Remembering the contributions of Dr BR Ambedkar as an environmentalist

The Indian Constitution and international agreements recognize the right to water as a fundamental human right. The Mahad Satyagraha led by Dr BR Ambedkar in 1927 was a protest against the social and political discrimination faced by the Dalits, who were denied access to public water sources in the town of Mahad in the state of Maharashtra.

The upper castes had reserved public water sources for their own use, while the Dalits were forced to rely on contaminated water sources. Dr Ambedkar saw this as a clear violation of the principles of equality and justice enshrined in the Indian Constitution. During the Satyagraha, Dr Ambedkar and his supporters marched to the Chavdar Tank, a public water source that was reserved for the upper castes, and demanded that the Dalits be allowed to access it. This led to clashes between the upper castes and the Dalits, but the Satyagraha ultimately succeeded in securing the right to water for the Dalits.

The Mahad Satyagraha was a pivotal moment in India's social justice movement. It aimed to establish the fundamental right to water, crucial for the health and well-being of individuals and communities. The Satyagraha had a long-lasting impact on India's social and political landscape, inspiring other movements for marginalized communities' rights. Today, the right to water remains a significant issue in India, and the legacy of the Mahad Satyagraha continues to inspire efforts to address it and uphold it for all.

Marginalized communities in India are often disproportionately affected by the pollution of water sources, which can have significant health impacts. For example, the residents of Bhopal who were affected by the 1984 gas leak have faced significant challenges in accessing safe and clean water due to contamination of water sources. The Bhopal Gas Peedit Mahila Udyog Sangathan, a women's rights organization, has challenged the government's failure to provide access to clean water to the affected communities in court.

The lack of access to water is a key factor that contributes to their socio-economic disadvantage and perpetuates their marginalization. The Indian Constitution recognizes the right to water as a fundamental right, and there are several laws and policies in place to protect this right. However, marginalized communities often face discrimination and neglect in the implementation of these laws. One of the key legal rights that marginalized communities have in relation to water is the right to equitable distribution. This means that water resources should be distributed fairly among all communities, irrespective of their social, economic, or political status.

However, in reality, water resources are often concentrated in certain regions or controlled by powerful groups, leading to unequal distribution and discrimination against marginalized communities.

Marginalized communities in India have legal rights to participation in decision-making related to water, as well as the right to access information related to water. However, they are often excluded from these processes, leading to decisions that do not take their needs and concerns into account. The privatization of water resources is also a significant legal issue, which has resulted in the commodification of water, making it unaffordable for many marginalized communities, particularly in urban areas.

In addition, the lack of effective dispute resolution mechanisms is also a legal issue affecting the realization of the right to water. Disputes over water resources often arise between different stakeholders, including states, communities, and individuals. The lack of effective mechanisms to resolve these disputes has led to protracted legal battles, delaying access to water for those in need.

In India, the right to water is recognized as a fundamental human right, protected by various laws and policies at the national, state and local levels. Some of the key laws related to the right to water in India:

1. The Constitution of India: The Constitution of India recognizes the right to water as a fundamental right under Article 21, which guarantees the right to life and personal liberty. The judiciary has interpreted this to include the right to access to safe and clean drinking water.

2. The National Water Policy: The National Water Policy of 2012 recognizes water as a public trust and emphasizes the need for equitable distribution of water resources. It also emphasizes the importance of sustainable development and conservation of water resources.

3. The Water (Prevention and Control of Pollution) Act, 1974: This Act provides for the prevention and control of water pollution and the establishment of Central and state pollution control boards to implement its provisions.

4. The National Rural Drinking Water Programme: This program aims to provide safe and adequate drinking water to rural communities across India.

5. The National Urban Drinking Water Supply Programme: This program aims to provide safe and adequate drinking water to urban communities across India.

6. The Right to Information Act, 2005: This Act empowers citizens to seek information related to the availability and quality of drinking water in their respective areas.

7. The Jal Jeevan Mission: This mission was launched in 2019 with the aim of providing tap water connections to all households in India by 2024.

The effective implementation of laws and policies to uphold the right to water in India remains a challenge. Greater public awareness and participation are necessary to ensure equal access to clean water for all.

Dr BR Ambedkar recognized the significance of the right to water for marginalized communities and highlighted the inequalities in water distribution in India. He emphasized that denying access to clean water was a form of discrimination against these communities and advocated for measures to rectify the situation to uphold the principles of equality and justice.

His book Annihilation of Caste highlighted the issue of unequal access to clean water, with the upper castes having access to clean water while the lower castes relied on contaminated sources, further emphasizing the need for urgent measures to address this issue.

Ambedkar stressed on the importance of safeguarding water sources and their sustainable use, recognizing their significance as a valuable resource for future generations. Discrimination and exclusion in policy implementation, equitable distribution and providing access to information and meaningful participation are vital to ensure the realization of the right to water for marginalized communities. Ambedkar's ideas and advocacy continue to inspire efforts to address this issue and uphold the right to water for all in India.

Nabeela Siddiqui is an Assistant Professor at CHRIST (Deemed to be University).