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Courts, States And Rivers: The Legal Maze Of India’s Water Wars

Updated: Aug 20




Jatin Jain, Maharashtra National Law University, Chhatrapati Sambhajinagar

Ansh Sharma, Dharamshashtra National Law University, Jabalpur


I. INTRODUCTION


Water, the lifeline of civilizations, remains one of India’s most contested and finite natural resources. With only 4% of the world’s freshwater resources to support nearly 18% of the global population, India’s rivers have become the arteries of economic development, agricultural sustenance, and human survival. Yet, these very rivers often turn into fault lines of discord, as multiple states vie for their share in an increasingly stressed hydrological landscape.


In India, inter-state water disputes are fast emerging as a serious national problem. In spite of the fact that India is not among the world’s most severely water stressed countries, there are the areas which are being declared as water deficient. This is due to the uneven distribution of water resources both spatially and temporarily. The north and east are water rich while the west and south are water deficient.


India has 25 major river basins, with most rivers flowing across states. As river basins are shared resources, a coordinated approach between the states, with adequate involvement of the Centre, is necessary for the preservation, equitable distribution and sustainable utilization of river water. Within India’s federal political structure, inter-state disputes require the involvement of the Union government for a federal solution at two levels: between the states involved, and between the Centre and the states.


Beyond the legal and political disputes, ecology is an important but frequently overlooked factor. Rivers are dynamic ecosystems that preserve the ecological balance of entire regions, replenish groundwater, and support biodiversity. The current method of settling interstate water disputes, however, is primarily focused on issues of fair distribution and pays little attention to long-term sustainability or the condition of the river basin.


In light of this, the article aims to investigate the legal difficulties that arise when settling interstate water disputes in India.



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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