Kerala   

Restrictions on use of groundwater soon

THIRUVANANTHAPURAM: The government is planning to amend the Kerala Groundwater Act 2002 to put curbs on indiscriminate use of groundwater.

According to highly placed sources, the expert committee constituted to study and report on the changes necessary in the Kerala Groundwater Act is expected to submit its report on October 14 and this would result in the government issuing an ordinance soon to amend the Act.

Kerala is one of the few States to enact a law governing the use of groundwater but the law is still fraught with several lacunae as evidenced at the time of the anti-Coca Cola struggle at Plachimada in Palakkad district.

An expert group of the Planning Commission had looked into the issue and pointed out these shortcomings and underscored the need for fresh legislations so as to rectify the present anomalies.

In Kerala, the Anti-Coca-Cola Struggle Committee and the Plachimada Struggle Solidarity Committee too have been pressing the government for a re-look at the Kerala Groundwater Act.

Under the current legal regime, the landowner has the full right to capture an unlimited quantity of groundwater without being liable for injury to adjacent landowners on account of excessive or harmful extraction.

The Planning Commission has pointed out that while this approach was fine when there was only limited demand for groundwater in any given aquifer, there was need for a change of approach on account of the large-scale withdrawals that happen now.

The Planning Commission has also drawn the attention of State governments to recent court rulings emphasising the role of the State as the trustee of all natural resources, including groundwater, which, by nature, are meant for use and enjoyment of the public at large.

Pursuing this position, the courts have held that the State has the duty to protect groundwater against excessive exploitation and the inaction of the State will tantamount to infringement on the right to life of the people guaranteed under Article 21 of the Constitution.

The government’s idea is to bring forward amendments to the Kerala Groundwater Act to balance the landowners’ rights to draw groundwater with the public interest in managing groundwater resources for all users.

Simultaneously, it also wishes to foreground the issue of protecting the environment so as to ensure that both the present and future needs of communities dependent on the groundwater resources are protected.

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