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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

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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