Hasrat Arjjumend & Konstantia Koutouki, “India: Legal History of Water Management: Should the Traditional Water-Harvesting Regime Be Revived?” (2019) 49:6 Environmental Policy and Law.
The evolution of civilisations is believed to have happened on the banks of rivers and streams. During dry spells, with the reduced flow of water, early humans had to move to find more reliable sources of water. In due course, large settlements grew up along perennial rivers that provided plentiful water. With the increase in population, human settlements developed into towns and cities, and agriculture expanded. Techniques were developed to augment the water supply by collecting and storing rainwater, tapping mountain and underground springs, and collecting water from snow and glaciers. Historically, the development of reliable sources of water such as storage, reservoirs, ponds, lakes, irrigation canals, and tanks came to be formalised through governance systems. Emperors and kings not only built various water infrastructures but also encouraged communities to construct water-harvesting structures themselves. Simultaneously, laws and policies were crafted to regulate the construction and maintenance of water structures for the conservation and preservation of water, and its proper distribution and use. This paper will examine the historical evolution of norms related to water; whether and how they have influenced modern day laws and policies; and if it would be appropriate to revitalise historical rules on water to address the problems faced in India today.
To access this piece, please visit the following link here.
