Navigating the Currents: An Overview of Water Law in India
Water is a vital resource in India. It plays a key role in drinking, irrigation, industry, and hydropower. However, it is under immense pressure due to population growth and climate change. Water Law is essential to manage this resource effectively. This article provides an overview of Water Law in India, covering its legal framework, challenges, and recent judgments.
A Shared Responsibility: The Constitutional Framework
The Indian Constitution recognises the vital importance of water for its citisens’ well-being and economic prosperity. Water Law in India finds its roots in various constitutional provisions. Specifically, Article 252 (1) of the Constitution empowers state governments to legislate on water-related matters, including:
- Water supply
- Irrigation and canals
- Drainage and embankments
- Water storage
- Hydropower
This means that local governments regulate water access and usage in various states, including policies for agricultural water rights, municipal water supply, and the development of hydropower plants. The decentralisation of these responsibilities enables states to cater to local water needs but also introduces challenges in uniformity.
Centralised Regulation for Pollution Control
The central government plays a key role in water pollution regulation. The Water (Prevention and Control of Pollution) Act, 1974 allows the government to set up pollution control boards. These boards monitor and prevent water pollution from industrial and sewage waste. They ensure that national standards are followed.
Groundwater Management: A Growing Challenge
Groundwater is an increasingly critical water source in India, particularly in rural areas where surface water is scarce. However, overexploitation and pollution are depleting groundwater resources at alarming rates. To address this, the Model Groundwater (Sustainable Management) Act, 2016 was introduced, laying out a framework for regulating groundwater extraction and promoting sustainable practices. However, the model act is still awaiting adoption by individual states, reflecting the complexities of managing this invisible and vital resource.
Recent Judgments Highlighting Water Issues
Landmark judgments in India have emphasised the fundamental right to water and the legal obligations of the state to ensure its equitable distribution. A notable case is NR Desai vs. State of Gujarat (2000), where the Supreme Court recognised the right to clean water as a fundamental right under Article 21 (Right to Life). This judgment highlighted the state’s responsibility to ensure that all citisens have access to safe water, underscoring its central role in public health and well-being.
Another significant case is the Cauvery Water Dispute (2018), where the Supreme Court directed the equitable distribution of water from the Cauvery River among Karnataka, Tamil Nadu, Kerala, and Puducherry. This judgment emphasised cooperative federalism and highlighted the need for balanced and fair water-sharing practices in inter-state disputes.
Challenges and the Path Forward
India’s water resources are facing significant challenges that require urgent action. These include:
- Unequal Distribution: Water resources are not evenly distributed across the country, leading to severe water scarcity in several regions.
- Water Pollution: Industrial and agricultural activities are contributing to the pollution of rivers, lakes, and groundwater, making clean water increasingly scarce.
- Overexploitation of Groundwater: Groundwater levels are depleting rapidly due to overuse, especially in agricultural regions.
- Climate Change: Changes in rainfall patterns and extreme weather events are exacerbating the water crisis, making water supply less predictable.
What Can You Do?
While addressing these challenges requires government action and comprehensive legal reforms, individuals can play a key role in water conservation and responsible water use. Here are a few steps you can take:
- Promote Water Conservation: Simple practices like rainwater harvesting, fixing leaky taps, and taking shorter showers can significantly reduce water wastage.
- Stay Informed: Be aware of water issues in your locality and engage in local water management initiatives.
- Hold Authorities Accountable: If you notice water pollution or excessive wastage, report it to the concerned authorities to ensure enforcement of water laws.
LawCrust: Your Partner in Water Law Matters
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