Environmental Law
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 5 · LAIETT3N
Unit I — Introduction to Environmental Law
Meaning and Components of environment · Key factors affecting environmental quality: urbanization, industrialization, deforestation, population growth · Forms of environmental degradation: pollution (air, water, soil, noise, hazardous waste), global warming, and climate change · Contemporary environmental issues in India: biodiversity loss, forest and wildlife depletion, plastic and e-waste, disaster-related concerns · Environmental challenges arising from economic and infrastructural development · Historical evolution of environmental regulation in India and the contribution of ancient Indian jurisprudence to its development · Objectives and scope of environmental regulation and governance within the Indian legal system
Unit II — Role of International Law in Development of Fundamental Principles of Environmental Law
Evolution of international environmental law and its influence on India · Stockholm Declaration (1972) – right to a healthy environment, State responsibility · Rio Declaration (1992) – sustainable development, precaution, polluter pays, intergenerational equity · Agenda 21 – action plan for sustainable development · Public Trust Doctrine – developed through global and comparative jurisprudence · UNFCCC (1992), Kyoto Protocol (1997), Paris Agreement (2015) – climate change response · CBD (1992) – biodiversity conservation · Basel Convention (1989) – hazardous waste regulation · Respect of International Environmental Norm: Application of Article 51(c) of Indian Constitution
Unit III — Constitutional Perspectives of Environmental Protection in India
Fundamental Rights and Environment: Article 14 (equality and non-arbitrariness in Environment Decision Making), Article 19(1)(g) (reasonable restrictions for environmental protection), Article 21 (right to a clean and healthy environment), Article 32 (constitutional remedies) · Directive Principles and Fundamental Duties: Article 47 (public health), Article 48-A (environment, forests, wildlife), Article 51-A(g) (citizen duty to protect the environment) · Judicial Role and Public Interest Litigation: Article 226 (High Court writ jurisdiction), PIL as a participatory and investigative tool, Expanded locus standi for environmental matters
Unit IV — Prevention and Control of Water and Land Pollution
Objective and Scope of The Water (Prevention and Control of Pollution) Act, 1974: · Definition of key terms · Pollution Control Boards: Constitution, powers, and functions of Central and State Boards · Water Pollution Control Areas: Notification and regulation · Sampling of Effluents: Procedure for collection and analysis · Consent Mechanism: Procedure for grant, refusal, withdrawal of consent under Sections 25–26 · Restraint Orders: Issuance to prevent or control pollution · Citizen Suit Provision: Right to initiate legal action under Section 49 · Offences and Penalties
Unit V — Prevention and Control of Air and Noise Pollution
Objective and Scope the Air (Prevention and Control of Pollution) Act, 1981 · Air Pollution: Definition, causes, and effects · Pollution Control Boards: Functions of Central and State Boards · Air Pollution Control Areas: Declaration and regulatory measures · Consent Mechanism: Procedure for grant, refusal, and withdrawal of consent for industrial operations · Restraint Orders: Powers to issue directions, including closure or prohibition of activities · Citizen Suit Provision: Legal remedy under Section 19 · Overview of the Noise Pollution (Regulation and Control) Rules, 2000 · Offences and Penalties: Provisions for violations, continuing offences, and liability of companies and government authorities
Unit VI — Protection of Environment
Objectives and scope of the Act · Definitions of key terms: “Environment,” “Environmental Pollutant,” “Environmental Pollution” · Powers and functions of the Central Government: rule-making, setting standards, issuing directions, inter-governmental coordination · Important notifications under Section 6: Hazardous Substances Management Rules; Bio-Medical Waste Management Rules; Coastal Regulation Zone (CRZ) Notification; Environmental Impact Assessment (EIA) Notification, 2006 · Constitution of environmental authorities and delegation of functions · Environmental audit as a tool for compliance and monitoring · Public participation: Role of Civil Society, Access to environmental information · Citizen suit provision under Section 19: procedure and scope · Offences and penalties: enforcement mechanisms and liability provisions
Unit VII — Protection of Forest, Wildlife and Biodiversity
Forest conservation laws : Indian Forest Act, 1927 and Forest (Conservation) Act, 1980 – key features and legal mechanisms · Recognition of forest rights : Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 – Important Features · Wildlife protection laws : salient features of the Wild Life (Protection) Act, 1972 · protected areas, schedules of species, and restrictions on hunting · Law on Biodiversity Conservation - Biological Diversity Act, 2002 and its Salient Features
Unit VIII — Judicial Approaches to Environmental Protection
Origin, need, and objectives of the NGT · Salient features of the National Green Tribunal Act, 2010 · Composition and structure of the Tribunal · Jurisdiction and powers of the NGT · Procedures and guiding environmental principles · Key decisions and role in environmental governance · Limitations and challenges in the functioning of the NGT