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Ensuring Access to Clean Water in Bangladesh:

Challenges and Solution for Upholding the Basic Human
Rights in Context of Bangladesh and International Laws.

ACKNOWLEDGEMENT
 Page |2

Firstly, I would like to express my utmost gratitude to the Almighty for blessing us with the
strength to keep going and my heartiest thanks to our respected course instructor, Lecturer
Maksuda Sarker ma’am, a true guide and teacher who provided us with his prudent guidance
and best wishes for the successful accomplishment of this work in time. Last, but not least, I
would like to express my love for my beloved parents who never left by any means to ensure my
utmost comfort, safety, and well-being in every sphere of life.
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Table of Contents

TOPIC PAGE NO.

Abstract 5

Introduction 6

What is the right to access clean water? 7

International Instruments on Right to clean water 8

Right to clean water in the Context of Bangladesh 9

The current situation in Bangladesh with respect to water rights 10

Reasoning 11

Solution 12

Conclusion 13
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Abstract

Access to safe, pure and clean water is a basic human right. Despite that, many people around the
world, including in Bangladesh, still face challenges in accessing it properly. This paper
scrutinizes the challenges and opportunities for ensuring access to clean water in Bangladesh,
particularly focusing on the country's legal framework and its alignment with international
environmental laws. In the paper, there has been mentioned an overview of the current state of
water access in Bangladesh, including the disparities in access among different areas. I have also
mentioned about the legal framework for the right to water in Bangladesh, and its alignment with
international environmental laws, including the United National Sustainable Development Goals.
The paper has included with discussion on potential opportunities for overcoming these
challenges. By examining the challenges, I hope to contribute to the progressing efforts to uphold
this basic human right; right to clean water, both in Bangladesh and around the world.
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Ensuring Access to Clean Water in Bangladesh: Challenges and

Solution for Upholding the Basic Human Rights in Context of
Bangladesh and International Laws.

Introduction:

Human existence depends on access to clean water, which is also important for the fulfillment of
fundamental human rights including the right to life, proper housing and health care1. However,
2.9 billion people do not currently have access to sufficient water sources2, and every day, 8,000
children under the age of five pass away from illnesses due to the consumption of contaminated
and hazardous water.3 With an emphasis on establishing a human right to water, international
organizations like UNICEF, the World Bank, and the WHO have been striving to solve this
issue. Although the right to water is acknowledged in several international agreements, the legal
system has not yet evolved to adequately promote and enforce it. While some international
documents recognize a right to water, the legal regime has not developed in a way to effectively
advance and enforce it. The constitutions of different nations, including South Africa and
Bangladesh, have incorporated the right to water, although its effectiveness in securing access to
water is uncertain. In accordance with the different articles of the constitution of Bangladesh and
other local and international instruments it is necessary that people get safe and secure water.

Bangladesh is dealing with a serious water contamination disaster that endangers the lives and
well-being of its people. Flooding and drought have occurred as a result of the nation receiving
too much water during the rainy season and too little during the dry months of the year.4
Furthermore, the quality of surface and groundwater is declining, which poses a serious risk to
public health. Salinity has also impacted water quality, rendering it unfit for cultivation and for
drinking. Canals are drought and rivers are being polluted by various means every moment.5 A
disaster of water governance in terms of administrative, regulatory and financial incapacity
hinders the opportunity to access safe and clean water. Moreover, disproportionate uses of water,
lack of knowledge about safe water, violation of laws, and absence of structural ideas on
sustainable water management are significantly and critically important issues in terms of ‘access
to water’. There has been some significant judicial activism recently in regard to the four rivers
of Dhaka city by declaring their legal entities, but the problems and contamination are still
1
Albuquerque C de, Roaf V, On the Right Track-Good Practices in Realising the Rights to Water and Sanitation
(Lisbon, 2012)
2
Bulto TS, ‘The Emergence of the Human Right to Water in International Human Rights Law: Invention or
Discovery?’ (2011) 12 Melbourne Journal of International Law 1
3
Cahill A, ‘The Human Right to Water – A Right of Unique Status’: The Legal Status and Normative Content of the
Right to Water’ (2005) 9(3) The International Journal of Human Rights 389
4
Barkat A, Hussam A, ‘Provisioning of Arsenic-free Water in Bangladesh: A Human Rights Challenge’, paper
prepared for a workshop on Engineering, Social Justice, and Sustainable Community Development, Washington DC,
2-3 October 2008
5
Chowdhury NT, ‘Water Management in Bangladesh: An Analytical Review’ (2010) 12 Water Policy 32
 Page |6

ongoing,ng and it’s deeply rooted and needs to be addressed and resolved. Moreover, As
Bangladesh has ratified and is part of major international human rights instruments including the
UDHR, ICCPR, and ICERSR, it is efficacious to examine its outcomes and responses to the
emerging human right to clean and safe water.

What is the right to access clean water?

Everyone has the right to get enough water for personal and household usage that is also
sufficient, safe, acceptable, accessible, and inexpensive6. Moreover, the environment of water
sources such as rivers, waterfalls, and canals need to be clean so that nature remains safe and
sound. Various international instruments and Organizations such as United Nation has declared
access to clean and safe water as a Fundamental Human Right. 7 The survival, health, and
dignity of humans depend on having access to clean water. Additionally, it is essential for
sustainable development since it makes it possible for people to live healthy, productive lives
and to make a difference in the development of their communities. 8

For humans as well as other life forms to survive, water is a crucial natural resource. On the
planet, there is a lot of water, with about 70% of the surface covered with it. But when we
discuss the availability and accessibility of clean water, a dilemma arises. Given the scarcity of
clean water and the world's expanding population,9 it is crucial to effectively manage its
consumption and distribution. In the midst of this conundrum, the question of whether
individuals have a right to water and, if so, what exactly this right entails arises.

There are three generations of rights, the first of which are civil and political rights, which act as
a deterrent to the individual against state excesses.10 These rights are a natural part of their being.
The equality-related second generation of human rights is basically of an economic, social, and
cultural nature. To exercise these rights, certain infrastructure is needed. All rights that are not
covered by the first two generations of rights, such as environmental rights, are included in the
third generation of rights. The support of society as a whole is necessary for these rights in
addition to infrastructure.

Given that, water is a component of the environment and that these rights cover its preservation
and use, the right to water would be considered to be of the third generation11. Regarding its

6
Good, Meg (2011) ‘Implementing the Human Right to Water in Australia’, 30(2) The University of Tasmania Law
Review 107.
7
Gadgil AJ, Derby EA, ‘Providing Safe Drinking Water to 1.2 Billion Unserved People’, paper presented to the 96th
Annual AWMA Conference, San Diego, 22-26 June 2003 <www.escholarship.org/> accessed 2 May 2023
8
hoshray, Saby (2006-07) ‘Searching for Human Rights to Water amidst Corporate Privatization in India: Hindustan
Coca-Cola Pvt Ltd v Perumatty Grama Panchayatand’, 19 Georgetown International Environmental Law Review
643.
9
Cavallo GA, ‘The Human Right to Water and Sanitation: From Political Commitments to Customary Rule?’ (2012)
3(5) Pace International Law Review Online Companion 136
10
Hale, Sarah I (2006) ‘Water Privatization in the Philippines: The Need to Implement the Human Right to Water’,
15(3) Pacific Rim Law & Policy Journal 765.
11
Hardberger, Amy (2005) ‘Life, Liberty, and the Pursuit of Water: Evaluating Water as a Human Right and the
Duties and Obligations it Creates’, 4(2) Northwestern Journal of International Human Rights 331.
 Page |7

application and distribution, it would also fall under the second generation of rights because
rights based on equity and equality are a component of this generation.

It goes without saying that the enjoyment of the right to water depends on infrastructure. Nations
need institutions like laws governing its use, chemical exposures, water treatment, waste disposal
mechanisms, and bodies set up to regulate such use in order to preserve water, water bodies,
glaciers, etc. Therefore, as people have a right to water, the water needs to be conserved and
protected. 12

International Instruments on Right to clean water:

Currently, there are no international instruments that enforce the right to water. The UDHR,
ICCPR, ICESCR, General Comment No. 15 of the Committee on Economic, Social, and Cultural
Rights, and United Nations General Assembly Resolution 2010 are important instruments for the
establishment and advancement of human rights. The UDHR recognizes the inherent dignity and
unalienable rights of every member of the human family, and states must respect, protect, and
fulfill the right to water. However, it is impossible to guarantee this right without an explicit
provision, as it would require proof that a right to water is actually implied in the right to an
adequate standard of living.

The International Covenant on Civil and Political Rights (ICCPR) and International Covenant on
Economic, Social and Cultural Rights (ICESCR) were established in 1966 to recognize and
protect specific civil and political rights. However, the ICCPR does not explicitly mention the
right to water, but many supporters of human rights argue that it is implied in the Covenant's
article 6. It says, because water is important for survival, the right to life includes the right to
water.

The ICESCR is more comprehensive but has a limited impact on the realization of the right to
water. The ICESCR is not clear on the normative implications of its rights, leading to courts and
judicial bodies viewing them as unenforceable. The United Nations General Assembly
Resolution 2010 designates the right to water as a fundamental human right, but it lacks legal
authority. It is encouraging to see that the world community is moving forward with the
recognition of a right to clean and safe water.

The United Nations General Assembly passed a resolution in July 2010 designating the right to
water as a fundamental human right. For advocates of the right, this was a tremendous
advancement. However, General Assembly decisions lack legal authority, in part because they
do not specify international law. Simply recognizing that everyone has a moral obligation to get
clean water is all that the new resolution says.

Since these are not specified and no clear "map" has been created to realize them, it is unclear
what the exact status and nature of the rights that the resolution offers are. Therefore, it can be

12
Shelton, Dinah, ‘Human Rights, Environmental Rights, and the Right to Environment’ (1991) 28(1) Stanford
Journal of International Law 103.
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stated that no legally binding international document expressly recognizes the human right to
water.

Right to clean water in the Context of Bangladesh

The Constitution of Bangladesh states the fundamental rights of its citizens and recognizes the
state's responsibility to meet those persons' basic requirements for things like food, clothing, and
shelter. medical and educational services13. In this regard, the right to water is acknowledged
within the food category, but the right to water is not specifically or explicitly included in any
articles or clauses. However, According to Article 15 of the Bangladeshi Constitution, clause
(a),it shall be the fundamental duty of the State to achieve, through planned economic growth, a
constant increase of productive forces and a steady improvement in the material and cultural
standard of living of the people, with a view to securing its citizens through the provision of the
basic necessities of life, including food, clothing, shelter, education, and medical care14.
Moreover, under Article 18 of the constitution, the implementation of a right to water has been
helped in some indirect ways. which states that the State shall regard raising the level of nutrition
and improving public health as one of its primary duties.

According to the Appellate Division in the case of Rabia Bhuiyan v. Ministry of LGRD and
others (1999), the Environmental Conservation Act of 1995 and the Environmental Conservation
Rules of 1997 require the government to ensure that communities have access to clean and safe
water. The court further stated that failure to uphold legal obligations to give access to clean,
drinkable water is a violation of the constitutional rights to life protected in Articles 31, 32, 15
and 18.15

In 1998, in accordance with Article 18 of the Constitution, the government formulated a National
Policy for Safe Water Supply and Sanitation to enhance public health. The purpose of this Policy
was to ensure proper surface water storage, management, and use and to prevent its
contamination16. The government also adopted a National Water Policy (NWP) in 1999, the
purpose of which is to ensure the availability of water to all people in society, including the poor,
backward, and the disadvantaged. These two non-binding policies paved the way for the 2013
Water Act, which now regulates all aspects of water in Bangladesh.17 Based on the National
Water Policy of 1999, the Act aims of the Act is to attain the integrated development,
management, extraction, distribution, usage, protection, and conservation of Bangladesh's water
resources. It stipulates that allocation rules will serve as the formal mechanism for determining

13
Human Rights Watch (2012) ‘Bangladesh: Scrap New Commission to Restrict NGOs, Body is “Smokescreen” for
Government to Control Civil Society,’ 11 September <www.hrw.org/>.
14
Constitution of Bangladesh. (Up to 15th Amended Version). Dhaka: The Government of the People’s Republic of
Bangladesh.
15
Suliman, N. (2018). Dhaka yet to ensure safe water for all. Published at bbdnews24.com,
https://bdnews24.com/bangladesh/2018/04/30/dhaka-yet-to-ensure-safe-water-for-all, accessed 22nd December
2019.
16
WorldBank. (2016). Challenges-Deterioration of access and growing sanitation threat. Bangladesh: Improving
Water Supply and Sanitation, http://www.worldbank.org/en/results/2016/10/07/bangladesh-improving-water-
supply-and-sanitation, accessed 22nd December 2019.
17
WorldBank. (2005). Bangladesh-Country Water Resources Assistance Strategy. Report No. 32312-BD;
Environment and Social Development Unit: Washington, DC, USA.
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who receives water, for what purposes, how much, when, for how long, and under what
conditions water use may be restricted.

Current situation of Bangladesh in respect to water right:

One of the key indications for determining whether a nation is developed or not is access to clean
water. The recognized international requirement for daily water usage is 110 liters (L/P/D),
however only 40 L/P/D are provided to one-third of the people in Dhaka18. Groundwater
depletion, haphazard water supply pipelines, illegal water line connections, misuse of supplied
water, pollution of surface water by industrial and garment wastes, dirty and foul-smelling
supplied water, and a lack of surface water preservation were identified as the root causes of the
water crisis in Bangladesh.19

Every year, many city residents experience severe water shortages during the summer, especially
from March to May, when DWASA is unable to extract enough water to meet the city's needs.
The extraction of groundwater provides 78% of the nation's water-related needs.20 However, it is
anticipated that groundwater levels will decline in many urban areas at a pace of 2-3 meters each
year. Additionally, it is anticipated that by 2050, the groundwater level will have dropped to 120
meters. Moreover, the treated water is distributed through filthy, offensive-smelling supply lines
in various locations. 21DWASA itself advises city residents to boil tap water before drinking due
to the difficulties in providing safe water in Dhaka. The residents of Dhaka currently use water
filters to obtain clean water that is free of unpleasant odors, diseases, and other water-borne
pathogens. In Bangladesh, the cost of treating diseases caused by contaminated water has
practically increased despite the use of water filters due to the ongoing degradation of water
quality.22

Uneven water distribution throughout the nation and in urban areas results in significant water
waste and pollution. Additionally, the water supply in Dhaka is currently unsanitary, according
to a regular complaints from its citizens about the occasional supply of muddy and foul-smelling
water. Poor locals find it challenging to purchase the bottled water they require on a daily basis.
In Dhaka, those with limited purchasing power suffer more than middle- or upper-class
residents23.
18
Kamol, Ershad (2009) ‘Stink in the Water’, Star Weekend Magazine (online), 13 February
http://archive.thedailystar.net/.
19
he Daily Star, ‘Dhaka under Salinity Threat’ (29 September 2012) http://archive.thedailystar.net/ accessed 2 May
2023
20
Forum-Asia (Asian Forum for Human Rights and Development), ‘Bangladesh: Odhikar Slams Newly Minted
Human Rights Commission Chief for being ‘Ineffective’’ (26 September 2008) <www.forum-asia.org/> accessed 2
May 2023
21
Haq, K. S. (2014). Water Crisis and Urban Poor: The Case of Poor Communities in Dhaka City, Bangladesh.
Developing Country Studies, 4(16).
22
University of Delaware. (2016). Water crisis in Bangladesh: Overpumping in Dhaka may threaten regional
groundwater resources outside the city. ScienceDaily,
www.sciencedaily.com/releases/2016/09/160928153550.htm, accessed 28th September 2016.
23
The Independent. (2017, July 13). Safe Water. Editorial Note, The Independent. Retrieved 21 December 2019,
from http://www.theindependentbd.com/arcprint/details/103649/2017-07-13.
 P a g e | 10

Access to bottled water or a personal water filter at home is more disadvantageous for those who
are severely impoverished. Due to the fact that these people reside in slums, they also lack direct
access to the water supply that DWASA or City Corporation24. Under emergency circumstances,
it was discovered that residents of slums are accustomed to purchasing water from specific water
service provider agents without taking their products' quality into account.25 They pay more for
water because there is such a huge demand for it in such a dire scenario. The overpayment and
excessive time consumption for water collection are two of the most frequently made complaints
from the residents. 26

Reasoning:

The main obstacles to water management regarding access to water in Bangladesh are (i) an
increase in demand for water and high pressure on traditional groundwater sources; (ii)
unfavorable effects of climate change that disrupt the water cycle, affecting the availability of
safe water for human and environmental health; and (iii) an elevated level of pollution as a result
of problems with poor sanitation.27

From the aforementioned three perspectives, it can be drawn that the water crisis continues to be
a severe issue for Dhaka and other near cities of people. This dilemma has developed as a result
of growing urbanization and contaminated surface and groundwater. The government's
unwillingness to take action to provide its inhabitants with adequate and safe water was also
noted at the time. It is important to note that many people of the city of Dhaka currently rely
significantly on private water suppliers and purchase water purifying devices or bottled water
without sacrificing the quality of the water.

Unfavorable health conditions were discovered to be caused by improper management and a lack
of frequent monitoring of water purification services. Overpumping of groundwater for city
inhabitants' water needs could endanger future people who would live outside the city. It is
significant to remember that Dhaka today has over 15 million inhabitants and has numerous
issues with regard to water management. Since the condition has persisted for a while, the
water's quality is now in doubt. The surface water is polluted by organic materials, harmful
metals, and other pollutants. The citizens of Dhaka complain that DWASA was unable to fulfill
its obligations. They do not, however, have faith in every private jar company. Due to prolonged
use without maintenance or repairs, as well as disruptions from other agencies like telephone and
internet line services and gas pipeline services, underground water pipelines have become

24
Islam, N. (2015, November 12). Living with unsafe water in Dhaka. The Third Pole. Retrieved 21 December 2019,
from https://www.thethirdpole.net/en/2015/11/12/living-with-unsafe-water-in-dhaka/.
25
Uddin A.F.M Azim & Baten, Mohammed Abdul. (2011). Water Supply of Dhaka City: Murky Future the Issue of
Access and Inequality, accessed 28th October 2011.
26
The Financial Express, ‘Rickshaw Puller in Dhaka Earns Tk 6,300 per Month: JICA Study’ (21 December 2013)
<www.thefinancialexpress-bd.com/> accessed 2 May 2023
27
Islam, S. (2013, May 7). Extreme weather increases salinity of water in coastal areas while excessive demand in
Dhaka leaves dwindling supply. The Guardian. Retrieved 22 December 2019, from
https://www.theguardian.com/global-development/2013/may/07/safe-drinking-water-disappearing-bangladesh.
 P a g e | 11

damaged. 6,000 tons of liquid garbage are disposed of daily in the main Buriganga, according to
a report by Bangladesh's Environment and Social Development Organization (ESDO).28

Additionally, all sorts of industrial waste, garbage from the city, and poisonous liquid are
immediately poured into those rivers and lakes. River grabbing has resulted in river constriction
and flow obstructions. Rivers dying have an impact on people's livelihoods, causing unbearable
and forcing displacement of common people.29

Solution:

To ensure the right to water of common people, there are some basic steps that need to be taken
immediately. Presently, the international right to water remains ambiguous and unimplemented30.
Respecting, protecting, and exercising a water right will not be possible until international
consensus codifies it. Therefore, this matter must be addressed in international forums. A new
international water agreement is likely required to codify the right. Such an instrument would
define the right to water in clear language and ensure that parties are legally obligated to take the
measures necessary for the right's prompt implementation. Regarding Bangladesh, the rule of
law must be implemented properly.

Moreover, to fully realize the right to water in Bangladesh, a number of Water Act deficiencies
must be addressed. These include its inability to address water quality and water pollution
effectively.31 The mere implementation of laws, policies, and strategies cannot guarantee the
right to water. Rather, persistent monitoring and supervision by the appropriate authorities are
urgently required. A greater degree of judicial activism could protect this privilege. Per Article
102 of the Constitution, the Supreme Court has an extraordinary writ jurisdiction, which could be
utilized more often to protect the people's right to water. 32

In addition, various public agencies lack coordination regarding the water supply facilities,
which must be properly monitored. The government should be more conscious about the rivers in
Dhaka as well as whole country’s and protect the rivers from pollution. Dragging the river, every
year, for smooth flowing of water, it should maintain as an essential source of surface water.
The government and authorities should be more aware and conscious about the rivers in Dhaka,
as well as whole country’s the , and protect those from serious damage. As an essential source of
surface water, the dragging of the river every year for smooth flowing of water should be strictly
maintained. Moreover, the authorities should implement appropriate behavior for the sustainable
use of water resources and promote water purifiers in a healthy manner.33 It will be simpler to
achieve the SDGs if the government revises and integrates its safe water policy for people who
28
Chowdhury, N. T. (2010). Water management in Bangladesh: an analytical review. Water Policy, 12, 32–51.
29
Daily Star. (2017, June 17). Safe water in all div cities by 2021: PM. The Daily Star. Retrieved 22 December 2019,
from https://www.thedailystar.net/city/safe-water-all-div-cities-2021-pm-1440856.
30
Kiefer, Thorsten and Brolmann, Catherine (2005) ‘Beyond State Sovereignty: The Human Right to Water’, 5 Non-
State Actors and International Law 191.
31
World Health Organisation (WHO), ‘Guidelines for Drinking-water Quality’, 3rd edition (WHO, 2008) Geneva.
32
Karim, Md Saiful, Vincents, Okechukwu Benjamin and Rahim, Mia Mahmudur (2012) ‘Legal Activism for Ensuring
Environmental Justice’, 7(1) Asian Journal of Comparative Law 1.
33
Begum A, ‘Problems in Implementation of Right to Water in Bangladesh’ <www.articlesbase.com/> accessed 2
May 2023
 P a g e | 12

must deal with water access and use. As an essential natural resource, water should be distributed
and utilized according to a proper system, and the authority should implement a reasonable fee
for water, as all the extremely poor in slum areas have the right to access safe water for a
sustainable way of life.34

Moreover, the government should create and develop a water awareness program that
emphasizes the city's current water crisis and projected future demand. To prevent all forms of
water-related hazards governments should implement an integrated water resource management
system to provide secure access to water services. All involved organizations must improve their
coordination and communication in order to achieve the goals set forth.

Conclusion:

Access to pure water is a fundamental human right that is essential for the health and growth of
individuals and communities.35 Due to a variety of socioeconomic and environmental factors,
ensuring access to clean water in Bangladesh has proven to be a difficult endeavor. The paper
highlights several critical challenges, including inadequate infrastructure, poor governance,
pollution, and climate change, which have contributed to the country's worsening water crisis.

In Bangladesh, there are opportunities to uphold fundamental human rights and improve access
to pure water despite these obstacles. Several measures, including policy reforms, infrastructure
development, community participation, and international cooperation, have been outlined in the
paper as potential solutions to the water crisis and safeguards for human rights in Bangladesh.

In addition, the paper has highlighted the significance of adhering to national and international
environmental laws and standards, which provide a framework for guaranteeing access to clean
water and protecting the environment. By adhering to these laws and cooperating, governments,
civil society, and international organizations can ensure that everyone in this country has access
to safe water, thereby protecting their fundamental human rights and enhancing their overall
quality of life.

34
World Health Organization (WHO). (2017). 2.1 billion people lack safe drinking water at home, more than twice
as many lack safe sanitation. News Release, Geneva, 12th July 2017, http://www.who.int/news-room/detail/12-07-
2017-2-1-billion-people-lack-safe-drinking-water-at-home-more-than-twice-as-many-lack-safe-sanitation, accessed
21st December 2019.
35
Hartley, Brett and Meter, Heather J Van (2011) ‘The Human Right to Water: Proposal for a Human Rights-Based
Prioritization Approach’, 19 Willamette Journal of International Law and Dispute Resolution 66.