The Human Right to Water in India
University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2021-09 The Human Right to Water in India Fatima, Zainab Fatima, Z. (2021). The human right to water in India (Unpublished master's thesis). University of Calgary, Calgary, AB. http://hdl.handle.net/1880/113981 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY The Human Right to Water in India by Zainab Fatima A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS GRADUATE PROGRAM IN LAW CALGARY, ALBERTA SEPTEMBER, 2021 © Zainab Fatima 2021 ii Abstract This thesis analyzes and examines the right to safe and accessible drinking water as a human right focusing on India. The objective of this research is to assess the current status of the right to water in India, especially after judicial recognition of this right as part of the right to life guaranteed under the Indian constitution. It highlights the opportunities and challenges for further developing such a right. It also suggests some possible measures that India may have to consider in order to make this right a reality. It is important to note that this doctrinal research is limited in scope as it only focuses on one aspect of right to water, that is, the right to safe and accessible drinking water in the Indian context. This thesis makes an argument for an explicit and substantive recognition of the right to water in India’s constitution and laws based on experience with three comparable rights: the Indian right to education, the Indian right to food, and South Africa’s explicit right to water in its constitution and laws. As the right to life is closely connected to the right to water, it should not only be recognized but also strongly protected by law. Though this thesis acknowledges that a constitutionally/statutorily-protected human right to water won’t solve all water problems, it tries to make the case that such an approach may help to prioritize water, set minimum standards of governance, mobilize political will, fix accountability of government (especially towards marginalized sections), and to prepare a framework for community participation involving different stakeholders that will lead to more informed decision-making. iii Acknowledgements I cannot express the joy and contentment I am feeling at completing my degree. From moving to a new country, to fighting a pandemic and facing health struggles, my master’s program has been quite a journey! I would like to thank some people, without whom I would not have been able to complete this research and would not have made it through my degree. I would like to express my sincere gratitude and regards to my supervisor Professor Martin Olszynski for his consistent guidance and unwavering support. He was really patient and understanding during the research and writing of this thesis. He was always kind to keep in touch virtually throughout the COVID-19 pandemic and helped me steer through this research despite all odds. His comments and feedbacks were always helpful and constructive. I would also like to thank and appreciate my other Professors at Faculty of Law who shared their valuable knowledge through their teachings and provided strong guidance and encouragement in my research journey. I am grateful to my Professor and Graduate Program Director Dr. Lyndsay Campbell for her insights on legal research and writing with her encouragement and guidance. I am so thankful to her for always pushing things in right direction for me. I would also like to thank Dr. Fenner Stewart for his inputs and suggestions on my topic. I also thank Professor Anna-Maria Hubert for encouraging and supporting me. I am grateful for the scholarship from the Faculty of Graduate Studies and the Faculty
