government, neutral expert, court of arbitration. Due to these provisions, the treaty has remained in place despite three wars. However, dissatisfaction prevails in both the countries. As far as the Jammu and Kashmir region is concerned, unhappiness prevails because the state could not initiate the development projects. While analysing the nature of differences and complexities in the treaty, the author suggests some measures for successful conflict resolution of river water sharing as well as better water management. Differences over Baglihar hydro-electric project on Chenab, a western river of Indus river basin from each country’s point of view were also presented.
The author has analyzed the recent developments in the conflict between Tamil Nadu and Karnataka over sharing the Cauvery river water. He captures, how the Karnataka government has publicized the issues and how conflict emerged within the tribunal and ultimately how the final order was promulgated and how the conflict still persists at the political level. Then, the termination of the erstwhile water agreement, and the accords by the Punjab government in 2004 and its consequences are looked at from the political and legal aspects as well as the federal structure point of view. By and large, river water conflicts are predominantly confined to large projects and the conflicts have emerged mainly because of two factors: i). River structures affect natural water flow and ii). The question related to riparian rights between the upper and lower river basins. The conflicts also are related to environment and security.
The third part discusses conflicts other than river water disputes, displaced people, profit making industries versus human life and privatization and market context development projects versus people’s rights of the displaced people in the Sardar Sarovar project focusing on the recent developments (2006 onwards) towards this issue; introducing the issues and the role of Narmada Bachao Andolan in fighting for the displaced people, how the judiciary’s viewpoints have changed over the period. In 1994, the Narmada Bachao Andolan approached the Supreme Court for the non-compliance of conditional clearance towards the displacement and rehabilitation but was dismissed by the court in 2006. But the Supreme Court overruled the conditional clearance and also abandoned the projects that affected people claims. Precisely how the Supreme Court changed its standpoint towards the affected people and negligence of rehabilitation is captured in detail. In the development process, the nature of increasing competing demand for water among the different stakeholders, and how the profit-making corporate sectors like Coca Cola companies extracted water for commercial purposes by contracting water rights and how it affected the common people is also discussed. The author discusses the problems of privatization of water in the existing legal framework as well as the water market in the groundwater and how it has to be strengthened to ensure the water rights to the people.
In the fourth part the need for new water laws to cover the uncovered water regimes in the existing law, clarity of the existing law to accommodate community participation, drawbacks in the current policies pertaining to water despite inducting water in the constitution and enactment of national water law is also discussed. The legal inadequacies pertaining to the water sector and confusion over the existing water are highlighted. This section recounts from the colonial period onwards as how the water laws were confined only to the canal sources and did not consider the other sources. Even after Independence, except for the inter-state river water disputes even the fundamental right to water was not explicitly stated in the constitution. While emphasizing community initiatives in surface water, the author shows the state controls surface water and its acts are confused in recognizing water control of the former. He suggests that clarifying this confusion would ensure sustainable water resources. Since the groundwater rights are associated with land ownership, an appropriate law has to be enacted to regulate them. He explains the complicated and confused legal system. As far as the big project is concerned, the existing acts have to be enforced and at the same time new acts have to be enacted to protect the people those who are displaced. Given the legal inadequacies and confusions over the laws of water, the author critically looks at the three policies that consist of water components and how they have neglected the core emerging issues pertaining to water and how they became complicated and also suggests what needs to be done to deal with the emerging issues. The author suggests including water in the constitution in an appropriate manner, and also emphasizes the importance of national water law.
The fifth part gives a bird’s-eye view of water related issues in South Asian regions other than India—Pakistan, Nepal, Bhutan and Bangladesh. Focusing on the Indus River Basin of Pakistan, the major water issues are—water deficit in future, water-logging and salinity, inter-provincial conflicts and controversy over the Kalabagh project. The other issues are—river pollution, degradation of coastal zones and sewage disposal. As against Pakistan, Nepal and Bhutan water issues are dominated by hydro-electric project’s which have to be exported to other countries. Water issue in Nepal is by and large for or against the hydro-electric project. Unlike other countries, in Bangladesh water issues are predominantly flood related one’s, of course groundwater issues are also emerging in recent years. It has also discussed the convergences and divergences among these countries. Further, it also emphasizes regional cooperation in different aspects apart from the government level. It discusses the available conflict resolution mechanism at the macro-level, between the countries and within the country inspite of the root cause for these conflict. Further, the international agencies’ formulations in different terminologies on the water related issues and how vague they are is critically analysed, as also the other viewpoints and related complex questions.
The last part deals with the author’s observations and viewpoints on these complicated issues. A few successful non-government organizations and individual initiatives to deal with water related issues are provided in brief. Further, he suggests the need for declaration of water, for the better understanding and also on the required action to be taken. Subsequently, the authors views on the environment and development and the role of technology to arrive at a larger framework are substantiated with the available literature on the environment and development.
I fear that too many value judgments are made in several places as well as on several issues. Several chapters run to two-three pages only and some chapters even make only one point. The author is glorifying a particular research institute initiatives to deal with the interstate water disputes. This kind of initiative may be useful solving the disputes within the canal/state. Since the issue became political, as the author has pointed out, what kind of outcome it will make is an urgent concern. Hence, in fact the attempt is inappropriate at least in this context. Given this simple caveat, the book is valuable for the understanding of water problems and issues in a lucid manner and would be useful not only for the scholars and policy-makers but also for the common man.
Velayutham Saravanan is a Professor at the Centre for Jawaharlal Nehru Studies, Jamia Millia Islamia, New Delhi. He is engaged with economic and environmental history and his area of study pertaining to South India encompasses the late eighteenth, nineteenth and twentieth centuries besides the contemporary period. His publications include ‘Linking the Rivers: Nightmare or Lasting Solutions?’, Man and Development (2004).