ENVIRONMENTAL LAW

Assessment of existing programmes aimed at moving

society towards sustainable future.

SUBMITTED TO:- SUBMITTED by:-

Dr. Nidhi Saxena Itisha Jain (FOL) B.Com.LL.b 3rd yr.

ASSESSMENT

To estimate the size or quality of something.

PROGRAMMEA series of instructions to control the particular thing or event. Here

programmes means various policies in connection with environmental issues. Programmes and policies(instructions, directions, guidelines)

governing various environment problems and issues.

SOCIETY

SUSTAINABLE FUTUTRE

Which conserves an ecological balance by avoiding depletion of natural resources for future generations. Ecology includes environment and

physical surroundings.

Group of people functioning interdependently. A social community in which the behaviour, actions and activity of human beings are controlled and

governed by laws and custom.

.ENVIRONMENT

Environment includes water, air and land and the interrelationship which exists among and between water, air, land, human beings, microorganisms, living creatures,

plants and property.Environment also includes temperature, rainfall, wind, soil

etc.

How man effects

environment

1. Devasted forests for wood.

2. Killed animals for food.

3. He polluted water, air and soil by chemical

garbage from their houses and factories.4. After the scientific

and industrial revolution, man started

to affect his environment in a more

serious way. 5. Man's effort to

control the nature, leads imbalance in the

ecosystem.

IMPORTANCE OF ENVIRONMENT AND ITS CONSERVATION

We may be aware that the earth we live in is the only habitation for living beings in this

universe. But are we aware it is also the only natural heritage passed on from generation to generation. Our future generation will be left with this lovely environment, but in the condition that we leave it in. Thus it is our duty and responsibility to conserve and

protect the environment we live in by being aware of our activities and the issues related

with the environment.

.Many takes the environment for granted and it has never crossed their minds that most of the resources need conservation.If we think that natural resources will never run out, its time that we woke up to reality.

But it is never late to do our part for the wonderful earth we live in by taking steps towards preserving and protecting the environment with all its beauty. This simply means to see that minimum damage is done to the environment and to be careful in our usage of natural resources like water, air and such, to make sure that there will be adequate for the future generation to use and live and also preserve wisely.

In other words it can be termed as SUSTAINABLE DEVELOPMENT which means “development that meets the needs of the present without compromising the ability of the future generations to meet their own needs”.The doctrine had come to be known in 1972 in the Stockholm declaration.

.

There are around 30 environmental laws in India dealing with various environment issues. Some of them are:-

Environment (Protection) Act, 1986The Environment (Protection) Rules, 1986The Water (Prevention and Control of Pollution) Act, 1974Air (Prevention and Control of Pollution) Act, 1981The Atomic Energy Act, 1982The Wildlife Protection Act, 1972The Biological Diversity Act, 2002Hazardous Waste (Management and Handling) Rules, 1989The Biomedical waste (Management and Handling) Rules, 1998The Public Liability Insurance Act,1991The Factories Act,1948TortsIndian Penal Code, 1860Criminal Procedure Code, 1973

ENVIRONMENTAL LAWS IN INDIA

ROLE OF JUDICIARY M.C. Mehta v. Union of India (1987)1SCC 395:-The Supreme Court laid down two important principles of law: First, the power of the Supreme Court to grant remedial relief for a proved infringement of

a fundamental right (in case if Article 21) includes the power to award compensation. Second, the judgment opened a new frontier in the Indian jurisprudence by introducing a

new “no fault” liability standard (absolute liability) for industries engaged in hazardous activities which has brought about radical changes in the liability and compensation laws in India.

M.C. Mehta v. Union Of India, (1988)1SCC 471:-The court held that the tanneries at Jajman, Kanpur cannot be allowed to continue to carry

out the industrial activity unless they take step to establish primary treatment plants. Rural Litigation and Entitlement Kendra, Dehradun v. State of

U.P., 1987 Supp SCC 487:-The Supreme Court in this case moving under Article 32 ordered the closure of some of

this quarries on the ground that these were upsetting the ecological balance M.C. Mehta v. Union of India, 1991:-The Court issued appropriate directions to the state Governments and Union Territories to

invariably enforce as a condition of license of all cinema halls, touring cinemas and video parlours to exhibit free of cost at least two slides/messages on environment in each show undertaken by them.

University Grants Commission will take appropriate steps immediately to give effect requiring the Universities to prescribe a course on environment. They would consider the feasibility of making this a compulsory subject at every level in college education.

POLICIES AND PROGRAMMES AIMED AT MOVING SOCIETY TOWARDS SUSTAINABLE FUTURE

Mainly here we discuss three main policies:-1. THE NATIONAL ENVIRONMENT POLICY 2006 It briefly describes the key environmental challenges currently and prospectively

facing the country, the objectives of environment policy, normative principles underlying policy action and strategic themes. The dominant theme of this policy is that while conservation of environmental resources is necessary to secure livelihood and well-being of all.

2. The National Forest Policy 1988 Forests in the country have suffered serious depletion. This is because pressures

arising from ever-increasing demand for fuel-wood, fodder and timber; inadequacy of protection measures; diversion of forest lands to non-forest uses without ensuring compensatory afforestation and essential environmental safeguards. Thus to improve these situations the policy came into force.

3.THE National Water Policy 2002The National Water Resources Council adopted the National Water Policy 2002 (NWP) in

April 2002 which addresses various issues related to water resources management.  NWP lays stress on sustainable development and efficient management of water resources.

All of these policies have recognized the need for sustainable development in their specific contexts and formulated necessary strategies to give effect to such recognition.

The national environment policy 2006 key environmental challenges that the country faces relate to the nexus of

environmental degradation with poverty in its many dimensions, and economic growth. These challenges are intrinsically connected with the state of environmental resources, such as land, water, air, and their flora and fauna.

The proximate drivers of environmental degradation are population growth, inappropriate technology and consumption choices, and poverty, leading to changes in relations between people and ecosystems, and development activities such as intensive agriculture, polluting industry, and unplanned urbanization.

OBJECTIVES OF THE POLICY:-I. Conservation of Critical Environmental Resources.ii. Inter-generational Equity.iii. Integration of Environmental Concerns in Economic and Social Development.iv. Efficiency in Environmental Resource Use.v. Enhancement of Resources for Environmental Conservation.

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PRINCIPLES:-• This policy has evolved from the recognition that only such development is sustainable,

which respects ecological constraints, and the imperatives of justice. The Objectives stated above are to be realized through various strategic interventions by different public authorities at Central, State, and Local Government levels. These strategic interventions, besides legislation and the evolution of legal doctrines for realization of the Objectives, may be premised on a set of unambiguously stated Principles depending upon their relevance, feasibility in relation to costs, and technical and administrative aspects of their application. These principles are:-

I). Human Beings are at the Centre of Sustainable Development Concerns.ii). The Right to Development.iii). Environmental Protection is an Integral part of the Development Process.iv). The Precautionary Approach.v). Equity.vi). Legal Liability:-a) Fault Based Liability.b) Strict Liability.vii). Public Trust Doctrine.viii). Preventive Action

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Strategies:-I. Regulatory Reforms.II.Enhancing and Conserving Environmental

Resources.III. Environmental Standards.IV. Clean Technologies and Innovation.V. Research and Development.

THE NATIONAL FOREST POLICY 1988Basic

objectives1.Conserving the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna.

2. Increasing the productivity of forests to meet essential national needs.

3. Encouraging efficient utilization of forest produce and maximizing the substitution of wood.

4. Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of the rural and tribal populations.

5. Creating a massive people's movement with the involvement of women, for achieving these objectives and to minimize pressure on existing forests.

strategies

1. Areas under forests-The national goal should be to have a minimum of one-third of the total land area of the country under forest or tree cover. In the hills and in mountainous regions, the aim should be to maintain two-third of the area under such cover.

2. Afforestation-tree planting alongside of roads, railway lines, rivers and streams and canals, and on other unutilized lands.

3. Diversion of Forest Lands for Non-forest purposes.

4. Wildlife conservation-Forest Management should take special care of the needs of wildlife conservation, and forest management plans should include prescriptions for this purpose.

5. Damage to Forests from Fires and Grazing.6. Shifting Cultivation.

7. Forestry Education-Agriculture universities and institutions, dedicated to the development of forestry education should formulate curricula and courses for imparting academic education and promoting postgraduate research and professional excellence keeping in view the current scenario.

THE NATIONAL WATER POLICY 2002BASIC FEATURES OF THE POLICY- Water is a prime natural resource, a basic human need and a

precious national asset. Planning, development and management of water resources need to be governed by national perspectives.

Well developed information system for water related data at national / state level should be established.

In the allocation of water, first priority should be given for drinking water, followed by irrigation, hydro-power, ecology, agro-industries and non-agricultural industries, navigation and other uses.

The environmental consequences of over-exploitation of ground water need to be effectively prevented.

Private sector participation should be encouraged in planning, development and management of water resources projects for diverse uses, wherever feasible.

Needs of drought-prone areas should be given priority in the planning of project for development of water resources.  Training and research efforts should be intensified as an integral part of water resources development.

. THANK YOU