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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.
Sommario
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 - Dhan Foundation
Indian Laws and Acts on Traditional Tank Irrigation Systems
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
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Ramaswamy R Iyer is Honorary Research Professor at the Centre for Policy Research, New Delhi. He served in the civil service for 34 years before retiring as Secretary, Ministry of Water Resources.
