Course Modules

Course Modules

ENVIRONMENTAL LAWSemester IVB.A.LL.B. (Hons.)

INTRODUCTION OF THE COURSE:Since the inception of human history, environment has played a vital role in sustaining life and catering to the needs of the human beings. In fact, nature has made a significant contribution through the ages in influencing different customs, cultures, civilizations and development of mankind. But in due course of time man has lost the sense of gratitude for the benevolence of nature. The passion for industrialization, urbanization, modernization and technological development has become predominant at the cost of environmental protection and this has led to the over-exploitation of the environment and natural resources. The tremendous growth in population and urbanization have created the problems such as deforestation, land degradation, huge generation of chemicals and toxic wastes, pollution of air, water and marine ecosystems, loss of biodiversity, ozone layer depletion, global warming and climate change etc. At present environmental pollution and degradation has become one of the biggest hazards not only to human existence but also to the existence of all the gifts that nature has bestowed on mankind. Unless immediate and urgent steps are taken to control environmental pollution, a bleak and terrible future awaits the humanity. This fact has accelerated the emergence of different legal measures at international and national level for protection of environment and prevention of pollution. In such a situation the role of national governments, the role of individuals and that of society has become very important. Today, Environmental Law is one of the most important tools for environment protection and management and hence it is necessary for Law Students to understand this multidisciplinary subject. This course introduces the multidisciplinary subject of environmental law and is designed to create among the students- a) Awareness regarding the problem of environmental pollution and Law as a means of prevention of environmental pollution and protection of environment. b) A spirit of inquiry to explore the development of international environmental law and its application in India for the protection of environment.c) To make the students aware about the provisions under the Indian Constitution for protection of environment and the various legislative measures. It also provides an opportunity to the students to understand the activist role played by Indian Judiciary in protection of environment and evolution of different principles such as polluter pay principle, precautionary principle, inter-generational equity and sustainable development.At the end of this course the students would be familiar with the overall environmental legal regime of the country as well as its international obligations. It would equip the students with basic knowledge and skills to understand environmental issues.

MODULE I: Introduction (8 10 Lectures)a. Meaning, Definition and Concept of Environment - Components of Environment, Biosphere and Ecosystem, Types of Environment. b. Concept of Pollution Sources of Pollution, Types of Pollution, and Effects of Pollution. c. Nature and Scope of Environmental Law Importance, Law as a tool for Environmental Protection. Suggested References:Books:1. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia Law House, Hyderabad, 2008.2. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency, Allahabad, 2002.3. D.K. Asthana and Meera Asthana, Environment Problems and Solutions, (2nd Edn.), S.Chand & Co. Ltd., New Delhi, 2001.4. S. Shantakumar, Introduction to Environmental Law, (2nd Edn.), Wadhwa & Company, Nagpur, 2005.5. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company, Lucknow, 2008.6. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis, New Delhi, 2005.7. Thrity D. Patel and Azim B. Pathan, Protection and Conservation of Biodiversity: National and International Legal Regime, CEHRRA Nagpur, 2013.Articles:2) Anwar Sadat, Some Legal Aspects of Bali Summit on Climate Change Indian Journal of International Law, Vol. 48, No. 1, Jan-March 2008.4) Krushna Chandra Jena, Ecological and Environmental Protection Movements: A Brief Conspectus, AIR 2005 Journal 288.6) K.C. Leelavathy, Global Warming: A Global Concern, Peace and Development Digest, New Delhi, Vol. 5 No. 3-4, 2000.

MODULE II: International Law and Environmental Protection (15 18 Lectures)

a. History and Development of International Environmental Law, Fundamental Principles of International Environmental Law

b. United Nations Conference on Human Environment, 1972 (Stockholm Conference) Aims and Objectives of the Conference, Stockholm Declaration, 1972, Impact of Stockholm, UNEP- Vienna Convention & Montreal Protocol, World Charter for Nature,1982, WCED The Brundtland Commission, Brundtland Report 1987.

c. United Nations Conference on Environment and Development (UNCED/Earth Summit) Aims and Objectives of Conference, Rio Declaration 1992, Agenda 21, Convention on Biological Diversity, 1992, UNFCCC

d. Earth Summit Plus Five, Kyoto Protocol, 1997; Post Kyoto Negotiations, Millennium Development Goals Johannesburg Conference 2002 (WSSD) - Johannesburg Declaration & Major Outcomes.

e. Emerging Issues- global warming and climate change, acid rain, ozone layer depletion, biodiversity extinction, interface between trade and environment

Suggested References:Books:1. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company, Lucknow, 2008.2. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia Law House, Hyderabad, 2008.3. Amod S. Tilak, Environmental Law, (1st Edn.), Snow White Publication, Mumbai.4. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency, Allahabad, 2002.5. S. Shantakumar, Introduction to Environmental Law, (2nd Edn.), Wadhwa & Company, Nagpur, 2005.

International Documents:1. Stockholm Declaration on Human Environment, 19722. World Charter for Nature, 19823. Brundtland Commission Report- Our Common Future 19874. Vienna Convention on Protection of Ozone Layer, 1985 & Montreal Protocol, 1987 5. Rio Declaration on Environment and Development, 19926. Agenda 217. Convention on Biological Diversity, 19928. UN Framework Convention on Climate Change, 19929. Montreal Protocol, 1987 10. Rio- Declaration, 199211. Kyoto Protocol, 199712. Johannesburg Declaration on Sustainable Development, 200213. UN Framework Convention on Climate Change, 199214. Copenhagen Accord, 2010 1. Krushna Chandra Jena, Ecological and Environmental Protection Movements: A Brief Conspectus, AIR 2005 Journal 288.

MODULE IV:Protection of Environment under the Indian Constitution (10 12 Lectures)

a. Introduction Indirect Provisions, Direct Provisions, 42nd Constitution Amendment Act, 1976

b. Directive Principles of State Policy - Fundamental Duties

c. Development of Fundamental Right to Environment - Judicial Role, Expansion of Locus Standi, PIL, Constitutional Remedy for Protection of Environment, Dynamic Interpretation of Article 21, 14 & 19 of the Constitution, Right to Wholesome Environment Right to Clean and Pollution-free Environment, Right to Sweet Water

d. Incorporation of International Principles under Indian Constitution Sustainable Development - Precautionary and Polluter Pays Principles, Absolute and Strict Liability, Doctrine of Public Trust, Inter-Generational Equity

Suggested References:Books:1. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company, Lucknow, 2008.2. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency, Allahabad, 2002.3. Amod S. Tilak, Environmental Law, (1st Edn.), Snow White Publication, Mumbai.4. Shyam Divan and Armin Rosencranz, Environmental Law and Policy in India, Oxford University Press, New Delhi, 2005.5. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia Law House, Hyderabad, 2008.6. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis, New Delhi, 2005.Articles:2. Madhumita Dhar Sarkar, Contribution of Indian Judiciary towards the Development of Environmental Jurisprudence, AIR 2005 Journal 298.Cases:2. Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh (AIR 1988 SC 2187).4. Virender Gaur vs. State of Haryana (1995 (2) SCC 577).6. A.P. Pollution Control (II) vs. Prof. M. V. Nayadu, (1999) 2 SCC 718; (2001) 2 SCC62.8. Banvasi Seva Ashram vs. State of Uttar Pradesh (AIR 1987 SC 374).10. S.P. Gupta vs. Union of India, (AIR 1982 SC 149).12. M.C. Mehta vs. Kamal Nath (AIR 2000 SC 1997).1. Ramya Seetharaman, The Law on Wildlife and Protected Areas in India: An Analysis, Indian Journal of Environmental Law 68, Vol. 2, 2001.Cases:

1. T.N. Godavarman Thirumulpad vs. Union of India, (2001 (10) SCC 645)2. Banvasi Seva Ashram vs. State of Uttar Pradesh, (1987 (3) SCC 304)3. Tarun Bharat Sangh, Alwar vs. Union of India, (1998 supp (3) SCC 1154. Pradip Krishnan vs. Union of India, (1996 (8) SCC 599)5. Indian Handicraft Emporium vs. Union of India, (AIR 2003 SC 3240)6. Animal and Environmental Legal Defence Fund vs. Union of India, (AIR 1997 SC 1070)7. Centre for Environmental Law WWF-1 vs. Union of India, (AIR 1999 SC 354)8. Rural Litigation Entitlement Kendra vs. State of Uttar Pradesh, (AIR 1988 SC 2187)9. Fatesang Gimba Vasava vs. State of Gujarat, (AIR 1987 Guj. 9)10. Ivory Traders and Manufacturers Association vs. Union of India, (AIR 1997 Del 267)

Bare Acts: 1. The Forest Act, 1927. 2. The Forest (Conservation) Act, 1980. 3. Wildlife (Protection) Act, 1972 as amended in 1991, 2002 and 2006. 4. Biological Diversity Act, 2002.

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