The whole world plunged into a free-market mode after the Washington Consensus 1989, a reforms package prescribed by the Washington based institutions, the International Monetary Fund (IMF), World Bank and US Treasury Department, for the crisis-ridden developing countries. The recommendations included policies for economic stabilization, opening of economy for international trade and investment and expansion of the market forces within the domestic economy. The state has to maximize the freedom of both real and juridical individuals. Collective agendas should not be imposed on people. Neo-liberals emphasize not just the rights of individual but the responsibility of individual’s to find his/her own ways. Neo-liberal policies were projected as an alternative to fascism, communism and Keynesian welfare –state idea, which advised state intervention in the market and in several aspects of people’s daily lives (Ilari Nikula, 2017). Suddenly every individual has … [Read more...] about Environmental Law In An Aggressive Neo-Liberal Era: An Account Of Environment Law Reform Initiatives In India
Precautionary principle in environmental law
Interlinking of major rivers in India aimed at modifying the acute spatial inequity in the water availability in India has its origin way back in the ideas of K.L.Rao and captain Dastur . During the mid-1960’s, Dr KL Rao, a well-respected technocrat, presented a crude proposal for a Ganga-Cauvery Link from a point below Patna. A few years later, Captain Dastur, a pilot speculated aloud about a lateral Himalayan canal from the Ravi to the Brahmaputra along a constant 400-metre contour interconnected with a Garland Canal girdling peninsular India. But ideas like the Garland canal and the Ganga-Cauvery Link were routinely dismissed as too grandiose for a resource-strapped nation. The Indian psyche was however never fully disabused of the idea; and as Prime Minister, Mrs. Indira Gandhi constituted the National Water Development Agency (NWDA) to start detailed planning of a mega-project which no one imagined would ever leave the drawing board. For a people revelling in discord, … [Read more...] about Is Interlinking of Rivers a Violation of International Environmental Law?
It is widely felt that Environmental litigation in India is still not fully developed and that is because not enough importance is given to the fact that the practice of environmental law requires specialized knowledge and training, which lawyers dealing in other areas cannot do justice to. In the absence of an organized environmental law practice in India, generalist lawyers tend to take up environmental cases. Lawyers in this area face quite a few challenges, and thus need to be realistic about what lies ahead. To begin with, the opponents in environmental matters/cases are invariably corporates and/or government- both powerful and influential. Secondly, the judiciary, in particular the lower judiciary, is not fully equipped and trained to appreciate the gravity of the environmental issues. Lastly, the public opinion is not very conducive towards this branch of practice as environmental lawyers are often perceived to being opposed to development activities. … [Read more...] about Go Green: Charting a Career in Environmental Law
A major step towards effective environmental law in India is setting up an independent environmental regulatory body. The independent environmental regulatory body should be enabled to function without political interference and arbitrariness.Existing pollution control bodies could be made part of the independent environmental regulatory body. The pertinent functions of implementing the environmental impact assessment, pollution control, waste management and eco-system protection have to be placed upon the independent regulatory body for environmental governance. Lack of effective expertise to deal with increasing complexities attached with environmental law also points towards the need for an independent environmental regulator in India. A discussion paper released by the MoEF in the year 2009 has proposed for a ‘National Environmental Protection Authority’, which would act as an independent body in the environmental governance field for ‘regulation, monitoring and … [Read more...] about Taking Environmental Law Seriously: An Indian Perspective
What is significant in the present judgment, and the one which was not dealt with in the case of Karnataka mining issue is the concern expressed by the Court towards the cause of employees. The Court finds that on account of suspension of mining operations in the State of Goa, the workers who were employed by the lessees have not been paid their wages. Under Section 25C of the Industrial Disputes, Act, 1947, when a workman whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, he is entitled to be paid by the employer for all the days which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to 50% of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off. Following this principle of lay-off compensation, Court held that that workers who could not be … [Read more...] about SC issues guidelines for iron ore mining in GOA, permits regulated mining based on precautionary principle