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Floods As Hydro-Social Disasters In India: Colonial Legacies, Legal Gaps, And The Quest For Environmental Justice




Virender Negi, Professor, UILS, Panjab University, Chandigarh.

Prachi Sharma, Research Scholar, Department of Laws, Panjab University, Chandigarh.


ABSTRACT


In India, floods are not solely just natural disasters; they are intricate socio- legal phenomena influenced by institutional shortcomings, infrastructure choices, and colonial legacies. Floods are redefined in this work as hydro- social disasters, which are phenomena that result from the interaction of human actions, natural dynamics, and governance systems. It examines the flaws in India's flood management system, tracing the colonial origins of river control measures and looking at changing rights-based paradigms. It is based on environmental laws, disaster law, and ecological justice viewpoints. The paper highlights structural flaws in important laws like the Water (Prevention and Control of Pollution) Act of 1974 and the Disaster Management Act of 2005, showing how technocratic solutions frequently marginalize concepts of accountability, equity, and involvement. Using global frameworks such as the Paris Agreement (2015) and the Sendai Framework for Disaster Risk Reduction (2015–2030), as well as comparative lessons from Bangladesh and the UK, the paper emphasizes the necessity of a comprehensive, justice-oriented reform of flood governance in India. The research employs a doctrinal and analytical approach, utilizing comparative legal analysis, judicial rulings, and statutory interpretation.


Keywords: Hydro-social disasters; Disaster Management Act 2005; Environmental Justice; Climate Resilience; Sendai Framework.



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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