Paradigm for Distributive & Procedural Justice in Equitable Apportionment of Transboundary Ganges Waters Under Changing Climate & Landuse

Abstract:

Rivers have no regard for human demarcated boundaries. Besides, ever increasing demand-supply gap & vested riparian interests, fuel transboundary water conflicts. For resolving such disputes, appropriation doctrines advocating equity & fairness have received endorsement in the Helsinki Rules-1966 & UN Convention-1997. Thus, current study proposes the principle of equitable apportionment for sharing Ganges waters as it balances the interests & deservedness of all stakeholders, namely, India & its 11 states, Bangladesh, Nepal, & China. The study endeavors to derive a reasonable share of each co-basin state by operationalizing the vague concepts of fairness & equity through an objective & quantitative framework encompassing proportionality & egalitarianism for distributive & procedural justice. Equal weightage factors reflecting hydrology, geography & water use potential are chosen for fair share computation, wherein each contender ranks these factors to maximize his entitlement. If cumulative claims exceed the water availability, each claimant puts forth next ranked factor & this process continues till the claims match availability. Due to inter-annual variability in few factors, scenarios for Rabi & Kharif seasons are considered apart from cases for maximum, upper quartile, median, lower quartile & minimum. Possibility of spatial homogeneity & heterogeneity in factors is also recognized. Sometimes lack of technical information hinders transboundary dispute resolution via legal mechanisms. Hence, the study also attempts to bridge this gap between law & technology through GIS-based SWAT hydrologic model by estimating the Ganges water yield, & consequent share of each riparian for range of flows incorporating e-flows as well, under present & future climate & landuse scenarios. 82% of India’s territory lies within interstate rivers, & therefore this research is very pertinent as it can facilitate the decision makers in effective interstate water conflict resolution.