Neighbouring Bangladesh has given rivers equal rights to human existence. In this regard, India's neighbor has taken a step ahead of India.
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Last month, the Bangladesh High Court granted rivers equal rights to human existence. It is the fourth country in the world to grant human rights to rivers after New Zealand, India and Colombia, and the first country in the world to apply such rights to all rivers in its territory at the same time. The court's decision has been welcomed by river rights groups, environmentalists, experts and the National River Conservation Commission of Bangladesh, as encroachment and pollution on most rivers in Bangladesh has crippled rivers in Bangladesh.
Of the 57 rivers in Bangladesh, 54 are shared by India and Bangladesh. As a result, activists working on river issues in India, environmentalists and residents also took note of the incident. Two years ago in 2017, the Uttarakhand High Court similarly declared the two rivers, the Ganga and the Yamuna, as rivers of human rights and the same legal rights and status that the Indian people have. However, the decision was challenged in the Supreme Court by the Uttarakhand state government and the Center, citing the fact that the decision was highly unworkable and could lead to many legal complications. A few months later, the Supreme Court overturned the announcement.
Today, rivers in India are facing one crisis after another, despite the fact that they need to be given human existence and legal rights, but no steps are being taken in this regard. In this context, it is safe to say that the decision taken by Bangladesh, a smaller, less powerful, neighboring country than India, is many times more bold and progressive.
But legal rights will only be effective if they are effectively enforced. The Bangladesh High Court, while issuing the order, has given some specific instructions as well as suggested in-depth penalties for encroachment on the rivers. For example, those who encroach on the rivers will not be able to contest elections, they will not get loans from banks, any act that harms the rivers will be considered a criminal act and such people will be publicly insulted. Although the Indian government is hesitant about this, for the past six months, the Bangladesh government has been pursuing the decision vigorously, demolishing 4,000 illegal buildings along the river in Dhaka and surrounding areas. Due to this action, the government has succeeded in reclaiming 77 hectares of land. Although the geographical situation in India is different, the Bangladeshi society is located in the valleys of the three rivers Ganga-Brahmaputra-Meghna. Ordinary Bangladeshis are aware of the importance of rivers in the economic and social progress of Bangladesh, so their dedication to the rehabilitation and conservation of rivers is equally high. From all these factors, Bangladesh is ahead of India in terms of legalizing rivers and taking positive steps in that direction. However, the challenges facing Bangladesh are not over. Many of these challenges are internal - legal scope and legal provisions, political and social consensus, partner investment, economic policies, administrative change and adequate funding - but the cross-border challenges have not been addressed.
91.4% of the water flowing in Bangladesh originates in India. India is a country situated on the upper reaches of many rivers of Bangladesh, moreover it is a huge industrial, many times larger and more developed country in terms of population than Bangladesh . As a result, whatever action India takes in the upper reaches of the Ganga-Brahmaputra-Meghna basin of these rivers will affect the downstream, as well as the rivers in Bangladesh and their health. In detail, the extent to which Bangladesh's decision will be effective will also have a major impact on India's actions.
At present, however, the impact of India's action on Bangladesh's decision does not seem to be beneficial. Take the example of the Ganges, the second largest river flowing through Bangladesh and India. The Ganges has been granted human rights in Bangladesh, but not in India. However, 90% of the Ganges flows through India, meaning that only 10% of the river has human rights. At the top, in India, the Ganges mixes 500 million liters of industrial waste and 1.5 billion liters of untreated sewage per day. Before the Ganges enters Bangladesh, about 1,046 cubic feet (9% of the annual average outflow) is discharged into the Hooghly River by diverting water from the Farakka Dam. The flow of the Ganges is changing drastically and Bangladesh is being affected by the water being blocked at Farakka. Especially during drought when water flow is 90% blocked. Factors responsible for river pollution, river basin encroachment, deviation rates and the impact of climate change in Bangladesh have dimmed the chances of effective implementation of Bangladesh's decision and success in efforts to restore human rights to the Ganges. If the two countries sign the agreement reached between India and Bangladesh in 1996, it is likely to change. The agreement stipulates that the agreement will be revised (and amended) in 2026 due to necessary scientific studies, pressure from civil society, political will, etc. This agreement will be amended on both sides of the border, which means,
Where other rivers (and the Ganges) are technically included in the appendix of the Indo-Bangladesh Joint Rivers Commission, decades of work, results, and vision of this organization have been limited. The Ganges is the only river with which an agreement has been signed - however, the draft Teesta agreement has been languishing for the last eight years. No arrangements or agreements or drafts have been made for the distribution of water in the Brahmaputra, Meghna and other rivers. Similarly, enforcing some legal rights for the remaining 56 cross-border rivers is even more difficult for Bangladesh.
At the domestic level, too, Bangladesh will have to overcome a number of political, administrative, social, economic and environmental hurdles in implementing the decision. Despite all these challenges, Bangladesh is in control of them. However, the challenges they face from upstream India will be difficult to deal with, as it will benefit the people of Bangladesh downstream, but India has no interest in jointly conserving or protecting shared rivers.
Dealing with India in a strong and far-sighted manner to maintain meaningful, positive cross-border cooperation can reduce the impact of challenges from India on the decisions taken by the Bangladesh government. Given the need for concerted efforts for the holistic and sustainable development of the basin, Bangladesh needs to support and stimulate its policies in a variety of ways. Such plans should be pursued with a view to concluding comprehensive agreements for the geopolitical progress of South Asia and to increase our strength in negotiations with India. In order to effectively implement the human rights provided to the tributaries of the two countries by managing their joint river basins, Bangladesh has the option of implementing effective, efficient and sustainable mechanisms in partnership with India. The sooner Bangladesh acts on this fact, the more effectively they will be able to implement their decision.
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