Revisiting Ground Water Laws in India for Sustainable Resource Management

Abstract

newline Ground Water is a crucial natural resource that serves as a primary source of water for irrigation, drinking, and industrial use in India. Despite its importance, Ground Water resources in India are rapidly depleting due to increasing demand, climate change, and unsustainable management practices. In this context, it is crucial to revisit the Ground Water laws in India to ensure sustainable resource management. The current legal framework for Ground Water in India is fragmented, outdated, and ineffective. The existing laws, such as the Indian Easements Act, 1882, and the Indian Contract Act, 1872, only address the legal aspects of Ground Water, such as ownership and transfer of rights, and do not provide adequate provisions for sustainable Ground Water management. Furthermore, the lack of a clear policy on Ground Water use and management has resulted in conflicting and uncoordinated actions by different government agencies, leading to a fragmented and ineffective approach to Ground Water management. The legal framework for Ground Water management should be comprehensive and integrated, taking into account the social, economic, and environmental aspects of Ground Water use. Such a framework should include provisions for equitable allocation of Ground Water resources, protection of Ground Water quality, and sustainable Ground Water management practices. The key elements of an effective Ground Water legal framework should include a clear definition of Ground Water rights and ownership, provisions for Ground Water monitoring and assessment, mechanisms for regulating Ground Water use, and penalties for non-compliance. In addition, there should be provisions for stakeholder participation and consultation, public awareness and education, and coordination among government agencies. The reform of Ground Water Laws in India requires a collaborative effort involving government agencies, civil society organizations, and the private sector. The Thesis proposes the inclusion of provisions for participatory Ground