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Water and Public Policy in India
Deepti Acharya is a political scientist and a researcher. For the last 15 years,
she has been associated with the Department of Political Science, Faculty of
Arts, The Maharaja Sayajirao University of Baroda, India, as Senior Assis-
tant Professor of Political Studies. As a faculty and a guide, she is allied with
different faculties, institutions and departments, including All India Services
Training Center, The M.S. University of Baroda (2010–14), Faculty of Law,
Department of Architecture and Faculty of technology of the M.S. Univer-
sity of Baroda, Vadodara (2010–13) and Department of Political Science,
Parul University of Vadodara, India. She has presented several papers in the
international and national seminars and has dozens of research papers to
her credit.
Water and Public Policy in
India
Politics, Rights, and Governance
Deepti Acharya
First published 2022
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an
informa business
© 2022 Deepti Acharya
The right of Deepti Acharya to be identified as author of this
work has been asserted by her in accordance with sections 77 and
78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted
or reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter invented,
including photocopying and recording, or in any information
storage or retrieval system, without permission in writing from
the publishers.
Trademark notice: Product or corporate names may be
trademarks or registered trademarks, and are used only for
identification and explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British
Library
Library of Congress Cataloging-in-Publication Data
A catalog record has been requested for this book
ISBN: 978-1-032-00548-5 (hbk)
ISBN: 978-1-032-07829-8 (pbk)
ISBN: 978-1-003-21173-0 (ebk)
DOI: 10.4324/9781003211730
Typeset in Sabon
by SPi Technologies India Pvt Ltd (Straive)
MAA and PAPA
Contents
1 Introduction 1
Bibilography 166
Appendix A: General Comment 15 195
Appendix B: India’s National Water Policy – 1987 211
Appendix C: India’s National Water Policy – 2002 219
Appendix D: India’s National Water Policy – 2012 231
Index 245
Figures
For those people who belong to “water-have areas”, a fact which provides
that in India the water availability has been reduced to 1,486 cubic metres
per person per year (as endorsed by the World Bank in 2019), can be merely
a figure. However, for the individuals, communities and regions that are fac-
ing the consequences of the loss of water, it is a question of existence. Since
the people who are water-poor are facing the problem of water shortage
throughout the year, for them, availability and accessibility of water became
a concern of the right. As I am a student of political and policy sciences, my
sensitivity, sensibilities and concerns about such questions of existence are
natural. This is because I am one of the victims who have experienced the
meaning of no or limited water. As a resident of Rajasthan (Jaipur, Urban
area), I had felt and lived with such burning questions of survival. I am
mentioning the late 1980s and 1990s when annual per capita water avail-
ability in India was around 2,849 cubic meters per person, as the World
Bank has reported.
In those years, for families like us and others, a question of survival that
could hold a promise of development and growth was a fake argument.
The only meaning of development was to get a constant water supply from
the nearest place. This was socialised and engendered so deeply that as a
child, my belief about life and duty became limited to fetching and col-
lecting water for daily uses. I still remember that in the “water-have-not”
communities, the ability of a man or woman was pronounced based on
his/her competence to fetch water. In my area, the strongest person of the
family had a responsibility to fetch water for the entire family, and that too
from a distant place. Considerably, this was the most common scenario.
Spending three to four hours every day and climbing more than 50 stairs,
just to get water, was not a surprise. This was so much of a part of our
lives that for us, like many others, it was not a struggle. The principle of
equality was relatively working here. Rich or upper-middle-class families
were having just a few benefits. For instance, they could buy water from
the “Water Tank Owner” or could have servants who could fetch water
for them. Otherwise, the level of water tension was the same. To me, like
others, the ownership status of these “Owners”, over water, was a matter of
surprise. An unanswered question was that if the entire region was suffering
Preface xi
from water stress, then from where were these “Owners” getting water, and
that too for selling? Many times, the purchase of water at a high price, from
these Owners, had disturbed our monthly budget, due to which we had to
compromise on many things, including social visits. On contemplation, I
can recollect that at the cost of water, my family had missed many impor-
tant social gatherings.
Social visits and gatherings were not social, in the full sense. Due to the
uncertainties associated with the water supply, the water fetchers of the
family could hardly get a chance to visit relatives or attend social gather-
ings. They were bound to remain at home to fetch water. These water fetch-
ers, who were the heroes for the family, were hardly popular among the
neighbours. This was because, in the water queues, they were harsh to them.
The uncertain condition of the water supply had left no room for mercy.
In my colony, a senior citizen whom we used to call “dadi” had to manage
with two buckets of water. Since she was living alone, there was nobody
who could fetch water for her, and none of us was in a position to help her.
About those who had physical difficulties, I have no words to write. Their
pain and suffering are justifiably beyond any expression.
Now, when I think about those days, I feel that for all of us, the question
of availability, accessibility and affordability of water had created peculiar
problems that had curtailed the right of surviving with happiness. For peo-
ple like us, the unavailability of water had created a situation where the
problem of no or limited water was not only a struggle to get water, but it
had led to new social problems, where finding a partner for marriage was
a never-ending struggle. A girl, who had played the role of “water fetcher
or water accumulator” in her parental house, would hardly agree to get
married to a boy who resides in the same situation. The fear was common
because nobody wanted to spend his/her entire life fetching water. The cri-
teria to get married was not a choice or love, but rather the availability of
water. One of my friends got married to a middle-aged man just because he
had his own house, with an ample water supply. Yes, the scenario is unim-
aginable at so many levels, but so it is. The problem was so grave that it had
killed the spirit and desire to think and work for better earning. My father,
like his friends, was more worried about fetching and collecting water than
about his enhancement and development – personal and professional. The
majority of the young boys and girls of my area who were “Bhaiyas and
didis” to me, were the water heroes, and hence they had no time to study
or train for a job. The shortage of water has made the whole generation so
busy that they had no time to think about their future. There was no pain,
no voice, just a loud silence. The story that weaves in common across every
section of the society was that of a much-awaited noise of slow-flowing
water and a rough, hard voice of feet.
A couple of years ago, as an Assistant Professor and an employee of The
Maharaja Sayajirao University of Baroda, I started thinking whether the
story had changed. I was curious to know if the Indian government/state
xii Preface
government(s) had made any efforts to change the scenario. Since India is
federal with a Union of states, my expectations were more from the Union
government, and hence, I was keen if any of the national water policy had
acknowledged water as a right and had entitled those people bereft of water
with categorisation as “water-have-nots”. My curiosity was at an all-time
high because, in 2015, the United Nations – with 195 nations – had replaced
the Millennium Development Goals with the Sustainable Development
Goals (17 goals). The new goals were formulated with a belief that differ-
ent nations with the United Nations can change the world for the better.
Significantly, for this, the idea of sustainable development has emphasised
ensuring availability and sustainable management of water and sanitation
for all (at present, Goal 6) and has endorsed this as a right. The United
Nations, along with other nations, has to achieve these goals by 2030. Since
India is one of the signatories of the promise, for me it was interesting to
investigate how Indian governments will keep the promise, especially when
per-person average water availability is reduced and is reducing constantly.
This book is an outcome of these curiosities and interests, which, instead
of underlining the problem of water scarcity and stress, argues for water
justice. My basic concern and interest, about the right to water, has made
this book multifold. This is because, to work on the line of these interests,
this book investigates multiple subjects. The book intends to investigate
the theoretical understandings and implications of the Right to Water and
explore the status of the Right to Water in India, particularly concerning
constitutional provisions, legal frameworks and judicial interpretations.
The book further examines the water governance framework concerning
the Right to Water from 1947 to 1987 and studies the three national water
policies, drafted respectively in 1989, 2002 and 2012. The core aim of the
analysis of these policies is to explore if the three policies embrace the idea
of the Right to Water.
The book explores the idea of the Right to Water, in the larger context; its
significance is not limited to India, but it is global. The strength of the book
lies specifically in three areas i.e., in the discourse of right to water, water
discourses in India and perception on Right to Water and lastly to water
policy frameworks. A normative and empirical commitment of this book
has expanded its significance that focuses on the idea of Right to Water
and argues to ensure it through national water policies as the part of the
execution of water justice. The focus of this book is extremely relevant for
water governance, as it conceptualises the idea of the Right to Water in the
context of the policy framework.
This book is intended for students and scholars in the interdisciplinary
subjects of political philosophy, public policy and environment as well as
readers with an interest in water policies in India and the region. It will be of
interest to policy makers, policy planners, bureaucrats, non-governmental
organizations working on water-related issues and the scholars interested
Preface xiii
in water-related jurisdictions, and so it should find a place in their personal
and institutional libraries.
A word of thanks is due to all those people whose support knowledge
and input form an essential part of the present book. I am grateful to the
author of the books and research articles on water and water policies. I owe
an enormous debt of gratitude to Professor Amit Dholakia, Department of
Political Science, the Maharaja Sayajirao University of Baroda, who has
remained a great source of support, advice and knowledge. I also acknowl-
edge the Hansa Mehta Library and Nehru Memorial Library for providing
access to a wide body of literature.
I would like to thank Routledge management for placing this research in
academia. It was the personal care and interest of Mr. Aakash Chakrabarty
and his able and efficient team, who ensured the publication of the book.
This book is dedicated to those generations whose voices have flowed
with the water and have not reached the top level. I dedicate this work to
Maa and Papa, who with all difficulties of our lives have remained a pillar
of strength for me. They are the real source of inspiration throughout the
academic career that has led this book here in the first place.
1 Introduction
DOI: 10.4324/9781003211730-1
2 Introduction
The discussions presented in this book are drawn upon the facts and
arguments of previous studies which have commonly concluded that glob-
ally, ensuring right to water to all is becoming increasing difficult (Gleick,
1993; Iyer, 2007; Shiva, 2002; Salman and McInerney-Lankford, 2006;
Brooks, 2007, 2010; Bakker, 2010; Cullet, 2010, 2013; D’Souza, 2008;
Thielbörger, 2014; Singh, 2016). The book, in the context of identified dif-
ficulties, takes a major shift from discussing the water problem in the ref-
erence of water pollution (Larry, Deborah, and Knox, 1990; Sen, 2017);
water wastage, health and sanitation (Mckeown and Bugyi, 2015); water
stress/scarcity and quality of water resources and their relation with water
conflicts and water disputes (Anderson, 1983; Gleick, 1993; Rogers, Lla-
mas, and Cortina, 2006; Gupta, 2008; Shiva, 1989; Colopy, 2012; Chel-
laney, 2014; Kallen, 2015; Steenhuis and Warhaft, 2016), floods, drought,
food, irrigation, pollution and management (Rao, 1991; Maloney and Raju,
1994; Vaidyanathan, 1999; Vaidyanathan & Oudshoom, 2004; Iyer, 2007,
Shiva, 2002; Sridhar, Thangaradjou, Senthil, and Kannan, 2006; Kumar and
Furlong, 2012; Chellaney, 2019); water management and water laws (Cul-
let, 2009, 2010, 2012, 2013); and rights of lower and upper riparian states
(Shiva, 2002; Iyer, 2007, 2009; Chellaney, 2014). Instead, it focuses on the
idea of Right to Water and investigates contents of the national water poli-
cies of the union government in India in the same context.
While taking such a shift, the book argues that in the water discourses,
the meaning(s) and elements of Right to Water are not explicit. They are
implicit and are needed to be derived from various sources, evolved at inter-
national, regional and national levels. In respect to this stance, this book
elaborates and discusses upon the process of the conceptualisation of the
idea of Right to Water. The book, for this purpose, focuses upon the global
and Indian perspective of the concept of Right to Water. While so doing,
the book reads and interprets the international, regional and national docu-
ments, the verdicts of the Indian judiciary and deeds of Indian civil societies,
not as a guarantor of right to water, but in realising their importance as a
definer of Right to Water. Since the second major objective of this volume
is to examine India’s national water policies, the book contextualises the
same, critically, with respect to the water policies drafted by the union gov-
ernment of India respectively in 1987, 2002 and 2012.2
India’s National
Water Policies:
Critical Analysis
of 1987, 2002,
2012
Water as a
basic
biological
Distributive
Towards Right to Water Concept1 Right to Water Benchmark2 Core principles of Right to Water Water Policy Strategies3
Management
Figure 1.2 shows that in this book, the emergence and evolution of the
concept of Right to Water is discussed as the first step. The second step of
the discussion has identified the core principles of Right to Water as the
ideal benchmarks and has used them as a tool to analyse India’s national
water policies, respectively drafted in 1989, 2002 and 2012. To make the
analysis precisely in favour of the idea of Right to Water, and to explore
if India’s national water policies are inclined towards Right to Water, the
book has investigated the distributive and management strategies, proposed
by the three national water policies, as the third step.
Figures 1.1 and 1.2 together draw the conceptual and theoretical frame-
works of Right to Water that this book explores, and they analyse its values
in the context of water policy frameworks of the union governments in
India. The book, for this purpose, uses a qualitative approach and com-
bines critical hermeneutics with critical content analysis. Noticeably, critical
hermeneutics is used to understand the complex argumentative narrations
which have emerged and evolved in the idea of Right to Water, and critical
content analysis is used to identify and explore if the three national water
policies are embracing the idea of Right to Water.
1.8 Scheme of chapters
To justify the choice of Right to Water in the context of National Water Pol-
icies of India and to present the analysis in a coherent way, the discussions
of the book are divided into five chapters.
Chapter 1: Introduction
“Introduces the book”
This first chapter sought to explain the background, significance, and
objectives of this book. The chapter presented the key interests of the
book and highlighted the rationale of the same.
Notes
1 It is important to note that throughout this book, “Right to Water”, i.e. caps,
indicates the concept; and “right to water”, i.e. without caps, indicates the right
itself.
2 The Union Minister of State for Jal Shakti and Social Justice and Empowerment,
Shri Rattan Lal Kataria, while giving a written reply in Lok Sabha, informed that
to address the present challenges in water sector, revision of National Water
Policy 2012 (http://mowr.gov.in/policies-guideline/policies/national-water-pol-
icy. Retrieved on 22 May 2021) was envisaged by the Department of Water
Resources, River Development and Ganga Rejuvenation, Ministry of Jal Shakti,
and a drafting committee was constituted on 5 November 2019 to revise the
National Water Policy.
3 Durbin Conference 1992, principle no. 4: Water is an economic good and the
emphasis is to treat it as a commodity.
4 The term refers to the World Bank and its affiliates, the International Finance
Corporation and the International Bank for Reconstruction and Development.
5 Some scholars contend that the idea of Human Right to Water was first argued
in theoretical discourses and then adopted by the United Nations (for instance,
D’Souza, 2008). Since the objective of this book is not to throw light on the
debate, the author here ignores the debate and puts forth both arguments.
6 Available at https://www.mapsofindia.com/my-india/india/world-water-day-
2017-indias-wake-up-call. Retrieved on 21 May 2021.
Introduction 11
7 For details, see https://timesofindia.indiatimes.com/city/ahmedabad/gujarat-
tops-niti-aayogs-water-management-index/articleshow/64589595.cms.
Retrieved on 23 May 2021.
8 The Government of India has constituted a committee for the formulation of the
fourth National Water Policy i.e. NWP 2020; (National Water Policy Plan 2020).
For the details see: https://niti.gov.in/planningcommission.gov.in/docs/reports/
genrep/bkpap2020/10_bg2020.pdf (Retrieved on 22 May 2021); however, since
the process is underway as of this writing, it is not appropriate to mention the
details of the same. A brief is given in Chapter 3 of this book.
2 The concept of Right to Water
Emergence and evolution
Introduction
The key purpose of rights is to satisfy human needs and enable them to
live with dignity. With regard to needs, the idea that water is a right is
fundamentally inarguable, because it is a common requirement of human
existence (Gleick, 1996, 2000; Scanlon, Cassar and Nemes, 2004). The idea
is simple; however, in modern times the argument of “common requirement
of human survival” requires further clarification. The requirement is urgent
because neoliberals have argued for development as a common need, and
that to attain it, water should be seen as multidimensional and emphasised
on the multiple uses for development. Clearly, with the new shift, uses of
water for other than life itself is justified. As a part of water governance,
this has allowed water to be claimed and used for developmental purposes
at the cost of life itself. Since in academia, the meaning elements and scope
of rights over water and water resources are not clear, it is difficult to sus-
pend the claims which insist that water is for development and can be used
at the cost of life itself. A winning position of this argument is challenging
for the water-poor states because it allows and justifies uses of the larger
part of water resources by influential groups for industrial and agricultural
purposes. Since availability and accessibility of water and water resources
are limited, uncertain and unequal, this further compromises with the water
use for drinking and domestic purposes. For the priority-wise entitlement
of water as a right, it is essential to narrow down the idea of Right to Water
and explore what can be the appropriate meaning of a fact that water is a
right, whose right it is and what it contains.
This chapter takes the call and attempts to answer these questions. To
make an investigation in the light of the aforementioned questions, this
chapter focuses on the philosophical arguments and institutional undertak-
ings that have emerged and evolved at global, regional and national levels.
The chapter, instead of discussing them as a guarantor of right to water,
analyses them as the interpreter of the same.
DOI: 10.4324/9781003211730-2
The concept of Right to Water 13
2.1 Towards water as a right in modern political thought
An argument that water is a right can be observed in modern political
thought.1 In regard to this, contributions of scholars like Hobbes, Locke,
Hegel, Blackstone, Getzler and Nozick are significant. These scholars, while
describing water as a right, have focused on the different issues concern-
ing water uses and have discussed this idea mainly in three contexts: (i)
need of/for life (Hobbes, Locke); (ii) ownership (Locke, Blackstone) and
(iii) essential elements of development (Nozick). In both Hobbesian and
Lockean theses, water is considered a need of life. Considerably, the Hob-
besian account addresses why water is required to be considered as a right;
the Lockean perspective, on the other hand, focuses on how the same can
be established as a right.
While answering the why of the question, Hobbes explains that water is
one of the basic necessities of life and is essential for human survival. He
highlights the significance of water in his tenth natural law, writing that:
As it is necessary for all men who seek peace to lay down certain rights
of nature, that is to say, not to have liberty to do whatever they like, so
it is also necessary for man’s life to retain some rights – the right to take
care of their own bodies, to enjoy air, water, motion, ways to go from
place to place, and everything else that a man needs if he is to live, or
to live well.2
For Hobbes, water is a right; the use of water is a liberty that is essential to
maintain peace (opening words of Leviathan, chapter 15). For him, right on
water is claimable because it comes under the category of right to self-pres-
ervation (Donnelly, 1981). In his writing, Hobbes explains that man has the
right to have a body which includes protection of body as well. For him, it
is the first right of man, which obviously includes all basic needs, including
water. In this sense, his argument of right to self-preservation is a right to
have water. His idea of self-preservation is a claim for water not merely for
life, but for a good life.
The idea is further expanded through the Lockean perception. Locke
explains how water as a right can be attained. For him, having a right over
water as a right to life is not a plain right, but enjoyment of it is attached
with labour. In his work, he explains that:
Though the water running in the fountain is every one’s, yet who can
doubt, but that in the pitcher is his only who drew it out? His labour
hath taken it out of the hands of nature, where it was common, and
belonged equally to all her children, and hath thereby appropriated it
to himself.3
14 The concept of Right to Water
Like Hobbes, his texts accept that water is a gift of nature and belongs to
all. However, his idea of everyone’s right is not a natural right, but it is a
right that can be enjoyed only if it has added human labour. Thus, for him,
water is common until labour is not added to it; added labour gives a sense
of ownership on water, which indeed is not a choice or a matter of dom-
inance. In the Second Treatise of Government, chapter 5, paragraph 33,
Locke explains this in the following words:
Evidently, unlike Locke, Nozick is not concerned with the adverse impacts
of private ownership. His extreme individualism makes survival of others
difficult as they don’t have any other source of water. For him, as everything
is better off after appropriation, then that appropriation is just (1974).
Here, Nozick values water for its inherent virtue of “all-purpose means”
that satisfy vital necessitates and offers a “well-being achievement” that,
however, is selectively in favour of water owners.
A visible fact about the understandings of these scholars is that for them,
water is a right. However, the logics of the same are different. While accept-
ing that water is a right, they mainly have explained two different views.
One of these views states water as a free right, and the other argues that
water is a right that results from labour and has linked it with right to
property. Since the ideas of the modern political thinkers are not further
discussed in required detail, relevance of their views cannot be argued as
a theory of Right to Water. However, even with the existing limitations, in
comparison to all other views, Lockean understanding about water can be
16 The concept of Right to Water
taken as the inspiration of the modern conception of Right to Water. Like
modern states, Locke’s major concern is to define and assure the ability to
access water. In policy making, the idea can be evolved as a concept that
insists upon guaranteeing that no single individual or institution will have
entire control over water. In the situation of water stress, guarantee of such
nature is essential as in reality of the “many uses of water”,11 it protects the
individual’s right to have water. The understanding is even otherwise worth
considering as Locke’s idea of labour is reinterpreted in the nineteenth and
twentieth centuries, where labour is seen as efficiency. Notably, the revi-
sion is not the revision of proviso, as in the new argument, water is not
merely seen as life but is considered and treated as a utility which does not
argue about leaving enough water for others. Globally, principles developed
under this view are known as Thatcherism12 and Washington Consensus.13
In political philosophy, principles introduced by Thatcherism and Wash-
ington Consensus have evolved new trends that has added new values to
liberalism. The principles insist that water is a right because it has many
utilities. This ultimately has created an argument that as water has multiple
uses, it is essential to protect and preserve it efficiently. Importantly, the
requirements considered in the neoliberal perspective have made a universal
call to adopt neoliberal values in water management. It has been ascertained
that water is not a free right, but a right which includes cost of labour, i.e.
management. The idea has valued labour more than water itself and has
encouraged states in the move towards water privatisation (Cleaver and
Elson, 1995; Spiertz and Wiber, 1996; Lipschutz, 1996; Barlow and Clarke,
2002; McAfee, 1999; Bond, 2000). Since the idea has created a threat to
water equality, it has received notable objections from different discourses
including neo-Marxism, eco-feminism and post-neoliberalism. Significantly,
the discussions that have emerged in the form of objections have created new
discourses, and together they have promoted the idea that water is a right.
However, instead of offering meanings and aspects of right to water, these
have debated the justifications of their own arguments. For instance, while
justifying water as a right, neo-Marxism argues that water is a common
need and not merely a utility resource, as neoliberalism insists. To counter
the idea of water privatisation, Marxism insists that water be considered
as a free right (Bernstein, 2001; McAfee, 2003; Bridge, 2002; Mansfield,
2004; McCarthy, 2004; McCarthy and Prudham, 2004; Goldman, 2005;
Perreault, 2006). Feminist discourse argues against both neoliberalism and
neo-Marxism and insists that water is the need of all but foremost the right
of women. Notably, in water studies, such arguments have evolved under
eco-feminism (Griffin, 1978; Gwyn, 1997; Shiva, 2002; Plumwood, 1994;
Bleisch, 2006). Different from these arguments, the human rights discourse
argues for water equality and water justice. Globally, the idea has evolved
as an argument against neoliberalism and is known as post-neoliberalism
(Gleick, 1993; Mclnerney and Lankford, 2004; Riedel, 2008; Brand, 2009;
Saden, 2009; Burdick, Oxhorn and Roberts, 2009; Escobar, 2010; Sand-
brook, 2011; Lancu 2013; Winkler, 2014; Risse, 2015; McDonald, 2016).
The concept of Right to Water 17
Note that these discourses, instead of offering required details on the idea
of Right to Water, present arguments that are articulated to determine to
whom water should be given and with what logic. Since there is an absence
of a specific meaning of right to water, in all four schools of thought – neo-
liberalism, neo-Marxism, eco-feminism and post-neoliberalism – emergence
of the concept of Right to Water cannot be claimed as a result of theoretical
advancements (D’Souza, 2008). As political theory has left out the question
that asks the meaning and elements of Right to Water, it is important to
seek answers from other discourses that are equally political in nature. In
this respect, to fill the gap, the philosophical arguments and institutional
understandings that have emerged and evolved in the form of declarations,
resolutions and constitutional arrangements can be examined.
Includes Internaonal
Ideas that have valued right Humanitarian Law,
Narrow sense: Accepng
to water,but inspecific Treaes and
afact that water is a
condions and provide Internaonal
right
relavely less details. Environmentaland
Labour Treaes.
Evoluon of right to
water at the
Internaonal level
Arguments developed in
Post-neoliberalism and
Ideas and documents measures offered by
Widersense:Real which explain right to Declaraons, Resoluons
Conceptualisaon of water in detail and and convenons of UN
Right toWater provide scope for use mainly focusing on
of water Comment 15
The ideas developed at different levels have preserved the concept that can be
called as Right to Water with almost the same understanding, and there is no
serious contradiction between them (only with reference to that is discussed).
The relations between the regional understandings and constitutional and
legal provisions are effectively connected with the international declarations
and also with each other. It would be incorrect to say that only international
declarations have inspired the regional and national undertakings. In some
cases, it is just the opposite: there are some regional and national initiatives
that are noted much before international declarations (see the endnotes of the
earlier discussion). Note that there is a relation between these ideas and the
initiatives. The flow of the relation and influence is as follows:
Post Neoliberalism:
1st step Theorecal frame work An argument against
neoliberalism
Internaonal level:
Concerning Global
Interests 2nd type of relaon
Mainly General
Instuonal frame work
Comment 15
1st type of
relaon
3rd step
Figure 2.2 C
onceptual evolution of an idea can be called as Right to Water:
expansion and relation.
Note: Curves show the levels of growth, simple lines show the emerging points of
the idea and arrows with two directions represents relationship. Notably, steps do
not represent hierarchical growth of idea.
The concept of Right to Water 29
Figure 2.2 demonstrates the conceptual evolution of an idea that can be
called Right to Water. It denotes three features: the emerging point of Right
to Water, its growth and the relation between various aspects attached
with the idea. Step 1 shows development at an international level. At this
level, the idea that can be called Right to Water has emerged in two con-
texts. First, the theoretical framework has emerged as an argument against
neoliberalism called post-neoliberalism, and the second is the institutional
framework, offered mainly by Comment 15. Step 2 presents the regional
development. It further shows the ideas stated in the two documents known
as constitutional and legal provisions. Similarly, Step 3 shows emergence of
Right to Water at the national level as evolved from national constitutions
and national laws.
In the figure, all three levels or steps have arrows in two directions. This
represents two types of relations: first, the connection between the three lev-
els; and second, the relations between the theoretical ideas and institutional
frameworks as have emerged and evolved at different levels. The arrows
(in two directions) which represent the “first type of relations” interpret
that the conceptual evolution of an idea can be called as Right to Water at
three levels, i.e. international, regional and national, and is positively inter-
connected (at least in documentation and arguments) because they are all
equally concerned with entitling water as a right.
Similarly, the arrows in two directions represent the “second type of rela-
tions”, i.e. between theoretical arguments and institutional frameworks,
being constant and in the same flow. This signifies that the influence of
theoretical arguments can be observed at each level, and each level simulta-
neously influences the theoretical arguments. It presents that post-neoliber-
alism has strengthened the institutional frameworks by offering theoretical
justification to the concept, and at the same time, institutional frameworks
have brought theoretical aspirations into reality. The argument like such
has a point because the values put by post-neoliberals, like water to all,
right to participate in decision making and non-discrimination in water
supply, find place in Comment 15 and are mentioned in the document, peri-
odically released by international, regional and national institutions.135 Sim-
ilarly, the contents of various documents have created new dimensions in
theoretical arguments. The expected role of the private sector mentioned in
Comment 15 and other documents is a subject of theoretical debates. Karen
Bakker’s (2010) conceptual discussion on the subject of obligation and her
objection to the use of the term Human Right to Water is one such example.
It is essential to note that a critic of the contents of Comment 15 as “revi-
sionist”136 and “unreflective”137 has actually helped the UN to improvise
the documents. In the water discourses, the argumentative attitude of the
theoretical discussions, like such, towards institutional undertakings and
arrangements has helped in conceptualising the idea of Right to Water in a
way which deserves to be placed in policy design.
30 The concept of Right to Water
2.4 Discussing the meaning (s) of Right to Water
The discussions so far show that attaining the meaning of Right to Water
is difficult. Since the idea has evolved as a process, it is difficult to get at
its actual meaning immediately. This is because of the fact that in the pro-
cess of modernisation, water as a right is viewed and argued in multiple
contexts, and in management processes, this has justified multiple uses of
water. In the conception of Right to Water, multiplicity of water uses cre-
ates problems of priority. This is becoming more problematic where water
is found to be limited. If right to water regards the fulfilment of water as a
basic need, then what the limit of this basic need should be always remains
a question. Thus, there is an obvious divide of what right to water includes
and what it does not.
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Language: Hungarian
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MAGYAR IROD. INTÉZET ÉS KÖNYVNYOMDA
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AZ EMBERISÉG KÉPVISELŐI
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BUDAPEST, 1923
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ELŐSZÓ.