Abstract:
Right to water is essential for human
survival. Thus, this research aims at identifying the
importance of right to safe drinking water and
sanitation in a humanitarian perspective. Therefore,
this study mainly focuses on finding out whether there
is an express right to safe drinking water within the
legal framework of Sri Lanka. The objectives of this
research are to identify the issues relating to the right
to water in Sri Lanka, to identify whether there is an
express right to water and sanitation and to propose
necessary amendments to the existing legal regime.
The methodology of this research is a combination of
black-letter and comparative approach. Furthermore,
this research would employ a qualitative analysis of
primary data such as constitutional provisions,
international instruments and judicial decisions and
secondary data of books, journal articles and internet.
The Sri Lankan legal regime relating to the right to
water will be discussed under three main topics
namely slum-dwellers, plantation sector and schools.
Moreover, the South African legal regime will also be
discussed in order to conduct a comparative analysis
relating to the said area. The study reveals that there
are certain laws with regard to right to water in Sri
Lanka. Simultaneously, it also identifies that there are
some policies on the right to water, even though they
do not have any binding effect. Finally, the study
concludes with a view that right to water under the Sri
Lankan legal regime is unsatisfactory while providing
recommendations to the said issue such as recognizing
the right to water and sanitation as a self-standing
right.
