Today’s post is going to be just few good photos …
Here is a wonderful banyan tree with a massive canopy. This is found at a place called Shukrataal in Uttar Pradesh.
So after Shukrataal, I go straight to Ratnagiri in Maharashtra. Such a cute yawn, I just could not resist capturing it.
Again I go north, to be precise, to the north-east. This is a beautiful scene from the banks of Noahdihing river in Lohit district of Arunachal Pradesh.
That brings me to central India. This is a wonderful place, Narmada river cutting across mighty volcanic rock formations to showcase a veritable design, an absolute delight to our eyes. Unfortunately this place is submerged under waters of the Omkareshar dam downstream.
And the last one for today. A gem from the hypnotic Himalayas – the Bhagirathi I II & III peaks, who form the headwaters for the Gomukh glacier and then the holy Ganges.
If rivers are considered as living beings, we must recognise that in India today, they are an endangered species.
In his book, Animal Revolution (1975), Peter Singer popularised a term called ‘speciesists.’ According to him, “Racists violate the principle of equality by giving greater weight to the interests of members of their own race when there is a clash between their interests and the interests of those of another race. Sexists violate the principle of equality by favouring the interests of their own sex. Similarly, speciesists allow the interests of their own species to override the greater interests of members of other species. The pattern is identical in each case.”
The recent decision of the Uttarakhand High Court (Mohd Salim vs State of Uttarakhand) in declaring the river Ganga and Yamuna as living entity/legal person/juristic person, raises important questions similar to speciesists. It is important to point out that the HC has not recognised ‘rivers’ per se as living being/legal person. It has recognised only rivers Ganga and Yamuna and its tributaries as living entity/legal person.
This recognition is largely in view of the fact Ganga and Yamuna are regarded as sacred by Hindus and have a special place in the cultural ethos of the country. Though the HC has recognised that the two rivers provide sustenance to communities from the mountain to the sea, the main reason for conferring special status is the sacredness attached to the rivers.
Even at the national level, the Ministry of Water Resources has been renamed as the Ministry of Water Resources, Ganga Rejuvenation and River Development. The priority of the Central government is clear: water is a resource to be utilised, rivers have to be ‘developed’ (that is tapped and harnessed), while the river Ganga is the only river that needs to be rejuvenated. The Ganga has clearly been conferred a special status both by the courts and the government.
Notwithstanding the fact that the decision places Ganga and Yamuna on a higher legal pedestal than other rivers, the most significant aspect of the HC decision is that it does provide for a new perspective from which way decision/policy/law-makers should view rivers. It has held that Ganga and Yamuna are “breathing, living and sustaining the communities from mountains to sea.”
However simplistic this statement may seem, the fact is that the present legal and policy framework does not consider the river as either a ‘breathing’ or ‘living entity.’ On the contrary, it is viewed as ‘natural resource’ whose ‘potential’ has to be realised. It requires to be ‘tapped,’ ‘tamed,’ ‘harnessed,’ ‘dammed,’ ‘dredged’ or ‘linked’ in order to realise its full ‘potential.’
A river which is not subjected to any of the above processes and allowed to flow into the sea/ocean is viewed as a national waste. The Supreme Court’s controversial decision in the Narmada Bachao Andolan, Tehri and the River Linking cases is a reflection of the mindset which emphasises on the need to tap this potential of rivers to attain sustainable development. In a way, the HC decision marks a fundamental departure from the ecologically myopic views held by the courts till date.
Having said that, the court decision does have its shortcomings. Having conferred the unique status, it has invoked the principle of persons in loco parentis (that is, in place of parents) and has appointed the chief secretary and advocate general of the state and director, Namami Gange as the ‘human face to protect, conserve and preserve Rivers Ganga and Yamuna and their tributaries.’ According to the court, “These officers are bound to uphold the status of Rivers Ganges and Yamuna and also to promote the health and well being of these rivers.”
Conflict of interest
The problem is that, this is bound to lead to conflict of interest. The chief secretary is the secretary to the Cabinet whereas the AG is the highest law officer of the state government. Though Article 165 of the Constitution may give an impression that the AG is answerable only to the governor, in reality, he/she is a political appointee and defends the action of the state government before the courts.
Neither of them is an independent authority like the Comptroller and Auditor General of India or the Chief Election Commissioner. In such a situation, it is difficult to assume that either of them will be able to discharge their role as independent officers or representatives of rivers.
No judgement is perfect. A judgement is not a legislation and every word in a judgement need not be interpreted like letters of law. However, what is significant is that the HC judgement can be an important starting point for those fighting for the right of the rivers to flow uninterrupted.
If rivers are considered as living beings, we must recognise that in India today, rivers that are living and breathing, are an endangered species. They require special status and proactive conservation efforts. A ‘speciesist approach,’ however discriminatory, for all of the last free flowing rivers, and not just the Ganga and Yamuna, may be the last hope to save our rivers.
(The writer is an environmental lawyer and Managing Trustee of International Rivers, South Asia)
The above write up was first published in Deccan Herald on April 4, 2017 and can be read here
Allowing the river to be a legal entity means according it the right to live
“While exercising the parens patrie jurisdiction, the Rivers Ganga and Yamuna, all their tributaries, streams, every natural water flowing with flow continuously or intermittently of these rivers, are declared as juristic/ legal persons/ living entities having the status of a legal person with all corresponding rights, duties and liabilities of a living person in order to preserve and conserve river Ganga and Yamuna.”
These were the words used by justices Aloke Singh and Rajiv Sharma of the Uttarakhand High Court on March 20, 2017 while declaring Ganga and Yamuna, two of the most sacred rivers in India, living entities.
On expected lines, the news break brought loud cheer from environmentalists and conservationists, not to mention even ordinary citizens who have deep aastha for Maa Ganga.
The Ganga is not only significant in view of the pride of place it occupies for its spiritual or cultural standing, but more so because it feeds almost 40 per cent of the country’s population.
From the lofty Himalayas to the Gangasagar, the Ganga basin – comprising the main river and its numerous tributaries – irrigates a large portion of the Indian subcontinent.
The slight change in water availability and the quality of Ganga, truly our national river, has a direct bearing on the economy of this region.
But, post-euphoria, reading the judgment by Uttarakhand High Court makes you wonder if the celebrations came a tad too soon.
Declaring the rivers, its tributaries and streams – essentially the entire basin – legal entities, the justices said: “The Director NAMAMI Gange, the chief secretary of the state of Uttarakhand and the Advocate General of the State of Uttarakhand are hereby declared persons in loco parentis as human face to protect, conserve and preserve Rivers Ganga and Yamuna and their tributaries. These Officers are bound to uphold the status of Rivers Ganges and Yamuna and also to promote the health and well-being of these rivers.”
Therein lies the catch.
The judgment is a major step in river conservation efforts, but it has a huge implication vis-à-vis the territorial jurisdiction of the high court.
In simple terms, it applies only to the state of Uttarakhand.
“(But) The decision can have persuasive value for litigants from other states to get similar orders for respective states,” said Ritwick Dutta, environmental lawyer.
The Centre, state governments, as also litigants from other states, can extend the judgment to their stretch of the rivers.
It is too early to know if the Uttarakhand government or the Centre will approach the Supreme Court against the Uttarakhand High Court’s decision.
But water being a state subject, the decision to accord similar status to the stretches in their territory will rest entirely with the states.
“Government of India – or for that matter, even the government of Uttarakhand – should not technically approach the Supreme Court. Else, all the talk of cleaning the Ganga river, the Namami Gange etc will be futile,” Dutta said.
Drains of Ganga and Yamuna
This was originally a case of removal of encroachment from the river’s floodplains – a common phenomenon in the hills of Uttarakhand, which had resulted in heavy loss of life and property in the 2013 disaster following the cloudburst.
The court had insisted on encroachment removal and the authorities paid no heed.
Not only this set of encroachments, but the rivers Ganga and Yamuna have also seen a host of problems: dumping of debris, dumping of treated/untreated sewage, encroaching the flood plains, building dams that obstruct the flow, diverting the flow of rivers for hydropower projects and haphazard planning – rather the lack of planning and illegal sand mining.
In fact, barring a few pristine stretches, the rivers had stopped being rivers – not qualifying on two simple, universal aspects that make any living river: aviral (continuous) and nirmal (unpolluted).
“People along the river Ganga are already going away from the river. The river no longer provides irrigation, the fish catch is declining, it brings increased floods each year, thus complain those staying along the river. The same people who revered it as Maa Ganga, are now saying, ‘We don’t feel this is our river’,” Siddharth Agarwal of Veditum, who has been walking upstream along the Ganga from Gangasagar, told me over the phone.
Starting last year, Agarwal has already walked 2,300km and is now traversing the snaking route near Uttarkashi, about 100-plus kilometres before Gangotri and Gomukh, the origins of the holy Ganges. “They don’t have any hope from the river.”
The Uttarakhand High Court echoed what Agarwal experienced while interacting with a multitude of people along the Ganga’s banks as part of his project “Moving Upstream”.
“The extraordinary situation has arisen since Rivers Ganga and Yamuna are losing their very existence. The situation requires extraordinary measures to be taken to preserve and conserve Rivers Ganga and Yamuna,” the court said.
Outlook needs to change
In 2013, the Kedarnath disaster had jolted everybody out of wits. Government and the people took to some remedial measures.
Committees were set up, declarations made and prayers held in reverence of the Maa Ganga. But, obviously, it was not enough.
Those who suffered and witnessed the destruction first hand described it akin to mythological “pralay (excessive flooding)” .
Be it the mythological pralay or the disaster that wreaked havoc, the message was loud and clear: mere obeisance is not enough, mere rituals of aartis and pujas are not enough, mere slogans of Namami Gange are not enough.
In 2014, the new dispensation at the Centre took over and one of the major decisions in the initial days was to declare the integrated Ganga conservation mission called “Namami Gange” to arrest the pollution of Ganga river and revive it.
The Union Cabinet approved an action plan to spend Rs 20,000 crore till 2019-2020 as part of the 100 per cent central sector scheme.
This was over and above the humongous budget spent as part of the National Mission for Clean Ganga (NMCG), with no result.
But the moot question is: Have we adopted the right approach?
Have we achieved the balance between environment and development or have we let development (read human greed) to rob the river – overpowered the need of the river to live?
Allowing the river to be a legal entity means according it the right to live.
Are we prepared to pull down the already-built dams that obstruct the aviral (continuous) flow?
While the intention of the Uttarakhand High Court is laudable, what is alarming is it indirectly relieved the ministry of water resources, the nodal front, of any task (perhaps again playing the jurisdictional card) to ensure the protection of the river.
“The presence of the Secretary, Ministry of Water Resources, River Development and Ganga rejuvenation is dispensed with,” the court said after tasking the “parent-ship” of rivers Ganga and Yamuna to the director, Namami Gange, the chief secretary of Uttarakhand and the advocate general of Uttarakhand.
In fact, it is the ministry of water resources, and in turn, the government of India, that should be the real parent of the rivers Ganga and Yamuna in the light of the new status.
Uma Bharti, the Union minister for water resources, had launched a “Save Ganga” campaign prior to her appointment in 2014.
“Mujhe Ganga ne bulaya hai (Ganga has called me),” Prime Minister Narendra Modi had famously declared soon after his victory from Varanasi in the 2014 general elections.
With such illustrious prodigies at the helm of affairs, Maa Ganga should be confident that Modi (by extension, the government of India) and Bharti (the ministry of water resources) would definitely extend the “Living Entity” status to the entire length of river Ganga? Will they?
(This story was first published by Daily O and it can be read here
It is difficult to think of a resource more essential to the well being of people and their economies than water, yet managing water resources is a complex and challenging task. The Hindu Kush Himalayan (HKH) region heavily depends on water resources for irrigation, food, hydropower, sanitation, and industry, as well as for the functioning of many important ecosystem services. Water thus directly contributes to the national GDP and to livelihoods and income generation at the local level. Although water is the foundation of sustainable development, water management in the HKH region remains fragmented and uncoordinated, and does not take relevant regional issues into account.
Many big rivers like the Indus, Ganges, and Brahmaputra originate from the snow and glacier covered high mountains, and have abundant seasonal and annual water supply. Despite this, mountain people living on the ridges and hill slopes have limited access to water for drinking and agriculture. Throughout the mountain region, springs are reported to be drying, and mountain agriculture has suffered from drought. The shortage of water has placed an increasing burden on mountain communities, particularly on women. Furthermore, the communities face loss of property and lives due to water-induced natural hazards. Climate change has exacerbated the situation by creating uncertainty about the future water availability and water security. Understanding the characteristics of water is crucial for sustainable water management. This article attempts to highlight some of the complexities and challenges of water management in the HKH region and discusses a possible way out for sustainable management.
Water and energy
Energy is one of the most important pillars of sustainable development. In the HKH region, hydropower is one of the most promising environmentally friendly sources of energy. With a potential estimated to be 500,000 MW, the region has abundant opportunities for hydropower development. Energy security can open up opportunities for development and employment and contribute to the national GDP. Moreover, innovative solutions such as electric transportation and a clean source of domestic and industrial energy supply would significantly improve the deteriorating environmental condition of the region. However, many countries in the region have been able to tap only a small fraction of their available potential. Out of the 42,000 MW potential reported in Nepal, only about 2% is harnessed so far, whereas Pakistan has harnessed 11% of its total potential. Still, people in both these countries face many hours of scheduled power cuts.
Water and the environment
Water plays a vital role in maintaining different ecosystem services in riparian areas. Freshwater ecosystems in particular largely depend on the specific flow regime of rivers passing through them. However, due to intervention of infrastructure development, the flow regime changes in the downstream areas, where, in many cases, communities depend on water resources for livelihoods such as fishing. A major concern is how to make sure that a certain minimum flow is maintained so as to sustain freshwater supply and support dependent ecosystems. There is very weak monitoring of the minimum flow requirement in the region.
Water for food
Water and food share a strong nexus, both being essential ingredients for human survival and development. Agriculture is a major contributor to the GDP of countries in the HKH. In Nepal, it contributes to 35% of the national GDP. The Indus River system is a source of irrigation for about 144,900 hectares of land, whereas the Ganges basin provides irrigation for 156,300 hectares of agricultural land. Access to water resources for food production and their sustainable management is a concern from the local to national level. Amid rapid environmental and socioeconomic changes, the growing population will require more water and food, and equitable access to vital resources has become a major question. Sustainable solutions to these problems require efficient use of water resources for agricultural use in which technological innovation plays a vital role.
Water and disaster
Due to its physical setting, the HKH region is prone to various water-induced hazards (e.g., landslides, floods, glacial lake outburst floods, and droughts). Every year, during the monsoon season, the floods bring havoc to the mountains and the plains downstream. These floods are often transboundary. Globally, 10% of all floods are transboundary, and they cause over 30% of all flood casualties and account for close to 60% of all those displaced by floods. The social and economic setting of the region makes its people more vulnerable to natural hazards. Lack of supportive policy and governance mechanisms at the local, national and regional levels, and the lack of carefully planned structural and non-structural measures of mitigation lead to increased vulnerability.
Regional cooperation in sustainable development of water resources
The examples above show that water has both beneficial and adverse traits, its management is complex, and often a regional approach is necessary. The hydropower potentials are primarily concentrated in the mountain regions have but the major users of the energy are the urban areas and industries in the plains. Strong technical and political barriers separate those regions, which is one of the major reasons of slow progress in hydropower development. However, recent trends have shown some positive change. In the recent 18th SAARC summit in Kathmandu, the SAARC member countries signed a Framework Agreement on Energy Cooperation. This agreement has opened up the energy market in South Asia, and thereby possibilities for cooperation in the energy sector. However, it remains to be seen to what extent the collaboration would play a role in energy security.
There are strong indications the HKH region is going to be warmer in the coming years. Precipitation is likely to increase in different places and have more inter-annual and intra-annual variability. What does the change in temperature and precipitation mean to water availability in the HKH region? What complexities do the cryosphere dynamics add to this equation? Should these changes be of concern to water resources development in the region? These questions cannot be answered without concerted efforts of the regional countries.
The regional nature of the natural hazards requires a regional approach to the solution. Effective flood management requires sharing data and information between the upstream and downstream areas, not only within the country, but also at the transboundary level. Technological innovations based on satellite information, in combination with ground-based data, can be transformed into information that can prove vital in saving lives and properties. For example, the Koshi Flood Outlook (www.icimod.org/?q=14181) being developed by the International Centre for Integrated Mountain Development (ICIMOD) and its national partners in Nepal and India has high potential for saving lives and properties in the basin. Such efforts should be promoted widely in the region. During the Jure landslide event of August 2014 in Nepal, during which the Sun Koshi River was blocked for several days, a great concern emerged from the Indian side regarding the status of the landslide and the likelihood of an outburst flood. The flood outlook was helpful in providing important information. This example shows that disaster risk reduction could be an entry point for immediate regional cooperation. This will create trust, which can be a basis for future cooperation for maximizing benefits such as energy trade. Countries of the HKH region should recognize the potential of water resources for sustainable development. These resources can help reduce poverty, improve livelihoods, conserve ecosystems and contribute to flood and drought management in the region. This will not only help us face the present crisis, but also open up avenues to deal with issues of future water availability amid climate and socioeconomic changes. Regional cooperation should be based on the three pillars of sustainability: economic vitality, environmental integrity and social equity, both at the national and local level.
This is a special feature article prepared by ICIMOD to mark the World Water day 2015 today, March 22, 2015