TRIMESTER IV

Title of the subject: Environmental Laws

Subject code: LLB203A Credits: 4
Rationale:
Environmental pollution and degradation has become one of the biggest concerns in the wake of global warming.
Everything is hazards to all the gifts that nature has bestowed on mankind. In recent wake of rapid industrial growth,
growth in population and urbanization is leading towards environmental degradation such as water pollution, air
pollution, global warming, deforestation, solid waste etc. As citizens we have been provided all law recourses, it is our
duty as an individual to take measures for curbing such degradation. So, environmental law basically deals with
protection against all kinds of pollution which we need to understand.
Objective:
 To understand that every person has a right to live in a good environment as enshrined under the constitution.
 To have legal and governmental measures at national and international level for prevention of environmental
pollution.
 To preserve all the gifts of nature from all kinds of pollution and create awareness amongst all citizens of the same.

Intended learning outcome:

 Students will be sensitized to all environmental problems and preventive measures for the same
 They will be aware of judicial precedents &international obligations for protection of the environment.

Module I
Introduction& Environment Protection and Indian Cultural Tradition
 Meaning and Concept of Environment
 Components of Environment
 Meaning and Concept of Pollution
 Protection of Environment in Ancient India
 Protection of Environment in Medieval India
 Protection of Environment during British Period
 Protection of Environment during Post Independence Period

Constitution and Environmental Protection

 Constitution and 42nd Amendment Act of 1976
 Directive Principles of State Policy
 Fundamental Duties
 Right to Pollution Free Environment
 Sustainable Development
 Precautionary Principle
 Polluter Pay Principle
 Public Trust Doctrine

Module II
Environment protection legislation
 National Green Tribunal Act, 2010: An Appraisal

The Water (Prevention and Control of Pollution) Act of 1974

 The Framework of the Act
 Regulatory Mechanism: Its Powers and Functions
 Offences and Penalties under Water (Prevention and Control of Pollution)Act, 1974
 Role of Judiciary in Prevention of Water Pollution

The Air (Prevention and Control of Pollution) Act of 1981

 The framework of the Act
 Regulatory Mechanism: Its Powers and Functions
 Offences and Penalties under Air (Prevention and Control of Pollution)Act, 1981
 Role of Courts in Prevention of Air Pollution
The Environment Protection Act (EPA) of 1986
 Main Aims and Objectives of the Act
 Importance of Section 3 and 5 of EPA
 Violation and Penalties under the Act

Module III
Forest, Wild Life and Biodiversity Laws:
Forest Conservation
 Indian Forest Act, 1927 and its Salient Features
 Forest Conservation Act, 1980 and its Salient Features
 Judicial Approach for Forest Conservation
 Rights of Tribal People

The Wildlife Protection Act 1972

 Sanctuaries and National Parks
 Licensing of Zoos and Parks
 State Monopoly in the Sale of Wild Life and Wild Life Articles
 Offences against Wild Life

Biodiversity Conservation
 Biological Diversity Act, 2002 and its Salient Features
 Control of Eco-unfriendly Experimentation on Animals and Plants

Module IV:
International Law and Protection of Environment
 Fundamental Principles of International Environmental Law
 United Nations Conference on Human Environment, 1972 (Stockholm
 Conference)
 Aims and Objectives of the Conference
 Stockholm Declaration on Human Environment, 1972
United Nations Conference on Environment and Development (UNCED), 1992 (Rio Conference)
 Aims and Objectives of the Conference
 Declaration of UNCED
 Agenda 21: Blue Print for Action in 21st Century
 Millennium Development Goals, 2000
 Johannesburg Declaration on Sustainable Development, 2002
 Global Warming and Climate Change
 From Copenhagen to Cancun

Books:
1. Jaswal, P.S Environmental Law, Allahabad Law Agency 2017
2. Philippe Sands, Principles of International Environmental Law Cambridge Fourth Edition 2018
3. Maheshwara Swamy, Textbook on Environmental Law Asia Law House 2013
4. ShastriS.C., Environmental Law Sixth Edition EBC 2018
5. Asthana, D. K. and Meera Asthana, Environment Problems and SolutionDec 2007
6. Doabia, T. S., Environment and Pollution Law in India, Lexis Nexis Third Edition 2017
7. Jain, M. P., Indian Constitutional Law Wadhwa and Company Eighth Edition 2018
8. Kothari Ashish, Understanding Biodiversity, Life, Sustainability and Equity, 1997
9. Orient Longman Limited, New Delhi.
10. Pandey, J. N., Constitution Law of India Central Law Agency 2018
11. Padma, International Environmental Law ALT Publications 2012
12. Wildlife Laws and the Environment Lexis Nexis- Butterworths 2013
13. Desai, Ashok A., Environmental Jurisprudence, Vikas Publication, 2nd edition, (2002)
14. Divan, Shyam and Rosencranz, Armin, Environmental Law and Policy in India: Cases, Materials and Statutes,
Oxford University Press, 4th edition, (2005)
15. Leela krishnan P., Environmental Law Case Book, Lexis NexisButterworthsWadhwa, Nagpur, (2010)
16. Thakur Kailash, Environment Protection: Law and Policy in India, Deep & Deep Publications Pvt. Ltd. (2003)

Articles:
1. The Report of the United Nations Conference on Environment andDevelopment, Aug. 12, 1992.
2. Report of High Powered Committee on Management of Hazardous Waste, Central Pollution Control Board,
Ministry of Forest and Environment, Government of India
3. Ramya Seetharaman, ‘The Law on Wildlife and Protected Areas inIndia: An Analysis’, Indian Journal of
Environmental Law 68, Vol. 2,2001.
4. R.A. Malviya, ‘International Regulation of Global Warming: Problemsand Prospects’, The Banaras Law Journal,
Vol. 31, Jan. 2002.
5. Anwar Sadat, ‘Some Legal Aspects of Bali Summit on Climate
6. Change’ Indian Journal of International Law, Vol. 48, No. 1, Jan-March 2008.
7. Gianluca Rubagotti, ‘The Clean Development Mechanism