This article, which contains four parts, explores the ways in which climate change challenges the nature of property in Indian water. The first briefly recounts the ways in which control over surface freshwater is currently achieved in India. It focuses on the use of property as a concept for use in determining allocation, identifying a continuum of approaches to allocating property in water. Yet, because such allocation is nothing more than a fragmentation of the water resource in increasingly smaller bundles, the second part explains why doing so will result, ultimately, in the inability of any user to make effective use of the resource, for any purpose. The third part considers two alternatives to property as a means of allocating the use of freshwater found in Indian rivers, one secular, the other sacred. Finally, the article concludes with some brief reflections on the nature of transformative change necessary to achieve a sustainable and inclusive approach to water allocation.
Babie, Paul T, Property in Indian Water: A Future Transformed by Climate (July 6, 2021). University of Adelaide Law Research Paper No 2021-54, Amity Law Review (15) December 2019 pp 1-17.