An array of legislations has been introduced regarding water governance — but the law currently holds the crown of the most important policy concerning water
Bangladesh is a riverine country and this is one of the first lessons taught to us at the earliest age. Bangladesh is replete with many rivers and other water bodies, with water symbolizing life and livelihood in Bangladesh.
The intricate tapestry of water bodies crisscrossing throughout the country sustains lives and shapes the climate trajectory. The UN-Water has rightly stated that “water and climate change are inextricably linked”.
Being a climate-vulnerable country, Bangladesh is profusely adorned with countless bodies of water. So, water governance and management are of paramount importance in the country. An array of legislations has been introduced regarding water governance — but the Water Act-2013 currently holds the crown of the most important policy concerning water.
After 11 years of the enactment of the law, this might be intriguing to ponder, how well it served in safeguarding the water bodies in Bangladesh. The underpinning purpose of this law is to protect, manage, and conserve the countrywide water resources.
In a vision to implement the rules and policies enshrined in the law, a high-powered National Water Resources Council (NWRC) was formed, designating the then prime minister at the helm. The formation of such a high-powered council is certainly a step forward and a commendable move.
This portrays the government’s conviction and earnestness about the conservation and management of water resources. The law indeed addressed some sincere issues regarding water resource management. However, it has come up short in implementing the objective enshrined in the preamble. Without recourse to any research or data, we can comprehend the gradual backsliding of the water bodies. The decadence of our water resources underscores the shortcomings of the law more profusely.
The protection against water pollution as mentioned in the law is not exhaustive and inadequate to address the gravity of this matter. The law prescribes provisions for source pollution briefly — but contains thematic loopholes regarding non-point pollutions (pollution originating from other sources.)
Currently, the biggest threat to the aquatic ecosystem is anthropogenic pollution, emerging from industrial waste and irrigation. Most industries remain outside the judicial penalty and sanction because pollution usually emerges from non-point sources.
Also, the law lacks clarity to set standards for industrial discharges. Such vagueness and loopholes have made environmental organisations and industries lock horns for a decade. As the standards regarding industrial discharge are aloof, the law also consequently dropped the ball on prescribing any punishment for excessive industrial discharge.
The penalty or sanction provisions have become a laughing stock when it stipulated Tk10,000 as a fine in breach of any rules under the law. The draft proposal of the Water Act suggested Tk500,000 as the maximum fine. Such incursion on monetary penalty truly intrigues whether the government wants to protect water bodies or industrialists who prefer to abuse the water resources without facing heavy consequence.
An aggrieved party has to cross the abyss or stormy seas to seek redress for any distressing issue regarding water management or degradation. In fact, you would require a written complaint from the director general of the Water Resources Planning Organisation or his appointee to file a lawsuit in a designated court. Government authorities, organisations, and individuals enjoy boundless immunity while infringing some provisions of the law since it has omitted from incorporating any pecuniary or other sanctions.
When it comes to implementing the provisions of the law, the executive committee under the NWRC enjoys unfettered power in adopting policies and actions. The committee is comprised of high officials from various ministries and experts.
However, the committee could not find a place to include the stakeholders, female representatives, minority communities, and other affected populace who have a vested interest in water resources.
Moreover, in the pretext of good faith, the government authorities are exempted from any damage or carnage triggered by any violation of the provisions of the law, non-compliance, or negligence.
When the threat of climate change continues to loom large in Bangladesh, water governance becomes increasingly critical. Water bodies are effective carbon sinks and a great source of carbon sequestration.
Even though, on a global scale, Bangladesh is not an emission-belching nation, it contributes to greenhouse gas emissions. A hale and hearty aquatic ecosystem can significantly lower greenhouse gas emissions.
And what’s more, Bangladesh has witnessed some tremendous heat waves and increased temperatures in the summer for the last few years. A haywire water management could contribute to such heat increment. Due to the dilapidated condition of water bodies in urban areas and the heat-absorbing infrastructure, Urban Heat Islands are skyrocketing.
The Water Act-2013 is not the sole legislation concerning water governance. Yet, it is indeed the magnum opus. A comprehensive, inclusive, and eco-friendly legislation and its sincere implementation could not only protect and preserve our water resources but safeguard the environment through a healthy aquatic ecosystem.
Nevertheless, slack of coordination among ministries and poor performance in sustaining the rule of law is costing our rivers and other water bodies.
The absence of accountability and sheer defiance of the legislation are unstintingly carrying out water pollution and unlawful water usage. The Rubicon has not been crossed yet. But if we fail to amend the law and other concerning legislations in an eco-friendly manner and let the defiance continue, we might end up failing to teach the upcoming generations that Bangladesh is a riverine country.
