Introduction to Environmental Law in India
This guide provides an introduction to environmental law in India, focusing on the principles and practices that govern our relationship with the natural world. It aims to equip law students and aspiring lawyers (LLB) with a comprehensive understanding of this critical area of jurisprudence.
Key Concepts
Definition of Environmental Law
Environmental law refers to the body of rules and regulations designed to protect the environment and promote sustainable development. India, this field of law intersects with various other areas, including constitutional law, international law, and state-specific legislation.
Sources of Environmental Law
India's environmental law framework draws from several sources:
- The Constitution of India
- Central government acts and regulations
- State-level legislation
- International treaties and agreements
Case Studies
M.C. Mehta v. Union of India (1986)
In this landmark case, the Supreme Court of India addressed the issue of pollution caused by industrial activities in Delhi. The court held that the right to clean air and water was a fundamental right under Article 21 of the Constitution.
Legal Section Number: Section 19(2)(vii) of the Water (Prevention and Control of Pollution) Act, 1974
Vellore Citizens' Welfare Forum v. Union of India (1996)
This case dealt with the issue of groundwater contamination due to industrial effluent discharge. The court emphasized the need for balancing economic development with environmental protection.
Legal Section Number: Section 3 of the Environment (Protection) Act, 1986
Relevant Legal Sections
Air (Prevention and Control of Pollution) Act, 1981
- Section 5: Powers of State Government
- Section 15: Power to give directions
Water (Prevention and Control of Pollution) Act, 1974
- Section 19(2)(vii): Penalty for contravention of certain provisions
Forest Conservation Act, 1980
- Section 2(1): Definitions
- Section 4: Restrictions on acquisition of forest land
Wildlife Protection Act, 1972
- Section 9A: Penalties for wildlife trade offenses
Conclusion
Understanding environmental law is crucial for future generations of lawyers and policymakers. As we continue to grapple with the challenges of climate change and resource depletion, knowledge of this subject will become increasingly valuable.
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