Environmental Law

Unit I

Environmental Protection – Need, Evolution, Relevance and Scope-Historical, Comparative and International Perspectives –U.S, U.K, Singapore State practices– International Initiatives, conventions, summits and its influence in evolving Environmental Jurisprudence in India - Constitutional Perspectives regarding environmental protection in India – Right to development vis a vis Sustainable Development– Polluter Pays principle- Precautionary principle- Public Trust doctrine- Inter-generational Equity and Intra-generational equity.

• Environment, its components, and factors affecting the quality of environment
• Environmental Law — meaning and purpose
• Constitutional Provisions relating to rights and duties of people and government
• Environment Protection from International Perspectives — Stockholm Conference, Rio Declaration and Johannesburg Declaration
• Environment Protection-Significant Concepts and Principles — Sustainable development Polluter Pays Principle Precautionary Principle

Unit II

Environment Pollution- types, causes –Environment Pollutant-Control of pollution under Environment Protection Act,1986, power of central government to improve environment-Statutory responsibilities of local self-government bodies in Pollution control including waste management with specific reference to chapter XX of Kerala Panchayat Raj Act, 1994 –Legal regulations of Environmental Pollution in India including water pollution, air pollution, noise pollution, marine pollution- nuclear wastes, hazardous substances- bio-medical wastes - Ground water control and regulation with special reference toKerala Ground water Control and Regulation Act, 2002 -Pollution Control Boards – Powers, functions.

• The Water (Prevention & Control of Pollution) Act 1974- Definitions, Establishments of — Central Pollution Control Board (S. 3)
• The Air (Prevention & Control of Pollution) Act 1981- Definitions, Establishments of — Central Pollution Control Board (S. 3)
• The Environment (Protection) Act, 1986- Definitions
• Rules addressing some environmental problems — Bio-Medical Waste Rules 2016 Hazardous wastes Rules 1989 Noise Pollution Rules 2000

Unit III

Forest, Wildlife, Conservation of Bio-diversity – Principles, mechanisms and conservation – Forest Rights of Forest Dwelling Scheduled Tribes and other Forest Dwellers – Recognition, Restoration and Vesting of Forest Rights and authorities under Forest Rights Act,(2006) - Climate change and relevant legal frameworks – Prevention of cruelty against animals- Other than the General Act, Kerala Captive Elephant(Management and maintenance), Rules,2003, Norms for transportation, acts of cruelty – Coastal Regulation Zone, Classification of CRZ’s– Eco-marking - Ecologically Fragile Land – vesting, power to declare ecologically fragile lands, deemed to be reserved forests under Kerala Act,2003.

• Indian Forest Act 1927 and Forest Conservation Act, 1980
• The Wild Life (Protection) Act, 1972- Definitions, Hunting of Wild Animals (sec- 9,11 &12)

Unit IV

Framing of environmental policies-Inter-relationship of Human Rights and Environment protection-Environment Impact Assessment, Methods and Models– Public participation, Consultative Process and Public Hearings– Sand Mining- Authorities, Powers and conditions for sand removalunder therelevant Kerala Act, 2001 –Wet land Conservation- prohibition on reclamation of wetland under the relevant Kerala Act, 2008 -Emerging areas requiring attention –Green Energy - Environmental Advocacy - Global Warming- Environmental Displacement.

Unit V

Remedies in environmental wrongs- Constitutional law remedies, common law remedies, civil remedies - criminal sanctions - Public Interest litigation – Judicial approach to environmental protection and Judicially evolved principles and mechanisms through pivotal case laws- National Green Tribunal – Jurisdiction, Powers and Proceedings of the Tribunal- Public Liability Insurance Act, 1991, Remedies - Instances of Mass tort liability- mechanisms and strategies – Class Action - Pre and post Bhopal gas disaster. In this Course the students are expected to get acquainted with the following Statutes, Rules, Regulations and Notifications. STATUTES Environment (Protection) Act 1986, Prevention of Cruelty against Animals Act, 1960, Water (Prevention and Control of Pollution) Act 1974, Air (Prevention and Control of Pollution) Act 1981, Wild Life (Protection) Act 1972, Indian Forest Act, 1927, Forest (Conservation) Act 1980 – Public Liability Insurance Act 1991, Biological Diversity Act 2002, National Green Tribunal Act, 2010, Kerala Panchayat Raj Act, 1994 (Chapter XX), Indian Penal Code (Relevant Provisions), Code of Criminal Procedure, 1973 (Relevant Provisions), The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Panchayat (Extension to Scheduled Areas) Act, 1996 (relevant portions), The Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Amendment Act, 2009, The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, The Kerala (Conservation of Paddy Land and Wetland) Act, 2008( Relevant Provisions), The Kerala Ground water Control and Regulation Act, 2002. The Rules, Regulations and Notifications (with Amendments till date) include Noise Pollution (Regulation and Control) Rules, 2000, E-Waste (Management) Rules 2016, Bio-Medical Waste Management Rules 2016, Construction and Demolition Waste Management Rules 2016, Hazardous and Other Waste (Management and Trans-boundary Movement) Rules 2016, Manufacture, Storage and Import of Hazardous Chemicals Rules 1989, Coastal Regulation Zone Notification 2011, Environment Impact Assessment Notification 2006, Plastic Waste Management Rules 2016, Municipal Solid Wastes (Management and Handling) Rules, 2000, Bio- medical Waste (Management and Handling) Rules, 1998,The Kerala Captive Elephants (Management and Maintenance) Rules, 2003, The Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Rules 2007, Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987. 2nd SEMESTER

• The National Green Tribunal Act, 2010- Scope (sec 3-13), Jurisdiction, Powers and Proceedings of the Tribunal (sec 14-25), Penal Provisions (26-28)
• General Laws and Environment Protection — application of Tort law, Indian Penal Code and Criminal Procedure Code
• Public Liability Insurance: Public Liability Insurance Act, 1991 (An Overview) Claims, Role of Consumer courts and Insurance Ombudsman