4. DATOS CLÍNICOS
4.1 Indicaciones terapéuticas
The purpose of this piece of research was to trace the evolution of water laws and policies in South Asia (IG Basin countries of India, Pakistan, Nepal and Bangladesh). The overall objective of the study is to obtain an overview of how these frameworks have evolved with respect to providing an effective basis for water governance at national, sub-national (in the cases of India and Pakistan) and basin levels. The study is based on the premise that an understanding of the past can provide insights on how the current policy and legal frameworks are poised to evolve in the future, and how they are placed in addressing current needs in the water sector which is in turn a critical pillar of economic and socio-political development.
The study collected a number of important legal and governance documents, carefully studied these with respect to the provisions and objectives, categorised these under different heads and put these under a well-designed framework. The study broadly indicated the following important patterns:
5.6.1. Temporal trends
Figure 5.3 illustrates the exponential growth in policy making and legislation in the IGB over the study period, with a significant increase in activity from the 1990s to date.
Figure 5.3. Growth of policy and legal Figure 5.4. Frequency of policy making and legislation in the IGB countries frameworks in the IGB
While the increase in attention to policy and legal frameworks at the national level partly account for this trend, our analysis also indicates the significant contribution of a growing body of sub- national level activity in India and Pakistan (Figure 5.4). Figure 5.5 illustrates the progression of policy and legal frameworks from a focus on water development up to the 1970s after which water management and water governance in particular have assumed prominence.
Figure 5.5. Orientation of water sector legal instruments between water resource development, management and governance in the IGB.
The availability of a comprehensive database of Indian legislation organized by year (http://www.commonlii.org/in/legis/num_act/) was used to compare the trend in water sector instruments with the overall legislative activity. Figures 5.6 (a) and (b) show a close resemblance between law making in India as a whole and the water sector, with a significant flurry of legislation in the current decade.
Figure 5.6 (a). Laws enacted in India by decade (b) Water-related laws enacted in India by decade.
5.6.2. Groundwater laws in South Asia
The study undertook a detailed analysis of groundwater laws in India. The main findings are presented in this section. While Figure 5.7 shows the general increase in attention to groundwater across the IGB since the 1990s, the most evident feature is the rise of groundwater as a key consideration in India both at the federal and the state levels.
It is also noteworthy that groundwater featured in 20 of the 25 instruments assessed for India for the 1990-2009 period, with 15 classified as having either a primary or substantial focus (Figure 5.8). However, while this quantitative observation confirms the significant attention given to groundwater, the review of the content of relevant instruments identified a substantial degree of similarity in content (and language) between several of the more recent instruments. This was most prevalent amongst the three federal draft Groundwater Bills (1992, 1996 and 2005) and the close resemblance to the 2005 Bill of the groundwater legislation of West Bengal, Bihar and Himachal Pradesh.
Figure 5.8. Dominance of groundwater laws in India (1990-2009).
In India at the Union level, two trends emerge when considering policies, legal enactments and resource management plans. One is the gradual move towards regulation of groundwater use. The need for limiting extraction within recharge limits was recognised by the National Water Policy of 1987.1 It also called for a periodical reassessment on a scientific basis of the ground water potential, taking into consideration the quality of the water available and economic viability (Section 7.1). This was followed by the proposed introduction of permits for and registration of new and existing wells,2 as well as the regulation of commercial well digging, be it in the Draft Groundwater Bill of 1992. The Bill also envisaged the creation of a National Ground Water Authority with the power to advice the State/Union Territory Government to declare any area to be a notified area for the purposes of controlling the extraction or use of ground water in any area and providing licences for further development of groundwater. The Draft Groundwater Bill of 1996 follows many of the provisions of the 1992 Bill, while introducing additional criteria to be considered when evaluating applications for new wells. The exceptions to the need for permits was also amended to include anyone who proposes to install a well that is to be fitted with a hand operated manual pump or water is proposed to be withdrawn by manual devices.3 The third Draft Groundwater Bill developed in 2005 continues the thinking of its predecessors, and introduces further criteria when reviewing applications for permission to construct wells.
Concerns over groundwater overuse emerge in the National Water Policy of 2002 which states that “overexploitation of groundwater resources in certain parts of the country have raised the concern and need for judicious and scientific resource management and conservation” (Section 6.1). The Policy goes on to require that integrated and coordinated development of surface water and ground water resources and their conjunctive use, should be incorporated from the project planning stage and should form an integral part of the project implementation (Section 7.3).
The second trend and a significant addition in the 2005 Bill is the emphasis placed on enhancing the supply side through groundwater recharge systems. Thus the Bill envisages permits for digging
1
Section 7.2
2