A/HRC/45/10/Add.2 15. At the time of the visit in 2017, no independent regulatory mechanism to monitor the implementation of the human rights to water and sanitation existed in India. To date, no national independent mechanism or body exists to monitor the provision of water and sanitation services and their alignment with the human rights to water and sanitation. While an increasing number of states are establishing monitoring bodies, they are limited to regulation from an economic perspective rather than integrating the normative content of the human rights to water and sanitation and human rights principles. For instance, the operational guidelines for monitoring Jal Jeevan Mission (JJM) – a national policy on water established in 2019 - indicate that states may create an independent regulatory body for the water supply sector, with a view to monitoring tariffs and resolving disputes. The Special Rapporteur notes that the guidelines suggest that this body would be responsible for regulating only water services and only in rural areas, thus leaving sanitation in urban and urban areas and water in urban areas without a proper regulation. 16. While the non-binding guidelines calling for an independent regulatory body are welcome, the Special Rapporteur reiterates that an independent regulatory body with a limited focus on tariff and resolving disputes are not sufficient to address the human rights to water and sanitation entirely. Also, lack of coordination and harmonization by the national government of these diverse governmental bodies can result in fragmentation and in an unequal approach to this crucial issue, jeopardizing the realization of the human rights in certain states. 17. The Special Rapporteur reiterates that taking steps to establish independent regulatory mechanisms, mandated to monitor service provision in line with the human rights to water and sanitation, is part of State obligations regarding the human rights to water and sanitation (A/HRC/36/45, para. 3). PROGRESS LIMITED: The Special Rapporteur strongly recommends that the Government establish independent regulatory mechanism to monitor the implementation of the human rights to water and sanitation. In a federal and decentralized system such as India, where states are in charge of such independent regulation, he emphasizes the role that the central government should play to harmonize those regulations in each state across India. D. Recommendation on human rights impact assessments RECOMMENDATION 5: “Make human rights impact assessments a requirement for all megaprojects, including the construction of hydroelectric dams.” (A/HRC/39/55, Add.1, para. 71(t)) 18. During the visit, the Special Rapporteur was informed of how large infrastructures in India (dams, railways, roads and industrial projects) had negatively affected water sources of rural villages (A/HRC/39/55/Add.1, para. 69). Following the visit to India, the Special Rapporteur addressed related concerns through allegation letters: (1) on the impact of the Northeastern Frontier Railway on the water supply of several villages in the state of Manipur (AL IND 12/2019, 27 May 2019) to which the Government did not respond; and (2) about the dumping of copper slag in a river nearby to Sterlite Cooper Smelting Plant in Tuticorin, Tamil Nadu (UA IND 12/2018, 29 May 2018). A response from the Government on 30 December 2019 indicated that the National Human Rights Commission is examining the issue. 19. While ‘social impact assessments’ continue to exist under the Right to Fair Compensation and Transparency in Land Acquisition, no human rights impact assessment has been made mandatory for megaprojects in India. Guidelines for social impact assessments created by the Centre for Science and Environment include recording the 5

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