India is a country with great dependency on monsoon and rivers for water supply. Rains are crucial to almost 60% of India’s rain-fed agriculture. Hence, the timely arrival and adequacy of monsoon winds plays a vital role in our farming practices. We have been a witness to monsoon variability in the last decade resulting into droughts. Continuous droughts, rising pollution of waterbodies, and overexploitation of groundwater have resulted in a critical scenario of water scarcity. Majority of our population does not have a trustworthy and steady means of getting water for their daily needs. As per NITI Aayog estimates “21 major cities, including Delhi, would run out of groundwater by 2030.” 12% of India’s population is already living the “Day  Zero’ scenario.” It is very essential to study the reasons of water scarcity which include climate change and infrastructure issues like groundwater extraction and wastage of water. Consequently, it is essential to study the initiatives of the government and judicial discourses on water scarcity. This leads us to the precedents like the famous drought case, Swaraj Abhiyan vs UoI. There are certain substantial questions to answer—What is right to water? Is right to water a statutory right or a fundamental right? Whether ground water can be treated as a private property? Is right to water more important than right to occupation? Is there any right to draw ground water for personal and commercial uses? Whether state governments have right to approach the Supreme Court for uninterrupted supply of water from another state? What is the solution to issues like Plachimada issue? What is the solution to issues like Span Motel case? Is water a trust for future generations? Though a green jurisprudence is being involved, awareness and implementation of law are critical areas of concern. Awareness of evolution of this green jurisprudence is key to bringing change in the current scenario wherein environmental is a matter of urgent concern. Lack of awareness of these precedents can result into injustice to mother earth and its living beings and multiplicity of cases. It is pertinent to investigate the level of awareness of law students, lawyers, judges of lower judiciary, and law teachers about this evolving jurisprudence. Hence, this article will address all the above-mentioned issues addressed by judiciary and also investigate the level of awareness of law students, lawyers, judges of lower judiciary, and law teachers about this evolving jurisprudence.

Water Scarcity: Judicial Responses to the Disaster in Making

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发表日期：

2025年

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Priya A. Sondhi,
Anoop Kumar

摘要

India is a country with great dependency on monsoon and rivers for water supply. Rains are crucial to almost 60% of India’s rain-fed agriculture. Hence, the timely arrival and adequacy of monsoon winds plays a vital role in our farming practices. We have been a witness to monsoon variability in the last decade resulting into droughts. Continuous droughts, rising pollution of waterbodies, and overexploitation of groundwater have resulted in a critical scenario of water scarcity. Majority of our population does not have a trustworthy and steady means of getting water for their daily needs. As per NITI Aayog estimates “21 major cities, including Delhi, would run out of groundwater by 2030.” 12% of India’s population is already living the “Day Zero’ scenario.” It is very essential to study the reasons of water scarcity which include climate change and infrastructure issues like groundwater extraction and wastage of water. Consequently, it is essential to study the initiatives of the government and judicial discourses on water scarcity. This leads us to the precedents like the famous drought case, Swaraj Abhiyan vs UoI. There are certain substantial questions to answer—What is right to water? Is right to water a statutory right or a fundamental right? Whether ground water can be treated as a private property? Is right to water more important than right to occupation? Is there any right to draw ground water for personal and commercial uses? Whether state governments have right to approach the Supreme Court for uninterrupted supply of water from another state? What is the solution to issues like Plachimada issue? What is the solution to issues like Span Motel case? Is water a trust for future generations? Though a green jurisprudence is being involved, awareness and implementation of law are critical areas of concern. Awareness of evolution of this green jurisprudence is key to bringing change in the current scenario wherein environmental is a matter of urgent concern. Lack of awareness of these precedents can result into injustice to mother earth and its living beings and multiplicity of cases. It is pertinent to investigate the level of awareness of law students, lawyers, judges of lower judiciary, and law teachers about this evolving jurisprudence. Hence, this article will address all the above-mentioned issues addressed by judiciary and also investigate the level of awareness of law students, lawyers, judges of lower judiciary, and law teachers about this evolving jurisprudence.