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The IUP Journal of Law Review

Law on Groundwater Management in the Union Territory of Jammu and Kashmir: Issues and Opportunities

Article Details

Pub. Date	: Jan 2022
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR50122
Author Name	: Mudasir Bhat, Mehraj Ud Din Mir, Gulafroz Jan and Mainnaz Qadir
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 10

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Abstract

Water is considered the lifeline of our ecological existence. It not only plays an important role in the socioeconomic conditions of the state but also in the well-being of an individual. Water, which is available in many forms like surface water, groundwater, ice caps, etc., needs proper regulation and management. The groundwater, once seen as a private resource, is now considered a public resource to which the state is trustee. Groundwater management has been a burning issue worldwide, for which states have been taking vibrant steps. At the national level, some guidelines in the form of Model Bills have been framed, but the matter, as per the constitutional setup, is the domain of states. The erstwhile state of Jammu and Kashmir has taken a dynamic step to regulate water resources by enacting the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010. This paper focuses on the importance of groundwater and its management. It also underlines the private and public rights with regard to sub-surface water. Finally, it concludes with some valuable suggestions which may be taken into consideration for proper regulation and management of groundwater in the union territory of Jammu and Kashmir.

Introduction

Water is the main reason for life on Earth. Taking into consideration the importance of water and its multifarious use in our daily life, it is considered the lifeline of our ecological existence. Water plays an important role in our healthy living. It is rightly said that health is not a state of mere living but is a fundamental right of living. So when we analyze the sustenance of life on earth, we see that human beings are totally dependent on water.1 The purity and importance of water has always been emphasized from time immemorial. The importance of water can be seen through different religious scripts. The Holy Quran uses the expression 'water' 60 times,