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Oceans, seas, lakes, rivers and such are bodies of water that represent 70% of the Earth.
Each body of water has certain aquatic ecosystems that it accommodates, it offers different
resources such as food supply to resources that have medicinal uses, and lastly, it provides water
supply for drinking and other uses. Water is a vital source for life to prosper. Despite this being a
necessity for every living thing, water forms around the world are constantly being polluted
especially in urbanized and highly populated areas. Water pollution is caused by many factors
and it comes from various sources. Contamination of water comes from human activities, people
do not hesitate to in throwing their trash and other wastes into bodies of water for easy disposal
believing that what they disposed of flows away from them or sinks at the bottom, away from
their sight. It can from factories and other establishments especially those that are industrial and
agricultural in nature which discharges their chemical or organic wastes into the water. It comes
from oil spills, boats or ships, and from households or communities who do not practice proper
waste management even the pollution ,that can seep into the ground, found on land can
contribute to groundwater pollution which then spreads to other water systems.1 Water pollution
1
Nunez, C. (2010, March). Water Pollution, explained. Retrieved from
https://www.nationalgeographic.com/environment/freshwater/pollution/
does not happen in one body of water without affecting the other especially in such water forms
Rivers, as history would show, are where civilizations grew from. This is due to the fact
that the body of water serves as a lifeline for their people. It is their main source of water and
other resources. The river that is called Ganges or Ganga is 1500 miles and starts from the
Himalayas and flows into the Bay of Bengal. It cuts through one of the most populated countries
in the world which is India. Communities that are located near the river go on about their daily
lives making use of it, whether it be for drinking, bathing, and or washing their clothes they
would get water from it or would do such things in the very waters. Such activities are not
unusual to do in the body of water. However, as much as people believe that the Ganges is the
purest and considered the most sacred water form in the religion of Hinduism, it is considered to
The pollution problem affects people’s livelihoods, health, social problems as well as it
impacts the environment through loss of biodiversity, food insecurity, floods and the like. With
such a high population density, contamination of the river is not only from the raw sewage and
industrial wastes being poured into the Ganges every day in massive amounts from industrial
hubs, those include cremated bodies and half decomposed bodies of people, but also such menial
human activities that the locals do in the river every day that involves celebrations such as
festivals that they do in the river, taking into account the fact that it is the main source of water
2
Denchank, C. (2018, May).Water Pollution: Everything You Need to Know. Retrieved from
https://www.nrdc.org/stories/water-pollution-everything-you-need-know#whatis
3
Das, S. (2019, April). The Ganges: Hinduism's Holy River. Retrieved from https://www.learnreligions.com/ganga-
goddess-of-the-holy-river-1770295
for half a billion people and more than a billion Hindus visit it because it is considered holy by
them. With such toxic substances being poured in and dissolved into the river, its contamination
brings a health hazard for the many people who benefit from the river as well as an
environmental threat to not only India but the surrounding countries as the river flows into the
Bay of Bengal. The issue of water safety and environmental awareness have been given focus by
many laws, policies, and projects of both non-government agencies and the national government
of India. However, evaluation and assessment of such efforts on the status of the river were
Hinduism is considered to be the 3rd largest religion in the world that follows Christianity
and Islam in the ranks; it is practiced by up to a billion people all over the world. It is the
dominant religion in India.5 The religion has many gods and goddesses that it believes in, one of
those goddesses is Ganga. It is known all over the country of India that the Ganges is a sacred
entity with the purest and holiest of water since according to the followers of the religion, the
It is where they celebrate many of their religious events and festivals that has been kept
as a tradition for centuries. Such rituals are done on the banks of the river wherein millions of
Hindus gather to honor the gods to gain their favor in return for the protection of their
communities from epidemics and the well-being of the people. One of the festivals is called
Ganga Dussehra which celebrates and welcomes Ganga, it is where the followers immense
4
Gopalakrishnan, R.(2017, April). Saving a river: Pollution in India's holy Ganges makes it toxic. Retrieved from
https://www.reuters.com/article/us-india-ganges/saving-a-river-pollution-in-indias-holy-ganges-makes-it-toxic-
idUSKCN1PC0CT
5
Majumdar, S.(2018, June). 5 facts about religion in India. Retrieved from https://www.pewresearch.org/fact-
tank/2018/06/29/5-facts-about-religion-in-india/
drench themselves in the river. Ganga Mahotsav and Chhat Puja are other spiritual celebrations
that are also celebrated every year that give respect to Ganga and other gods of Hinduism,
practices in such events go for four days long and involve bathing in the water to cleanse the
mind and soul. 6Various gifts and oil lamps are also flowed into the river as offerings. Based on
Hindu mythology , Garuda who is a mythical bird who flew above the Ganges dropped what
they call Amrit, which is a drink of immortality, in four areas of the river. These four areas are
the locations wherein the spiritual celebration that is Kumbh Mela is conducted. Millions of
followers bathe themselves in the water every day as well as directly drink it in the belief that it
will cleanse their souls. Through the stories that have been told that the goddess Ganga went
down to earth for the purpose of cleansing the souls of mankind. Cremation is a very important
funeral rite in Hinduism that according to them it is the proper way of disposing a body for it
releases the soul from the body to join the reincarnation cycle. However, they have faith that
when they throw or spread their dead cremated bodies into the water that they will be free from
the reincarnation cycle. This is why cremation sites are abundant near the river banks. Even half
decomposed bodies are thrown into the water. 7Regarding the pollution and the health hazard
that the river brings, the followers of Ganga take no notice of such facts for they still believe that
the river delivers the purest of water and that it can heal itself as a holy entity.
From the crystal clear and clean water flowing from the Himalayas, it flows through
populated areas of India where it is contaminated by untreated sewage and various wastes that
6
Ganga Action Parivar(2019). Festivals Along the Ganga. https://www.gangaaction.org/about-
ganga/people/spirituality-culture/festivals-along-the-ganga/
7
Richard, J.(2016, August). Super Interesting Traditions & Practices That Happen On The Ganges. Retrieved from
https://www.ranker.com/list/the-ganges-river-ceremonies-and-traditions/jeffrichard
when it reaches the sea through the Bay of Bengal it is a mixture of toxic chemicals that show
the very meaning of water pollution.8 Various environmental efforts to clean the Ganges river
have been implemented and one of these efforts is granting the river with rights to be a legal
entity. It was on March 20, 2017 that the Ganges river was legally recognized and was granted
rights to be a legal entity with the Chief Secretary and the Advocate General as "legal parents".
However, there have been issues brought to the Supreme Court of India that such decision is in-
implementable, "unsustainable in law" and such concepts that follow it such as "duty of the
river" is unclear. Furthermore, in relation to the part of legal parents, the area in which the
problem of the Ganges river the area and issues to tackle is too broad and wide in scope for the
The water entity has been given the same legal rights as humans, a decision that was
made to alleviate the pollution problem and as well as to protect the river Ganga. From such
action, looking at it in a legal perspective, when one does harm to the river such as
Through this they take on a new approach in confronting the problem of the river saying that
they invested in the wrong areas before such as infrastructure, technology, ownership and
management instead of governance. The court's decision in the Northern Indian State of
Uttarakhand declared the rivers Ganges and Yamuna to have the status that of living human
8
Gopalakrishnan, R.(2019, January). Saving a river: Pollution in India's holy Ganges makes it toxic.
https://www.reuters.com/article/us-india-ganges/saving-a-river-pollution-in-indias-holy-ganges-makes-it-toxic-
idUSKCN1PC0CT
9
Press Trust of India (2017, May). Ganga living entity case: Govt turns to Supreme Court to challenge HC order.
https://www.business-standard.com/article/current-affairs/ganga-living-entity-case-govt-turns-to-supreme-court-
to-challenge-hc-order-117052100454_1.html
entities to which was celebrated by many environmentalists.10 However, the effectivity of such
an order to the problem of pollution of the Ganges river is still under question.
The environmental issue that the river and the country of India that is confronted with is
multifaceted in terms of its causes and problems be it socio-economic, political, and cultural.
There have been many laws, policies, projects, and community mobilizations have been
organization both national and international to answer to the growing threat that is the river
Ganga. The history of the water laws and policies of India go back centuries ago it shows the
evolution that it goes through and the considerations and adjustments that were made as well as
the influences for such laws and policies to be enacted. Looking at the historical contest of it will
see the reason behind each water law in every period. The pre-colonial history of the water laws
of India can be divided into ancient India and medieval India which were founded on customs,
In ancient India, back in 2500 BCE, during the existence of the Indus Valley civilization
water played a vital role in irrigation and for personal use. Since agriculture was their main
source of employment, agricultural settlements increasing in number near the river banks, it was
through their belief in their religion such as practicing Jainism and Buddhism that they learned to
conserve their natural resources, build reservoirs and plant trees. The Hindu Water Law was
what followed; in its wholeness it expresses the harmony of human beings with nature. Water as
it was considered indivisible; traditions such as the Laws of Manu were referenced for the water
10
Safi, M.(2017, March). Ganges and Yamuna rivers granted same legal rights as human beings.
https://www.theguardian.com/world/2017/mar/21/ganges-and-yamuna-rivers-granted-same-legal-rights-as-
human-beings
laws during such a period. That water works be developed to benefit everyone and such pollution
and diversion of water for their own benefit shall be prosecuted and punished. Islamic Water
Law was also established with its principles that water is a gift from god and no one person can
own it. Colonial and Post-colonial laws made an impact in the formulation of such laws, it made
In the past years, concepts of human rights with the social environmental aspects of
water,importance and development of dams, and agreements with neighboring countries with
regards to water issues have evolved. The Water Act of 1974 was enacted to prevent and control
the problem of water pollution, it provided guidelines to discharge sewage, power to take
emergency measure by specifying the duty of the state pollution board to intervene and stop
such events of damaging and polluting the water bodies, and to maintain and restore the aquatic
resources.11 Even though it is a fact that the subject of water was of national issue, there was still
no national policy for it which greatly affects the integration of water policies. It was only in the
1980's that the National Water Policy was developed and was reformulated in 2002. It was
maintenane of water works, proper training of personnel, and improving and ensuring the saftey
requirements of buildings constructed. The national policy has state water policies to supplement
it, harboring the same principles. the policies promoted a stakeholders approach for a more
effective implementation process, which is why it gave importance to the participation of each
sector from the planning phase to the devolution and decntralization of control to the users.
11
Commonfloor(2014, June). Water Act 1974 to prevent and control water pollution. The Evolution of the Law
and Politics of Water, 159. Retrieved from https://www.commonfloor.com/guide/water-act-1974-to-prevent-and-
control-water-pollution-43718.html
12
These water policies in its entirety promote the use of incentives for the efficient and
Movements and initiatives were implemented for the pollution control and cleanup of the
river such as the Ganga Action Plan I in 1986 and Namami Gange in 2015 which was
implemented by the National Mission for Clean Ganga however efforts of both projects
delivered no change to the status of the river. Task forces and councils were also created
however the objectives were not just met. Goals to make Ganga clean was promised to be
fulfilled by 2019 which extended to 2020 this happened with Nanami Gange, and such turn of
events also happened to other initiatives wherein their objectives and man goal were not met
12
Cullet, P. & Gupta, J(2009). EVOLUTION OF WATER LAW AND
POLICY IN INDIA. Dordrecht: Springer Academic Publishers[PDF file]. The Evolution of the Law
and Politics of Water, 159. Retrieved from http://www.ielrc.org/content/a0901.pdf
13
Kaur, B.(2019,May).
Namami Gange: 5 reasons why Ganga will not be clean by 2020. Retrieved from
https://www.downtoearth.org.in/coverage/water/namami-gange-5-reasons-why-ganga-will-not-be-clean-by-
2020-61891