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Combat Law Magazine, 01 May 2008
The human right to drinking water and sanitation
Gyana Ranjan Panda
The centrally sponsored schemes – Accelerated Rural Water Supply Programme and Total Sanitation Campaign – have just not done enough to ensure the right to drink safe water and basic sanitation for the common man

The Universal Declaration of Human Rights (1948) recognises the inherent dignity and the equal and inalienable rights of all human beings. There are certain basic needs that are essential for a dignified life. Water and sanitation are two of these essential human needs and a clean environment is also increasingly recognised as a fundamental human right. Besides, the International Covenant on Economic, Social and Cultural Rights (ICESCR) which came into force in 1976 also calls upon states to take "legislative, administrative and other action progressively" to ensure that "every human being within its jurisdiction’ has access to adequate water", "to the maximum of its available resources" (Article 2 of ICESCR).

Coverage of Drinking Water and Basic Sanitation in South Asia against Millennium Development Goals in the Year 2004

 

Use of improved source of drinking water (%)

MDG Targets in 2015*

Use of improved Sanitation facilities (%)

MDG
 Targets in
2015*

Afghanistan

39

52

34

52

Bangladesh

74

86

39

60

Bhutan

62

79

70

83

India

86

85

33

57

Maldives

83

98

59

76

Nepal

90

85

35

56

Pakistan

91

92

59

69

Sri Lanka

79

84

91

85

South Asia

85

86

37

59

World

83

89

59

75

Sources: UNICEF, Progress For Children, Number 6, December 2007.

*MDG targets: Halve by 2015, the proportion of people without sustainable access to safe drinking water and basic sanitation





Besides, the Directive Principle of State Policy also enjoins the ‘state’ to take necessary positive action to mobilise material resources for the common good (Art.39,Clause b) and also authorises the Panchayati Raj system to implement programmes for ensuring drinking water and sanitation in the 11th and 12th Schedule of the Constitution.

Notwithstanding all the necessary legal and constitutional mandates, UNICEF data suggests that almost 17 percent of the world's population lacks access to improved water services and about 40 percent lacks adequate sanitation (Progress for Children, UNICEF, December 2007).

The South Asian region is considered to have the worst indicators, at par with sub-Saharan Africa.

India’s endeavor to provide safe drinking water and basic sanitation to every habitat in rural areas has been administered through two Centrally Sponsored Schemes (CSS) viz., Accelerated Rural Water Supply Programme (ARWSP) and the Total Sanitation Campaign (TSC). Taking the importance of the schemes into consideration, the central government created a separate department—the Department of Drinking Water and Sanitation (DDWS)—under the Ministry of Rural Development in 1999, whose principal mandate is to implement and supervise these two schemes.

Safe water and ARWSP

Since 1972-73, the Government of India has been implementing the ARWSP to assist the states and union territories with 100 percent grants-in-aid to implement drinking water supply schemes in various problem areas. The entire programme was given a mission approach when the Technology Mission on Drinking Water Management called the National Drinking Water Mission (NDWM) was introduced. NDWM was further renamed the Rajeev Gandhi Drinking Water Mission (RGNDWM) in 1991. Presently it is a core component of the Bharat Nirman Programme which has set the target of achieving 55,067 uncovered habitation and about 2.8 lakh slipped-back habitation as well as to ensure the term ‘safe’ in the 2.17 lakh quality-affected habitations.

However, available statistics show that only 52 percent success has been achieved against the Bharat Nirman targets, negating the central government's claim of providing ‘universal’ access to ‘safe’ and ‘sustainable’ drinking water. According to information received from the states/UTs till November 2007-08, only 4.548 un-covered and 31,411 slipped-backed habitations have been covered and 44,563 quality-affected habitations have been addressed so far. (Response to Union Budget 2008-09, CBGA).

Where is the problem? The Comptroller and Auditor General's office in its recent performance audit of the Rajiv Gandhi Drinking Water Mission cites several examples of corruption, fraud and waste and also poor monitoring and surveillance of the water quality. There is also blatant violation of the norms and guidelines of the scheme. Above all, there is massive under-utilisation of the allocated funds in the RGNDWM. The CAG’s indictment, based on a performance audit of over 2000 projects in 153 districts in 26 states, says that “States (are) not paying adequate attention to water quality, with no or inadequate infrastructure for testing at the district level, and non-compliance with the periodic testing requirements.”

With regard to specific cases, the CAG finds that in Uttarakhand, Rs 22.28 crore meant for quality control was diverted to other projects; In Bankura district of West Bengal, there was no periodic testing of water supply in 29 projects despite the region being fluoride-affected; In Uttar Pradesh, the UP Jal Nigam ordered 25 lakh hydrogen-sulphide vials to test for bacteria in water. As many as 19.30 lakh vials lie unused. Besides, 98 projects with expenditure worth Rs 50.71 crore meant to monitor water quality are incomplete for periods ranging from two to 13 years. There are scores of problems cited by the CAG on the overall performance of the ARWSP. However, the budgetary allocation of the RGDWM for the last four years has shown an increase in budgetary estimates.




Basic Sanitation and TSC
In the International Year of Sanitation (2008), Government of India claims to have implemented the (Total) Sanitation Campaign in most of the districts successfully; it is being implemented in 578 districts of the total 610 districts. This scheme is considered to be one of the Flagship Schemes undertaken by the United Progressive Alliance (UPA) Government in the perspective of rural development as well as in honoring India’s commitment to meet the Millennium Development Goal (MDGs) to halve the proportion of people without sustainable access to safe drinking water and basic sanitation by 2015. Besides, the TSC has itself set a target to achieve 100 percent rural sanitation by the end of the Eleventh Plan by 2012. The target of 100 percent sanitation coverage is in terms of household, school and anganwadi toilets, and also providing hygiene education to people. The TSC programme is in its 9th year of implementation with a total outlay of Rs. 13,426.24 crore. It aims to build 11.84 crore Individual household latrines (IHHL), 11.21 lakh school toilets, 4.11 lakh anganwadi toilets, and 27,661 sanitary complexes. However the total achieved performance so far on the above components are 3.87 crore IHHL (32.73 percent); 4.93 lakh school toilets (44 percent); 1.56 lakh anganwadi toilets (38.11 percent); and 11,942 sanitary complexes.

The mid-term review report, annual report as well as the outcome budget underlined many challenges faced by the Total Sanitation Campaign (TSC). Some of the important findings are the moribund state of the PRIs in many states along with the low priority given by the political as well as administrative machinery causing slow implementation of the TSC programme; low motivation level in many grassroots implementing agencies; non-release of the state's share of allocations by some states; lack of inter-personal communication at the village level; inadequate capacity building and human resources at the implementation level, etc. However, the most important problem is the delay in the fund flow with regard to states’ share along with centre’s share to the district unit. This causes delay in the utilization of the first or second installments in many districts, thus contributing to poor progress in TSC coverage and denying citizens the right to basic sanitation.

To sum up, human rights are those rights which are essential for human beings to attain dignified life. Each and every Indian is entitled to have access to safe drinking water and basic sanitation as part of the human rights commitment and obligations pertaining to dignified life that India subscribes to under national as well as international law. However, the present implementation position of the centrally sponsored schemes (CSS)—ARWSP and TSC—have just not done enough to ensure the right to drink safe water and basic sanitation for the common man.

– The writer is research associate, centre for budget and governance accountability

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