THROUGH PRECAUTIONARY PRINCIPLE
BY SUPREME COURT OF INDIA
RESEARCH PROPOSAL SUBMITTED
AS A PART OF CE
IN LEGAL METHODS
12BBL015- Alind Chopra
12BBL016 – Aniket Desai
UNDER THE GUIDANCE OF:
DR. MADHURI PARIKH
INSTITUTE OF LAW
Table of Content|
Index No.| Particulars | Page No.|
1| Acknowledgement | 3|
2| Proposed Title| 4|
3| Background of the Problem| 4|
4| Aim of the Research| 4|
5| Objectives of the Research| 4|
6| Problems Formulation| 5|
7| Hypothesis| 5|
8| Research Methodology| 5|
9| Scope of Study| 6|
10| Introduction | 6|
10.1| Evolution of the concept| 6|
10.2| Recognition by the Supreme Court| 6|
10.3| Precautionary Principle| 7|
10.4| Implementation of the Precautionary Principle by the Supreme Court| 8| 10.5| Exception to the ‘Precautionary Principle’| 9| 11| Literature Review| 10|
12| References| 12|
We express our sincere gratitude to all the persons who were instrumental in completing our project successfully within the stipulated time. We would like to thank our supervisors Dr. Madhuri Parikh and Ms. Rejitha Nair for extending their helping hands and contributing their valuable ideas and knowledge of law to make the project interesting. We would also like to thank our friends and all those who advised us how to deal with the topic, with few suggestions and always encouraged us during our first year project at NIRMA.
2. Proposed Title: Implementation of sustainable development through precautionary principle by Supreme Court of India.
3. Background of the problem: Article 21 of the constitution of India, which guarantees the right to life, which has been interpreted to mean the right to clean environment.
4. Aim of our Research: The research aims at strengthening the sustainable development indicators by establishing early warnings based on expert opinions on uncertainty and critical development and the need for immediate action by precautionary measures.
5. Objectives of our Research:
1. Need to maintain ecologically sustainable development by assessment of precautionary principle.
2. Another objective is to integrate the precautionary principle into sustainable development analysis in situation where there are uncertain and potentially serious consequences for the environment and the other societal concerns.
3. By sustainable development we can seek to develop where biodiversity, climate, consumption, global sustainable development and social conditions are combined.
6. Problems Formulated: In order to fulfill the objectives, the study had following research questions. 1. Is Sustainable Development solution to the debate of Environment vs. Development? 2. Is precautionary measures by Supreme Court fulfilling UNCED's objectives? 3. What is the impact of Precautionary Principles in controlling Environment degradation? 4. How is Environmental Degradation, Violation of one’s Fundamental Right?
7. Hypothesis: The Research is based on certain assumptions, following are they-
1. Sustainable development is practiced in India through precautionary principle. 2. Supreme Court in various cases has stressed upon sustainable development in India.
8. Research Methodology: The researcher has adopted the method of Doctrinal Research in order to find answers to our research problems and to gain insights into events such as how Supreme Court implements concept of sustainable development through precautionary principle and what is the impact of Precautionary Principle in controlling Environment degradation. Also, a case study approach has been used to evaluate the extent of implementation of sustainable development through the precautionary principle by the Supreme...