Manjeri Subin Sunder Raj | National Law School of India University (original) (raw)
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Papers by Manjeri Subin Sunder Raj
International Journal of Law and Social Sciences
An anecdote with its timeless beauty depicts accurately the dependence of humankind on Mother Ear... more An anecdote with its timeless beauty depicts accurately the dependence of humankind on Mother Earth and the nature of their relation. Justice O. Chinnappa Reddy in Shri Sachidanand Pandey and Anr. v. The State of West Bengal and Others 2 had quoted the same in paragraph two of his judgment and taking into account the beauty of the same, a very short part is reproduced. The backdrop of the story is in USA, circa 1854, when 'the wise Indian Chief of Seattle' retorted to 'the great White Chief in Washington' who wanted to buy their land, that if one does not own natural features and entities, how can one buy it? If one takes a walk back in time, there is no doubt that one would come across the myriad debates and deliberations that have taken place to fathom, realise and curb the impact Mother Nature endures, as a result of the 'developmental activities' that are ever on the increase. It has held fort for quite a long time, ever changing. The time has exceeded for a remedy to pop up, just like that, almost like a magic potion, and present hope and succour, and translate itself to a much needed, much awaited, saviour for humankind as it is ever dependent on Mother Nature, without whom it has no future. The first way out that comes across one's mind, when one talks about a saviour, is obviously, law-a factor that has played a great role in bringing about some sort of a control over mankind over time; a factor that still plays a great role, if not the greatest to ensure that man's activities are kept under control. It is built on a structure composed of a large number of component
Christ University Law Journal
Anthony R. Zelle et al (Eds.), Earth Law: Emerging Ecocentric Law— A Guide for Practitioners, Wol... more Anthony R. Zelle et al (Eds.), Earth Law: Emerging Ecocentric Law— A Guide for Practitioners, Wolters Kluwer, New York, 2021.ISBN 978-1-5438-2068-3The concept of standing can be said to be one of the pivotal aspects as far as any law is concerned and has been discussed and deliberated upon for quite a long time. Environmental jurisprudence, too is no exception when it comes to this aspect. Ever since baby steps were taken by Professor Christopher Stone in his seminal work, Should Trees Have Standing?1, the concept has traversed a long way, obviously, with a whole lot of challenges that it had to overcome. But nevertheless, it did taste success on a number of occasions. Stone’s version led to a situation wherein extending standing was not construed as absurd or unlikely, as it was sure that there would always be someone who would speak for the environment itself. Having influenced Justice Douglas in penning down his much-celebrated dissent in Sierra Club v. Morton2, Trees definitely ...
Revista Catalana de Dret Ambiental
Environmental Law has had a long, arduous journey in India, but has been able to keep up with the... more Environmental Law has had a long, arduous journey in India, but has been able to keep up with the many changes that have taken place, around the globe, and has helped shape India’s environmental legal regime. By tracing the growth of environmental law, through different ages, and by highlighting some of those factors which have contributed immensely to its growth, the idea is to identify certain false grounds and figure out ways to make environmental law more effective. By looking at it through a socio-cultural lens, the aim is to examine as to whether culture, tradition and rituals can be imbibed into law or given a legal recognition, and thereby giving more power to law. The development of Earth Jurisprudence principles and the way in which it is sought to be imbibed in India and the challenges that it faces too are discussed.
Water, as a resource, has played a great role in shaping civilisations. Ever since the beginning ... more Water, as a resource, has played a great role in shaping civilisations. Ever since the beginning of time till the present era, it has influenced the way in which people interact with each other. It has also been able to bring forth myriad aspects related to protection, conservation and sustainable management, coupled with the rights, responsibilities and entitlements that can be attached to it. The present work tries to knit various aspects relating to water management and governance as can be construed from the other three papers written specifically on water and religion and brings about the legal, administrative and regulatory aspects of the same. By tracing the evolution of water laws and the jurisprudential aspect of water administration and water governance, the work tries to identify the problems that we face now and come out with solutions relying on certain principles that still command respect, recognition and reverence.
International Journal of Law and Social Sciences
An anecdote with its timeless beauty depicts accurately the dependence of humankind on Mother Ear... more An anecdote with its timeless beauty depicts accurately the dependence of humankind on Mother Earth and the nature of their relation. Justice O. Chinnappa Reddy in Shri Sachidanand Pandey and Anr. v. The State of West Bengal and Others 2 had quoted the same in paragraph two of his judgment and taking into account the beauty of the same, a very short part is reproduced. The backdrop of the story is in USA, circa 1854, when 'the wise Indian Chief of Seattle' retorted to 'the great White Chief in Washington' who wanted to buy their land, that if one does not own natural features and entities, how can one buy it? If one takes a walk back in time, there is no doubt that one would come across the myriad debates and deliberations that have taken place to fathom, realise and curb the impact Mother Nature endures, as a result of the 'developmental activities' that are ever on the increase. It has held fort for quite a long time, ever changing. The time has exceeded for a remedy to pop up, just like that, almost like a magic potion, and present hope and succour, and translate itself to a much needed, much awaited, saviour for humankind as it is ever dependent on Mother Nature, without whom it has no future. The first way out that comes across one's mind, when one talks about a saviour, is obviously, law-a factor that has played a great role in bringing about some sort of a control over mankind over time; a factor that still plays a great role, if not the greatest to ensure that man's activities are kept under control. It is built on a structure composed of a large number of component
Christ University Law Journal
Anthony R. Zelle et al (Eds.), Earth Law: Emerging Ecocentric Law— A Guide for Practitioners, Wol... more Anthony R. Zelle et al (Eds.), Earth Law: Emerging Ecocentric Law— A Guide for Practitioners, Wolters Kluwer, New York, 2021.ISBN 978-1-5438-2068-3The concept of standing can be said to be one of the pivotal aspects as far as any law is concerned and has been discussed and deliberated upon for quite a long time. Environmental jurisprudence, too is no exception when it comes to this aspect. Ever since baby steps were taken by Professor Christopher Stone in his seminal work, Should Trees Have Standing?1, the concept has traversed a long way, obviously, with a whole lot of challenges that it had to overcome. But nevertheless, it did taste success on a number of occasions. Stone’s version led to a situation wherein extending standing was not construed as absurd or unlikely, as it was sure that there would always be someone who would speak for the environment itself. Having influenced Justice Douglas in penning down his much-celebrated dissent in Sierra Club v. Morton2, Trees definitely ...
Revista Catalana de Dret Ambiental
Environmental Law has had a long, arduous journey in India, but has been able to keep up with the... more Environmental Law has had a long, arduous journey in India, but has been able to keep up with the many changes that have taken place, around the globe, and has helped shape India’s environmental legal regime. By tracing the growth of environmental law, through different ages, and by highlighting some of those factors which have contributed immensely to its growth, the idea is to identify certain false grounds and figure out ways to make environmental law more effective. By looking at it through a socio-cultural lens, the aim is to examine as to whether culture, tradition and rituals can be imbibed into law or given a legal recognition, and thereby giving more power to law. The development of Earth Jurisprudence principles and the way in which it is sought to be imbibed in India and the challenges that it faces too are discussed.
Water, as a resource, has played a great role in shaping civilisations. Ever since the beginning ... more Water, as a resource, has played a great role in shaping civilisations. Ever since the beginning of time till the present era, it has influenced the way in which people interact with each other. It has also been able to bring forth myriad aspects related to protection, conservation and sustainable management, coupled with the rights, responsibilities and entitlements that can be attached to it. The present work tries to knit various aspects relating to water management and governance as can be construed from the other three papers written specifically on water and religion and brings about the legal, administrative and regulatory aspects of the same. By tracing the evolution of water laws and the jurisprudential aspect of water administration and water governance, the work tries to identify the problems that we face now and come out with solutions relying on certain principles that still command respect, recognition and reverence.