INTER-STATE RIVER WATER SHARING DISPUTES IN INDIA: APPLICATION OF NO HARM PRINCIPLE - OBLIGATION NOT TO CAUSE SIGNIFICANT HARM AMONGST STATES

DOI: https://doi.org/10.5281/zenodo.19222161

Authors:

Harmeet S Sachdeva, Dr. Ankita Sharma

Abstract:

In India’s interstate river water disputes, the principle of obligation not to cause significant harm plays a critical role in shaping the framework for cooperation and dispute resolution. This principle seeks to ensure that the activities of one state do not negatively impact another state's access to shared water resources, promoting a fair and equitable distribution of trans boundary water resources, enhancing transparency, no adverse impact on environment and ecological system. Besides avoiding damage, states must utilize shared water resources fairly and sensibly. This paper analyses and examines the practice of doctrine of ‘No Harm Principle’ that is the obligation to refrain from causing significant harm, as a vital component of international environmental law and the management of water resources, especially in river water sharing disputes in India. It basically states that countries are required to make sure their actions do not inflict significant damage on the environment, ecosystems, or the shared resources of neighbouring nations. This paper highlights the relevance of the said principle in the context of river water disputes. In India, several river basins feature an intricate network that cover several states, with numerous rivers like the Cauvery, Narmada, Krishna, Mahanadi, and Godavari being utilized by two or more states and rivers Indus, Ganges, and Brahmaputra covering two or more nations including India. These shared water resources frequently result in disputes regarding water use. This paper highlights the significance of no harm principle through various judgements/decisions in resolving the inter-state conflicts that one state's actions should not negatively impact the water availability or quality for other states that share same river, and that there should be no detrimental effects on the environment and ecological systems of the respective states. This paper evaluates to what extent this principle has been adopted explicitly or implicitly in India’s inter-state water management system. This paper examines its theoretical basis and evaluates its limited integration into India's domestic inter-state river dispute framework. It analyzes constitutional design, tribunal practice, political economy influences, and institutional shortcomings. The paper concludes with recommendations for incorporating procedural safeguards such as mandatory notification, environmental impact assessment, data transparency, and improved river basin governance mechanisms.

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