1,720,986 research outputs found
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
Research Handbook on Law, Environment and the Global South
No full textThis comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice
Water Law in India – An Introduction to Legal Instruments
No full textIndia’s dependence on water is critical owing to its large agricultural base, the water needs of its billion-plus population, and the recent economic growth trends. Despite the plethora of material on environmental law, legal scholarship on water law in particular has been negligible. This timely work pieces together key legislative instruments and policy documents to provide an overarching picture of the legal regime and regulations related to water in India. The book discusses the policy framework for the use of water in India. It also brings out the complexity in the structure of laws due to variations at the levels of their implementation, i.e., at the international, national, state, municipal, and panchayat levels. It covers a wide range of issues such as centre–state relations; management, appropriation, and control of water; irrigation; sanitation; drinking water; ground water; pollution; and water-dependent activities like power generation, and fisheries. It further explores water-related environmental and health concerns. The work also examines the importance of various conflict resolution processes for resolving water-related disputes. It offers a range of legal ideas on water management in India, and thus, provides major insights into the field. This work will fill a critical gap in the study of and research on water law, providing a ready reference point for a variety of legal mechanisms, and introduction to how they work and what their implications are.! Lucid and comprehensive, this book, apart from being invaluable for students and teachers of law, political science, economics, and development studies, will also appeal to anybody keen to learn more about water law in India
Water Law in India: An Introduction to Legal Instruments
No full textFirst published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India. This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments. Chapters on drinking water supply, environmental dimensions of water conservation, water infrastructure for irrigation and flood control, groundwater regulation, and institutions catering to water have been thoroughly updated for a complete coverage of water law
Revamping the Groundwater Legal Regime in India: Towards Ensuring Equity and Sustainability
No full textThe evolution of a separate groundwater law in India is a relatively new development. This development marks a shift from the dated common law rule that recognises the uncontrolled right of landowners over groundwater, which perpetuated gross inequity in accessing groundwater by restricting access only to landowners. In this context, framing of new groundwater laws is seen as a key step towards addressing the aggravating problems of depletion and contamination of groundwater along with eliminating inequity in accessing groundwater. Access to groundwater is also directly related to the realisation of the right to water because groundwater is the most important source for drinking and other domestic purposes. Therefore, a legal framework ensuring sustainable use of, and equitable access to, groundwater will have tremendous impact and influence on the effective realisation of the right to water in the Indian context. In this background, this article examines the capacity of the existing and evolving groundwater law in India to ensure equity, sustainability and realisation of the right to water. This article also highlights the gaps in the existing legal framework in this regard and suggests basic principles, norms and approaches that should form the underlying elements of the groundwater legal regime to make it capable of ensuring sustainability, equity and human right
Revamping the Groundwater Legal Regime in India: Towards Ensuring Equity and Sustainability
No full textThe evolution of a separate groundwater law in India is a relatively new development. This development marks a shift from the dated common law rule that recognises the uncontrolled right of landowners over groundwater, which perpetuated gross inequity in accessing groundwater by restricting access only to landowners. In this context, framing of new groundwater laws is seen as a key step towards addressing the aggravating problems of depletion and contamination of groundwater along with eliminating inequity in accessing groundwater. Access to groundwater is also directly related to the realisation of the right to water because groundwater is the most important source for drinking and other domestic purposes. Therefore, a legal framework ensuring sustainable use of, and equitable access to, groundwater will have tremendous impact and influence on the effective realisation of the right to water in the Indian context. In this background, this article examines the capacity of the existing and evolving groundwater law in India to ensure equity, sustainability and realisation of the right to water. This article also highlights the gaps in the existing legal framework in this regard and suggests basic principles, norms and approaches that should form the underlying elements of the groundwater legal regime to make it capable of ensuring sustainability, equity and human right
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation
Full text linkThere are, at least, three different but complementary international legal regimes that deal directly or indirectly with farmers’ rights. Among these multilateral treaties, FAO Treaty expressly addresses farmers’ rights. At the same time, multilateral treaties such as the Convention on Biological Diversity and the UPOV Convention refer to farmers’ rights indirectly. In this background, this paper examines these legal regimes that deal with farmers’ rights
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