0% found this document useful (0 votes)
172 views5 pages

Inter-State Water Disputes in India

1. This document discusses inter-state water disputes in India, which have been a long-standing issue due to India's major rivers flowing across state borders. 2. It examines the legal complexities and political factors that fuel these disputes, rooted in constitutional ambiguities and competing state interests over shared river basins. 3. The literature review covers concepts like water conflicts, agreements, and how population growth and inadequate infrastructure can exacerbate water scarcity and disputes.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
172 views5 pages

Inter-State Water Disputes in India

1. This document discusses inter-state water disputes in India, which have been a long-standing issue due to India's major rivers flowing across state borders. 2. It examines the legal complexities and political factors that fuel these disputes, rooted in constitutional ambiguities and competing state interests over shared river basins. 3. The literature review covers concepts like water conflicts, agreements, and how population growth and inadequate infrastructure can exacerbate water scarcity and disputes.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1|Page Inter-state water disputes

Topic: Inter-state water disputes

Submitted by: Gayathri Praharshitha K

SAP ID: 81021319023

Submitted to: Prof. Sridip Nambiar

SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD


2|Page Inter-state water disputes

Synopsis

India is a country with no less than 16 major rivers. Owing to India's porous borders,
many of these flow into neighbouring countries and have been the source of long-
standing disputes between the nations in which they end their course.

"In India, water disputes have always been a contentious issue. The tensions started
from the British colonial rule and progressed with development in India. The Indian
government has been responsible for managing water resources of its states since
independence."

Interstate Water Disputes are a seamless challenge to federal water governance in


India. Rooted in constitutional, historic-geographical, and institutional ambiguities,
they have a tendency to turn into extended conflicts between the states that share river
basins. This paper examines the constitutional complexities, contentious political
federalism, and identity-based electoral political dynamics that fuel ISWDs.

Literature Review

For domestic requirements, food production, livelihoods, power generation, and so


on, all cultures are extremely reliant on the supply of fresh water (Boronkay &
Warren, 2007). However, there are more serious issues that are linked to water
resources, such as climate change, inefficient water use, natural disasters, and
transboundary rivers. Conflicts may arise as a result of these changes (Salman and
Uprety, 2002). This chapter will go over the literature that describes interstate water
disputes in greater detail.

This chapter will delve deeper into the literature to describe inter-state water disputes,
with the case of the Indian Rivers as a case study. The concept of water conflicts,
water agreements, and the impact of water disputes will be discussed in this chapter.
Additionally, this chapter will show how to resolve water issues.

Alagh, Y.K. (2016) Surprisingly, there has been little discussion on the water
framework Bill, considering that water is a critical issue in India’s federal politics.

Chokkakula (2014) mentioned that water is one of the most important natural
resources that has no replacements due to its greater importance in both ecological
and human usage.

SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD


3|Page Inter-state water disputes

Chitale (2014) More than 11% of the world's population does not have access to
improved drinking water sources. Additionally, water is essential for adequate
hygiene, the manufacture of commercial items, and the provision of commercial
services. Water resources that are shared by different communities as well as at
different transnational boundaries are likewise a major source of contention. The
government has the power to decide who is allowed to use the river on a global level.
It is also determined that a growing number of differences, such as commercial
interests, human rights, local and international laws, local variances, and
environmental changes, create challenges in the resolution process, making water
disputes the most common cause. Excessive derivation of river water, which has a
link with multiple countries, is also a key political source of water conflicts.

(D’Souza, 2009) Water could be transferred from its source to its destination by
changing the path, but that would come at a higher environmental, social, and
economic cost. Inefficient water use in agriculture and industry, dirty water supplies,
and inadequate water supply maintenance exacerbate the problems, leading to
scarcity-induced conflicts among rural people, the poor, and the young.

(Iyer, 2009) Water conflicts are mostly caused by disparities in water users' interests,
a scarcity of water supply, and a larger unmet demand for water. Water issues are
further exacerbated by the government's modifications in laws and rights.

(Samaddar, 2007) It has long been acknowledged that water disputes are primarily
caused by divergent interests among water users and the general public. Water is one
of the most important elements for human activity and life, and its quality and
availability are intimately related.

(Indian Irrigation Commission, 2003) Water security is a concept that examines all
threats in order to implement a safer and more sustainable use of water as a result of
the pressure exerted on water resources by manmade and natural resources, either due
to an excess of water in an unnatural manner, such as inundation or floods, or in the
absence of which causes contamination and drought.

(Kaviraj, 2000) The unequal distribution of water, as well as its extremely


unpredictable availability from one season to the next, makes it difficult for humans to
capture for personal use.

SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD


4|Page Inter-state water disputes

Water conflict is a term that describes a dispute that exists between countries, states,
or a specific entity that is responsible for managing water resources.

(Gulhati, 2000) Water conflicts have primarily occurred between users who are
unable to access water supplies owing to scarcity, which is especially prevalent in
rural areas. Water security is a term that defines a population's ability to ensure access
to sufficient water quantity in an acceptable quality for economic, human, and
environmental well-being.

Ashok Swain (1998) The rapid growth of rural and urban demands for fresh water has
made this finite resource increasingly scarce in India. The current management of the
country's water resources is poor, and attempts at exploiting India's river resources
through large and expensive projects largely have failed. At the root of the problem is
the fact that all of the country's main river basins are to be found across more than one
state. The sharing of their waters has become highly politicised, leading to a number
of acrimonious and sometimes violent inter‐state disputes. Unless the country's water
scarcity problems are addressed by a national water management policy, India's
development and even unity will be severely affected.

Research Questions

This is an informative article about the inter-state water disputes in India.

It discusses:

1. Why these conflicts are unique to this nation?


2. How they started? and
3. How they have continued through time?

This article also goes onto discuss:

4. What is the legal apparatus for resolution of these disputes?


5. Why there isn't a clear solution to these problems?

As well as some other factors that can contribute towards them occurring such as
inadequate infrastructure or population growths that place strain on natural resources.

SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD


5|Page Inter-state water disputes

Scope

This article presents a brief study on the Inter-state water disputes in India, the extent
to which India is affected, as well as the fact that it's an issue that affects many states
in a uniform way, some of the notable disputes concerning inter-State rivers have
been resolved, laws and doctrines in relation.

Bibliography

1. Alagh, Y.K. (2016). “A decentralized approach to water disputes”. The Hindu


Business Line
2. Ashok Swain (1998) Fight for the last drop: Inter‐state river disputes in India,
Contemporary South Asia
3. Boronkay, C. & Warren J., 2007. ‘Water Conflicts in the Western United States’.
Studies in Conflict and Terrorism, 20(2)
4. Chitale, M. A., 2014. Development of India’s river basins. International Journal
of Water Resources Development, 8(1)
5. Chokkakula, S., 2014. Interstate water disputes: Perils and prospects of
democratization. Economic & Political Weekly, 12(9)
6. D’Souza, R., 2009. Nation vs peoples: Interstate water disputes in India’s
Supreme Court. New Delhi, Sage. Dispute in South India”. Water Alternatives,
2(3)
7. Gulhati, N., 2000. Development of inter-state rivers: Law and practice in India.
Bombay: Allied Publishers
8. Indian Irrigation Commission, 2003. Report of the Indian irrigation commission,
1901-1903. Kolkata, Office of the Superintendent of Government Printing.
9. Iyer, R., 2009. Water and the laws in India. New Delhi, SAGE
10. Kaviraj, S., 2000. Modernity and politics in India. Daedalus, 129 (1)
11. Salman, S. M. A., and Uprety, K.,2002. Conflict and cooperation on South Asia’s
international rivers: A legal perspective. World Bank Publications.
12. Samaddar, R., 2007. ‘Flowing Waters and the Nationalist Metaphors’. Studies in
Conflict and Terrorism 20(2)

SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD

Common questions

Powered by AI

Transboundary river management plays a critical role in either mitigating or exacerbating inter-state water disputes. Effective management can promote cooperation and equitable resource sharing, whereas mismanagement can lead to increased tensions and conflicts. Challenges include aligning diverse state interests, establishing enforceable agreements, and integrating environmental and social considerations into management practices. Building trust and creating robust institutional mechanisms are essential for successful transboundary river management .

Water scarcity contributes to the politicization of inter-state water disputes because it increases competition for limited resources. Political leaders often exploit these scarcities to mobilize regional identities and secure electoral advantage, framing disputes as issues of territorial integrity and security. This results in the escalation of conflicts as states fight over access to water resources needed for economic and social stability .

Key sources of failure in large water resource development projects in India include inadequate planning, lack of consideration for ecological impacts, and political interference. These projects often fail to deliver expected benefits and exacerbate water disputes by altering river flows and diminishing trust among states sharing river basins. The politicization of project outcomes further complicates inter-state negotiations, leading to prolonged conflicts .

Environmental changes, such as climate change, exacerbate inter-state water conflicts by altering water availability and predictability. Changes in rainfall patterns and increased frequency of extreme weather events lead to variability in river flows, heightening tensions over resource allocation. To mitigate these impacts, strategies such as implementing adaptive water management policies, investing in water-conserving technologies, and fostering interstate cooperation on ecological conservation efforts could be beneficial .

Inter-state water disputes significantly impede India's development by disrupting agricultural productivity, industrial growth, and social stability. They also strain intra-state relationships and divert resources away from developmental priorities. A national policy addressing these issues should focus on integrated water resource management, promote sustainable practices, establish a centralized arbitration mechanism with binding authority, and incentivize cooperative federalism to balance regional interests with national goals .

The constitutional complexities in India contribute to inter-state water disputes through ambiguities in water rights and responsibilities between the states and the central government. The Indian Constitution does not clearly delineate the roles of different levels of government in water management, leading to overlapping and conflicting jurisdictions. This constitutional ambiguity creates challenges in resolving disputes as it fosters prolonged conflicts among states sharing river basins, affecting the federal governance of water resources .

Political and identity-based electoral dynamics exacerbate inter-state water disputes in India by intertwining water management issues with regional politics, where political entities leverage water disputes to garner electoral support. The political leadership in states often prioritizes regional interests over cooperative solutions, fearing political backlash. Furthermore, these dynamics are used to build political coalitions, making compromise difficult and prolonging disputes .

Inefficient water use in agriculture and industry contributes to inter-state water conflicts by exacerbating water scarcity. Inefficient practices lead to excessive water withdrawal, reduced water tables, and pollution, creating competition among states for dwindling resources. Addressing inefficiencies through technology adoption, regulatory reforms, and sustainable practices is crucial to mitigating inter-state conflicts and improving water sustainability .

Legal frameworks such as the Inter-State Water Disputes Act exist to adjudicate disputes by forming tribunals for legal resolution. However, these frameworks are often insufficient as they are slow, lack binding enforcement mechanisms, and do not adequately address the root causes of disputes like water scarcity and political dynamics. Additional measures such as improving infrastructure, implementing comprehensive water management policies, and fostering cooperative federalism are necessary to effectively resolve such disputes .

The historical context of British colonial rule influences current inter-state water disputes by having laid the groundwork for water management structures that persist today. During colonial times, the management of water resources was centralized, and post-independence, this legacy continued to influence the distribution and governance of water. This centralization has led to conflicts over jurisdiction and resource allocation between states, as the structures originally set up by the British were not adequately adapted to the needs of a federal system .

You might also like