Forests have immense environmental value. Deforestation and dwindling area of forest in the country is matter of grave concern to the country. The apex court has contributed a lot in the management of forest used for developmental purposes. (P.Leelakrishnan, 2016, Chapter 3). Along the lines the Parliament passed the Compensatory Afforestation Fund Act (CAF Act) in 2016. It provides for setting up the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) at both central and state levels to ensure prompt and transparent utilization of amounts realized in lieu of forest land diverted for non-forest purpose. The huge sum of money credited to the Fund reveals the rampant nature of deforestation in the country. The legislation reduces the hardships of the communities’ dependant of natural forests to a monetary value. The CAF Act extends forest bureaucracy “unchecked powers to undertake plantations on private and common property resources” for … [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?
The right to life enshrined in the Constitution extends to the “right to a clean and healthy environment”. Courts have the power to grant financial compensation as a remedy for the infringement of the right to life. “Polluter Pays” rule is sacrosanct, ie, polluters should be held “absolutely liable” to compensate for harm caused by their hazardous activities. Natural resources which are fragile or of high ecological value should be maintained and preserved for the public. The government is responsible for preventing environmental degradation. Infact the implementation of preventative measures should not be delayed wherever there is the possibility of irreversible damage. Green Benches should be set up in all the High Courts of the country dedicated specifically to environmental cases. Undoubtedly the above list is not exhaustive and represents a fraction of environmental cases that have reached the Courts. There … [Read more...] about Go Green: Charting a Career in Environmental Law
One of the major reasons for the implementation crisis arises from the fact that environmental governance in India is administered by the Ministry of Environment Forest and Climate Change (MoEF) and not by an independent regulatory body. The MoEF is designated as the administrative agency for overseeing implementation of environmental legislation and policies in India. Excessive control of the government over the environmental governance in India leads to the lack of proper implementation of existing environmental laws. An example for excessive governmental control is the implementation of the Environmental Impact Assessment Notification in India. The ‘Environmental Impact Assessment Notification, 2006’ provides authority to the MoEF for clearance of the large-scale projects requiring prior environmental impact assessment. As the MoEF is completely controlled by the ruling government, there has been constant relaxation of Environmental Impact Assessment norms as well as … [Read more...] about Taking Environmental Law Seriously: An Indian Perspective
The judgment has accepted many of the recommendations Justice Shah Commission . The Central Government appointed the Justice Shah Commission under Section 3 of the Commissions of Inquiry Act, 1952 by notification dated 22.11.2010. On the basis of findings in the report of the Justice Shah Commission on illegal mining in the State of Goa, the Goa Foundation has filed Writ Petition (C) 435 of 2012 as Public Interest Litigation praying for directions to the Union of India and the State of Goa to take steps for termination of the mining leases of lessees involved in mining in violation of the Forest (Conservation) Act, 1980, the Mines and Minerals (Regulation and Development)Act, 1957, the Mineral Concessions Rules, 1960, the Environment (Protection) Act, 1986, the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 as well as the Wild Life (Protection) Act, 1972. The Goa Foundation has prayed that a … [Read more...] about SC issues guidelines for iron ore mining in GOA, permits regulated mining based on precautionary principle