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Environmental Law In India

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HISTORY OF ENVIRONMENTAL LAW IN INDIA Environment indubitably plays a vital role in our daily lives. Environment is being threatened with increasing technological advancement & industrialization. Hence, over the last few decades there has been increased awareness as to environmental protection. As a result of this, environmental jurisprudence in India has also seen a sea change. On a study of the environmental law in India, we find various scenarios starting from the ancient India on preservation of nature. Ancient India Environment is considered to be something inherited from one’s ancestors. God’s presence is equated to nature and nature is worshipped extensively in Hindu culture. Divine forces were associated with various forms of nature …show more content…

• Mughal rulers contributed by way of magnificent gardens, bountiful orchards and pleasure parks. However, though they spent a large time enjoying nature, they did not make great efforts in the direction of natural forest cover conservation. British Era The British colonialism undoubtedly brought about a depletion of India’s rich natural resource. This was in line with the Judeo Christian Principle that all resources & nature belonged to men and were meant for the exclusive use & benefit of the human species alone. Apart from a few token laws on forest protection, noise pollution and water pollution, there was almost a complete indifference towards environmental conservation in India. It may also be noted that the laws that were enacted by the British in this regard showed a very narrow scope and was restricted only to certain territories in India. Some instances of the laws enforced by the British were as follows:- • Shore Nuisance (Bombay and Kolaba) Act of 1853 • Oriental Gas Company Act of …show more content…

In this case, Shriram Industries was allowed to operate in a designated air pollution control area. Oleum Gas leaked accidentally from the factory. Though the company was in compliance with the limits permissible air pollution laws at that time, the Supreme Court of India slapped the company with liability for the accidental leakage of gas. Hence, Courts of India uphold the “polluter pays principle” for damages caused on account of polluting activities whereby the polluting parties have to pay out civil liabilities for environmental

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The government has passed many conservation policies to protect animals, eco-systems, plants and trees itself and indigenous people’s way of life, but many of these policies get overlooked and require a lot of extra work. How it affects the rest of the world- This action is permanent, and all of the world is targeted as a potential setting for deforestation. It is predicted that the continuing action may result in very few rainforest across the entire globe. Cutting trees can also be harmful to our ozone layer, which protects earth from dangerous radiation.

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Some of them failed because of the political reasons. Pitt’s India act was also one of these failures. It was about the relationship to the British government. From another aspect, it showed the

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HRT 3M1a- Grade 11 Religion CPT Part A: Annotated Bibliography Chapple, Christopher Key. " Hinduism and ecology. " Tikkun, Mar.-Apr. 2005, p. 32.

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However there are dangerous things about nature even if humans need nature. The inclusion of nature in the good mind’s creation suggests that humans want a simplistic life in unity with nature, but without the chaos of nature in its purest

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The British worked to help preserve the environment and animals (#17).The British destroyed forests and the soil that they farmed on. After a few years the soil was degraded and the quality went down (Doc 7). This shows how even though they worked to preserve the environment, the British were really just tearing up India’s land to farm for their own crops and then ship them back to Britain. The British built 10,000 tracks and 136,000 bridges (#14). They built railways to secure their own British rule in India (#13).Even though they built lots of bridges and railroads for transportation most of it was mainly built to benefit themselves and make sure they kept their rule in

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The contaminated water supply then resulted in the death of little children, and parents had to bury their own children. Therefore, there is no reason not to have prosecuted the two corporations as all the elements of negligence are displayed here. Consequently, both corporations whether it was intentional or accidental, committed an act of negligence. Although nothing can be done to undo the losses, both companies must have apologized and compensated the damages

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The state of nature was constructed as the universal way of law that is passed down from God. In the law of nature, people are giving the power to self-governor themselves. The state of nature proved general rules of what individuals were not supposed to do to another person. The laws were specific to oneself insofar as that they protected individuals from others because everyone was subject to their own perfect freedom. People shared the same equal chances at resources so there was no need to fight or to kill.

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The inhabitants right to an “environment that is not harmful to their health and well-being” and the right to “ecologically sustainable development” is violated. Environmental ethics, on the other hand, is the area of applied ethics that discusses, reflects and reasons on normative measures (values, rules, norms, criteria) for dealing with non-human natural entities in a responsible way (Karafyllis 2013, p.292). In particular, it refers to the value that mankind places on protecting, conserving, and efficiently using resources that the earth provides. Simply put, environmental ethics poses the question - what, if any, moral obligation does man have to the preservation and care of the non-human

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The Renaissance was a time of great advancement in many subjects, such as literature, art, philosophy, science, and religion. It makes sense that this time period is referred to as the Renaissance, since the word itself means “rebirth” in French. The Renaissance focused on the arts, a religious transformation (known as the Reformation), and a reconstruction of the scientific method and experimentation (known as the Scientific Revolution). Art took a major turn during the Renaissance.

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A significant number of international human rights and environmental instruments show how environmental protection contributes to the enjoyment of human rights. Human rights became a focus of international law long before environmental concerns did. While the United Nations Charter of 1945 marked the beginning of modern international human rights law, the Stockholm Declaration of 1972 is generally seen as the starting point of the modern international framework for environmental protection. Certain international human rights instruments concluded after the 1972 United Nations Conference on the Human Environment explicitly recognized the linkage between human rights and the environment.

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Sustainable forest management requires three major criteria which are the maintenance of ecological processes within the forest (soil formation, energy flow, biogeochemical cycles (carbon, nutrient and hydrological cycles), maintenance of biodiversity of forest, improving the net social benefits derived from the mixture of forest uses within the constraints by considering the future. Forest provides habitats for more than half of the fauna and flora on the Earth (SCBD, 2001). Forest biome plays an important role in mitigating climate change by serving as carbon sinks (Hassan et al., 2005). Forest land is the most fundamental natural resources which become reduced mainly due to anthropogenic pressures. For proper management of land, it is essential to have information about existing land cover and about the naturalness of the land.

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