WATER
1. It is submitted that, WATER which is one of the basic
necessities for human existence. Several debates, discussions, deliberations,
seminars across the world is being held or conducted on this vital subject
since it has effects on the very existence of the human race. Water is considered
a purifier in most religions.
2. Water is a chemical substance with the chemical formula
H2O. Water covers 70.9% of the Earth's surface, and is vital for all known
forms of life. On Earth, 96.5% of the planet's water is found in oceans, 1.7%
in groundwater, 1.7% in Glaciers and the ice caps of Antarctica and Greenland,
a small fraction in other large water bodies, and 0.001% in the air as vapor,
clouds (formed of solid and liquid water particles suspended in air), and
precipitation. Only 2.5% of the Earth's water is fresh-water, and 98.8% of that
water is in ice and groundwater. Less than 0.3% of all freshwater is in rivers,
lakes, and the atmosphere, and an even smaller amount of the Earth's freshwater
(0.003%) is contained within biological bodies and manufactured products.
3. Safe drinking water is essential to humans and other life
forms. Access to safe drinking water has improved over the last decades in
almost every part of the world, but approximately one billion people still lack
access to safe water. However, some observers have estimated that by 2025 A.D.
more than half of the world population will be facing water-based
vulnerability. A recent report by World Health Organisation (November 2009)
suggests that by 2030, in some developing regions of the world, water demand
will exceed supply by 50% and thereby water plays an important role in the
world economy.
4. This natural resource is becoming scarcer in certain
places, and its availability is a major social and economic concern. Currently,
about a billion people around the world routinely drink unhealthy water. Most
countries accepted the goal of halving by 2015 the number of people worldwide
who do not have access to safe water. Even if this difficult goal is met, it
will still leave more than an estimated half a billion people without access to
safe drinking water. The World Health Organization estimates that safe water
could prevent 1.4 million child deaths from diarrhea each year. Water, however,
is not a finite resource, but rather 30 re-circulated as potable water in
precipitation in quantities many degrees of magnitude higher than human
consumption. Therefore, it is the relatively small quantity of water in reserve
in the earth (about 1% of our drinking water supply, which is replenished in
aquifers around every 1 to 10 years), that is a non- renewable resource, and it
is, rather, the distribution of potable and irrigation water which is scarce,
rather than the actual amount of it that exists on the earth.
5. Water being an integral part of living creatures is an
inseparable part of human beings. On the one hand, the population of the
country is increasing in manifold numbers and on the other hand, the water
resources to cater to the needs of these populace is dwindling day-by-day and
thus a balancing act is required to be maintained.
6. Your kind attention is drawn to the provisions Food Safety Standards Act, 2011, provided under section 2.1.2(5), which gives clear interpretation that any water which is produced only for consumption purpose and transported in sealed containers from the place of production. However, our members only process the water so that the impurities therein are removed so that the said water can be safely used for any sort of industrial and such other personal purpose. Even the water so produced by us is never claimed or recommended by us for drinking purposes. It is important to be noted here that there are hundreds of us of water and mainly they are used for other purposes and the local authorities are unable to meet the need of the community for purified water and particularly during the season of summer. The “Jalseva” given by our members do not attract the provisions of said section or definition of food as is provided under section 3(j) of the said Act. “Jalseva” is a service provided to the community at par with the water supplied by any Municipal, Gram Panchayat or any water supply autonomous authority and it cannot be differentiated only for the sake of taking harsh action against the members. Hence, it is a clear position of law which cannot be denied by any sane person that any activity of production which is not specified or recommended for human consumption, and which do not fall in either of the definition or schedule, do not fall within the ambit of the said Act of 2006 or any other law for the time being in-force and therefore, the process of manufacturing or any of the allied activity undertaken and carried out by our members do not fall within the jurisdiction of your department and in turn, any of the officials sub-ordinate to your kind authority nor even any of the members, whose activity do not fall within the ambit of the said Act, can be asked for production or applying for any such licence under the said Act.
7.
It is important to be pointed out that there is a department known as Pollution
Control Department and your attention is drawn to the Circulars issued by the
said Department. As per the said department and such other departments, it is
specifically reported that the water so supplied through the public
distribution system contains hazardous impurities/TDS and even at certain
places, even the same cannot be used even for washing utensils or cloths. Our
services are mainly for providing water which is purified and free from such
impurities so available in the water of public distribution system which is
used mainly for other uses and very small part thereof is used for drinking
purposes. Wherever, there is a shortfall in the supply of pure water through
the public distribution system, our Jalseva members make pure water available
for being used for other purposes to the needy people. Though we never
recommend or prescribe for use of our water for drinking purpose, as to
wherefrom your officials are drawing conclusion that we are producing water
only for “drinking purpose” or designating it as “food” is a riddle for the
members of the association.
8.
Inpsite of this, if your kind authority is of the opinion that there the
product manufactured/produced by us is a “Food” or is only meant for “drinking”
purposes, for which, a licence/registration is needed to be procured by our
members, in this eventuality, we request your kind authority to convey us in
writing as to from which source or evidence this conclusion has been drawn by
your kind authority.
9. It is further submitted that following the uneven distribution of rainfall in 2011 and 2012 the state is facing severe water scarcity in western Maharashtra, Marathwada and Northen parts of Maharashtra and Vidharbha. In many towns and villages, due to shortage of funds, drinking-water-supply schemes for drinking water are lying incomplete in several towns and villages. It is admitted fact that in number of District of Maharashtra State peoples are not getting potable drinking water and same is the situation about the cattle’s. That due to shortfall of rain in various region of Maharashtra the farmer are in troubles. That the State Govt. of Maharashtra has received Rs.574 crore from the Centre as a part of Rs. 1207 crore drought-relief package declared in early March of 2013. And the amount will be utilized for supplying drinking water to affected area of Maharashtra. That over all in India due drought situation in various State Centre has allocates Rs.29,000 crore to disaster hit state.