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.

Environmental degradation in India has been caused by a variety of social, economic, institutional and technological factors. Rapidly growing population, urbanisation and industrial activities have all resulted in considerable deterioration in the quality and sustainability of the environment. This volume containing a collection of papers, describes the current deplorable state of environment in India. Government policy and initiatives (constitutional, legislative, and fiscal) to protect environment and ensure sustainable growth have been highlighted. The role of judiciary over the past decade to supplement the flurry of legislative and administrative measures has also been set forth.

Environmental Degradation Mainly Caused By Human Interference Is The Most Alarming Anxiety And A Primary Concern Of The Present Society. The Wetlands, Forests, Savannahs, Estuaries, Coastal Fisheries And Other Habitats That Recycle Air, Water And Nutrients For All Living Creatures Are Being Irretrievably Damaged. The Oceanic World Is Under Threat. The Enhanced Pace Of Development Activities, Rapid Urbanization, High Degree Of Mechanization And Steep Rise In Energy Consumption Have Resulted In Stress On Natural Resources And Quality Of Life, Thereby Directly Or Indirectly Affecting The Sustainability Of The Environment. India Too, In This Context, Is Not An Isolated Case.In Order To Preserve The Pristine Environment, A Great Number Of Laws Have Been Enacted By The Indian Government. The Ignorance Of These Laws Is In No Way Excusable In Jurisprudence. With A View To Acquaint The Readers With The Increasing Environmental Degradation And Its Dire Consequences As Well As Make Them Aware Of Their Legal Duties And Rights In The Related Arena, The Present Two Volumes On Environmental Legislation In India Have Been Prepared. These Include Important Laws Enacted To Curb All Sorts Of Pollution Environment, Air, Water And Noise. In Addition, They Provide The Laws Related To Forest Conservation, Wildlife Protection, Biological Diversity, Coastal Regulation And Many More.The Present Two Volumes Would Be Highly Useful For Students And Researchers Of Environment. These Are Of Great Importance For The Industrialists Because These Inform Them Of The Prerequisites And Norms They Have To Abide By During The Process Of Their Manufacturing. These Would Also Be Useful To Government Executives And Ngos Concerned With Environment And Pollution Problems. Since The Laymen Are Deeply Interested In Clean Environment, The Book Would Be Of Great Interest To Them.

Within the last two decades, India has not only enacted specific legislation on environmental protection but has also virtually created a new fundamental right to a clean environment in the Constitution. The models and methods adopted in the Indian context appear, at first sight, similar to those in other common law systems. Yet there are many subtle differences which have changed the structure and content of legal development in India. Indian environmental jurisprudence brings out the unique characteristics of a new legal order which has gradually been established in India. The distinguishing nature of this jurisprudence, as this book shows in detail, has three interconnected elements. First, the nature of the new Indian constitutional law regime accords greater importance to public concerns than protecting private interests. Secondly, this jurisprudential development reflects certain aspects of Indian legal culture, through implicit and explicit reliance on autochthonous values and concepts of law, encapsulated in the Indian juristic postulate of dharma. Thirdly, the emerging Indian environmental jurisprudence bears testimony to the activist role of the Indian judiciary which has also had a significant impact in many areas other than environmental law. In short, the development of environmental jurisprudence in India manifests neo-dharmic jurisprudence in postmodern public law. It accommodates ideas currently voiced by experts around the world for protecting the environment in forms modified by the Indian legal culture.

Today, more than ever before, there is considerable concern about the deterioration of the environment arising from environmental pollution — water, air, noise, radiation and others. For, such pollution has a huge adverse impact on human health, and the hazards it poses are too numerous. There is also a felt-need for environmental protection and management and effective implementation of environmental laws. This comprehensive book, authored by Prof. Sengar, an eminent academic, with his wealth of experience in various areas of environmental law and management, brings these issues into sharp focus. The book highlights problems such as public health and safety, right to carry on trade vis-à-vis duty to protect environment, right to information about hazardous installations, right to clean environment, and ecological balance for sustainable development. It stresses the need for striking a balancer between environment and development to bring about sustainable development. Finally, the text shows how important it is to formulate a legal framework for environmental protection. KEY FEATURES : • While giving a broad conceptual overview of environmental law, the text explains the major environmental laws, examines the relevant provisions, and traces the origin of constitutional support to environmental protection. • Refers to all leading cases on environmental law and highlights the role of judiciary on entertaining as well as restraining public interest litigations (PILs) to stop environmental violations. • Provides Appendices containing various environmental laws. • The accompanying CD-ROM contains text of all relevant environmental laws—both general and specific—to help readers have access to those laws instantly. Primarily intended as a text for students of law (LL.B./BA LL.B./LL.M., MBL) and management (MBA), the book should also prove to be an excellent reference for academics, lawyers, judges, environmental activists, environmental managers and corporates concerned with environmental protection.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in India. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting India. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.

With reference to India.