WATERBODIES AS ECOLOGICAL COMMONS: OWNERSHIP, ENCROACHMENT AND ENVIRONMENTAL GOVERNANCE IN INDIA

Waterbodies in India are not only physical resources but also ecological commons that support biodiversity, groundwater recharge, flood control, community livelihoods and environmental rights enshrined in the Constitution . Although constitutional protections, environmental laws, wetland rules and the public trust doctrine recognized by the courts exist, rivers, ponds, lakes, johads, wetlands, seasonal streams, floodplains and groundwater systems are still subject to encroachment, pollution, land conversion and administrative neglect. This paper examines whether the existing legal framework in India is sufficient to safeguard waterbodies from ecological degradation. It adopts doctrinal legal research as its primary methodology, while analytical, policy-based and limited comparative approaches are used to study constitutional provisions, statutes, judicial decisions, government reports and environmental governance scholarship. The paper argues that the law is insufficient because of weak enforcement, lack of coordination among various levels of government, and land classification that does not reflect ecological conditions.