Pani Panchayats – Decentralized Water Management

Brief History of Local Self-Government in India

The idea of devolution of power to local self-government took legislative shape with the passage of the 73^rd and 74^th Constitutional Amendments, which provides Constitutional recognition to a third tier of the federal structure. These Constitutional Amendments, which were passed by the Parliament in December 1992, provided the necessary impetus for the consolidation of a decentralized polity. The 73^rd Amendment added Part IX titled “The Panchayats” (an assembly of five persons) to the Constitution for better management and resolution of issues at the village level. Panchayats, hence, are looked upon as instruments of grassroots governance and participatory development. The Father of the Nation Mahatma Gandhi had strongly pleaded for strengthening of village Panchayats for effective decentralization of economic and political power in India. Even the British rulers who were known to have favoured centralization of power to keep the control of Indian affairs in their own hands acknowledged the importance of local self-government in India. Lord Mayo, the then Viceroy of India, passed a resolution suggesting decentralization of powers in Indian administration in 1870. It was a remarkable landmark in the evolution of colonial policy towards local autonomy followed by the local self-government resolution (1882) of Lord Ripon. Another significant British-era development in the direction of local self-government was the “Royal Commission on Decentralization” which was constituted in 1907 under the chairmanship of Charles Hobhouse. It presented its comprehensive report in 1909 which suggested “relaxation of control of higher authorities and simplification of administrative methods”. One of its key recommendations was “to expand the area of working of the local self-government.” The Commission also pointed out the importance of Panchayats at the village level. The commission further recommended that “it is most desirable alike in the interest of decentralization in order to associate people with the local tasks of administration that an attempt should be made to constitute and develop village Panchayat for the administration of local village affairs.”

The Government of India Act 1919 enabled establishment of several village Panchayats in a number of provinces, a trend that continued after the Government of India Act 1935. Emerged in the evolution of this legislative history of local self-government in India are the roots of Pani Panchayats, which this piece aims to talk about as a successful model (case study of Odisha) for water management in a country that increasingly grapples with the issue of ineffective water governance. The Panchayats play an important role in every sphere of governance, especially in rural areas. However, its contribution in managing water is ever more significant as water is a resource fundamental to life whose management requires effective decentralized planning. It is because of this reason that in the Constitution, Water is a matter included in Entry 17 of the State List, subject to the provisions of Entry 56 of the Union List.

Historical Background of Pani Panchayat 

It was the vision of late Vilasrao Salunkhe (popularly known as Pani Baba) who, in the backdrop of the severe drought of 1972 in Maharashtra, wanted to remove the very cause of recurring droughts and create conditions through absolute “participatory-approach” to raise the economic and social conditions of the common people that led him to the concept of Pani Panchayats. Aiming for “equitable water distribution”, Salunkhe initially employed his idea of watershed management in Naigaon village of Maharashtra where a series of contour bounds were erected to hold water and prevent soil erosion. At the base of the hill slope, percolation tank to store rainwater was constructed while a well was dug below it to pump water from there to the hill slope for irrigation. It paid off as crop productivity gradually increased. Eventually, a trust – Gram Gaurav Pratisthan (GGP) was initiated in 1974 which has been the “back bone to various development and projects carried out under Pani Panchayat.” The approach adopted was voluntary, bottom-up and flexible, which are the key to participatory management. Clearly, decentralized decision-making and community participation are at the helm of Pani Panchayats wherever they are practiced and strive to ensure equity in water distribution, proper upkeep of irrigation systems (operation and maintenance), sustainable utilization of water (demand management), resolution of disputes between various water user groups amicably including rights of the landless and collection of Pani Patti (cost management).

PP Act in Odisha – Devolution of Water Management to Panchayats 

The Pani Panchayats Act of Orissa clearly gets its inspiration from the words of late Vilasrao Salunkhe who believed that “water had to be treated as common property with all villages having equal rights and access to it”. Having framed its state water policies in line with the National Water Policy 1987 underscoring the need of coordinated approach to the state water resources development, Orissa decided to experiment with Pani Panchayats concept in 2002 to optimize the utilization of water by farmers for improving agricultural production and to involve the farmer’s organizations for “smooth management of self-owned responsibility for the maintenance of irrigation system”. It turned out to be a paradigm shift in the management of irrigation systems through “participatory irrigation management”. As per the Act, the objectives of the farmers association is to: a) to promote and secure distribution of water among its users, b) adequate maintenance of the irrigation system, efficient and economical utilization of water to optimize agricultural production, c) to protect the environment, and to ensure ecological balance by involving the farmers, d) inculcating a sense of ownership of the irrigation system in accordance with the water budget and the operational plan. This Act is one of the few examples of active devolution of water management from state to Panchayats through legislation.

Backed by Pani Panchayats Act (2002) and two subsequent Amendments to it (2008, 2014), “participatory irrigation management” has been flourishing in Odisha. The success of Sunei Medium Irrigation project of Mayurbhanj district is a case in point. The efficient coordination amongst Pani Panchayats under the supervision of the project committee coupled with adherence to rotational irrigation practice (beginning with the tail end of the command area) led to a whopping 36% increase even in a drought-like situation in 2015-16 Kharif season.

The decision of the Project Committee and Pani Panchayats to restrict paddy cultivation during Rabi season also proved to be effective in maximizing output. As on 31^st May 2018, altogether 30,033 Pani Panchayats have been programmed, out of which 28,105 have been formed in the state by conducting elections.

Not only such participatory irrigation management brings equity in water distribution, improve crop productivity through collective effort and create a sense of ownership among the farmers for the irrigation infrastructure, it also integrates women into the mainstream through a provision in Pani Panchayat Act to reserve 33% women at the chak level. The formation of Water Users Associations in all categories of irrigation commands supplements this participatory approach.

Besides, through Asian Development Bank (ADB) assistance, 251 Pani Panchayats have been identified to strengthen activities in 6 Medium and 5 Major Irrigation projects in Odisha. The assistance would include strengthening of Operation & Maintenance (O&M), Command Area Development (CAD), Agriculture Livelihood and Skill Development support activities. In this regard, orientation-cum-onsite interactive training programmes of Pani Panchayats have been conducted in ADB sub-projects with the help of Water and Land Management Institute (WALMI), Odisha in which, agriculture and horticulture officers along with the officers of CAD-PIM Directorate participated to educate the Pani Panchayat members on different field activities. In June 2018, a team conducted such onsite interactive training programme of Pani Panchayat members of High Level Canal, Range-I sub-project at Kaema of Jajpur District, Kanjhari Medium Irrigation Project at Jhumpura of Keonjhar District, Kansbahal Medium Irrigation Project at the dam site in Sundargarh district, which have been completed successfully.

The Pani Panchayats in Odisha have, indeed, proved to be an excellent platform for increasing agricultural productivity and improve economic condition of the farmers.

Pani Panchayat (PP) Act, 2002 and Rule-2003 was enacted to provide statutory backing to the Water Users Associations (WUAs) with necessary Amendments in 2008 and 2014 for better implementation and higher participation. The Act, which provides for farmers’ participation in the management of irrigation systems through efficient and equitable supply and distribution of water ensuring optimum utilization by farmers, states:

• scientific and systematic development and maintenance of irrigation infrastructure is considered best possible through farmers’ participation;
• And whereas, such farmers’ organization have to be given an effective role in the management and maintenance of the irrigation system for equitable and dependable supply and distribution of water;
• And whereas, it necessary in the State of Odisha to enact a law for farmers participation in the management of irrigation systems by way of forming Pani Panchayat.
• …such farmers’ organization means and includes Pani Panchayat at the primary level consisting of all the water users, as constituted within a specified hydraulic boundary of a major, medium and minor irrigation projects funded by the government.