Chapter 2

REVIEW OF RELATED LITERATURE

2.1 Review of Related Literature

2.1.1 Water Pollution

Oceans, seas, lakes, rivers and such are bodies of water that represent 70% of the Earth.

Each body of water has certain aquatic ecosystems that it accommodates, it offers different

resources such as food supply to resources that have medicinal uses, and lastly, it provides water

supply for drinking and other uses. Water is a vital source for life to prosper. Despite this being a

necessity for every living thing, water forms around the world are constantly being polluted

especially in urbanized and highly populated areas. Water pollution is caused by many factors

and it comes from various sources. Contamination of water comes from human activities, people

do not hesitate to in throwing their trash and other wastes into bodies of water for easy disposal

believing that what they disposed of flows away from them or sinks at the bottom, away from

their sight. It can from factories and other establishments especially those that are industrial and

agricultural in nature which discharges their chemical or organic wastes into the water. It comes

from oil spills, boats or ships, and from households or communities who do not practice proper

waste management even the pollution ,that can seep into the ground, found on land can

contribute to groundwater pollution which then spreads to other water systems.1 Water pollution

1
Nunez, C. (2010, March). Water Pollution, explained. Retrieved from
https://www.nationalgeographic.com/environment/freshwater/pollution/
does not happen in one body of water without affecting the other especially in such water forms

that are connected with the other or flows into another.2

2.1.2 Pollution Problem of the Ganges River in India

Rivers, as history would show, are where civilizations grew from. This is due to the fact

that the body of water serves as a lifeline for their people. It is their main source of water and

other resources. The river that is called Ganges or Ganga is 1500 miles and starts from the

Himalayas and flows into the Bay of Bengal. It cuts through one of the most populated countries

in the world which is India. Communities that are located near the river go on about their daily

lives making use of it, whether it be for drinking, bathing, and or washing their clothes they

would get water from it or would do such things in the very waters. Such activities are not

unusual to do in the body of water. However, as much as people believe that the Ganges is the

purest and considered the most sacred water form in the religion of Hinduism, it is considered to

be the most polluted river in the world.3

The pollution problem affects people’s livelihoods, health, social problems as well as it

impacts the environment through loss of biodiversity, food insecurity, floods and the like. With

such a high population density, contamination of the river is not only from the raw sewage and

industrial wastes being poured into the Ganges every day in massive amounts from industrial

hubs, those include cremated bodies and half decomposed bodies of people, but also such menial

human activities that the locals do in the river every day that involves celebrations such as

festivals that they do in the river, taking into account the fact that it is the main source of water

2
Denchank, C. (2018, May).Water Pollution: Everything You Need to Know. Retrieved from
https://www.nrdc.org/stories/water-pollution-everything-you-need-know#whatis
3
Das, S. (2019, April). The Ganges: Hinduism's Holy River. Retrieved from https://www.learnreligions.com/ganga-
goddess-of-the-holy-river-1770295
for half a billion people and more than a billion Hindus visit it because it is considered holy by

them. With such toxic substances being poured in and dissolved into the river, its contamination

brings a health hazard for the many people who benefit from the river as well as an

environmental threat to not only India but the surrounding countries as the river flows into the

Bay of Bengal. The issue of water safety and environmental awareness have been given focus by

many laws, policies, and projects of both non-government agencies and the national government

of India. However, evaluation and assessment of such efforts on the status of the river were

inconclusive and the pollution problem had no significant change. 4

2.1.3 Religious Beliefs and Practices Concerning the River Ganga

Hinduism is considered to be the 3rd largest religion in the world that follows Christianity

and Islam in the ranks; it is practiced by up to a billion people all over the world. It is the

dominant religion in India.5 The religion has many gods and goddesses that it believes in, one of

those goddesses is Ganga. It is known all over the country of India that the Ganges is a sacred

entity with the purest and holiest of water since according to the followers of the religion, the

river Ganga is a personified form of the said goddess.

It is where they celebrate many of their religious events and festivals that has been kept

as a tradition for centuries. Such rituals are done on the banks of the river wherein millions of

Hindus gather to honor the gods to gain their favor in return for the protection of their

communities from epidemics and the well-being of the people. One of the festivals is called

Ganga Dussehra which celebrates and welcomes Ganga, it is where the followers immense

4
Gopalakrishnan, R.(2017, April). Saving a river: Pollution in India's holy Ganges makes it toxic. Retrieved from
https://www.reuters.com/article/us-india-ganges/saving-a-river-pollution-in-indias-holy-ganges-makes-it-toxic-
idUSKCN1PC0CT
5
Majumdar, S.(2018, June). 5 facts about religion in India. Retrieved from https://www.pewresearch.org/fact-
tank/2018/06/29/5-facts-about-religion-in-india/
drench themselves in the river. Ganga Mahotsav and Chhat Puja are other spiritual celebrations

that are also celebrated every year that give respect to Ganga and other gods of Hinduism,

practices in such events go for four days long and involve bathing in the water to cleanse the

mind and soul. 6Various gifts and oil lamps are also flowed into the river as offerings. Based on

Hindu mythology , Garuda who is a mythical bird who flew above the Ganges dropped what

they call Amrit, which is a drink of immortality, in four areas of the river. These four areas are

the locations wherein the spiritual celebration that is Kumbh Mela is conducted. Millions of

followers bathe themselves in the water every day as well as directly drink it in the belief that it

will cleanse their souls. Through the stories that have been told that the goddess Ganga went

down to earth for the purpose of cleansing the souls of mankind. Cremation is a very important

funeral rite in Hinduism that according to them it is the proper way of disposing a body for it

releases the soul from the body to join the reincarnation cycle. However, they have faith that

when they throw or spread their dead cremated bodies into the water that they will be free from

the reincarnation cycle. This is why cremation sites are abundant near the river banks. Even half

decomposed bodies are thrown into the water. 7Regarding the pollution and the health hazard

that the river brings, the followers of Ganga take no notice of such facts for they still believe that

the river delivers the purest of water and that it can heal itself as a holy entity.

2.1.4 The Rights of a River

From the crystal clear and clean water flowing from the Himalayas, it flows through

populated areas of India where it is contaminated by untreated sewage and various wastes that

6
Ganga Action Parivar(2019). Festivals Along the Ganga. https://www.gangaaction.org/about-
ganga/people/spirituality-culture/festivals-along-the-ganga/
7
Richard, J.(2016, August). Super Interesting Traditions & Practices That Happen On The Ganges. Retrieved from
https://www.ranker.com/list/the-ganges-river-ceremonies-and-traditions/jeffrichard
when it reaches the sea through the Bay of Bengal it is a mixture of toxic chemicals that show

the very meaning of water pollution.8 Various environmental efforts to clean the Ganges river

have been implemented and one of these efforts is granting the river with rights to be a legal

entity. It was on March 20, 2017 that the Ganges river was legally recognized and was granted

rights to be a legal entity with the Chief Secretary and the Advocate General as "legal parents".

However, there have been issues brought to the Supreme Court of India that such decision is in-

implementable, "unsustainable in law" and such concepts that follow it such as "duty of the

river" is unclear. Furthermore, in relation to the part of legal parents, the area in which the

problem of the Ganges river the area and issues to tackle is too broad and wide in scope for the

capacity of the officials to tackle. 9

The water entity has been given the same legal rights as humans, a decision that was

made to alleviate the pollution problem and as well as to protect the river Ganga. From such

action, looking at it in a legal perspective, when one does harm to the river such as

contaminating or contributing damage to it will technically be similar to harming a person.

Through this they take on a new approach in confronting the problem of the river saying that

they invested in the wrong areas before such as infrastructure, technology, ownership and

management instead of governance. The court's decision in the Northern Indian State of

Uttarakhand declared the rivers Ganges and Yamuna to have the status that of living human

8
Gopalakrishnan, R.(2019, January). Saving a river: Pollution in India's holy Ganges makes it toxic.
https://www.reuters.com/article/us-india-ganges/saving-a-river-pollution-in-indias-holy-ganges-makes-it-toxic-
idUSKCN1PC0CT
9
Press Trust of India (2017, May). Ganga living entity case: Govt turns to Supreme Court to challenge HC order.
https://www.business-standard.com/article/current-affairs/ganga-living-entity-case-govt-turns-to-supreme-court-
to-challenge-hc-order-117052100454_1.html
entities to which was celebrated by many environmentalists.10 However, the effectivity of such

an order to the problem of pollution of the Ganges river is still under question.

2.1.5 Indian Water Laws and Policies

The environmental issue that the river and the country of India that is confronted with is

multifaceted in terms of its causes and problems be it socio-economic, political, and cultural.

There have been many laws, policies, projects, and community mobilizations have been

implemented and conducted by the government, non-governmental agencies, environmental

organization both national and international to answer to the growing threat that is the river

Ganga. The history of the water laws and policies of India go back centuries ago it shows the

evolution that it goes through and the considerations and adjustments that were made as well as

the influences for such laws and policies to be enacted. Looking at the historical contest of it will

see the reason behind each water law in every period. The pre-colonial history of the water laws

of India can be divided into ancient India and medieval India which were founded on customs,

written codes, and religion.

In ancient India, back in 2500 BCE, during the existence of the Indus Valley civilization

water played a vital role in irrigation and for personal use. Since agriculture was their main

source of employment, agricultural settlements increasing in number near the river banks, it was

through their belief in their religion such as practicing Jainism and Buddhism that they learned to

conserve their natural resources, build reservoirs and plant trees. The Hindu Water Law was

what followed; in its wholeness it expresses the harmony of human beings with nature. Water as

it was considered indivisible; traditions such as the Laws of Manu were referenced for the water

10
Safi, M.(2017, March). Ganges and Yamuna rivers granted same legal rights as human beings.
https://www.theguardian.com/world/2017/mar/21/ganges-and-yamuna-rivers-granted-same-legal-rights-as-
human-beings
laws during such a period. That water works be developed to benefit everyone and such pollution

and diversion of water for their own benefit shall be prosecuted and punished. Islamic Water

Law was also established with its principles that water is a gift from god and no one person can

own it. Colonial and Post-colonial laws made an impact in the formulation of such laws, it made

things more technical.

In the past years, concepts of human rights with the social environmental aspects of

water,importance and development of dams, and agreements with neighboring countries with

regards to water issues have evolved. The Water Act of 1974 was enacted to prevent and control

the problem of water pollution, it provided guidelines to discharge sewage, power to take

emergency measure by specifying the duty of the state pollution board to intervene and stop

such events of damaging and polluting the water bodies, and to maintain and restore the aquatic

resources.11 Even though it is a fact that the subject of water was of national issue, there was still

no national policy for it which greatly affects the integration of water policies. It was only in the

1980's that the National Water Policy was developed and was reformulated in 2002. It was

inclusive to the participation of stakeholders in water management, water management and

monitoring, conservation, development of infrastructure and facilities, enhancement and

maintenane of water works, proper training of personnel, and improving and ensuring the saftey

requirements of buildings constructed. The national policy has state water policies to supplement

it, harboring the same principles. the policies promoted a stakeholders approach for a more

effective implementation process, which is why it gave importance to the participation of each

sector from the planning phase to the devolution and decntralization of control to the users.

11
Commonfloor(2014, June). Water Act 1974 to prevent and control water pollution. The Evolution of the Law
and Politics of Water, 159. Retrieved from https://www.commonfloor.com/guide/water-act-1974-to-prevent-and-
control-water-pollution-43718.html
12
These water policies in its entirety promote the use of incentives for the efficient and

productive use of water.

Movements and initiatives were implemented for the pollution control and cleanup of the

river such as the Ganga Action Plan I in 1986 and Namami Gange in 2015 which was

implemented by the National Mission for Clean Ganga however efforts of both projects

delivered no change to the status of the river. Task forces and councils were also created

however the objectives were not just met. Goals to make Ganga clean was promised to be

fulfilled by 2019 which extended to 2020 this happened with Nanami Gange, and such turn of

events also happened to other initiatives wherein their objectives and man goal were not met

which is to answer to the pollution problem of the Ganges.13

12
Cullet, P. & Gupta, J(2009). EVOLUTION OF WATER LAW AND
POLICY IN INDIA. Dordrecht: Springer Academic Publishers[PDF file]. The Evolution of the Law
and Politics of Water, 159. Retrieved from http://www.ielrc.org/content/a0901.pdf
13
Kaur, B.(2019,May).
Namami Gange: 5 reasons why Ganga will not be clean by 2020. Retrieved from
https://www.downtoearth.org.in/coverage/water/namami-gange-5-reasons-why-ganga-will-not-be-clean-by-
2020-61891