Environmental Law

Unit 1 — Historical perspectives and legal control [10 units]

1. Indian Tradition: Dharma of Environment, British Raj - Industrial Development and Exploitation of Nature. · 2. Common law aspects of environmental law - Nuisance, Trespass, Negligence, Absolute and Strict liability. · 3. Criminal Liability and Environment Protection - Offences affecting public health and safety under Indian Penal Code, 1860 and Section 133 of Cr. P.C

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

Unit 2 — Concept of environment and pollution [6 units]

1. Environment, Meaning and contents · 2. Pollutions, Meaning, Kinds of pollution, Effects of Pollution

• Environment, its components, and factors affecting the quality of environment
• Environmental Law — meaning and purpose

Unit 3 — International Regime - Relevance in India [10 units]

1. Stockholm Conference, 1972, Rio Summit or Earth Summit-I, 1992 - Impact in India · 2. World Summit on Sustainable Development, 2002, UNFCCC, 2015 - Position in India · 3. UNEP, Convention on Climate Change, Convention on Biological Diversity, Earth Summit - II, 1997 - Impact in India · 4. Responsibility of States in Protection of Environment - Transboundary pollution and state's responsibility - Trail Smelter Arbitration · 5. Sustainable Development, Inter-generational Equity, Precautionary Principle, Polluter Pays Principle, Public Trust Doctrine - Position in India · 6. Green house effect and ozone depletion, Oil Spills · 7. U.N. declaration on right to development.

• 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 4 — Constitutional Perspectives [10 units]

1. Fundamental Rights, Directive Principles of State Policies, Fundamental Duties, Implementation of International obligations, Distribution of Legislative Powers · 2. Remedies - Writ Jurisdiction of High Court and Supreme Court · 3. Public Interest Litigation and Environment Protection - Role of Indian Judiciary

• Constitutional Provisions relating to rights and duties of people and government

Unit 5 — Water and Air Pollution [10 units]

1. Definitions, Meaning and standards, Provisions of Water and Air Pollution. · 2. Authorities, Powers and Functions · 3. Offences and penalties · 4. Judicial approach

• 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)

Unit 6 — Environment Protection [10 units]

1. Definitions Protection agencies: power and functions · 2. Protection: means and sanctions, offences and penalties and important Judicial Decisions · 3. Environment Protection Rules - a) The Noise Pollution (regulation and Control) Rules, 2000 b) CRZ (Coastal Zone Management) Notification c) Hazardous Wastes (Management and Handling) Rules d) Manufacture, Storage and Import of Hazardous Chemical Rules e) Municipal Solid Wastes (Management and Handling) Rules · 4. Environmental Audit and Eco Mark · 5. The Public Liability Insurance Act, 1991 - an Introduction

• 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 7 — Forest and Greenery [11 units]

1. Protection of Forests: The Forest Act,1927 - Definitions, Types of Forests, Acts prohibited in these forests, transit of forest produce, powers of forest officers, offences and penalties, important judicial decisions. · 2. The Forest (Conservation) Act, 1980 - De-reservation of forest land for nonforest purpose, Advisory Committee, Penalties, important judicial decisions · 3. The Wildlife Protection Act, 1972 - Important Definitions, Authorities under the Act, Wildlife Advisory Board, Hunting, Protection of Specified plants, Sanctuaries and National Parks, Central Zoo Authority and Recognition of Zoos, Trade or commerce in wild animals, animal articles and trophies, Forfeiture of Property Derived from Illegal Hunting and Trade, Offences and Penalties, important judicial decisions, The Wildlife (Protection) Amendment Act, 2022 · 6. Symbiotic relationship and tribal people, Rights of Forest Dwellers/Tribals

• 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 8 — The National Green Tribunal Act, 2010 [5 units]

1. Establishment, jurisdiction, powers and proceedings of the tribunal, penalty, Role of NGT in Environment Protection

• The National Green Tribunal Act, 2010- Scope (sec 3-13), Jurisdiction, Powers and Proceedings of the Tribunal (sec 14-25), Penal Provisions (26-28)

Unit 9 — The Biological Diversity Act, 2002 [5 units]

Important Definitions, Regulation of Access to Biological Diversity, National Biodiversity Authority, State Biodiversity Board, Biodiversity Management Committees, Equitable Benefit Sharing, Legal Control of Eco-Unfriendly Experimentation on Animals, Plants, Seeds and Micro Organism, Judicial Decisions.

Unit 10 — Environment and Development [7 units]

1. Environmental issues involved in the development projects like Silent Valley Project, Narmada Valley Project and Koondankulam Nuclear Power Plant · 2. Human Rights Perspective - Displacement and Rehabilitation · 3. Environment Impact Assessment (EIA) - Meaning, Evolution and history, Process, Constraints, EIA Notification of 1994 and 2006 · E- waste Management