1,721,189 research outputs found
River Rights – Framing, Recognition and Beyond
No full textThis chapter starts by engaging with the conceptual framing of river rights. It highlights some of the potential that the river rights discourse offers as an alternative to the dominant paradigm of sustainable development. A river rights framing provides a basis to question the primacy that sustainable development effectively gives to economic development and its anthropocentric understanding of nature. Other elements considered include the potential of a river rights framing for rethinking the top-down nature of environmental protection, for moving away from the property rights focus that has been the highlight of water law, and for giving more attention to people’s concerns in addition to the support that natural sciences offer to environmental protection. The next section examines the evolving river rights jurisprudence, focusing on the two decisions of the Uttarakhand High Court concerning Ganga and Yamuna. The last section then offers some pointers towards rethinking river rights. This includes framing river rights within a context of equity, engaging with the balance of rights and obligations, and considering potential modes of representation. It concludes by suggesting that river rights should be conceived as rights that bring together the anthropo- and eco-centric dimensions of protection through a framing as eco-human rights
Introduction
No full textThe state of rivers throughout the world is a cause for concern. Large rivers like Ganga and Yamuna have been the subject of much attention, and various remedial measures have been introduced for years with varying levels of success. On the contrary, small rivers are usually seen, at best, as tributaries of something more important, but are often not considered. This is what made us decide to start our enquiry with a small dying river. The Champa River, a small tributary of the Ganga River in Bihar's Bhagalpur district, is one of thousands of such rivers. It may seem inconsequential in the context of the broader Ganga basin, but it is nonetheless a full river, with its own catchment, biodiversity and riparian communities. It is recognised as a critically endangered water system, and for all practical purposes is a dead river since it has little to no flow for large parts of the year. Some of the reasons of its degradation are extraction of silt, garbage dumping and riverbed encroachments by settlements. As a result, the erstwhile river is now locally known as Champa Nala. Recently, the Government of Bihar has marked nineteen rivers for rejuvenation, and Champa Nala is one of them
Sanitation Law and Policy in India–An Overview
No full textThis chapter provides an overview of sanitation law and policy in India and contextualizes the legal and policy instruments reproduced in later chapters. After highlighting the broad scope of sanitation that extends beyond the overwhelming focus on access to toilets, it briefly outlines the legal framework for sanitation that comprises the Constitution of India; local laws for urban and local areas as well as environmental laws and public health laws, etc.; and judgments of the Supreme Court as well as High Courts. This is followed by an outline of the policy framework for sanitation in urban and rural areas. The pros and cons of the growing reliance on administrative directions and policies are also briefly explored. This chapter also draws attention to the non-binding international instruments relating to sanitation. It concludes with a discussion on the reasons for the lack of emphasis on sanitation law and policy, and finally, the rationale for this volume
Water Law and Policy in India: Background and Overview
No full textThis chapter provides a concise introduction and overview of water law and policy in India. It examines the overall regulatory framework governing water, from the constitutional provisions to the diverse sectoral laws, policies and administrative directions that make up water law. It also introduces some of the basic concepts, such as water rights, the right to water, state control, and public trust. It then analyses general developments over the past couple of decades in terms of policy reforms (water sector reforms) and water law reforms
The Right to Sanitation
Full text linkThe right to sanitation has been recognized for many years by the Supreme Court of India and high courts. Its recognition is not in question but there is a lack of a comprehensive legal framework that can contribute to making the right a reality on the ground. Administrative directions that have come to define governmental action in practice, particularly in rural areas, fill this gap. The focus on behaviour change, individual household toilet construction and open defecation-free status has helped in achieving some sanitation related targets. It has also raised some important concerns with regard to gender equality, universality of entitlements, and the understanding of rights holders as beneficiaries. This chapter analyses different elements that need to be addressed moving forward, including the need for giving more attention to community toilets, for convergence with other rights, for mainstreaming environmental considerations, and for ensuring equality and dignity in sanitation work
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