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Environmental Law and Governance in India
Sairam Bhat and Centre for Environmental Law, Education, Research, and Advocacy (CEERA)
This book provides an insightful and holistic up-to-date perspective of the constitutional governance and legal framework in India with regard to environmental protection.
Covering the foundational principles of environmental law, the book details the current status of international environmental law in the face of complex environmental challenges including climate change. The topics covered include water resource governance, and coastal regulation, with a particular focus on the growing significance of the National Green Tribunal. It also covers the wide range of policies that have been introduced over the past 50 years and the impact these have had.
The book will be of interest to researchers, legal practitioners, and scholars in the field of environmental law and governance as well as international law.
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Environmental Law and Policy in India
Sairam Bhat and Centre for Environmental Law, Education, Research, and Advocacy (CEERA)
This book focuses on administrative regulation in environmental law. It also focuses on climate change, and the push for sustainability.
Covering the regulation on forest conservation, wildlife protection, water pollution, air pollution, and noise pollution, the book looks into the practical application of environmental legislation. This includes responses to international environmental agreements within India and the economic impact. It also discusses historical jurisprudence, and the administrative frameworks existing as a result of this.
Focusing on contemporary issues within the legal landscape, the book aims to provide a solid foundation for researchers, legal practitioners, and scholars in the field of environmental law and policymaking.
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Water Justice and Groundwater Subsidies in India: Equitable and Sustainable Access and Regulation
Gayathri D. Naik
This book examines the impact of water-related subsidies on social and distributive equity and environmental sustainability in groundwater access and regulation in India.
This book argues that adopting a water justice framework is essential to ensure equitable and sustainable access to and regulation of groundwater by balancing anthropogenic and ecological water needs. The inherent inequity resulting from property rights-controlled groundwater access gets widened by the social, political, and economic factors determining the subsidy beneficiaries. Adopting a socio-legal approach, this book draws on two contrasting case studies in India: Kerala, a water-secure state, and Rajasthan, an arid state. Arguing for a shift to a new paradigm in water governance, it critically examines the feasibility of the public trust doctrine and rights of nature discourse to analyse the best suitable regulatory framework that can balance the human right to water and ecological sustainability in groundwater resources. It demonstrates the feasibility of adopting various environmental law principles that balance human rights to water and nature. It argues that the hitherto highlighted public trust doctrine cannot address these inequities due to its anthropogenic bias and property rights link. This book examines the applicability of the rights of nature discourse instead of these property rights-based regulations to incorporate and mainstream the concerns of aquifer protection in water governance.
This book shall be of great interest to students, scholars, and practitioners of water law and policy, environmental law, water and social justice, development studies, and political ecology.
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Court on Trial: A Data-Driven Account of the Supreme Court of India
Aparna Chandra, Sital Kalantry, and William H.J. Hubbard
The Indian Supreme Court was established nearly seventy-five years ago as a core part of India's constitutional project. Does the Court live up to the ideals of justice imagined by the framers of the Indian Constitution? Critics of the Supreme Court point out that it takes too long to adjudicate cases, a select group of senior advocates exercise disproportionate influence on the outcome of cases, the Chief Justice of India strategically assigns cases with an eye to outcome, and the self-appointments process-known as the collegium-is just another 'old boy's network'. Building on nearly a decade of original empirical research, this book examines these and other controversies plaguing the Supreme Court today. The authors provide an overview of the Supreme Court and its processes which are often shrouded in mystery, and present data-driven suggestions for improving the effectiveness and integrity of the Court.
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Lives of Circumcised and Veiled Women: A Global-Indian Interplay of Discourses and Narratives
Debangana Chatterjee
The book unravels the politics of representation and the process of exoticising women’s bodies through the prism of external gaze and knowledge production. It brings out the intricacies of representational discourses around cultural practices of female circumcision (FC)/female genital cutting (FGC) and Islamic veiling.
Focusing on crucial international legal texts and national legislation, the book gives an overview of the cultural nuances in FC/FGC and juxtaposes it with the Indian variation, khafz. The author studies the international veiling narratives that conjure up a fractured discourse containing aspects of colonialism, Islamophobia, and Islamic fashion and maps them with the regional variations of Islamic purdah in India. The volume explores the cultural practice of khafz and purdah through narratives in India, portraying how representational factors from international discourses reflect on the Indian context and vice versa.
Amid the world of binaries and polarised opinions, the book offers a nuanced analysis of the space in-between, characterised by narratives from women. By situating women’s narratives in relation to family, community, state, and international politics, the book explores the global-Indian interplay of discourses on FC/FGC and Islamic veiling. This volume will be of interest to scholars, students, and readers of gender studies, feminism, cultural and religious studies, sociology, South Asian studies, and International Relations.
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V.D. Mahajan's Constitutional Law of India, Eighth Edition
Sanjay Jain
Thoroughly revised by Dr. Sanjay Jain after 32 years, this edition of V.D. Mahajan's classic will aid students of Constitutional law in their quest to understand and study this magnificent document from a refreshing new perspective.
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Liberalism and its Encounters in India: Some Interdisciplinary Approaches
R. Krishnaswamy and Atreyee Majumder
This book explores the future of liberalism in India. It moves away from traditional approaches and draws upon resources from other disciplines – those subjects which some might think don’t strictly fall under political science or theory – like anthropology, literature, philosophy — to critically engage with the condition of late capitalist modernity in India.
The essays in the volume trace liberalism's journey through modern Indian history to give us a new standpoint to understand current debates and also point to some internal contradictions of Indian liberalism.
The volume will be of importance to scholars and researchers of political science, especially political theory, and South Asian studies.
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From Indians in Trinidad to Indo-Trinidadians: The Making of a Girmitiya Diaspora
N Jayaram
This book explores the dynamics of the socio-cultural baggage that Indian indentured migrants took with them to the Caribbean island of Trinidad and how they have since become a vibrant diaspora community, namely the Indo-Trinidadians. It combines social history with first-hand fieldwork data to portray human ingenuity in terms of social reconstitution and community building in a hostile socio-cultural environment. Furthermore, it addresses key social institutions—religion, caste, and family—and cultural elements—language, foodways, and ethnicity. Its analytical framework is guided by the concept of metamorphosis; it steers clear of the persistence versus change hypotheses. Given its focus, it will be of interest to students and scholars of sociology, social anthropology, history, and migration and diaspora studies.
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Caste Matters in Public Policy: Issues and Perspectives
N Jayaram, Rahul Choragudi, and Sony Pellissery
Caste in India, despite its historical resilience, has been undergoing transformation since independence. If caste as a system of rigid stratification has been on the decline, castes as autonomous interest-serving groups have been on ascendance. This book critically engages with the changing notions of caste and its intersection with public policy in India. It discusses key issues such as social security, internal reservation, the idea of Most Backward Classes, caste issues among non-Hindu religious communities, caste in census, caste in market, and service castes and urban planning. Drawing on in-depth case studies from states including Andhra Pradesh, Delhi, Karnataka, Punjab, Tamil Nadu, Telangana, and West Bengal, the volume explores the cyclical process of how caste drives policies, and how policies in turn shape the reality of caste in India. It looks at the impact of factors like protective discrimination, adult franchise and democratic decentralisation, horizontal and vertical mobilisation, land reforms, and religious conversion on social mobility, and traditional hierarchy in India.
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Crime Victimisation in India
Sudhir Krishnaswamy, Renuka Sane, Ajay Shah, and Varsha Aithala
This edited volume is a pioneering and comprehensive study of crime victimisation in India. Relying on the findings of four crime victimisation surveys conducted in India, it provides a unique basis for understanding crime in society. It considers the public’s fear of crime and perceptions of safety and security, focusing on their access to the police and how they view police effectiveness. This study provides critical data on the level of crime within particular spatial and temporal conditions which can supplement official statistics on crime published by the state, help systematically diagnose law and order issues and develop solutions for improved policing and public safety. A unique and timely volume, this book will be of interest to researchers of Asian criminology, victimology and the study of the criminal justice system, as well as those interested in empirical research and policy making in criminal justice.
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Periyar: A Study in Political Atheism
Karthick Ram Manoharan
This volume is a thematic study of the work and ideas of Periyar E. V. Ramasamy. It analyses Periyar's emancipatory, irreverent and revolutionary critique of religion using the idea of 'political atheism'. Drawing extensively from Periyar's own writings, contemporary accounts of Dravidian politics and the theory of Anarchism, this groundbreaking study provides a new perspective on Periyar's engagements with religion, caste and their collaborations with the state. Periyar is not just a new appraisal of 'Periyarism' but a reminder of its continuing significance in global conversations on justice, equality and liberty.
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Commentary on Consumer Protection Act, 2019
Ashok R. Patil
The development of new technology in the form of e-commerce and the increasing integration of global markets and supply chains have changed the way consumers interact with the marketplace. This has given rise to new challenges for the consumer, and the existing consumer protection framework falls short in dealing with them. To address these concerns, the Consumer Protection Act, 2019, seeks to lay down a more robust scheme for consumer protection with the introduction of new measures such as the establishment of a general regulator, providing for a product liability regime, encouraging mediation, and developing appropriate regulations to protect and promote the rights of consumers. Commentary on Consumer Protection Act, 2019 provides a comprehensive analysis of the said Act. It covers all facets of consumer law in India from a critical lens, tracing the development of consumer law jurisprudence and policy measures undertaken by the government and highlighting the salient features of the Consumer Protection Act, 2019, and the rules and regulations framed therein.
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Properties of Rent: The Political Economy of Urban Villages in Delhi
Sushmita Pati
We live in cities whose borders have always been subject to expansion. What does such transformation of rural spaces mean for cities and vice-versa? This book looks at the spatial transformation of villages brought into the Delhi's urban fray in the 1950s. As these villages transform physically; their residents, an agrarian-pastoralist community - the Jats - also transform into dabblers in real estate. A study of two villages - Munirka and Shahpur Jat - both in the heart of bustling urban economies of Delhi, reveal that it is 'rent' that could define this suburbanisation. 'Bhaichara', once a form of land ownership in colonial times, transforms into an affective claim of belonging, and managing urban property in the face of a steady onslaught from the 'city'. Properties of Rent is a study of how vernacular form of capitalism and its various affects shape up in opposition to both state, finance capital and the city in contemporary urban Delhi.
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The State of Accountability in the Global South: Challenges and Responses
Sony Pellissery, Sylvia I. Bergh, and C. Sathyamala
Political leaders and institutions across the Global South are continually failing to respond to the needs of their citizens. This incisive book sets out to establish the pathways to and outcomes of accountability in a development context, as well as to investigate the ways in which people can seek redress and hold their public officials to account.
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Legal Barriers to Accessing Safe Abortion Services in India: A Fact Finding Study
Aparna Chandra, Mrinal Satish, Shreya Shree, and Mini Saxena
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Critical Essays on Disability Rights Jurisprudence: Combating Exclusion, Embracing Inclusion
Sanjay Jain
This book is a collection of high quality research papers contributed by eminent academicians, philosophers and jurists. Its main objective is to disseminate and spread awareness about rights of persons with disabilities. The book also provides useful inputs to activists, lawyers, jurists and academicians to evolve empowerment strategies for recognition, promotion and protection of rights of persons with disabilities. Besides the Indian scenario, the book also explores developments in disability rights in countries like Nepal, Sri Lanka and USA, thereby broadening the horizon of the field. It features high quality articles focusing on international law standards of Human Rights of persons with disabilities.
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Theorising Urban Development From the Global South
Sony Pellissery, AK Mohan, and J. Gómez Aristizábal
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Democratic Constitutionalism in India and the European Union: Comparing the Law of Democracy in Continental Polities
Arun Thiruvengadam and Philipp Dann
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International Taxation: The Indian Perspective
Nigam Nuggehalli
This book covers all major topics in international tax law, ranging from permanent establishments and capital gains to the taxation of royalties and technical services, transfer pricing, and General Anti-Avoidance Legislation. It also highlights the Indian “story” of status vs. contract by examining four areas of controversy: permanent establishments, FTS (Fees for Technical Services) & Royalty, capital gains, and transfer pricing. The book approaches the subject of international taxation from two opposing yet related perspectives. One is the tax planning perspective, which involves contracts entered into by individuals and companies; the other is that of state regulation through increasingly complex legislation.
The area of permanent establishments demonstrates the dominance of contracts over status, at least with respect to Indian tax law. However, some recent judicial decisions in this area demonstrate the susceptibility of contracts to status-related arguments. The areas of FTS & Royalty as well as those of capital gains and transfer pricing demonstrate the Indian government’s attempts to establish, through legislation, the dominance of status over contracts.
Whereas traditional textbooks on international tax law focus on the legal technicalities of tax legislation, this book provides tax scholars and lawyers with an understanding of tax planning and tax legislation side by side in each chapter, specifying the respective kind of actual or anticipated tax planning activity that in turn prompted a legislative response. As such, it offers readers a contextual and practical introduction to the complexities of international tax law, as well as an in-depth analysis of the latest debates and controversies in this area.
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