केंद्र बिन्दु - जल-कानून

आईईएलआरसी.ओआरजी में आपका स्वागत है

अंतरराष्ट्रीय पर्यावरण कानून शोध केंद्र स्वतंत्र शोध संस्था है। यह अतंरराष्ट्रीय और तुलनात्मक पर्यावरण कानून सम्बन्धी मुद्दों के लिए काम करती है। यह भारत और पूर्वी अ‍फ्रीका में विशेष रूप से सक्रिय है।

आईईएलआरसी का उद्देश्य ऐसा कानूनी और शैक्षणिक ढांचा तैयार करने में सहयोग करना है, जो अंतरराष्ट्रीय संदर्भ में निष्पक्षता के साथ विकासशील देशों में निरंतर पर्यावरण प्रबंधन को बढ़ावा दे। (विस्तृत रूप से पढ़े)

आईईएलआरसी.ओआरजी पर ताजातरीन समाचार (अंग्रेजी में)

Report of the Planning Commission of India's Sub-group on “Legal Issues related to Ground Water Management and Regulation including the Strengthening of the Ground Water Regulatory Authorities at the Centre and States” of the Working Group on “Water Governance” for the XII Five Year Plan [read more] convened by Professor Cullet and Draft Model Bill for the Conservation, Protection and Regulation of Groundwater, 2011 [read more]

Dr Ramanathan to speak at the SOAS Law, Environment and Development Centre seminars on State Responsibility, Corporate Complicity and Conflicts over Land, 8 March 2012 [read more]

Inaugural lecture of Professor Cullet at SOAS on 7 March, Reforming Water Law and Policy in India [read more]

SOAS Centre of South Asian Studies Lecture by Usha Ramanathan on 7 March, Many Ambitions and an Identity Project [read more]

Fifteenth Lok Sabha, Standing Committee on Finance (2011-12) Forty-Second Report, The National Identification Authority of India Bill, 2010. Dr. Usha Ramanathan was one of the expert witnesses deposing in front of the Standing Committee [read more]

Publication of: P. Cullet & S. Koonan, Water Law in India - An Introduction to Legal Instruments (New Delhi: Oxford University Press, 2011). [read more]

Publication of the paperback edition of P. Cullet, A. Gowlland-Gualtieri, R. Madhav & U. Ramanathan eds, Water Law for the Twenty-first Century: National and International Aspects of Water Law Reforms in India (Abingdon: Routledge, 2011). [read more]

Workshop on the Right to Sanitation - Lessons from India in Geneva on 27-28 January 2011. For more information [read more]

Report co-authored by Usha Ramanathan for the Ministry of Environment and Forests on forest land diversion in Orissa related to proposed mining by Vedanta. [read more]

Paper by Usha Ramanathan 'A State of Surveillance'. [read more]

Publication in The Hindu of Usha Ramanathan's 'Implications of Registering, Tracking, Profiling', 5 April 2010. [read more]

Publication of: P. Cullet, A. Gowlland-Gualtieri, R. Madhav & U. Ramanathan eds, Water Governance in Motion: Towards Socially and Environmentally Sustainable Water Laws (New Delhi: Cambridge University Press, 2010). [read more]

Is Water Policy the New Water Law? � Rethinking the Place of Law in Water Sector Reforms

Water law and policy are in principle clearly distinct at the national and international levels. The former is binding while the latter is not. Yet, over the past two decades, the respective space of water law and water policy has evolved to the point where the distinction between the two is sometimes sidelined. At the international level, the increasing pre-eminence of water policy is due in part to the absence of binding legal frameworks in various key areas of the water sector. This has led international water governance to be significantly different from other sectors. At the national level, reforms in the water sector over the past 20 years have often been heavily influenced by the non-binding international water policy instruments. This article explores the trajectory of water law and water policy at the international level and in India over the past two decades. It highlights the specificities of the water sector in this regard and some of the problems that arise when policy ends up either replacing law or as a framework superseding law, thereby throwing out of gear most of the basic principles around which democratic legal orders are based.

Realisation of the Fundamental Right to Water in Rural Areas � Implications of the Evolving Policy Framework for Drinking Water

The fundamental right to water in rural areas is well-established in India, but the actual content of this right has not been elaborated upon in judicial decisions. There is no general drinking water legislation that would provide this missing content. This analysis of various initiatives taken by the government for rural drinking water supply finds that these initiatives do not amount to a comprehensive binding legal framework covering all the main aspects of the fundamental right to water.

Water Law in a Globalised World: the Need for a New Conceptual Framework

Water law is at a crossroads. Its basic structure and principles are being challenged by the increasingly global dimension of water issues. Yet, neither the international framework nor national water laws acknowledge the intrinsic links between the global water cycle and access to water at the local level. Water law must be reconceived around a broader understanding of water while being allowed at the same time to shed its old sectoral framework that makes little space for integration with other related areas of law such as environmental and human rights law.

Land Acquisition, Eminent Domain and the 2011 Bill

The displaced and their advocates have been campaigning for a law that will limit the coercive power of the State in taking over land. The Land Acquisition Rehabilitation and Resettlement Bill, 2011 adopts some of the language and concerns from the sites of conflict. But by beginning with the premise that acquisition is inevitable and that industrialisation, urbanisation and infrastructure will have lexical priority, the LARR Bill 2011 may have gained few friends among those whom involuntary acquisition has displaced, and those for whom rehabilitation has been about promises that have seldom been kept.

Kenya: Justice Sector and the Rule of Law

The premise of this report is based on Kenya�s policy blueprint, Vision 2030, which places rule of law at the center of its goals. It was commenced at the same time as the nation was recuperating from the post-election poll, which resulted in many Kenyans expressing disappointment at the nation�s democratic institutions. The study, produced by AfriMAP and the Open Society Initiative for Eastern Africa, examines and makes recommendations for the following topics: justice sector and rule of law; legal and institutional framework; government track record in respect to rule of law; management of the justice system; independence of the bench and bar; criminal justice; access to justice and the role of donor agencies.