Law Relating to Groundwater Recharge in India

Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-11(I)| November 2025 170 Law Relating to Groundwater Recharge in India Dr. Bheemabai S. Mulage Assistant Professor Karnataka State Law University, Hubballi. Manuscript ID: JRD -2025-171135 ISSN: 2230-9578 Volume 17 Issue 11 (I) Pp. 170-174 Nov. 2025 Submitted:15 Oct. 2025 Revised: 25 Oct. 2025 Accepted: 10 Nov. 2025 Published: 30 Nov. 2025 Abstract Water is absolutely essential for human life. One cannot expect life without water. Ground water is the backbone of India's water supply, especially in agriculture and rural areas. It plays a pivotal role in India’s water security, economic development, agriculture, and public health. However, overexploitation, pollution, and poor recharge are rapidly depleting this vital resource. Enhancing groundwater resources is not just a matter of water availability but it is crucial for food security, health, and environmental sustainability. The main factors of water crisis which are at worse include drained and contaminated aquifers, drought, etc., which are due to over consumption. The depletion of groundwater is at unsustainable rates. The severity of groundwater contamination is dependent on dumping of industrial wastes, landfills and high concentration of fertilizers and pesticides over the years. The government plays a vital role in groundwater conservation, both at the central and state levels. However, the responsibility for conserving groundwater sustainability is shared across various levels of governance, institutions, and stakeholders. The path forward requires an integrated, cooperative approach that includes effective regulation, education, technology adoption, and scientific research. Only through such collective effort can India address the looming groundwater crisis and ensure long-term water security. This paper focuses on groundwater recharge, sustainable management, and regulation of extraction. Keywords: Ground water, Contamination, Depletion & Conservation. Introduction: The Right to Food has been specifically enforced under Article 21 of the Constitution by the Supreme Court of India. However, food alone cannot be considered as a basic requirement it has to be extended to usage of clean water for a healthy livelihood.[2] Therefore, right to water is a fundamental right enshrined in Article 21 of the Indian Constitution, compels the state to manage groundwater responsibly,[3] ensuring that it is available to all citizens for domestic, agricultural, and industrial purposes. Water, including groundwater, is primarily a State Subject. Thus, State Governments are responsible for enacting laws and regulations concerning groundwater use and recharge. The Supreme Court in many cases held that the right to life includes the right to clean water and sustainable environmental resources, which extends to groundwater. Groundwater is a vital resource for India, providing nearly 60% of the total irrigation and 85% of rural drinking water needs. However, despite its significance, groundwater resources in India are facing severe pressures due to over-extraction, pollution, and poor management. Groundwater management in India is a complex issue that involves various challenges, including over-extraction, pollution, ineffective policies, and governance issues. However, it is clear that sustainable groundwater management requires a multi-faceted approach that includes technological innovations, policy reforms, community participation, and better regulation.[4] Objectives of the Study  To get a clear understanding about the need and importance of groundwater management in India.  To know about groundwater contamination and its ill effects.  To analyze the laws relating to groundwater management in India.  To identify a better mechanism to treat groundwater contamination. Quick Response Code: Website: https://jrdrvb.org/ DOI: Creative Commons (CC BY-NC-SA 4.0) This is an open access journal, and articles are distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License, which allows others to remix, tweak, and build upon the work noncommercially, as long as appropriate credit is given and the new creations ae licensed under the idential terms. Address for correspondence: Dr. Bheemabai S. Mulage, Assistant Professor, Karnataka State Law University, Hubballi. How to cite this article: Bheemabai S. Mulage(2025). Law Relating to Groundwater Recharge in India. Journal of Research & Development, 17(11(I)), 170-174. Original Article Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-11(I)| November 2025 171 Statement of Problem Groundwater management in India is a complex issue that involves various challenges, including overextraction, pollution, ineffective policies, and governance issues. Thereby there is a need to address this issue and give suitable suggestions to recharge/ refill the ground water. Review of Literature This literature review focuses on the key studies and themes in groundwater management in India, examining the challenges, strategies, and initiatives aimed at improving groundwater sustainability.  Upendra Baxi, a renowned legal scholar, in his literature, he extensively discussed environmental law and water management issues in India, he explores global and local legal frameworks for water governance, focusing on groundwater depletion. The Water: Perspectives, Issues, Concerns (2003) provides a comprehensive overview of water-related challenges, encompassing various perspectives and concerns & the Towards Water Wisdom: Limits, Justice, Harmony (2007) examines the ethical and social implications of water management, emphasizing the need for justice and sustainability in water resource utilization.  Bandyopadhyay et al. (2012) reviewed water management policies and strategies in India, concluding that there is a lack of effective governance and policy implementation. They argue that decentralized water user associations (WUAs) and community-led management can address many of the challenges in groundwater management by promoting equitable water distribution and local-level water conservation practices.  Narain et al. (2016) discussed rainwater harvesting and its potential to recharge groundwater aquifers. They argue that integrating rainwater harvesting systems into urban and rural water management can reduce dependence on groundwater and help mitigate its over-exploitation. Tamil Nadu, for example, made rainwater harvesting mandatory in new buildings as early as 2003, resulting in successful groundwater recharge across the state.  Lamba (2014) discussed the policy failures in groundwater regulation, highlighting the lack of enforcement of existing groundwater laws and the need for a national groundwater policy. Lamba’s research advocates for decentralized management and community participation to enhance accountability in groundwater use.  Pradhan et al. (2018) conducted a review of state-level groundwater laws and regulations across India. They observed that while states like Rajasthan, Maharashtra, and Tamil Nadu have implemented strong groundwater conservation policies, there is still significant variation in the enforcement of these laws across different regions. The study calls for a uniform framework for groundwater management at the national level, with specific provisions for water-scarce areas. Analysis/Findings Water is the primary source of existence of every living species which includes men as well so that it is imbedded under Right to Life and to be considered as a Human Right.[5] On 28th July 2010[6] the UNGA(United Nations General Assembly), recognized the Right to Water and Sanitation as a Human Right. In several cases the Supreme Court of India emphasized the role of policy reforms and institutional capacity in addressing groundwater depletion. The Supreme Court in M.C. Mehta v. Kamal Nath,[7] held that, “The state is the trustee of all natural resources which are by nature meant for public use and enjoyment. The public at large is the beneficiary of the seashore, running waters, airs, forests and ecologically fragile lands.” It ruled that natural resources, including rivers and water bodies, are held by the state in trust for the public and they cannot be converted into private ownership or diverted for private gains. Further, Apex Court has applied the Public Trust Doctrine to water resources recognizing that groundwater is held in trust by the state for public use. The Environment Protection Act, 1986 established the Central Ground Water Authority (CGWA)[8] to manage and regulate groundwater development and extraction across the country. National Policies like, National Water Policy 2012 calls for a balanced approach to groundwater extraction, promoting recharge methods and water conservation and led strong emphasis on mandatory rainwater harvesting in urban and rural settings to enhance groundwater recharge. Atal Bhujal Yojana, 2020, a central government scheme focused on community-based groundwater management in select states. This Yojana, promotes rainwater harvesting and the construction of percolation tanks. Groundwater is often seen as a clean and safe source of water. However, several studies show that contamination is becoming a significant issue in India. The causes include excessive use of fertilizers and pesticides, industrial waste, and sewage. Effective groundwater management requires strong governance, policy implementation, and institutional arrangements. Reasons for the Depletion of Groundwater in India Groundwater depletion in India is a severe and growing crisis that threatens the country's water security, agricultural sustainability, and livelihoods. India is the largest extractor of groundwater in the world, accounting for around 25% of global extraction. Over 60% of irrigated agriculture and 85% of rural drinking water depend on groundwater. The causes of its depletion are complex and interlinked, involving environmental, socio-economic, and policy-related factors. The following are the reasons for the depletion of ground water:  Over-Extraction for Agriculture;  Inefficient Irrigation Practices; Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-11(I)| November 2025 172  Lack of Groundwater Regulation;  Urbanization and Population Growth;  Climate Change and Erratic Rainfall;  Deforestation and Land Use Changes;  Industrial Use and Pollution;  Poor Implementation of Rainwater Harvesting etc. Effective methods for addressing the crisis of depletion of ground water Groundwater depletion in India is a result of over-extraction, inefficient use, poor governance, and environmental changes. Addressing this crisis requires a multi-pronged strategy involving:  Legal reforms;  Efficient irrigation techniques;  Crop pattern changes;  Public awareness;  Rainwater harvesting;  Technological Innovations in Groundwater Management;  And integrated water resource management. Law Relating to Groundwater Recharge in India A. Constitutional Provisions Water as a State Subject: Under Entry 17 of the State List (List II) in the Seventh Schedule of the Indian Constitution, water is primarily a state subject. Hence, individual states have the power to make laws on groundwater. Right to Life includes the right to water,[9] which is essential for survival. In Subhash Kumar v. State of Bihar (1991),[10] the Supreme Court held that the right to pollution-free water is part of Article 21. The state shall protect and improve the environment as mentioned in Article 48A. It is the duty of every citizen to protect natural resources under Article 51A (g). B. Legal Instruments and their Limitations i. Indian Easements Act, 1882: Grants landowners the right to extract groundwater under their land as a proprietary right. This Act treats groundwater as private property, allowing unregulated withdrawal. ii. Environment (Protection) Act, 1986 The Act empowers the central government to take measures to protect and improve the environment, which includes regulating groundwater extraction through notifications and rules. The Central Government established the Central Ground Water Authority (CGWA) in 1997. This Act empowers CGWA to regulate and control groundwater in notified areas. However, the regulatory powers are limited to notified areas only. Most of India’s over-extracted areas remain non-notified. iii. Water (Prevention and Control of Pollution) Act, 1974 Focuses on preventing pollution of water bodies, including groundwater. Does not address over-extraction or aquifer protection. iv. Model Groundwater (Control & Regulation) Bill It was first drafted in 1970, revised multiple times (notably in 1992, 2005, and 2011) by the Central Ground Water Board (CGWB) and the Planning Commission. It aims in helping the States to formulate the laws for groundwater regulation. The draft includes the following key provisions:  Licensing for groundwater extraction.  Protection of drinking water sources.  Creation of groundwater authorities at various levels. v. Groundwater Management and Regulation Guidelines, 2017 (CGWA) Central Ground Water Authority (CGWA) under the Environment (Protection) Act, 1986 introduced guidelines for groundwater extraction in over-exploited areas, mandatory rainwater harvesting, and groundwater impact assessments for industries. vi. Groundwater Acts by States Several states (e.g., Tamil Nadu, Kerala, Andhra Pradesh, Maharashtra) have enacted their own groundwater regulation acts. These Act focuses on common provisions like licensing, spacing norms, rainwater harvesting mandates etc. However, patchy implementation; lack of coordination across state boundaries (despite aquifers being transboundary) & poor enforcement and data collection are the major drawbacks. The Role of Government in Conservation of Groundwater The government plays a pivotal role in groundwater conservation, both at the central and state levels. Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-11(I)| November 2025 173 i. Government Role According to the Indian Supreme Court, “in today’s emerging jurisprudence, environmental rights which encompass a group of collective rights are described as third generation rights.”[11] The government plays a pivotal role in groundwater conservation, both at the central and state levels. The responsibility for conserving groundwater sustainability is shared across various levels of governance, institutions, and stakeholders. Policy Framework and Legislation:  National Water Policy (2012): The National Water Policy (2012) recognizes groundwater as an important and overused resource. This policy advocates for aquifer-based management and community participation. It emphasizes the need for a regulatory framework to promote groundwater conservation, focusing on equitable distribution, efficient usage, and management.  Draft Groundwater (Sustainable Management) Bill, 2017 recognizes water as a public trust. It proposes Aquifer Mapping, community rights, and groundwater security plans. It also emphasizes decentralized regulation through local bodies.  Groundwater Regulation: States are encouraged to develop groundwater regulation systems, including policies for the controlled extraction of water, especially in over-exploited regions. This includes setting up the Central Ground Water Authority (CGWA) for monitoring and regulating groundwater extraction.  Watershed Management Programs: The government, through schemes like the National Mission for Clean Ganga (NMCG) and Atal Mission for Rejuvenation and Urban Transformation (AMRUT), focuses on improving water conservation and management practices at the local and regional levels.  Subsidies and Incentives: Government subsidies for agricultural water use, especially for the installation of tubewells and pumps, have often contributed to the over-extraction of groundwater. However, reforms such as phasing out unsustainable subsidies and providing incentives for water-saving techniques (like drip irrigation) are gradually being incorporated.  Awareness Programs: The government funds various public awareness campaigns about the importance of groundwater conservation. These include initiatives aimed at educating farmers and urban dwellers on efficient water management, rainwater harvesting, and watershed management. ii. State Government’s Role In India, water management largely falls under state jurisdiction, meaning that state governments are responsible for implementing policies and regulations. The State responsibility is not limited only to provide sufficient drinking water but also to safeguard water resources from human exploitation, encroachment and extraction which turns hazardous.[12] It is the right of every citizen to access Clean and Safe Drinking Water which is fundamental for his livelihood and this is to be safeguarded by the State.[13]  State-Level Groundwater Regulation: Each state can have its own set of laws and regulations related to groundwater management. For example, Rajasthan and Gujarat have introduced groundwater legislation that limits extraction in critical areas. Similarly, states like Tamil Nadu have promoted the use of rainwater harvesting to replenish groundwater supplies.  Watershed Development: States also manage several programs aimed at watershed development and groundwater recharge. These programs help in recharging the groundwater table and preventing its further depletion.  Monitoring and Reporting: Many states have their own Groundwater Departments or agencies responsible for monitoring groundwater levels, usage patterns, and implementing sustainable practices. iii. Local Governance (Panchayats and Urban Local Bodies) At the grassroots level, local bodies such as panchayats (rural local governments) and urban local bodies (ULBs) have the responsibility for implementing conservation measures in their respective areas.  Rainwater Harvesting: Many states have made it mandatory for new buildings to have rainwater harvesting systems, and local bodies are tasked with ensuring compliance with these regulations.  Water Conservation Initiatives: Local governments often manage schemes that promote community-level awareness, water-saving technologies, and groundwater recharge pits in rural and urban areas. Judicial Pronouncements and Doctrines a. Public Trust Doctrine: Public Trust Doctrine is recognized in M.C. Mehta v. Kamal Nath (1997): Natural resources like water are held in trust by the State for the public. Implies that groundwater cannot be privatized and must be regulated for collective benefit. b. Vellore Citizens Welfare Forum v. Union of India (1996)[14] introduced the Precautionary Principle and Polluter Pays Principle in Indian Environmental Law. It relates to groundwater pollution, particularly by tanneries in Tamil Nadu. c. Delhi Water Supply and Sewage Disposal Undertaking v. State of Haryana (1996)[15] SC held that access to drinking water is a fundamental right. Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-11(I)| November 2025 174 d. M.C. Mehta v. Union of India (2004)[16], In this case the Court directed for the implementation of rainwater harvesting in Delhi buildings. Challenges in Groundwater Governance  Fragmented laws across states.  Weak enforcement mechanisms.  Lack of accurate groundwater data.  Over-extraction, especially in agriculture.  Pollution and contamination issues Recommendations  Enact a comprehensive national groundwater law based on the 2017 draft.  Repeal or amend the Indian Easements Act, 1882 to remove private ownership of groundwater.  Empower local governance bodies (panchayats, municipalities) to manage groundwater sustainably.  Strengthen the CGWA’s mandate, with real-time monitoring and penalties for illegal extraction.  Integrate groundwater and surface water management under a unified legal and policy framework. Conclusion The Constitutional principles and environmental laws provide a basis for the conservation and sustainable utilization of water resources in India but the absence of a unified, enforceable national law, along with weak statelevel implementation, has allowed unsustainable exploitation. The Judicial doctrines like the Public Trust Doctrine and Right to Water offer hope, but need to be backed by legislative action and institutional reform. Further, a strong, unified national framework, combined with local governance, public participation, and scientific groundwater management, is essential to ensure sustainable and equitable use of this critical resource. Reference 1. Assistant Professor, Karnataka State Law University’s Law School, Hubballi. 2. Peoples Union of Civil Liberty v. Union of India and Ors. W.P. Civil No. 196/2001. 3. Moustafa Khalifa, Bidaisee (2018). “The importance of Clean Water” Sch. J. Appl. Sci. Res.,1(7), p.17-20. 4. Sriramakrishnan P. (2022). “A Critical Analysis on Right to Clean Water with respect to Groundwater Contamination” Intl. J. Law Mgmt & Hms., 5(1), p.235-246. 5. Narmada Bachao Andolan v. Union of India, (2000) 10 S.C.C. 664. 6. “Resolution 64/292: The human right to water and Sanitation” UNGA, August 2010”. 7. M.C. Mehta v. Kamal Nath (1997) 1 SCC 388. 8. Section 3(3) of the Environment (Protection) Act, 1986. This section allows the Central Government to establish authorities to protect and improve the environment. 9. Article 21 of the Indian Constitution. 10. Subhash Kumar v. State of Bihar & Ors. (1991) AIR 420, 1991 SCR (1) 5. 11. A.P. Pollution Control Board v Prof. M.V. Naidu and Ors. (1999) 4 SCC 69. 12. Sriramakrishnan P. (2022). “A Critical Analysis on Right to Clean Water with respect to Groundwater Contamination” Intl. J. Law Mgmt. & Hms. 5 (1), p.235-246. 13. M.C. Mehta v. Kamalnath (1997) 1 SCC 388 14. Vellore Citizens Welfare Forum v. Union of India & Ors. (1996) 5 SCC 647. 15. Delhi Water Supply and Sewage Disposal Undertaking v. State of Haryana (1996) 2 SCC 572. 16. M.C. Mehta v. Union of India & Ors. (2004) 12 SCC 118.