THE INDIAN SUPREME COURT’S PIONEERING ROLE IN PROMOTING WATER CONSERVATION AND ENVIRONMENTAL JUSTICE
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Keywords:
CONSTITUTION, HUMAN RIGHTS, CONSERVATIONAbstract
As a country facing a water crisis, today water conservation has become a key element of any strategy that aims to reduce the water scarcity crisis in India. In the same light, the Union, as well as the State Government, have started looking at the means of reviving the traditional systems of water conservation-harvesting in the country. While such methods are environmentally friendly for the most part, they are not only highly effective for those who rely on them but they are also good for the environment at large.
A human rights dimension complements the existing legal framework relating to water. Although the Constitution does not specifically recognize the fundamental right to water, the court's decisions recognize the right to be enshrined in Article 21. Further, Article 39(b) states that the State shall, in particular, direct its policy to ensure that the ownership and control of the material resources of the community are distributed in such a way that the public is served. Can go Article 51-A (g) places a fundamental duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living beings.
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