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Water and the Laws in India: Sage Law

Editat de Ramaswamy R Iyer
en Limba Engleză Electronic book text – 24 iun 2018
Laws relating to water in India have diverse origins, including ancient local customs and the British Common Law. The in-depth chapters in this compendium, written by luminaries from various fields, pertain to issues on water and proceed to a discussion of the legal questions that arise. This volume thus straddles two domains, viz., (i) water-resource policy, management, conservation, conflict-resolution, etc., and (ii) water law. The book also briefly raises and explores the case for a constitutional declaration on water and an overarching national water law.

The book is an invaluable resource for policy-makers, planners and administrators concerned with water at the Central, State and local levels; students, academics and practitioners in the domains of water as well as law; and social scientists, NGOs and activists concerned with the various issues discussed in the book. It should be useful as a main or supplementary textbook in universities and research or management institutions where any aspect of water (engineering, ecological, legal, social, economic, management or other) is a subject of study.
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Specificații

ISBN-13: 9788132104247
ISBN-10: 8132104242
Pagini: 684
Dimensiuni: 140 x 216 mm
Ediția:First Edition
Editura: SAGE Publications
Colecția Sage Publications Pvt. Ltd
Seria Sage Law

Locul publicării:New Delhi, India

Recenzii

Iyer’s latest book is a welcome and timely.… This book is recommended reading for anyone interested in water issues regardless of their disciplinary training or ideological position. This volume should motivate young scholars, particularly from the disciplines of sociology and geography, to formulate research questions for empirical enquiry in the water arena, including issues related to legal pluralism.

This book is a bold and comprehensive attempt to capture all that we know about how to manage and regulate the various `vessels` that hold water for different uses… Unlike a typical law book that would either argue from a normative understanding of a basic principle, eg the human rights approach towards legislation, or generalise from case laws towards legal framework, this book combines both the approaches through contributed articles…. The book marks a "watershed" in water legislation documentation.
It is a well-conceived and well-written volume, for which both the editor and the contributors deserve full appreciation. Their painstaking efforts and the thoroughness of their work are remarkable. What is unique about the book is that it does not not deal with water law per se but with water law as it relates to various physical, economic, institutional, and policy aspects affecting water resource management in India…Despite the legalistic nature of the subject, the language used in most of the chapters is easy to follow even by the lay people. A major addition to the existing literature, the book fills a gap in one of less-researched areas of water resource management and connected areas. It should serve as a valuable source for senior researchers working in the water-law interface.
Worth reading…. The books packs in 20 papers on different aspects of water and the legal questions that arise. The papers are written by well known experts… This gives the reader a more holistic perspective…. Recommended reading.
The book has made a commendable effort in bringing together experts from various streams of expertise to identify the lacunae plaguing the existing framework and explore ways to address these from diverse perspectives….It is a useful contribution to the literature on the social dimensions of water, and will be essential reading for education and research in the various dimensions of development studies, water management as well as law.
Water is not just a rights issue for laws and policies but a fundamental issue of the country’s governance for the Constitution itself to address and accommodate.Water and the Laws in Indiais indeed a rich compendium of well-researched articles by knowledgeable persons critiquing the existing legal framework and proposing wide-ranging changes in it. The production by SAGE publications is impressive though the price (Rs 995) for the Indian market is a bit too high. Yet, no library or department dealing with water can afford not having a copy of this informative publication.

Cuprins

Introduction - Ramaswamy R Iyer
I. A PRELIMINARY OVERVIEW
Legal Aspects of Water Resource Management - A Vaidyanathan and Bharat Jairaj
II. WATER AND FEDERALISM
Water in India: Constitutional Perspectives - Kamala Sankaran
Inter-State Water Disputes: A Nightmare! - Fali S Nariman
Nation vs Peoples: Inter-State Water disputes in India's Supreme Court - Radha D'Souza
III. WATER: SOME MAJOR LEGAL THEMES
Riparianism in Indian Water Jurisprudence - Tony George Puthucherril
The Ownership of Water in Indian Laws - Videh Upadhyay
The Human Right to Water: Policies and Rights - Upendra Baxi
Community Engagement in Water Governance - M S Vani
Water Use: Legal and Institutional Framework - K J Joy and Suhas Paranjape
Drinking Water Supply: Right and Obligation - K C Sivaramakrishnan
Water, Women and Rights - Kuntala Lahiri-Dutt
IV. SOME WATER-RELATED PROBLEMS: Legal Aspects
Floods and Some Legal Concerns - Dinesh Kumar Mishra
Water Pollution and Contamination - Paritosh C Tyagi
V. AUGMENTING WATER
Big Water Resource Projects - Manju Menon and Kanchi Kohli
Environmental Decision Making in India: A Critique
The Contours of EIA in India - Shyam Divan
Displacement in the Name of Development - Himanshu Thakkar
Groundwater Law In India: A New Approach - M S Vani
Local Water Management
Indian Laws and Acts on Traditional Tank Irrigation Systems - Dhan Foundation
VI. WATER LAW REFORM
Water Law Reforms in India: Trends and Prospects - Philippe Cullet and Roopa Madhav
Water Law for India: Science and Philosophy Perspectives - T N Narasimhan
VII: DRAWING THE THREADS TOGETHER
A Synoptic Survey and Thoughts on Change - Ramaswamy R Iyer
Appendix: List of Selected Water and Related Statutes in India - Farhana Z Khan
Index

Descriere

Water and the Laws in Indiais a compendium on the various issues and questions that arise in relation to water in its different aspects and uses. Water is a large and complex subject, and discussions on it give rise to many issues. The book addresses aspects like: What is the nature of water? Is it a basic life-need and therefore a basic right, or an economic good (or tradable commodity), or a natural resource belonging to the community or the nation? Pertinent questions like-Who owns it or should own it? Should it be state-controlled or community-managed or left to be governed by market forces?-have been answered in this volume.