4 Environmental Law

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SUBJECT : ENVIRONMENTAL LAW INCLUDING

ANIMAL WELFARE LAWS


SUBJECT CODE : HSI

Objective:

The objective of the course is to make environmental law familiar to the


students by understanding all dimensions of the subject. The contribution of
Constitution and Constitutional Courts by recognizing the right to wholesome
environment as a fundamental human right with the aid of Public Interest
Litigation and principles environmental law are also explored. It is necessary
to explore the laws enacted by the Union and State Governments by
incorporating the international commitment under the various conventions and
declarations. The Policies and Strategies of the Governments also focused.

UNIT - I : Introduction

Introduction to Ecosystem - Environment and Environmental Law – Factors


responsible for environmental Pollution – Socio and Economic Impacts of
Environmental Pollution – History of environmental protection in India –
Constitutional Obligation on Environmental Protection – Civil Society and
Environmental Management

UNIT - II: International Environmental Law

Fundamental Principles of Environmental Law - Role of United Nations –


Multilateral Environmental Agreements - Stockholm Declaration on Human
Environment, 1972 – United Nations Environment Programme – Nairobi
Declaration, 1982 - Brundtland Report, 1987 - Rio Declaration on Environment
and Development, 1992 – Agenda 21 – United Nations Commission on
Sustainable Development – Climate Change Convention and Protocol –
Convention On Biological Diversity - Johannesburg Summit on Sustainable
Development 2002 – Rio +20

UNIT - III : Pollution Control Laws

Water (Prevention and Control of Pollution) Act, 1974 – Air (Prevention and
Control of Pollution) Act, 1981 – Environment (Protection) Act, 1981 – Power
of Central Government to make environmental Rules – Rules relating to
Management of Hazardous, Plastic Waste, Bio-Medical Waste, E-Waste,
Municipal Solid Wastes and Batteries – Noise Pollution Rules, 2000 –
Environmental Impact Assessment – Coastal Regulation Zone Notification –
Disaster Management Act, 2005

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UNIT - IV: Resource Conservation and Animal Welfare Laws

Indian Forest Act, 1927 – Wildlife Protection Act, 1972 – Forest Conservation
Act, 1980 – Biological Diversity Act, 2002 - Prevention of Cruelty to Animals
Act, 1960 - Chennai Metropolitan Area Groundwater (Regulation) Act, 1987 –
Rain Water Harvesting – Tamil Nadu Protection of Tanks and Eviction of
Encroachment Act, 2007 - Role of Local Bodies

UNIT - V: Remedies for Environmental Pollution

Common Law Remedies/Remedies under Law of Tort – Penal Remedies –


Indian Penal Code and Code of Criminal Procedure – Remedies under
Constitutional Law – Writs – Public Interest Litigation - Public Liability
Insurance Act, 1991 – The National Green Tribunal Act, 2010.

Statutoty Materials:

Bare Act/s

International Conventions

Books Prescribed:

P. Leelakrishnan, Environmental Law in India, Butterworths


P. Leelakrishnan, Environmental Case Book, Lexis Nexis
S. Shanthakumar, Environmental Law – An Introduction, Butterworths
Shyam Diwan and Armin Rosencranz, Enviromental Law and Policy in India,
Oxford
N. Maheswaraswamy, Law relating to Environmental Pollution and Protection
Jaiswal, Environmental Law

Books for Reference:

Alan Boyle and Patricia Bernie, International Law and Environment, Oxford
Philippe Sands, Principles of International Environmental Law, Cambridge
Elli Louka, International Environmental Law, Cambridge

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Centre for Science and Environment, The State of India’s Environment – A
Citizen’s Report, Delhi.
Choudhry R.N. Law of Forests in India, Orient Publishing Company, New
Delhi Encyclopedia of Environmental Pollution and its control Maneka Gandhi
et. al., Animal Laws of India, ULPC, Delhi.
Saksena K.D. Environmental Planning, Policies and Programmes in India,
Shipra, Delhi.

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