Fifth Year B.A. LL.B. - Semester IX
Fifth Year B.B.A. LL.B. - Semester IX
Third Year LL.B. - Semester V
LC 0903 Environmental Law :
Objectives of
the Course : The environmental pollution and degradation of biodiversity
has become one of the biggest hazards not only to human existence but also to
the existence of all the gifts that nature has bestowed on mankind. Unless
immediate and urgent steps are taken to control environmental pollution, a
bleak and terrible future awaits the humanity. This fact has accelerated the
emergence of different legal and governmental measures at national and
international level for prevention of environmental pollution. This course aims
to create awareness among the students about the legislative measures for
protection of environment and spirit of Indian Constitution for protection of
environment. It also provides the opportunities to the students to understand
the activist role played by Indian Judiciary in protection of environment and
evolution of different principles such as polluter pay principle, precautionary
principle, inter-generational equity and sustainable development. At the end of
this course the students would be familiar with the overall environmental legal
regime of the country as well as its international obligations. This course
would equip the students with basic knowledge and skills to understand
Environmental Law issues.
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Module 01 |
1.
Historical origin of Environment Law,
International and Indian Jurisprudence 2.
Components of Environment, Ecology, Ecosphere
and Biosphere 3.
Protection of Environment in Ancient India and
during British period 4.
Meaning and definition of Environment,
Environmental Pollution, Its kinds (Natural and artificial – Air, Water,
Noise, Soil), causes and effects. 5.
Nature of Environmental Law - Public law or
private law 6.
Common law aspects of environmental law -
Nuisance, Trespass, Negligence, Absolute and Strict liability. 7.
Criminal Liability and Environment Protection
- Offences affecting public health and safety under Indian Penal Code, 1860
and Section 133 of Cr. P.C. |
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Module 02 |
Environment
Protection under the Constitution of India : 1.
Fundamental Rights, Directive Principles of
State Policies, Fundamental Duties, Implementation of International
obligations 2.
Distribution of Legislative Powers 3.
Remedies - Writ Jurisdiction of High Court and
Supreme Court 4.
Public Interest Litigation and Environment
Protection - Role of Indian Judiciary |
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Module 03 |
Principles of
International Environmental Law - Relevance in India : 1. Stockholm
Conference, 1972, Rio Summit or Earth Summit-I, 1992 - Impact in India 2.
UNEP, Convention on Climate Change, Convention
on Biological Diversity, Earth Summit - II, 1997 - Impact in India 3.
World Summit on Sustainable Development, 2002,
UNFCCC, 2015 - Position in India 4.
Responsibility of States in Protection of
Environment - Transboundary pollution and state’s responsibility - Trail
Smelter Arbitration 5.
Significance and Protection of Ozone Layer -
Global Warming - Acid RainOil Spills - Gas Leak - Marine Pollution 6.
Sustainable Development, Inter-generational
Equity, Precautionary Principle, Polluter Pays Principle, Public Trust Doctrine - Position in India |
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Module 04 |
Resource Management
I - Legislative and Judicial Perspective : 1. The
Water Act, 1974, the Air Act, 1981, the Environment (Protection) Act 1986 -
Definitions, Measures taken for protection and conservation of natural
resources, Authorities, offences and penalties and important judicial
decisions |
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under these legislations 2.
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 3.
The Forest (Conservation) Act, 1980 -
De-reservation of forest land for nonforest purpose, Advisory Committee,
Penalties 4.
The Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006 – Forest rights,
recognition, restoration and vesting of forest rights and related matters,
authorities and procedure for vesting of forest rights, offences and
penalties, important judicial decisions 5.
The National Forest Policies of 1952 and 1988 6.
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 |
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Module 05 |
Resource Management
II - Legislative and Judicial Perspective : 1.
The Biological Diversity Act, 2002 - Important
Definitions, Regulation of access to biological diversity, national
biodiversity authority, state biodiversity board, biodiversity management
committees, equitable benefit sharing, judicial decisions 2.
The Public Liability Insurance Act, 1991 - Important
definitions, Liability to give relief in certain cases on principles of no
fault, Duty of owner to take out insurance policies, relief and establishment
of Environmental Relief Fund, offences and penalties 3.
The National Green Tribunal Act, 2010 - Establishment,
jurisdiction, powers and proceedings of the tribunal, penalty, Role of NGT in
Environment Protection 4.
Environment Protection Rules - a)
The Noise Pollution (regulation and Control)
Rules, 2000 b) Guidelines
for Eco-Sensitive Zones around Protected Areas c)
CRZ Notification d) Hazardous
Wastes (Management and Handling) Rules e)
Manufacture, Storage and Import of Hazardous
Chemical Rules f)
Municipal Solid Wastes (Management and
Handling) Rules |
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Module 06 |
Environment and
Development : 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, Genetically 3.
Modified Crops, Farmers and breeders rights 4.
Environment and Protection of Cultural Rights 5.
Environment Impact Assessment (EIA) - Meaning,
Evolution and history, |
Process, Constraints, EIA Notification of 1994 and
2006
6. E-waste management
Recommended Readings :
1. Ritwick
Dutta and Sanjeet Purohit, Commentary on
the National Green Tribunal Act, 2010, Universal Law Publications.
2. P.S.
Jaswal, Environmental Law, Allahabad
Law Agency.
3. Majumdar,
Nnandy, Mukherjee, Environment and
Wildlife Laws in India, LexisNexis.
4. Maheshwara
Swamy, Textbook on Environmental Law,
Asia Law House, Hyderabad.
5. S.
Shantakumar, Introduction to
Environmental Law, Wadhwa & Company, Nagpur.
6. S.C.
Shastri, Environmental Law, Eastern
Book Company, Lucknow, 2005.
7. H.
N. Tiwari, Environmental Law,
Allahabad Law Agency.
8. Shyam
Divan and Armin Rosencranz, Environmental
Law and Policy in India, Oxford University Press, New Delhi.
9. P
Leelakrishnan, Environmental Law in India,
LexisNexis, New Delhi.
10. P
Leelakrishnan, Environmental Law Case
Book, LexisNexis, New Delhi.
11. Philippe
Sands, Principles of International
Environmental Law, Cambridge University Press, New York.
12. P.
Ishwara Bhat, Natural Resources Law:
Concepts and Approaches, Eastern Book.
Note for Syllabus of all Subjects :
1. The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.
2. The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.
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