Water and Public Policy in India: Politics, Rights, and Governance

✍ Scribed by Deepti Acharya

• Publisher: Routledge India
• Year: 2021
• Tongue: English
• Leaves: 263
• Edition: 1
• Category: Library

✦ Synopsis

This book explores the conceptual and theoretical frameworks of Right to Water and analyzes its values in the context of water policy frameworks of the union governments in India. It uses a qualitative approach and combines critical hermeneutics with critical content analysis to introduce a new water policy framework. The volume maps the complex argumentative narrations which have emerged and evolved in the idea of Right to Water and traces the various contours and the nature of water policy texts in independent India. The book argues that the idea of Right to Water has emerged, evolved and is being argued through theoretical arguments and is shaped with the help of institutional arrangements developed at the international, regional, and national levels. Finally, the book underlines that India’s national water policies drafted respectively in 1987, 2002 and 2012, are ideal but are not embracing the values and elements of Right to Water.

The volume will be of critical importance to scholars and researchers of public policy, environment, especially water policy, law, and South Asian studies.

✦ Table of Contents

Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
List of figures
List of tables
Preface
Chapter 1: Introduction
1.1 Key focuses and framework for the discussion
1.2 Flow of the discussion
1.3 Water as a right in water discourses
1.4 Water scenario in India
1.5 National Water Policies of India
1.6 Aim: the choice of Right to Water in the context of national water policies of India
1.7 Significance and outline of the book
1.8 Scheme of chapters
Notes
Chapter 2: The concept of Right to Water: Emergence and evolution
Introduction
2.1 Towards water as a right in modern political thought
2.1 Towards water as a right in modern political thought
2.2 Conceptual evolution of the idea of Right to Water
2.2.1 International level: Water is a Right
2.2.1.1 Argument (s) against neoliberalism
2.2.1.2 International undertakings: major landmarks
2.2.1.3 The regional understanding: major landmarks
2.2.1.4 Understandings of national constitutions and national laws
2.3 Conceptual progression of Right to Water: Expansion and relation
2.4 Discussing the meaning (s) of Right to Water
2.4.1 Water is a Right: The popular offerings and their significance
2.4.2 What right to water is not: The rejection of claims
2.4.3 Meaning (s) of Right to Water: Paring rights with duties
Notes
Chapter 3: Indian understanding on Right to Water
Introduction
3.1 Right to water in British Colonial Rule in India
3.2 The Idea of Right to Water after independence in India
3.2.1 The Constitutional Understanding(s)
3.2.1.1 Right to Equality (Article 15(2))
3.2.1.2 Right to Freedom (Article 19(1)(e))
3.2.1.3 Right to Life (Article 21)
3.2.1.4 Right to Education Act 2009 (Article 21(A))
3.2.1.5 Fundamental Duties (Article 51(A)(g))
3.2.1.6 Directive Principles of State Policy (Article 48A)
3.2.1.7 Division of Powers between Union, state and local governments (Entry 56 (List I), Entry 17 (List 11) and 73rd and 74th Constitutional Amendment Act 1992)
3.2.2 Reflection of the idea of Right to Water in Indian laws: Major landmark
3.2.3 Planning and programming frameworks: Major proclamations
3.2.4 Undertakings of Indian states: The contexts and key contents
3.2.5 National and regional documents as thin expounder of the idea of Right to Water: A discussion
3.2.6 Right to Water in the view of Indian judiciary: Major cases and their interpretations
3.2.6.1 Right to life includes Right to Water
3.2.6.2 Indian states are the trustee of water resources
3.2.6.3 Water management processes are essentially required to meet international standards
3.2.6.4 Indian states are accountable to provide water as a right to All
3.2.6.5 Individual's rights over water resources are universal
3.2.7 Perspective (s) of Indian civil society
3.2.7.1 Objectives of Indian NGOs
3.2.7.2 Intellectual offerings
3.2.8 Emergence, evolution and recognition of Right to Water in India
3.3 Significance and need of national water policy for fulfilment of Right to Water
3.4 India's national water policies
Notes
Chapter 4: Right to Water in India’s national water policies
Introduction
4.1 Water policy analysis guiding framework
4.2 Who gets water, for what purpose and by whom: an analysis of distributive strategies
4.2.1 The principle of right holders and real beneficiaries: Water to all (available, accessibly, affordable and acceptable)
4.2.1.1 Offerings of the three Policies: Analysis of the table
4.2.2 The principle of special beneficiaries: Children, women, disadvantaged and disabled
4.2.2.1 Offerings of the three policies: Analysis of the table
4.2.3 Principle of needs and priority of water uses
4.2.3.1 Offerings of the three policies: Analysis of the table
4.2.4 Principle of obligations and obligatory parties
4.2.4.1 Government (Union/state/local)
4.2.4.1.1 Offerings of the three policies: Analysis of the table
4.2.4.2 Obligatory party: private sector water providers
4.2.4.2.1 Offerings of the three policies: Analysis of the table
4.2.4.3 Obligatory party: citizens, civil society and research community
4.2.4.3.1 Offerings of the three policies: Analysis of the table
4.3 Status of Right to Water in the Union water policies: an analysis of management strategies
4.3.1 Required provisions for infrastructures and institutional arrangements
4.3.1.1 Offerings of the three policies: Analysis of the table
4.3.2 Mechanisms to ensure regional needs
4.3.2.1 Offering of the three policies: Analysis of the table
4.3.3 Mechanisms to facilitate, protect and promote right to water to all
4.3.3.1 Offerings of the three policies: Analysis of the table
4.3.4 Mechanisms to ensure efficiency with absence of monopoly, discrimination and exploitation
4.3.4.1 Offerings of the three policies: Analysis of the table
4.3.5 Measures to ensure accountability, transparency and people's participation
4.3.5.1 Offerings of the three policies: Analysis of the table
4.3.6 Measures to ensure sustainability of water resources (for future use and protection of the environment)
4.3.6.1 Offerings of the three policies: Analysis of the table
4.3.7 Monitoring system(s) and institution(s) (review and assessment)
4.3.7.1 Offerings of the three policies: Analysis of the table
4.4 Entitlement of Right to Water through Union water policies of India: a discussion
Notes
Chapter 5: Conclusion: Towards Right to Water in India
5.1 Emergence of Right to Water
5.1.1 The international expressions
5.1.2 The regional expressions
5.1.3 The national expressions
5.1.4 Beyond boundaries
5.1.5 The meanings of Right to Water
5.2 The Indian perception on Right to Water
5.2.1 Right to Water in India: National and state understandings
5.2.2 Interpretation(s) of Indian judiciary and civil society
5.2.3 Progression of the idea of Right to Water: Understanding India's pattern
5.3. India's National Water Policies
5.3.1 India's national policies: Towards Right to Water
5.4 What policy makers are required to do
Note
Bibilography
Webliography
New Papers
Appendix A: General Comment 15
I. Introduction
The legal bases of the right to water
Water and Covenant rights
II. Normative content of the right to water
Special topics of broad application Non-discrimination and equality
III. States parties' obligations
General legal obligations
Specific legal obligations
International obligations
Core obligations
IV. Violations
V. Implementation at the National Level
Legislation, strategies and policies
Indicators and benchmarks
Remedies and accountability
VI. Obligations of actors other than states
Appendix B: India’s National Water Policy – 1987
Need for a national water policy
Information system
Maximizing availability
Project planning
Maintenance and modernisation
Safety of structures
Ground water development
Water allocation priorities
Drinking water
Irrigation
Water rates
Participation of farmers and voluntary agencies
Water quality
Water zoning
Conservation of water
Flood control and management
Land erosion by sea or river
Drought management
Science and technology
Training
Conclusion
Appendix C: India’s National Water Policy – 2002
Need for a National Water Policy
Information System
Water Resources Planning
Institutional mechanism
Water allocation priorities
Project planning
Ground water development
Drinking water
Irrigation
Resettlement and rehabilitation
Financial and physical sustainability
Participatory approach to Water Resources Management
Private sector participation
Water quality
Water zoning
Conservation of water
Flood control and management
Land erosion by sea or river
Drought-prone area development
Monitoring of projects
Water sharing/distribution amongst the states
Performance improvement
Maintenance and modernisation
Safety of structures
Science and technology
Training
Conclusion
Appendix D: India’s National Water Policy – 2012
1. Preamble
2. Water Framework Law
3. Uses of Water
4. Adaptation to Climate Change
5. Enhancing Water Available for use
6. Demand Management and Water use Efficiency
7. Water Pricing
8. Conservation of River Corridors, Water Bodies and Infrastructure
9. Project Planning and Implementation
10. Management of Flood & Drought
11. Water Supply and Sanitation
12. Institutional Arrangements
13. Trans-Boundary Rivers
14. Database & Information System
15. Research & Training Needs
16. Implementation of National Water Policy
Index