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Giving rivers legal rights can go a long way in ensuring their protection

Protect floodplains, check creeping encroachments

Venkatesh Dutta

Published: Jun. 28, 2024
Updated: Jun. 28, 2024

IT is important to improve and maintain the ecological integrity of rivers for future generations. This entails a comprehensive approach that includes stricter enforcement of existing environmental laws, clear demarcation of river boundaries, and robust monitoring systems to detect and prevent encroachments. By adopting a holistic and integrated approach, the new government can ensure the protection and rejuvenation of India’s vital river systems. Here are my five wishes:

 

Recognize rivers as legal persons or living entities with their rights

Bestowing rights on rivers would go a long way in ensuring their protection. The concept isn’t fully understood here as yet. Instead, rules and guidelines for protecting rivers from human activities are primarily derived from a variety of state and Central laws. But recognizing rivers as legal persons or living entities is a notable development in many countries, including New Zealand, Australia, Bangladesh, and Colombia.

Granting rivers legal personhood or living entity status implies that they possess rights similar to those of human beings. A clearer understanding of river rights allows for legal action on behalf of these ecosystems when they are threatened or harmed by human activities.

 

Floodplains are vital and should be protected with zoning regulations

Often, there is no clear demarcation of river boundaries, making it easy for individuals and entities to encroach on these lands without immediate repercussions. 

In 2016, the Centre issued directives to prevent encroachment on the floodplains of the Ganga and its tributaries. According to the notification of the Gazette of India, Ministry of Water Resources, River Development and Ganga Rejuvenation dated October 7, 2016, Section 6(3): “No person shall construct any permanent or temporary structure for residential or commercial or industrial or any other purpose on the banks of the river Ganga or its tributaries or in its active floodplains.”

Additionally, in 2008, the National Disaster Management Authority (NDMA) provided guidelines for states on flood zoning as a crucial ‘non-structural measure’ to mitigate floods. According to these guidelines, areas likely to be affected by floods should be designated as green spaces, such as parks and gardens, with a prohibition on concrete structures. The guidelines also address other zones within the floodplain, such as areas prone to flooding with a 25-year frequency, recommending that states develop plans accordingly.

However, many states have not delineated the floodplains of their rivers, allowing builders and urban local bodies to occupy these critical areas.

 

Use buffer zones to prevent river land from becoming real estate

There is massive encroachment on the land of rivers. Smaller rivers have been badly impacted by intrusion in their channel by farms, settlements and illegal structures. As cities grow, there is a demand for more land for housing, infrastructure, and commercial development. Riverbanks often provide prime real estate due to their scenic and strategic locations. There is often a lack of stringent enforcement of laws protecting river lands, compounded by corruption and administrative inefficiencies. Therefore, strict measures are required to ensure that new developments do not encroach on river land and that adequate buffer zones are maintained. For this, a programme is urgently required to accurately survey and clearly demarcate river boundaries to prevent further encroachment. The revenue department should carry out regular monitoring and surveillance of river lands using satellite imagery, drones, and ground inspections to detect and address encroachments promptly.

 

Have drainage master plans for all towns and cities to stop sewage entering rivers 

Rivers generally traverse alluvial areas, meandering through expansive landscapes. Cities have often developed along their banks and continue to expand. The urbanization is accompanied by rapid industrialization, both of which impact the natural flow of rivers and their feeding tributaries. Further, the construction of bridges, highways, and roads within floodplain zones has severely disrupted their flow. Unplanned urban sprawl, without considering the city’s natural drainage systems, threatens their resilience. Over time, the longitudinal and lateral connectivity of rivers and their aquatic ecosystems has been compromised due to the development of roads, highways, and residential colonies on the floodplains. If cities do not develop their Drainage Master Plans, there would be flooding as well as depletion of water due to loss of recharge space.

 

Revive small rivers and rivulets that are fast getting built upon

Many smaller rivers and rivulets across India are disappearing at an alarming rate. Some have been converted into sewage drains, while others have succumbed to extensive encroachment by both private and government entities. Field observations indicate a significant gap in policy implementation, enforcement, and monitoring by district-level authorities, resulting in non-compliance with orders intended to protect these smaller rivers. Most of the ongoing efforts are directed towards big rivers, while smaller rivers do not get the desired level of attention. Therefore, a dedicated programme should be started for rejuvenation of smaller rivers. 

 

Venkatesh Dutta is a Gomti River Waterkeeper and a professor of environmental sciences at Ambedkar University, Lucknow.

Comments

  • Brij Bhushan Goyal

    Brij Bhushan Goyal - July 22, 2024, 8:25 p.m.

    This is well researched good article which can help our governments .

  • Raj Ganguly

    Raj Ganguly - July 22, 2024, 11:28 a.m.

    Rivers, the lifeline of civilizations, are living systems deserving immediate recognition and action. The current narrow interpretation of ‘development’ has led us to the precipice of survivability in the Anthropocene. Acknowledging the intrinsic value of river health is crucial for sustainable development. Understanding the ecological flow and its watershed relevance is imperative. Sustainable agricultural practices, effective management of industrial waste and sewage, and a strict ‘no tolerance plastic policy’ are essential to halt the further deterioration of river water quality and its impact on riverine ecology. Every river, big or small, weaves a unique thread in the ecological tapestry, and safeguarding them ensures the continuity of life and biodiversity they nurture. Dams, while serving irrigation and energy needs, strip rivers of their fundamental essence—the right to flow and sustain ecosystems. Our approach must support the watershed’s ecology and align with development goals that prioritize environmental sustainability and community well-being. A holistic development perspective that marries the preservation of natural waterways with societal progress is imperative. It calls for concerted action from all stakeholders—citizens, the private sector, academia, and government—to realize this vision.