Environmental Law

Hidayatullah National Law University · LL.B. Semester 4 · LLB-C-402

Unit I — INTRODUCTION

Environment: Meaning, Definition and Concept; Types of Environment · Environment v. Development · Environmental Pollution- Types and Sources · Emerging Issues: Light Pollution, Climate Change.

Unit II — INTERNATIONAL ENVIRONMENTAL GOVERNANCE

Introduction to International Environmental Governance · History and Development of International Environmental Law · United Nations Conference on Human Environment, 1972 (Stockholm Conference) – Aims and Objectives of the Conference, Outcomes and Impact of Stockholm Conference. · Brundtland Commission Report 1987 (Our Common Future), Sustainable Development. · United Nations Conference on Environment and Development, 1992 (Earth Summit)-Aims and Objectives of the Conference, Rio Declaration 1992, Agenda 21, UNFCCC, Millenium Development Goals (MDGs), Sustainable Development Goals (SDGs), Johannesburg Summit, 2002, Conference of Parties (CoP), Paris Agreement, Nationally Determined Contributions (NDCs)

Environment Protection from International Perspectives — Stockholm Conference, Rio Declaration and Johannesburg Declaration

Unit III — DEVELOPMENT OF ENVIRONMENTAL LAW IN INDIA AND FUNDAMENTAL PRINCIPLES OF ENVIRONMENTAL LAW

Protection of the Environment during the Ancient and Medieval Period · Protection of the Environment during the British Period. · Environmental Protection in Independent India. · Fundamental Principles of Environmental Law

Environment Protection-Significant Concepts and Principles — Sustainable development Polluter Pays Principle Precautionary Principle

Unit IV — PROTECTION OF ENVIRONMENT UNDER INDIAN CONSTITUTION

Legislative Machinery related to Environmental Issues. · Direct Provisions for Environmental Protection. · Indirect Provisions for Environmental Protection. · Fundamental Rights and Environmental protection- Judicial Role, Writ Jurisdiction, Expansion of Locus Standi, PIL, Dynamic Interpretation of Constitutional provisions.

Constitutional Provisions relating to rights and duties of people and government

Unit V — ENVIRONMENTAL PROTECTION: INTRODUCTION TO OTHER LAWS IN INDIA

Provisions under Criminal Laws · Tort Actions-Damages and injunction, Nuisance, Negligence, Strict Liability and Absolute Liability, Bhopal Litigation. · Other Remedies: Class Actions and Suits under CPC, Public Liability Insurance Act, 1991. · EIA and Public Participation in Environmental Decision Making. · Public Participation in Environmental Decision Making.

General Laws and Environment Protection — application of Tort law, Indian Penal Code and Criminal Procedure Code

Unit VI — PROTECTION OF WATER, AIR AND ENVIRONMENT IN INDIA

Introduction, Need and Importance of Specific Environmental Legislations. · The Water (Prevention and Control of Pollution) Act, 1974; The Water (Prevention and Control of Pollution) Amendment Act, 2024: The Framework of the Act, Regulatory Mechanism: Its Powers and Functions, Offences and Penalties under the Act, Role of Judiciary in Prevention of Water Pollution. · The Air (Prevention and Control of Pollution) Act, 1981; Jan Vishwas (Amendment of Provisions) Act, 2023; The Noise Pollution (Regulation and Control) Rules, 2000: The Framework of the Act, Regulatory Mechanism: Its Powers and Functions, Commission for Air Quality Management (CAQM), Offences and Penalties under the Air Act, Role of Judiciary in Prevention of Air Pollution and Noise Pollution. · The Environment (Protection) Act, 1986 - Main Aims and Objectives of the Act, Importance of Sections 3 and 5 of the Act, Violation and Penalties under the Act, Various Rules under the Act, Overview of Environment Impact Assessment (EIA), and Role of National Green Tribunal (NGT).

Unit VII — PROTECTION OF WILDLIFE, FOREST AND BIODIVERSITY

Introduction, Need and Importance of Specific Legislations. · Importance of Forest and Need for its Conservation, Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 (Earlier Known as Forest Conservation Act, 1980). · Salient Features of the Wildlife Protection Act, 1972. · Emerging Issues: Rights of Tribal People and Judicial Approaches to Forest Conservation.