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    Role of Judiciary

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    Bharti Kumari
    The document discusses environmental law remedies under the Indian legal framework for environmental protection. It outlines that the Indian Constitution, including articles 21, 48-A and 51(A)(g), provides protections for the environment and reflects a need for conservation. Several acts are also discussed that provide specific legal remedies for environmental protection, including the Water Act, Air Act, Environment Protection Act, and National Green Tribunal Act. Important Indian court cases are summarized that have established the right to a pollution-free environment under the right to life guaranteed by the Constitution.

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    Role of Judiciary

    Uploaded by

    Bharti Kumari
    42 views14 pages
    The document discusses environmental law remedies under the Indian legal framework for environmental protection. It outlines that the Indian Constitution, including articles 21, 48-A and 51(A)(g), provides protections for the environment and reflects a need for conservation. Several acts are also discussed that provide specific legal remedies for environmental protection, including the Water Act, Air Act, Environment Protection Act, and National Green Tribunal Act. Important Indian court cases are summarized that have established the right to a pollution-free environment under the right to life guaranteed by the Constitution.

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    The document discusses environmental law remedies under the Indian legal framework for environmental protection. It outlines that the Indian Constitution, including articles 21, 48-A and 51(A)(g), provides protections for the environment and reflects a need for conservation. Several acts are also discussed that provide specific legal remedies for environmental protection, including the Water Act, Air Act, Environment Protection Act, and National Green Tribunal Act. Important Indian court cases are summarized that have established the right to a pollution-free environment under the right to life guaranteed by the Constitution.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    42 views14 pages

    Role of Judiciary

    Uploaded by

    Bharti Kumari
    The document discusses environmental law remedies under the Indian legal framework for environmental protection. It outlines that the Indian Constitution, including articles 21, 48-A and 51(A)(g), provides protections for the environment and reflects a need for conservation. Several acts are also discussed that provide specific legal remedies for environmental protection, including the Water Act, Air Act, Environment Protection Act, and National Green Tribunal Act. Important Indian court cases are summarized that have established the right to a pollution-free environment under the right to life guaranteed by the Constitution.

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    Environmental Law

    Class: B.A.LL.B. Semester: Vth


    Faculty Incharge: Dr.Puja Jaiswal
    [email protected]
    Topic
    ⚫ Remédies Under Indian Legal Framework vis-
    à-vis Environmental Protection

    The need for protection and conservation of


    environment and sustainable use of natural
    resources is reflected in the constitutional
    framework of India and also in the
    international commitments of India.
    Remédies vis-à-vis Environment Protection

    •General Legal Provisions relating to Control of Pollution


    •Remedies under Specific Laws regarding Environment Protection
    General Legal Provisions relating to Control of Pollution

    •Under the Indian Constitution


    •Under Common law
    •Under the Penal Laws
    •Under the Civil Laws

    Remedies under Specific Laws regarding Environment Protection- Few


    Imp Legislations

    •The Water (Prevention and Control of Pollution) Act, 1974


    •The Air (Prevention and Control of Pollution) Act, 1981
    •The Environment Protection Act, 1986
    •The National Green Tribunal Act, 2010
    •The Hazardous Waste Management Regulations namely:
    •Hazardous Wastes (Management, Handling and Transboundary) Rules,
    2008
    •Biomedical Waste (Management and Handling) Rules, 1998
    •Municipal Solid Wastes (Management and Handling) Rules, 2000
    General Legal Provisions relating to Control
    of Pollution

    Remedies available under


    Under the Indian Constitution
    common law

    Remedies under the Penal Laws Remedies under the Civil Law
    Constitution provisions vis-à-vis
    Environment Protection

    Art. 21 Article 48-A Art. 51-A sub-clause


    (g)
    •Right to life •the State shall •It shall be the duty of
    guaranteed by article Endeavour to protect every citizen of India
    21 of the and improve the to protect and improve
    Constitution to environment and to the natural
    include the right to a safeguard the forests environment including
    wholesome and wildlife of the forests, lakes, rivers
    environment country and wildlife and to
    have compassion for
    living creatures
    Important Judgements
    Charan Lal Sahu v. UOI, AIR 1990 SC 1480
    ⚫ Supreme Court interpreted the right to life guaranteed
    by Article 21 of the Constitution to include the right to
    a wholesome environment.
    ⚫ National dimensions of human rights, right to life,
    liberty, pollution free air and water is guaranteed by
    the Constitution under Articles 21, 48A and 51(g), it is
    the duty of the State to take effective steps to protect
    the constitutional rights guaranteed.
    ⚫ Doctrine of 'parens patriae‘
    ⚫ Ground of forum non conveniens
    Important Judgements
    Subhash Kumar v. State of Bihar, AIR 1991 SC 420/
    1991 (1) SCC 598,
    ⚫ Court observed that 'right to life guaranteed by article
    21 includes the right of enjoyment of pollution-free
    water and air for full enjoyment of life.
    ⚫ Rejected the petition, the Supreme Court held that it
    would only accept PIL petitions filed by persons
    “genuinely interested in the protection of society on
    behalf of the community . . . not to satisfy . . . personal
    grudge and enmity.”
    Subhash Kumar v. State of Bihar, AIR 1991 SC
    420/ 1991 (1) SCC 598
    ⚫ Although the Supreme Court rejected a PIL petition, the
    Court reiterated that Article 21 includes a right to
    environmental protection and observed as follows:
    ⚫ Right to life is a fundamental right under Article 21 of the
    Constitution and it includes the right of enjoyment of
    pollution free water and air for full enjoyment of life. If
    anything endangers or impairs that quality of life in
    derogation of laws, a citizen has right to have recourse to
    Article 32 of the Constitution for removing the pollution of
    water or air which may be detrimental to the quality of life .
    ⚫ Queries
    ⚫ To be contd/-
    Important Judgements
    ⚫ In Rural Litigation and Entitlement Kendra vs.
    State of U.P. (1987) 1 SCR 641 ,
    ⚫ a non-governmental organization initiated a PIL
    through a letter to the Indian Supreme Court,
    documenting the adverse effects of illegal limestone
    quarrying in the Mussorrie-Dehradun area
    ⚫ the Supreme Court prohibited continuance of mining
    operations terming it to be adversely affecting the
    environment.
    ⚫ set up an expert committee to prepare a report for the
    Court on the issue
    Important Judgements
    ⚫ In Indian Council for Enviro-Legal Action vs. Union of India,
    the Supreme Court cautioned the industries discharging
    inherently dangerous Oleum and H acid. The court held that such
    type of pollution infringes right to wholesome environment and
    ultimately right to life.
    ⚫ In Church of God (Full Gospel)in India vs.KKR Majestic
    Colony Welfare Association, the Supreme Court observed that
    noise pollution amounts to violation of Art.21 of the Constitution.
    ⚫ In A P Pollution Control Board (II) v Prof M V Nayudu, (2001)
    2 SCC 62
    Supreme Court observed that the right to have access to drinking
    water is fundamental to life and it is the duty of the State under
    Art 21 to provide clean drinking water to its citizens.
    Important Judgements
    ⚫ MC Mehta v Union of India, 1998 (6) SCC 60 and
    1998 (9) SCC 589,
    ⚫ Court said that clean air is a part of ‘right to life’ and
    directed the Delhi Government, to convert the buses
    in Delhi to Compressed Natural Gas (CNG) to protect
    the people from air pollution.
    ⚫ In Noise Pollution v In Re, (2005) 5 SCC 733
    ⚫ Court ruled that freedom from noise pollution was
    part of ‘right to life’ guaranteed by Article 21.
    ⚫ Queries
    ⚫ To be contd/-

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