20201BBL0070 jurisprudence.pptxyyyyyyyyy

Overview

1. ENVIRONMENTAL JURISPRUDENCE ROHIT RAVI KUMAR 20201BBL0070

2. INTRODUCTION The development of environment jurisprudence started in 1980’s and 1990’s there were many significant changes has been made and specific laws were made to control the environmental pollution. Substantial provisions were also incorporated into the constitution for the protection of environment.

3. THE INDIAN CONSTITUTION AND ENVIRONMENTAL PROTECTION India is one of the signatories of the Stockholm declaration which is known as the Magna Carta on human environment. Therefore, to fulfil it’s promise made at Stockholm conference, the Indian parliament passed the 42 nd amendment to the constitution in 1976 and incorporated specially two articles relating to protection and improvement of the environment. Thus, India became the first country in the world to have provisions on the environment in the constitution.

4. CONSTITUTIONAL OBLIGATIONS The state’s responsibility with regard to environmental protection has been laid down under article 48-A of our constitution, which reads as follows: “ The state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”.

5. Environmental protection is a fundamental duty of every citizen of this country under article 51-A(g) of our constitution which reads as follows; “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures” Article 48-A of the constitution comes under directive principles of State policy and article 51A(g) of the comes under fundamental duties.

6. The basic scope and nature of the state responsibility for the protection of natural resources were discussed by the Supreme Court in Intellectuals Forum, Tirupati vs State of A.P. in this case the court held that the responsibility of state to protect the environment is now a well accepted notion in all countries, this responsibility is clearly the United nations, conference on human environment, Stockholm,1972.

7. Judicial Precedents Chapter 3 dealing with fundamental rights does not have any direct bearing on environment degradation or eco-imbalances, and has not even referred to these words at all. The judicial pronouncements of the Indian Supreme Court and State High Courts have significantly contributed in giving a newer and finer perspective to environment protection in the form of fundamental rights. This Photo by Unknown Author is licensed under CC BY-NC-ND

8. The Madras High Court has rightly pointed out in Shobana Ramasubramanyam Vs Chennai Metroplitan development authority case that today’s emerging jurisprudence, environmental rights, which encompass a group of collective rights, are described as “third generation rights”. The first generation rights are political rights, while the second generation rights are social and economical.

9. Article 21 of the constitution, though it guarantees right to life and personal liberty, does not directly confer right to clean, unpolluted and healthy environment. But the various judicial decisions on the occasions have expanded the right to life and personal liberty various occasions have expanded the right to life and personal liberty to include the right by recognizing various “unarticulated liberties” as recognized implicitly by article 21.

10. MC MEHTA CASE In M.C Mehta Vs. Kamal Nath, Saghir Ahmed J explained; in order to afford protection to life, in order to protect environment and in order to protect air, water and soil from pollution, this court through its various judgements has given effect to the right available, to the citizens and other persons alike, under article 21 of the constitution. It was clarified by the Supreme Court that any disturbance of the basic environment elements namely air, water and soil which are necessary for life within the meaning of article 21 of the constitution.

11. CONCLUSION Ancient philosophies of law in India, as far as they seem relevant to a discussion of environmental law in India today, show how India, from very early times, the regulation of human conduct included implicit concern for nature, regulation of human conduct included implicit concern for nature or the environment. The Indian way of life envisage the intimate interlinking of all microcosmic as well as macrocosomic concerns in every aspect of human existence. This kind of systematic universal view provides ecological discussions and environmental law. For various reasons such conceptual elements have implicitly, rather than explicitly been relied upon as the legal postulates of current Indian environmental jurisprudence. There is now a rapidly growing jurisprudence on Indian tranditions and philosophies relating to the environment.