Environmental law (1) (original) (raw)
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Constitutional Provisions for the Environmental Laws in India and Challenges for the Enforcement
International Journal of Research, 2019
There is Constitutional Provisions for the legislations on environmental protection in India but their enforcement has been far from satisfactory. There is need for the effective and efficient enforcement of the Constitutional mandate and other environmental legislations. The creative role of judiciary has been significant and laudable. Pursuant to the Constitutional provisions contained in Articles 48A and 51A(h), many Public Interest Litigations have been instituted in the Supreme Court of India against many industries for failing to provide adequate pollution control and also against Pollution Control Boards to direct them to take appropriate measures to ensure pollution control. For the purpose of efficient and effective enforcement of these lays, it is necessary to set up an Adjucatory Body which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws.
The role of judicial mechanisms in the enforcement of Environmental Laws.docx
The protection of environment is a pressing issue. Every person, organization and institution has an obligation and duty to protect it. Environmental protection encompasses not only bringing down pollution level but also sustainable development and conservation of natural resources and the ecosystem. Today, the necessity of environmental awareness and enforcement is more demanding and urgent than ever before. Despite provisions in Indian Constitution providing for Environmental protection and many statutory provisions, the environment degradation continues.
Environmental Protection and Role of Judiciary in India
isara solutions, 2021
The law should vary with time and with changing needs of the generations. The legal theory of social engineering propounds that there should be an improvement in the law in the light of social wants of the time. An active judiciary adopts various means to meet the growing needs of a society. One of the major vehicles of justice in this regards is the public interest litigation. Indian Judiciary started adopting the concept of public interest litigation for promoting various interests of the society including its enforcement. Judicial activism may not only serve to improve the dynamism of the existing laws and jurisprudence but also lead to newer direction and fields where legal system has not developed at all.
A REVIEW OF JUDICIAL TRENDS ON THE FACTORS OF ENVIRONMENTAL POLLUTION IN INDIA
A REVIEW OF JUDICIAL TRENDS ON THE FACTORS OF ENVIRONMENTAL POLLUTION IN INDIA, 2023
This research paper discus about present scenario of India's current environmental pollution problem. The research paper also covered judicial trends and developments, pollution in India, its causes, and effects. The problem of the environment in India has reached alarming dimensions as a result of the country's tremendous poverty, deforestation, industrial growth without adequate environmental safeguards, and sheer greed. Environmental pollution is currently one of the biggest threats to both human life and the continued existence of all the gifts of nature has kindly given to humankind. In present time of period, the current environmental problems include desertification, climate change, air pollution, carbon dioxide emissions from burning fossil fuels, water contamination from runoff from pesticides and other fertilizers, a lack of clean drinking water, and noise pollution due to heavy transportation and traffic activities.
An Analysis of Judicial Trends towards the Factors Responsible For Environment Pollution in India, 2022
This research paper discus about the present scenario of the environment pollution in India. Also this research paper discussed about judicial trends, causes and effete of the environment pollution and in India. In India environmental problem has reached alarming dimensions due to poverty, deforestation, industrial development without adequate environmental safeguards, and sheer greed. Environmental pollution now constitutes the leading hazards not only to human life but also the existence of all the gifts that nature has so kindly bestowed to man. Current environmental problems include climate change, air pollution, carbon-dioxide emissions from the burning of the fossils, fuels, water pollution from runoff pesticides and other fertilizers limited fresh water and desertification and noise pollution due to the heavy transportations and traffic activities.
THE ENVIRONMENTAL JUSTICE IN INDIA: A CRITICAL APPRAISAL OF 1987 CASE LAW
Environment degradation is an emerging issue and raised the eyebrows of legislatures at the national and international levels and laws were framed to control and prevent environmental pollution. Whereas, the judiciary is trying its best to balance the environment and development. In view of the degrading environment which poses a problem for the very survival of living things, the environmental law academics lately started paying attention to this underdeveloped field. The present paper makes an attempt to take further discussion on Indian judicial approach in the field of environment. Such academic exercise is all the more necessary in the present time because Indian judiciary since 1980 is taking special cognizance of the pollution explosion and there is a substantial increase in the case law in environment. Is not the time ripe to take stock of the direction of environmental justice in India? The present paper makes a humble attempt in this direction. It confines discussion to the cases of 1987 decided by the Supreme Court of India and the High Courts. This specific year has been selected because the graph of case law in environment from the year 1950 to 1990 shows its highest peak in 1987.In this paper I have also discussed the various sector responsible for environmental degradation which included fertilizer, dolomite stones pulverising, tanning, distillery, slaughterhouse, electronics and mining activities etc.
Principles of International Environmental Law and Judicial Response in India
Banaras Law JournalVolume 37-37, No. 1&2 January 2008-December 2009, pp.132-145., 2007
This article attempts to analyze the issues relating to the linkages between international environmental law principles and their applications in domestic law by the state courts in India. The aricle analyse the role of judicial power or judicial activism of the Indian Supreme Court to achieve the goal of sustainable development. The court held that "Polluter Pays Priniple" and " Precautionary Principle" are integral part of the "Sustainable Development". This articlr also demonstrate the judicial activism or creativity of Justice Kuldeep Singh, famously known as a "Green Judge" in India.
Development of Environmental Laws in India
Development of Environmental Laws in India highlights the dynamic nature of environmental law-making in India between the judiciary, the executive and the parliament. This has led to the creation of a wide range of environmental institutions and bodies with varied roles and responsibilities. The book contains a large volume of materials from the late 1990s, which show a marked shift in the nature of environmental governance in India. These materials offer an understanding of the contemporary debates in environment law in the context of India's economic liberalisation. The materials are thematically organized and presented in an accessible manner. The chapters contain definitions and specific clauses from the legal instruments and refer to court orders and judgements on these themes.