Problems in implementation of right to water in Bangladesh
Problems in implementation of right to water in Bangladesh
Problems in implementation of right to water in Bangladesh
Asma Begum
Lecturer of Law Department
BGC Trust University, Bangladesh
Water is universally treated as essential right to human condition. Because, this right is intrinsically linked to other fundamental human rights. As such, right to water is a right to the enjoyment of a variety of facilities and conditions that are inevitable for proper existence of human being. Therefore, the Bangladesh govt. must guarantee a satisfactory supply of water as a right for sustaining human existence. For this purpose, the govt. though adopted various initiatives; they are not free from various difficulties which are crucial to be solved by it in strong hand to ensure the development of human rights.
The write up is an attempt to examine the present condition of lacunas in different policy, strategy and enactments regarding water and the consequence thereof and to find out the solutions of these problems.
Problems in existing law to ensure right to water in Bangladesh:
Though the Bangladesh govt. has taken different measures for water management and water supply, they are full of various problems as a result of which different effects have been found to be occurred in Bangladesh. The lacunas contained in policy, strategy, legislation and consequences arising there from are depicted below:
There is no specific provision of right to water in Bangladesh constitution However, article 15 states that it shall be a fundamental responsibility of the state to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens a) the provision of the basic necessities of life including food, clothing, shelter, education and medical care.Broad interpretation of basic necessities of life may include water. But the provision is included in fundamental principles of state policy and as such is not judicially enforceable. The GOB National Policy for Safe Water Supply and Sanitation, 1998 has divided water supply policy broadly for rural and urban areas. The rural water policy highlights that communities shall be the focus for all water supply activities. For this purpose, the local govt. is under obligation of planning, implementation and maintenance of rural water supply projects by this policy. But, in practice, it is the Department of Public Health Engineering who implements most of the water projects. Consequently, although communities have been made focus on water policy, in practice consultation with communities take place as optional and not regularly. Besides, the policy has considered water as an economic good and has prescribed community ownership of water machines like hand, shallow and deep tube wells. Here, there is a contradiction in the policy . The policy matrix no. 10 of the GOB poverty reduction strategy deals with water resource development, and management. The strategic goals in this sector are: expand utilization of surface water, rationalize utilization of ground water, protect flood, improve drainage and reduce vulnerability, enhance access of the poor to water and common property resources, augment surface water retention, protect wetlands including the sundarbans, institutional development of water sector agencies and control erosion of major rivers to protect large and small towns. The matrix has elaborated actions taken and planned but is silent about water as a right. One of two responsibilities regarding water management and water supply of a Zila parishad under the Zila Parishad Act, 2000 is optional responsibility which can be performed by it on the instruction of the govt. Optional activities of the Zila parishad covered by 1st schedule of this Act have been divided into seven categories of which public works is one category including four tasks of which the second one is to ensure water supply, drainage, preservation of surface water reservoirs and preservation of rain water. But Zila parishad is under no legal obligation to perform its optional activities for fulfilling people’s right to get water. According to section 73(2) of Paurashava ordinance 1977, a Paurashava may and if required by the prescribed authority shall, in the prescribed manner, frame and execute a water supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary. Sub-section-3 states that where a piped water supply is provided, the Paurashava may supply water to private and public premises in such manner and on payment of such charges as the bylaws may provide.
In the above provision, it is seen that a) Paurashava do not need to consult with local communities in developing water supply schemes