Evidence Based Impact Assessment Audit of Safeguard Policy Violation by ADB Bank Financed MSEDCL Project at Maharashtra - Issues of non-compliance on Indigenous People & social environmental safeguard violation.

Tribal belts of Maharashtra are using from very ancient times "Water Pit" and small accumulated pond. This is surface water. This surface water is disturbed or quality of water on the surface is spoiled if  groundwaters are extracted without mind. The Water Pits are lifeline for the tribal population. The tribal people (Indigenous People) are more at risk in Vidarbh and other region of Maharashtra. They are completely dependent on such "Water Pits". The ADB Bank project at Maharashtra, giving free license to the electrical water pump owners to remove as much as underground water, they  desired,  shall disturb the water level chart with severe threat on the environmental and social issues. This risk threat is completely missing from the three safeguard monitoring audit conducted by the MSEDCL and submitted to the ADB Bank in the project of "Maharashtra Rural High Voltage Distribution System Expansion Program". The consultation process with the "Indigenous People" in eight different villages have also not been conducted. The Indigenous People  have not been warned and apprised that the ADB Bank Project shall soon cease the potential  availability of drinking water. This needs again high quality safeguard audit in the ADB Bank Project with apprising the Indigenous People  about the risk - threat from this project. This is also poor quality of audit, where mind has not been applied. So far the safeguard report,  only satisfies the conduct of the  executing agency. The ADB Bank should conduct independent third party safeguard audit to get more safeguard policy violation points    

Refer the abstract of ADB Safeguard Policy clause violation, which has been attracted here in this project . The abstract clause is given in the end of this report. 

*Birendra K Jha

For the ADB Bank funded project on the  "Maharashtra Rural High Voltage Distribution System Expansion Program", the MSEDCL  has submitted so far three times the safeguard monitoring report. The three reports are without mind. Professional excellence required in such reports are completely missing.

These reports,  ignore completely the sustainability issues at depth and failed to coverup the Indigenous People concern and their vital living issues, that has impacted from this project. This is demonstrated here in depth. The ADB Bank has caution to stop the work on this project and conduct first Impact Assessment Audit on the Environmental and Social Risk Assessment with fresh mind from a qualified Impact Assessment Auditor. 

Since people engaged by MSEDCL for safeguard audit  are not trained. They do mistakes in understanding the sustainable and legal points, which are missing completely here. They further do mistakes, for  not adopting high professional standards in conducting the sound "Quantitative and Qualitative Analysis". This ongoing project at Maharashtra is mass violation of the ADB Safeguard Policy 2009. This breaks the sustainable and Indigenous People issues. The project generates wide adverse risks and impacts on human populations and the environment. The safeguard auditor has failed to track down the so called underlined risk mentioned herein.  

The ADB Bank has funded the "Maharashtra Rural High Voltage Distribution System Expansion Program"  to  support High Voltage Distribution System (HVDS) in rural areas of Maharashtra for running electrical water pumps. The Program aims to connect about 156,000 new agriculture consumers on HVDS between 2019-2021 for running water pumps in uninterrupted use of free withdrawal of underground water. The Project has failed to apply mind that this free use of underground water removal, shall damage the local environment. This important finding is not appearing in any one of the three  safeguard monitoring reports. 

Unsustainable Use of Underground Water: 

Groundwater which is only 50% of global freshwater is in  critical condition for potable water (Lozan et al, 2007). Unsustainable withdrawal of free water pumping without regulation & check, is unsustainable practice as it  pollutes surface water, destroy habitats, and consume a lot of energy. Therefore it is not  a sustainable withdrawal practice of groundwater removal (USGS, 1999). Unsustainable groundwater use,  results in surface water-level decline, reduced streamflow, low water quality and jeopardizing the livelihood of effected communities. Thus, the ADB Bank can't finance a project which is "high risk" and aims for "unsustainable water pumping practice" of underground water. Every action of the ADB Bank for this project must be stopped until detail regulation policy is made for curbing the free practice of using underground water. Without any check points, placing hand at this project is dangerous.  

United States Geological Survey - USGS   (1999 ) study  demonstrates that   how careless withdrawal of underground water depletes the water chart of well and surface water. USGS also demonstrates clearly that unlimited withdrawal of ground water is not a sustainable practice. This results in water-level decline, reduced streamflow, low water quality & jeopardizing the livelihood of effected communities. 

Zhuping Sheng, from Texas USA, also in 2013 brilliantly demonstrated in El Paso- Ciudad Juarez area, in his wonderful research paper,  "Impacts of groundwater pumping and climate variability on groundwater availability in the Rio Grande Basin", that "uncontrollable groundwater pumping has resulted in large groundwater level dropdown, water quality deterioration, depletion of surface water and subsidence in El Paso/Ciudad Juarez area".

Case Study From Amravati With "High Risk" Evidence Photograph - How Indigenous People are affected ?:

Amravati ancient name is “Udumbravati”.  “Amravati” is known for many centuries with this name. Amravati has stone carved inscription on the base of marble statue of Adinath Rhishabhnath Ji. Govind Maha Prabhu visited Amravati in 13 th century, and at the same time Warhad was under the rule of Deogiri’s Hindu King. In 14th century, there was famine (drought) in Amravati & people abandoned Amravati and left for Gujrat and Malva. The Indigenous People (Scheduled Tribe)  population in Amravati district is 3.16 lakh, which is about 21% of the district's total population of 14.83 lakh. The predominant Scheduled Tribes in Amravati are the Korku, Gond, and Nihal. The poor people of Mariampur Village in Amravati during draught are forced to collect  water after digging small pit on the bank of  dry pond. This can be seen in the following three pictures just given below. 

The "Water Pits" and ponds are only the source of their sustainable living. They know the difficult accumulation process of water, but there is no other alternative arrangements to keep life sustainable. Amravati falls within the Vidarbha region of Maharashtra, where the water crisis has been a longstanding issue. Vidarbha is one of the regions with a high rate of farmer suicides, which is often attributed to the lack of water in the region. The people of Mariampur village are forced to drink this difficult water collected in a "Water Pit" due to zero water availability on surface. Subhash Sawalkar who is from  village Mariampur wake up early in the morning of 4 AM and collect  drinking water from such "Water Pit" for drinking. This can be seen in the picture. As it takes 3 hours to fill the small pit. Here water accumulates in drop. People queue up to collect this water, which is medicine, to keep life any how sustainable in Amravati District. This shall be cease of basic human right, if water is not available in future in this "Water Pit". This shall happen, if forceful extraction of underground water is allowed, by supplying uninterrupted electrical supply to the  electrical water pumps in Maharashtra. This side of Social Impact is completely missing from the three safeguard monitoring reports submitted on this project.     

The Indigenous People (Scheduled Tribe ) of Amravati District (Vidarbha Region) are forced to collect through difficult process water accumulated from this "Water Pit". This takes 3 hours to fill. Most of the tribal people ( Indigenous People ) are dependent on this water supply source. This water source shall also deplete soon,  if groundwater is allowed to be removed, without mind and limit. There is no check balance  in the ADB funded project at Maharashtra. This entire project is high risk from the social - environment side and is not a sustainable practice. For irrigation some other alternative route is required to be implemented. Drip irrigation and canal water irrigation are two best sustainable option, then allowing at mass scale removal of  the underground water.      

The top two pictures are  from Amravati ( Maharashtra ) and the third one is from Gondpipri village Chandrapur (Maharashtra ). Gondpipri is village of  Indigenous People ( tribal village)  in Chandrapur, a district in the state of Maharashtra, India. In village Gondpipri pits of seven to eight feet have been dug in the middle of the drain with the help of utensils. These pits are present about one kilometer outside the village. Women, men and children of the village come here to collect water. The three pictures  speak volume of eye opening data. These pictures  are  clear evidence of "High Risk Threat" in the Indigenous People and common people. These pictures speak   the plight of  common and Indigenous People  for struggling with their life. But, the beautiful "Nature" has provided them this facility to drink water. The MSEDCL project of electricity supply funded by the ADB Bank to the electrical water pumps, for extracting underground water shall damage and destroy completely this Nature provided "Water Pit".  The ADB Bank and the MSEDCL should think with very cool mind what mistakes they have done. This is  Safeguard Policy violation where risk  is of High Category.  

Due to climate venerability Vidarbha is one of the worst hit regions of India.  As stated, unsustainable removal of underground water shall disturb the "Water Pit",   which are now common source of drinking water for the Indigenous People. Indigenous People rely mostly on the "Water Pits" and ponds. The ADB Bank should consider here very honestly that there has been honest mistake from their side in correct monitoring of this project. Just imagine, the Indigenous People how can survive if drinking water source from the "Water Pits" are removed. They shall be forced for displacement from the present site to the other site, for the need of basic drinking water.  

This is not only the example of Vidarbha region. But speaks the common social & environmental risks  of the entire draught hit Maharashtra, where this project is currently operating. This damages the basic right of the Indigenous People to live. 

Essential Guideline Compliance Violation  Missing From The Safeguard Report: 

In the United Nations World Water Development Report 2022  India is among top ten countries with the highest shares in global groundwater withdrawal in 2017. This is alarming signal. Keeping the United Nation mandate compliance, one important Law has been framed in India to control the underground water extraction. The Government of India has drawn an important  Guideline, Government of India,  Notification Para 3 of dated 24.09.2020,  issued throughout India vide section 3(3) of the Environment (Protection) Act, 1986. An extract of this Gazette notification is given after reference below at the end. Though "No Objection Certificate"  is not needed here, but there should must be a "Suitable Water Pricing Policy" for the purpose of extracting underground water for the agriculture purposes. The Central Government  has binded Maharashtra Government to review the electricity policy for farmers, for bringing suitable water pricing policy to reduce over- dependence on groundwater in agriculture. This major compliance of Central Government is missing from the safeguard monitoring reports.  Without this policy any finance support, incentive or infrastructure facility to promote underground water extraction is clearly violation of the Central Government Guideline. This Guideline is Gazette notified and can't be escaped in this project.    

The ADB Bank should ensure from the Maharashtra Government to come with electricity policy as mandated under Para 3 in the above guideline. This necessary compliance about the guideline is completely missing from the safeguard monitoring report. This is not appearing in any one of the three safeguard monitoring reports.  

Before funding this project, neither the Maharashtra Government has been consulted how the Central Government Guideline shall be implemented in electricity policy nor any consultation has been taken from the Indigenous People or the common farmers on the issue of shortage of drinking water, if underground water is removed without check balance. Clearly there is lack of consultation on the point of scarcity of drinking water.  Since farmers and Indigenous People are uneducated. They do not understand the technical meaning and impact. It was necessary to take into confidence, the consent of the farmers and Indigenous People on the issue of drinking water scarcity. Consultation has been taken in eight villages. But not a single consultation has been taken from the Indigenous People. The following chart reflects the population of Scheduled Tribes in following villages as per 2011 census. After 13 years the Scheduled Tribes % rate of population has increased. 

No consultation process was taken by the Safeguard Monitoring Auditor from the Indigenous People, who are going to suffer large. Consultation has been taken in eight villages. But, no any consultation has been taken from the Indigenous People, warning them, of  the possible consequences of loosing drinking water, if at full scale the ADB Project allowed to operate. This is extreme violation of the Safeguard Policy 2009 of the ADB Bank. 

Missing Consultation  From The Indigenous People: 

Clearly the ADB Bank & MSEDCL both failed to consult the Indigenous People in the eight different villages, where Indigenous People are residing.  The consultation was limited only to capture the better view points of the ordinary farmers, how they can increase higher agriculture production. But, what threat is hanging over their head is hidden or not shared with them ! They have not been warned or apprised of shortage of drinking water, if at full scale ADB funded project operates. This is clear violation of the ADB Bank's Safeguard Policy 2009. If threat is shared farmers and Indigenous People shall register their grievances.         

Not conducting any consultation from Indigenous People in this project is fundamental professional mistake. This mistake has failed to study at depth the possible risk impact on the Indigenous People. This is the basic mistake of  unqualified people, who failed to sense the social environmental threat in this project. In future for Safeguard Impact Assessment Audit, the ADB Bank shall have to follow the strict but higher standard of Impact Assessment Audit of safeguard policy, as  adopted by the Members of the Institute of Social Auditors of India. The guideline and standards are so much high that the Professional Auditors engaged in the Impact Assessment Audit are not doing silly mistakes as seen here.      

Vidarbh is already facing the draught situation. This project at geometrical rate  has enhanced the problem and threat. This is social and environmental threat. The Indigenous People safeguards are triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, culture of Indigenous People or affects the territories or natural or cultural resources that Indigenous People own, use, occupy, or claim as their ancestral domain. They shall be  forced to evacuate in future, for one simple cause - unavailability  of drinking water. This shall happen, if underground water is removed without any check balance.   

Wells in tribal villages of the Vidarbh region in  Maharashtra, where ADB Project  is in implementation stage  are  always dry due to impractical water schemes.   Tribal Indigenous People  have to travel 2-3 kms to  fetch drinking water. 

This is peak scarcity of drinking water in the Vidarbh region, where common people and Indigenous People at large have no alternative arrangements to get clean  drinking water for their survival. They are dependent on this  dry pond, where  a small "Water Pit"  is dug on the ground for collection of  water for drinking.  Water accumulates here in drop. This side of truth should not be neglected by the ADB Bank in Social & Environmental Safeguard Monitoring report. 

  

Reference: 

Lozan, Grassl, et al. (2007). The water problem of our Earth: From climate and the water cycle to the human right for water.

USGS. (1999). Sustainability of Ground-Water Resources. Retrieved from http://pubs.usgs.gov/circ/circ1186/pdf/circ1186.pdf. 

Zhuping Sheng, Texas USA, (2013); "Impacts of groundwater pumping and climate variability on groundwater availability in the Rio Grande Basin". Retrieved from https://esajournals.onlinelibrary.wiley.com/doi/10.1890/ES12-00270.1

Gazette notification (Department Of Water Resources, River Development And Ganga Rejuvenation) (CENTRAL GROUND WATER AUTHORITY) New Delhi, the 24th September, 2020

Extract of Gazette Notification:  

Gazette notification (Department Of Water Resources, River Development And Ganga Rejuvenation) (CENTRAL GROUND WATER AUTHORITY) New Delhi, the 24th September, 2020

"3.0 Agriculture Sector:

Agriculture sector is the backbone of the Indian economy. As per Minor Irrigation Census 2013-14, 87.86% of wells are owned by marginal, small and semi-medium farmers having land holding up to 4 hectares (ha). Around 9.18 % of wells are owned by medium farmers having land holding 4 – 10 ha and 2.96% of the wells are owned by big farmers having land holding more than 10 ha. Considering the number of ground water abstraction structures, regulation of ground water in agriculture sector through a ‘command and control’ strategy will prove to be an arduous task. Therefore, a participatory approach for sustainable ground water management would be more productive. States/Uts are advised to review their free/subsidized electricity policy to farmers, bring suitable water pricing policy and may work further towards crop rotation/diversification/other initiatives to reduce overdependence on groundwater. Agriculture sector shall be exempted from obtaining No Objection Certificate for ground water extraction".