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Mediation-An Effective Alternative Dispute Resolution & Conflict Resolution Strategy in InterState Water Dispute
WHAT IS AN INTER-STATE WATER DISPUTE? Mediation-An Effective Alternative Dispute Resolution & Conflict Resolution Strategy in InterState Water Dispute
A dispute over the use and consumption of a body of water between two or more state governments that share resources or bodies of water is known as an interstate water conflict.
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WHO DECIDES THE INTER-STATE WATER DISPUTE? Mediation-An Effective Alternative Dispute Resolution & Conflict Resolution Strategy in InterState Water Dispute
Water is on the State List. It is in Entry 17 of the list. Entry 56 of the Union List, still, gives the Central government the power to regulate and develop inter-state gutters and swash denes.
Composition 262 also states that the Parliament may give for the adjudication of any disagreement or complaint with respect to the use, distribution, or control of the waters of, or in, any inter-State River or swash vale. As per Composition 262, the Parliament legislated the River Board Act of 1956.
This empowered the Government of India to establish Boards for Interstate Rivers and swash denes in discussion with State Governments. To date, no swash board has been created.
Inter-State Water Disputes Act, 1956: Under this act, if a state government or states government approaches the Centre for the constitution of a bench, the government may form a bench after trying to resolve the disagreement through consultations.
River Water Tribunal Composition: The bench consists of the Chief Justice of India, a sitting judge from the Supreme Court, and two other judges who are from either the SC or a High Court. Inter-State River Water controversies presently in India, water disagreement resolutions are governed by the Inter-State Water Disputes Act, of 1956.
As per this law, the state governments can approach the center to constitute a bench for the resolution of a water disagreement. The decision of the bench is final.
The first inter-state water controversies bench was the Krishna Water controversies Tribunal formed in 1969.
The states involved were Karnataka, Andhra Pradesh, and Maharashtra. It was chaired by R.S. Bachawat and it gave its verdict in 1973.
Still, decades latterly, the concerned states wanted a review and the alternate Krishna Water controversies Tribunal was formed in 2004.
It gave a verdict in 2010 which was redefined at the decree of Andhra Pradesh. Meanwhile, when Telangana was formed, it also entered as the fourth party to the disagreement. This case is pending in the Supreme Court.
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THE MECHANISM FOR INTER-STATE WATER DISPUTE RESOLUTION- Mediation-An Effective Alternative Dispute Resolution & Conflict Resolution Strategy in InterState Water Dispute
The resolution of water disagreement is governed by the Inter-State River Water Disputes Act, of 1956. According to its provisions, if a State Government makes a request regarding any water disagreement and the Central Government is of opinion that the water disagreement can't be settled by lodgement, then they may form a Water difficulties Tribunal for the adjudication of the water disagreement.
The Sarkaria Commission's key recommendations were incorporated into the Act's 2002 amendments. The amendments recommended setting up of water disputes bench and also giving a decision.
ROLE OF MEDIATION IN INTER-STATE WATER DISPUTE-Mediation-An Effective Alternative Dispute Resolution & Conflict Resolution Strategy in InterState Water Dispute
Considering the fact that multiple inter-State water controversies have redounded in heavy loss of coffers, benefits, and openings, the need to consensually reach a common, harmonious ground becomes ineluctable to avoid any unborn damages or impacts.
The agreement offers a stylish chance at this conciliation because it would allow both States to take charge of the proceedings while the middleman would only grease dialogue between the States.
The Inter-State River Water Disputes (Amendment) Bill, 2019 calls for the set-up of a “Disputes Resolution Committee” that shall first settle the inter-State controversies amicably.
It shall comprise a president and experts with fifteen years of experience from the applicable sector. However, it shall appertain only to the Inter-State Disputes Tribunal if they want to settle failed disagreement amicably.
Although this is a positive step towards inter-State agreement and amicable resolution of disputes. The 2019 Mediation Bill has only been passed by the Lok Sabha and is pending before the Rajya Sabha.
Considering the critical need for a similar dispute resolution, a speedy end of the Bill is definitive to prop in the recovery of the hard-megahit sector concerning the resolution of water controversies.
India must strive to come to a signatory and ratifying party to the same conventions while gathering transnational support for the same as it'll enable India and the transnational community as a whole to resolve water controversies by conforming to transnational norms.
Further, transnational support will also lead to the growth and development of these transnational norms for water-related matters which, in turn, would enable the effective resolution of water-related controversies.
ADVANTAGE OF MEDIATION IN THIS DISPUTE OVER OTHER MECHANISMS-Mediation-An Effective Alternative Dispute Resolution & Conflict Resolution Strategy in InterState Water Dispute
Mediated agreements frequently help resolve procedural and interpersonal issues that aren't susceptible to legal determination.
The parties can conform their agreement according to their particular situation and attend to the fine details of perpetuation.
The third point to be recalled is that for a harmonic and forward-moving development of the ecosystem and society, agreement and amicable resolution of conflicts without feeling the need to turn to inter-State water action is imperative.
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