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Groundwater Law in India – Towards a Framework Ensuring Equitable Access and Aquifer Protection

Cullet, Philippe (2014) 'Groundwater Law in India – Towards a Framework Ensuring Equitable Access and Aquifer Protection.' Journal of Environmental Law, 26 (1).

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Abstract

Groundwater law in India gives individual landowners overwhelming control over groundwater. This is inappropriate in a context where groundwater is now the main source of water for the realisation of the human right to water. This also fails to provides the basis for effective protection of groundwater at aquifer level. Increasing dependence on groundwater for all the main water uses has made the need for reforms of the legal framework increasingly acute. This article argues that groundwater law must be reconceived around a new set of principles that recognise the common nature of groundwater, its importance in realising the human right to water, the need for a governance framework starting at the local level and the need for a strong aquifer protection regime. The proposed new framework is then examined in the context of the Groundwater Model Bill, 2011 that reflects in large part this new framework.

Item Type: Articles
SOAS Departments & Centres: Faculty of Law and Social Sciences > School of Law > Centre of Law, Environment and Development
ISSN: 09528873
DOI (Digital Object Identifier): 10.1093/jel/eqt031
Depositing User: Philippe Cullet
Date Deposited: 24 Jan 2014 09:45
URI: http://eprints.soas.ac.uk/id/eprint/17948

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