Tuesday, March 29, 2022

Enabling Better Water Governance


When UNICEF brought borewell rigs in early 1970s to help deal with water shortage, little did we know that it would become a tool for privatising the ground water in the decades to come, leading to over-exploitation of ground water and increasing mineral contamination as we drill deeper in search of water. Before we realised, several parts of the country turned grey and dark zones based on CGWB categorisation based on ground water extraction. India now has around 33 million borewells, making us the largest user of groundwater in the world.


Through populist programmes and subsidies, we have managed to shift the management of water as a common resource (managed collectively) to an individually controlled resource (private property) in the last five decades. This brought in more areas under irrigation, displaced traditional cropping systems and brought in wrong crops in wrong places. The shift resulted in the breakdown of institutions that evolved over centuries, displaced the centuries old scientific learning of building and managing tank cascades, disturbed the irrigation systems and severe neglect of the surface water systems.


The change has been so obscure, sporadic and spread temporally in the form of technology changes, individual irrigation sources and gradual crop changes for communities to understand and realize the honey trap they are into. It is also difficult to say that these interventions were part of a design and if we at this point, realise the potential impact of such interventions, because we continue to have slogans such as ‘har khet ko paani’ or programmes like Navaratnalu welfare scheme in Andhra Pradesh that aims to irrigate every acre of arable land in the State. Over the years, the decision making in agriculture has shifted from being a collective decision to an individual farmer primarily because of the decentralised/individual sources of irrigation.


Instead of taking a holistic picture of water at the village level, little attention to the degrading catchments, insufficient attention on the conjunctive relationship between surface and groundwater, we have designed institutional mechanisms to manage surface water and ground water separately. Perhaps designed to aid better implementation of programmes through these committees, these have created a deep divide in understanding of water and their governance. Though there is an emerging discourse that conjunctive use of surface and groundwater is an effective strategy for climate change adaptation, improve resilience of water and sustainable resource use. However, there is a lack of institutional framework for conjunctive management of water.


This would require a mindshift change of looking at water as a common pool resource; the understanding that livelihoods of the local communities are dependent on the effective management of the resource;  the recognition that the communities therefore are the primary stewards of the resource and are best suited to manage the resource. Being stewards they would be responsible to manage their water, take cropping decisions, partake in land-use decisions (for water conservation) and evolve rules for governance of the resources. The institutional framework for conjunctive management of water would evolve through the overall understanding, but also through devolution of responsibilities to the village level. While the National Water Policy 2012 has outlined the principles, there is a need to design the structure, provide authority and design long term support to make this a reality.


All these years, we have focussed our attention on improving the storage of surface water through watershed development and improved water harvesting. Programmes such as Jalyukt Shivar in Maharashtra and Mukhyamantri Jal Swavlamban Yojana (MJSY) in Rajasthan have made considerable effort in improving storage and recharge of water. However, it is also important to focus our efforts on managing the demand for water and evolving mechanisms for better governance of the water resources like crop selection, water sharing or installation of water saving technologies (drips and sprinklers). Another important aspect is to build awareness among communities to bring in behavioural change in water use. 


An important aspect necessary for the water sector and its governance is the lack of data and information for decision making at the community level and at subsequent levels. There have been experiments by various programmes (APFAGMS and APWELLS) and organisations to support this initiative through community level water budgeting or through crop water budgeting exercises at community or watershed levels. There has been reasonable success in community governance of groundwater under the programmes which requires to be scaled up with a much clearer architecture for supporting the village institutions and the gram panchayats. With appropriate precautionary principles in place, exercises like crop-water budgeting can be key to enable interactions among community members and evolve principles of governance of water in their vicinity. Simulation games can lead to improved understanding and help in evolving governance mechanisms for water. A Water Management Game evolved jointly by International Food Policy Research Institute (IFPRI), Arizona State University and Foundation for Ecological Security suggests that communities would be willing to collaborate to improve the governance of water when they understand how the individual actions have negative impacts on the common water resources.


As we celebrate the World Water Day this year on 22nd March on the theme “Groundwater: making the invisible visible”, there is a need to bring in a paradigm shift towards democratisation of water - with focus on breaking the silos in water sector by bringing in drinking water, surface water and groundwater together, evolving institutions for conjunctive use of surface water and groundwater, paying attention to protecting and rejuvenating the Commons (the hydrological sinks), enabling information (data) based decision making, along with emphasis on equity and sustainability by delinking water rights from land rights. This would also require building dedicated cadres/functionaries to support communities through reliable data and in enabling better governance of the water resources.


States require to work on holistic solutions to overcome the complex problems that help build an ecosystem that appreciates the commons-farming system connect, that ensures the right crops in the right area, evolve resilient systems to manage climatic risks, and technological solutions to assist optimal water use. Instead of announcing subsidies for borewells or providing free electricity that distort farmer behaviour, long term work is needed for a coherent and collaborative engagement of various stakeholders in enabling a better future. 


Subrata Singh

Version of the article was published on 18th May 2022 in India Water Portal 
https://www.indiawaterportal.org/articles/enabling-better-water-governance  

Wednesday, March 23, 2022

Re-imagining Public Land Protection Cells

The judgment by Markandey Katju, J. and Gyan Sudha Mishra was a landmark judgment for the management and governance of the commons in the country. It provided a hope and momentum for the communities to get back the rights over the commons that they lost to the encroachments. The Court gave directions to all the State Governments in the country to prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and these lands be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. …. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. The judgment became a reference point for several other judgments by various lower courts leading to the development of jurisprudence around commons in the country. 

The State governments and Union territories have responded to the directions of the court in providing directions for removal of encroachments, evolving mechanisms for better management and governance of the common resources and their restoration using programmes such as MGNREGA. The Court order has definitely served as a deterrent to the indiscriminate land grab and use of community lands and water bodies for the purpose of government and private development projects. 

The High Court of Rajasthan (2019) was followed by the High Court in Madhya Pradesh (2021) directed the Chief Secretaries of the respective States to devise a permanent mechanism - specially designated Public Land Protection Cell (for short 'PLPC') for rural areas, which should be operational in every District of the State headed by the concerned District Collector for receiving complaints/representations with regard to encroachments of the common lands. 

The Public Land Protection Cell should be 
  • Headed by the District Collector and function under his/her direction and supervision. 
  •  PLPC shall get such complaints/representations and get them enquired into by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verity whether or not such encroachments have actually taken place on such land. 
  •  If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. 
  •  The complaints/representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/representationist about the action taken. 
While the High Court has taken this step to reduce the need to directly entertain public interest litigation on the issues of encroachments and take them only in the event of inaction on the part of the concerned PLPC, the arrangement has gone a long way to devolve and democratise legal knowledge & support for such cases. This arrangement has in true sense attempted to devolve the arbitration process related to public and common lands and water resources to the district and tehsil level. The arrangement provides for polycentricity of legal structure in which legal systems compete or overlap in a given jurisdiction, as against the monolithic legal system as the sole provider of law. The devolution occurs by the principle of jurisprudence where the PLPCs have been given powers to implement the guidelines issued by the Supreme Court in Jagpal Singh & Others vs. State of Punjab & Others, (2011) 11 SCC 396 for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and the restoration to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. With possibility of resolution of such cases at the Tehsil and/or District level allows a larger section of the population to access legal recourse at a much cheaper cost. 

The mandate provided by the Supreme Court Judgment has a huge potential for enabling better governance of the common lands and the role of the Gram Sabha/Panchayats. The PLPCs formed in Rajasthan and Madhya Pradesh needs to play a much larger role than the adjudicatory role for the encroachments, which is the current focus. It is important to engage and re-imagine the role of the PLPCs to assist in managing almost 35% of land in Rajasthan and 25% of land in Madhya Pradesh. Rajasthan has already created an architecture (prior to the Judgment in 2017) for the management of wastelands and pasturelands in the state by creating a Wasteland and Pasture land Development Board at state level and committees at district, block and Panchayat levels to play key role in removing encroachments, developing restoration plans and managing the resources for benefit of the villagers. It is important for both the institutions to complement each other in improving the governance of the common lands. 

As has been highlighted in several research, the states do not have databases of pastures, various common lands and wastelands nor do they have geo-referenced spatial maps to refer to and take decisions related to the same. The institutions such as the Public Land Protection Cells should not merely be adjudicatory bodies but should evolve into bodies that can support panchayats and village institutions in managing their common resources better. 

This would require broadening the scope of their engagement as bodies for registration of the commons, enabling entering them into the panchayat asset registers, enabling social audits so that the commons are intact in addition to the adjudicatory functions. Dismayed over large scale encroachment of the water bodies in TamilNadu, the Madras High Court in March 2021, directed the State Government that satellite imaging of all taluks be collated for each district and the district-wise satellite images to be maintained in the State secretariat, with the idea was that the satellite images would be the proof of the existing water bodies so that such resources are maintained and protected. The scope very well comes under the purview of the States in developing a programme/scheme for the protection of the commons and making the PLPCs responsible for the same. 

This article is aimed to explore and engage in evolving the PLPCs as institutions of purpose for managing the common lands across different states rather than merely performing an adjudicatory function. As the functioning of the PLPCs are unfolding, it requires larger discussions to shape these institutions to play an important role in achieving better management of the land and water resources.

Pooja Chandran & Subrata Singh

A version of the article published in IDR on May 24, 2022 - https://idronline.org/article/rights/public-land-protection-cells-a-new-hope-for-indias-common-lands/

Published in The Times of India 30th May 2022 https://timesofindia.indiatimes.com/blogs/developing-contemporary-india/public-land-protection-cells-a-new-hope-for-our-commons/

Published in Global Issues 3rd June 2022 - https://www.globalissues.org/news/2022/06/03/31028

Published in Inter Press Service 3rd June 2022 - https://www.ipsnews.net/2022/06/public-land-protection-cells-in-india-a-new-hope-for-our-common-lands/

Published in Archynetys 4th June 2022 - https://www.archynetys.com/a-new-hope-for-our-commons-global-issues/

Published in The Daily Churner 4th June 2022 - https://greatawakeningmusic.com/world/public-land-protection-cells-in-india-a-new-hope-for-our-commons/



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