Legal Reflections on Water as Commons: A Critique

Abstract

ABSTRACT

Under commons property all natural resources has been count and water is one of them. Since ancient time water is to be considered as a common property and to the present, water is in fact one of the commonest compound on earth and is not only essential for life but has become interwoven with human livelihoods in various inextricable ways.

But unfortunately our main characteristic of water i.e. it should be considered as common property is vanishing. Ironically present water law is not in consensus to commons and because of this lacuna water is not considered as common property but a private property and result is mass exploitation of water and privatization of water.

Water is an element which is a necessity of all living creatures and a common property. But water law is not ready to accept this. So in this work researcher is dealing with the water law. mainly of India (both ancient and present law) with constitutional aspect and with all analysis of cases and then try to click out why water is not considered as a common property and what are the hurdles under legislative power under water law to not to declare water as a common property and how this leading water towards to the privatization of water.

"The Natural Resources of the Earth, including the air, water, lands, flora and fauna and especially representative samples of natural ecosystems must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate. Principle 2, the Stockholm Declaration 1972