The law and policy frameworks for allocation or reallocation of water to different uses, or within a category of use, remain underdeveloped in India. This paper intends providing a starting point for a conversation on the law and policy dimensions of inter-sectoral water allocation. Focusing on a specific inter-sectoral water allocation conflict in Rajsamand District, Rajasthan, it illustrates gaps in the existing law and policy frameworks and highlights multiple issues that need to be addressed.

Groundwater is now the main source of water for all major water uses in India and needs to be given greater policy attention. The fact that it is a politically sensitive topic because any reform will affect some powerful constituencies cannot be an excuse anymore for lack of action. Inaction only increases existing inequalities in access to groundwater by progressively reinforcing the power of bigger landowners at the expense of other water users.

The fundamental right to water in rural areas is well-established in India, but the actual content of this right has not been elaborated upon in judicial decisions. There is no general drinking water legislation that would provide this missing content.

The fundamental right to water in rural areas is well-established in India, but the actual content of this right has not been elaborated upon in judicial decisions. There is no general drinking water legislation that would provide this missing content.

Any understanding of global warming must consider the relative contribution to the problem by the richer countries and the rich, over the poorer countries and the poor who are the most affected due to the problem. The legal regime adopted to solve the issue should place the poor and human rights in the centre stage of a new entitlement-based strategy to address the issue. This framework would then involve the development of technology reducing greenhouse emissions in the richer countries and the transfer of the same to the poorer ones.