Case study on environmental laws in india

In a landmark judgement inthe Supreme Court explicitly recognised the impact of a deteriorating urban environment on the poor.

Case study on environmental laws in india

Environmental policy of India and Indian environmental law British rule of India saw several laws related to environment. The Indian Penal Code ofimposed a fine on anyone who voluntarily fouls the water of any public spring or reservoir.

In addition, the Code penalised negligent acts. British India also enacted laws aimed at controlling air pollution. Whilst these laws failed in having the intended effect, British-enacted legislations pioneered the growth of environmental regulations in India.

Upon independence from Britain, India adopted a constitution and numerous British-enacted laws, without any specific constitutional provision on protecting the environment. India amended its constitution in Article 48 A of Part IV of the amended constitution, read: The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

Article 51 A g imposed additional environmental mandates on the Indian state. The Air Act was inspired by the decisions made at Stockholm Conference. InIndian government created the Ministry of Environment and Forests. This ministry is the central administrative organisation in India for regulating and ensuring environmental protection.

Despite active passage of laws by the central government of India, the reality of environmental quality mostly worsened between and Rural poor had no choice, but to sustain life in whatever way possible. Air emissions increased, water pollution worsened, forest cover decreased.

Starting in the s, reforms were introduced. Since then, for the first time in Indian history, major air pollutant concentrations have dropped in every 5-year period.

It is suggested that India's growing population is the primary cause of India's environmental degradation. Systematic studies challenge this theory.

Empirical evidence from countries such as Japan, England and Singapore, each with population density similar to or higher than that of India, yet each enjoying environmental quality vastly superior to India's, suggests population density may not be the only factor affecting India's issues.

It causes soil erosion, destruction of wetlands and wide migration of solid wastes. Major environmental issues are forest and agricultural degradation of land, resource depletion such as water, mineral, forest, sand, and rocksenvironmental degradationpublic health, loss of biodiversityloss of resilience in ecosystems, livelihood security for the poor.

Rapid urbanization has caused a buildup of heavy metals in the soil of the city of Ghaziabadand these metals are being ingested through contaminated vegetables.

Heavy metals are hazardous to people's health and are known carcinogens.

ENVIRONMENTAL LAWS OF INDIA - The Environment - Definitions and Acts

There is a long history of study and debate about the interactions between population growth and the environment. According to a British thinker Malthusfor example, a growing population exerts pressure on agricultural land, causing environmental degradation, and forcing the cultivation of land of higher as well as poorer quality.

This environmental degradation ultimately reduces agricultural yields and food availability, famines and diseases and death, thereby reducing the rate of population growth.

Population growth, because it can place increased pressure on the assimilative capacity of the environment, is also seen as a major cause of air, water, and solid-waste pollution.

The reslt, Malthus theorised, is an equilibrium population that enjoys low levels of both income and Environmental quality. Malthus suggested positive and preventative forced control of human population, along with abolition of poor laws.

Malthus theory, published between andhas been analysed and criticised ever since. The American thinker Henry Georgefor example, observed with his characteristic piquancy in dismissing Malthus: Massive geometric population growth in the 20th century did not result in a Malthusian catastrophe.

The possible reasons include: Other data suggest that population density has little correlation to environmental quality and human quality of life. India's population density, inwas about human beings per square kilometre. Many countries with population density similar or higher than India enjoy environmental quality as well as human quality of life far superior than India.

India has major water pollution issues. Discharge of untreated sewage is the single most important cause for pollution of surface and ground water in India. There is a large gap between generation and treatment of domestic waste water in India.

The problem is not only that India lacks sufficient treatment capacity but also that the sewage treatment plants that exist do not operate and are not maintained. The waste water generated in these areas normally percolates in the soil or evaporates. The uncollected wastes accumulate in the urban areas cause unhygienic conditions and release pollutants that leaches to surface and groundwater.Environmental-law-case-study.

Uploaded by. Mukesh Kumar. CASE NAME: INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Vs UNION OF INDIA COURT NAME: SUPREME COURT OF INDIA, NEW DELHI, INDIA Mukesh Kumar Page 1 CONTENTS 1. AGARWAL, V.K.: Environmental Laws in India: Challenges for Enforcement.

Environmental issues in India Jump to British rule of India saw several laws related to environment. Amongst the earliest ones were Shore Nuisance (Bombay and Kolaba) Act of and the Oriental Gas Company Act of India: Total Sanitation Campaign; a UNICEF Case Study, ; National Environment Policy of India, ; Inheriting.

Case study on environmental laws in india

5. For a comprehensive assessment of India's environmental problems, see CENTRE FOR SCIENCE AND ENVIRONMENT, THE STATE OF INDIA'S ENVIRONMENT A CITIZEN'S REPORT () [hereinafter cited as INDIA'S ENVIRONMENT].

6. See Anand, Development and Environment: The Case of the Developing Countries, 20 INDIAN J. INT'L L. 1 (). 7. Case Study I* - The Ganga, India * This case study was prepared by Y. Sharma I.1 Introduction The other environmental benefits envisaged were improvements in, for example, fisheries, aquatic flora and fauna, aesthetic quality, health issues and .

Environmental-law-case-study | Mukesh Kumar -

UNESCO – EOLSS SAMPLE CHAPTERS HAZARDOUS WASTE MANAGEMENT – Case Study 3: Hazardous Waste Issues in India - P. Khanna, Rakesh Kumar, and Vijay Kulkarni ©Encyclopedia of Life Support Systems (EOLSS) shows that most industries respond to environmental issues by complying with.

The main objective behind this study is to identify the present scenario and analyse the nature and extent of developments till date in various environment.. Need for environmental laws.

Union of India. In this case, Court directed the Union Government was obliged to issue directions to all the State governments and the union.

Environmental issues in India - Wikipedia