emerging environmental law jurisprudence

1. Principles of Environmental Law and
Emerging Environmental
Jurisprudence in India
BY – Ashutosh kumar

2. -ORIGIN AND DEVELOPMENT OF
ENVIRONMENTAL LAW IN INDIA
-PRINCIPLE OF ENVIRONMENTAL LAW
-ENVIRONMENTAL LEGISLATIONS IN INDIA
-EMERGING ENVIRONMENTAL
JURISPRUDENCE IN INDIA
-CONCLUSION

3. ORIGIN AND DEVELOPMENT
-Policy and Laws in British India
-• Shore Nuisance (Bombay and Kolaba) Act, 1853
imposed restrictions on the fouling of seawater.
• Merchant Shipping Act of 1858 dealt with
prevention of sea pollution by oil.
• The Fisheries Act, 1897
• The Bengal Smoke Nuisance Act of 1905
• Bombay Smoke Nuisance Act of 1912
• Wild Birds and Animals Protection Act, 1912 and
Forest Act, 1927

4. Environnemental Législation after
Independence
 Stockholm Declaration of 1972
 The Wildlife (Protection) Act, 1972,.
 The Water (Prevention and Control of Pollution)
Act, 1974
 The Forest (Conservation) Act, 1980 aimed to
check deforestation, diversion of forest land for
non-forestry purposes, and to promote social
forestry.
 The Air (Prevention and Control of Pollution)
Act,1981
 The Environment (Protection) Act, 1986
 The Public Liability Insurance Act, 1991
 The Biological Diversity Act, 2002

5. Principles Of Environmental law
1.Sustainable Development
2. Precautionary Principle
3. Polluter Pays Principle
4. Public Trust Doctrine
5. Environment Impact Assessment (EIA)
6. Public Liability Insurance
7. Absolute Liability
8. Common But Differentiated Responsibility

6. Principle of Environmental LAW
1.Sustainable Development
Stockholm Declaration in 1972, World Charter for
Nature of 1982, Report of the World Commission
on Environment and Development under the
chairmanship of Geo Harlem Brundtland
(Brundtland Report), Our Common Future of 1987,
the document Caring for the Earth; A Strategy for
the Sustainable Living developed by the second
world conservation project comprised of the
representatives of the IUCN, UNEP and the
Worldwide Fund for the Nature
In Vellore Citizens Welfare Forum v. Union of
India,

7. 2.Precautionery Principle
1) Environmental measures – To anticipate, prevent and attack
the causes of environmental degradation.
(2) Lack of scientific enquiry should not be used to postpone
measures for prevention of environmental degradation.
(3) The onus of proof is on the actor, developer or industrialist
to show that his action is environmentally benign.
In A.P. Pollution Control Board v. M.V. Nayudu
3. Polluter pays principle
The cost of pollution abatement.
• The cost of environment recovery.
• Compensation costs for victims of damages if any, due to
pollution.
Vellore Citizens Welfare Forum v. Union of India, Resultantly, the
Supreme Court recognized Sustainable Development, the
Precautionary Principle and the Polluter Pays principle as a
part of our environmental jurisprudence

8. - 4.Public Trust Doctrine
Natural Resources property subject to the trust
must not only be used for a private and commercial
purpose, but it must be held available for use by the
general public.
The property may not be sold, even for a fair cash
equivalent.
The property must be maintained for particular types
of uses.
Case-Mc Mehta vs. kamalnath
5.EIA-Environmental Impact Assessment is defined
as an activity designed to identify the impact on the
biogeophysical environment, on man and well-being
of legislative proposals, projects, policies, operational
procedures and to interpret and communicate
information.

9. 6. Public Liability Insurance- The Public Liability Insurance Act
1991, has been enacted with the object of providing
immediate relief to the victims of accidents that might occur
while handling of hazardous substances. The owner who has
control over handling of hazardous substances is required
under the Act to pay specified amounts to the victims as
interim relief based on ‘no-fault’ liability
CASE-Bhopal Gas Tragedy Case
7. ABSOLUTE LIABILITY PRINCIPLE
M.C. Mehta vs. Union of India, A.I.R. 1987 S.C. 1086:-
The S.C. of India was dealing with claims of leakage of oleum
gas on the 4th and 6th December,1985 from one of the units
of Shriram Foods and Fertilizers Industries, Delhi. Due to this
leakage, one advocate and several others had died. An action
was brought against the industry through a writ petition under
Article 32 of the Indian Constitution by way of a Public Interest
Litigation (PIL)

10. 8. Commaon But Diffrenetiated Responsibility
Cop-21 Paris Agreement.
Developed And Developing Countries Respnsibility
Common Heritage Of Mankind
100 Billion Fund For Climate Change

11. EMERGING ENVIRONMENTAL
JURISPRUDENCE
- Emerging environmental jurisprudence in india
- Declaring natural resources as living entity/parens patrie.
- Juristic personality
- High Court of Uttarakhand at Nainital in the matter of Lalit
Miglani Vs State of Uttarakhand & Others dated
30/03/2017
- Present status – Supreme court has stayed the order.

12. CONCLUSION
STRONG ENVIRONMENTAL REGIME
1.NGT, 2010 FROM SOFT LAW TO HARD LAW
2 .COMPULSORY AFFORESTATION ACT,2018
3.DECLARING NATURAL ENTITY AS JURISTIC
PERSONALITY
4. DUE DILIGENCE AND AWARENESS

13. - Thank you
- QUSTIONS PLEASE ?