Development of Environmental Justice in India

Topics: Law, Environmentalism, Natural environment Pages: 5 (966 words) Published: November 2, 2013
References:
Books
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...


References:
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Cancer, Gender, and Environmental Justice Essay
  • Development of Juvenile Justice System in India Essay
  • Environmental Justice Essay
  • Essay about Judicial Response to Environmental Issues in India
  • Development of India Essay
  • Development of India Essay
  • Incorporating Kohlberg’s Stages of Moral Development into the Justice System Essay
  • Environmental Justice Essay

Become a StudyMode Member

Sign Up - It's Free