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3.1 National Level
National level schemes, policies and legislations are promulgated by the Central government
and apply to the entire nation, or regions specified in the respective document. They may or
may not have their state-level equivalents, (e.g. state-level water policies to complement the
national water policy). A large number of policies, schemes, and legislations exist, which are
either specific to urban/rural development, provision of infrastructure and/or conservation of
environment, or have these as constituents of the larger document.
The Constitution of India guarantees every citizen a fundamental right to life (Art. 21); this
has been construed to include the basic human right to access water. Article 39(b) of the
Constitution stipulates that the State shall ensure an equitable distribution of the material
resources among all members of the community. Article 51-A, on fundamental duties of the
citizens, dictates that it is the duty of all each citizen “to protect and improve the natural
environment including forests, lakes, rivers, wildlife…”. The Constitution, therefore, states that
each citizen of the country is responsible to protect the environment, while also ensuring that
all citizens get equal access to the available resources, including access to water; the
government, it states, must ensure the same.
The legislations aimed at conservation of environment include the Water (Prevention and
Control of Pollution) Act, 1974; Environment (Protection) Act, 1986; Environment (Protection)
Rules, 1986; Wetlands (Conservation and Management) Rules, 2017; Biological Diversity Act,
2002. The Water Act, 1974, and the Water Cess Act, 1977, are some of the legislations
regarding provision of infrastructure in developed areas. The National Water Policy covers
aspects relating to the administration, planning and development of water resources and their
optimum utilization. It was first formulated in 1987, then revised in 2002 and again in 2012.
The Environment (Protection) Act, 1986, takes cognizance of the need to protect and
improve the environment including the proceedings of the UN Conference on the Human
Environment (1972). It empowers the Government of India to take necessary measures for this
purpose, including coordination with the State Governments, developing and implementing
nation-wide programmes, and formulating standards to maintain the quality of environment.
The various measures include regulating development through land use and development
controls, devising service level benchmarks for emissions, and spreading awareness among
citizens through dissemination of information. The Environment (Protection) Rules, 1986,
consists of the numerous standards, regulations and criteria, and the various procedures for
their implementation, in lieu of the Environment (Protection) Act.
The Biological Diversity Act, 2002, is aimed at the “conservation of biological diversity,
sustainable use of its components and fair and equitable sharing of the benefits arising out of
the use of biological resources, knowledge and for matters connected therewith or incidental
thereto” (Government of India, 2003). The Act calls for the establishment of a National
Biodiversity Authority at the national level and State Biodiversity Boards at the state level. It
puts restrictions on persons permitted to perform activities relating to biological diversity without
the permission of the said Authority. Further, it states, a biological management committee
must be set up within the jurisdiction of every local body “to promote conservation, sustainable
use and documentation of biodiversity”. This shall include “preservation of habitats,
conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of
animals and microorganisms and chronicling of knowledge relating to biological diversity”
(Government of India, 2003). The legislation also states that a local biodiversity fund shall be
created in areas notified by the state government, where any self-governance institution exists;
this fund would be funded through grants or loans appropriated by the state government.
The Water (Prevention and Control of Pollution) Act, 1974, was adopted to protect the water
resources of the nation. It authorises the Government to create pollution control boards at the
state and central level to implement the provisions of this legislation. Further, the Act lays down
the powers of these boards, which include investigating and conducting research on issues