Water and the Laws in India

by Ramaswamy R Iyer

• ISBN13: 9788178298504
• ISBN10: 8178298503
• Format: Hardcover
• Copyright: 2009-09-04
• Publisher: SAGE Publications Pvt. Ltd

Summary

Water and the Laws in India is 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.Proceeding beyond discussions of various specific legal questions, the book briefly raises and explores the case for an over-arching national water law, a constitutional declaration on water and a global freshwater convention.This volume also discuses the water crisis that is said to be looming on the horizon and analyses what should be done about it and covers issues relating to water-resource policy and management, having legal aspects.

Table of Contents

Preface	p. ix
Introduction	p. xi
A Preliminary Overview
Legal Aspects of Water Resource Management	p. 3
Water And Federalism
Water in India: Constitutional Perspectives	p. 17
Inter-State Water Disputes: A Nightmare!	p. 32
Nation vs Peoples: Inter-State Water Disputes in IndiaÆs Supreme Court	p. 58
Water: Some Major Legal.Themes
Riparianism in Indian Water Jurisprudence	p. 97
The Ownership of Water in Indian Laws	p. 134
The Human Right to Warer: Policies and Rights	p. 149
Community Engagement in Water Governance	p. 167
Water Use: Legal and Institutional Framework	p. 213
Drinking Water Supply: Right and Obligation	p. 251
Water, Women and Rights	p. 275
Some Water-Related Problems: Legal Aspects
Floods and Some Legal Concerns	p. 309
Water Pollution and Contamination	p. 329
Augmenting Water
Big Water Resource Projects
Environmental Decision-making in India: A Critique	p. 359
The ContoutsofElA in India	p. 390
Displacement in the Name of Development	p. 414
Groundwater
Groundwater Law in India: A New Approach	p. 435
Local Water Management
Indian Laws and Acts on Traditional Tank Irrigation Systems	p. 477
Water Law Reform
Water Law Reforms in India: Trends and Prospects	p. 511
Water Law for India: Science and Philosophy Perspectives	p. 535
Drawing The Threads Together
A Synoptic Survey and Thoughts on Change	p. 567
Appendix: Lin of Selected Water and Related Statutes in India	p. 627
About the Editor and Contributors	p. 643
Subject Index	p. 651
Case Index	p. 666
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