Opening the ‘Black Box’ of Regulation-making for Bottled Water Quality Standards in India

Abstract

The paper contributes to the under-researched domain of standard setting for bottled water quality in India. The paper opens-up the ‘black box’ of regulation-making by analysing the mandatory bottled water quality standards set by the Bureau of Indian Standards (BIS). The regulation-making exercise is dominated by bureaucrats and technocrats representing government departments, publicly funded institutions and representatives of big industries. In the standard-setting committees, representation of NGOs, small firms, technology suppliers, independent experts, consumers and citizens are either missing or limited. The kind of experts enrolled by the technical committee and the practice and principles employed by BIS for decision-making have a strong bearing on the regulatory standards. The standard setting for bottled water was the outcome of a complex process that was significantly shaped by the views and values of the dominant regulatory actors, especially what was perceived as valid and superior ‘regulatory knowledge’. Discrete actors, such as bureaucrats, technocrats, big firms and NGOs, supported the wider adoption of international standards, but they had different rationales for advocating the adoption. However, the uncritical adoption of international standards has resulted in a disregard for incorporating environmental, epidemiological, dietary and diverse socio-economic factors into setting standards. Inclusion of socio-economic and other contextual factors could increase the validity and effectiveness of regulatory standards.