Problems in implementation of right to water in Bangladesh
which is against right based approach. b) Supply piped water on commercial basis and imposed charge for that indicates water an economic good. But, it is a social good as well.But, price of supplying piped water by Paurashavas can be decided commercially but in consultation with communities based on their needs, capacities and consensus.
Besides, to undertake water supply projects by Paurashava with permission of department of public health engineering (DPHE) is another problem to meet demand for water supply from communities.
Under section 16(9) of the Gram Sarkar Act, 2003, to assist relevant authorities in implementing programmes for ensuring supply of pure drinking water and sanitation by Gram Sarkar indicates another weakness. Because there is no option of Gram Sarkar to take initiative on its own for ensuring supply of drinking. Besides, dependant on other local govt. bodies like union council or a government department of public health engineering to repair a tubewell or to build up a reservoir for preserving rain water by Gram Sarkar indicates another weakness. In addition to abovementioned laws, there are some other enactments such as Water supply and Sewerage authority Act, 1996, The Embankment and Drainage Act, 1952 and the Ground Water Management Ordinance, 1985 of which proper implementation cannot be ensured by govt. till now.
Owing to the above policy , strategy and legislation not being right based approach and Bangladesh Govt’s failure to adopt water safety plan on the recommendation of WHO to implement the principles as to right to water included in general comment no. 15 of ICESCR ,the following consequences has been raised:
Lack of good quality of water is another problem in Bangladesh. Water borne diseases like diarrhoea, dysentery, cholera etc. still constitute major health burden in Bangladesh. The health injury reports on children in 2005 reveals that 36,000 children under 5 years die in every year from diarrhoea. BBS and UNICEF has estimated that children under 5 suffer from 3-5 episodes of diarrhoea each year each of which lasts for 2-3 days and sometimes more than two weeks. Water scarcity is another problem in Bangladesh. Because WASA has a capacity to supply 1.27 billion liters per day against a demand of 1.60 billion litres of residents in the capital. Afterwards, the extent of water supply is not enough to cover drinking water of all people in Dhaka in Bangladesh. Because every human being needs at least 20 litres of clean water a day according to international demand. Bangladesh is facing the problem of arsenic poisoning in drinking water which causes degenerative heath problems and eventually liver failure leading to death. A report shows that between 77 and 95 million people are affected, including approximately 35 million children, in 61 out of 64 districts of Bangladesh. So, it is a complex problem.
Recommendations:
Despite the Bangladesh govt. having a constitutional and international legal obligation to ensure that all its citizens have access to safe drinking water; the present scenario indicates that the govt. failed to do so. However, to overcome the constraints, the govt. should observe the following recommendations:
Despite right to water not being judicially enforceable there is a strong constitutional commitment of the govt. to the welfare of Bangladesh people. The preamble of Bangladesh constitution states, “we the people of Bangladesh having solemnly resolved ….to secure to all its justice social, economic and political assuring the dignity of the individual ….” The constitution guarantees protection for a wide spectrum of human needs encompassing social, economic and political rights. So, the govt. should observe such commitment for supplying safe drinking water. Besides, to ensure right to water, like India, the govt. can amend the constitution for including a provision whereby the fundamental principles of state policy and fundamental rights will be treated as supplement and complement each other. As a result, the fundamental rights will not be an end in themselves but will be the means to an end, the end being specified in part II of our constitution. The constitutional activists should take public interest litigation before the HCD under in case of govt’s failure to ensure it. Because, water is essential to sustain life. That is, the other name of water is life. In the context, the HCD by interpretation of right to life enshrined in article 32 can order the govt. to ensure right to water. The govt. should ensure effective enforcement of existing policy, strategy and legislation. The govt. must increase the role of the local government for developing water supply schemes and projects. The govt. should enact appropriate legislation by observing the provisions included in ICESER whereby a satisfactory (adequate, safe and accessible) water supply must be available to all.