Legal Pluralism, Water Rights and Water Management-A Critical Analysis

Legal Pluralism, Water Rights and Water Management-A Critical Analysis

-Dr Preeti Misra
Lecturer
Dept. of Human Rights
School for Legal Studies
Babasaheb Bhimrao Ambedkar
University, Lucknow
Abstract
The prototypical legal rule consists of prescriptions or proscriptions, specifying the way people ought to behave. As such a law or a body of legal rules can be said to exist as a structural analysis in society. The conceptual framework of legal pluralism is indispensable in view of contemporary water rights policy paradigms which hold that local customary, community based water rights and organizations for water management should get more attention, should receive recognition or even be reintroduced. It offers tools, which can better comprehend how farmers, village leaders, bureaucrats and other live amidst and employ multiple normative repertoires. It aims to explore the different conceptualization of water and water rights, the function of water as a natural resource and the variety of legal statutes attached to water. Legal pluralism as a tool for understanding law in society makes it its business to explore the relationships between the various legal orders, the type of interest and the social relationships and practices involving resources in local context of social interaction.
Indian Constitution is backbone of our country and the concept of Nation/State is established within its framework. The freedom of movement guaranteed under the Constitution though does not directly relate to water issues but indirectly it has been raising pressure on water by instigating urbanization in the search of better livelihood. It has caused global warming, pollution of rivers, stress on ground water etc. The proposed paper critically examines legal pluralism, water rights and water management in this context.
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