(Feature image: Protesters hold placards during a demonstration against the killings of 13 protesters in Tuticorin. Photograph: Arun Sankar/AFP/Getty, Source The Guardian report. )
In a remarkable refreshing order, the Madurai bench of Tamil Nadu High Court has held that protest against environmental violations like that of Sterlite factory is a fundamental duty of citizens. The Madurai bench has reasoned that the duties of the state in protecting the environment are basically the rights of the people. The bench relied on Article 51-A (g) of Part IV-A (Fundamental Duties), which deals with the duty to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. A liberal interpretation of Article 21 (protection of life and personal liberty) of the constitution enabled the bench to hold that right to environment, free of danger of disease and infection is inherent in it.
Continue reading “DRP NB 27 Sep 2021: TN HC: Protest against environment violations fundamental duty”
There is no doubt that India urgently needs a guidance note and policy for Environment Sensitive, Climate Adaptive and Socially inclusive Urban Rivers Planning and Development. But this is required for the Urban Rivers and not just Urban Riverfront. The NMCG attempt like that of Sabarmati and numerous other river fronts unfortunately are not bothered about rivers, they are only interested in grabbing land from the Urban Rivers and convert the rivers into concrete channels on two and in some cases three sides (include the sides and the bed of the rivers). That is clearly death knell for the rivers. There is no doubt that there is need connect the people with the rivers, not just river fronts. The NMCG and other government bodies know the difference, so it is not out of ignorance that they have come out with the guidance note for river fronts rather than one for rivers. Unless people, civil society, experts and judiciary raise these issues, the future of Urban rivers seem bleak in India, as can be seen from the stories of Urban rivers compiled here from this week.
Continue reading “DRP NB 20 Sep 2021: Policy needed for Urban Rivers, not Riverfronts”
Recently, when the government of India certified that cities like Indore, Surat, Hyderabad, Vizag, etc are Water Plus, it raised a number of questions including the credibility of the claim, lack of credit worthy independent assessment, how sustainable are the claims, etc. The author of the following article rightly raises the question if the cities are at all Water Plus. They are clearly not. While recycling and reuse of 30% of treated sewage and full treatment of waste water is welcome in view of the current pathetic status of city water management in cities, this achievement, if it is real as assessed by credit worthy independent assessment & judged against a set of well-defined criteria of sustainability among others, is worth appreciating, but it certainly does not deserve Water Plus City label. To achieve that label, a lot more and a lot different kind of achievements will be required.
Continue reading “DRP NB 13 Sept 2021: Misleading claim of Water Plus cities”
(Feature image: Rani Pokhri bridge on the Dehradun Rishikesh highway collapsed near Dehradun, August 27, PTI https://www.thequint.com/news/india/uttarakhand-rains-bridge-on-dehradun-rishikesh-highway-collapses-no-casualties#read-more)
Data published this week (see below) shows that disasters are going up almost five fold in the Himalayas (data from Uttarakhand, HP below, but this is not different in rest of Himalayas), nationally and even globally. The data from UN report this week shows that the disasters are up five fold in recent years. Damage is up even more. As the data of landslides due to Char Dham High way and hydropower projects show, the contribution from these projects to the disaster is clear. So much so that even the editorial in The Hindustan Times this week asked to stop these disastrous projects. While it is unlikely that the governments or politicians would wake up to this reality anytime soon, one expects the judiciary, media, civil society and academics to take up this issue on urgent basis.
Continue reading “DRP NB 6 Sep 2021: DISASTERS GOING UP in Himalayas, across India & Globally”
(Feature image Wildlife Along Indian Rivers by Green Humour:- http://www.greenhumour.com/2017/09/wildlife-along-indian-rivers.html)
Aquatic freshwater biodiversity has seen the maximum decline over the years and yet has the least protection under law. In fact fish is not even considered for protection under the Wildlife Protection Act. Fishing cat, Mahseer, Otters, Trout fish, Hilsa fish are all at top of the food chain in freshwater sources, like the tiger is in the forests, but none of them have the legal protection. If we have any serious intension of protecting this important source of biodiversity, we urgently need measures, including policy, legal and institutional measures to recognize and protect this biodiversity.
Continue reading “DRP NB 30 Aug. 2021: Why no protection for aquatic biodiversity?”
This week (23-28 Aug 2021) it is Stockholm World Water Week (SWWW) with a 30 year history. The organisers say: “World Water Week 2021 is unlike any other week in our 30-year-old history.” But provide no clear reasons why they are saying that. Their possible explanation: “In 2021 people across the world are really beginning to understand the gravity of the situation we are facing – within a decade we must halve carbon emissions, restore the degraded natural world, and achieve the Sustainable Development Goals. This will require massive transformations of all sectors of society. World Water Week 2021 is entirely focused on the role of water for these transformations and on developing real solutions.” https://www.worldwaterweek.org/news/join-the-most-important-world-water-week-ever
Continue reading “DRP NB 23 Aug 2021: World Water Week: 30 years long enough for stock taking?”
The numerous landslides this monsoon in Kinnaur and other districts of Himachal Pradesh and other Himalayan states have been literally deadly, killing hundreds of people this monsoon. Mindless “development” projects including Hydropower projects, indiscriminate building of roads in mountains, blasting, tunnelling, mining, dumping of waste into the rivers and valleys, deforestation, building townships, all without any credible impact assessment, public consultations, appraisal, monitoring or compliance. While climate change (another anthropogenic factor) leading to more frequent events of high intensity rainfall is worsening the landslide potential of the area, what we are doing in the name of developments is multiplying the disaster potential several fold. The governments at centre and states and judiciary can continue to be blind to this realities, but local people cannot. The local communities in Kinnaur, Lahaul-Spiti have been opposing such projects strongly and such protests are bound to increase and spread. One hopes this pushes the governments and judiciary to act urgently.
Continue reading “DRP NB 16 August 2021: Landslides in Himachal worsened due to mindless “development” projects”
(Feature image: Two Telugu states, one river — why Andhra & Telangana are fighting it out over the Krishna https://theprint.in/india/two-telugu-states-one-river-why-andhra-telangana-are-fighting-it-out-over-the-krishna/696801/)
The July 15 2021 Govt of India notification on Andhra Pradesh-Telangana water disputes is of doubtful legal validity and the Supreme Court urgently needs to examine this. The 2014 AP Regorganisation Act didn’t make provision for the Centre to take over water infrastructure of the two states, which is what effectively the centre has done through the July 15 notification. The Jul 15 notification effectively dismissing powers of Andhra Pradesh and Telangana without any consultations and there is no provision in constitution for this.
There is no doubt that the long lingering water sharing disputes between Telangana and Andhra Pradesh and which was the major reason for the bifurcation of Andhra Pradesh, needs to be resolved. But the blame for not achieving any resolution of the disputes also lies with the Centre, the KRMB and GRMB are not even functioning with necessary urgency or effectiveness.
Continue reading “DRP NB 9 Aug 2021: Doubtful validity of GOI’s July 15 notification on AP-Telangana water disputes”
( Feature image:- Women members of Raini village’s gram sabha, Source: Atul Sati/ Facebook/The Quint)
The July 14, 2021 order of Uttarakhand HC, dismissing the petition of those affected by the Chamoli disaster of Feb 2021 and asking that NTPC, developer of the Tapovan Vishnugad project be accountable, is most distressing. While Indian judiciary is rightly credited with doing a lot for the cause of environment and people in general, in the unequal battle of the communities and activists against injustice and negligence of giant projects and their developers, the judiciary has more often failed to ensure that the developers are held accountable and are not allowed to bulldoze ahead using their might, supported by the state, to crush attempts to achieve just and democratic results. In the Chamoli disaster, there are many many questions that remained unanswered and one expected the HC to use the petition to seek those answers. But in stead, the HC has chose to question and fine the petitioners. One hopes the higher judiciary will correct this and stay the order and in stead seek answers from the developers of the hydro projects in such fragile, disaster prone areas and those that sanctioned such projects, including the environment ministry, the state government, the CWC, the CEA, the Geological Survey of India and also the project developers.
Continue reading “DRP NB 2 Aug 2021: Disappointing UKD HC order on Chamoli disaster: Will SC intervene please?”
(Feature image source: India TV https://www.indiatvnews.com/news/india/monsoon-mayhem-maharashtra-floods-landslides-death-toll-latest-news-721924)
As Maharashtra faced the worst flood disaster of SW Monsoon 2021 in India, we see the phrases like “unprecedented rainfall”, “record breaking rainfall”, “frequent landslides” etc. with increasing frequency along with phrases like climate change floating around. While these are not entirely incorrect claims, these should not be used to escape the responsibility and accountability for failing to either accurately forecast the rainfall or to manage the proportions of disasters, including operation of dams, encroachments into water bodies and water path, not accurately marking locations vulnerable to landslides in landslide prone areas or taking up inappropriate “development” projects in vulnerable areas. All of these factors can be seen at play in disasters this monsoon in Maharashtra, Uttarakhand, Himachal Pradesh among others.
Using such phrases, there is an attempt to escape the accountability or responsibility. This is a culture increasing being propagated by Central Water Commission as they did in Kerala in 2018 and Krishna basin floods in Maharashtra in 2019 as in numerous other occasions. It is known now to everyone that climate change is going to lead to more instances of heavy rainfall that can frequently fall in unprecedented category, but that only means we need to take measures to reduce the damage in such instances, predict them accurately and manage them effectively. That is what the Action Plans for Climate Change and Disaster Management apparatus needs to work on, but we have clearly failed there so far.
Continue reading “DRP NB 26 July 2021: “Unprecedented rainfall” used to escape responsibility?”