Environment Law

1. Shanthakumar, S.. ‘Introduction to Environmental law’. Nagpur: Wadhwa and Company law Publisher, 2008. 2. Thakur, Kailash. ‘Environmental Protection Law and Policy in India’. New Delhi: Deep & Deep Publications Pvt. Ltd. , 2005. 3. Leelakrishnan, P. ‘Environmental Law in India’. New Delhi: LexisNexis Butterworths, 2005. 4. Leelakrishnan, P. ‘Environmental Law Case Book’, New Delhi: LexisNexis Butterworths, 2005. Article 1. Shantanu Jugtawat: “Role of human rights to achieve the ends of environmental justice”. www. nliu. com/new/Art11.

pdf 2. K. G. Balakrishnan, Former C. J. I. ,: “The Role of Indian Judiciary in Environmental protection”. supremecourtofindia. nic. in/… /dp_shrivastava_memorial_lecture_2 0-3-10. pdf Websites : 1. www. nlsenlaw. org 2. www. jurisonline. in 3. www. legalserviceindia. com 4. www. ebc. co. in Aim and objective: Every person in every community has the right to health, and to a safe and healthy environment. Environmental justice can be defined as fair treatment to all people irrespective of income, caste, class, gender, ability, religion etc.

The struggle to live in a healthy, safe, productive, and enjoyable environment by communities whose rights are not well respected by people in power is sometimes called the struggle for environmental justice. This Project would be focusing into the development of concept of environmental justice in India. This project research study is based on achieving the following objectives: 1. To trace the growth of environmental justice awareness in different phases 2. To explain the legislative and policy growth related to environment in India 3. To elaborate the sentinel role played by Supreme Court in growth of environmental jurisprudence in India.

4. To discuss the adoption of international environmental principles in Indian scenario Overview of literature: Over the last three decades, the concept of “right to environment” has witnessed a paradigm shift. The declaration in the United Nations conference, on human environment from 5th to 16th June, 1972, considered the need for a common outlook for common principles to inspire and guide the people of the world in the preservation and enhancement of human environment. The term “Environmental Law” refers to the gamut of statutes, treaties, conventions, regulations and policies addressing the myriad environment concerns.

The Wild Life (Protection) Act, 1972, the Water (Prevention and Control of Pollution) Act, 1974, the Forest (Conservation) Act, 1980, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the National Environment Tribunals Act, 1995, the National Environmental Appellate Authority Act, 1997, the Biodiversity Act, 2002 etc. along with the Rules, Regulations and Notifications under these acts have provided regulatory measures, ‘the Hard Law’ mostly in response to the treaties and conventions, ‘the Soft Law’, signed by India.

In recent years, there has been a sustained focus on the role played by the higher judiciary in devising and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection. Devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle environmental problems, and this approach has its supporters as well as critics. Hypothesis: Since the 1980s, the role of Indian Supreme Court in the evolution of environmenntal Jurisprudence has been significant, innovative and also partly controversial and deviating from its constitutionally assigned powers and function.

The Government has yet to develop an explicit national policy on the environment. The Indian Constitution, in the 42nd Amendment, has laid the foundation in article 48A and 51A for a jurisprudence of environmental protection. Today, the State and the citizen are under a fundamental obligation to protect and improve the environment, including forests, lakes, rivers, wildlife and to have compassion for living creatures. These constitutional compulsions must vitalise the rule of law into weaving a dynamic policy on environment lest the paramount law be stuetified into a paper declaration.

Our democracy, which rests on the people’s welfare and active participation, must not surrender to Moneyocracy which damages our environment and denudes our ecology. The right of access to justice is characterized as the most fundamental of all the fundamental rights. The environmental justice is part of socio-economic development of the society. The superior judiciary has made tremendous progress in distributing environmental justice. The orders passed by the Supreme Court have provided healing touch to many and even those, who are residing in remote places in hills, coastal areas and forests.

The Courts, however, are not the forum to solve all environmental related challenges in the country. Judiciary has to be equipped with creation of additional capacities to deal with the whole gamut of environment related issues. Only the trained and motivated judges can take correctional measures and help in distributing environmental justice with human element, fairness and compassion. To that extent every court in the country should be turned into environmental court, for environmental actions. Research Methodology:

This study basically follows doctrinal research method in the compilation, organization interpretation and systematization of the primary and secondary sources material. The study is non-empirical and is not based on extensive field surveys. Primary sources like Indian Statues, rules and regulations report of the Working Committees, Standing Committees and Cabinet Committees, are the basis of study. Reports produced by non- governmental organizations (NGOs) and autonomous statutory bodies have also been considered.

Foreign statues, rules and regulations and their committee reports have been critically analyzed. International charters, covenants, declarations and other instruments have been duly referred to. As a secondary tool for study, books of eminent authors, articles in research journals, newspapers editorials and reports from NGOs have been scanned and analyzed. Tentative Chapter Division: Tentatively the research work will be arranged in 8-10 chapters. They may be as follows: 1. Introduction 2. Environmental justice and the Constitution.

3. Elevating Environmental problems to the status of violation of fundamental rights 4. Emergence of Environmental Jurisprudence 5. Judicial decision-making process on Environmental issues 6. Impact of judicial intervention on Environmental Governance 7. Innovative judgments in environmental litigations and its implications •Right to Environment •Procedural changes •Remedial flexibility •Evolution of environmental principles and doctrines 8. PIL, Human Rights & Environmental Justice 9. Conclusion 10. References.