Law Rakesh Kumar Environmental Laws

ISBN 13: 9788131311332

Environmental Laws

 
9788131311332: Environmental Laws

The book entitled Environmental Laws concerns with trans-boundary problem of environmental pollution. So within the framework the purpose is to show how the law and judiciary have struck a balance between environment and development in India. The development and the protection of environment are not enemies. It is possible to carry on development activities applying the principle of sustainable development. A balance has to be struck. In such matters, many a times, the option to be adopted is not very easy or in strait-jacket. It' development activity is allowed to go ahead unabated, there may be irreparable damage to the economic interest of the nation. However, in case of doubt, protection of environment should have precedence over the economic interest.

Table of Contents:
Concept of Environment and Development
Environment Problems, Policies and Legislations in India
Constitutional Mandates And Environment
Judiciary and Natural Resources
Judiciary and Water Pollution
Judiciary and Air Pollution
Conclusion and Submissions
Bibliography

The expanding interaction of society with nature is so extensive that environmental question has assumed proportions affecting all humanity. Rapid industrializations, expanding urbanization, explosion of population, over exploitation of natural resources, depletion of traditional resources of energy and raw materials, disruption of natural ecological balances, lack of Environmental Education, unawareness of consequences of Environmental Degradation, destruction of multitude of animals and plants species for economic reason or for no good reason, changed agricultural practices, extremely neglected and filthy civic amenities and modern of luxury are some of the factors which are mainly responsible for Environmental Degradation.

Poverty is the fundamental cause which makes people to over exploit the natural resources of the country for meeting their basic needs, for employment, for shelter, for fuel and fodder for their cattle. Poverty and need are indeed the greatest polluters, It is recognized widely that population growth is essentially the result of poverty and lack of education. Governmental awareness of environmental issues is evident.

The earliest laws aimed at controlling air pollution were the Bengal Smoke Nuisance Act of 1905 and Bengal Smoke Nuisance Act of 1912. In 1912 the Central Government enacted a broader Wild Birds and Animal Protection Act. The River Boards established under the River Boards Act of 1956 for the regulation and development of inter-state rivers and river valleys were empowered to prevent water pollution. Environmental regulation got fresh impetus after the UN Conference of Human Environment in 1972. Consequently, a National Committee on Environmental Planning and Co-ordination (NCEPC) was established as an apex advisory body on all environmental matter. On the recommendations of the Tiwari committee, a separate department of environment was established at the Centre on November 1.

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About the Author:

Dr. Rakesh Kumar was born on 1st January 1968 in small village Narayan Chak in Saran District Located in Bihar. He received his elementary education from Dayalpur Primary School, located in adjacent village. He passed matriculation from Islamia High School, Olhanpur, Chhapra and Senior School Certificate examination from Central Hindu School, Kamakchha, Varanasi. He did M.A., LL.M. And Ph.D. from Banaras Hindu University, Varanasi. Presently he is working as Assistant Professor in Law, Agra College, Agra. Dr. Rakesh Kumar is also author of Cyber Laws and has many published articles to his credit. He has participated in many conferences/seminars organized in different parts of the country. Moreover, he has been associated with various social activities and Legal Awareness Programme of Dainik Jagran, Agra Edition.

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Book Description APH Publishing Corporation, 2011. Hardcover. Book Condition: New. The expanding interaction of society with nature is so extensive that environmental question has assumed proportions affecting all humanity. Rapid industrializations, expanding urbanization, explosion of population, over exploitation of natural resources, depletion of traditional resources of energy and raw materials, disruption of natural ecological balances, lack of Environmental Education, unawareness of consequences of Environmental Degradation, destruction of multitude of animals and plants species for economic reason or for no good reason, changed agricultural practices, extremely neglected and filthy civic amenities and modern of luxury are some of the factors which are mainly responsible for Environmental Degradation. Poverty is the fundamental cause which makes people to over exploit the natural resources of the country for meeting their basic needs, for employment, for shelter, for fuel and fodder for their cattle. ?Poverty and need are indeed the greatest polluters,? It is recognized widely that population growth is essentially the result of poverty and lack of education. Governmental awareness of environmental issues is evident. The earliest laws aimed at controlling air pollution were the Bengal Smoke Nuisance Act of 1905 and Bengal Smoke Nuisance Act of 1912. In 1912 the Central Government enacted a broader Wild Birds and Animal Protection Act. The River Boards established under the River Boards Act of 1956 for the regulation and development of inter-state rivers and ri ver valleys were empowered to prevent water pollution. Environmental regulation got fresh impetus after the UN Conference of Human Environment in 1972. Consequently, a National Committee on Environmental Planning and Co-ordination (NCEPC) was established as an apex advisory body on all environmental matter. On th recommendations of the Tiwari committee, a separate department of environment was established at the Centre on November 1, 1980. The Water (Prevention and Control) Act., 1974 reflects India`s first sincerity to deal with environmental issue effectively. The 1988 Amendment Act introduces a new introduces a new section 33A which empowers the State Boards to issue directives to any person to close any industry, or to stop or regulate supply of water and electricity. The Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 were enacted to implement the decision reached at UN Conference of Human Environment 1972 held in Stockholm. The continuing Environmental Degradation coupled with Bhopal gas tragedy, forced the Central Government to enact fresh legislation for adopting stricter environmental policies. Environmental protection and improvement were explicitly incorporated into the Constitution by the Constitution by the Constitution (Forty-second Amendment) Act, 1976. Article 48-A added to the Directive Principles of State Policy declares ?The State shall endeavor to protect and improve the environment and to safeguard the forests and the wildlife of` the country.? Part IV-A anew chapter under the title ?Fundamental Duties? was added by the same Amendment Act in which 51-A(g) casts duty upon every citizen of India ?to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.? The scope of Article 21 of the Constitution which guarantees fundamental right to life and personal liberty is expanded to include the pollution free environment. The scope of the rights guaranteed under Articles. 14, 19(I)(a) and (g) of the Constitution have also been expanded in order to meet the environmental issues. The judiciary has played vital role in preserving the environment and checking its degradation. Rejecting the mechanical method of interpretation, Indian judiciary followed the organic method and propound Printed Pages: 362. Bookseller Inventory # 41239

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Book Description APH Publishing Corporation, 2011. Hardcover. Book Condition: New. The expanding interaction of society with nature is so extensive that environmental question has assumed proportions affecting all humanity. Rapid industrializations, expanding urbanization, explosion of population, over exploitation of natural resources, depletion of traditional resources of energy and raw materials, disruption of natural ecological balances, lack of Environmental Education, unawareness of consequences of Environmental Degradation, destruction of multitude of animals and plants species for economic reason or for no good reason, changed agricultural practices, extremely neglected and filthy civic amenities and modern of luxury are some of the factors which are mainly responsible for Environmental Degradation. Poverty is the fundamental cause which makes people to over exploit the natural resources of the country for meeting their basic needs, for employment, for shelter, for fuel and fodder for their cattle. “Poverty and need are indeed the greatest polluters,” It is recognized widely that population growth is essentially the result of poverty and lack of education. Governmental awareness of environmental issues is evident. The earliest laws aimed at controlling air pollution were the Bengal Smoke Nuisance Act of 1905 and Bengal Smoke Nuisance Act of 1912. In 1912 the Central Government enacted a broader Wild Birds and Animal Protection Act. The River Boards established under the River Boards Act of 1956 for the regulation and development of inter-state rivers and ri ver valleys were empowered to prevent water pollution. Environmental regulation got fresh impetus after the UN Conference of Human Environment in 1972. Consequently, a National Committee on Environmental Planning and Co-ordination (NCEPC) was established as an apex advisory body on all environmental matter. On th recommendations of the Tiwari committee, a separate department of environment was established at the Centre on November 1, 1980. The Water (Prevention and Control) Act., 1974 reflects India`s first sincerity to deal with environmental issue effectively. The 1988 Amendment Act introduces a new introduces a new section 33A which empowers the State Boards to issue directives to any person to close any industry, or to stop or regulate supply of water and electricity. The Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 were enacted to implement the decision reached at UN Conference of Human Environment 1972 held in Stockholm. The continuing Environmental Degradation coupled with Bhopal gas tragedy, forced the Central Government to enact fresh legislation for adopting stricter environmental policies. Environmental protection and improvement were explicitly incorporated into the Constitution by the Constitution by the Constitution (Forty-second Amendment) Act, 1976. Article 48-A added to the Directive Principles of State Policy declares “The State shall endeavor to protect and improve the environment and to safeguard the forests and the wildlife of` the country.” Part IV-A anew chapter under the title “Fundamental Duties” was added by the same Amendment Act in which 51-A(g) casts duty upon every citizen of India “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” The scope of Article 21 of the Constitution which guarantees fundamental right to life and personal liberty is expanded to include the pollution free environment. The scope of the rights guaranteed under Articles. 14, 19(I)(a) and (g) of the Constitution have also been expanded in order to meet the environmental issues. The judiciary has played vital role in preserving the environment and checking its degradation. Rejecting the mechanical method of interpretation, Indian judiciary followed the organic method and propound Printed Pages: 362. Bookseller Inventory # 41239

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