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A Contemporary Study On The Water Crisis And The Effectiveness Of Indian Environmental Laws




Prof. (Dr.) Lakshmi Chand Sahu, Bundelkhand Degree College, Jhansi


ABSTRACT


India despite having a very extensive river system, faced with a severe water crisis due to the various factors, including, rapid urbanization, industrialization, lack of groundwater resources, pollution of river, and ineffective governance mechanisms. This imbalance between the quantity of water consumed and water available has had a negative impact on public health, agriculture, biodiversity and economic development.


The Indian environmental jurisprudence has undergone tremendous transformation in the course of its development and through various modes of constitutional interpretation, legislation, and judicial activism. The legal basis for water protection and environmental sustainability includes constitutional provisions under article 21, 48A and 51A (g) as well as the statutory enactments like; the Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986. Additionally, the principles of justice have made environmental governance in India stronger, especially the polluter pays principle, the precautionary principle and/or the public trust doctrine.


This paper critically looks into the recent aspect of the water problem in India and critically examines its effectiveness from the legal perspective in tackling water related issues. The study also examines the property rights, judicial experiences, means of enforcement and policy restrictions of constitutional guarantees, and makes recommendations for constitutional reforms that would facilitate sustainable water management and environmental justice.


Keywords: Water Crisis, Environmental Law, Water Pollution, Groundwater Depletion, Environmental Justice, Sustainable Development, Water Governance, Climate Change, Right to Water.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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