Policies, Laws and Regulations

This section on the IELRC site contains selected Indian Supreme Court and High Court cases related to water. The decisions related to water and sanitation taken by the Supreme Court since the early years after independence also includes a few cases dating back to colonial times. Notable cases include - 

The human development report for the year 2006 published by the United Nations Development Programme focuses on water and sanitation and is divided into the following chapters:

These papers published by FORWARD provides a background on the water crisis in India and describes the water and sanitation situation in the states of Madhya Pradesh and Maharashtra.

This working paper published on the International Environmental Law Research Centre (IELRC) site maps out the relevant legal framework concerning water in India. The first section delineates water law as it evolved until recently. The second section then examines proposed and ongoing water law reforms that are in the process of completely redrawing India's water legal framework.

This paper published on the International Environmental Law Research Centre (IELRC) site examines the trajectory in debates demanding reforms within the irrigation sector in India and compares it to the reality of the reforms carried out by the State.

Based on this, the paper argues that legal reforms to the irrigation sector are long overdue, but the suitability of the framework adopted by the Andhra Pradesh Government, premised as it is on the “Participatory Irrigation Management” model, needs critical evaluation.

This paper published on the International Environmental Law Research Centre (IELRC) site examines the performance of the obligation by Indian State in terms of universalising access to drinking water to its population. 

This paper published on the International Environmental Law Research Centre (IELRC) website examines the reasons behind the new project and the institutional, financial and legal aspects of the Tirupur PPP.

It also examines important legal issues such as the right to water, competing interests in water, financing of projects, waste water management and the environmental consequences of the PPP. More particularly, it questions the wisdom of planning a water supply project that seeks to prioritize the needs of a polluting industry over the basic water needs of the region.

The New Tirupur Area Development Corporation Limited (NTADCL) is the first public private partnership, set up in 1995 primarily to supply industrial water to Tirupur, a major export centre for knitwear, in India. This water supply and sewerage project is also the first project to be structured on a commercial format; first concession by a state government to a public limited company to draw raw water for domestic and industrial uses and to collect revenues; the first index-based user charges and direct cost recovery for urban environmental services.

This paper published on the International Environmental Law Research Centre (IELRC) site begins with outlining the specific provisions of the Constitution of India and some of the significant statutes that help understand the position of the right to water.

This article published in the Journal of the Indian Law Institute analyses a limited number of regulatory changes that have been proposed in recent years to put the water law framework in line with proposed policy initiatives, provides a general analysis of the law and policy changes that have been introduced and finally, provides some pointers for moving beyond existing reforms with a view to correct some of the perceived shortcomings of existing water law reforms.

History of Water Privatisation in India

Failure of the public sector to provide water to all or to regulate its use that has formed the basis for those who argue that like other resources, water too must be more efficiently utilised.

National Water Policy 2002

Private sector participation should be encouraged in planning, development and management of water resources projects may help in introducing innovative ideas, generating financial resources and introducing corporate management and improving service efficiency and accountability to users.

Where the debate actually gets polarized is whether bringing in efficiency also means bringing in the private sector? Supporters of privatisation argue private companies are better placed to increase efficiency. Critics say private companies will raise tariffs making water unaffordable.

History of Jusco

Jamshedpur Utilities and Services Company (Jusco) is a wholly-owned subsidiary of Tata Steel, the flagship company of the Tata group, formed in 2003. It is the Tata vehicle in the emerging water sector in the country having the experience of managing water service in Jamshedpur city for over nine decades. According to the JUSCO website (juscoltd.com), JUSCO has been managing the water supply of Jamshedpur for the last 102 years. In addition to Jamshedpur and Mysore, it has water supply operations in Bhopal, Gwalior, Calcutta, Haldia, Muzaffurpur and Chennai. Mysore project is the third consecutive prestigious water project it has won (in 2008) — the other two are both build and operate (BOT) projects in Salt Lake Sector-V, Kolkata and the industrial city of Haldia. These three projects coupled with Jamshedpur have enhanced Jusco's credentials as the largest water supply developer and operator in the country. According to the website jipm.or.jp of the Japan Institute of Plant Maintenance, a public corporation under Japan's Ministry of Economics, Trade & Industry, JIPM gave out Total Productive Maintenance Excellence awards in 2008 to fifty companies all over the world and JUSCO was one of the awardees. According to the website globalwaterawards.com, JUSCO was one of just 4 nominees for the 2008 Water Company of the Year global award.

Problems with existing Vani Vilas Water Works in Mysore: (Source: http://www.mygrapa.blogspot.com/)

Mysore city water supply is suffering from many serious problems. A significant portion of customers do not have meters. Most of the meters are not working properly. There is plenty of leakage all over the city. As a result of these factors, only a small fraction of the water pumped into the city gets billed. Many customers do not pay their water bills. So MCC is collecting only a fraction of the amount due to it. Due to lack of revenue, maintenance of the system is not possible. In many localities, water is supplied once in few days. When it is supplied, the pressure is low. Quality of water supplied is also poor. So poor that one can not help wondering why we are not having epidemics every day! No one knows where all the underground pipes and valves are. As a result, in many cases, one can not even localize the problem. These problems are getting worse with time. After spending Rs. 130 crores of ADB loan to provide 24x7 water supply, we are pumping twice the water into Mysore, but the water problem is increasing. Neither MCC nor the Water Board seem to have the technical expertise required to run the water supply system efficiently. MCC does not have the determination to collect its dues in the face of political pressure. Without outside intervention, the situation will soon become irreparable. It is in need of emergency treatment. The only way out seems to seek the help of competent and experienced professionals. But such help does not come cheap.