DISCUSSING THE ‘HUMAN RIGHT TO WATER IN INDIA’: GENESIS FOR DEBATE?
Free (open access)
37 - 47
The spontaneous and ethical answer to the question, is clean freshwater a ‘basic human right’? is affirmative in general, but unfortunately the legal response is unsettled. The right to water is highly debatable and has secured itself top priority in the agenda of national and international organizations. Due to the vitality of the resource and its overarching impact on various sectors of life, its categorization becomes daunting within the legal perspective. Its importance is undeniable and unanimously accepted at the global level, but the manner and technique to master the art of securing the ‘human right to water for all’ is yet to be conquered. The realization of the ‘right to water’ is unique, as its realization is restricted by the fact that the fair and equitable distribution of the resource depends on its availability that to in sufficient quality and quantity. Thus, the conservation and restoration of the resource needs to be governed in a manner so that the laws and policies dealing with the resource are coherent and sustainable. Therefore, this paper argues that the governance of the resource and the rights-based approach for its realization are complementary to one another. It will emphasize the judicial interpretation of right to water in India and will attempt to project the common links between the governance of the resource and the realization of the right by strengthening the commonalities observed in their evolutionary path and the manner in which they understand the resource.
freshwater, governance, human right to water in India, International law, judicial interpretation of right to water in India, management and policy