CHAPI'ER SEVEN

POPULAR PEOPLE'S
MOVEMENTS IN WATER
RESOURCES
MANAGEMENT & THE
ROLE OF LAW
 7
Popular People's Movements in Water
Resources Management &
The Role of Law
Furqan Ahmad
I. INTRODUCTION
Acquisition, distribution and proper management of water resources is
a mailer of concern to both the state and the people. The three facets of water
resources that appears to be of imporatancc arc drinking water, irrigation (and
hydel) and pollution.
In a state of ecological crisis and degradation of primary vital resource,
the value of people's participation in water resources management increases.
Organised Public Participation is necessary in planning and implementation of
water resources programmes. Much of the public inititativcs so far are
struct urcd through voluntary agencies or other legally constituted private
entitites. But there arc different expectations attached to the notion of public
participation. It ranges from active collaboration by groups with declared
policies of the state, at one end, to militant opposition at the other.
It is important to note the state at which peoples arc pcrscntly allowed
by the state to participate in the natural resources programmes. The truth is
that planners and administrators arc imposing their preconceived ideas of
development, environment and participation on the people, without any
attempt to understand the people, their patterns of life and thinking and the
conditions under which they live.
Both governmental and non-government agencies have much to answer
when they talk of 'people's participation'. Take the example of social Forestry
Programme of the Forest Department of Rajasthan. Under this programme
it is proposed to plant 2';,000 hccters along road sides, railway lines and-canals.
80% of the plantations will compromise of fast growing fuel trees. 25,000
hactcrs will be planted in lots in different villages. Here too, 80% will be fuel
trees. So we will have 50,000 hacters under trees, but where arc the people?
The Forest Department has, interestingly enough, decided that it needs to
protect its 'Social Forestry Scheme' from the people. Hence all the land to be
planted will be taken over by the Department.' More or less the same position
obtains in people's participation in water resources programmes too.
Lack of People's participation or people's involvement in
developmental programmes at the initial stage create a lot of problems. The
planners and technocrates do not seem to know the condition of the people
for whom a development project is proposed. This state of affairs gives birth
to people's movements whcih have emerged 'during the last few decades in
order to rectify the resources problems. The legal frame work which allows
executive lawlessness and non accountability of high level bureaucrfcy
necessitates the aggregation of people's power thorugh these movements, .
244 Water LuI'.' in India

It is important to evaluate the overall impact of these movements on

equitableand efficient watermanagement policies.We will discussin thispaper
variouspopular movements ana the questions that were posed by them in the
recent past. The role of lawtowardstbem and the role of tbese movementsin
originating social intcrest litigations will also be the subject matter of the
present study.
It is neeessUy here to note that we cannot separate water resources
from forest and land resources and therefore water movements are a part of
ecologymovements. The scarcity of water is the direct effect of the lack of
afforestation. When deforestation occurs rapidly water tables go down and
create problems for access to water.
Accordingto one expert, Wthe water crisis can beviewed as arising from
the disruption of hydrological cycle comprising a set of related ecological
processes by which water is made available to an ecosystem tbrough
precipitation, surface runoff, infaltration, soil moisturisation, ground water
recharge, and is rmally returned to the atmosphere through evaporation.
Destabilisatioo of the hydrological cycle results from introduction of changes
in the relativebalance, such as rapid flood water arising from deforestation of
catchmentsas against the nonnaIdelayedground water-based runoffsforming
dependable stream flow where catchmentshavegood protective forest cover.
Such destabisatioD is the result of manipulation of tbe land surface involving
major modifICations 'of the soil-vegetation' system. Modifications in the
soil-vejJctation system are reflected in the changes both in tbe yield and
s.easonility of water availability. since soil and vegetation systems arc
intrinsically linJted to one another, the water crisis is an aspect of the ecological
crisis which is also leading to the erosion of soil and the erosion of biological
productivity........... The failure to relate modifications in land usc with water
resourcesdynamics had led to vast and serious problemsof floods,soil erosion,
land aridisation,water logging aDd salinisation. w3
Anti-drought and desertificationmovements and anti-dam movements
resulting in the problem of rehabilitation and deforestation are linked with
ecology mO\'Cments and comprisedof manyenvironmentalproblems whichare
direc:tIy related to wate'r aisis issues. Therefore we cannot keep them apart
from water problems:
To begjo withlet us consider whatis meant by a 'social movement'.
SOCIAL MOVEMENTS
A SlaDdud,definitionof'Sucia1 Movement'djfmes it as 'sociallysbared
dcmaoda for change in some aspect of social order.
A peopJc'slDOYCment in MichelFoucault's meJlorable words, isnothing
else than aa insurrcctioa of subjugatedIcnowledges.
Social DKM:ments have a more ordess elaborate set of ideology(set of
c:oastitutivc ideas) wbicb bas the aimofremarkingsocio-economicand political
orden, and upoa which their programmes are based. As such, a social
IDO\ICIIICDl MU1d bedermedas a collective effort to transformsome established
sociaI~~l
Every protest movement • local or regional • represents a kind of
pressure group but it need not represent an elaborate ideology. A collective
Popu/IIr PIOpIe's MovonenIS in Water Resources 245
MfIIIIlItI'UlII cl theRole of Low
8dioo which bc<:omcs organised under able leadership, results in development
ofsystems of ideas IDdprogrammesof doctrine and action. Protest accelerates
social mobility of the lower class in India who are vulnerable to other sources
or chaDgc, such as social reform movements and state policy of protective
dcscrimiDation. Protest accentuates social mob~lity by way of its ideological
base supported by organisationand leadership. It is to be noted that most
politicallDd social changes of twentyeth century have been accelerated by
various protest movements.
Three aspec::ts of people's protests through movements are as under:
F'ust, peoplc protest whenthe conditionsunder whichtheylivebecomedifficult
and inadequatc to meet their needs. In another words, their protest is rooted
in thc nature of the development is based on the ever-increasing use of
resourcesby a certain sectionof society, This ever increasingusc first exhausts
the unclaimed 8SSCts and then begins to alienate people from their resources
thattheypreviously owenedor has accessto. In the process a fewpersons make
a lot of moneywhilea lot more get deprived. This process isbeing adopted for
mostof the resources whether they be land, minerals,water, energy,seeds, or
humanlabour. Large centralisedagenciesare takingover the managementand
more and more people are being thrown into the fringes of society.
Consequently people get pushed in to corners and they begin to respond. At
rust, this respoDIC takes the form of pleas, petitions and prayers. But
"authority" has dcvc10pcd a remarkablystandardised formula of reacting to
these with arrogance, indiffercnce and denial. Eventually, when supplication
does not work people either becomes apathetic or they turn militant.
Government, orignally designedas an apparatus for control of law and order
rather than a developmental agency, inevitably responds to militancy with
countcr pressure, force and repression. Once again this may further fuel the
protest of the people or mayterrorise them in to submission. In either case the
root cause of protest does not disappear. Thus the genesis of people's
movements lies an thc nature of developmentitself.Those who are responsible
for channelling development(and the benerlts from it) in a particular manner
to the rich and therefore, arc also responsible for the anguished protest of the
poor.
The second aspect of people's movements is their perception of
problems and priorities. This is what determines whether they will move to
higher Je\ods of action or sink back into dormancy. To an extent this is also
dependable on what they remember of previousexperiences and actions.The
third aspectisthe nature and role of the agenciestryingto help the people. This
is IDimportant area of concern because the agencies against the environment
(degraders) are numerous and strong. The executive arms of the stale-
Planners, scientists and researchers, politicians and policemen, the judiciary
and the media, are, in general, with a few honourable exceptions, committed
toa notioD of 'progress'. He whopaysthe bill (and all environmentdegraders
appear to do that) calls the tune. Hence, unless agencies who have a deep
sympathy for thc people cannot match their sympathy with technical and
OIpnisational competence, they. have lost thebattle before it has begun.
What is commonto these three aspects- the nature of the development
progreas, the perception of people and the role of voluntary agencies, is that
they are clearly associated with what has happened in the past. "Development"
todayis merelya continuationof what washappending yesterday;the attitudes
246 Waler Law in India

of people are conditioned by what. they have been through; and effective
voluntary agencies are strongly rooted in the experiences and aspirations of the
people. A sense of history, therefore, is a living part of any environmental
movement. Where the above three aspects coincide with a marked degradation
of the environment there we will have people making their own history.
11. HISTORY Ot' ECOLOGY MOVEMENTS
Senapati Bapat Sangharsh of pre-independence helps to evolve a
people's movement history. Senapati Bapat led a people's movement ofoustees
at the Mulshi Hydro-power dam (1927-1931) when the thrust was against an
imperial exploitation of indian resources. Rehabilitation was non existent and
only meager compensation was fmally given. This was the first mass based
people's movement. It is elaborately recorded in Bapat's biography.
However, possibly the earliest movement in india relating to
environment was protest against the limited entry into forests. Historical
records show that these took place in areas as far apart as Garhwal and Chhota
Nagpur. In the latter case, tribals in this forested belt of Bihar launched the
Sa.ithal rebellions, the precursor to today's more "bourgeois" Jharkhand
movement. The second most direct form of threat to common resources is from
mining. Jharkhand movement in fact encapsulcs both destruction ofIorests and
land in its slogan: 'CI IIIOTA NAGPUR SANlHAL PARGANA PURE BIHAR leA HAl
KHAZA:~A" indicating how the whole wealth of the state, in terms of minerals
and timber, is located within these two regions. The building of dams has also
galvanised people's movements continiously.ln the case of Koel-Karo, a hydel
project near Ranehi, the same tribals have successfu1lyresisted the project for
several years and for the first time; raised, the demand of "land for land"
meaning that they must be co.apensated for what they wiU lose as a
consequence of the project coming up, both in quantity and quality. Because
Bihar has always been a more politicised state, such resistance has blocked the
project. In other more remote areas, it has not been successful. If the dams on
the Indravati and Godavari rivers in central India have not been built as yet, it
is probably more because of a shortage of funds. Even so, it is creditable that
the 'Jungle Bachao' organisation in eastern Maharashtra has been lobbying
against the 'Bhopal Patnam - Inchampalli' dams, which will also affect Madhya
Pradesh and Andhra Pradesh. While the process of the construction of dams
itself invites opposition from ecology movements, the functioning of the water
projects dependent on the constructed dams goes on to creating further
ecological disasters and movements. People's movements against wide spread
water logging, salinisation and resulting desertification in the command areas
of many dams have been registered. Among them are the instances at the
projects on Tawa, Kosi; Gandak; Tungabhadra; Malaperbha, etc., and the canal
irrigated area of Punjab and Haryana. While excess of water created ecological
destruction in these cases, improper and unsustainable use of water in the arid
and semi-arid regions generated ecology movements in a different way. The
anti-drought and desertification movements, which are called water
movements in strict sense, are becoming particularly strong in the dry areas of
Maharashtra, Karnataka, Rajasthan, and Orissa. Ecological water use for
survival is being advocated by water based movements like Pani Chetna, Pan;
Panchayat and Mukti Sangharsh. Another major movement originating from
the ecological destruction of resources by growth based development is
spreading all along the 7,000 kilometer long coast line of India. It is the
Popu/iIT People'S Movements in Waler Resources 247
MfJlUlgmlent & the Rok ofLaw
movement of small fishing communities against the ecological destruction
caused by mechanised fishing whose instant profit motive is destroying the
coastal ecology and its long term biological productivity in a big way.
m. CLASSIFICATION OE PEOPLE'S MOVEMENTS RELATING TO
WATER RESOURCE AND WATER BASED RESOURCES
To know the details of these water movements many NGOs and social
action groups were visited. There is a lack of documentation on the subject
It can be gathered mostly from various articles and books written on ecology
and environment. The details are scattered over a disjointed literature from
where some information has been collected, analysed and complied for the
purposes here.
One can classify water related movements under the categories of
access, use and productivity in various ways. One classification may be done on
the basis of water as a resource andwater based resources. FIShermen struggles
etc. come under the latter category. It is not possible to put a movement into a
strict category. Some movements are related to both movement against water
pollution of a river, on the one hand, and for the survival of fishermen, on the
other. One type of classification of these movements can be as follows:
(1) Anti-Drought Movements
(2) Anti-Pollution Movements (include Fishermen struggle)
(3) Anti-Dam Movements
(4) Anti-Caste Movements
The anti-drought and desertification movements are becoming
particularly strong in dry areas of the country. Ecological water use for survival
is being advocated by water based movements like Pani Panchayat etc. such
movements are put under the. first category, i.e., of access to water. Some
movements originate from the destruction of water resources through
pollution, these are placed under the second category. There are also many
movements of fishing communities against the ecological destruction in this
country, since their survival is based upon survival of fish, Such type of
movements may also be placed under the same category. Tehri; Narmada,
InchampaJli etc. dams are related to the produce of water and electricity and
the movements against these development projects also come under the third
category.
Some movements are based on access to water on the basis of caste
disabilities which are kept under a separate category. Only one movement of
this type that we have found is 'Mahad Movement'.
In its simplest form it would be better to classify the available water
movements into:
(i) Protest movemnts; and
(ii) Movements suggesting alternative stretegies, especially to meet out
drought situations of the area concerned.
A list/of some of the popular movements surveyed is as follows. The
details about some of these movements is to be found in Appendix.
 248 Water Law in India

1. Movements suggeSlli.g aiJemative strategies

(i) Pani Panchayat
(ii) Sukhmojari
(iii) The Relegan Siddhi
(iv) The Pani March
(v) Gramayan
(vi) Tarun Bharat Sangh
(vii) Baliraja People's Dam
2. Protest Movements
(a) Anti Pollution movements (including fishermen Movements)
(i) Swach Ganga Abhiyan
(ii) Movement against Zawi Agro Chemical
(iii) Movement against Orient Paper Mills
(iv) Movement against Gwaliur Rayons Mavoor
(v) Movement against Harihar Polyfiber
(vi) Kanya Kumari Manch
(viii) India's Marine Fisher Folks struggle
(b) Anti-Dam Movements
(viii) Save Narmada Movement
(ix) Anti-Tehri Dam Movement
(x) Anti-Silent Valley Project Movement
(xi) Anti-Inchampalli and Bhopal Patnam Dams Movement
(xii) Anti-Koelkero Dam Movement.
(xiii) Anti-Sabern Rekha Dam movement
(xiv) Aati-Bodhghat Dam Movement
3. Anti Caste Movements
Mahad Movement [Sangli Dam movement may also be put under this
category)
IV ROLE OF LAW IN PEOPLE'S MOVEMENT
My emphasis in this part will be to show how these people's movements
are backed by legal sanctions, i.e. which laws are liberal enough to encourage
assertation of their rights and which laws the state uses to suppress preople's
movements. It is improtant to note that any law in itself is not liberal or
repressive. It is its use from which emerges its liberational or repressive
potential. We will discuss how it him liberational potential or repressive
potential for these movements.
(1) Laws used to suppress the movements
The state mechanisms of treatment of movements consists of dialogue,
cooperation, exercising some degree of control and lastly outright repression
 PopultuPeople's MOIImImU in Water Resoun:u 249
Managmaent &: the Role oflAw
in the form of lathi charge, firing or mass arrest. Kanyakumari March and
Narmada movements are the latest examples of such type of outright
repressions. The laws in which the state finds potential to suppress people's
mOYelllCnts are provisions of I.P.C., official secrets Act, s.144 of Cr. P.C.,
National SecurityAct, Anti-TerroristAct, and some provisionsof variousstate
irrigation Acts.
We have to see that how these laws may affect the movements and
whether such type of suppression is constitutionallyvalid. First of all we take
theexampleof official secretsAct whichhas been used by the State to suppress
the activists of the verypopular Narmada Movement.
(i) OfficialSecrets ActS
It is the most powerful weapon in the hands of the state to prevent a
democraticwayofassertion.In mostof the dam sites this Act hasbeenimposed.
The government has also been accredited with imposing this Act on all
projects of national importance. The Act was rust applied in 1960when the
Narmada project started but its use became the focus of controversy in the
recent past after 12 villages in the Sardar Sarovar areas were declared as
prohibited places. The Act empowers the government to declare a place as
'prohibited area' on the ground that informationrelating to it would beuseful
to an enemy. Section 5, under which disclosure of information relating to
prohibited places is an offence and punishable with imprisonment up to three
years, is applied. Section 3, is also applied under which anyone found guilty
ofspying can be punishedwith14years of imprisonment.The Act was invoked
in the area in October,l988 and was withdrawn six months later on March JO,
1989. By invoking the Act in tbe area around Sardar Sarovar Dam sites, the
legitimate trade union activiteswere prevented, entry of outsiders in the area
and discussions with them on the project was declared punishable under the
Act. A group of academics, scientists and Gandhians were prevented from
goingon dam site and arrested for spying.
The Act, of course, authorises ~e governmentto notifyworksof public
character as 'prohibited places' but only on the ground that information,
destruction, obstruction or Interference would be useful to the enemy.How a
responsiblegovernmentcould have said that those protesting against the darn
were indulgingin activities useful to the enemy is beyond comprehension. It
maybe true that the protest at the she under construction constituted a threat
. to the interests of the state, but mere suspicion that sabotage may occur is no
ground to exercise powers under the Act. This type of treatment is not
consistent withArticle 19(2)of the Constitution.The exercise of the statutory
power is subject to the provision of the Constitutionwhichdeclares India to be
a democratic republic. Prof. Baxisays:
Contemporary Indian political culture has comprehensively
repudiated the simple and elementary principle of the rule of
lawwhichenjoinsthat legalpowers mayonJy be exercised for
the purposes for which they are conferred, and for no other.
The Official Secrets Act does not contemplate the
suppression of civil and democratic rights in peace time. It
only authorises sUPPJession of espionage and colleboration
with India's enemies.
 2SO Water Low in India

!JnJ~.30, whiJe our.nation was celebrating the Martydom of Mahatma

Gandhi, a significant. Don-Violent disobedience movement and a satyagrah by
thousan~ of oustees ~f Sar~ Sarovar Project were initiated near the multi
crore project, demanding basic ~eedom of expression and right to life. As soon
as the o~tees begaa ~o. 9uestion the benefits of Sardar Sarovar Project
compare~ It to the prohibitive cos~ and the wisdom of !ieedlessly squandering
away nationalresources, the official secrets act comes into force.
Many people in these villages had lost their lands as it had been acquired
for publi~ purres of building Sardar Sarovar. What was the compensation
~h~y received? A me~e Rs. MI· per acre, because the oustees were helpless,
Illiterate and poor tribals, Even twenty eight years of complaining have not
brought t~e tribal any relief. !he irony is that the Pauidars' and Rajputs' lands
were acquired for ~her public ~urpo~s at a price of Rs. 20,000/- per acre. The
oustees were proml~d a paradise on their shifting from their native villages.
Those who shift~ eight years ago learnt to their great grief that the promises
was a bluff. The unposition of the Official Secrets Act was the authorities reply
to the stream of complaints of the oustees.
Most of the villages which have been brought under the official secrets
act are inhabited by primitive triabls living in Kachha houses. The tribals
Kevadia colony township is alsoa prohibited area under the the Official Secrets
Act. However, thousands of people are entering the prohibited area
in-advertently every day as dozens of state transport buses pass through this
area. There is a police station, a bus station, a hospital, a school, a number of
rest houses and a market or two in the prohibited area. Is the notification to
bring a police station, a bus station, a hospital, a school, markets under Official
Secrets Act reasonable? How practical is it to insist that members of marriage
parties and funeral processions in the above mentioned villages obtain passes?
Did the authorities apply their mind at all while they clamped the Act on the
residential areas? Why is not the Boat Club touching the Central Secretariat in
New Delhi brought under the Official Secrets Act. What is so strategic about
the bus stand' in Kevadia colony that entering it and raising slogans in it are
offences punishable with three years imprisonment or are considered acts of
spying,. punishable with imprisonment of 14 years?
The use of Official Secrets Acts to prevent the oustees of the Sardar
Sarovar Project from voicing ,their. grievances marks a milestone in the
government's repression of people'S movements. The Act was used
indiscriminately and for the purposes which bad nothing to do with national
security, That application of the Act should not be general as it is to be applied
cautiously UDderspecific circumstances. Prof. Baxi further states:
It is particularly importantto apply the Act cautiously because
under section 3. the prosecution does not have to prove that
the accused person is guilty of any particular act tending to
show a purpose prejudicial to the safety or interest of the
State. All that is necessary is to show circumstances, conduct
and character which make it appear that the purpose was
prejudicial. In other words those accused of spying the Sardar
Sarovar area could have been convited and sentences up \~
three years merely on suspicion or circumstantial evidence.
Popular People's Movements in Water Resources 251
Management & the Role of Law
The withdrawal of the Act is seen as a victoryfor human rights activits
whohave been opposed to the project right from the beginning.The Gujarat
Government which, with the backing of Centre, was emphatically describing
the project as the 'life line' of the State and labeUing aD those who opposed it
as anti-natiooal and anti-Gujarat·-succumbed to the combined pressure of
Congress(1) and opposition members (now the position has reversed~ who
werevocal intheir criticismor the misuseof the officialSecrets Act. But m the
face of growing opposition to the dam the government continues to resort to
its weD tried methods of suppressing information and silencing its critics. Its
decision to ban a critique of the dam by a noted environmentalists, Alvares
Billorey, is one such example.
The draconian law was put on the statute boo.. by British six decades
ago to crush people's struggle for freedom and to guard against activities
considered deterimental to the preservation of the Raj. Why it is used against
the activitstwho are concerned about the ill effectsoflarge irrigationand hydel
schemes is somethingwhichthe government can alone answer.
(ii) Law of Sedition10
Sedition is a serious offence under I.P.C carrying not just harsh
punishment but a social stigma under which any person is punished who by
words spoken or written attempts to bring into hatred or contempt or excites
disaffection towards the government established by law. In the pre-
independence era this section had been interpreted verybroadly and exciting
or attempting to unite bad feelings towards the government was held
punishablewhether or not it resulted in public disorder. Obviouslythe section
in such a broad form could not be sustained under Article 19(2). The Section
must be interpreted in viewof aD socialpolitical and constitutional changes of
Independent India and it is to be interpreted, applied or enforced only in the
context or Article 19(1), read along with clause (2) of Article 19 of the
Constitution.
It is an offencedefined as behaviourwhichexposesa lawfulgovernment
to disaffection. It appears that the lawfulgovernmentsare themselvesnowbent
upon exercising its power seditiously. The supressive measures used against
Nannada BechaoAndoIan activists and other anti-dam movementsillustrates
this. In a democratic country criticism of government's measures and
administrative actions are to some CoXleDl inevitable, they are made for the
purpose of enlisting popular support. What was damaging for aA autocratic
colonialgovernment is not so far a pepular government - a government which
should neither be hypersensitive nor impervious to criticism. It is astonishing
to assume that those who are protesting against the construction of dams in
order to ;>revent ecological destruction and for proper rehabilitation and
compensationofousteesare indulgingin seditious activities. Similarly, how can
the booksand articles which evaluate the pros and cons of Namaadll project be
seditious. Nor can the demand for 'right to life' by concerned citizens and
protest against big dams be in any wayan act to excite disaffection towards a
democraticgovernment.
252 Water Law in India

(iii) Sec.144 of Cr.P.C. - power to issue order in urgent cases of nuisance

or apprehended danager
This section is commonly used against activists by the State and it
successfully prevents the lawful assembly of activists on various project sites.
They can not assemble at the site and communicatewith the potential victims
of the projects and the workon site continues. This section had been imposed
in the wholeofNandod TalukaofSardar Sarovarprojectsite in order to prevent
the protest meeting of twenty fivc organisations that was to be held on 30th
January, 1989. This section aims at prevention of obstruction, annoyance,
injuryto anyperson lawfullyemployedor danager to humanlife, health or safety
or a disturbance of the public tranquillity or riot or an afray, but before a
Magistrate can act under this section he must be satisfied that immediate
prevention or speedy remedyis necessary. A mere statement that he considers
the case to be urgent is not sufficient if the factsshowthat in realitythere is no
urgent necessity for action. Injuryto property, as distinguished from injury to
person or danger to human life,is not one of the objects for the prevention of
whichan order can be passed under thissection. No doubt the preservation of
public peace is a paramount duty of the government and for performance of
this duty it maybe necessaryto temporarilyoverride private rightswhere there
is cooJlict between publicand private interest. But by imposingsection 144in
the area of dam sites for a longtimeand preventingdemocratic activitiesof the
activists who are opposing the state's wrongtechno-policiesthere is no public
peace that isbeingrestored. TIPsisoutright repression bythe state in the name I
of law. Before proceedingunder this section a Magistrate must salish himself
that there is sufficient ground for actingunder section 144ofCr.P.C. But this
satisfaction should not be politically motivated. The section should be
interpreted in the perspective of a democratice state and not against
environmentalactivists whoare faghting for the betterment of the country and
the people. It is not fair to confer uncontrolled discretion on administrative
officersto regulate the freedomof assembly and procession against ecological
degradation done by the government departments.
(iv) The NationalSecurityAct, 198013
This Act may also be applied and enforced to prevcnt the activitiesof
social workers engaged in faghting against wrong environmental policies and
programmes. Sub-Section(2) ofSection 3 of the Act empowersthe government
to detain a person indulging in the activities prejudicial to the maintenance of
public order and suppliesand survices essential to the community.
In view of the inbuilt safeguard it can DOt be said that excessive or
unreasonable power is conferred under Section 3(3) of the National Security
Act. Under this Section the Commissioner of Police is empowered to pass
orders. Section 3 of Maintenanceof Internal Security Act (MISA) does not
imposeunreasonable restrictionson the fundamentalrightsof a detenue under
clauses (a) to (d) and (g) of Article 1.9 of the Constitution.
Where the Magistrateisnot certain whetherthe activitiesof the detenue
y
endangers public order or securityof the State or he merely (mechanically)
reproduces the language, the. order is invalid. 1 The question whether a
particular Ad causes a breach merelyof lawand order or is serious enough to
disturb publicorder depeods on the factsand circumstancesof each case. The
exercise of power under section 3 or MISA by a District Magistrate is made
Popukir People's MovemenIs in Water RUQUTCes 253
MtIlUIgfmIml cl 1MRole of LiIw
subject to the supervisorycontrol and cLeek of the state government. The
conferment of such power on the District Magistrate cannot in any
circumstance be regarded as an unreaso~fle restriction on the right of
personal hbertyof a citizenunder Article 19.
Where order of detention was based upon grounds none of which had
anynexuswiththe maintenanceof security of state and whichwere not rrAared
to maintenance of public order, the order of detention would be illegal.
(v) Terrorist and DisruptiveActivitiesAct 17
It bas become a regular practice for the police to carry out massarrests,
torture and take bribe from the tribals in the name of curbing the naxalite
menace at many dam sites of tbe country. The atrocity bas seen the arrest of
hundreds of tribals from remote viIIa~es who'wereopposing Bhopal Paln8JJ1
and Inchampalli dams, under the Terrorist Act.r~.ong with increasing
alienation from their traditional environment and deteriorating quality of life
the, tribals are further oppressed by an alien legal systeD:L The Gujarat
Government already stand reproached by the Supreme Court for arbitrary use
of power under Terrorists and-Disruptlve Activities Act. It is surprising how
tbe tribals who are opposing big dams and asserting their traditional customs
and rites, are indulgingin terrorists and disruptive activities. This Act cannot
be fairlyused to supress the movementsagainst bigdams, and it is little wonder
that socialactivists havebegundemanding that tribals be givenprotected status
under the law.
(vi) Irrigation Acts
There are also various Irrigation Acts which are not in keeping witb
people's efforts to rectifythe water resources management problem. These are
mostlypenal provisions of the various Acts where plenty of powers are given
to canal officers. Sangli people's dam is one such illustration. Tbe other
example of the suppressive potential of these laws is the people's tanks
constructed by themselves in Rajasthan under the auspices of Tarun Bharat
Sangh in A1war, a movement to meet the drought situations near A1war, with
prior permissionof the BlockDevelopmentOfficerand the District Magistrate.
The concerned officersanyhowwent back from their earlier decision and the
Government of Rajasthan ordered removal of the tanks although they made
the area green and brought prosperity. The Government served a notice on
13thMarch, 1987 to Tarun Bharat Sangbmentioningthat action wouldbe taken
against them under section 42 of the Rajasthan Irrigation and Drainage Act,
1954, which empowers the State government to prohibit obstruction causes
injuryto any land or public health or public convenience.18 Fifty-two people's
tanks constructed in Jait Bandb catchment area were declared to be illegal
since, as it was alleged, they maycause harm to farmers of the area because in
their construction the prescribed techniques were not adopted and therefore
they may collapse at anytime. It is surprising to note that the legallyvalid and
technicallysound tanks o( the Irrigation Department bave been washed away
during subsequent rainfallwhereasthose tanks, declared illegaland undurable,
survivethe ~nslaught of rains and are still fulfilling the needs of the people of
the region.1 It isdifficult to understand howpeople's effort (or buildingSangli
dam and tanks in Rajasthan by various non-government organisation, like
Tarun Bharat Sangb. could be an obstruction causing injury to public land or
public bcaIth. The dam and tanks built in order to meet out the drought
254 Waler Law in India

situation of the region have more irrigation potential than the Irrigation
Department's works, if it is economically assessed. II is not fair to usc thcxc
laws to suppress the cooperative efforts of people in water fl:SOU rcc
management. The ~mc provision is also given in Northern India Canal and
Drainage Act, 1873. .
(vii) Even the laws relating to backward cl;Js~ upliftrncnt may some times be
used b~' .he state to surress movements. In the Narmada the area was declared
as backward where the dams were proposed 10 he constructed and in the name
of development of backward class the government revived its ideas to build the
dam, despite opposions from this class.
(viii) The Land Acquisition Aet 21 is also used to suprcss activists who demand
right to live and profession for the people where dams sites are proposed to be
built. Section 4 of the Act empowers the government to take away almost any
piece of land any where in the country at any price and leaves the affected party
with no resource. The compensation given to oustccs is so meager that it can
not be in any way helpful in their resettlement. Under Land Acquisition Act
thc state misuses this power to supress the legitimate demands of oustecs of
dam sites.
Thus, we have seen, how the statutory provisions of various Acts have
rcprcssional potential and how the governments misue them for carrying out
their own policies related to water resources management.
(2) Libcrutional PUII!/Ilia/ of Low
As mentioned earlier, our legal order docs not provide only rcprcssional
potential but is also libcrational. Prof. Baxi points out:
The self same legal order whicb allows executive law lessness,
administrative deviance, and standardJess use of force by
police and para-military forces at local levels, also facilitated
the aggregation of people's power through movements like the
silent valley ....Tehri dam .... movements. The self-same ruling
elite, whose immediate and long term political interests
demanded toleration of massive and pervasive violation of
environmental legislation of all kinds, moved to create high
level bureaucratic structure,like NCEP and the Department
of Environment. All these coincided witb the rise of social
action litigation (commonly miscalled Public Interest
Litigation) testifying furtber to the Iiberational potential of the
law in the stgggle to save the environment from mindless
dcgradation.
Given below are the statutes which have liberational potential for the
movements,
(i) Coostitution
Our constitution ensures liberational potential of law for these
movements. Article 19 of the Constitution of India speaks about the right to
a profession and it is oflen quoted to defend efforlS to industrialise or
modernise. What is forgotten here is that this is frequently done at the expense
of a much more important fundamental right 'the rigbt to life', which is dealt
with in Article 21 of the CoDSlitutioo.
PopularPeople's Movements in WaterResources 255
Management & the Role ofLaw
Life means 'life styles' and to remove people from their habitat to which
they have lived for centuries requires a very strong justification. It cannot be
compensated by any amount of cash compensation, The power of the stale is
not by itself such ~ustilication, except in societies not aspiring to justice and
rule of law values. .
This interpretation of a legal sociologist seems to be more reasonab~
and just in a welfare state. The Supreme Court, in Maneka Gandhi case
transformed right to life into a positive right thereby imposing an affirmative
duty on the state. The post Maneka era has witnessed an unprecedented
judicial activism in the country by converting Article 21 into a sa~tuary of
human values. In Francis Coolie Mullien v. Delhi Administration Justice
Bhagwati observed:
The right to life enshrined in Article 21 cannot be restricted
to mere animal existence. It means something more than just
physical survival. The right to life includes right to live with
human dignity and all that goes along with it namely the basic
necessities of life such as education, nutrition, clothing and
shelter over the head.
It is not inappropriate to read the right to clean drinking water into this
right, for it will be impossible to live with human dignity without clean and
healthy water,
No doubt Article 39(b) and (c) of our Constitution directs the states to
distribute "common goods" in a manner which best subserves the community
but Article 21 guarantees life and livelihood of the people and Article 19(e)
secures the right to reside to all citizens. Whenever an irrigation work,
particularly large-scale work, is constructed all these rights are directly
infringed. Does the reutilization of water resources subserve the "common
good"? By and large the original lotal people are displaced in the name of
'common good' and the benefits of the resource are distributed to quite some
other people. Hence the first major issue which arises is one of distributive
justice. Do the people running the industries or living in urban areas have a
greater claim to benefit from new utilization of the water resources for their
life and livelihood? The constitution guarantees equality before the law and
equal protection of the laws to allthrougb Article 14. No class of citizens is to
be favoured.
The arguments for the construction of an irrigation work in terms of
"national good" broadened the refrantial scope of the meaning of the term
"common good" in Article 39(b) of the Constitution, that is, the 'common' now
includes not only the local inhabitants near the river where irrigation work is
to be constructed, but a much IlU'gcr community. This argument is tenable and
sensible. No one in his right mind will deny that a large community must have
access to the utilization of the common water resource. The local people on
river banks cannot have a privileged access. It is to be noted however, that this
argument allows only the possibility of benefit sharing from a smaller to a larger
community. It does not, in any way, allow the substitution or the elimination of
the smaller community. No principle of distributive justice can allow this.
What wad happens in the construction oflarge scale irrigation projects is that
the local inhabitants are totally displaced and dispossessed of the original
resources available to them. The benefits arising out ofthe new use ofthe water
256 WaterLaw in India

resource is either of a type to whichlhey cannot have access, because they do

not have the buyingpower, or the benefits are·distributed in a manner which
does not reach them, It would be agreed that this is nothing but gross violation
of all principles of distributivejustice laid down in the Constitution.
The construction of large reservoirs and dams poses difficult and
complex problems for oustees from reservoir area. The constructioa of large
canals like Rajaslhan Feeder also poses similar problem. It has to be
recognised that persons are displaced so that other may benefit from the
project. This problem has to be dealt wilh most humanly on a high priority
basis.
The Constitutional rights of the oustees and meaning of distributive
justice have already been examined. If we understand the principle of
distributivejustice and our Constitutionin a right manner, it will be evident that
the nature and extent of compeasation given to the oustees or those deprived
of the use of water resources is not just. It must be calculated in a different
manner than prevailingin nowadays or has been done in the past India. The
compensation which the oustees receives is calculated in terms of their loss of
land - which is meager even when calculated at market value in keeping with
the Land Acquisition Act, since all such lands are usually in forest, tribal or
rural areas where the prices are verylow,when compared to the urban areas.
As thingsstand, the record of the land distribution to the oustees even for their
land in various irrigation projects is verydismal. The record of rehabilitation
is more poor. In the colonialperiod the oustees were simplytoo weak to make
their claims.
Since Independence, however, the people have become progressively
more aware of lheir rights. Moreover, variousvoluntary agencies involved in
developmeDl workhave alsogreatlyhelped inconscientizingpeople about their
rights, as well as in helping them in political and legal struggle to realize such
rights. The cases that have been brougbl to lhe notice of the court and the
political slogans that have been raised prescDlly relate to the right to life and
livelihood, under Article 21 pf the Constitution. They have also sought
remedies andenforcemeDl of the duties of the state agencies under Article 32.
Tehri, Nanntl4, KotJJuuo, SilenlValleycases reflect such awareness which also
inspired judicial activism in this regard.
One important provision added by the 42nd Constitutional amendment
is Article 51-A. This article which finds a place in Part IVA entitled
"funrlameDlal duties" states:
It shall be the duty oi everycitizen of India - to protect and
improvethe naturalenvironmeDl includingforests, lake,rivers
and wild liCe, and to have compassionfor living creatures.
An important aoomalIy in the existingconstitutional scheme is that the
cilizeas of the country have DO constitutional remedy when the state fails to-
disdwge the constitutionallyordained injunctions and also when it wiUCuIly
damages the natural environment, which it is constitutionally obliged to
protect. When lhe interests of lhe state may come into cooJlictwith those of
citizens. as the cases of anti dam movements show, the citizens should have-
been guaranteed a constitutionally enforceable right to a decent environment.
Popular People's Movements in Wale~ Resources 257
Management & the Roleof Law
But the co~ are reluctant to do so, as is evident from a decision of Kerala
High Court. In the Silent Va/ley project case Justice Gopalan observes:
We do not think it is necessary to cover the entire gamut of the
material - whether scientific, technical, technological or
ecological placed before us in great detail. It is not for us to
evaluate these considerations again and against the elevation
already done by the Government. It is enough to state that we
are satisfied that the relevant matters have received attention
before the Govcrnemnt decided to launch the project. There
has been no non-advertence of the mind to the silent aspects
of the project. We are not to substitute our opinion and
notions on these matters for those of the Government.
(ii) Public Interest Litigation
The rise of public interest litigation also indicates liberational potential
of law relating to these movements. The predominant concern of social
activists during last years has been to seek the participation of the courts in the
movement for resources protection. In developing the law of ecology the
Supreme Court and High Courts have developed also the law of public interest
litigation and decreed far reaching remedies which touch the limits of judicial
activism. It is the concerned citizens or citizen's bodies which go to court not
the state. The courts have instituted enquiries through fact finding
committees, given detail directions and passed mandatory orders. One such
type of action was taken by activists who were opposing effluent discharge by
Polyfibre company. On 14 January, 1988 a division bench of the Karnataka
High Court, consisting of Justice M. Ramajois and Justice H.G. Balakrishnan,
appointed a five member committee of experts to study and report on alleged
r'lUution caused by the discharge of effluents into Thungabhadra river by
Harihar Polyfibres in Dharwar district. The court requested the experts to
make an on the spot inspection within six months. The pettition initiated by a
transnational centre and four other ffntending that the effluents discharged by
the company were a health hazard.
The response of the courts has largely been favourable in spreading the
message and producing educational effects for the protection of environment.
The idea of awarding compensation to the victims of environmental pollution
under Article 32 jurisdiction has also found favour with the Supreme Court.
In two major judgements of a PIL case, M.e. Mehlll v. Union ofIndia'1B
on Water Pollution, was decided by a division bench of Supreme Court,
consisting of Justice E.S. Venkataramiah and K.N. Singh JJ, gave detailed
direction in this matter. The Ganga Water Pollution case, as it is popularly
known, has become a mammoth litigation envolving more than four hundred
major and medium industries and about hundred municipalities in U.P., Bihar
and West Bengal.which have been impleaded as respondents. Here it is sought
to enforce the fundamental right to clean and hygenic environment as a part of
Article 21. The jurisdiction of the court under Article 32 has been invoked to
issue directions to aU those who are responsible for the pollution of the river
Ganga affecting the lives of large number of people. One finds in the text of
judgement long quotations from the historic stockholm declaration of 1972
emphasising the significance and need of environmental protection. One also
finds detailed reference to the laws relating to environment, namely water
258 Water Law in India

(prevention and control of pollution) ACI, 1974,and Environmental Protection

Act, 1986. The entire judgment seems to have been based on Article 51-A and
48 relating to environmental protection. The court observed that despite the
directive principles and Iurndamental duty neilher the government nor the
people have given adequate attention to stop pollution of river Ganga both a
religious symbol and life sustaincr of huge number of Indians. The court also
described the altitude of indifference of pollution control Board in
implementing environmental protection law.
The court further said that Article )2 enables the court to issues
directions 10 prevent public nuisance wherever and by whomsoever it is caused,
if the statutory authority who arc charged with t he ltflly10prevent such nuisance
arc not laking steps to rectify the gricvancc.r" Commenting upon this
significanl public interest litigation Prof. P,N, Sin~h observes:
This case may, therefore, he viewed as con-riuuing major ,I
mile stone in educating and reminding I he executive ahout thc
emergent need hI prevent environmental pollution. The value
if .mv oflhis cast: is 10 arli\';lle and injcc .in <I\\'arelll~sS III lrcc
. ,'II '
(j;lIl~a Irom pullut ion,

In Sacl./idallulld Pandrv v. Stau: 0I 11'('\1 R('II~a/, ,'lI Rcddy.T. observed

lhal under Article ~2. Supreme (\IUI'l had lhl' PIl\\l'I' Itl interfere 10 prevent a
"likelihood Ill' prejudice 10 the public" and when the problem of ecology was
brought before the court, il was hound hI bear in mind the directive principles
and Iund.uucntal duty rclating to cnvironmcur.rl proll'l'lion. To Justice Reddy,
the PC)\\l'I' under Article ;~. could he uxcd cvcu III enforce the directive
principle» ;tIl.! fundamental dutic«. The vcrv wnrd-, "I' Rcddy J, runs ihus :
When ihi-, court i-, Gdk'd upon Ill,!!i\e dln'l I" the Diucrivc
I'rill,'ipk, and rlllll!;1/l1l'nlal dUli,',.,hl' ,""11 j, 1111110 <hrung
it.- .,h"ukkrs and "ay I h;11 prill!'it il,., ;11\: a m.ut cr of policv and
"I it i, a matter lor pplil'Y-llla~int,;illl'llllril\.... The "oullmay
;dllay" uivc nl'l'l",;lry dirl',',ipll", '-
There is a directive principle "I slale pplicy II hich makc» 1he stale more
culpable than the citizen lhllll!,!h the citizen j, alxu madc culpable. It is Article
~S·A which says. 'The Sl;tll' sh,dl l'nlk;I\Pur 10 PII\II:CI and improve the
environment and 111 sakl!ua!'d the 10re"l" und wild life Ill' the countrv". It is
important III note one a.,'Kcl Ill' these principlc-, whicl: has il great bearing I1n
judicial remedies against private partie». Writ petit ion-, lie only against the stale
and 01 her ;1111 horitic« as comcmpkucd 111 Art ide ,,~ and ~~(j ofthe Constlt ution.
In BCI/IIl'Clri SI'II'I/ "'/1111'11111 v, Stat« 01 CP, ,n the Supreme Court
considered the dilillls "I' Ih,' adivusis of Dudhi and Robcrsganj rchsils of
Mirzupur over land and related righls in the fllrl'''' ,ll'l'a acquired by the state
I'm selling Up ,I thvrrual PPWl'f slalilln. A slll'i,d action group called Banwari
Scwa Ashrum which had bundled movement again"llhis suprcssion of adivasis
addressed a leiter 111 I he ("( urrt nurruting Ihe miscric« of pour trihals subjected
10 all kinds of harrussmcnt by I he hlresl oflkl'fs and 111 her government officials.
The criminal ,lctious have already been taken ,Igail"'t Ihe innocent and helpless
persons and all efforts were made 10disposes Ihem Irom thcir lands and related
righls including water rights,
Popular People's MOl't!mclIlS ill Waler Resources 259
MallagemclIl & the Role of Low
The court issued several directions 10 the state government for
adjudicating the claims ofadlv.aslsand 01 her backward people including sell ing
up of a high powered committee for deciding the claims of these people. In
regard to land notified to be acquired for locating thermal plant the court
directed the state government to givesufficient publicity 10 identify land subject
to notification. The-state was directed to appoint adequate number of record
officers and additional district judges 10 adjudicate the claims of adivasis and
other backward people in the area. Court also appointed a board of
commissioners 10 supervise the implementation of the judicial directions and
a-" for more directions if necessarv.J.I
(1"' 1') Cooperanvc
. A CIs etc:]5
Many Acts concerning people's power III munugc their resource
themselves through voluntary groups or socictic-, which can collaborate with
the slate. arc found in the statute hooks. Such laws include the Cooperative
Societies Acts and the Societies Registration A(.·1. The organisations presently
functioning in different parts of the country arc mostly registered bodies.
Registration of an organisation under the Societies Registration Act, beside s
providing social and legal stat us I() the organism inn and making it accountable
for its action, qualifies the organisation 10 receive financial assistance which arc
otherwise not available to an individual ur a groUJl and also protects the
oruani ...ation from harassment. The other Acts which determine the activities
(lfthe orl!anis:llilllh are the foreign Fund Contribution (Regulation) Act anti
Foreign Fund Contribution (Regulation) Amendment Acl.- No organisation
can receive .1I1Y foreign fund unless they arc permitted to do so undcr Ihe
Foreign Fund Conmhution (Regulation) Ad. Thc-« haw been enacted 10
regulate the llow of foreign fund and its misuse.
The table on I he fllllowi~g pages sdh:m;lt isl's I he ad ivitics of various
volunturv groups and the eon...cqucncc- (lf I heir ;Icl ions,
PopularPeople's Movements ill Water Resources
.\/u",J1;c:melll & Role ofLaw
SELF-RELIANCE MOVEMENT
SI.No. Name of Movement (jcnc~is
(I)
I. Pani Panchayat Severe Drought during I~171- 72 in
Purandhar district of
Maharashtra
2. Religan Siddhi In 1976 Relegan Siddhi village of
Maharashtra was a picture of
economic stagnation due the
spectre of drought
:l. Pain March Short sighted and unjust policy
proposal regarding water
management since last 40 ycan;
due to lack of people's participa-
tion in Thar desert of Rajasthan
~ 1l.,hraJa Dam Access towarer scarciry in the area
of some villages of Sangli District
Maharashtra
261
Goal Action Progress
(JI) (III) (IV)
To out permanent Pani Panchayat idea Brought under irrigation
measures to face recur tramlated into about 120 heetre of land about
ring droughts and to im action in Purandhar 1500 beneficeries with their
prove socio-economic Tehsilthrough 50 population coverage of 10,000
conditions of the people irrigation schemes peoples in 20 villages.
of concerned villages
To build a self-reliance, Various measures Benefits in tbe five water shed
self-sustaining village for tbe conservation areas were
community capable of of water resource impressive,
using the local resources were initiated
optimically
To draw people's anen- Pani chetna Samit Uptodate information is not
tion towards bad water formed in 1984 and available
resources management three Padyatra were
launched in the dif-
ferent parts of
Rajasthan at its in-
spiration
People's idea to build a Struggle through First Gate of tbis People's
dam by the sale of sand in meetings and Dhar- Dam was inagurated on
Yasrla rive r nas etc, March 5, 1989.
u.: Water Law in India

Problem, Future prospects Role of Law Aisessment

(V)
Lack of government's support,
much subsidy is required. many
administrative hurdles, and their
removal is beyond the
capacity of NGOs.
Many Administrarive
and technical problems
(VI)
( I) 25,000 peoples to be employed
below povenyline.
(2) rural development programme
(3) marketing of the produce on col-
lect ive basis,
(4) Co-operative Bank for
beneficeries
(1) to organise a training course of
farmers,
(2) plantation for paper plant
(3) introduction of Drip Irrigation
system
(4) Training course for social
worker
(VII)
Liberal Potential: WlS relating 10
hydle, cooperative societies,
Registration of Societies, licensing.
water rights, customery and
easement rights.etc., are covered
Liberal: cooperatives.
Panchayat. Irrigation aets.,
are related to
(VIII)
This is a philosophy lhat can bring
socio-economic ,hdnge; 20%
contribution ili beyond the capacity
of poor farmers; successful
For rural upliftment this is unique;
sua:cs&ful

Many Administralive hurdles (1) No tax campaign liberal as well as repressive; Movement is in primary stage but is
(2) to stop government activities provision of I.P .•WIIterand slK'ccssful upto this stage.
Irrigation Laws are concerned wilh

Many administl'lltiw: and
technical problems
Implementation of the equitable Repressive as well liberal Successful upto this extent
water distribution system agreed to
by all Ihe members of the local
co-operative societies; ecologically
sound cropping policy; plan to
replicate such a project In a few
other places in Maharashrra
PopularPeople's Movements ill WaterResources
Management & Role of Law
ANTI·POLLUTION MOVEMENTS
S.No. Name 01 MOYement Genesis
(I)
5. Anti-Zawari Agro Industry started operation;
Chemical due to emuent discharge
ft5h began to die and other
human and animal loss or-
cured due to pollution
6. Anti-Gwalior RIyoIlli began production in 1988
Mavoor converted chaliya river
into black cess of pool; fish
died; bathing stopped; skin
infection; crops withering
7. Anti Harillar Effluent turned the Tun-
Polyfiber Co. gabhadra river, the elcxir of
god into striking brounish
red which affected human
and animal life
8. Kanyakumari March rapidly increasing pollution
and declining position of
fishermen of East & West
C085ts
Goal
(II)
to prevent water pollution
and save human and animal
life
to prevent pollution and
save human and other
species life
-do-
widen people's awareness to
form a net work to assess the
damage sustainable water
utilization policy which
demoralize the water
management agencies;
revival of traditional water
conservation practices
263
Action Progress
(III) (IV)
Protests, Dhamas, etc., also in- Factory pdid 32,000 as
stituted litigation compensation and took other
measures in affected area
organised protest in 1965,67,68 Company's rcsl"'rI!>e is not
1973; a massive agitation in good. It denies all charges of
1979; action also taken in the losses accrued,
form of litigation: KSSP
pursuaded government to act
against Company
in the form of protest, hunger no fruitfullUult
strike, dharna, litigation and
publications
One month long contract fight is to continue
programme and finally
processed at Kanyakumari on
May I, 1989. An out right
repression by the Government
at Kanyakumari
~M Water Law in India

Problem Future prospects Role of I,'''' Assessment

(V) (VI) (VII) (VIR)

Factory started fresh intrusion and fight is continuing according to avail- liberal: pollution laws an: related to;
did not stop effluent discharge able information constitution etc.

-<10- -<10- -<10- fight is continuing

-<10- -<10- repressive as well as liberal -do-

Administrative hurdles
fighl is continuing repressive: used by Ihe
Government to suppress the March
"II is end of the beginning of
people's struggle for their
righlful demand which became
strong after brutality of police"
saysJustice lyer rightly
Popular People's Movements ill Waler Resources 265
.\/allagemenl& Role of LOI\'

ANTI-DAM MOVEMENTS
S.1'\o. Name of Movement Genesis Goal Action Progress
(I) (II) __ . (III} (IV)
Y. Anti Tehri Dam Unimaginable disaste r 10 h) save cc"l. 'C" .,1 d.!!,,,,l... opposition of Dam in the Even after attracting attennon of
lives and pmpertyin the en- .,,'n ilnd il"',d rcsull,ng fllnn"rpresscam!",;gn, people the movement is unable 10
tire gangatic plain d'SdSIc:r reports .lillg'lIion. seminars Stop dam construction
10. Anti Silent Valley The project would have -do- Campaign confined to the Project withdrawn
destroyed the tropical ever press and scientifIC
green rain forest cover commillees; Debate
alongwith its genetic received backing {rom
heritage di\'Crse quarters
II. Anti Koel Kara Submergence of over 50.000 -do- Tribal deUsted in the Conn of Court restricted disposseuionj
acres o{ land and problem or protest. They approached Blocked Project
resettlement of tribals the court 'land {orland'
arises-
12. Anti Nannada Massive disaster to be done -<So- Mobilised public opinion in Planning Commission cleared the
by constructing dams the form orprotest dhamas, project and outriJht repression is
etc. continuing 10 start the work.
13. Anti Inchampalli 75,000 tribals and 172 hec- to stop such loss or damage Jungle Bachao Manau Two dams orthe area
Bhopal Patnam tares forest wi II be Bachao andolan launched havestopped
destroyed against big dams in 1984
which got support of
political parties
14. Anli.8odhghat Sumbergance of forest by To prevent the construction Protest in the form of March, World Dank had agreed 10 stop
construction o{ Dam; o{ dam in order to avoid Dharna and lobbying against the funding till proper eompea-
Displacement o{Tribals human sufferings concerned authorities satory afforestation is done.
266 Waler Low in India

Problem Future prospects Role of Law ~nl

(V) (VI) (VII) (WI)

Government as well as opposition rdnics fight is continuing repressive as well as liberal :l.-fcJP..ements fate is hangina in
are not leaving any stone unturncd in the balance
favour of construction of dams III their
vested interest
again talk of reviving project -do- -do- Successful
-do- -do- liberal -do-
Bureaucrats and politicians strongly sup- -do- repressive; official secrets Act Again goyemment is gaingto stan
port the dams invoked and other repressive the project, tbe rale of movement is
measures adopted banging in !be balance
Again lalk of reviving the project -do- repressive as well as liberal suece$Sful
Timber lobby and Cement lobby in tbeir -do- repressive: use of botb forest laws panly succeasfuJ
vested industrial interest support the dam and land Acquisition Act
and the government WlI5 in favour of these
lobbies
Popular People's MOI'emc1Ils;1I Watcr Resources Ui7
Management & the Role of La....
IV. CONCLUSION
Nowif weanalyse the application of law bystate in particular movement
situations two important deductions maybe made:
(1) Govemmcnt has shown a tough stand towards those movements where
the share in the resource management as such was not involved but
where basically the issues of alternative land sites and compensation
ctc., were involved. These movementswere launched to protest against
the construction of large irrigation schemes involving national priorities
and development strategies.
(2) In comparison to above, government has favoured, up to some extent,
those movements which involved share of beneficiaries in managing a
particular water resource involving local people, local problem and local
priorities.
However there are some instances where people have tried to get access
to water and manage the resource by themselvesbut they have been subverted
by the state. For example some people's tank were made in Rajasthan under
the auspices of Taur~Bharat Sangh. Alwar, a movement to meet the drought
situation near a1war.
It is nowup to the citizens oC thiscountry to create people's water policy
which ensures, ecologicalsustainabilityof our fast dwindliug water resources.
The movements are putting water resources issue at the centre of politics in
India, by showing that contemporary crisis does not have its roots in nature's
inadequacies nor solution in high technologies. The cause of the crisis lies in
ecologicallyinappropriate technologies which have allowed over exploitation
of water in the powerful and economic interest and which have thus deprived
the people of their rights Cor survival. The right to clean and unpolluted water
under the existing environmental scheme is dependent upon the continued
judicial cooperation which can be invoked only by these movements.
The struggle Cor freedom will clearlybe a struggle Cor survia1 in the years
to COme, and in thisstrugg1e the right to water will be a major reason Cor political
action. In the growth of citizen's movements Cor water seems to lie the only
hope that India will not go the Ethcopia's way. These movements have a
potential to make a local issue a malter of national importance, which may be
solved under the pressure from the masses.
One thing should be noted tJiat popular movements could lose their
momentum overtime. There is need to guard against exploitation by
professional leaders, The Cocus on thC objectivesshould be sharp and steadfast.
Sporadic demonstration and festivals are not enough.
For some non-government organisations (NGOs) the people who are
fighting Cor survival also become a problem since their understanding of rural
area is limited. In India many NGOs have taken up the role of becoming
spokesman on behalf of grass roots ecological movements. Some times tlley
have hampered the growth of people's movement by tring to bring them under
their domain. Oae thing needs to be noted. The present trend of people's
movement is to press for their rilfats. Hardly any movement tries to analyse its
internal role, as to who! are itsduties. BeCore demanding rights one should be
prepared to perCorm one's duty. Increasing population and misuse or wastage
of water by the general public are also some oC the cause oC crisis in water
268 Water Law in India

resources. Therefore , the need of hour is ecological consciousness among

neople and in this respect these movements can playa very important role.
The role of the law towards these movements shows that the existing
laws do have provisions which can be invoked for quick action and the potential
of these provisions is liberal enough for these movements, but this potential has
not been fully realised. Resort should be made to these laws and the legal
profession should be made aware of such legal provisions. Environmental
litigation by these movements should be regarded as public interest litigation
and the state resources should be made available to help in fair and fast
adjudication, including legal aid.
The solution to the crisis lies in introducing democracy in water control
and justice in water use, through ecologically sound technologies as the poet
Reghubir Sahai has written:
"Fulco pani Nohi MilaHai
W7Jo Dharti Azed Nohi
Apna PaniYang Rha Hai Hindustani"
(The land in which inhabitants do not get water is not free)
(Every Indian is asking for his freedom)
Popular People's Movements in Water Resources 269
Management & the Role ofLaw
Foot-Notes
1. See Dunn Roy The AmbidextrousArtison(unpublished paper)
2. U.Baxi, "Environmental Law: Limitation and Potential for liberation",
in J. Bandyopadhya (et. al.. ed.), India's Environement: Crisis and
Responses 292 (1st ed., 1985).
3. N.D. Jayal, "Emerging Pall ern of the crisis in water resources
Conversion" in J. Bandyopadhya (et.al.cd.), supra note 2 at 78-79.
4. 1(14) Encyclopedia ofSocialScience 445 (1%8).
5. See supra note 4 at 306.
6. Blumer H. 'Collective Behaviours' in B.G. Joseph (ed.) Review of
Sociology: Analysisofa Decade 127-58 (1986).
7. Mathew Joseph, lJialo~', Protest and Social Mobility 1-3 (lst cd., 1986).
8. The Indian Official Secrets Act, 1923 (Act IX of 1923).
9. See U. Baxi, " A New Despotism", The Indian Post April ]4. 1989.
10. Ibid.
11. S. 124-A oflPC, ]S60.
12. 1970 CrU 1208.
13. Act No. 65 of 1980.
14. 1972 SCC 1794.
15. 1975 CrU 637.
](i. (1982) ! Gauhati LR 226 (209)
17. The Tcrrorust and Disruptive Acti vitics Prevention Act, 1987 (Act No.
.:..~ of 1~87): Part II Punishment and Measures for Coping with Terrorist
and Diruptivc Activities.
18. Act No. (VXI of 1954) 5s. 42 and 4.l
19. 'Hamata Paryavaran' Paryavaran Kakch, Gandhi Shanti Pratishthan,
Delhi 42 (JCISS).
20. Act (VIII of 1873) Sc. 6 and 55.
21. Act (1 of 18lJ4).
" U. Baxi,'Emerging Legal Issues in the Agro Eco Systems" in R.P. Anand
(ct. al.cd) Law, Science and Environment ] 56 (llJ87)
u. at ]67.
Mancka Gandhi v, Union oj III dia, AI R ]97S SC 5lJK
AIR 19tH SC 746.
Societyfor Protection of SiIL'lIt J 'allcv v, Union of India as referred 10 in
R.P. AnanJ, supra note 22 at IS').
n. A.G. Noorani, "Growing Ecologv Law: XXIV (1) Economic A Political
IIt'ck/)' 225·2C1 (I')S')).
AIR )lISSSC 10.\7; AIR 19:-\." SC 11 L'i.
270 WaterLaw in India

'19. Please see Permanend Singh 'Public Interest Litigation' 23 Annual

SU1Ve)', Indian Law Institute 44-45 (1987).
30. ld. at 146.
31. (1987)2 SCC '195.
12. ld at 305.
33. (1986) 4 SCC 753.
34. See P.N. Singh Public Interest Litigatioo,AnIuurl SJuvey Indian Law
Institute 498(1986)
35. See Cooperative Societies Act 1912 (2 of 19U); (The) Societies
Registration Act, 1860: (21 of 19(0), aad Foreign Contribution
(Regulation) Act, 1976 ( 49 of 1976).
36. Supra note 19.
Popular People's Movements ill Water Resources 271
Management &: the RoleofLow
ANNEXURE
DetaUs orsome Popular Water Movements

1) Pani Panchayat
It is in Taluka Purandhar district, working in the drought affected
region. Pani Panchayat however lays emphasis on valuing water as ;1
community asset, to be distributed among all families. This is new
concept, and if adopted could reduce the severity of the impact Ill"
drought especially on the weaker sections of the society.
Genesis :
V.B. Salunke, the father of the Pani Panchayat movement was an
engineer and managing director of Accurate Engineering Company. He had
an pccassion to travel to the drought prone areas in the Purandhar Taluka in
1912. The severity of drought and the plight of the people moved him. He
decided to fight famine and thought of finding out permanent measures to fan:
recurring droughts. On a deep study of the situation, he fcltthat there could be
some permanent measures to face the recurring droughts through conserving
rainfall waters. So he approached the collector of Pune in 1972-73 and helped
in preparing plan estimates for percolation tanks costing Rs. 5lakhs. One such
tank was built near Naigoan village. However, he felt that this work should not
be done on an ad "ocbasis and a crisis measure, but should be planned I,,,
conserving waters on a village basis. ~e therefore, established a charitable trust
called Gram Gaurav Pratishthan at Naigaon village in Pruandhar Taluke in
Pune district with the following aims and objectives:
1. To provide initial relief to the farmers of the Purandhar taluka
by improving their economic conditions and to remove the cause
of recurring droughts.
2. To create Iacilitics to raise their social and economic conditions
to attain welfare of the people in this taluka,
3. To conduct research studies in socio-economic conditions, so
that the urban interests will be linked with the process of creating
integrated rural development.
For five long years from 1974 onwards Salunke carried out experiments
in water and social conservation measures. The intention behind carrying our
the experiments was to find out a permanent solution to over come the recurring
drought.
Having shown that technically it is possible to make water available,
Salunke the main spirit behind GGP, turned his aucntion to the social impact
of such innovations. He was concerned witIt the 'refractory effects' of
technological innovations whereby the community resources, so developed
could be taken over, by the elite and the powerful in rural areas. This was not
an idle theoretical consideration, as the advantages of state investments in
percolation tanks usually went. to the wcll-, Iff sections of society, as was
evidenced in Naigaon village itself. The state government has built a percolation
tank of 18 me ft capacity at the one end of the village. A few well off farmers
had dug a couple of wells lower down below and used these waters to grow
sugarcane. In a sense , they were free riders and got the benefits of the
272 Water Law ill India

government almost free of cost, This gave rise to the alternative concept of
PaniPanchayat.
Goal:
Pani Panchayat aims at alternate plan of action by involving the masses
and trying to make this society free from centralised economic model. The
modalities of Pani Panchayat for effective, efficient and equitable use of water
are also socio-economically significant. The main thrust is to foster community
spirit through organizing the group in to a sort of cooperative with the main
purpose being the sharing of water equitably according to the size of the
family and not in proportion to the land holding.
Dcmocractic decentralization of socio-economic process is initiated by
the five principles of Pani Panchayat. AU group schemes are functioning
without any imposed Sanctions, merely through conventional rules set by the
cooperative society, and by maintaining higher standard spirit of cooperation.
Following are the five principles of Pani Panchayat (water council)
Five Principles oJPall; Panchayat - While initiating these group schemes
beneficiaries have been organized with following principles:
1. Sharing of water is not proportional to land holding of the
beneficiary but need based, on half acre per person of the
members of the family, Sothat a family of five people get 21 acres
share of irrigation.
2. High water consumption perennial crops, like sugarcane, arc
totally banned for cultivation.
3. Water rights are de-linked Crom the ownership oC land so that if
any person sales his land, water rights are not transferable. The
purpose oC this rule is to avoid speculation and water is made
available to the cultivator and not silent land owner. This is to
promote the cause of "water to the tiller."
4. Landless people in the village can also become members of the
group and get water rights.
5. People have to contribute 20% of the cost of the project in cash
before getting the other assistance. This is possible provided
leadership element of the group is identified properly which
assures the success of the schemes during operation.
Action:
In 1980 Salunke decided that time had come to move forward for
economic transformation of villages. He first started with Naigaon by seeking
the involvement of the poor farmers in establishing a series of community minor
lift irrigation schemes, building upon the experience he had acquired with
exprimental farm. Initiallythe farmers were required to be motivated to accept
the norms of Pani Panchayat, because of the revolutionary ideas of sharing
water on per capita basis, i.e. 1/2acre Per person with ceiling limit of 21/2 acres
and contributing of 20% of the capita}cost. These concepts were new to them.
But, after a couple of schemes for the motivated groups were completed the
 Popular People's Movements ill Water Resources 273
Management & 'lie Roleof Law
sceptical attitude of the people was soon dispelled and more and more groups
of people came forward. Today there are eight schemes operative in Naigaon.
Farmers of the surrounding villages started visiting GGP and asking
enthusiastically if such a schemes would be taken up for them also. Today there
arc 36schemes in hand for which government subsidy was received in January,
1983. Out of these twenty five were operative. Eleven schemes though almost
completed, have not been commissioned for wants of electric power
connection. Two schemes arc in various stages of completion. Twelve fresh
schemes are taken in hand for which the government subsidy is not available.
Out of these three arc operational. The remaining arc under various stages of
completions. Pani Panchayat idea has been translated into action in Purandhar
Tehsil through 50 irrigation group schemes.
An investment of Rs. 70 lakhs is involved in which people have
contributed in cash 20% of the cost of the project and the balance 80% cost
was borne by the G.G.P. as an interest free loan to the subscribers. In some of
these schemes government has contributed Rs. 151akhs as a subsidy of 50% of
the cost of the project. This subsidy was made available through one of the
government programme called as "subsidy for minor irrigation programme
upto 4 hectares of land holding" but this programme was subsequently stopped.
Progress:
1. Previously the farmers were required to depend upon the uncertain and
meagre rainfall for their agriculture. Since irrigation facility is now
available, there is some stability in the agricultural production. But due
to limited availability of water supply it is certain that the participating
families have come up above the poverty line, though prosperity is
rather for off in the present circumstances.
2. The food production of rainfed cereal crops has increased after
irrigation from 50 kg. per acre to 5 quantal per acre. Some farmers took
wheat crop which was never possible in their life under the rainfed
conditions. Pulse production bas also increased. Cash crops like onions,
vegetables, are now possible and it has become a source of food income
for some farmers.
3. Irrigation facility has minimised the migration of people from rural to
urban areas. On the other hand, those who have migrated in search of
work in distant places have now returned home and are working on their
own field. Returning to the village to take up the cultivation in ones own
land is a welcome change in the life of a poor farmer.
4. A couple of groups have solved their drinking water problems, through
the lift irrigation system. This bas saved the women-folk a lot of time
and labour, which they can now devote to work on the fields.
The beneficiaries of the schemes comprise of aU classes high and low. It
has brought in a social change. They no more think in terms of individual gains
but consider community or collective gains. There is an accommodating spirit
in them. Some anti-social activities in which some people indulged have come
to an end, as they have no idle time, because irrigation has given them full
occupation.
 274 Water Law in India

Pani Panchayat idea has brought under irrigation about twelve hundred
hectares of land of about fifteen hundred beneficiaries with their population
coverage of ten thousand peoples in twenty villages.
Problems:
Unfortunately the Pani Panchayat lacks, government backing. The
efforts of Pani Panchayat in getting the government's "community minor lift
irrigation scheme" established has been quite frustrating and enervating. Some
of the problems which the Pani Panchayat movement faces are as under:
1. The government subsidy is available to marginal farmers (less than 2
hectares) and small farmers (less than 4 hectares). A farmer in most
parts of Maharashtra is a genuine small holder, but the land records
prepared long ago do not reflect the actual present position. Many a
time the lands are in the name of the eldest member in the family,
whereas in actual practice the lands have been divided amongst sons
and grandsons. The procedure laid down for updating the revenue
records is so cumbersome and vexing that most of the poor farmers are
perplexed to treat on that path. Therefore there is need to solve a simple
and quick procedure in this rc~peet.
2. In case where digging of an open well or a bore well on government land
is involved, permission of the Revenue Department is required.
Similarly for usc of explosives to dig an open well, license of the Home
branch of the Collectors office is required, without which the explosives
cannot be procured. It is frustrating to obtain them. It take months and
months to complete these formalities and correspondingly the project
is delayed.
3. For lifting water from reservoires, the permission of the Irrigation
Department is required. Normally permission to lift water is granted
according to the total area under command of the project, such as lifting
of water 10 the extent of 1% from the reservoire, 5% between dam and
pick upweir and 5'1" from the command area. In the ease of M.I Schemes
the Irrigation Department expects that there should be no water left in
the reservoirs at the end of March. But in actual practice there is
abundance ofwater left, as possibly, it is not uscdro its limit. Under such
circumstances, there is need to relax the rule. Even when legitimate
permission is obtained inordinate delays take place.
4. It is equally difficult to get electric power connection to be completed
lift irrigation schemes. The M.S.E.B applies a yard Slick of revenue
return for each scheme. That is, it must get return of 20% on the capital
investment. Otherwise it does not sanction power connection. To
improve the plight of the marginal and small farmers this rule will abo
have to be relaxed. Even where the condition has been met, it takes
considerable time to get a power connection. There is a requirement not
only to make a special allotment of funds for the provision of powl:r
connections to the schemes of Paw Panchayat, but I also to provide the m
within three months from the date of application.
5. The new 20 point production-oriented programme giving top priority to
increase irrigation of dry land agriculture stresses that it would be
carried out on the principles of Pani Panchayat. II was also mentioned
Popultu People's Movements in WaterResources 275
Management & the Role 0/Law
that additional funds are being allotted so that the states which are
effectively implementing the schemes should not be starved of funds.
This being so, there is no reason why the beneficiaries availing lift
irrigation schemes through Pani Panchayat should not get subsidy. To
bring early relief to poor dry land farmers, the government should make
a separate allocation to the schemes undertaken on the principles of
Pani Panchayat.
Presently, the GGP's stand is that they have shown a way for
rehabilitating the village life in drought prone areas, however resources
required for the task are beyond the means of any voluntary organisation. The
work has to be done at the government level. Besides, there are lot of
administrative hurdles as discussed above and the removal of them is beyond
the capacity of NGD's like GGP.
Future Prospects:
1. Pani panchayat aims at employment of 25,000 peoples in Purandhar
taluka who are struggling below the poverty line, within a period of tcn
years. It has a proposal to cover all hundred villages of the taluka by
undertaking 600 community minor lift irrigation schemes, which will
bring under protective irrigation a land mass of 25000 acres at an
outlay ofRs. 10 crores. This target has been set on the basis of the results
of the study of the ongoing schemes of Pani Panchayat. It is therefore,
not an unrealistic proposal.
2. After solving the problem of the basic ingredient, i.e., water and
increasing the agricultural production of the beneficiaries, other
ancillary projects of rural development would be undertaken e.g., dairy,
social forestry, horticulture, animal husbandry; health, adult education,
marketing etc.
3. When all the projects taken in hand becomes productive, marketing of
the produce on collective basis would be undertaken. It is proposed to
seD the agJicultural produce directly to large consumers such as
canteens of industries in Pune.
4. It is also proposed to open a cooperative bank for the beneficiaries so
that all the extension services would cater only for seeds, fertilizers and
insecticides. Later, when the extension services provision become
self-sufficient its scope will be enlarged into departmental stores which
will cater for all the needs of the farmers.
Role of Law:
As far as the socio-economic welfare of the people is concerned there
arc so many laws which are related to this movement. Laws relating to
irrigation, cooperative societies, registration and licensing, etc., all are in one
way or other, coaaected with these schemes. Water rights, customary or
easement rights are aU involved in this movement. Overall, the law has so far
been liberal towards this movemenl 'but at some time it does create some
hurdles asdiscussed earlier.
276 Water Law in India

Assessment:
Even though the Pani Panchayat Movement is now established, it would
be instructive to undertake brief review of the formation ofthe operation of the
existing Pani Panchayat groups.
GGP does not, on its own, form the groups. his for the would be
beneficiaries to come together and. request for help of GGP. When such a
request comes, GGP insists on 20% contribution of tire total cost from the
farmers. Some poor famiJiesare not in a position to pay their contribution but
nobody is exempted. The farmers have paid their contribution by selling their
assets like sheep, goats and utensils. No relaxation on this contribution is
allowed; it is felt, that every participants feels an affmity to the scheme as he
has sacrificed for the implcmentation of scheme. Some take part actively in the
construction of a scheme and latter on, in the other distribution works also.
In conclusion it may be said that the distinct contribution of GGP is more
in terms of social equity and less on technological innovations. Obviously, such
a shift was bound to have political repercussions. The movement was not
politically strong enough to get its demands accepted by the Government and
those segments of population who are in power today.
GGP has, at some stage, realised the need for training the farmers and
also for creating a cadre of workers. An ambitious plan was drawn for
establishing such a centre at Shetkari Nagar, about 5 km. from Sadwad.
However, the scheme is still on the drawing board. So also a proposal for
establishing a bank to finance lifting schemes was prepared, it has also met the
same fate. Overall, Pani Panchayat is not just for irrigation and equitable
distribution of water. It is philosophy that can bring about a complete
socio-economic change among the poor farmers. II has a tremendous potential
for rural construction and can prevent the migration of young men and women
from rural areas to urban centres, Pani Panchayat demonstrates an alternative
model for water resources planning with emphasis on equity in distribution of
water. (Sources: Pani Panchayat, CASAD Report of Gram Gaurav
Pratishthan, 1983)
(:!) Bali RajaDam Movement:
Although we put this movement under the heading of aceess to water
but this is also related to produce of water in order to meet out drought
situation of the concerned villages.
Residents in some villages of Sangli district in Maharashtra have won
I Ill'lirsl round to build a people's dam. The 'dam is to be built without
~IIH"rnml'nl aid or help of any other agency and only by 'Shramdan' (labour
l'IlIIlrihulion) of villagers and NCC cadets of neighbouring colleges affiliated
[IIShiv;lji University, The name of the dam is "Baliraja Smriti Dharan" (Baliraja
~kllhlri;11 dam) and il is being set up on Yarla river by the villagers of Balawadi
;1110 Tanduwadi in Khanpur Tchsil of Sangli district. It is, perhaps, the first of
its kino 11111 only in Muharashtra but in the country. It is on a modest scale, of
length 1211111clers and heights 5 meters. Its catchment area is 625 sq. miles that
would impound 25 MCfT of water. The dam was designed by Baliraja
Bhandarc, an engineer from Bombay.
 Popultu People's Movements in Water Resources 277
Management & the Roleof Low
Genesis:
The history behind the dam is the story of people questioning the
unwritten law that development activity is the prerogative of the government,
and consequently of takipg into their OWD hands anti-drought measures while
the officials floundered . Belawadi and Tanduwadi villages fall in the
drought-affectedtalnka of Khanapur on the Yarla river. The river, which joins
Krishna, dried up above five years ago and remains without water for most of
the year. Though a gradual desertification process was observed over the
decades, it was spurred on towards the end of 1960'swhen sugar-cane appeared
on the scene as a prime cash crop. Consuming ten times as much water as
ordinary crops, sugar-cane proved disastrous to the drought prone area. The
crises deepened about six years ago when suddenly private contractors began
flocking to these villages armed with licences from the government to extract
sand from the river bed. It was the Mukti Sangharsh Chalwal which first alerted
the villagers to chain of ecological disasters set in motion with the lifting of the
sand.
The villagers who had initially mobilised themselves under the Mukti
Saogharsh Chalwal to fight for better wages under the Employment Guarantee
Scheme, soon realised that any concrete effort to fight the drought would have
to be worked out on their OWD. The concept of protective irrigation of providing
minimum water to the crops at the crucial period took root and from that the
decision to build a small dam.
Instead of allowing private contractors to ruin the river bed by the
unscrupulous extraction of sand, it decided to sell the sand themselves and
raise funds for a dam. An activist said "this way,we ensured that only the legally
allowed quantity was taken out and we got enough money as well."
Goal:
The object to build such a dam was that it would serve threefold purpose
of generating productive employment through the use of local resources;
would conserve local ecological balance and would make a break through in
the fatalistic outlook and dependent attitude of the poor people in
drought-prone area. The activists of Mukti Sangharsh argued that their
perspective is not that people should take up the task of building all such dams;
but unless some sort of alternative model based on the peoples struggles is
actually developed, the left movement would not obtain persuasive aspirations.
If a few Baliraja type of projects are successfully run in different parts of the
country, the left movements can then concretely demand that similar
economically and ecologically sound anti-drought development projects be
taken up in other states.
Action:
It was not, of course, an easy task for the people to execute it. The people
launched agitations in the form of meetings, morchas, dharnas and bandhs
seeking a dam. But it was all in vain. So they decided to go alone. They came
together, made a survey of surrounding area and formed an action committee
called the 'Mukti Sangharsh Vahini' and prepared a plan with an estimated cost
of Rs, 4.11akhs for the purpose ofthe dam project. The foundation of this dam
was laid in November 1986. The villagers enthusiasm was boundless but the
vexing problem was finance. The Committee approached the government and
278 Water Low in lndia

obtained a permit for lifting9,000 bags of sands which would have fetched them
Rs.65000/- after paying royalty.ofRs. 20,0000to the gOvernment. But suddenly
to the misfortune of the Committee the government changed its policy and
decided to auction the lifting of the sand. Notwithstanding all these
impediment the Mukti Sangharsh Vahini continued its work but government
official created various obstacles. What upset the authorities was that they
found themselvessuperfluous to the entire process. A series of objections were
raised on technical, legal and economic grounds. But the primary concern was
that the precedent was being set. The members of the Committee however were
not convinced by the governments arguments and they continued to press their
demand and fmally obtained approval from the government. But even then a
14 member committee was appointed by the government in May, 1987 to study
the effect of lifting sand from the river bed and the surrounding environment.
The Sangharsh Vahini then began exploring the means to finance the project.
Meetings were held at Pune and Bombay and it was decided to raise the
reasonable loan from sympathlsers without interest. Thus there followed a
prolonged two pronged struggle to start the uncontrolled excavation of the sand
from the banks of Yarla by project contractors on the one hand, and on the
other, to secure permit for the local committee to escavate limited amount of
sand for the purpose of building a small dam.
Progress:
Upto March, 1988 people's spirits were rather low even after passifying
the doubts raised by the government on technical, economic and legal aspects
of dam and inspite of continuous pressure through different forms of peoples
struggles. The government was still not willing to take a policy decision allowing
the local committies to sell sands on a permit-basis without entering into an
auction in competition with private contractors. But march 1989 was however
very different for all those who were concerned with this movement.
Sympatbisers of the movement from different parts of Maharashtra responded
very positively to the call of Multti Sangharsh Vahini by helping out with
temporary interest free loans amountingRs. 70,000/- . In the meanwhile the
government conceded to the demands of the movement and the local
committee has, up to now, sold sand worth around rupees four lakh and
completed most of the stone-work of this tiny dam. The local committee
proudly returned the major part of the loan to its sympatbisers at the inaugural
ceremony of the rust gate of this 'People's Dam' on March S, 1989.
Future Prospects:
The next great challenge in the near future before the Ba1iraja Dam
movement is implementation of the equitable water distribution system agreed
to by all the members of the local cooperative society and to practise the
mutually agreed scientific ecologically sound cropping policy. It has been
agreed upon that no sugarcane would be cultivated. The aim is to couple
multi-cultural pre-plantation in 30% of the area under cultivation with
protective irrigation for staple grain in order to develop an economically and
ecologically sound alternative to the current myopic strategy of banking upon
sugar cane. Since water from the Ba1iraja dam would be used primarily for
protective irrigation, (only 155mm ofassured water supply) even with the small
reservoir of 20 MCfT, 380 hectares of land would be under protective
irrigation. All families, including the land less ones would have an equal right
Popular People's Movemellts in Waler Resources 279
MilIUlgenrent &:1M Role of Law
to the water. The·landless can sell their quota of water. Since water is already
a commodity and there is no better way available today to insure the right of
the land less labourers. There are plans to replicate such a project at a few
places in Mabarashtra with the help of broad based body comprising of
different left aDd dcmocractic Ul4ividualsand organisations:
Role of Law:
This movement encompasses Irrigation Acts, laws concerning land and
water rights, laws relating to licensing, cooperative Societies Act etc. The law
has been used as repressive as well as liberational measure by the state. The
details of these potentials of law have been dealt with in the main paper.
Assessment:
As compared to other big dams in the district this will be a small dam
but its unique feature is that the villagers themselves have constructed it. It is
surprising that the chief guest for the inaugural ceremony of the dam was the
collector of Sangli district who lavished praise on the villagers for having seen
the project through. Insisting that the government aimed to foster and promote
such people's movement, the coUeetor averred: "The government never
reversed its stance. It was slow to respond initially and without pressure from
the villagers, it may never have moved on its own. But there was no opposition
to the dam itself."
The dam is to be seen in the context of the drought situation in
Mabarashtra and not as an alternative in itself. A small dam can cause damage
as well if its water is used in a wrong kind of irrigation system. What has to be
appreciated here is not just the concepts evolved by the people but the
awareness against communalism and caste system. Which is why dalits have
been in the forefront of this movement. There has also been active
participation by women which has helped to mobilise them and allow them to
get their rightful share of water that would traditionally be opposed by men.
Only time will tell whether the kind of impact thal the Bali Raja movement
wants to make will actually materialise. It is too early to say as to what extent
the message of Baliraja would be taken up by other people's movements. Anant
R.S. Phadke states:" Government employees unofficially admitted that the
cost of building Baliraja is about halfthe cost at which government dams of the
same capacity have been built. Popular participation has excluded
corruption, wastage and delays."
The real significance of this tiny dam is the policy decision that the
government had to take regarding the sale of sand, on assurance of the people's
movement supported by democratic forces. (Sources: Anant R.S. Phadke, 'A
People's Dam', XXIV (16) Economicand Political weekly (1989)~ The Times
ofIndia, New Delhi, March 29, 89.)
(3) KDnytlkumari Marcl.
It is a unique movement of fIShermen Crom east and west coasts of India
who marched for nearly a month to meet at the tip ofthe land at Kanyakumari
to highlight the pollution and other danger on our shore lines.
The month long Kanyakumari March alongboth the east and west coasts
ofIndia, initiated bythe National FIShermen's Forum, with the solidarity of like
minded organisations, culminated in Kanyakumari on May 1st, 1989,
280 Water Law ill India

International Worker's Day. The March had began simultaneously in West

Bengal and Maharashtra on April Znd, and I ravelled along the entire length Ill'
the coastal states, highlighting issues related 10 the theme: "Protect Wau-rs-
Protect Life"
Genesis:
The traditional fishermen have been severely affected by the USl: of
inappropriate technologies which damage the delicate ceo-system. Not only arc
the coastal fishermen affected, but ih.: inland fishermen also. For example, the
pollution ofthe Tungabadra River by industrial effluents have caused lish kills,
affected agriculture and caused health hazards. The pollution of Ashiamudi
lake in Kerala by effluent from 5 Iactorics located on the shore and the pollution
caused by the Travancorc Titanium productsfactory should be given special
mention.
At the East Coast there arc not only problems of the fishing community,
but tbe alarming degree of water pollution is also noticed. The problem is not
only a loss to those who were earning their livelihood from these rivers and
lakes, but an acute shortage of drinking water for the entire population.
The people have come to realise that now it is a question of their very
survival. Water resources that have been used for centuries have been
commandeered by industries and polluted to a degree that makes them unlit
for human beings.
Goal:
The Kanyakumari March movement has to a great extent linked the
isolated struggle of various groups and regions, and turned it into a national
struggle for the right to survive. The major objectives of this movement arc to:
(1) Widen people's awareness of the vital link between water and life and
provide encourugcrncnt to the people initiatives and struggles to protect
waters.
(2) Form a net work of all those who arc concerned about the issue.
(3) Pressurise the government to evolve a sustainable water utilization
policy, democratise and strengthen the water management agencies.
(4) Assess the damage already done and identify problem areas which need
to be studied in detail and evolve practices for rejuvenating water
resources.
(5) Revival and propagation of t,raditional water conservation practices,
and regenerative lishing technologies.
Action:
A well planned and executed day of programmes to mark International
Workers Day and the culmination of the month-long Kanyakumari March
emerged. It had already marched through K.K. District on the 29th and 30th
of April, and on 30th at least 5,000 people joined at various points along the 25
km.longroute from Kurumbani to Pullaithop and attended the evening's public
meeting at Rajakamangalathurai, a small'fishing village.
Popular People's MOI'{!tIICIIIS ill Water Resources 281
Management & the Role of Law
The May 1st programme was planned as follows:
a. Exhibition on various aspects of water and life.
h. On-going cultural programme depicting various issues concerning
fishworkcrs.
c. Film festival.
d. A Rally.
c. A Public meeting.
As the day began it was a real celebration of solidarity. Hundreds of
people moved around taking .look at the exhibition and enjoying cultural
programmes and films. The line up for the rally began around 3 p.m. and it
started to move around 3.30 p.m. The total route of the raDy was 3.2 km. It
started from ST. Anthony's school ground. There were more than 16,OOOpeople
participating in calling out powerful slogans to protect water and life. The Rally
walked to the sea shore and were greeted by the Fishermen's blue nags
fluttering in their boats in the sea. In a beautiful ceremony at the confluences
of the seas, they took an oath to conserve the environment, to protect waters
from excessive exploitation and pollution and to help sustain life. They
expressed solidarity with all the suffering workers struggling for survival.
The Rally then returned to the school ground where the public meeting
was to take place. Most of it had reached the meeting grounds. It was on the
way back, when only a few hundred remained, that the trouble arose. A state
bus attempted to make use of the gaps in the rally to cut across it. The police
made no attempt to stop it instead wanted the rally to give way to the bus. Some
marchers objected and began hanging on the bus to stop it. Others attempted
to prevent them from doing so. This created tension which escalated when the
police swooped upon one man and took him away.The people began to protest.
A few stone came from the police station compound, to which the people
retaliated by throwing stones. The police responded by opening fire. Many
observers also saw police men in mulfi breaking the glasses of buses with their
lathis. Many of those who attempted to bring about order were beaten up. Fr.
Servatius. the district convener, and leader like Sr. Philomena Marry and Jose
Vattamauam, La! Kollparaimpli and Ms. Seeta Dasan were beaten up when
they went to the forefront to talk to the police. Journalists like Vishwapriya L.
Iyengar, Arul Chezhiyan (Junior Vikatan) and Roy Mathew (The Hindu) were
also beaten up and their cameras snatched. Six people were admitted into
hospital by the police with bullet injuries. Sahaya Raj and Rex from
Idinthakarai village. Yesu Ratna, from Iovalam, Thomas from Arokia puram,
Stainslaus from K.K., Ignatius from Trivandrum and Philip from Maharashtra.
There were others wounded and hurt who got themselves admitted into
private hospitals. They were Alphonse from K.K., Ignatius Loyola from Kcela
Muttam, Fr. Servatius from Thengapattnama and Jose VaUamattam from
Kerala,
Thus, instead of collaborating with movements leaders and volunteers
to restore order, the police aggravated the situation. Now they are propagating
a story about a long standing enmity between Idinthakarai and Kanayakumari
which sparked off the clash. This is entirely untrue - the two groups were
together in facing the problems affecting waters and are even now working
together to get their people released.
282 Water lAw In India

After the event the leaders were struggling to sesd the delegates back
home,it wasthen that the policestarted arrestingpeople, at points quit distant
from the scene of the incidents, such"as in front of Vivekanandapuram and
from the various fishing villages. Four people from Mabarashtra, who went
to report that their bus had been smashed were arrested and locked up for
sixteen hours. Similarly, Mr. Jose Vattamattam was kept in the lock up for
sixteen hours in a severly bruised conditon before he was released, A person
who carne to buy medicine in the hospital was beaten up and put in the lock
up. Three persons from KovaJam fIShing village were arrested. They had not
even participated in the Rally.
On the government side it is stated that at least twentygow:roment
buseswere dagamgedina clashbetweenmembersof the National rlShermen's
forumand fishermen of Kanyakwnari on Monday, lst May 1989during which
police fired back shorts to disperse the 1ioting groups. Tamil Nadu Chief
Ministertold that the clashwasnot plannedbut wassparked off.Sincethe clash
took place in the front of police station some of marchers attack the police
station. The police fired in order to disperse the crowd. However it seems to
be a fabricated story.
The district covenor, Pt. ServitUl, other activists and Tbemas Kochery
went to see the collectorand S.P., more than a month in advanceand informed
them inwritingabout theeventsscheduledfor May1stand about the exptected
gatheringof 10-20, 000people.The programmeand all the arrangements were
well publicised through press coverage, posters and leaflets. All the police
permission for the rally, public meeting. mike announcements, and so 00,
were obtained wellin advance. Fivehundred volunteerswere trained to bring
about an orderly rallyand publicmeeting. Nesamony Transport Corporation
was asked to run special busesfor the day and some estimate of the numbers
to be expected from each village was given to them. The collector was also
informed of this request. AU this wouldgo to show that organisers wishedto
conduct their programmein an orderly manner and were anxiousto have the
support and collaborationof the police and administration.
Role of Law:
The Tamil Nadu government did an outright repression of the activists
of the movement. Some provisions of I.P.C. have been wrongfully taken as a
defence in police actions. The role of law towards this movement has been
repressive till now.
Assesment:
Despite all, this Kanyakumari March was the greatest and biggest
expressionof fish workers unity in india.AU the delegates left Kanya Kumari
with a determination to fIght and race evil machanism of the police and the
powersthat be. The fishworkersinKanya Kumari and ldinthebarai are united
and they too are determined to face up to all chaJlanges. They arc very
generous and sacrificing and their morale is very high. They know that the
strugglemust continue . Nowk is DOlongeran isolated struggle but a national
struggleto take control of our watersand to protect them.Justice Krishna Iyer
assessed the movement in the following words:
PopularPeople's Movemellts in Water Resources 283
Management & theRoleof Law
This isnot the end, nor eventhe beginningof theend. It isthe
end of the beginning of a people's struggle for their right to a
healthyecologyand environment.
(Sources: XXIV (21) Econcmic and Political Week{y 15S
(1989); National Heand May,9, 1989; Indian Post (Bombay)
May3, 1989)
(4) Nannada Movement (Narmada Bachao Andolan)
Genesis:
At last let me describe in brief a somewhattired and wearystrugglepver
the dams on the Narmada. The Narmada river is 312 kID. long and the
governmentisplanningsome 30 big300medium and 3,000 smaU dams on it. It
is known as the countries largest river valley project. The area going to be
affected by the Narmada Dams are in Madhya Pradesh, Maharashtra and
Gujarat. This was nota backward region in any way which was in desperate
need of these dams and their progress. History records atleast twelvedifferent
empires and various civilisations which flourished here over the last 7,fX1J to
8,000years. In its ownway it has been a verydeveloped region and each ruler
has said that it was only by the grace of the goddess Narmada that they had
achievedfulfilment. But the newsurgeof the development on the western lines
began to see that Narmada as a huge river that was letting its waters go waste
into the sea.Somepoliticansand technicians did some calculationsand figured
out how many million liters of water was going and they said that until the
water wasproductivily used, Madhya Pradesh wouldnot be able to progress.
So they designated this region a backward region and the remedy for this
backwardness was to build dams on the river. The Sardar Sarover project in
Gujarat and Narmada Sagar project which have been hanging fife for many
years for want of environmental clearance, have recently been given the
go-ahead signal by the central government despite its' own Department of
Environmentand Forest raisingobjections against the viability of the porjects.
The environmental cost is more than Rs. 14,fX1J crores in excess of the
construction cost of the entire Narmada valley project. The land being
submerged for the Narmada Sagar project cover 9,10,348 hectres and for the
Sardar Sarovar Project 39, 134 hecters affecting 2S4 and 234 villages
respectively. .It is ironical that Narmada Sagar Project which will submerge
20,348 hectares of land including 40,332 hectares of irreplaceable forest will
irrigate only1,23,000 hectares little more than the area submerged.
Hundred of thousand of people will be displaced bySardar Sarovar and
their lives will be ruined.The Gujarat Government lacksthe capacityto resettle
the thousands whowill bedisplaced bythe Narmada Projects.The reports says
that flfty families in Maniveli village ia Maharashtra have been settled on rocky
land. The fate of the people of 245 villages to be submerged hangs in the
balance.The land which will be acquired for the construction of the largest ever
net work of irrigation lands,rUDS into a length oC 750km. 26,000 hectres of land
will be taken over for afforestation. What will become of the people whose
livelihood depends on this land.
284 Water Law ill India

Goal:
Keeping in view the above mentioned disaster a movement is being
launched by Narmada Dam Affected people's Committee in order to stop this
project. The project has already been cleared by the Planning Commission.
Action:
Conceived in 1947, the foundation stone ofSardar Sarvoar project was
laid by Jawaharlal Nehru on AprilS, 1961.Since the plan of Narmada Valley
Project was being prepared its opposition had been started and after
sometime prople began to move against these pojects in an organised way.
The people'S agitation against the Narmada Valley projects is rapidly gathering
momentum. The people of many villages have formed committees to oppose
its construction and massive demonstration arc being frequently held at the
dams construction sites. On Feb. 22, 1989,6,000 people, mainly farmers, were
prevented by the authorities from reaching Sardar lake in Gujarat. There has
been stiff opposition to the project from various quarters. Many grassroots
organisations, civil liberties groups, social activists, environmentalist, lawyers
and jouranlists are mobilizing public opinion against the sharing diffciencics
and collossal cost of this grandure river-valley project. During 6-7 May, 1989
the organisers held a conference on the Narmada Project in Bombay.
Environmentalist, Journalists and Human right Activists from different parts
of the country took part in this conference. The detailed action plan was also
formulated in the conference. Lokayun, Gandhi Peace-Foundation,
Kalpvriksha and some other social organisation groups are taking active part
on this account. The movement is in progress and Baba Amte made an urgent
plea for a complete reconsideration of Narmada projects because its cost in
terms of human suffering, ecological damages and financial burdens is just too
high. The Narmada Bachao Andolan is now at its apex and activists of Lokayan,
Gandhi Peace Foundation and Kalpvriksha arc working for this movement.
These activists arc dissatisfied with the rehabilitation programmes for over
80,000 outstccs and its implication. Even the World Bank officials have been
reluctant to release further aid to the project. A meeting was held by Narmada
Bachao Andolan Committee on 2nd September, 1989 to decide further
actions. In September }t)l)8 over 300, citizens comprising many of the most
distinguished indians of this area had already submitted to the Prime Minister
a memorandum on the Narmada Valley Project. Immediatedly after the
memorandum submitted a virtual tirade was launched against signatories. They
were dubbed anti development and anti-Gujarat. A Bandh had also been
organised by the activists in this regard. The light is continuing.
Role of Law:
The Official Secrets Act of 1923was clamped uI?on the Sardar Sarovar
Project on October 18, 1988and twelvevillages in the vicinityof dam sites which
were to be submerged by it were declared "prohibited places" under the Act.
As wave upon wave of popular protest followed at the dam site, the official
secrets Act was envokcd to arrest, harass and abuse the activists. The workers
of the darns site who went on strike to protest against their worse conditon and
in favour of basic demands such, as implementation of Minimum Wages Acts
became victims of police brutality. Finally the Official Secrets Act was used to
make even more restrictive, the already stringent control of government over
the official documents. As if the provision of the Official Secrets Acts were
Popular People's Movements in Water Resources 285
Management & the Roleof Law
not enough, the Government also envoked its sweeping power under the
Customs Act to seize copies of a critical stud)! on the Narmada valley proejct.
It is also important to note that this measure was not used for the first time. It
bas been used earlier at the very site by the Gujarat Government. Section 144
of Cr. P.C. and Section 135 of the Bombay Police Act had also be imposed in
the whole of Narmada TaIuka of Sardar Sarovar Project site to prevent the
protest meeting which was to be held on Jan. 30, 89 on the call of 25
organisations. Thus, we may say, that the law has clearly played a repressive
role towards this movement.
Assessment:
The movement is in progress and nothing can besaid about the success
or failure of this movement at this stage. The dams lobby is powerful and trying
their best to carry out the so called development programmes being launched
at the cost of poor tribaIs. Over all the Narmada Bachao Andolan has played
a great role in mobilising people's awareness towards the disasters caused by
these projects. In October, 1988 the Planning Commission cleared the Sardar
Sarovar Project without saying a ward in response to the memorandum
submitted to the Prime Minister three weeks earlier. Baba Amte immediately
wrote to the Prime Minister reiterating the fresh circumstances that had arisen
in the decade, since the award of Narmada Water Disputes Tribunal marked
a review of the Narmada valley project difficult. Till today the Planning
Commission report has not been made public.
The newly present government's stand is not much different. The
Minister of State for Water Resources announced in the Lok Sabba on
December 27, 1989 that the Government was not proposing any changes in
Narmada Project and the proposed project would be completed on schedule
time.
The movement's fate and its sucess is somehow dependent upon the
present government future policy towards big dams. This is not a matter of
public relations but hard economics. If the Planning Commission begins with
the four out of ten citizens who live below the poverty line (official1y), it is
obvious that they do not need big dams on their most urgent priority. Indeed if
they happen to be tribals and small farmers in the catchment area of the
Narmada dams they are the victims of these schemes instead of the
beneficiaries.
(Sources: Ani! Agarwal (et. al-ed.) 77,e Fight for Survival: People's
Action for Environment 17-22 (1987); Gteen Files centre for science and
Environment, N. Delhi Economic & Political Weekly. (Bombay)
(5) MalwdMovement
This movement was based on access to water on the basis of caste
disabilities. The details of this movement can be gathered from Naharai
Damodarv. Bhim Rao Ambedkar case (AIR 1938 Bom. 646). A brief account
of the Mahad Movement is given below: '
This movement was named as 'Mahad Movement' (Maharasbtra) and
it pertains to access to water. The untouchables were prevented from taking
water from the Chaudhary tank, belong to the higher caste of Hindus. Dr
Ambedkar has launched a movement against this practice and during the
thirties be had mobilised publicopinion agaiast this atrocity. He organised a
286

demonstration and asked his fellowmen to take water from the tank which
ultimatelyled to a fight between untouchablesand caste Hindus and fmally the
case was brought to the court against the activists of the movement. The
appellant 'Caste Hindus of the town Mahad sued the respondents for
injunctions,whorepresented 'untouchables' allegingthat theyalone had a right
to use the tank and for declaration that Chaudhari tank near the townbelonged
to them.
It was held that the appellants have not established the immemoreable
custom which they alleged. Had they succeeded on this point it might have
been necessaryto coesider whether the custom was reasonable or contrary to
public policy. As these pointswere npt raised •the court expressed no opinion
qn these points. The appeal was therefore dismissed with costs.
(Source: o.s. Sharma, Legislation IIIld casu on untouchability and
schedule caste in India 149-50 (J975)
Sanglidam movement discussed ~lier has also reflected some lighton
the movement against communalattitude towards acees to water.