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Ohdedar, Birsha (2019) 'The Human Right to Water in India: In search for an alternative commons-based approach in the context of climate change.' In: Haller, Tobias, Breu, Thomas, de Moor, Tine, Rohr, Christian and Znoj, Heinz Peter, (eds.), The Commons in a Glocal World: Global Connections and Local Responses. London: Routledge, pp. 475-493. (Earthscan Studies in Natural Resource Management)

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Abstract

This chapter looks at the opportunities for reframing the human right to water (HRW) in the way in India. It analyses the development of the HRW and common-based principles by the judiciary and legislature and the prospects of reframing the HRW. The dominant interpretation of the HRW both in legal and political discourse has been centred upon a fixed relationship between the rights-bearing subject and a particular quantity and quality of water. Participation can also be an important element to the HRW and, depending on the form it takes, a way to respond to the concerns about the individualism of rights. The HRW would be closer to being recognised as a right to transform the hydro-social conditions out of which water is accessed. The pronouncements of the Court over the years, through invoking the HRW and several common-based principles have been significant in giving legal authority to rights and principles.

Item Type: Book Chapters
SOAS Departments & Centres: School Research Centres > Law, Environment and Development Centre
Departments and Subunits > School of Law
ISBN: 9781138484818
DOI (Digital Object Identifier): https://doi.org/10.4324/9781351050982-29
Date Deposited: 03 May 2022 11:31
URI: https://eprints.soas.ac.uk/id/eprint/37159

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