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केंद्र बिन्दु - जल-कानून

 
 
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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)

 
   

Announcing the publication in January 2019 of Right to Sanitation in India – Critical Perspectives edited by P. Cullet, S. Koonan & L. Bhullar. [read more]

 
   

Publication of Groundwater and Climate Change – Multi-Level Law and Policy Perspectives edited by Philippe Cullet & Raya Marina Stephan. [read more]

 
   

Publication of The Gallant Academic - Essays in Honour of HWO Okoth-Ogendo edited by Patricia Kameri-Mbote & Collins Odote. [read more]

 
   

Publication of Water Law in India: An Introduction to Legal Instruments (2nd edition) edited by Philippe Cullet and Sujith Koonan. First 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. [read more]

 
   

PhD funding at SOAS University of London for a project on Mining, Land and Water Law: Ensuring Sustainable and Equitable Outcomes. A new funding opportunity for PhD applicants seeking to work at the intersection of mining, and and water law is offered for a project co-supervised at SOAS and Birkbeck. For further information, visit the following page towards the end of 2016.

 
   

OpEd in The Statesman by P. Cullet, 'Why Delhi Must Think Beyond Water ATMs’. Read the full article here.

 
   

The Government of India, Ministry of Water Resources, River Development & Ganga Rejuvenation has put out for comments the Draft National Water Framework Law and the Draft Model Bill for Conservation Protection and Regulation of Groundwater drafted by the Committee of which Prof. Cullet is a member. The call for comments can be found on this link.

 
   

Prof. Philippe Cullet has been invited to be a Member of the Government of India, Ministry of Water Resources, River Development & Ganga Rejuvenation’s ‘Committee to Draft National Water Framework Law’, a Member of the Committee ‘Re-draft the Draft Model Bill for Conservation Protection and Regulation of Ground Water, 2011’ and a Member of the Committee to ‘Draft River Basin Management Bill’. 

 
   

Publication of Sanitation Law and Policy in India – An Introduction to Basic Instruments edited by Philippe Cullet and Lovleen Bhullar. This is the first book bringing together the various dimensions of sanitation law in India in a single volume, a crucial contribution in the context of the fast increasing interest for all matters related to sanitation. [read more]

 
   

नवीनतम अकादमिक प्रकाशन

कृपया नोट करें कि हमारे लेखों और पुस्तक अध्यायों की सम्पूर्ण सूची के लिए यहां पहुंच सकते है, हमारी पुस्तकों के लिए यहां हमारे कार्यकारी प्रपत्रों के लिए यहां और उपरोक्त सभी के साथ साथ विवरण प्रपत्र, सामयिक लेखों, विशिष्ट तथ्य-संग्रह और विविध प्रपत्रों सहित इस वेबसाइट पर प्रकाशित सभी प्रपत्रों की व्यापक सूची के लिए यहां पहुंच सकते हैं।

 

 
 

Model Groundwater (Sustainable Management) Bill, 2017: A New Paradigm for Groundwater Regulation

The Groundwater (Sustainable Management) Bill, 2017 drafted by the Ministry of Water Resources, River Development & Ganga Rejuvenation provides a new template that states can use to adopt legislation capable of addressing the fast-increasing groundwater crisis faced by many states. This Bill follows on an earlier model bill drafted in 1970 and updated several times until 2005 on which the dozen of existing groundwater acts are based. This 1970 template is unsuited to the present needs of a country where groundwater is now the primary source of drinking water and irrigation. In particular, it fails to provide for local-level regulation of what is often known as the most local source of water and fails to provide for conservation measures at aquifer level. The 2017 Bill integrates legal developments having taking place since the 1970s, such as the decentralisation reforms kick-started in the 1990s, the recognition of water as a fundamental right and its recognition as a public trust. In doing so, it provides new bases for regulating groundwater as a public resource and to take measures at aquifer level, something that is crucial to address ongoing over-exploitation and falling water tables.

     
सम्पूर्ण मूलपाठ को डाउनलोड करें        साइज: 19 [KB]  
 
 

Groundwater Law, Abstraction, and Responding to Climate Change - assessing recent law reforms in British Columbia and England

In 2014, British Columbia enacted the Water Sustainability Act, a comprehensive overhaul of its ground and surface water regimes. Meanwhile, in England more piecemeal changes have been made to existing groundwater laws and policies. Through developing a framework from groundwater governance and climate change adaptation literature this paper analyses the effectiveness of these reforms, which have been carried out through different methods and from different starting points. The paper goes on to considers how new processes and technologies, such as hydraulic fracturing (fracking), bring fresh challenges in aligning progress in groundwater law reforms with the wider policy framework.

     
सम्पूर्ण मूलपाठ को डाउनलोड करें        साइज: 251 [KB]  
 
 

Regulating the Interactions Between Climate Change and Groundwater: Lessons from India

Groundwater is often considered a largely local issue that is difficult to regulate. Further, groundwater regulation has often focused on use, rather than protection and conservation. There has thus been little integration of environmental concerns into groundwater regulation. Climate change calls for rethinking the regulatory framework for protecting and regulating groundwater. In India, the climate change regime has not given groundwater adequate prominence. Conversely, groundwater regulation remains largely detached from environmental challenges, including climate change. This needs to be addressed through regulation that links the two fields and is based on legal principles derived from the Constitution of India.

     
सम्पूर्ण मूलपाठ को डाउनलोड करें        साइज: 189 [KB]  
 
 

Right to Sanitation in India: Nature and Scope

In 2014, the Government of India launched the Swachh Bharat Mission (SBM), its flagship programme on sanitation. This has triggered a significant momentum in the sanitation sector in India. Although the SBM is more or less a continuation of the erstwhile policy framework on sanitation in India (the Nirmal Bharat Abhiyan in the rural sanitation context), it did manage to bring sanitation to the forefront in the agenda of implementation agencies. The state machinery including the machinery at the local level has started focussing more on implementation of sanitation policies and programmes. Achievement of open defecation free status has all of a sudden become a target for the state governments and local bodies...

     
सम्पूर्ण मूलपाठ को डाउनलोड करें        साइज: 465 [KB]  
 
 

Gender Issues in Electoral Politics in Kenya: The Unrealized Constitutional Promise

The road to gender equality has been long and arduous for Kenyan womens movement. While progress has been made over time, a lot remains to be done in the area of representation in elective and appointive positions. Up to 2010, the Constitution and law were cited as the biggest obstacles in the way of gender equality. The promulgation of the Constitution of Kenya 2010 contains very robust equality, non-discrimination and participation provisions. However, it did not provide clear implementation mechanisms for the affirmative action provisions for womens representation. It was hoped that the promulgation of this constitution would ensure gender equality. However, the promulgation and enactment laws is not sufficient. In the area of electoral politics, while the number of women in Parliament has increased, compliance with the constitutional rule of not more than two thirds of the same gender remains a challenge because of the absence of mechanisms to ensure adherence. Not surprisingly, the earliest court matters and advisory opinions sought on the Constitution related to gender equality. It is against this background that this Chapter analyzes the promise of gender equality and non-discrimination in electoral politics. Contextualizing the issue within history, womens struggles and the road to the Constitution of Kenya 2010, the authors identify critical milestones highlighting the role of the womens movement. This provides the backdrop against which the 2013 elections are discussed. The authors also navigate the political and social manoeuvres that have surrounded attempts to meet the two thirds gender rule. The Chapter looks at how women fared in the 2013 elections -nominations, campaigns; the voting process; and the results of the first elections under the Constitution. The authors use gender analysis to illustrate how that politics remain a citadel of male political dominance noting that given the nature of Kenyan society, affirmative action measures and quotas remain the most effective pathways towards gender equality in electoral politics. The authors discuss disputes that have arisen noting the lack of canvassing of the gender question as a substantive issue to buttress the point that discussions on gender in Kenya are still at the periphery. They decry the dearth of bold, transformative and path-breaking jurisprudence on the substantive gender question in electoral politics in Kenya, which in their view is what is needed to alter the political playing field and the rules of the game. In conclusion, the authors argue that in no country has gender representation in politics been achieved through the promulgation of laws alone, highlighting the need for effective implementation mechanisms; incentives for actors to follow through; and sanctions meted against those who do not comply.

     
सम्पूर्ण मूलपाठ को डाउनलोड करें        साइज: 972 [KB]