Ancient civilizations grew on the banks of major rivers, be it the Indus Valley, Egyptian or Mesopotamian civilizations. Water has been the one basic need of mankind not only for sustenance but also for growth & development. Why man alone, even animals need water for sustenance and growth. The situation today in many parts of India is that men & women have to fight like animals …. all for a pot of water.
Take the case of Chennai, one of the 4 largest metropolises in India which is fast turning into a ghost city. Reason– no water at all. All reservoirs are at almost-zero levels and with the weather-gods playing truant, the problem as of now seems a mammoth one. Indiscriminate construction on natural lake-beds and other water-bodies, scant regard to water conservation or rain-water harvesting and above all the ‘water-mafia’ which thrives on the politician-bureaucrat-tanker lorry owners have ensured that no lasting solution is found to the water problem in Chennai.While this has been a problem year after year, this time round it has reached alarming proportions with restaurants shutting down, schools limiting working hours & certain offices asking people to work from their homes. Even the water supplied through tankers has a long waiting list and one has to order and pray that till the tanker reaches his throat does not go dry. If the situation persist for some more time, there could be a major law & order problem with people trying to stop moving tankers, stealing water ( yes, imagine stealing water) leading to riotous situations.
Undoubtedly the State government has failed. Rain-gods are not under the government and one can blame previous governments for the illegal and indiscriminate construction BUT where the current government has failed is in not fore-seeing this water scarcity. The government should have laid emphasis on rain-harvesting & water conservation. Apart from that a Plan B should also have been kept ready, like involving the Central government/neighboring states to figure out a short-term solution. The ruling party was too busy in politics to really govern and the opposition too is not far behind. Their leader is holidaying in Singapore and has announced a dharna on June 22nd. Trying to score brownie points does not help the common man get water. The media is going the whole hog today in showing how ministers get water and the common man does not. Forget TRP, WHERE WERE YOU GUYS WHEN WATER-LEVELS WERE FAST RECEDING IN THE RESERVOIRS WITH NO SIGNS OF RAIN? Did you question the state government or forewarn viewers? No, because it may not have made sensational viewing ……… and the media thrives on sensationalism.
What is the legal position? Water is a fundamental right of every Indian citizen. Article 21 of the Constitution of India which grants us the Right to Life. Several Courts while interpreting Article 21 have stated that the Right to Life does not mean merely breathing and leading an animal existence. It encompasses the right to live with human dignity, right to livelihood,right to good health, pollution-free air,etc. Specific mention must be made of the Supreme Court judgment in A.P. Pollution Control Board vs Prof. M.V. Nayudu, where it was clearly held that the right to access drinking water is fundamental to life and under Article 21, the State has a duty to provide clean drinking water to its citizens.
The term ” State” used here means the Government , whether State government or the Central government. The State government of Tamilnadu has failed miserably in foreseeing, avoiding or overcoming the grave water crisis.Time for the Central government to step in.Can President’s rule be imposed followed by a no-holds barred methodology to bring water to Chennai for the short-term? Quick ferrying of water fro neighboring states could be a solution but political intent must be shown. Article 356 has always been viewed with suspicion especially in Tamilnadu where it always perceived as being used for political vendetta. Typically, President’s Rule is imposed only when there is a constitutional stalemate or if there a grave law-and-order situation in the state. However, Article 356 does not limit itself to the cited situations. It states that President ‘s Rule can be imposed if it is satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution. Here is a case, where Article 21 has been trampled upon, very badly and repeatedly, President’s Rule followed by swift corrective action by the Centre seems a plausible solution. Will the Centre bite the bullet, knowing that the State government is an ally?
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