On the 4th anniversary of the Plachimada People�s Struggle, a community seminar including the adivasis of the affected areas came up with a water policy that would address the needs of people. Ajayan, the convener of Plachimada Solidarity Committee presents the resolution.

Water is a basic survival need of all living beings, for their very existence. It is the elixir of life. Water is a natural right � a collective right to be enjoyed by all without prejudice, equitably and according to the needs. The exercise of this collective right over water entails absolute authority of communities over water resources. The translation of this authority is achieved by laws and institutions of governance forming the basis of conservation, sustainable use, preservation and development of water resources. This authority is to be exercised fully by the community with the assistance of the State. The community shall govern the water at the primary level. Accordingly, the framework for �A People�s Water Policy� shall consist of:

� The Grama Sabha, the fundamental and primary unit of governance, shall have the command over ground water for �traditional management practices of ground water resources�, �safeguard and preserve ground water resources�, �planning and management of minor water bodies� and �management of water supply schemes�. The Grama Sabha, while exercising its powers to �safeguard and preserve ground water resources and minor water bodies�, shall have the powers to ensure water to its members, both in sufficient quality and quantity i.e. safe and adequate water. Equitable distribution of water shall be a responsibility of the panchayat and that the grama sabha shall have powers of superintendence and monitoring over the water supply in order to ensure equitable, universal and satisfactory coverage. The Grama Sabha shall have the authority to take necessary steps and penalize the violators in case of violations that threaten the quality and quantity of water resources.

� The Grama Sabha shall be the competent authority to determine the use, control and management of ground water and minor water bodies within its geographical jurisdiction. In exercise of this authority, the Grama Sabha shall reasonably restrict the use of ground water and minor water bodies to ensure safety and adequacy of water.

� All development activities falling within the geographical jurisdiction of the Grama Sabha shall be carried out with the express consent and approval of the Grama Sabha with a view to protect, conserve, sustainably use and develop the said water resources. Resolution by Gram Sabha to cancel such consent shall automatically lead to cancellation of license/approval issued by the appropriate bodies/authorities. In case any activity outside the Grama Sabha's jurisdiction would affect water supply / sources of that Grama Sabha, that Grama Sabha must be involved in any process of decision-making on that activity.

� The Grama Sabha shall reasonably restrict or ban the use of water from below ground and/or minor water bodies as the case may be, if the Grama Sabha so considers that such use constitutes a threat to quantity and/or quality of water.

� Any dispute between gram sabhasa or between the Grama Sabhas and the State over use of water resources shall be settled by a body consisting of the concerned gram sabhas or panchayats as the case may be.

� To enable the Grama Sabha to carry out the responsibilities and functions as mentioned above to the fullest extent, the Grama Sabha shall call forth the services and assistance of (a) Kerala Ground Water Authority (b) Kerala Ground Water Department and (c) Kerala State Pollution Control Board (d) the Village Panchayat, the Block Panchayat and/or the District Panchayat as the case may be, which shall be made
available.

� To enable the Grama Sabha to exercise their natural right as above, it is therefore affirmed that the relevant State laws namely (a) The Kerala Panchayat Raj Act, 1994; (b) Kerala Ground Water (Control and Regulation) Act was enacted in 2002 (c) The Water (Prevention and Control of Pollution) Act, 1974 as amended 1988, and (d) any other relevant laws as are applicable shall be amended

Explanation
RECOGNIZING that all the 151 Blocks in the State of Kerala was categorized as �safe� in 1999 and that within a span of just five years, 50 blocks or one-third of all the blocks in the state has been declared �unsafe� (5 categorized as �over exploited�, 15 as �critical� and 30 as �semi-critical�) according to the �The Dynamic Groundwater Resources of Kerala as on March 2004� prepared by the Ground Water Department, Government of Kerala and the Central Ground Water Board thereby requiring the Government of Kerala to notify the five blocks namely Athiyannur (Thiruvananthapuram District), Kodungalloor (Thrisusur District), Chittoor (Palakkad District), Kozhikode ( Kozhikode District) and Kasargode (Kasargode District) as �notified areas� with effect from the 19th day of November 2005;

RECOGNIZING that the Plachimada Struggle has completed four years of struggle without any solution in sight despite support from the general Kerala society, the political parties, the Panchayat, the relevant administrative machinery and the State primarily due to inadequacies in the laws of governance related to water besides various acts of commission and omission by various authorities;

RECOGNIZING that under Article 246 and List 11 of the Seventh Schedule of the Constitution, the state has the power over ground water; that �Water� is expressed as �water supplies, irrigation and canals, drainage and embankments, water storage and water power� under Entry 17 of List II; that the Kerala Ground Water Authority constituted under the Kerala Ground Water Act 2002 is now the official regulatory organ of the state; that the state failed to protect and conserve ground water, permitted for instance, Coca-Cola to contaminate and pollute the ground water as well as deplete the ground water notwithstanding protests for 4 years.

RECOGNIZING that under the Kerala Panchayat Raj Act 1994, the Panchayat has the responsibility for the �maintenance of traditional drinking water sources, preservation of ponds and other water tanks, setting up and management of water supply schemes�; the Panchayat delayed in responding to the problems of �over-exploitation� and �pollution�.

RECOGNIZING that under the Water (Prevention and Control of Pollution) Act, 1974 as amended 1988 the Kerala Pollution Control Board failed to respond adequately in time to prevent, contain and rectify pollution of ground water and surface water;

RECOGNIZING that the mechanism to regulate, protect and conserve water for public good has failed;

RECOGNIZING that matters such as natural resource management including water was very much a community domain exercised through customary laws and practices;

RECOGNIZING that the British Colonizers introduced the concept of eminent domain of the state, that all resources that were �unclaimed� or not �used� belonged to the empire and that these laws still remain as statutory laws or still constitute the framework for law, causing a barrier for democratization of the society as well as creating a deliberate wedge between the state and the people leading to intense and increasing conflicts;

RECOGNIZING that the Constitution of India recognizes customs and customary practices; that the term �law� in Article 13 includes �customs� and �usages� having the force of law but not infringing any of the fundamental rights conferred by part III of the Constitution;

RECOGNZING that in reality customary laws are subjected to being in consonance with the statute made laws which are still largely the colonial legal frame;

RECOGNIZING that Article 21 on fundamental rights confers Right to Life, not merely of animal existence but life with human dignity, and right to livelihood except according to a due process of law; that Article 39(b) enjoins a duty upon the state to direct its policy towards ensuring that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

RECOGNIZING that Part IV-A of the Constitution imposes a duty on the citizens to protect and improve the natural environment including forests, lakes and rivers which are explicit directives to be promoted through legislations.

THERFORE AFFIRMING the principles of
� People�s Power in People�s Hands
� Participatory Democracy as a Precondition for an Effective Representative Democracy
� Non-Centralized Governance Structures are Basic to Participatory Democracy
� Solutions to Problems in Democracy is More Democracy
� A Democratic Society Strengthens Justice

R.Ajayan may be contacted by phone at 09847142513 or by email at neerajam2004ATyahooDOTcom

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