Pursuing a Better National Water Policy Endowed with Substantial Rights on Water: Case Study of Sri Lanka

Abstract

Every state is bound to fulfil fundamental needs of each human being as a duty bearer and subsequently those needs secured more powerful status as human rights. Formerly the water was an unlimited resource and Justinian categorized water under "Res communes” or resource common to all. However for the time being water became a commodity and many restrictions have been implemented over water resources. Similarly it became a scarce resource for many areas. Accordingly water need to be regulated though integrated mechanism. Since the water scarcity became a universal challenge world community presented new strategies to counter upcoming menaces. Many treaties and action plans were introduced in order to ensure the sustainable use of water resources. Right to water confronted with water rights. Land owners were against to ensure right to water of others, violating their water rights. But the governing bodies were bound to protect both right to water while protecting water rights. This paper intends to investigate this conflicting issue and main objective of this paper is to introduce proper national water policy for Sri Lanka which could counter the water management issues. Further this paper looks into water protection strategies and prevailing laws and appropriate mechanisms towards sustainable water use. Furthermore this paper suggests to secure the current runoff and utilize it through proper mechanism. This research use qualitative research methodology and mostly the secondary data and analytical and interpretative approach of writing.