Category Archives: Environmental Law

Environmental law involves a series of laws, policies, and procedures enforced by various agencies with the goal of protecting the environment. It is concerned with the attempt to control pollution and the depletion of natural resources within a framework of sustainable development.

Environment Protection Act,1986 (Overview)

Overview : Environment Protection Act,1986 Introduction to Environment (Protection) Act,1986 Premises of the Act Objectives Scope and Applicability Definitions Powers of Central Government to take measures to Protect and Improve Environment Powers of the Court Prevention, Control and Abetment of Environment Pollution Penalties The National Environment Appellate Authority Introduction to Environment (Protection) Act,1986 The Environment (Protection) Act was… Read More »

National Green Tribunal- History, Features and Challenges

INTRODUCTION In India, the National Green Tribunal acts as an important player in Indian environmental regulation. The Supreme Court of India in its series of judgment highlighted the need of setting up of special environmental courts, the first one being in 1986 in the Oleum Gas Leak case, and by the Law Commission of India in its 186th… Read More »

Absolute Liability: A journey from Strict Liability

Principle of absolute liability concentrate 1

Strict Liability and Absolute Liability The journey of the evolution of a legal principle cannot be better understood through the study of any other principle than of absolute liability principle. It starts from a case of causing private nuisance/harm to a person, arising in the 19th century England, where the court establishes a principle of ‘strict liability’ and… Read More »

Polluter Pays Principle: An Economic Or A Legal Principle?

Introduction: Polluter Pays Principle is a globally well recognized and a much celebrated environmental law principle. The primary function of the Principle is that it helps in allocating the costs and repairing the damage, between different stakeholders, for the harm caused by them to the environment. The principle is also revolutionary in the sense that it places the… Read More »

Role of Indian Judiciary in the evolution of Environmental Jurisprudence

Environmental law has seen considerable development in the last two decades in India. Most of the principles under which environmental law works in India come within this period. Role of Indian Judiciary in the evolution of Environmental Jurisprudence has been immense. INTRODUCTION The environment is the wellspring of life on earth like water, air, soil, etc., and determines the… Read More »

A Comparative study of the approach employed by NGT and Judiciary in dealing with Environmental Cases

INTRODUCTION Environmental protection during the last few years has become not only a matter of national concern but also of global importance. It is now an established truth beyond all doubts that without a clean environment the very survival of mankind is at stake. Decline in environmental quality is evident from the fact that pollution is increasing at… Read More »

Environmental Law & the Indian Constitution

Environmental Law and the Indian Constitution Some important provisions Duty of the State ( Part IV) Part IV of the Constitution of India contains the directive principles of State policy. These directives are the active obligations of the State; they are policy prescriptions for the guidance of the Government. Article 37 of Part IV of the Constitution limits… Read More »

Law of Torts & Environment

Law of Torts and Environment Introduction Litigation related to environmental contamination and toxins has grown at a rapid pace, as businesses come under greater scrutiny for their environmental practices and face potentially costly claims. Industrialization has posed serious concern for the protection of environment. If we follow the development around the world in last two decades or so,… Read More »

Law of Crimes & Environment

Law of Crimes and Environment Introduction Environmental crime refers to the violation of laws intended to protect the environment and human health. These laws govern air and water quality and dictate the ways in which the disposal of waste and hazardous materials can legally take place. Individuals or corporations can be found guilty of environmental crimes. Indian Penal… Read More »

Environmental Justice, Equity and Governance

Environmental Justice, Equity and Governance Introduction The term ‘environment’ can describe a limited area or the entire planet, even including a part of the outer space which surrounds it. The term ‘biosphere’ used in particular by UNESCO, corresponds to one of the broadest definitions, since it designates the totality of the human environment, the part of the universe… Read More »