Abstract:
Nearly all of the Jaffna Peninsula is dependent on a shallow freshwater aquifer
system that is particularly susceptible to stresses brought on by climate change.
Salinization is accelerating throughout the region due to rising sea levels,
protracted droughts, excessive groundwater extraction, and decreasing
recharge rates, endangering public health, agriculture, long-term
sustainability, and the security of drinking water. Though this has already
marked its urgency, the lack of comprehensive legal framework to handle
ground water extraction, monitoring, and climate resilience. As a result, the
lacunae maintain without a fill. The handful of statutes that govern
environmental law in the country, including The National Environmental Act,
Coast Conservation Act, and Disaster Management Act provides only
fragmented and indirect protection and it leads to significant gaps regarding
aquifer rights, control of private wells, and limits on intensive pumping.
Employing the qualitative method of research, and comparative legal analysis,
the researcher critically examines legal vacuum surrounding groundwater
governance in the Jaffna Peninsula and evaluates the extent to which climate
change exacerbates existing vulnerabilities. Through comparative analysis of
the regional models such as India and Bangladesh, the study argues the
necessity of establishing robust legal framework through Groundwater
Protection and Climate Resilience Act in Sri Lanka. Thus, the paper suggests
for a regulatory architecture centred on licensing, monitoring, community
participation, and climate-informed aquifer management. Through the
discussion and the lessons taken from selected other jurisdictions, the
researcher emphasizes that in addition to ensuring environmental security,
strengthening groundwater laws is crucial for safeguarding Northern Sri
Lankan communities’ constitutional rights to life, health, and a clean
environment.
