Water Law, Poverty, and Development

Abstract

With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic attention. This book examines water law reforms from a national and international perspective. It analyzes existing and evolving water law in its broader context, which includes the environmental, social, economic, and human rights aspects of water. This book focuses on water sector reforms, and more specifically water law reforms in India. India is perfectly placed for this analysis. On the one hand, its existing water law is characterized by the absence of a framework water legislation and its fragmented development on a sectoral basis through a variety of mechanisms, ranging from common law principles to statutes and judicial decisions. On the other hand, Indian water law is currently in the process of extensive reform. These reforms are based on the principles of water sector reforms rather than on a critical analysis of existing water law. This is further complicated by the fact that reforms are often linked to World Bank or Asian Development Projects or loans, which may come with law-related conditions attached. Ongoing water law reforms are on the whole based on a relatively narrow set of principles focusing on management concerns in the water sector. The conceptual framework that informs current water law reforms insufficiently addresses the human right, social, and environmental dimensions of water. A paradigm change is required in the conceptualization of water law reforms. This change needs to recognise water's vital role in poverty eradication and the realisation of a sustainable process of development. A series of alternative bases for reform based on human dignity, equity, and sustainability are thus proposed in this book.