Groundwater Exploitation in India for Quenching Thirst and Supporting Water for Food

The extent of groundwater reliance in India for agriculture and drinking water is enormous, making the country the most groundwater-reliant and exploiting country in the world. This water source supports the drinking water supply and irrigation in the country. The hydrogeological, climatic and legal factors contribute to this extensive reliance on groundwater. These current groundwater legal frameworks based on land-water nexus with a robust property rights framework lead to uncontrolled extraction, resulting in a surge of over-exploited zones in the country. Despite attempts by the courts to regulate water governance using principles like public trust and precautionary principles and the attempts of the State to enact new legislations that move away from this property rights linked land-water nexus regime in groundwater regulation, the current legislative framework that controls groundwater extraction in the State adopts a curative approach. The land-water nexus in groundwater not only exaggerates the inherent socio-economic divide between water users but also threatens the groundwater sources and their sustainability, impairing the ecosystem balance. This chapter examines this dilemma, where the groundwater legal framework-inspired exploitation leads to depletion of groundwater resources and aquifers. This chapter argues that uncontrolled exploitation without concern for the rights of aquifers constitutes an instance of eco-crime, and this anthropogenic encroachment over the ecosystem spaces should be categorised as an element of eco-crime. This chapter adopts a socio-legal approach and provides insights from the experiences gathered from the arid State of Rajasthan, India.