Making water policy and water laws democratic: lessons from South Indian states

Abstract

The present attempt is to propose local people’s involvement in Water Policy and Water Law formulation in Indian sub continent on the growing realization that policies and laws the state governments have so far either visualized or implemented seems remain paper tigers. It examines the existing water laws and its implementation from 3 south Indian states viz., Kerala, Karnataka and Tamil Nadu for this purpose. Analysis shows that water laws mainly are centered on participatory irrigation management and water user associations. Groundwater laws are given lowest emphasis by the state governments where as majority of the Indian population depends upon it especially for domestic use. Indiscriminate sand mining is seen an emerging threat for river hydrological system that has accentuated by income tax rebates and gaps of housing policies. It indicates that the entire process of evolving water policy and laws is devoid of its stakeholders’ participation particularly from the grassroots level. Institutional framework to facilitate local people’s participation like Gram Sabha and Panchayati Raj Institutions are grossly underutilised for this purpose. On this background it examines the recent attempt of Kerala government in facilitating stakeholders’ participation in law formulation in water related Bill, called The Kerala Conservation of Paddy Fields and Wetlands Bill 2007.Length: pp.708-719Water policyWater lawLegislationStakeholders