A/HRC/45/10/Add.2
B.
Recommendation on institutional framework
RECOMMENDATION 3: “Clarify, in a transparent manner, the roles and
responsibilities of institutional actors in the water and sanitation sector from all
dimensions: vertically, among central, state, local and rural governments; and horizontally,
among entities within the different tiers of government;” (A/HRC/39/55/Add.1, para.
71(c))
11.
The implementation and monitoring of water and sanitation policies and national
budget allocation in India is complex with responsibility being shared among central and
local governments and with different entities involved in rural and urban areas
(A/HRC/39/55/Add.1, para. 10). The Special Rapporteur noted concerns over a lack of
coordination and transparency regarding the responsibilities of different national, and local
actors, as well a lack of organized accountability for violations and abuses of the human
rights to water and sanitation (HRC/39/55/Add.1, paras. 15 and 16).
12.
At the time of the visit, in 2017, the Ministry of Drinking Water and Sanitation was
responsible for the rural component of India’s national policy on sanitation - Clean India
Mission (also known as Swachh Bharat Mission), as well as the National Rural Water
Drinking Programme. The Ministry of Housing and Urban Affairs was responsible for the
urban component of the Clean India Mission, and for water provision in urban areas
(A/HRC/39/55/Add.1, paras. 10 and 14). In May 2019, the Government integrated the
Ministry of Water Resources, River Development and Ganga Rejuvenation and the Ministry
of Drinking Water and Sanitation into the newly established Ministry of Jal Shakti, as
separate departments.
13.
Furthermore, despite the establishment of a new ministry, there still remains a need
for the responsibility for water and sanitation provision to be further clarified from vertical
and horizontal dimensions. Horizontally, it should be clarified that the institutions involved
in the provision of water and sanitation are not limited to the Ministry of Jal Shakti and
Ministry of Housing and Urban Affairs. Rather, there are other ministries responsible for the
implementation of the human rights to water and sanitation including but not limited to those
dealing with budget allocation. Vertically, there have been no changes on the way to clearly
coordinate, communicate and define responsibilities of institutions from central, state, local
and rural governments available to all rights-holders.
14.
The Special Rapporteur reiterates that the Government should further clarify the roles
and responsibilities of all actors involved in implementing the obligation to progressively
realize the human rights to water and sanitation, and to make those information available and
accessible to all. The Special Rapporteur expects that high priority will be given to the human
rights to water and sanitation within the work of the Ministry of Jal Shakti, and that those
rights play an important role as a cross-cutting issue under this new Ministry.
PROGRESS ON-GOING: The Special Rapporteur notes the recent restructuring within
the Government, namely, the establishment of the Ministry of Jal Shakti, and highlights
that the Government should take measures and safeguards so that the provision of water
and sanitation and the human rights to water and sanitation is not overshadowed in the
entire integrated water resources management and is promoted in the coordination across
the institutions responsible for the elements of affordability, quality and safety,
acceptability as well as privacy and dignity of the human rights to water and sanitation.
C.
Recommendation on independent regulatory mechanism
RECOMMENDATION 4: “Establish an independent regulatory mechanism with
adequate financial and human resources to monitor the implementation of the human rights
to water and sanitation, including all the normative content of those rights;”
(A/HRC/39/55/Add.1, para. 71(d))
4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents