Tag: #environmentallaw

This article discusses the impact of natural, physical, and social environments, as well as factors such as dysfunctional families, substance abuse, and unemployment. The article emphasizes the need for a multifaceted approach to address these issues and highlights the implications of environmental factors on crime from a legal perspective.

Introduction

An individual’s surroundings hold significant sway over their behaviour, even in ways that may not be immediately apparent. For instance, the force of gravity is a constant presence in our lives, impacting every aspect of our physical being from the way we move to the way we breathe. Similarly, the environment in which we reside can have a profound impact on our actions, particularly when it comes to criminal activity.

The importance of studying the effects of surroundings on criminal behaviour has become increasingly clear as urban populations continue to rise. Historically, cities have had higher crime rates than rural areas, and this trend is expected to persist as cities become more densely populated and technologically advanced. Like our childhood experiences that shape our perspectives and behaviour, our surroundings can greatly influence the likelihood of engaging in criminal activity. To create a safer and more secure society, it is critical to comprehend the intricate connections between social, physical, and natural environments.

Natural Environment and Its Influence on Criminal Activity

The natural environment can have a profound impact on human behaviour and mental states, potentially leading to changes that increase the likelihood of criminal activity. For instance, research has shown that temperature can be a significant factor in predicting certain types of violent crime. Studies conducted in South Korea, Pakistan, the United States, and New Zealand have all found a correlation between higher temperatures and increased crime rates, especially during the summer months. Conversely, lower temperatures have been linked to lower rates of criminal activity. These findings suggest that natural forces can affect individuals both physically and emotionally, potentially leading to out-of-character behaviours that may result in criminal acts. For example, extreme weather events such as hurricanes and heat waves have been shown to increase property and violent crimes. Furthermore, changes in climate and temperature are expected to have even more significant impacts on crime rates in the future.

Air pollution is another natural factor that has been shown to impact crime rates. The presence of pollutants in the air can have neurological effects on individuals, which can affect their cognitive function and lead to an increased risk of criminal activity. For example, a study conducted by Nevin in the United States found a correlation between lead concentration in gasoline, changes in IQ levels, and an increase in violent crime rates. When lead was removed from gasoline, there was a significant decline in the number of individuals with neurological problems and violent crimes. Other studies have also explored the relationship between air pollutants like carbon monoxide, particulate matter, sulfur dioxide, and ozone and their effects on crime rates. For instance, some studies have suggested that higher levels of carbon monoxide can lead to a reduction in burglary cases. These findings highlight the importance of considering the impact of the natural environment on crime rates and the potential role of air pollution in shaping criminal behaviour. Therefore, it is important to consider the influence of the natural environment when analyzing patterns and trends in criminal activity.

Physical Environments in Crime

Physical environments’ impact on crime is increasingly being recognized and studied by developed countries. The issue is not receiving the attention it deserves, despite its significant impact on society. Three levels of study, namely Micro, Macro, and Meso, are used to understand how physical features in our surroundings affect crime. Crime Prevention through Environmental Design (CPTED)^[1] is a multi-disciplinary approach that utilizes urban and architectural design, as well as the management of built and natural environments, to prevent crime.

Understanding the impact of physical environments on crime is crucial in developing effective crime prevention strategies. By examining how features such as building design, street layout, and lighting affect criminal activity, policymakers can design and implement measures that can deter crime and enhance public safety. The study of physical environments and crime prevention is therefore an essential aspect of creating livable and safe communities. Furthermore, adopting a multi-disciplinary approach like CPTED can help foster community cohesion and empower residents to take ownership of their areas, leading to a more proactive approach to crime prevention.

Poor physical planning and the absence of Crime Prevention Through Environmental Design (CPTED) principles can increase the likelihood of criminal activity in a given area. CPTED is a set of design principles that aim to reduce crime by making changes to the physical environment. This can include features such as lighting, landscaping, and the layout of buildings and streets. When implemented effectively, these measures can create an environment that is less conducive to criminal activity.

The broken window theory supports the idea that disorder leads to more crime. According to this theory, observable indications of disorder, such as litter or broken windows, can indicate to potential offenders that an area is not well-maintained, thereby reducing the likelihood of criminal activity being identified and penalized. This can create an environment in which criminal activity becomes more prevalent.

Criminals often exhibit a specific modus operandi when planning and carrying out criminal activities. They tend to look for opportunities and environments that make it easy for them to commit crimes with minimal risks of getting caught or identified. Essentially, crime occurs when the perpetrator identifies a vulnerable target and feels confident that they can get away with the crime. This can include factors such as poor lighting, lack of surveillance, or inadequate security measures in a given area. By understanding the pattern of the approach used by criminals, law enforcement and community members can take steps to prevent crime and create a safer environment for all. This might involve implementing measures such as increasing lighting or surveillance, improving security measures, or increasing community awareness of potential risks and prevention strategies.

The likelihood of crime occurring in a particular location is influenced by the physical environment, as it can shape the perception and behaviour of potential wrongdoers. Criminals often evaluate a location’s vulnerabilities before committing a crime, including factors such as accessibility, visibility, and escape routes. If a location presents challenges to entering or escaping undetected, the potential wrongdoer may reconsider their decision to commit a crime. For instance, a location with high visibility, limited access points, or no direct escape route may deter criminal activity. By designing physical environments with these considerations in mind, it is possible to reduce the likelihood of crime and increase community safety.

Impact of Social Environment on Criminal Behaviour

The social environment in which individual lives can have a significant impact on their likelihood to engage in criminal behaviour. In Hindi culture, there are many proverbs that reflect this idea. One such proverb is “Sangati ka asar padta hai,” which translates to “The company you keep influences your behaviour.” This proverb suggests that the people we associate with can have a significant impact on our beliefs, attitudes, and actions. It is crucial to consider the social environment when examining the root causes of crime and implementing strategies to prevent it. By addressing the underlying factors that contribute to criminal behaviour, such as poverty and lack of education, we can create a more positive social environment that encourages lawful behaviour and reduces the likelihood of crime.

It is widely acknowledged that a significant portion of violent behavior is learned, rather than innate. Specifically, research has indicated that exposure to violence or physical abuse during childhood – particularly within the family unit – can significantly increase the likelihood of engaging in violent behaviour during adolescence. The magnitude of this risk has been estimated to be as high as 40%. It is noteworthy that the absence of effective social bonds and parental failure to impart and internalize conventional norms and values may also render children vulnerable to later engagement in violent behaviour, even in cases where violence is not modelled in the home. This underscores the importance of a supportive and nurturing environment, where children are taught to internalize socially-accepted values and norms.

Furthermore, it is worth mentioning that certain neighbourhoods may provide opportunities for learning and engaging in violent behaviour. This can be attributed to a variety of factors, including but not limited to a lack of economic opportunities, social inequality, and limited access to resources that could support positive development.

Causes of Violent Behaviour

The existence of criminal organizations, particularly those involved in illicit drug trade, and gangs, exposes individuals to high levels of violence, as well as violent role models and rewards for engaging in serious violent activities. While behaviour patterns developed in early childhood can persist in the school environment, schools themselves can also serve as sources of conflict, frustration, and potential triggers for violent responses.

Research has revealed that school dropouts, drug dealers, and those with prior records of violent behaviour are more likely to possess firearms than their non-violent peers. Moreover, growing up in disorganized neighbourhoods and impoverished, minority households have been shown to have a direct impact on the development of violent behaviour in two primary ways. Firstly, limited employment opportunities at the time of transitioning into adulthood can hinder the chances of establishing a stable family life. Secondly, growing up in disorganized and impoverished neighbourhoods can disrupt the natural course of adolescent development.

DYSFUNCTIONAL FAMILIES AND CRIME

The CS&CPC recognizes the crucial role that families play in raising responsible and healthy members of society. However, ensuring the well-being of children requires more than just the efforts of families; it involves the active participation of communities and society as a whole. Dysfunctional family structures are among the primary contributors to future delinquency. These structures can include parental inadequacy, conflict, criminal behaviour, poor communication, lack of respect and responsibility, child abuse and neglect, and family violence. Therefore, it is crucial for crime prevention efforts to address these root causes by focusing on improvements in all three areas: families, communities, and society.

HOUSEHOLD CONDITIONS

Studies have found that witnessing domestic violence at home is a strong indicator of violent behavior among young offenders, with over 50% of them having witnessed wife abuse. Children who experience physical or sexual abuse are also at a significantly higher risk of becoming violent adults. Furthermore, ineffective parenting, lack of parental involvement, and rejection, as well as inconsistent and overly punitive discipline methods, are all consistent indicators of delinquent behavior.

Unwanted and teen pregnancies have also been linked to higher risks of criminality. Additionally, research suggests that dysfunctional parenting increases the likelihood of youth associating with delinquent peers. Early school leavers also face many challenges, including unemployment or under-employment, and it has been found that 40% of federal inmates in Canada have an undetected learning disability from childhood. Therefore, addressing issues related to the home environment and parenting can help prevent future delinquent behavior.

SUBSTANCE ABUSE AND CRIME

Alcohol and substance abuse have a close association with criminal behaviour, with many offenders being under the influence of drugs or alcohol when committing crimes. The regular use of alcohol during adolescence has also been linked to higher conviction rates in adulthood. Additionally, research suggests that exposure to certain forms of media, such as television, can influence the behaviour of children to some extent. Studies have also found links between diet and violent behaviour. Therefore, addressing substance abuse and related factors is crucial for effective crime prevention efforts.^[2]

UNEMPLOYMENT AND CRIMINAL BEHAVIOR

Frequent joblessness is often associated with criminal behaviour. Several studies have revealed that a significant proportion of incarcerated youths and adults were unemployed prior to their arrest. The experience of persistent unemployment can create a sense of hopelessness, especially among young people, and trigger negative behaviours like theft, substance abuse, alcoholism, and violence against children and family members. Similarly, men who are unemployed after being released from correctional facilities are more likely to re-offend. A combination of academic failure and unstable employment situations can lead to continued involvement in criminal activities.

DIVERSE ADDITIONAL RISK FACTORS

The probability of criminal behaviour is influenced by multiple risk factors, which should not be considered in isolation. The major risk factors identified through research include poverty, racism, family violence, parental and community neglect, and problems at school. Many persistent offenders begin engaging in anti-social activities before and during adolescence. Age alone is not a risk factor but should be looked at in the context of these factors. Prevention efforts should be focused on the early childhood years as they are critical for healthy social and emotional development, with birth to age 5 being the most crucial.

Although crime rates among females have increased in recent years, males are still more likely to be involved in criminal behaviour. Research indicates that crime usually involves aggression, risk-taking, and predatory behaviour.

Implications of Environment on Crime: Legal Considerations

The impact of the environment on crime rates has important legal consequences, particularly in regard to the development of more sophisticated and personalized guidelines for sentencing. Studies indicate that individuals who come from less privileged backgrounds are more prone to criminal activity, suggesting that uniform sentencing guidelines may not be suitable for all offenders. Consequently, judges and policymakers may need to take into account factors such as an individual’s socioeconomic circumstances and other environmental influences when determining the most suitable sentence.

It is crucial to strike a balance between individualized sentencing and ensuring public safety. While it is important to consider an offender’s background and environmental influences when deciding on an appropriate sentence, it is equally essential to take into account the severity of the crime committed and the potential danger that the offender poses to society. Sentencing guidelines must be designed to serve the interests of justice, deterrence, and the protection of the public.

Although socioeconomic and environmental factors may play a role in an individual’s criminal behaviour, it is important to avoid using them as an excuse for overly lenient or excessively harsh sentencing. The principle of proportionality should be upheld in all cases, which means that the severity of the punishment should be commensurate with the gravity of the offence committed. Implementing interventions that tackle the root causes of criminal behaviour is an essential step toward reducing crime rates and creating a safer and fairer society. By investing in programs and initiatives that address issues like poverty and social inequality, we can help prevent individuals from turning to criminal activities and create a more just and equitable society.

Conclusion

The environment has a significant impact on an individual’s behaviour, including criminal activity. As cities become more advanced and densely populated, understanding the influence of surroundings on criminal behaviour is increasingly important. Childhood experiences and the effects of gravity are among the factors that must be considered in creating effective crime prevention strategies. Humans are social animals who require other people to live happily, but the environment can affect individuals positively or negatively. Crime is a negative effect of the environment that is a menace to society. A healthy, developed, and nurturing environment raises good, responsible, and righteous citizens, while a bad environment can raise violent, careless, and criminal-minded individuals. Countries must invest in improving all types of environments to reduce high crime rates and create a safer future.

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Endnotes:

1. Crime Prevention Through Environmental Design (CPTED), (Apr. 27, 2023), ,https://menlopark.gov/Government/Departments/Police/Crime-safety-and-prevention/Crime-Prevention-Through-Environmental-Design#:~:text=Crime%20Prevention%20Through%20Environmental%20Design%20or%20CPTED%20(pronounced%20sep%2Dted,either%20encourage%20or%20discourage%20crime.
2. Waterloo Region Crime Prevention Council, (Apr. 27, 2023), http://preventingcrime.ca/wp-content/uploads/2014/08/Causes_of_Crime.pdf.

This article is authored by Sohini Chakraborty, a first-year law student at RGNUL Patiala.

S.no	Contents
1.	Introduction
2.	Types of Hazardous Wastes
3.	Legislator Framework in India
4.	Regulatory Framework in India
5.	Ineffectiveness of Law
6.	Case Laws of Hazardous Wastes
7.	Conclusion

Abstract

This article aims to present an overview of hazardous waste and types of hazardous waste. Further it explain the legislative and regulatory framework in India and after that ineffectiveness of the Law.

Introduction

Human beings always create waste materials which are produced by daily to daily life activities. Activities like washing utensils, washing the floor and sewage water.

Hazardous waste means “danger”. Hazardous waste is very dangerous for our life. Hazardous waste includes so many wastes like harmful medicines, harmful chemicals and harmful industrial waste. Hazardous waste affects our lives in so many ways our skin gets irritated, our eyes become red, breathing rate problems and hair problems create. Pesticides are also included in hazardous waste.

Hazardous waste is very toxic for us and hazardous waste creates so many diseases. Hazardous waste is created by pesticides, pharmaceuticals, and industrial and commercial areas. Hazardous waste means any material that is potentially catastrophic to the environment or human health. This type of waste includes chemicals, toxins, flammable materials, and radioactive substances. Hazardous waste can come from a variety of sources, including industrial processes, medical facilities, and households.

The proper handling and disposal of hazardous waste are crucial to prevent harm to humans and the environment. When not handled properly, hazardous waste can contaminate water, soil, and air, leading to serious health problems, including cancer, birth defects, and neurological disorders.

To reduce the amount of hazardous waste generated, it is important to implement practices such as reducing the use of hazardous materials, reusing products when possible, and recycling. In addition, it is essential to properly label and store hazardous waste and to dispose of it in a safe and environmentally friendly manner.

Types of Hazardous Wastes

There are four classifications of hazardous wastes are as follows –
F-list waste
K-list waste
P-list waste
U-list waste

F-LIST WASTE –
It is a classification of hazardous waste. It doesn’t come from a specific industry. It comes from a mix industry. We didn’t identify the industry of F-waste.

F-list waste includes –
Dioxin-bearing wastes
Wood-preserving wastes
Chlorinated aliphatic hydrocarbons
Spent solvent wastes

K-LIST WASTE –
After the F-list, we read about the k-list. K-list waste is more specific than F-list. We identify the industry of k-list waste. The k-list waste came from industrial waste.

K-list waste includes –
Organic chemicals manufacturing
Primary aluminium production
Ink formulation
Petroleum refining

P-LIST WASTE –
After the K-list waste, we read about P-list. P-list waste is highly toxic. P-list wastes are unused and they are a part of commercial chemical products. Pesticides are part of the P-list.

U-LIST WASTE –
After the U-list waste, we read about U-list, U-list waste is less toxic as compared to the list. We use U-list waste properly so they are not hazardous for us but we do not use them properly so they are hazardous for us.

Legislator Framework in India

Human beings’ duty is to protect nature for natural resources for the future. In Constitution, Part IV-A ( Article 51-A fundamental duties ) says that every human being duty to protect nature against hazardous waste and any other kind of danger. Human beings use natural resources for the future so they have a responsibility to take care the nature.
Further, Part IV (Article 48A directive principles of State Policies) says that the state also has a duty to protect nature and take proper actions to protect nature.

State and human beings have equal responsibilities to protect nature. A well-developed framework came after the UN Conference on the Human Environment (Stockholm,1972). After the Stockholm Conference, the National Council for Environmental Policy and Planning was established in 1972 inside the Department of Science and Technology to introduce a regulatory body to look after environment-related issues. Later, This Council developed into an entire Ministry of Environment and Forests and Climate Change (MoEF & CL).

The United States Environmental Protection Agency (EPA) regulates hazardous waste disposal through the Resource Conservation and Recovery Act (RCRA). This law establishes levels for the management of hazardous waste, consisting of essentials for its transportation, generation, storage, treatment, and disposal.

Businesses and organizations that generate hazardous waste must comply with RCRA regulations by obtaining permits and implementing proper waste management practices. Failure to obey these rules can result in fines and other penalties.

Regulatory Framework in India

The regulatory framework for hazardous waste varies by country, but in general, it involves a combination of national and international laws and regulations. Here are some key components of the regulatory framework for hazardous waste:

• National laws and regulations: Many countries have national laws and regulations that govern the generation, handling, transport, treatment, and disposal of hazardous waste. For example, in the United States, the Resource Conservation and Recovery Act (RCRA) sets standards for the management of hazardous waste, while in the European Union, the Waste Framework Directive provides a framework for the management of waste, including hazardous waste.
• International conventions and agreements: Several international conventions and agreements have been established to address hazardous waste on a global scale. These consist of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which monitors the current of hazardous waste between countries, and the Stockholm Convention on Persistent Organic Pollutants, which seeks to eliminate or restrict the use of persistent organic pollutants (POPs).
• Permitting and reporting requirements: Many countries require permits for facilities that generate, handle, treat, or dispose of hazardous waste. These permits may require facilities to meet certain standards for waste management and may include reporting requirements for the amount and type of waste generated.
• Enforcement mechanisms: Laws and regulations related to hazardous waste typically include enforcement mechanisms, such as fines, penalties, and criminal sanctions for non-compliance. In addition, regulatory agencies may conduct inspections and audits of facilities to ensure compliance with the regulations.
• Monitoring and tracking: Many countries have systems in place to monitor and track hazardous waste, from its generation to its final disposal. This may include the use of tracking manifests, electronic reporting systems, and inspections of waste transporters and disposal facilities.

Overall, the regulatory framework for hazardous waste is designed to protect human health and the environment by ensuring that hazardous waste is managed safely and responsibly. By implementing effective regulations and enforcing them consistently, countries can reduce the risks associated with hazardous waste and minimize its impact on the environment.

India has proper amendments about hazardous wastes are as follows –

• First Amendments Rules, 06.07.2016
  In the exercise of powers given by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 ( 29 of 1986), the Central Government hereby makes the following rules to amend the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, namely:-
  • These rules may be known as Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2016.
  • They shall come into exercise on the date of their publication in the Official Gazette.
• Second Amendments Rules, 28.02.2017
• Third Amendments Rules, 11.06.2018
• Fourth Amendments Rules, 01.03.2019
• Second Amendments Rules, 12.11.2021
• Sixth Amendments Rules, 21.07.2022

Ineffectiveness of Law

While there are laws and regulations in place to manage hazardous waste, there are still several factors that can lead to the ineffectiveness of these laws. Here are a few reasons why hazardous waste laws may be ineffective:

1. Inadequate enforcement: Even with strong regulations and penalties for non-compliance, the laws may not be effective if they are not enforced consistently and rigorously. Lack of funding, resources, and political will can all contribute to inadequate enforcement.
2. Loopholes and exemptions: Some hazardous waste laws may contain exemptions or loopholes that allow certain industries or activities to avoid compliance. For example, some laws may not apply to small businesses or may have less stringent requirements for certain types of waste.
3. Lack of transparency: In some cases, hazardous waste may be illegally dumped or transported without proper documentation or tracking. This can make it difficult to identify and hold responsible parties accountable for their actions.
4. Rapidly evolving technology and waste streams: Hazardous waste laws may not keep up with the rapid pace of technological innovation and changing waste streams. New types of waste and emerging technologies for waste management may not be adequately covered by existing laws, leaving gaps in regulation.
5. Limited international cooperation: Hazardous waste is a global problem, and effective regulation requires international cooperation and coordination. However, there may be limited cooperation between different countries and regions, leading to disparities in regulation and enforcement.

Overall, the effectiveness of hazardous waste laws depends on a range of factors, including enforcement, exemptions, transparency, technological innovation, and international cooperation. Addressing these issues can help to improve the effectiveness of hazardous waste regulation and protect human health and the environment.

Case Laws of Hazardous Wastes

• Love Canal (1970s): Love Canal was a neighbourhood in Niagara Falls, New York, where Hooker Chemical Company dumped 21,000 tons of toxic waste from the 1940s to the 1950s. In the 1970s, residents began experiencing health problems, and investigations revealed that the waste had contaminated the soil and groundwater. This led to the evacuation of the neighbourhood and the creation of the Superfund program, which provides funding for the cleanup of hazardous waste sites.
• Bhopal disaster (1984): The Bhopal disaster was a gas leak from a pesticide plant in Bhopal, India, owned by Union Carbide Corporation. The leak released toxic gas into the air, causing the deaths of over 3,000 people and injuring thousands more. The disaster highlighted the need for better safety regulations for hazardous industries and raised awareness of the environmental and human health impacts of hazardous waste.
• Koko Chemical Company (1988): Koko Chemical Company was a chemical company in Taiwan that illegally dumped hazardous waste, including PCBs, into the ocean. The waste contaminated the fish in the area, leading to a ban on fishing and a public health crisis. The company’s CEO was sentenced to life in prison, and the case led to increased scrutiny of hazardous waste management practices in Taiwan.
• Ivory Coast toxic waste dumping (2006): In 2006, a company called Trafigura chartered a ship to transport hazardous waste from Amsterdam to Ivory Coast. The waste was dumped illegally in various locations around Abidjan, the country’s largest city, leading to thousands of people reporting health problems. The incident prompted calls for stronger regulations on the transport and disposal of hazardous waste.

These cases illustrate the serious consequences that can arise from improper management and disposal of hazardous waste and highlight the importance of regulations and enforcement to protect human health and the environment.

Conclusion

Hazardous waste control by using windmills, solar energy and so many things come from nature so they produce less waste. We use natural things instead of made chemicals. Chemicals are full of toxicity. Chemicals are very dangerous for our life and animals also. Dogs and cats and so many animals are also in danger with us. Hazardous wastes are very dangerous for small children. Pregnant women and elders are also away from hazardous wastes. 

We take proper steps to get over this problem as follows – 

• We use natural things
• We don’t use plastic bags 
• Sewage waste 

In Delhi, a huge mountain is formed by waste so this is dangerous for our life. Due to this Ganga is also polluted and in festivals, we bathe in Ganga and do puja also due to the puja waste increase. Diya’s and flowers float in Ganga. We control this custom so that our future generation enjoy the fresh air and Ganga. We buy clothes so mindlessly due to this also waste is produced. We throw packets of milk, Maggi and lays in dustbin and we cannot cut properly so we cannot recycle these packets and they become waste. We mix wet waste and dry waste. We didn’t purchase clothes mindlessly and we cut the packets in a proper way so that we recycle them. 

Some clothes are not recyclable in nature so we cannot use or minimise the usage of that cloth. We didn’t mix the wet and dry waste so that waste is recyclable and that waste does not become hazardous waste. In the current scenario, waste is increasing day by day and they create threatening situations for us we cannot help us. Executive and legislative both make effective laws with sanction so that waste products is decreased. Pollution is created by waste. Pollution is also very bad for our health. 

Overall, it is important to understand the dangers associated with hazardous waste and to take steps to reduce its generation and properly manage and dispose of it. By doing so, we can protect human health and the environment for generations to come.

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Reference

1. https://cpcb.nic.in/rules/

This article is written by Varsha Goel, a 2nd-year law student at Kurukshetra University.

About CEERA

Centre for Environmental Law Education Research & Advocacy (CEERA), NLSIU, Bengaluru. National Law School of India University, established in 1997, is a Research Centre at NLSIU, headed by Prof. Dr. Sairam Bhat, Professor of Law at NLSIU. CEERA focuses on research and policy advocacy in the field of environmental law while building an environmental law database, effectively networking among all stakeholders, undertaking training and capacity development exercises, providing consultancy services, and building an environmental law community are CEERA’s main objectives.

About the Internship

• Candidates should be at least in their 3rd year of the Five-Year Integrated Law Programme.
• Candidates should have a learning curve toward Research, strong writing skills, and the ability to draft, review, edit, and proofread.
• Candidates will be made to sign a Non-Disclosure & Confidentiality Agreement for the maintenance of integrity. Indemnity will apply.
• Candidates must have a stable and strong broadband/internet connection to work remotely. (in case of online Internships).

Mode of Internship

Online/Offline

Internship Duration

Not less than 28 days, starting from March 01, 2023

Application Process

Interested candidates can write to Jaibatruka Mohanta at ceera@nls.ac.in / jaibatruka.mohanta@nls.ac.in. With the subject line: Application for Offline/Online Internship | March 2023
Mandatory Attachments: Curriculum Vitae and a sample of prior research work.

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The environment assumes a vital part in human existence as well as in the advancement of society. With developing mechanical progression and industrialization, the immaculateness of the climate has been threatened to a horrifying degree. The need to secure and further develop the climate is so convincing for the endurance of humankind and other life structures on planet Earth that the right to climate has arisen as basic liberty. Climate alludes to the regular environmental factors and conditions where we reside. Tragically, the environment has gone under genuine danger. This danger is for the most part because of human practices. These human exercises have absolutely made genuine harm to the environment. Most significant, this harm takes a chance with the endurance of living things on Earth. Subsequently, there is a pressing need to save the Environment.

For this, environment security is improving, guarding, and keeping up with the nature of the climate. The fundamental strategies for natural assurance are reusing, reusing, and lessening; be that as it may, a few different techniques like Green Energy creation, green transportation improvement, and eco-accommodating industrialization likewise exist. Inhabitants, as well as organizations and ventures, should assume their essential parts to work on the climate.

HISTORY OF ENVIRONMENTAL LAWS

Mankind has forever been worried about the climate. The antiquated Greeks were quick to foster a natural way of thinking, and they were trailed by other significant human advancements like India and China. In later times, the worry for the climate has expanded due to developing consciousness of the biological emergency. The Club of Rome, a research organization, was quick to caution the world with regards to the risks of overpopulation and contamination in its report “The Limits to Growth” (1972).

The advanced ecological development started during the 1960s when worries about the adverse consequence of people on the climate started to increment. Because of these worries, legislatures all over the world started to pass regulations to safeguard the climate. In the United States, for instance, the Environmental Protection Agency (EPA) was laid out in 1970.

The start of ‘present day’ global ecological regulation is dated 5 June 1972 which denotes the start of the United Nations Conference on the Human Environment in Stockholm. This period incorporates numerous advancements that occurred up until the 1992 United Nations Conference on Environment and Development.

STOCKHOLM CONFERENCE

It was in 1972 when interestingly nations across the world met up to distinguish and resolve natural issues at the United Nations Conference on the Human Environment in Stockholm. This occasion has had an enduring impact on the improvement of global ecological regulation. This gathering depended on the focal issue of contention between the financial turn of events and ecological insurance and it was this meeting where the idea of Sustainable Development was molded. The gathering was gone before by the Founex Meet in Switzerland where it was perceived that natural insurance and monetary improvement should go connected at the hip accordingly establishing a framework for the idea of feasible turn of events, which legislatures affirmed later at the Rio Conference on Environment and Development. At the Stockholm Conference, the Stockholm Declaration on the Human Environment was taken on which prompted further improvement of worldwide natural regulation. Because of the Stockholm Conference, nations laid out the United Nations Environment Program (UNEP) in Nairobi, Kenya which was not laid out as a United Nations specific organization.

A few significant multilateral arrangements related to the Stockholm Conference, are the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matters and the Convention for the Protection of World Cultural and Natural Heritage, in 1972, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973. These arrangements were the early support points of global ecological regulation and along with the UN Conference, set up for the improvements in worldwide natural regulation.

In the following twenty years, global natural arrangements multiplied and in excess of 1100 worldwide legitimate instruments that were in without a doubt committed to the climate. In this period, nations became skillful at haggling new arrangements in brief periods which didn’t surpass 2 months.

The global natural arrangements went into during this period began as a means of observing and revealing explicit ecological dangers and had its own, discrete office to help nations in executing the concurrence with independent conventions for the exchange of peaceful accords, including trans-limit air contamination ozone environment, and so on the time frame between 1972-1992 saw changes in the subjects and the focal point of global ecological arrangements. The extent of arrangements additionally extended from controlling trans-limit contamination to worldwide contamination issues, for example, the consumption of the ozone layer, monitoring environments, and so on.

HISTORY OF ENVIRONMENTAL LAW IN INDIA

In the course of the most recent twenty years, the Indian judiciary has cultivated a broad and inventive way to deal with environmental rights in the country. Complex matters of ecological administration have been settled and therefore a progression of inventive procedural solutions have advanced to go with this new meaningful right. The new environmental right is subsequently advocated as a legitimate pathway to expedient and modest lawful solutions.

The notional development of the right to life was perceived even without any particular reference to the infringement of this major right. However, the basic liberty culture has permeated down to the Indian human rights system within a short time frame. An interdisciplinary way to deal with environmental protection might be one more justification for the activity of the right to a healthy and clean climate. This has been attempted through global ecological agreements and shows, public administrative measures, and judicial reactions.

It has been studied in the case of environmental laws and policies, the Indian scenario is actually filled with attempts and examples in trying to preserve the environment from further degradation. Let’s look into how that protection came into being by going back to the historical background. Ancient India had always been keen and concerned in maintaining protecting the environment. But let’s look into how the British’s then passed legal regulations and actions carried out as it is what has had a huge impact on how India has turned out to be in the present age.

During the British Period, they looted India off of their natural resources, combined with a total indifference with regards to environmental protection. An overall overview of early natural resource regulation uncovers that separated from the wood’s regulations, nineteenth-century regulation likewise somewhat directed two different parts of Indian climate- water contamination and wildlife. These regulations, in any case, had a restricted reason and restricted spread in other regions. Obviously authoritative measures were taken by the British Government for fighting against contamination and for the preservation of natural resources. In spite of the fact that pundits call attention to that the British authorized these regulations, not with the object of safeguarding the climate but rather fully intending on procuring income for themselves, it ought to be viewed as the initial move towards the preservation of natural resources. Regardless of the way that these actions were made with ulterior intentions, British-sanctioned regulations have contributed essentially to the development of environmental jurisprudence in India.

Some of the laws passed during the British rule are,

• Merchant Shipping Act of 1858 dealt with the prevention of sea pollution by oil.
• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of seawater.
• The Fisheries Act, 1897
• Wild Birds and Animals Protection Act, 1912
• The Bengal Smoke Nuisance Act of 1905
• Bombay Smoke Nuisance Act of 1912

And after Independence,

• The Indian Constitution embraced in 1950 didn’t manage the subject of climate or counteraction and control of contamination all things considered.
• It was the Stockholm Declaration of 1972 that turned the consideration of the Indian Government to consider environmental protection.
• Exhaustive (exceptional) ecological regulations were established by the Central Government in India.
• Public Council for Environmental Policy and Planning was set up in 1972 which was subsequently developed into the Ministry of Environment and Forests (MoEF) in 1985.
• The Wildlife (Protection) Act, 1972, focused on the objective and present-day wildlife management, and many more.

ENVIRONMENTAL LAWS AND POLICIES IN PRESENT INDIA

Prominently, the public authority has passed different regulations to check the harm caused to the climate, for example, the Environmental Protection Act, 1986, Forest Conservation Act, 1980, Water Prevention and Control of Pollution Act, of 1974, Public Liability Insurance Act of 1889, Biological Diversity Act of 2002, and National Green Tribunal Act of 2010.

As indicated by Article 48 (A) of the Indian Constitution, the state will attempt to safeguard and work on the climate. It ought to likewise attempt to defend woodlands and the natural life of the country. As per Article 51(A) (g) of the Indian Constitution, each resident of India has a basic obligation to safeguard and further develop the indigenous habitat including backwoods, lakes, waterways, and untamed life and ought to have empathy for living animals. These are some of the rights among others like sections 253, 246, etc.

Now let’s get into how these regulations tend to have a fallback or poor implementation. One of the primary explanations behind this is that there is no autonomous administrative body for ecological administration. It is taken care of by the Ministry of Environment Forest and Climate Change (MoEF). Because of inordinate obstruction by the government on the administration of the Ministry, there is unfortunate execution of natural regulation. The politicians also lack the willingness to further push the need for effective implementation, adding on with the lack of awareness of the people.

Businesses are committed to taking authorization from the State Pollution Control Board to release effluents and cause outflows yet there is laxity in consistence because of the absence of solid punishment measures. The Comptroller and Auditor General in India in its 2011-12 report on Performance Audit of Water Pollution in India say that the punishments for the contradiction of WPCA 1974 are excessively frail. There is also a lack of funds for the Pollution Control Boards and they don’t even have proper infrastructure or laboratories. These are just some of the problems amongst many in India. And to correct these few, the following solutions are recommended. A free administrative body should be laid out. The MoEF in 2009 had proposed for a “Public Environmental Protection Authority” in its discussion paper which would go probably as a body for ‘noticing, rule, and execution’ of natural administration. Like on account of Vellore Citizen Forum versus Association of India the guideline of polluter pay rule was applied. For this situation, a Public Interest Litigation was recorded by the candidates in light of the fact that the tanneries and different enterprises were releasing untreated effluents into the River Palar in Tamil Nadu. 35,000 hectares of the farming area has become either absolutely or somewhat ill-suited for development as per Tamil Nadu Agricultural University Research Center, it was held that the enterprises need to pay the townspeople for the harm brought about by them and furthermore make up for the rebuilding of the environment.

Public awareness and an increase in the political will to help is an absolute necessity. NGOs can assume a vital part in this. Prizes should be given to businesses, associations, and so on to recognize infringement and make a move to resolve the issue. Financial endowments, cost-sharing ought to likewise be advanced. And many other steps should be taken like giving more funds to SPCP.

Actions to protect the environment are also taken by the people themselves. Many climate/environment-oriented actions have been initiated which is indeed commendable. Some of the notable movements have taken the forms of advertisements, protests, like the recent protest which was staged by the All Assam Students’ Union (AASU) and All Assam Matak Youth Students’ Union against the decision made by the National Board of Wildlife (NBWL) to allow North-Eastern Coal Fields (NEC) to do opencast mining in 98.59 hectares of Dehing-Patkai Wildlife Sanctuary in 2020, to protect the wildlife sanctuary and the vast fauna. Or the SAVE AARAY movement in 2019, mobilized by the people to go against the Mumbai Metro Rail Corporation Limited’s (MMRLC) metro 3 car-shed plan that would lead to the felling of the Aarey Colony, and the only national park that was situated outskirts the metropolis, rich in flora and fauna. This was also done to protest against the fact that many tribal communities had also been displaced by big project plans.

CONCLUSION

So, therefore, the Stockholm Conference definitely assumed a critical part in illuminating ecological corruption that has been caused around the world. Thus, the worldwide level of natural and biological issues has been improved to a particular level which the nations of the world had never envisioned ever.

The Courts in India have played a distinctive job in step by step broadening the extent of a good standard of living by applying different issues of ecological protection. Therefore, practices representing a significant danger to the climate were diminished to safeguard the person’s human right to a healthy climate. Article 21 has been dependent in plenty of cases, albeit certain cases have consolidated a more extensive point of view of the Constitution.

With contamination expanding every year and causing the crumbling of the natural habitat, it has become important to find ways to safeguard the common habitat. As we realize that the justification for this multitude of issues is people, state-run administrations should decide to limit their exercises that are actually hurting the climate. And if they are not halted direly, then, at that point, the world could see some devastating collapse and degradation before it’s too long. For instance, environmental change has been a huge issue, and this is one of the reasons for continued contamination. A good future relies upon the climate in general.

Written by Tingjin Marak, a student at Ajeenkya DY Patil University, Pune.

INTRODUCTION

Environmental law can be viewed according to two viewpoints human-centric and ecocentric, previous is human-driven, while the latter is nature-driven. Ecocentrism is a part of the thought that tracks down inherent worth in every single living organic entity. It takes a comprehensive perspective on the Earth, rather than the smaller methodology embraced by anthropocentrism.

THE INDIAN WAY TO DEAL WITH ECOCENTRISM

The Indian legal executive prior was leaned towards anthropocentrism. However, continuously, it has moved more towards ecocentrism. Isa Upanishad expounds on the antiquated Indian underlying foundations of ecocentrism. It plainly says that every one of the living and non-living life forms in this universe has a place with God alone. There ought to be an agreement between various species with nobody over the other. Individuals, in a similar way, are not better than any species. Hence, neither people nor some other species have an authentic right to infringe upon the privileges of some other species.
This way of thinking has been treated as the base for some significant worldwide shows and arrangements, similar to Convention for Conservation of Antarctic Living Resources, 1980, The Berne-Convention on Conservation of European Wildlife and Natural Habitats,1982, The Protocol to Antarctic Treaty on Environmental Protection, 1998, and so on India is a signatory to this multitude of arrangements and thus regards them. These settlements give significance to various types of verdure for their inherent worth.

INDIAN LEGAL EXECUTIVE: ANTHROPOCENTRISM TO ECOCENTRISM

It is obvious that in the changing occasions’ ecocentric approach has acquired help. Different reasons can be attributed to something very similar. The preeminent being, the information that the conservation of vegetation is the main key to the protection of humankind. All things considered, without the previous, the last option can’t exist. Besides, it has been understood that the enactments that ensure widely varied vegetation are generally conventional. A few animals groups are nearly terminated, as because of their expanding request, they have been abused. Consequently, these particular species require explicit consideration.
The legal executive of India, similar to that of most different nations, was at first more leaned towards Anthropocentrism than Ecocentrism. The Indian legal executive has after some time made an extreme shift to ecocentrism¹. The prominent change has been produced using accompanying milestone decisions:

• T.N. Godavarman Thirumulpad, 2012
  On account of T.N. Godavarman Thirumulpad, the creature is referred to as Asiatic wild Buffalo, which are found only in the western and easter ghats of India. The court while clarifying the ecocentric approach, expounded on the need for utilization of the equivalent.
• Godavarman Thirumulpad v. Association of India, 2012
  The topic of Godavarman Thirumulpad v. Association of India was the safeguarding of the imperiled types of ‘Red Sandalwood’, which is found in Andhra Pradesh. For this situation, similar to the past one, the court explained the significance of an ecocentric approach.
• A community for Environment Law, WWFI v. Association of India, 2013
  In Center for Environment Law, WWFI v. Association of India, the court stated the judgment with the use of the ecocentric standard. The court illuminated the inborn worth of every living being, albeit the case was petitioned for saving the Asiatic wild lion. This judgment was established in ecocentric standards since it gave significance to all types of creatures, particularly the individuals who were imperiled, regardless of the way that they were instrumental for human endurance or not. Putting together its judgment concerning the reports of specialists, the court held that Asiatic white lions establish an imperiled species. Keeping this into thought, the development of a second home for them to guarantee their endurance becomes vital.

Likewise, the court prescribed separate enactment be made by the parliament of India for the insurance and tirelessness of jeopardized species. It likewise requested the safeguarding of Asiatic wild lions of the Gir timberland situated in Gujarat. Headings were additionally given for the insurance of other imperiled species. This would be founded on a nature-driven and life-driven methodology, rather than a human-driven methodology. The “Species Best Standard” was to be applied from that point on. Explanations in regards to the Wildlife Protection Act, 1972 were made. It was explained that untamed life involves a wide range of vegetation, be it wild or tamed. It was likewise featured that all potential endeavors ought to be made to carry out this demonstration in letter and soul. It was additionally noticed that “Logical thinking” needs to outperform whatever other components with regards to redistribution or some other government assistance conspire for these jeopardized species.
These cases are considered achievements because these cases mean a significant change in the Indian ecological statute. Presently, the Indian legal executive gave significance to the inborn worth of all living life forms like people as crucial parts of nature. In this manner building up ecocentrism in India².

CONCLUSION

Humanity must ensure and protect nature, particularly while expanding ecological exhaustion. Subsequently, rather than regarding ourselves as unrivaled and childishly taking advantage of normal assets, we should invest in our amounts of energy to serve the climate³.

References

1. Are Indian Courts Eco-centric? www.lexquest.in. [Online] https://www.lexquest.in/are-indian-courts-eco-centric/.
2. Anthropocentric v. ecocentric approach to the environment. blog.ipleaders.in. [Online] https://blog.ipleaders.in/anthropocentric-v-ecocentric-approach-to-the-environment/.
3. The Ecosystem Approach betweenEcocentrism and Anthropocentrism. www.academia.edu. [Online] https://www.academia.edu/8004004/The_Ecosystem_Approach_between_Ecocentrism_and_Anthropocentrism.

This article is written by Sara Agrawal student at Sinhgad Law College, Pune.

The environment is very crucial for us to understand as it defines our surroundings and impacts the way we live. It consists of the air we breathe, water covering Earth’s major surface, and plants and animals that live on this planet. It is important to understand the word “environment” and realize how important it is in our daily life. Studies have shown how scientists study the way people influence each other. They have found out that the majority of us are responsible for deforestation, air pollution and climate changes, Acid rain which is dangerous to the animals as well as our health.
The government from the last few decades has been initiating and shown interest in protecting and promoting the environment by enacting Environmental laws.

Meaning of Environment

It encompasses everything of water, air, and land, as well as their interactions with humans, other living things, and objects. The environment is a multidimensional and polycentric problem that affects human existence.

• Air pollution

The gases oxygen, nitrogen, carbon dioxide, argon, and others make up air. When chemicals, particles, or biological materials are released into the atmosphere, they cause discomfort, sickness, or death in humans., along with damage to other living things such as food crops, the natural environment, or the built environment.

• Noise Pollution

Any undesired sound that disturbs environmental balance is said to as ‘noise.’ Decibels are being used to measure noise. Motor vehicles, aircraft, firecrackers, sirens, loudspeakers, and machinery are all major sources of ‘noise’.

• Land Pollution

Deforestation, the discharge of toxic compounds onto the land, the placement of filthy waste on the land, the dumping of rubbish, medical wastes, and other factors all contribute to soil pollution. Pesticide misuse is also a source of land contamination since it contaminates water.

• Solid Waste Pollution

Wastes are materials that are no longer required and, if not treated further, will become economically useless. Organic wastes, ashes, biomedical wastes, body parts of slain animals, dry or wet rubbish from domestic activities, such as plastics, metals, woods, glass, paper, detergents, industrial wastes, industrial discharges, and so on are all termed “solid wastes.”

• Food Pollution

All living things need food to get the energy they need to go about their everyday lives. The health of the customer will be harmed if the food ingested is contaminated or adulterated. The use of chemical fertilizers and pesticides at various phases of plant growth is the beginning of food pollution.

Legal Mechanism in relation to environment Protection

Environmental law is a mechanism for environmental preservation, as well as for controlling or preventing any act or omission that pollutes or threatens to damage it. An environmental legal system is a set of laws and administrative norms that govern and define people’s interactions with the environment, as well as people’s interactions with the environment itself. The Honourable Supreme Court described “Environmental Law” as a tool to protect and develop the environment, as well as to governor prevent any action that contaminates or is likely to harm the environment, in K. M. Chinnappa v. Union of India.

• The Environment Protection Act, 1986

The Bhopal Gas Disaster compelled India’s government to implement extensive environmental rules, including regulations surrounding the storage, management, and disposal of hazardous materials. The Indian Parliament passed the Environment Protection Act, 1986, based on these rules. The government established Pollution Control Boards
(PCBs) within the framework of these laws in order to prevent, control, and abate environmental pollution.

• The Noise Pollution (Regulation and Control) Rules, 2000

The Environment Protection Act of 1986, or any other regulation, made no clear provision for ‘noise pollution.’ Ambient noise levels in public locations are rising as a result of different sources such as industrial activities, generator sets, loudspeakers, and vehicle horns, among others. It was imperative that a law be enacted that would regulate and control noise-producing sounds with the goal of preserving ambient air quality requirements in terms of noise.

• The Public Liability Insurance Act, 1981

This Act intends to give quick relief to those who have been injured as a result of an accident involving a hazardous material. It states that before handling any hazardous substance, every owner must obtain one or more insurance policies that provide for insurance contracts. The goal of purchasing insurance is to ensure that compensation is provided in the event of a future accident.

What does Environmental law cover?

Pollution is the first and most apparent method that the public is aware of and engaged with environmental law. Some of the world’s first environmental laws address the preservation of our environment from toxic elements, with the goal of improving public health as a result.

• Air Pollution and Quality: This is the process of enforcing air quality regulations by monitoring what constitutes safe levels of specific pollutants produced by industrial operations, motor vehicles, and other aspects of our daily life. There are laws in place to guarantee that working conditions are safe both outside and inside. They are intended to safeguard human and environmental health.
• Even with the greatest of intentions, toxic spills and leaks can occur. Some are the product of carelessness, while others are unavoidable. Irrespective of whether a chemical leak is avoidable or unavoidable, there are laws that must be obeyed to decide what the responsible party and the cleanup team must undertake to ensure that contamination is minimized and controlled.
• Chemical safety rules strive to regulate how we utilize chemicals in any job where they are employed, from industrial manufacturing to agriculture, testing laboratories, professional cleaners, and repair garages. This includes proper chemical storage, use, safety equipment in the application, storage container types, and how (and to whom) they are purchased and sold, such as licenses, to registered firms, and so on.
• There are regulations that restrict what humans may and cannot do to and with water supplies at the local, national, and international levels. Pollutants can affect drinking water and local places, and they can also find its directly into the water system and into the oceans, potentially inflicting widespread damage.

References:

This article is written by Vidushi Joshi student at UPES, Dehradun

ABOUT

The Centre for Environmental Law, Advocacy and Research (CELAR) of National Law University and Judicial Academy, Assam (NLUJAA), is inviting scholastic submissions for Issue 37 onwards for Lex Terra (ISSN: 2455-0965), their monthly online publication (“webzine”). Since its inception, Lex Terra has published 33 issues on various debatable facets of the environment and environment-related analytical items. Several academicians, practitioners, and students have contributed to the webzine. Through Lex Terra, they endeavour to facilitate better and greater ideas to create a community of environmentally conscious individuals from the legal and non-legal fraternity. Detailed submission guidelines can be found below.

About submissions

Lex Terra is committed to free and open access to all academic research. No publication fees will be charged to authors at any stage of the review. In addition, no subscription costs will be charged to readers. Accepted manuscripts shall be published online and can be freely accessed through the official website of National Law University and Judicial Academy, Assam.

Theme

Themes are related to environmental law and policy research

Sub-themes (include but are not limited to)

• Climate Change Law and Policy
• Sustainable Development
• Natural Resource Management Law
• Waste Management
• Biodiversity Management
• Energy Law
• Forest Laws
• Animal Rights
• Agricultural Laws
• Environment Impact Assessment
• Ecological Restoration
• Ecofeminism
• Coastal Regulation
• Global Commons
• Environment Business and Human Rights
• Ecosystem Services
• Environmental Ethics
• Environmental Economics
• Pollution Control

For submission guidelines visit-

https://drive.google.com/file/d/1dF4IAvfXuji_UM7B5J5vbK_tl7qlFbFk/view

Submission Link

https://docs.google.com/forms/d/e/1FAIpQLSc1Md8FmZdtM37zh51BUetW0_UcgLZcAU7QTx1rFqjlC21E_w/viewform

(Manuscripts submitted through mail aren’t considered)

For More details mail at:

celar@nluassam.ac.in

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WK

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

The present article has been written by Aanya Gupta pursuing BBA LLB from Vivekananda Institute Of
Professional Studies, GGSIPU, New Delhi.

Introduction

“Environment” is a very comprehensive term. It includes several phenomena in its scope. This is a dynamic term that can be used to describe a limited area on one side and the entire planet on the other. The term environment can have different meanings. Different countries and international legal instruments have multiple definitions of this term. Broadly speaking, the environment includes the external conditions, resources, and stimuli with which organisms interact. The preamble of the “United Nations Declaration on the Human Environment” adopted in Stockholm in June 1972 stated:

 “Man is both the creator and shaper of the environment. The environment gives him material substance and gives him intellectual, moral, social and spiritual growth. “.  

 The environment is threatened by various sources of damage, mainly man-made damage. To solve this problem, we must develop strategies to change human behavior and turn it into environmentally friendly practices, away from practices that damage the environment. Broadly speaking, technologies that change human behavior can be divided into two categories: incentives and inhibitions. The law is important because it creates a framework in which incentives and restrictions can play a role. The law is everywhere. Other methods of influencing human behavior are voluntary or optional to some extent. Education, morality, peer and family pressure – all apply to varying degrees. On the other hand, the law cannot be easily circumvented. The law in society applies equally to everyone at all times. This is the axiom of the “rule of law.”

What Is Environmental Law?

Humanity knows a much longer environment than the law to protect the environment. The Environmental Law, or known as methods of environmental and natural resources, explains the regulatory laws, laws and regulations, regional and international laws, protect the environment from harming and explain the legal impact of such damage to the government, is a term Used to explain the treaty.  As described in the next section, it covers many areas. However, the term “environmental law” is not only covering government law. In addition, by creating a regulation of business licenses and industry standards, companies and other organizations, and their regulators can also work to improve ethical principles.  These are not the “law” but the regulatory framework. It also applies land management methods for a type of understanding of responsibility and ethical action. 

Similarly, the impact assessment is not necessarily required, but it can be rejected if development, construction, modification, engineer, or engineer is not carried out. These are not laws made for the environment and the local population, but any regulation. For various reasons, the environmental law was always the nostalgic point of controversy. The heart of the discussion, the need for such regulations, the attractive friction of government regulations and encouraging the carrier of the market, and making things appropriate for all, and the attractive friction of all. For example, continuous discussions on the effects of specific pesticides in agriculture, greenhouse gas emissions are avoiding recoil legislation in the battle between science and full clay-mud government. The opposite of the discussion means that the regulation and the current law of the industry are insufficient. Both sides have a meeting to discuss the aspects of environmental law, and they have how they should change how they have changed their favorably. 

In the way we are looking at it, environmental law affects the importance of saving individual health, commercial activities, geographical sustainability, geographical sustainability, and future generations and economies.   

When Environmental Laws Were Made?

Some environmental protection laws existed even before the independence of India. However, the real push to implement a robust framework only emerged after the United Nations Conference on the Human Environment (Stockholm, 1972). After the Stockholm Conference, the National Committee for Environmental Policy and Planning was established in the Ministry of Science and Technology in 1972 to establish a regulatory body to deal with environmental issues. Subsequently, the committee evolved into a mature Ministry of Environment and Forests (MoEF). 

MoEF was established in 1985 and is now the highest administrative body in the country to oversee and ensure environmental protection and formulate a legal and regulatory framework for it. Since the 1970s, various environmental laws have been promulgated. MoEF and the Pollution Control Committee (“CPCB”, meaning the Central Pollution Control Committee and “SPCBs”, meaning the National Pollution Control Committee) together constitute the core regulatory and administrative department.

Some of the important legislations for environmental protection are as follows:

1)The National Green Tribunal Act, 2010

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

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

4)The Environment Protection Act, 1986

5)The Hazardous Waste Management Regulations, etc.

WHY ARE ENVIRONMENTAL LAWS ARE IMPORTANT?

1) For Health of Current Generations

Medical care is an expensive business, regardless of where it is around the world. During the oldest environmental protection in the world, it is designed to take into account human health. Even today, people who live in the largest area tend to suffer more health problems.  It is important to clean environmental air, water, and other aspects to improve your health.

2)For Health of Future Generations

We do not have the good health system of the current generation that we should worry about. Our children and their children, etc., sometimes have an increase in the costs of health, and which leads to a larger case of some situations. Even in countries with social health care, health problems and the cost of carrying out a health system continue to increase. In addition, maintaining an additional generation of expenses is the mission of certain environmental health laws to cause more papers and healthier relaxation problems to guarantee the environment.  We are also analyzing new adventive diseases in areas where there have never been cases of existing but controlled, but controlled cases of existing but controlled diseases. It is believed that some of the reasons are an ecological and natural environment that promotes the replication of viruses or the seeds responsible for the duplication of viruses and mosquitoes.

3)Maintaining Resources and Lifestyle

Many methods to maintain resources and lifestyle, environmental laws are a form of future insurance contracts, such as food safety and water, the protection of resources, energy, and ecological equilibrium. Fossil fuel is an exhausted resource, and many metals are finite but may have a potential century.  The rights of fishing are one of these problems. In many areas of the world, not only can they harm our supply of food and industry, but can also be confused with the ecological balance of the sea. That is why many countries agreed to fish quotas.

4)For Ecology

Food chains, water cycles, the security of our resources depends on what environment is protected by any environment. Exhaustion and elimination of resources, such as the introduction of invasive species, maintaining damage emissions, etc., and environments can cause long-term problems. We have already raised the depletion of the ice cover and the maritime levels. The dilution of our sea salt can affect the ecological balance of the sea. It also knows that jet streams and vibrations can change with carbon in the atmosphere, resulting in changes in the long-term unstable climate that can cause imbalances elsewhere. Global ecology is a network that exceeds national benefits and borders.    

What Is Sustainable Development?

The principle of sustainable development is developed based on the basic assumption of the coexistence of two opposed concepts (ie development and environment). But from a practical point of view, the ecological, economic, and social aspects of sustainability are inseparable. As William Rees pointed out, the maintenance of ecological integrity must take precedence over the realization of human social and economic needs. Therefore, there must be an intersection between ecological and economic factors in the development process. The principle of sustainable development emphasizes two basic needs: one is the need for social and economic development and the other is the need to limit the capacity of the environment to respond to current and future needs.

Sustainable Development Goals

The objectives of Sustainable Development suppress poverty and pollution in 2015, thus protecting the planet, protecting the planet, providing peace and prosperity for the emergence. It is established in a plan to become a blue photo towards a better sustainable future. The three main objectives of sustainable development objectives are

 1) economic growth.

 2) Protection of the environment. 

3) Social inclusion.   

 Sustainable development objectives have been successful in the content and thousands of applicable development objectives. The previous objective was criticized that it was too narrow in a surface implementation if it is too narrow in implementation. A thousand-year development objective focused on the development of each country and supporting the development of other countries. A recently increasing sustainable development objective was much more in context, providing more complete perspectives and frameworks for development according to the country’s relationship. They are applied more worldwide, resulting in the largest UN program, which provided the company’s foundation.   

Conclusion

Undeniably, adhering to sustainable development goals is the need of the hour. It is time that each one of us adopts an ‘energy-efficient and green’ mindset and uses the natural resources available equitably, judiciously, and save them for our future generations, as the best way to predict the future is to create it.

Hence, India needs to hustle towards the attainment of its sustainable development goals through proper planning, coordination, and implementation of practices and policies which aid in the formation and maintenance of a self-sustainable and developed country.

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The present article is written by Priyanka Choudhary, currently pursuing BALLB from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

FIELDS OF LAW

The legal line of work is widely mistaken for being limited to courtroom appearances and defending criminals. Actually, the bar encompasses a huge subject pool and areas of practice. Sometimes, lawyers began their careers in one field, only to diversify to try something different in their later years. This will be because that field was the chance that was most readily available to them after school of law or thanks to a conscious decision to maneuver faraway from a field of the law.

However, few lawyers know which field is suitable for them from the very beginning of their legal career. This text aims to explain the various fields of law that you simply will study in school of law and may take up as a career path.

CONSTITUTIONAL LAW

The Constitution is deemed to be the supreme law of the country. It governs the affairs of the country and involves rights and duties of the govt. also as its citizens. The study of the Constitution is one of the foremost important subjects in school of law. The practice of constitutional law is one among the foremost lucrative areas of the law in India. Most top lawyers in India are going to be constitutional experts thanks to years of practice and knowledge. Almost like the practice of human rights law, the constitution may be a vast area of the law and may have many cases and jurisprudence to stay track of. These cases require you to access the High Courts and Supreme Court as a number of these issues are often of great significance to the justice system. Most landmark judgments in India will have a constitutional law aspect built into them somewhere.

CORPORATE LAW

The field of corporate law deals with rules concerning the facilitation and management of the business. A company lawyer can advise on an agreement, write up a contract, or negotiate clauses on behalf of a client. Corporate lawyers don’t attend court, but rather advise clients from the comfort of their office. An understanding of the Business Act, 2013, and therefore the Indian Contract Act, 1872, is a must. This is often one of the foremost lucrative areas of practice in recent years, with young graduates flocking to prestigious law firms to practice corporate law due to the attractive pay packages. Life as a company lawyer will involve very long hours. However, a robust understanding of corporate law can make sure you can work for several different types of clients like companies, start-ups, banks, etc.

CRIMINAL LAW

This is a neighborhood of the law that’s often considered the foremost interesting and involves defending criminals or advocating for the innocent in cases of murder, rape, theft, etc. legal code requires an understanding of court procedures, police investigations, and therefore the Indian legal code, 1860. Typically, lawyers who enjoy court-facing lawyers practice legal code. Most law aspirants, dream of practicing within the courtroom as criminal lawyers thanks to the sector being intriguing and interesting. One will see that there’s a bent to avoid practicing legal code in India thanks to questions of safety and low pay, as compared to salaries in law firms at the beginning of your career. However, the amount of legal code cases is on the increase, and practice within the field pays well as you progress ahead in your career if you’re a first-generation lawyer. The foremost successful and well-known lawyers in India are criminal lawyers.

EMPLOYMENT LAW

Employment law concerns the rights & duties of employer and employee. Employment lawyers often fight cases to either defend compliance with the labor laws or absolve their clients of requirements prescribed by such legislation. Employment lawyers will also review employment agreements and assist with the termination of employees. They’ll also represent a private employee, employee unions, and other interest groups. While employment law in other parts of the planet is usually a really specialized area of practice, in India it’s not uncommon to ascertain employment law being clubbed alongside corporate law, with one legal team advising on both areas of the law. Employment law is one of the more exciting areas of the law because it has got to do with tons of people-centric issues (hiring, firing, onboarding, health and safety of workers, etc.), and therefore the Indian government has recently made it easier to practice employment law by harmonizing multiple legislations into singular codes of practice.

ENVIRONMENTAL LAW

The practice of environmental law in India may be a growing area of the law. It deals with laws concerning air, water, wildlife, biological preservation, and environmental protection. With the recent creation of the National Green Tribunal, there are more environmental law cases being litigated and corporations are taking environmental compliance more seriously also. Environmental issues affecting many of us often have an underlying constitutional aspect. Being an environmental lawyer also can allow you to figure more easily for international organizations like the WWF-India or government departments. Thus, the practice of environmental law can allow you to figure during a sort of settings that are different from the traditional firm or lawyer’s office.

FAMILY LAW

Family law concerns personal laws, which affect the personal relationships of citizens. Family lawyers are involved in divorce cases, cases involving custody of youngsters, also as property law. In India, family lawyers need to affect a variety of legislations, which may include even complex laws governed by one’s religion (Hindu laws, Muslim laws, etc.). Family lawyers often affect cases that will be very emotionally difficult, because the issues in family law affect families and young children.

HUMAN RIGHTS LAW

Human rights lawyers advocate on behalf of victims who have violated their rights. In India, the practice of human rights law is often long and arduous together tries to urge their day in court – however, this will even be one among the more satisfying areas of the law as often there’s a vulnerable party at one end who needs legal advice, also because of the relief. To be an honest human rights lawyer, one must remember basic rights that are enshrined within the Indian Constitution. One can also see human rights principles as reflected in procedural laws in India, as the Code of Criminal Procedure.

INTELLECTUAL PROPERTY LAW

Intellectual Property law deals with securing and protecting legal rights concerning innovation, discoveries, and creations. The law seeks to guard the property rights of authors, inventors, artists, and businesses. A property lawyer will often advise on issues regarding the interpretation of statutes about patents, copyrights, or trademarks. Property law is one area that has grown significantly in recent years, with the increase of the media and show business. The work includes registering property, drafting legal notices, and actions associated with enforcing a breach of agreements. Being a property lawyer can keep you closer to business than other areas of the law, with many lucrative opportunities in companies like Netflix and Dharma Productions. Property law is taken into account by many to be one of the foremost exciting areas of practice for a lawyer today.

PROPERTY LAW

Property law deals with the laws regarding the transfer and inheritance of property. The practice of property law is a remunerative area of the law and may have some overlap with family law when families litigate disputed household properties. However, property lawyers also can be involved in land transactions, like people who concern the main construction projects that are prevalent in a developing country like India. The practice of property law also can include the review of tenancy contracts and rent agreements, which are straightforward and routine within the Indian system.

SECURITIES LAW

Securities law is a neighborhood of the law that has greatly expanded within the last 20 years. It focuses on the principles concerning investment and therefore the financial sector. With the expansion of fintech operators in India and an expansion of the Indian economic system, legal issues concerning them are getting increasingly common. Typically, one will find the large law firms in India with great law practice groups. A person should be well versed with the rules issued by the Securities and Exchange Board of India (SEBI).

The school of law journey is meant to offer law students a favor for these areas of law in order that a typical law graduate has minimal competence altogether of them. A student can then decide which area they need to specialize in and pursue upon graduation.

TAX LAW

Tax lawyers advise on the interpretation of provisions of the tax Act 1961 and may be expected to fight cases on behalf of clients in special tax courts. Law requires an intricate understanding of complex laws and maybe one among the foremost difficult areas of the law to master. However, each case is usually very unique, unlike other practice areas which will involve a repetition of issues and use of templates. There’s also an undersupply of lawyers during this domain, and therefore the competition isn’t as great because it is in other practice areas. Very similar to other countries, in India, the law is taken into account to be a distinct segment area of practice.

BIBLIOGRAPHY

1. Discover Law, https://www.discoverlaw.in/fields-of-law.
2. The Lawyer Portal, https://www.thelawyerportal.com/free-guides/areas-legal-practice/.
3. Picking Your Area of Law, https://www.enjuris.com/students/types-of-law-careers.html.
4. 16 Top Areas of Law, https://www.michaelpage.com/advice/career-advice/job-search-advice/16-top-areas-law.

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