Human Rights & Gender Dimensions Of Water Governance In India Human Rights & Gender Dimensions of...

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Project on:

HUMAN RIGHTS & GENDER DIMENSIONS OF WATER

GOVERNANCE IN INDIA

Submitted as per the requirement of the course curriculum of

“Environmental Governance”

Submitted to:

Prof. (Dr.) M. K. Ramesh Course Teacher

Submitted by: Ritu Raghuvanshi

I.D. No. 637

LL.M. (Human Rights)

Batch: 2014 – 2015

HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE ININDIA

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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

TABLE OF CONTENTS

TABLE OF CONTENTS …………………………………………… 2-3

ACKNOWLEDGEMEN…..………………………………………..….. 4

ABSTRACT ……………………………………………………………. 5

RESEARCH ADDENDUM ……………………………...…………..6 -7

Aims & Objectives ………………………………………………..6

Statement of Problem …………………………………………….6

Scope & Limitation …………………………………….……….6-7

Research Questions ……………………………………………….7

Hypothesis …………………………………………………..……..7


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Research Methodology ………………………………………..…..7

Sources of Data ……………………………………………………7

Mode of Citation …………………………………………………..7

1.Human Rights to Water …………………...………………………… 8-11

2.Water Governance – Components ……………………….……… 12 – 16

3.Gender Equation – ground realities and need for

balance …..… 17 – 20

4.Need for involvement of women …………………………………. 18 –

20

5.International & Regional Framework ………………...………… 21

– 26

6.Indian Position …………………………………………………….. 27 – 33

7.Case studies ……………………………………….……………….. 34 – 41

8.Analysis of the situation ………………………………………..…. 42 -

43

9.Suggestions …………………………………………………..……. 44 – 45


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10. Conclusion …………………………………………………..………….. 46

Testing of Hypothesis ……………………………………...……………47

Annexures:

Table 1. Distribution of households per person

responsible for water collection, by regions

and rural/ urban areas ……….. 48

Table 2. Trends in Global Sanitation Coverage

………….....49

Table 3. Global Sanitation Coverage and Open

Defecation Trends in Rural & Urban areas

……………………………………....50


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ACKNOWLEDGEMENTS

This research work titled ‘Human Rights & Gender Dimensions of

Water Governance in India’ would not have materialized without

the valuable guidance and generous help of several individuals

who in one way or another have contributed towards the

preparation and completion of this paper.

To begin with, I would like to express my deep gratitude and wish

to convey my most sincere thanks to Prof. (Dr.) M.K. Ramesh for

his valuable guidance without which it would have been difficult

for me to set the right perspective towards this academic

endeavour.

I also extend my heartfelt thanks to Prof. Chiradeep for his

valuable suggestions, discussions and knowledge that has

thoroughly helped me in the completion of this work.


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Lastly, I wish to convey my sincere thanks to the library

resources and staff of National Law School of India University,

Bangalore for their kind co-operation and support.

Ritu Raghuvanshi


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ABSTRACT

In this project, researcher has made an attempt to analyze the Human Rights

dimensions of Water Governance in the Indian context from a gender

perspective. First the concepts have been stated, followed by the issue at hand.

For this purpose, the researcher has divided the project into ten parts. The first

part deals with the Human Rights to water and caters to the debate as to

whether water is a human right or a human need. The second part discusses the

components of Water Governance. The third part touches upon the ground

realities of gender equations. The fourth part emphasizes the need for

involvement of women in this process of water governance. The fifth part deals

with the International framework which advocates for a modern perspective on

gender mainstreaming in India. The sixth part is concerning the position in India

including the situations in Rural and Urban places with special mention of the

problem of sanitation. The seventh part of the project is concerned with few case

studies wherein the stewardship of women in relation to water Governance has

been highlighted. The eighth part provides for an analysis made by the

researcher concerning the issue at hand. Finally, the project concludes with the

ninth and tenth part being suggestions and conclusion respectively.


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RESEARCH

ADDENDUM

Aims & Objectives

The aim of this paper is to analyze various dimensions of Water

Governance and its relation to Human Rights from a gender point

of view in the Indian context.

The objectives of this study are as follows:

To make a study of the debate regarding human rights aspect

of water.

To make a study of the concept of Water Governance from a

gender perspective and various components comprising it.

To make a study of the various international instruments on

the subject.

To make an analysis of position of women in Indian context

in terms of rural and urban situations.

To reflect upon the problem of sanitation faced by women.

Statement of Problem

The main concern in terms of water Governance is that women have

to face a lot of disparities. When it comes to taking

responsibilities in terms of fetching water or other related

domestic chores, women are the sole participants. But, when on


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the other hand, it comes to managing or decision making in

respect of the water resources and related issues, their position

is very weak. Despite there being constitutional provision for

equality, yet the situation in relation to gender dimensions of

Water Governance is very sad.

Scope & Limitation

The scope of this study extends to studying the basic concepts

related to human rights to water and concerned instruments.

Further, the study extends to deal with the international

instruments dealing with the position of women in relation to

water governance. And lastly, the position of women in Indian

context is considered in terms of their roles and problems both

in the Urban and Rural context. Few Indian case studies have also

been included on the subject. Also, the issue of sanitation in

the Indian context is also dealt with using certain statistics

provided by United Nations agencies.

Research Questions

The researcher has formulated the following questions for the

purposes of research:

Whether water is a human right or a human need?

What are the concepts behind Water Governance?

What is the International Framework to deal with gender

dimensions of Water governance?HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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What is the situation in India – both in Rural & Urban

context?

Hypothesis

The researcher hypothises that:

There exists a human right to water

The position of women in respect of Water Governance is very

weak.

Research Methodology

The researcher has adopted the doctrinaire and analytical

method for the purposes of research.

Sources of Data

The researcher has utilized both primary and secondary sources in

writing this paper. The primary sources include international

instruments and statutes. The secondary sources comprise of a

number of books, reports, articles, and internet sources.

Mode of Citation

A uniform system of citation has been adopted throughout the

paper.


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“Gender approach brings benefits for water, ecosystems and people.”1

1. HUMAN RIGHTS TO WATER

1.1 Debate – Water as a Human Need or Human Right?

Human rights and water resources are among the most

compelling issues to have captured the attention of the

world community in recent years. The difficulty of defining

a human right to water is compounded by the fact that water

is both a vital and a minimum need, and therefore

indispensable to human life. Denying people water is to deny

them the right to life. Despite that, the current thinking

is that water should not be viewed only as a social good and

a human need, but also as a commodity, the economic value of

which must be recognized so as to manage demand, and avoid

wasteful and environmentally damaging uses.2

The right to water is recognized as a part of the right to

life and therefore a basic or a fundamental right, but there

has been some debate on whether it should be regarded as a

‘human right’. In this context, it is necessary to consider

the debate between water being treated as a human right or

as a human need.

1CAP-NET The International Network for Capacity Building in Integrated WaterResources Management & The Gender and Water Alliance, Why Gender Matters, p.2(http://www.unwater.org/downloads) accessed last on 11.08.20142 Salman & Lankford, ‘The Human Right to Water’, World Bank, p.3HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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The debate on the right to water can be traced to the year

1977 when United Nations held the Mar del Plata Water

Conference in Argentina. In this Conference, Resolution II

on “Community Water Supply” declared for the first time that

“All peoples, whatever their stage of development and their social and

economic conditions, have the right to have access to drinking water in

quantities and of quality equal to their basic needs.”3 The Resolution went

on to restate the universal recognition that availability of

water and, to a significant extent, the disposal of waste

water, are essential both for life and the full development

of man, as an individual and as an integral part of

society.4

In January 1992 the International Conference on Water and

the Environment was held in Dublin, Ireland, and issued the

Dublin Statement on Water and Sustainable Development.5

Principle 4 of Dublin Statement proclaims that “water has an

economic value in all its competing uses and should be

recognized as an economic good.”6 Yet, the Statement

3See Report of the United Nations Water Conference, Resolution II (a), p.664 Salman & Lankford, ‘The Human Right to Water’, World Bank, p.85 For the Dublin Statement on Water and Sustainable Development, see Journalof Water SRT, Aqua, Vol. 41, No. 3, at 129. The Dublin Statement consists ofthree main parts: The Guiding Principles, The Action Agenda, and The EnablingEnvironment, in addition to the introduction and the final part titled Followup.6 The other three principles state: (i) fresh water is a finite and avulnerable resource, essential to sustain life, development and theenvironment, (ii) water development and management should be based on aHUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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clarified that within this principle “it is vital to

recognize first the basic right of all human beings to have

access to clean water and sanitation at an affordable price.”7

Thus, the right to water does not necessarily mean that

water should be provided free of charges.

The realization by the world community of the seriousness of

the problems facing water resources resulted in the

establishment in 1996 of the World Water Council (WWC) and

the Global Water Partnership (GWP). These two institutions

led the work that resulted in the holding of the First World

Water Forum in Marrakech, Morocco, in 1997,8 the Second

World Water Forum in The Hague, the Netherlands, in 2000,

and the third one in Kyoto, Japan in 2003.9

The vacillation between declaring water as a basic human

need or a human right was further highlighted by the General

assembly of the United Nations. In 1999, the General

Assembly issued a resolution on “The Right to

participatory approach, involving users, planners, and policy makers at alllevels, and (iii) women play a central part in the provision, management andsafeguarding of water.See id. p.1297 See id. p.1308 One of the outcomes of the Marrakech meeting was the establishment of theWorld Commission for Water in the 21st Century (WCW), which was entrusted withpreparing a global vision for water, and presenting it at the Second WorldWater Forum. The WCW prepared and presented its vision in a report entitled “AWater Secure World.”9Salman & Lankford, ‘The Human Right to Water’, World Bank, p.10HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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Development.”10 The Resolution affirmed the right to

development, as established in the Declaration on the Right

to Development, as universal and inalienable, and re-

emphasized that its promotion, protection and realization

are an integral part of the promotion and protection of all

human rights. The Resolution reaffirmed that, in the

realization of the right to development, inter alia, “the rights

to food and clean water are fundamental human rights and

their promotion constitutes a moral imperative both for

national Governments and for the international community.”

This statement, no doubt, is the strongest and most

ambiguous in declaring the human right to water, and linking

this right to the overall right to development.

1.2 Conceptualization of Right to Water

Water is an indispensable element for life. Social and

economic development is closely tied to water. In relation

to water resources the human rights perspective is invoked

in two ways:

10 See A/Rres/54/175 of December 17, 1999 (83rd Plenary Meeting). Thisresolution should be distinguished from the Declaration on the Right toDevelopment. One reason as to why the General assembly issued a resolutionbearing, more or less, the same title can be found in Recital 16 of thisResolution, which expressed the concern that “… The Declaration on the Rightto Development is insufficiently disseminated,” and noted that the Declaration“… should be taken into account, as appropriate, in bilateral and multilateralco-operation programmes, national development strategies and policies &activities of international organizations.”HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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i. The right to water being regarded as a human right, and

ii. The resistance to displacement (for large projects)

being formulated in the language of human rights.

In this context, 3 points need to be focused upon:

The notion of water as a human right can be invoked only

in relation to water as life – support, i.e.

‘drinking water’ (This needs to be defined so as to

include, within limits, water for domestic uses and for

livestock). In this context, the right to water is

definitely a basic right, but this possibly can not apply

to water for industrial use.11

It is an individual right by and large though the case of

collective human rights has also been argued.

As drinking water or water used for domestic purposes is

only a fraction of the collective water, the assertion of

the human right to water cannot be in relation to the

resource per se, but only in relation to the fulfillment of

certain need. Thus, the human right (if that is how we11 A notion of ‘Human Right to Development’ has indeed been mooted, but thiskind of an expansion of the idea of human rights will dilute it. Also, thenotion of ‘development’ itself is so subjective.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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wish to describe it) is not to water as a natural

resource but to the ability to put it to use in domestic

context.12

12 R. R. Iyer, ‘WATER Perspectives, Issues, Concerns’, Sage Publications,2003, p.89HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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“Governance is the exercise of economic, political and administrative authority to

manage a country’s affairs at all levels…it comprises the mechanisms, processes and

institutions through which citizens and groups articulate their interests, exercise their

legal rights, meet their obligations and mediate their differences”.13

2. WATER GOVERNANCE – COMPONENTS

Water Governance comprises all social, political, economic

and administrative systems that are in place to develop and

manage water resources and the delivery of water services at

different levels of society and participation of all

stakeholders. The following elements contribute towards

effective water governance:.

2.1 Creation of stake

The most basic aspect of water governance is the

creation of stake, especially when we consider it from

a gender perspective. For making women as equal

partners in water governance, the first step is to

recognize their rights because fundamentally, they do

have an equal stake. However, when we consider the

ground realities, women do not enjoy that equal status.

13United Nations Development Programme, 2001.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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So, to make them equal partners in water governance, a

stake has to be created, rather recognized to have been

created for them. And this recognition has to be in

relation to access, use, management, distribution and

decision making on all issues related to water

resources. Only then, the actual objective of gendered

water governance will be achieved.

Competition over scarce or poorly allocated resources

can lead to tension and insecurity. Therefore decision

– makers, communities, governments and regions must

strive to develop policies that allow for sharing among

all stakeholders. Many different interests are at stake

and equitable solutions must be found: between cities

and rural areas, rich and poor, arid lands and

wetlands, public and private, infrastructure and

natural environments; mainstream and marginal groups,

local stakeholders and centralized authorities.14

2.2 Participation of stakeholders

In a narrow sense, participation is seen as a means to

“improve decision – making, by ensuring that decisions

are based on shared knowledge, experiences and

scientific evidence, and that the decisions are

14VasudhaPangare et al., ‘Global Perspective on Integrated Water ResourcesManagement’, Academic Foundation, New Delhi, 2006, p.22.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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influenced by the views and experience of those

affected by them.”15

There are 3 levels of participation of stake holders in

water governance:

i. The exercise of keeping people basically informed

in order to achieve cost – effectiveness and

compliance to planned interventions.16

ii. Local people organize themselves in committees or

self help groups, where they could influence

project implementation and are part of a process

of consultation. Increasingly, participation of

the users is linked with sharing costs for the

service delivered and its recurrent expenses.17

iii. Active participation is the level at which

stakeholders actively influence and participate in

decision making and share responsibilities in

implementation.18

Within the water sector, this represents a strategic

shift from consultation to shared decision making and

15European Commission, 2003.16Cornwall, 2000 as in Nandita Singh, ‘Women’s Participation in Local WaterGovernance’.17Cornwall and Gaventa, 2001; van Wijk, 1998, World Water Development Report,2003 as in Nandita Singh, ‘Women’s Participation in Local Water Governance’.18 European Commission, 2003 as in Nandita Singh, ‘Women’s Participation inLocal Water Governance’.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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self – determination with respect to water management

plans at the local level.19

Many countries agree that good governance means

allowing every sector of society to participate in the

decision – making process and that the interests of all

stakeholders should be taken into account. However,

mechanisms for doing so are not always in place, even

if decentralization and the increasing involvement of

civil society are worldwide trends.20

2.3 Distribution of Water Resources

There has to be an equitable distribution of resources

for effective and proper governance. Not only is water

a basic necessity but also a human right and thus it

has to be ensured that they are provided with an equal

access to this resource for the purpose of basic

subsistence which includes the provision for domestic

use as well as for hygiene and health requirements.

The component of distribution of not limited to the

physical distribution of resources but also includes

the access to information related to water projects

which also provides an opportunity to participate in

19Rogers & Hall as in Nandita Singh, ‘Women’s Participation in Local WaterGovernance’.20VasudhaPangare et al., ‘Global Perspective on Integrated Water ResourcesManagement’, Academic Foundation, New Delhi, 2006, p.23.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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the governance process along with providing the details

in respect of such programmes inclusive of the economic

expenditure, targets sought to be achieved and the ones

actually achieved.

The distribution of water resources must be without any

discrimination. It should be done in as equitable

manner as possible to all the sections of society

including the most backward and marginalized ones. And

this distribution should be economically justified as

well.

2.4 Management of Water Resources

When we talk of water governance, the efficient

management of available resources is an inseparable

component. Historically, approaches to water management

considered each human activity and use separately.

Development, management, political and economic issues

related to water for irrigation, drinking, waste

management, industrial activity, navigation, or energy

production were dealt with separately. Until recently,

there was little understanding of the fundamental

linkages between these uses, or the impacts that

activities related to one use has on other uses.21


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In this context, the concept of Integrated Water

Resource Management (IWRM) assumes a lot of importance.

IWRM is defined as "a process which promotes the coordinated

development and management of water, land and related resources, in

order to maximize the resultant economic and social welfare in an

equitable manner without compromising the sustainability of vital

ecosystems".22IWRM recognizes that all these activities

are closely interlinked and interdependent.

IWRM expresses the idea that water resources should be

managed in a holistic way, coordinating and integrating

all aspects and functions of water extraction, water

control and water – related service delivery so as to

bring sustainable and equitable benefit to all those

who are dependent on the resource.23

The management of water resources also includes

managing risks. Water related hazards such as floods,

droughts etc. should be factored into an integrated

approach to water resource management and policy. One

way to minimize risk is to develop more capacity in the

monitoring and forecasting of extreme events. With this

information, appropriate early warning systems and

infrastructure can be installed, and new planning

22 As defined by Global Water Partnership.23VasudhaPangare et al., ‘Global Perspective on Integrated Water ResourcesManagement’, Academic Foundation, New Delhi, 2006, p.27.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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strategies devised. It is also necessary to ensure that

climate variability and change have their place in the

total picture.24

2.5 Basic Principles of Effective Water Governance

There can be no single model of effective water

governance as it may vary as per the situations and

circumstances of the particular area and region.

However, some basic principles which may be suggested

are:

i. Institutions should work in an open and

transparent manner.

ii. Information should be communicated using language

that is accessible and understandable to the

general public.

iii. Policy decisions should be transparent.

iv. Policies should deliver what is needed on the

basis of demand, clear objectives, and evaluation

of past experiences and future impact.

v. Institutional functioning and decision making

should be accountable to all stakeholders (this is

applicable to government, private and civil

society institutions).24VasudhaPangare et al., ‘Global Perspective on Integrated Water ResourcesManagement’, Academic Foundation, New Delhi, 2006, p.22.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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vi. Equity between and among various interest groups,

stakeholders and customer – voters needs to be

carefully monitored.

vii. Institutions must take responsibility for their

decisions and actions.

viii. Water Governance needs to take into account

future water users as well.25


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“In all the benefitting communities’ general and ingrained social values related to the

social division of work are found. Women take care of the home and children and men

provide for the basic needs. In this context, water and sanitation is assigned to the role

of women”.26

3. GENDER EQUATIONS – GROUND REALITIES& NEED FOR BALANCE

Women are most often responsible for domestic and community

water management in developing societies. They are supposed

to determine the sources of water to be collected, quantity

of water to be taken and the water’s hygienic quality. Table

127 substantiates this stand. Yet, role of women in regard

to water management are often dictated by their social

position, geographic location and increasingly by market

forces. Although water supply is increasing following

enhanced efforts for the Millennium Development Goals, there

still are many women who carry water, their whole life,

keeping out of school and out of economic development and

further empowerment.28

The Constitution of India provides for equality of women and

men before the law, and prohibits discrimination against any

citizen. Yet women’s exclusion from domains of decision

making permeates through every section of Indian society and26(Jambrina, 2013, p. 64).27 Annexure 1.28 UNDP Water Governance Facility at SIWI Issue Series, United NationsDevelopment ProgrammeHUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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remains on everyday reality in spite of the positive

response of the policy makers in terms of the Constitutional

provisions to ensure equal participation of women.29 The

view of water, as a physical resource and national good, to

be managed and planned by the State, often overlooks the

fact that women are the primary water managers and

educators, and play important roles in the national economy

as small – scale farmers and irrigators. The constitutional

provisions have failed to pay due attention to the social

embodiment of land or the relational aspects of gender. Nor

have they been able to introduce a gender perspective into

resource management policies such as the National Water

Policy.30

“To carry water is always a burden, not a self-chosen task and never a social privilege”31

4. NEED FOR INVOLVEMENT OF WOMEN

The active participation of women, who comprise

approximately half the world’s population, is critical for

ensuring sustainable human development through their actions

on environmental management. In the area of water

29 Biological differences between women and men are transformed into powerrelations and human agency, creating gender inequalities that are rooted inbeliefs, attitudes, feelings, values, behavior and activities thatdifferentiate women from men.30KuntalaLahiriDutt, ‘Water, Women and Rights’ in RamaswamyIyer (ed) Water andLaw in India, Sage, New Delhi, pp.275-304 at p.27531 Vanessa Ruegger, Through the Eyes of the Beholder, Feminist Review, p.103HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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management, the role of women has thus far been focused

primarily on them as providers and users of water at the

household and community levels. However, important and

appropriate these roles may be the contributions of women

are not limited to these activities. Equally important are

the significant roles women play, and could play, as

decision- makers, planners, managers and research scientists

in making sustainable water resources development and

management possible throughout the world.32

In order to fill this gap, the Third World Centre for Women

Management, the Committee on International Collaboration of

the International Water Resources Association (IWRA), Inter

– American Institute for Co-operation of Agriculture (IICA)

in Brazil, Swedish International Development Cooperation

Agency (SIDA), Global Water Partnership (GWP), and the

International Water Management Institute (IWMI), jointly

convened a Latin American Workshop on the Contribution of

Women to the Planning and Management of Water Resources in

Mexico City on 21 and 22 May 1998.

Some of the issues analyzed were the roles women have played

so far and the roles they should and could play in future in

the management, planning and use of water resources under

32Cecelia Tortajada, ‘Women and Water Management’, Oxford India Paperbacks,2000.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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different conditions, cultures, institutions and legal

systems.

Water resources management is not only a technical issue but

includes political and social issues. In order to improve

the overall water management process, the participation and

the contribution of all actors should be objectively

analyzed. Women are clearly half the main actors in the

field. Their presence has been fundamental historically in

the provision and management of water at household,

community, and agricultural production levels.

Women alone cannot play the role of managing water

resources; society as a whole must be concerned with this.

Similarly, to consider women as the only providers and users

of water is to stress the fact that women are solely

responsible for the domestic work. This is unlikely to

contribute to significant to long-term benefits for society.

Society has to be better equipped to deal efficiently with

water problems and has to be empowered to influence the

decision – making processes. Communication, training, formal

and non – formal education, transfer of information and

interdisciplinary teams were considered to be fundamental

issues which could contribute to the integrated water


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resources development, and also increase the participation

of women. The importance of NGOs has to be stressed here.

In rural areas, women carry heavy loads that poverty and

water – scarcity bring. Women have to carry out two

different sets of tasks: one imposed by their

responsibilities at home, the other by responsibilities as a

farmer. In addition, male emigration has created new roles

and responsibilities for women. Their role as decision –

makers in integrated land increases significantly when men

emigrate. It is because of the importance of their new role

that women are playing as administrators and producers of

irrigated lands that the managers and users of irrigation

districts need to redefine the role of women in order to

improve the efficiency of overall water resources

management. Women need the necessary technical training to

plan and manage the water supplies and facilities by

themselves.

4.1 Requisites of a Gender Based Approach to Water

Governance

The multiple practices and procedures embedded in the

various elements of water supply management and operations

may become more effective and efficient if gender is taken


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into account. Some of the necessary features of such a

practice are enumerated as follows:

i. Water resources assessment - Gender assessment tools

can help to identify:

→ Differences in the interests and motivating factors

of women and men;

→ Differences in women’s and men’s perceptions on

problems of water supply;

→ Differences in control of and access to vital

resources that enable/disable women and men to access

improved water supply systems.

ii. Planning

→ Allow a gender–balanced expression of ideas,

targeting women’s opinions about household water use,

accessible options, technology and administration.

→ Seek gender–balanced participation at all levels.

→ Consider the diverse impacts of water supply projects

and programmes on women’s and men’s lives.

→ Design and collect data on gender–sensitive

indicators.


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iii. Economic instruments

→ Consider gender differences in willingness to pay and

ability to pay. In particular, consider who pays for

domestic water.

→ Pay considerable attention to the gender implications

of any economic instrument designed to assure cost

recovery in water supply projects.

iv. Gender sensitive information management and exchange

→ Consider the cultural context and seek communication

channels that reach men and women with information that

enables them to participate in decision-making.33

5. INTERNATIONAL & REGIONAL FRAMEWORK – Modern Perspective on

Gender Mainstreaming in Water Governance

The importance of involving both women and men in the

management of water, sanitation and access-related questions

has been recognized at the global level, starting from the

1977 United Nations Water Conference at Mar del Plata, the

International Drinking Water and Sanitation Decade (1981-90)

and the International Conference on Water and the

33 CAP-NET The International Network for Capacity Building in Integrated WaterResources Management & The Gender and Water Alliance, Why Gender Matters, p.16(http://www.unwater.org/downloads) accessed last on 11.08.2014.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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Environment in Dublin (January 1992), which explicitly

recognizes the central role of women in the provision,

management and safeguarding of water. Reference is also made

to the involvement of women in water management in Agenda 21

(chapter 18) and the Johannesburg Plan of Implementation.

Moreover, the resolution establishing the International

Decade for Action, 'Water for Life' (2005-2015), calls for

women's participation and involvement in water-related

development efforts.34

International Covenant on Economis, Social and Cultural

Rights, 1966 - The International Covenant on Economic,

Social and Cultural Rights (ICESCR), ratified by 158

countries, recognizes the right of everyone to an adequate

standard of living. Virtually all States that have ratified

the ICESCR have acknowledged in political declarations that

the right to an adequate standard of living also includes

water and sanitation. Also, the 1994 Programme of Action of

the Cairo Conference on Population and Development,

unanimously endorsed by 177 States, and the 1996 Habitat

Agenda, unanimously endorsed by 171 States, recognize that

the right to an adequate standard of living includes water

and sanitation.

34Gender and Water (http://www.un.org/waterforlifedecade/gender.shtml)accessed last on 11.08.2014.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

http://www.un.org/esa/sustdev/documents/WSSD_POI_PD/English/WSSD_PlanImpl.pdf

http://www.un.org/esa/dsd/agenda21/res_agenda21_18.shtml

33

Further, the Committee on Economic, Social and Cultural

Rights (CESCR), which is a body of 18 independent

experts that monitors implementation of the International

Covenant on Economic, Social and Cultural Rights by its

States parties has given its General Comment 15 on the

issue.

The General Comment in its Paragraph 16 provides “Whereas

the right to water applies to everyone, States parties

should give special attention to those individuals and

groups who have traditionally faced difficulties in

exercising this right, including women, children, minority

groups, indigenous peoples, refugees, asylum seekers,

internally displaced persons, migrant workers, prisoners and

detainees. In particular, States parties should take steps

to ensure that:

(a) Women are not excluded from decision-making processes

concerning water resources and entitlements. The

disproportionate burden women bear in the collection of

water should be alleviated.

Also, the Committee notes the importance of ensuring

sustainable access to water resources for agriculture to


http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

http://www.ohchr.org/EN/HRBodies/CESCR/Pages/Membership.aspx

http://www.ohchr.org/EN/HRBodies/CESCR/Pages/Membership.aspx

34

realize the right to adequate food (see General Comment

No.12 (1999)).35

Attention should be given to ensuring that disadvantaged and

marginalized farmers, including women farmers, have

equitable access to water and water management systems,

including sustainable rain harvesting and irrigation

technology. Taking note of the duty in article 1, paragraph

2, of the Covenant, which provides that a people may not “be

deprived of its means of subsistence”, State parties should

ensure that there is adequate access to water for

subsistence farming and for securing the livelihoods of

indigenous peoples.36

United Nations Water Conference at Mar del Plata, 1977 - Its

goals were to assess the status of water resources; to

ensure that an adequate supply of quality water was

available to meet the planet’s socio-economic needs; to

increase water use efficiency; and to promote preparedness,

nationally and internationally, so as to avoid a water

35 This relates to both availability and to accessibility of the right toadequate food (see General Comment No. 12 (1999), paras. 12 and 13).36 See also the Statement of Understanding accompanying the United NationsConvention on the Law of Non Navigational Uses of Watercourses (A/51/869 of 11April 1997), which declared that, in determining vital human needs in theevent of conflicts over the use of watercourses “special attention is to bepaid to providing sufficient water to sustain human life, including bothdrinking water and water required for production of food in order to preventstarvation”..HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

35

crisis of global dimensions before the end of twentieth

century.

Convention on the Elimination of All Forms of Discrimination

Against Women, 1979- Article 14, paragraph 2, of the

Convention on the Elimination of All Forms of Discrimination

Against Women stipulates that States parties shall ensure to

women the right to “enjoy adequate living conditions,

particularly in relation to […] water supply”.

International Drinking Water and Sanitation Decade (1981 -

90)- The decade focused on safe water and sanitation for

everybody by 1990. Among the obstacles were the following:

whether developing countries will give water and sanitary

disposal high enough priority to get results; if an

effective organization can be created within countries to

carry out a water and waste programme; how manpower training

and financing can be accomplished; and whether or not

appropriate technology will be used.

This first water decade, brought water to over 1.2 billion

people and sanitation to almost 770 million. However, growth

and rapid urbanization, together with the low level of

public awareness about health, has drastically reduced many

countries' abilities to keep up with need; and today, there

are still almost 1.1 billion people who have inadequate


36

access to water and 2.4 billion without appropriate

sanitation.

International Conference on Water and the Environment in

Dublin, 1992 - The Dublin Statement on Water and Sustainable

Development recognizes the increasing scarcity of water as a

result of the different conflicting uses and overuses of

water. Its Principle 3 specifically recognizes the role of

women. It provides that “Women play a central part in the

provision, management and safeguarding of water”.

Principle 20, Rio Declaration, 1992 – It provides that

“women have a vital role in environmental management and

development. Their full participation is therefore essential

to achieve sustainable development.”

Agenda 21 – Chapter 18 of Agenda 21 deals with water

resources under which certain objectives are stated. Some of

these objectives emphasize on the role of women. They are:

18.9 (c) To design, implement and evaluate projects and

programmes that are both economically efficient and socially

appropriate within clearly defined strategies, based on an

approach of full public participation, including that of

women, youth, indigenous people, local communities, in water

management policy-making and decision-making;


37

18.12 (n) Development of public participatory techniques and

their implementation in decision-making, particularly the

enhancement of the role of women in water resources planning

and management;

18.19. The delegation of water resources management to the

lowest appropriate level necessitates educating and training

water management staff at all levels and ensuring that women

participate equally in the education and training

programmes. Particular emphasis has to be placed on the

introduction of public participatory techniques, including

enhancement of the role of women, youth, indigenous people

and local communities. Skills related to various water

management functions have to be developed by municipal

government and water authorities, as well as in the private

sector, local/national non-governmental organizations,

cooperatives, corporations and other water-user groups.

Education of the public regarding the importance of water

and its proper management is also needed.

18.33 (b) Establishing and strengthening education and

training programmes on water-related topics, within an

environmental and developmental context, for all categories

of staff involved in water resources assessment activities,


38

using advanced educational technology, where appropriate,

and involving both men and women;

18.34 (d) Strengthening of the managerial capabilities of

water-user groups, including women, youth, indigenous people

and local communities, to improve water-use efficiency at

the local level.

18.48 (b) Institutional reforms promoting an integrated

approach and including changes in procedures, attitudes and

behaviour, and the full participation of women at all levels

in sector institutions.

Global Water Partnership, 2002 – This initiative at the

international level indicated that water governance refers

to the range of political, social, economic and

administrative systems that are in place to develop and

manage water resources, and the delivery of water services,

at different levels of society.

Ministerial Declaration, International Conference on

Freshwater, 2002– It provides that water resources

management should be based on participatory approach. Both

women and men should be involved and have an equal voice in

managing the sustainable use of water resources and sharing

the benefits. The role of women in water – related areas

need to be strengthened and their participation broadened. HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

39

World Water Development Report, 2003 – This report

emphasizes that the equal participation of women and men is

perceived as a first basic attribute for achieving effective

water governance.

In order to deal with the situation, certain measures have

been taken at a regional level as well. An example to this

is the Latin American step. The Third World Centre for water

management, the Committee on International Collaboration of

the International Water Resources Association (IWRA), Inter

– American Institute for Co-operation of Agriculture (IICA)

in Brazil, Swedish International Development Cooperation

Agency (SIDA) have come together to work in this direction.

International Decade for Action, 'Water for Life' (2005-

2015) - The United Nations General Assembly, in December

2003, proclaimed the years 2005-2015 as the International

Decade for Action ‘Water for Life’. Its primary goal is to

promote efforts to fulfill international commitments made on

water and water–related issues in the United Nations Millennium

Development Goals (MDGs) by 2015.

Water Governance Facility - Another programme initiated by

UNDP is Water Governance Facility which provides strategic

water governance support to developing countries to advance

socially equitable, environmentally sustainable and


40

economically efficient management of water resources and

water and sanitation services to improve the livelihood of

poor people. WGF supports developing countries on a demand

basis to strengthen water governance reform implementation

through:

i. Policy support and technical advisory services;

ii. Developing and disseminating water governance

knowledge and strengthening capacities;

iii. Developing and applying water governance

assessments at national and global levels.

WGF works with water governance in multiple thematic areas

such as, integrated water resources management, trans-

boundary water, water supply and sanitation, climate change

adaptation, gender and water integrity. It works in several

countries in regions such as Central and South Asia, East

and Southern Africa and the Middle East.


41

6. INDIAN POSITION

6.1 Situation in Rural India

In rural India, the women population is not existent as a

homogenous group. Since women universally in rural areas

have had the obligation of ensuring water provision to the

household, the time saved in the collection of water frees

women, particularly, to give the necessary time to food

production, income generation, self-improvement and leisure.

All this can have an important effect on the health of

children and their nutrition. A class and gender perspective

ensures that the real relations nationally and within

community and household receive attention, and that there is

a focus both on health improvement and on the reduction on

the drudgery of water and fuel wood collection. This is anHUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

42

important aspect to the debate about the extent of water

delivery and about the appropriate level of service. Due to

this deprivation, rural communities are extremely vulnerable

to water – borne diseases and the prospects of moving out of

poverty conditions are under threat.37

The subject of rural water supply is vested with the local

government, known as the Panchayati Raj Institution (PRI)

that is functional at three levels, namely, district,

intermediate (development block) and village.38 The PRIs are

expected to play a major role in providing safe drinking

water and managing the systems and sources in their

respective areas through specific Panchayat committees that

handle decisions on selecting the location of new water

sources (generally hand pumps), and in operation and

maintenance of the sources (MoRD, 2002). Women’s

participation in the PRIs is ensured through reservation of

33% of the seats at all the three levels. One-third of such

women are required to belong from the socially and

economically disadvantaged sections, more particularly, the

scheduled castes (SC) and Scheduled Tribes (ST).39

37David Hemson, ‘Easing the burden on women? Water, cholera and poverty inSouth Africa’, p.14438Provided for under the 73rd amendment to the Constitution of India, 1993.39Nandita Singh, ‘Equitable Gender Participation in Local Water Governance: AnInsight into Institutional Paradoxes’, 2007.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

43

Swajaldhara– It is a community driven participation based

programme wherein Panchayati Raj Institutions have been

integrally involved. Reforms in the Rural Drinking Water

Sector were adopted in 1999 and also a few projects were

launched as pilots. They were intended to be implemented

during the Ninth Five Year Plan and, with the experience

gained thereon, the reform initiatives were to be firmed up

and scaled up during the Tenth Plan period for adopting the

demand responsive strategy and also for institutionalizing

community participation for the sustainability of drinking

water supply systems and sources in rural areas. On

25.12.2002, the reform initiative in the Rural Drinking

Water Sector was scaled up throughout the country by

launching the Swajaldhara by the Hon’ble Prime Minister.

Further consultations held, as part of a continuous exercise

to hasten the process of adoption of the sector reforms,

with the State Governments, Non-Government Organizations and

the External Support Agencies brought out the extreme need

for convergence, promotion of social mobilization and

capacity development of the community and their

institutions. The basic fundamental reform principles of

this programme are:

i. adoption of a demand-responsive, adaptable approach

along with community participation based on empowerment


44

of villagers to ensure their full participation in the

project through a decision making role in the choice of

the drinking water scheme, planning, design,

implementation, control of finances and management

arrangements,

ii. full ownership of drinking water assets with

appropriate levels of Panchayats,

iii. panchayats / communities to have the powers to plan,

implement, operate, maintain and manage all Water

Supply and Sanitation schemes,

iv. partial capital cost sharing either in cash or kind

including labour or both, 100% responsibility of

operation and maintenance (O&M) by the users ;

v. an integrated service delivery mechanism ;

vi. taking up of conservation measures through rain water

harvesting and ground water recharge systems for

sustained drinking water supply; and

vii. shifting the role of Government from direct service

delivery to that of planning, policy formulation,

monitoring and evaluation, and partial financial

support.40

40 Ministry of Drinking Water and Sanitation, ‘Swajaldhara Guidelines’,(www.mdws.gov.in/sites/upload_files/ddws/files/pdfs/Swajaldhara%20guidelines.pdf) last accessed on 12.08.2014. HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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Pani Samiti (Village Water & Sanitation Committee-VWSC) are

set up at the lowest level of implementation which comprises

of the members of Panchayat, with due representation of women,

SC/ST as well as poor sections of the community. This

committee is supposed to ensure community participation and

decision-making in all activities. It is meant to address

management inefficiencies through participatory planning and

inclusive decision-making. Mandatory 50 percent seats are

reserved for women in the Pani Samiti and among them Dalit

women too claim 15 percent reservation, corresponding to Dalit

men in the rest of the Samiti. Women’s and other marginalized

groups' participation is seen as integral part of this

process.

6.2 Situation in Urban India

Gender perspectives are critically important in urban areas

due to the challenges created by growth and poverty. The

informal urban economy is growing dramatically in developing

countries, with the biggest increases in population

concentrated in the poorest, most crowded places. Close to one

billion people around the world live in slums, often with no

title to their homes and assets. The majority of the world’s

three billion poor, including many women and children, live

their lives outside the law and the instruments of the law,


46

without the legal protection that recognizes their homes and

assets.41

Unlike water and sewerage services, which are the

institutional responsibility of the official utility,

sanitation for the urban poor often lacks an institutional

home. Where tenure is uncertain, local governments, landlords

and tenants have few incentives to invest in quality services

within informal settlements, including sanitation facilities,

resulting in households sharing a few on-site latrines or

relying on communally managed pay-and-use ablution blocks.

Although the latter provides a solution in many instances, the

size of families escalates the cost, forcing community members

to opt out of using the improved facility. 42

The situation can be better understood by the help of a report

which has been produced in context of the sanitation problems

of the urban poor. Dasra, a strategic philanthropy foundation

in collaboration with Omidyar Network and Forbes Marshall has

recently come up with this report called “Squatting Rights”.

The report says that Indian cities are not only increasing in

number, they are also expanding, and so are the slums within

them. Sanitation in urban slums is a complex and pressing41 UNDP, 200842Gender in Water and Sanitation, 2010(http://www.wsp.org/sites/wsp.org/files/publications/WSP-gender-water-sanitation.pdf) last accessed on 14.08.2014.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

47

issue. Existing unhygienic standards, crowded conditions and

poor sanitation contribute to frequent and rapid outbreaks of

disease. Lack of access to healthcare facilities compounds

health problems. This negatively impacts gender parity,

education and livelihoods, making slum populations even more

vulnerable.

On the point of sanitation and women the report suggests that

for women the daily struggle begins well before dawn. Without

water supplies and toilets within their homes, and unable to

openly defecate during the day due to lack of privacy and for

fear of harassment, they wait for nightfall and to find a

secluded spot to defecate, a practice which has serious side

effects.

Waiting so long to relieve themselves increases chances of

contracting urinary tract infections, chronic constipation,

and psychological stress, the report argues. That apart, it

creates irreparable complications during pregnancy and

postnatal recovery. Also, travelling long distances to access

public facilities makes them potentially vulnerable to

physical and sexual assault. A United Nations survey suggests

that it is not uncommon for girls and women in such conditions

to be harassed, physically assaulted and raped and that in

Delhi slums, up to 70 per cent of girls experience humiliation


48

every day in terms of verbal harassment and half of them have

been victims of grave physical assaults.

6.3 Sanitation

Poor sanitation has significant impacts on the safety, well-

being and educational prospects of women. Girls’ lack of

access to a clean, safe toilet, especially during

menstruation, perpetuates risk, shame and fear. This has long-

term impacts on women’s health, education, livelihoods and

safety but it also impacts the economy, as failing to provide

for the sanitation needs of women ultimately risks excluding

half of the potential workforce.43 The trend of global

sanitation coverage as in relation to the Millennium

Development Goal has been depicted in Table 2.

In his speech during the opening of Budapest Water Summit in

October 2013, the UN Secretary General, Ban Ki-Moon, stated

that sanitation is one of the three areas critical to

sustainable development where more cooperation is needed.

Pooling the resources and skills of governments, NGOs and

businesses will help to ensure that programmes can be scaled

up. 44

43 We can’t wait,(http://www.zaragoza.es/contenidos/medioambiente/onu/1325-engWe cant wait sanitation and hygiene for_women_and%20girls.pdf) last accessedon 13.08.2014.44 Ibid.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

49

Studies of water and sanitation interventions show that women

have a strong concern with privacy. In countries like India

where sanitation is not widely available to poor people, open

defecation by roadsides or on waste ground seems to provide

less of a problem for men than for women. Women report waiting

until after dark, with detrimental effects on their comfort

and well-being.45

Improved sanitation is critically linked to achieving the

health benefits of clean water supplies, as it helps to reduce

the risk of faeco–oral transmission of diseases. Well used

sanitation facilities along with health education and proper

water use are highly instrumental in establishing a good

health. The open defection trend in rural and urban areas on

the basis of population has been depicted in Table 3.

Main issues pertaining to Sanitation in India:

i. Lack of Sanitation

a. Worldwide, 2.4 billion people, concentrated in Asia

(80%) and Africa (13%), lack access to improved

sanitation. 63% are located in rural areas.

45 N. Mukherjee, “Achieving sustained sanitation for the poor: policy lessonsfrom participatory assessments in Cambodia, Indonesia and Viet Nam”, Jakarta,Indonesia, Water and Sanitation Programme for East Asia and the Pacific,2001 (http://www.wsp.org/pdfs/eap_achieving.pdf) accessed last on13.08.2014.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

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b. Mainly the poor: Lack of access to sanitation mainly

affects the poor, who use open defecation as their

primary alternative. In 1995 UNDP estimated that 70%

of poor people are women.

c. Health impacts: When women do not have access to

sanitation, they often restrict themselves by

reducing and controlling their diet, which leads to

nutritional and health impacts.

d. Cultural limitations for women: Women and girl’s

access to sanitation is limited as they have

restricted mobility in many cultures, which reduces

access to facilities or open defecation areas

distant from home. Women and children face higher

risks of sexual assault when they are looking for

privacy to defecate. This risk is also increased in

the absence of sex-separated facilities,

particularly in schools.

ii. Pollution of Water Resources and the Environment

a. Disposal of untreated waste causes pollution of

soil, surface water and groundwater.

b. In many countries only better-off people have

sewage, and treatment remains insufficient or

nonexistent. Large volumes of expensive treated

water are used to flush away human waste despite the


51

fact that others lack access to safe water to drink.

Water is not used efficiently, opportunities are

lost for nutrient recycling and the pollution burden

is shifted downstream.

c. People who lack sanitation services dispose of

faeces in a variety of ways. In most cases this

creates optimal conditions for spreading diseases

and contaminating water sources. Women and children

are most susceptible to water borne disease due to

their roles in water collection, clothes washing and

other domestic activities. Women are also

responsible for the care of sick family members. Of

the over 2 billion people worldwide who have water

or soil transmitted worm infections, 300 million

suffer serious illness.

d. Disposal of sanitary items has seldom been

considered as a sanitation issue. However, billions

of objects such as condoms, plastic bags, sanitary

towels and children’s nappies are disposed of in

sanitation systems annually. These items are a

frequent cause of clogging, contribute to solid

waste pollution of water resources, and are becoming

a significant problem in coastal areas.

iii. Technical Failures


52

Despite huge investments, a considerable proportion of

sanitation systems fall out of use soon after their

construction. In most cases this is due to ineffective

participation, and poor design, technical choice or

methods of implementation.


53

7. CASE STUDIES

“They came to our village with glittering offers;that our people would get ample job

opportunities in the plant; the overall development of our village would be taken care

of… On the contrary, six months went by, slowly we started facing the reverse effects.

Our precious water resource had been stolen… where would I get some fresh and pure

drinking water anymore? How many kilometers should we have to walk to fetch a drop

of water? Who will compensate the heavy loss incurred upon us by this giant cola

plant?”46

7.1 Plachimada Struggle of Kerala

Background :

In June 2010, the Hindustan Coca-Cola Ltd. (The Indian

Subsidiary ofCoca-Cola) had set up a factory in Plachimada,

a village in the State of Kerala in India. The Company is

estimated to have extracted 500 – 1.5 million litres of

groundwater per day. As a result of this massive extraction

in a short period of time of about 6 months, many private

and public wells in the village started drying up. Ground

water level dropped from 45 meters to 150 meters and about

260 dug wells were drained in less than three years.

46Mylamma, member of the Anti Coca-Cola People’s Struggle Committee,Plachimada, Kerala. This quote iscited in an anti-Coke campaign pamphletentitled ‘Coca Cola Quit Plachimada, Quit India’.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

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Initially, the affected people responded to this by seeking

political solutions by way of agitations and mobilization

and gradually coupled this with legal action. However,

according to a law enacted in 1882, the right over

groundwater was associated with ownership over a piece of

land. This law thus allowed the company to extract

groundwater without any restrictions on the location or

without the need to show respect for the water rights of

others who were dependent on the same resource.

Mayilamma, a 50-year-old tribal widow, had been at the

forefront of the people's agitation against the

multinational Coca-Cola. As a consequence, activists and

campaigners converged on Plachimada in support of the

ongoing struggle to shut down the Coca-Cola plant which has

been dangerously overdrawing ground water. And when

activists from all over the country came to Plachimada on

January 15, 2005 to pledge support to the cause of the

people of this little hamlet, Mayilamma and her band of

tribal women were the main focus of attention.

"We launched this agitation because we had no other way" said Mayilamma,

a peasant woman whose husband had died several years ago.

Also, a tribal leader C K Janu, fighting for the restoration

of adivasi lands, came forward to support the cause.


55

However, only a few activists from the People's Union for

Civil Liberties, Kerala unit, and the militant outfit

Ayyankalippada were there to support her.

Roadblocks:

The struggle was carried out by Mayilamma and Janu in the

face of threats and even physical abuse. Police even pounced

on several adivasi agitators sitting in a satyagraha in

front of the plant. Seven women were severely injured, many

were arrested. Slowly the agitation began to catch the

attention of people all over the country with activists like

Medha Patkar arriving in Plachimada to express their

support.

The National Alliance for People's Movement, led by Medha

Patkar, launched the Ayodhya march from Plachimada on

January 26, 2003, bringing the agitation onto the national

arena. As it gained momentum, the Perumattypanchayat,

controlled by the Left Democratic Front and led by its

president A Krishnan, a dalit, decided to cancel the

operating licence issued to the Hindustan Coca-Cola Company.

Later, however, the state government restored the licence

and stayed the panchayat order.


56

A turning point in the agitation came when, based on certain

chemical tests done at laboratories in London, the BBC

reported that effluents from the plant -- the chief cause of

water pollution in the area -- contained high levels of

cadmium and lead. This point was later corroborated by the

Joint Parliamentary Committee on Pesticide Residues and

Safety Standards for Soft Drinks, Fruit Juices and Other

Beverages, chaired by Sharad Pawar, in its report, in

January 2004. The report stated that the Central Pollution

Control Board (CPCB), in a note submitted to the JPC, had

stated that sludge from the effluent treatment plant at

Hindustan Coca Cola Ltd, Palakkad, was hazardous as its

cadmium content was found to be more than 50mg/kg. As a

result of this finding, the CPCB directed the Kerala State

Pollution Control Board to ensure that sludge from the plant

was treated and disposed of, according to the Hazardous

Waste (Management and Handling) Rules, 1989, where heavy

metal concentration exceeds limits.

In a related development, the Kerala High Court halted the

drawing of sub-surface water for commercial purposes. High

Court held that:

"It can be safely concluded that the underground water belongs to the

public. The state and its instrumentalities should act as trustees of this


57

great wealth. The state has got a duty to protect groundwater against

excessive exploitation and inaction of the state in this regard will be

tantamount to infringement of the right to life of the people guaranteed

in the Article 21 of the Constitution."

The JPC, which examined the issue of excessive water

exploitation and pollution of natural resources in

Plachimada, said in its report that the commercial use of

groundwater resources must be adequately restricted.

Although the ministry of water resources, in a memorandum to

the JPC, took the line that the use of groundwater could not

be charged as the land and its resources belong to the owner

who is free to use his assets in any manner he liked, the

JPC rejected this plea on the basis of a high court ruling

that water was free only for domestic and agricultural use,

not for commercial purposes. It also stated that as water

was a state subject, central legislation could not be

enacted unless the concerned state legislature passed a

resolution asking the central government to take the

necessary steps in this direction.

Changed Perceptions:

Taking note of the fact that the plant's operations in

Plachimada had caused severe damage to agriculture, the JPC

noted that the company must take the strong sentiments of


58

the local people into account. It also called on the state

government to intervene and take appropriate action.

Following the firm stand taken by both the high court and

the JPC, the Kerala government decided, on February 17, 2004

, to stop the plant from drawing water for commercial

purposes. In the summer of 2004, the entire district was

declared drought-affected and the two offending plants had

to stop operations from March. They still remain in the

area, however, causing immense anxiety to the local people

who are determined to continue their agitation till the very

end.

"We will not rest till the plants are closed down permanently as we are sure the

groundwater will neither be recharged nor will the local people be compensated

for the loss of livelihood," said Vilayodi Venugopal, head of the

action committee overseeing the agitation. Mayilamma and the

other women in the Panchayat shared the view that the only

way to resolve the agitation is through the plants' closure.

On the 1,000th day of the agitation, activists Vandana Shiva

and Medha Patkar, French environmentalist Agnes Bertrant,

Canadian activist Tony Clerk, anti-Cola campaigner from

Mehdi Ganj, Madhya Pradesh, Aflathoon, and others arrived in

Plachimada, where a resolution was adopted to continue the

agitation till the plant was closed down. A national-level


59

joint campaign committee was also launched to coordinate

similar agitations now on in Rajasthan, Madhya Pradesh,

Kerala and a number of other states where local people are

involved in protests against the excessive exploitation of

their water resources by multinationals.47

Thus, we see that the entire movement was initiated, led and

successfully concluded by the initiatives of women. No other

proof is required to prove their efficiency in dealing with

matters related to water governance.

7.2 Sanitation Movement by Women of Chattisgarh

Background:

Women in the villages of Chhattisgarh, India have bonded

together to bring some decent sanitation facilities in their

homes—something which has been missing in their lives for a

very long time. With some funding from Asian Development

Bank’s Pilot and Demonstration Activity (PDA) facility,

women in the villages of Harratikra, Koreya, and Kandarai

have:

47 N. P. Chekutty, ‘Plachimadavs Coca-Cola: 1,000 days on’,(http://infochangeindia.org/water-resources/features/plachimada-vs-coca-cola-1000-days-on.html) last accessed on 14.08.2014.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

60

Established and strengthened 12 Self-Help Groups (SHGs)

through which women have been able to access

microfinance loans to construct their very own toilets.

Underwent training in conducting awareness-raising

programs in the communities, including female youth

volunteers.

Have been elected in Village Sanitation Committees

tasked to prepare comprehensive plans for sanitation

improvement and management in their respective areas.

Furthermore, because of women’s active participation, the

Village Sanitation Committees have been duly recognized by

the national government and were authorized to work as the

statutory committees under the government’s Total Sanitation

Campaign. This enabled the committees to access government

financial and technical resources, and implement / monitor

the government supported development activities in the

villages. The Total Sanitation Campaign, launched by the

federal ministry of rural development, allows toilets to be

built inside homes at heavily subsidized costs.

Roadblocks :

Chhattisgarh is a fairly new state in central India, having

separated from Madhya Pradesh in 2000. It is a poorly

developed area, with an estimated 43% of the population


61

living below the poverty line. Rural Chhattisgarh lacks

access to electricity, clean water, and sanitation.

In many villages, open defecation was the norm. Women and

girls had to walk a long distance from home in search of a

bush or a clump of trees to do their daily toilet habits.

When a national rural roads program (PradhanMantri Gram

SadakYogana or PMGSY) was implemented, many of the fields

that served as the village’s toilets have been paved, and

going to the toilet had become doubly difficult.

The new roads created more public spaces and decreased the

more secluded areas that women often use for their

sanitation needs. The lack of privacy forces women to wait

until dark or before dawn, which also makes them more

vulnerable. But the women of Chhattisgarh simply did not

accept this as their fate.


The PDA, completed in 2007, was initiated by local NGO

Association for Stimulating Know-how (ASK), which saw the

impacts of rural roads development on sanitation conditions

of affected communities. With about US$50,000 from the PDA

Facility, ASK aimed to ensure the village’s access to


62

environmental sanitation conditions, particularly for women

and general community health.

The pilot project was also expected to involve women as key

participants in the analysis, intervention, monitoring, and

sustainability efforts. This way the project was to ensure

that it benefited from the insights and efforts of women who

are almost 50% of the total population. This was also meant

to ensure that the specific needs and concerns of the women

were addressed effectively and they will have played active

role in managing the local environmental sanitary

conditions.

Besides the construction of household latrines, the pilot

project’s other achievements included:

Maintenance of water source and supply by the community

with the help of the local Public Health Department

Establishment of a profitable and sustainable Sanitary

Mart

Strengthening the capacity of Village Sanitation

Committees to oversee disposal system for solid waste,

wastewater management and disposal, drains maintenance,

and disinfection of stagnant water


63

The PDA was an overwhelming success on a sensitive issue

that had to be addressed. Dr. Aqueel Khan, Director of the

ASK, which acted as the PDA implementing agency shared the

PDA results:

“The PDA expectations were met, and the results far exceeded the plans.

Women in existing self-help groups learned to take action through loans,

rather than grants, for constructing latrines. They volunteered in

awareness-raising activities and as members of village sanitation

committees. The gender equity they brought to those committees earned

such high credibility that the government recognized them as legal

entities for planning, implementing, and monitoring the government’s

'Total Sanitation Campaign'. The committees mobilized resources from

households and state and central governments to finance community-

wide sanitation programs. And now, these self-help groups and village

sanitation committees see themselves as a model and travel to other

communities and local governments to advocate their replication".

7.3 Tarun Bharat Sangh – Local Water initiative by Women of

Rajasthan

Background:

Tarun Bharat Sangh (TBS), a nonprofit organization has

helped in reviving local water initiatives by including


64

women as partners of change in the arid province of

Rajasthan which has led to the implementation of local,

community-driven and controlled water solutions.

Across India, due to excessive drawing down and “mining” of

groundwater, supplies of this resource are severely depleted

in Delhi, Punjab, Haryana, Rajasthan, Bihar, Madhya Pradesh,

Gujarat, Daman, Diu, Andhra and Tamil Nadu. Rajasthan in

particular, which has an estimated 5.4 per cent of the

national population, 18.7 per cent of all livestock in the

country and 13.9 per cent of the total “cultivable area,”

hosts only 1.16 per cent of the national share of surface

water, and 1.7 per cent of groundwater resources. With

leadership provided by women who customarily take

responsibility for providing their families with safe

freshwater, Tarun Bharat Sangh (TBS), a non government

organization that brings people together on the issues of

management of forests and water resources, has participated

in the construction of johads, earthen small-scale

reservoirs that help to harvest rainwater and improve the

recharge of groundwater resources.

Roadblocks:


65

Some have criticized the methods and framework of TBS’s work

in Rajasthan, citing a lack of attention to existing

inequalities, and local elites’ disproportionate impact

within the village councils, or “Gram Sabhas,” which form

the basis of local governance under the Panchayat system,

introduced forcefully into India in 1993. The Gram Sabhas’

purpose as a unit of local village governance was to afford

more democratic control over decision making, towards

fostering greater equity at the local level. 48


As a result of concerted work, thousands of johads have been

built since TBS has become increasingly active, having

started the work in Alwar in 1985. The impact has been

tremendous. Five rivers that used to run dry after the

annual monsoon season are now alive with flows once again,

groundwater levels have risen by an estimated six metres,

and crucial forest cover, which helps to maintain integrity

and water-retaining capacity of the soil, has increased by

33 per cent.

In addition, TBS has helped to challenge major efforts to

privatize and abuse freshwater resources. For instance, in

the Alwar area where TBS began the work, non-violent48Tarun Bharat Sangh and Common Water in Rajasthan(http://ourwatercommons.org/water-solutions/case-17-tarun-bharat-sangh-and-common-water-rajasthan) last accessed on 14.08.2014.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

66

community action had prevented 40 water-intensive industrial

companies (including bottled water and soft drink makers)

from setting up factories. One of TBS’s current campaigns

focuses on the protection of the Yamuna River through

challenging existing development plans and promoting forest

conservation and expansion in the river’s floodplain.

8. AN ANALYSIS OF THE SITUATION

After a thorough research about water governance from a gender

perspective, it can be said that as far as the laws are

concerned, there is no dearth of it in the international

perspective. In fact, there are plenty of soft laws as well to

reflect upon the subject. However, when we consider the ground

realities, especially in the Indian context, it is there when

we realize where the problem actually lies.

The first critic would be that despite there being various

provisions in relation to water use and regulation at the

state and domestic level (water, being a state subject49),

there is no specific regulation in relation to the status of

women as far as their role in water governance is concerned.

Secondly, the thinking of the society marred by patriarchal

notions of gender defined roles is more or less the same. We

49Entry 17, State List, Constitution of India.HUMAN RIGHTS & GENDER DIMENSIONS OF WATER GOVERNANCE IN

INDIA

67

may be progressing otherwise, but when it comes to the

position of women in our society, we are perhaps still on

square one. Fetching water is still a woman’s job. No doubt,

there have been certain instances where the gender stewardship

has come to the fore front in relation to water governance but

perhaps a lot needs to be done more because such instances are

exemplary exceptions and not the general rule.

Thirdly, going more specific in respect of the decision making

process, we find that women by and large do not have any say

in policy matters. So, here what we see is a sad dichotomy for

women in India wherein the responsibilities come their way

hands down but when a decision has to be taken in respect of

that very resource and its governance, then they are supposed

to take a back seat.

Fourthly, in terms of sanitation issues as well, the problem

is twin faceted. One, the policies are not adequate enough to

deal with the problems both at the rural and urban level. Two,

the existing policies are not properly implemented. There are

a lot of bureaucratic hurdles between the policy being

formulated and actually being implemented. Also, factors like

corruption and lack of accountability too peep in.

Fifthly, institutions which are to deal with the process and

procedure related to water governance lack that force and


68

impact when it comes to the involvement of women. They as it

is, generally lack efficiency and when it comes specifically

to women, the situation is even worse.

Sixthly, certain existing policies and laws lack that approach

towards addressing the needs of the future generation that

should be incorporated to sustainably using and managing the

precious natural resource.

Thus, we see that despite all the efforts taken on part of the

state and other agencies, some where the problem still

persists, more so in relation to the status of women when it

comes down to different aspects of water governance.


69

9. SUGGESTIONS

In order to achieve the goal of efficient water governance in

India it is necessary that women are made equal partners in

the process. We have to come out of the notions of our

patriarchy and chauvinist mindset and accord the position that

should be accorded to women in every manner possible and the

efficacy would be reflected in water governance as well.

When women, who have the major responsibility of putting water

to use for all domestic chores, are made partners in the

management and decision making pertaining to that very

resource, perhaps the measures taken in the direction of Water

Governance in India would be more useful and benign. No one

would be in a better position than women to understand the

problems from the grass root level and that is why no one

apart from them would give effective solutions to deal with

those problems.


70

There is certainly an urgent need to arrive at a common

understanding both at the national level and regional levels

on the basic perspectives and principles that should involve

women explicitly for water governance, and enshrine these into

the legal and policy framework.

One of the major concerns regarding water issues is the

problem of sanitation, both at the rural and urban level.

However, the situations may be different but the actual pain

of scarcity of clean water remains the same in both these

contexts. So, at the rural level women should be provided with

proper facilities within the household. They need to be made

aware of the health and other ecological concerns related with

the traditional mannerisms associated with sanitation. In this

reference, Government should implement its rural sanitation

programmes in a more impactful manner and revamp them as and

when necessary depending upon the need of the hour. In the

urban context too, adequate infrastructure has to be provided

especially to the population dwelling in the slums. Clean

water in adequate amount has to be provided to them so that

the health of people and especially women does not get

hampered.

Further, more community based gender initiatives must be

encouraged wherein women of the society come together to deal


71

with the problems they face frequently. As in the case

studies, it is evident that women can do wonders in this field

and that too when they were opposed at every stage by our

society. So, when we will actually encourage them in this

direction, they will definitely do wonders and will be able to

contribute greatly towards Water Governance.

Thus, there has to be an ongoing capacity enhancement of women

and that can be carried out in the following ways:

Women need to be educated. Only will they be able to

participate equally in any social concern, water

governance being only one of such concerns.

Adequate training for skill development has to be

provided at all levels to women both in urban and in

rural India for proper utilization.

Education and training alone will not help; there is a

need to create awareness as well regarding the rights and

the stake that women have in relation to water. They need

to be told that they have to break free of the societal

shackles which define and delimit their roles. Only when

they are made aware, there will be actual gender justice

in this context and eventually efficient system of

gendered water governance.


72

Inclusion of women as equal participants in the process

of Water Governance is very important and has to be

encouraged at all costs. However, we need to move forward

from this approach as mere participation is not enough.

Something beyond is also required. There has to be

institutionalization of this participatory approach as

participation would by and large mean capacity building

and creation of mechanisms. But we need to take a step

further from this consultative process towards actual

delegation of responsibility for achieving the desired

goals.

On a technical front, new mechanisms need to be developed

which could help towards efficient water governance.

However, the designs of these initiatives should keep in

mind the position of women and should involve them as

partners if not as sole operators.

The government agencies and other organizations have to

be sensitized so that there is proper cooperation and

coordination between them and all stakeholders, women in

particular.

10. CONCLUSION


73

Water, as we know it is a life supporting resource. And that

is the reason why it should be made accessible to all without

any scope of discrimination. Having said this, it is important

to mention here that access is not restricted here only to

use. It includes within its ambit, equal right to manage and

to govern because water management and governance activities

gain efficiency and impact when both women and men are

involved in decision-making.

Also, equitable access to and management of water is

fundamental in promoting poverty eradication and sustainable

development. This applies to women’s and men’s equitable

access to and management of safe and adequate water, for

domestic supply, sanitation, food security and environmental

sustainability.

But when we see that our patriarchy ridden society refuses to

provide women with that right, it is something shameful and

needs to be changed. Also, when it comes to responsibilities,

women alone cannot be made the burden bearers. So, in order to

mitigate these issues, it is necessary that our thinking

changes and that we have a gender sensitive society.

This gender-sensitive approach to water governance is also

desirable for achieving efficiency, social equity and gender-

equality goals. Gender relations are constructed by a range of


74

institutions such as the family, legal systems, or the market.

Usually women are disadvantaged. An integrated approach to

water resources management can help reduce disparities in

equitable access to and control over resources, benefits,

costs, and decision-making between men and women.

So, in a way it is a two way process wherein the change in

approach towards women at large will enhance their position as

far as water governance is concerned and simultaneously if we

provide equal opportunity to women in matters of water

governance, that in turn will contribute towards the

enhancement of their social status.


75

TESTING OF HYPOTHESIS

Based on the above research, the research has proved that her

initial hypothesis regarding the issue of human rights stands

proved, i.e. there exists human rights to water as has been

categorically stated by various international instruments.

Secondly, the researcher’s second hypothesis also stands proved

wherein it has been shown that indeed the position of women, when

it comes to their role in Water Governance, is very weak at

present. Measures need to be taken for the enhancement of their

status in relation to Water Governance.


76

TABLE 1.Distribution of households per person responsible for

water collection, by regions and rural/ urban areas.


77

Source: (The) World's Women 2010.

TABLE 2. Trends in Global Sanitation Coverage


78

Source: WHO UNICEF, Joint Monitoring Programme


79

TABLE 3: Global sanitation coverage and open defecation trends in

urban and rural areas

by population, 1990–2011.


80

Source: UNICEF, Progress on Sanitation and Drinking Water (2013

Update)


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