Right to Water-Legal and Judicial Approaches

All processes of life are directly or indirectly connected to water¹. Human survival is dependent on mercy of water. The supply of all-important water to the body helps it to perform its duties perfectly maintaining good health. Water has been used since antiquity as a symbol by which to express devotion and purity. Some cultures, like the ancient Greeks, went as far as to worship gods who were thought to live in and command the waters. Whole cities have been built by considering the location and availability of pure drinking water. Contrary to the past, our recent developed technological society has become indifferent to this miracle of life. Our natural heritage rivers, seas and oceans has been exploited, mistreated and contaminated. Our drinking water today, far from being pure, contains some two hundred deadly commercial chemicals. Add to that bacteria, viruses, inorganic minerals (making the water hard) and you have a chemical cocktail that is unsuitable if not deadly for human consumption. By 2050, India's population is projected to be 1.69 billion, India's newest challenge is to figure out how to apportion the water they have between its industry, its agriculture, and public.

Water remains the fundamental necessity of mankind². This necessity has turned itself into one of the basic human rights in India. The right to water and access to adequate sanitation is vital to human dignity. In spite of the eternal value of water, the development of the right to water seems to be very slow in India. In India, water law comprises of various elements at international and national authorities. There are various government policies that require a serious reconsideration and questions of its enforcement are often raised with no proper solutions being provided. In this light, this paper shall throw light on the different water laws prevalent in India and also judicial approach. The paper shall scan the existing national and international legal framework available on the issue and shall also thrive to provide remedies. An attempt through this paper shall be made to identify the core issues in the area for progress of the nation so far as water laws are concerned.