Volume 3 - European Commission

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All the irrigation statutes contain specific and detailed provisions regarding punishment
of offences committed with a view to damage irrigation works, stopping supply of water
and taking supply of water without permission and the quantum of punishment
prescribed in various statutes varies from fine to imprisonment. The enforcement of the
penal provisions of the irrigation Acts is the responsibility of the irrigation officials and
revenue officials. A summary of the main laws relating to the use and regulation of water
resources and the environment is included as Annex 6.6.
3.2 Governance administrative arrangements, roles and responsibilities
Water, a State subject in India, has received priority attention since the implementation
of the First Five Year Plan. Until 1999, the Governments water and sanitation strategies
were supply-driven, that is, the rural water supply and sanitation systems were designed
and executed by the Department/Boards and, imposed on end-users without taking into
account their demand preferences. This approach succeeded in increasing water supply
and sanitation coverage as per government norms. However, their sustainability and
their access to the poor and the marginalized groups continued to be critical concerns.
Moreover, a large number of water supply systems/schemes failed due to, among
others, poor operation and maintenance - by comparison with water supply, sanitation
has had less priority. Thus, according to the 2001 Census, only 22 per cent of rural
households have toilets, but most are not used by all household members every day of
the year. And out of India’s 700,000 rural elementary schools, fewer than 1 in 6 has
sanitary facilities. Further, water contamination – faecal, excess arsenic and fluoride etc.-
continues to be a health hazard in most villages.
In recognition of the above inadequacies, the Government revamped the Rural Water
Supply Programme in 1999 via the strategic framework provided by the Rajiv Gandhi
National Drinking Water Mission (RGNDWM) and related demand-driven water sector
reform guidelines, which were amended in August 2000 and October 2000 by way of
articulation of measures for source sustainability, among others. The water sector reform
strategy rests on four pillars:
1. Demand-driven responsive and adaptable approach based on empowerment of
villagers to ensure their full participation in the project through a decision making
role in the choice of scheme design, control of finances and management
arrangements;
2. Shifting role of Government from direct service delivery to that of facilitator, and
regulator;
3. Decentralization of authority and responsibility to panchayats, in line with the 73 rd
Amendment to the Constitution, and,
4. Partial capital cost sharing either in cash or kind or both and 100% responsibility
of Operation and Maintenance (O&M) by end-users.
The sector reform is being scaled up on a national scale through the vehicles of
Swajaldhara and the Total Sanitation Campaign (TSC). Swajaldhara, a demandresponsive,
community-based approach to rural water supply - now being
operationalised nationally - was developed from the sector reform pilot projects
implemented between 1999 and 2003 in 67 districts, and the World Bank (WB)
supported Swajal project in Uttar Pradesh and Uttaranchal. TSC - now covering 398 of
the 602 districts in the country - is based on stimulating demand for sanitation with an
affordable range of options. Subsidies are to be phased out, and replaced with a range
Evaluation of the Water and Sanitation Sector – Country Note India, July 2005