The right to water - an overview of the Indian legal regime (2006)

The paper gives a broad overview of the laws relating to water and right to water in India with reference to the constitutional and statutory provisions and decisions of the courts
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This paper published on the International Environmental Law Research Centre (IELRC) site begins with outlining the specific provisions of the Constitution of India and some of the significant statutes that help understand the position of the right to water.

It proposes to discuss some of the decisions of the courts in cases involving interpretation of the statutory provisions. A brief analysis of the prominent issues that arise and the response to those issues is attempted. The concluding portion seeks to highlight issues that require immediate attention from the perspective of the Millennium Development Goals relevant to the right to water.

The paper is divided into the following sections:

  • Introduction
  • Constitutional and satutory framework
  • Judicial determination of the right to water: control and contestation
  • Issues around the right to water
  • The emerging scenario

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