Date: 03/05/2023

Relevance: GS-3: Conservation, Environmental Pollution, and Degradation, Environmental Impact Assessment.

Key Phrases: River Conservation, urbanization, and economic development, River Basin Management, Article 51 A (g), River Basin Organizations, National Water Policy 2012, National Framework Bill, National Mission for Clean Ganga (NMCG), River City Alliance, River Rights, living entity, Universal Declaration of River Rights.

Why in News?

• Rivers are essential components of our natural ecosystem, providing valuable resources such as drinking water, and sediment for floodplains and valleys, and contributing to the rich biodiversity.
• However, rapid urbanization and economic development have resulted in the degradation of our rivers, with dams altering their natural flow and pollution from untreated sewage and industrial effluents.

The Need for River Conservation:

• Dams constructed on rivers often alter their natural flow and disturb the natural sediment distribution patterns.
• Rivers should have continuous flow in time and space to enable them to have self-cleansing powers and ecological flows in all seasons.
• Unfortunately, most of the rivers in India are sewage-carrying drains due to the lack of adequate flow in rivers, discharge of untreated urban sewage and industrial effluents, leaching of agrochemicals, encroachments, indiscriminate mining of sand and pebbles from the riverbeds, and pollution from non-point sources.
• The CPCB report (2022) suggests that out of 1920 river locations monitored during 2019 and 2021, about 43 percent do not comply with the Biological Oxygen Demand (BOD) standard (outdoor bathing).

Effective River Basin Management:

• The Duty of Citizens and Stakeholders:
  • Article 51 A (g) of the Constitution of India stipulates that every citizen has a duty “to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures”.
  • It is the responsibility of all stakeholders to ensure that river water is not polluted.
• River Basin Organizations:
  • Effective management of rivers requires decision-making on all aspects of river basin management. To accomplish this, River Basin Organizations (RBOs) should be established.
  • RBOs play a crucial role in addressing the complex issues of river management.
  • They provide a platform for coordination between different stakeholders and help in the formulation and implementation of policies for river conservation.
• The National Water Policy 2012:
  • The National Water Policy 2012 mentions the need for the conservation of rivers, prohibiting encroachments and diversion of rivers, and recognizes the environmental needs of the floodplain.
  • In consonance with this policy, some States like Maharashtra have framed their policies taking into account aspects of river management.
• The National Framework Bill:
  • The draft National Framework Bill (May 2016) discusses integrated river basin development and management.
  • It mandates every state government to develop, manage, and regulate river basins through a river basin master plan.
  • Unfortunately, the bill has yet to become legislation.
• The Urban River Management Plan:
  • The National Mission for Clean Ganga (NMCG) has proposed the Urban River Management Plan and adopted the River City Alliance (2021) selecting a few cities to plan sustainable management of urban rivers, which is laudable.

Limitations of the Existing River Water Framework:

• The existing river water framework does not cover all dimensions of river management required to restore and maintain the wholesomeness of rivers and their tributaries.
• For example, it is silent on the river reservation zone policy to protect the natural ecosystem alongside rivers and their tributaries.
• Thus, there is a need to re-examine the existing framework for river management in India at the central as well as State levels.

The Concept of River Rights:

• Many countries have taken steps to consider rivers as living entities, a measure that has helped in the conservation and rejuvenation of rivers.
• The idea of river rights is gaining traction worldwide, with several countries adopting this approach.
• Ecuador (2008), Bolivia (2011), New Zealand (2017), and Bangladesh (2018) have recognized their rivers as legal entities.
• In India, the Punjab and Haryana High Court passed an order in 2020 stating that Sukhna Lake in Chandigarh City is a living entity with rights equivalent to persons.
• In 2017, the Uttarakhand High Court declared Ganga and Yamuna and their tributaries as legal entities.

Universal Declaration of River Rights:

• The Universal Declaration of River Rights (as developed by Earth Law Centre 2017) outlines the minimum rights that a river should have.
• These include:
  • Right to flow
  • Performing essential functions within its ecosystems
  • Right to be free from pollution
  • To feed and be fed by sustainable aquifers
  • Rejuvenation and restoration
  • Right to facilitate biodiversity management.

Conclusion:

• The conservation and management of our rivers are essential for the sustainable development of our society.
• The concept of river rights offers a promising approach to ensure that our rivers are protected and restored to their natural state.
• The need for improved river basin management, the adoption of a river reservation zone policy, and the implementation of river rights are crucial steps that must be taken to protect our rivers' integrity and ensure they continue to be valuable natural resources for future generations.

Source: The Hindu BL

Mains Question:

Q. What are the major challenges faced by rivers in India and what steps can be taken to ensure their conservation and rejuvenation? Discuss the concept of river rights and how it can be used as a tool for sustainable river management.