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Jain, Suresh. "Environmental Law in India." Indian Journal of Public Administration 31, no. 2 (April 1985): 424–30. http://dx.doi.org/10.1177/0019556119850214.
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Chadah, Sapna. "Environmental Law in India." Indian Journal of Public Administration 51, no. 2 (April 2005): 296–98. http://dx.doi.org/10.1177/0019556120050210.
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Rustomjee, Shiraz. "Global Environmental Law and India*." International Journal of Legal Information 36, no. 2 (2008): 342–50. http://dx.doi.org/10.1017/s0731126500003115.
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Sivaramakrishnan, K. "Environment, Law, and Democracy in India." Journal of Asian Studies 70, no. 4 (November 2011): 905–28. http://dx.doi.org/10.1017/s0021911811001719.
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Some years ago, in his contribution to a collection of essays on the Supreme Court and the Indian Constitution, Pratap Bhanu Mehta emphasized the political significance of the Court, saying, “there is not a single important issue of political life in India that has not been, by accident or design, profoundly shaped by its interventions … the courts participate and collaborate in governing India” (Mehta 2006, 162). How exactly might this happen? In beginning to explore answers to this question, I want to focus on the formation of a distinct environmental jurisprudence and its relationship to the changing and dynamic qualities of a democratic polity in India. And in formulating my analysis I draw here on my current work on courts and the environment in India or how the environment came to be a legal object in India over the last century.
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Dr. Ram Charan Meena. "International Treaties And Law Of Environment In India: An Overview." Research Ambition: An International Multidisciplinary e-Journal 6, no. II (August 21, 2021): 27–35. http://dx.doi.org/10.53724/ambition/v6n2.05.
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To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and internationally. Under the structure of the Indian Constitution, a number of Articles are enumerated in which environmental duties to preserve the natural resources of the country have been stated like Articles 48–A and 51–A[g]. Additionally, the Constitution also provides procedures in Articles 252 and 253 for adopting national legislations in regard to the needs of the States. The constitutional mandates and other environmental laws or regulations in India effective, successful and urgent need to streamline enforcement. The creative and innovative role of Indian Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. In this research paper, an effort has been made to momentarily outline the various Indian legislations and international treaties relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement, scope and limit of these legislations has also been critically examined and evaluated in systematically manner. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.
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Jani, Aditi, and Mayuri Pandya. "AN ANALYSIS OF LAWS REGARDING CLIMATE CHANGE: A TRANSNATIONAL LAW PERSPECTIVE." VIDYA - A JOURNAL OF GUJARAT UNIVERSITY 1, no. 1 (June 30, 2022): 54–59. http://dx.doi.org/10.47413/vidya.v1i1.85.
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“In spite of a lack of environmental care in the Indian Constitution, India has established a number of important environmental legislation since its independence, despite the lack of environmental concern in the Indian Constitution. However, environmental legislation in India is being developed piecemeal and in response to specific events that have occurred. In the development of Indian environmental legislation, these may be found. The 1972 United Nations Conference on the Human Environment in Stockholm paved the way for future environmental and climate change legislation. On that basis, the Indian parliament adopted many laws and placed environmental measures in the Constitution, such as Articles 48 A and 51 A. (g). Climate change is now having a subtle but profound effect on Indian society. There has been recent progress toward passing a climate change bill under the country's current legislation, while at the UN Lima summit, member nations agreed on cutting Earth-warming greenhouse gas emissions. This year, on the 147th anniversary of Mahatma Gandhi's birth on October 2, 2016, India approved the National Determined Contribution (NDC). Basic climate change law features are explained in this article, with an emphasis on those topics that are likely to be essential for some time to come and on main drivers of climate change law development. Environmental, energy, corporate, and international law all play a role in the development of the evolving climate change legislation. Any attempt to combat climate change raises questions regarding the correct role and relationship of state and federal governments. What follows will serve as a basic overview of an increasingly complicated and dynamic field.”
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Anjinappa, Gopala. "Rule of Law." International Journal of Asian Business and Information Management 6, no. 1 (January 2015): 38–50. http://dx.doi.org/10.4018/ijabim.2015010103.
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The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).
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Ashish Verma. "Law Of Environment In India: Problems And Challenges In Its Enforcement." Research Ambition: An International Multidisciplinary e-Journal 6, no. II (August 20, 2021): 17–26. http://dx.doi.org/10.53724/ambition/v6n2.04.
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There is no deficiency of available legislations on environmental protection in India but enforcement of these legislations has been far from satisfactory. There is urgent need for the effective, successful and well–organized enforcement of the Constitutional mandate and other environmental legislations or laws in India. The creative and innovative role of India Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. Pursuant to the provisions contained in Articles 48–A and 51–A[h] of the Indian Constitution, various Public Interest Litigations have been instituted in the Supreme Court against several industries for failing to provide sufficient pollution control and also against Pollution Control Boards to direct them to take proper measures to ensure pollution control in Indian perspective. For the purpose of effective, successful and well–organized enforcement of these legislations, it is required to set up an Adjucatory Body in each State in India, which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.
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Chauhan, Devshree. "ANALYSIS OF SOCIAL WELFARE LEGISLATION ON ENVIRONMENTAL LAW." Dogo Rangsang Research Journal 12, no. 09 (2022): 106–10. http://dx.doi.org/10.36893/drsr.2022.v12i10n02.106-110.
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With a population of more than 1.3 billion, India is a lower middle-income nation. Although the country has made significant progress in improving overall economic outcomes, productivity levels are still comparatively low. India's industrial sector has a lower labour productivity than China, Russia, South Africa, Malaysia, and Brazil. India was placed 68th out of 140 nations in the 2019 World Economic Forum (WEF) Global Competitiveness Report. This is largely a result of the nation failing to keep up with other nations that are ranked similarly. In categories like ICT adoption, skill base, product market efficiency, and trade openness, India has substantial deficiencies in several of the fundamental enablers of competitiveness. Some new issues, such as uneven governance consequences, significant variations in economic growth, and social welfare inequalities, are emerging with the adoption of regulatory regulations. Theoretical justifications for the aforementioned occurrences are required in order to encourage the sustainable growth of the economy and the environment. Consequently, this Article develops a theoretical model of the impacts of social well being.
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Davis, Benjamin M. "Indian feminisms: law, patriarchies and violence in India." Culture, Health & Sexuality 12, no. 6 (August 2010): 721–23. http://dx.doi.org/10.1080/13691058.2010.488897.
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HEGDE, V. G. "Indian Courts and International Law." Leiden Journal of International Law 23, no. 1 (February 2, 2010): 53–77. http://dx.doi.org/10.1017/s0922156509990331.
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AbstractThe approach of Indian courts towards international law has been consistently evolving. Initially, the Indian constitutional framework provided a flexible basis for the application and use of international law, the reasons for which could be seen in the socio-political context of India as a developing country. India, for its part, continued to argue that it remained essentially at the periphery of the mainstream international law, as it had no role in formulating some of the basic principles of international law. For the Indian courts the first substantive encounter with international law emerges in the context of several territorial-related issues. The socio-political context forms the next phase, for the Indian courts to have recourse to diverse international legal norms relating to the environment and human rights and applying them as a persuasive tool. Later, the development context brings a complex array of commercial, environmental, and other related international legal norms into the Indian legal system. For Indian courts, in the present context, the correct sourcing and identification of international legal norms and their application remain a huge challenge. The majority of the legal systems of developing countries for varied historical reasons continue to treat international law as an exotic legal tool to be used sparingly, perhaps only to broaden the interpretation of or sustain a comparable domestic legal norm.
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Jamalpuria, Aditi. "Environmental Regulatory Efficacy in India: An Inter-State Comparison." Journal of Environmental Assessment Policy and Management 19, no. 03 (September 2017): 1750016. http://dx.doi.org/10.1142/s1464333217500168.
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In India industrial pollution is regulated at two levels: the centre and the state. This two tier regulatory structure results in a difference in the efficacy of environmental regulation among the Indian states. Literature exploring the policy debate around the inter-state efficacy of the environmental regulation in India, however, is sparse. This paper utilises principal component analysis to construct an environmental regulatory efficacy index to show an inter-state disparity in the efficacy of environmental regulation in India. It develops an environmental regulatory policy model to categorise the existing Indian regulatory strategies to control industrial pollution. Findings of the environmental regulatory efficacy index are matched with the environmental regulatory policy model to show that a proactive regulatory strategy improves the efficacy of environmental regulation. Policy discussion recommends the need to integrate the environmental policy with the economic policy and suggests diligent utilisation of funds to improve the efficacy of environmental regulation.
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Danylenko, B. "THE VEDIC CULTURE AS THE SOURCE OF UKRAINIAN LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 20–29. http://dx.doi.org/10.17721/1728-2195/2021/4.119-5.
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The aim of this article is to determine the influence of vedic culture on the development of Ukrainian law. The paper utilises the elements comparative study of law, linguistics, and deductive methods. The vedic culture was rediscovered by Englishmen, when they conquered India. The colonialists discovered, that in this remote Asian country vedic culture was preserved and dominated local people. On the basis of sacred books – Vedas – the complicated system of law was developed. It was fixed in written form in so called Dharma-shastras or Dharma-shustras. The colonial administration had to study Indian law to fulfill its duties. But for European people it was hard to understand its key concept – dharma. Dharma is a very complicated concept, that demonstrates high level of philosophic and legal thought. The indian vedic priests affirmed, that Vedas contain the whole vedic law and can not be changed. That is why the legal custom and law doctrine developed in India. This peculiarity is common for Vedic law and Islamic law. Islam appeared thousands years after Vedas were written. One of the founders of Islamic Law descended from vedic culture. So the author makes the conclusion, that Islamic Law borrowed its concept of interpretation of sacred texts from vedic culture. In XIX century linguistical studies of European scientists revealed the unexpected proximity of Indian and European languages and cultures. So scientists invented the term "indo-european". But historical science ignored the results of linguistical studies and localized vedical culture only in India. Linguistical, archeological and written data show, that vedic culture, believes and law dominated on the territory of Ukraine for many thousands of years. Rus people (now called the Ukrainians) worshiped vedic gods and had their own Vedas. But Vedas were stolen by Ortodox Christian Church. This history is known thanks to "The Book of Veles", written by Rus (Ukrainian) vedic priests in IX century. Modern Ukrainian linguists show the parallels between sanscrit, hindi and Ukrainian words about state and law. In XIX century many monuments with inscriptions were found in Crimea, that revealed the vedic origins of Europe. Most of them were taken by Russians and Englishmen and now are kept in Russian and British museums. One of them directly indicates on usage of Dharma-shastras in Crimea in III century A.D. The Vedas is the most ancient source of Ukrainian law. It is the basis of its development.
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Lau, Martin. "The Scope and the Limits of Environmental Law in India." Review of European Community and International Environmental Law 4, no. 1 (March 1995): 15–21. http://dx.doi.org/10.1111/j.1467-9388.1995.tb00191.x.
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Chatterjee, Aniket. "A study on the Indian judiciary's contribution in achieving Sustainable Development Goals." International Journal of Management and Development Studies 11, no. 04 (April 30, 2022): 08–13. http://dx.doi.org/10.53983/ijmds.v11n04.002.
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In point of fact, the developing environmental jurisprudence in India has depended on three distinct but interrelated components. To begin, it exemplifies the new constitutional law logic in India, which now unequivocally places a higher priority on addressing the concerns of the general public than it does on guarding individual rights. Second, it represents some parts of Indian legal culture via an implicit and explicit reliance on autochthonous values that are founded on old, pre-colonial indigenous beliefs and concepts of law. These values are reflected in the constitution. Thirdly, it is a testament to the exceptionally active role that the higher Indian Judiciary has played in pushing this new logic, which is borne out by this evidence. The function of higher judiciary in the recent evolution of Indian environmental jurisprudence may be characterised by these three components that are interrelated with one another.
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Ravi Rajan, S. "Environmental Justice in India." Environmental Justice 7, no. 5 (October 2014): 115–16. http://dx.doi.org/10.1089/env.2014.7502.
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Kamthan, Dr Manika. "Rule of Law and Natural Disasters in India." Think India 22, no. 3 (September 5, 2019): 158–72. http://dx.doi.org/10.26643/think-india.v22i3.8105.
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In India, Kerala witnessed the worst floods of all times in 2018. It left 483 people dead and the destruction caused was more than the annual outlay of Kerala (Economic Times:2018). It left people devastated and scarred for life. Natural disasters of such magnitude violate the principle of “inter-generational equity”. The genesis of sustainable development can be traced back to the principle of “rule of law”. It is based on the fundamental requisite of equality and absence of arbitrary powers. Environmental degradation violates rule of law because it exposes people to risk of natural disasters. Rule of Law is the harbinger of environmental governance. Secretary General of UN defined rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards” (UNEP: 2015). It also forms the bulwark of SDGs. The 13th SDG of “Climate Action” aims to help the vulnerable countries to adapt to climate change and how disaster risk measures can be integrated into the national strategies (UNDP).Natural disasters not only result in the loss of life and property, it also brings forth the social and economic inequalities exiting in the society. In India various vulnerabilities like caste, gender, poverty are aggravated in the wake of disasters. This calls for the integration of rule of law in disaster management. The violation of environmental laws has the potential to undermine sustainable development which hampers ‘rule of law’. In the proposed paper we try to critically evaluate the upcoming idea of environmental rule of law and appraise its evolution and application in the larger framework of Disaster Law in India.
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KHODAY, KISHAN, and USHA NATARAJAN. "Fairness and International Environmental Law from Below: Social Movements and Legal Transformation in India." Leiden Journal of International Law 25, no. 2 (May 2, 2012): 415–41. http://dx.doi.org/10.1017/s0922156512000118.
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AbstractThis article considers fairness in international environmental law (IEL) in light of the convergence of two contemporary phenomena: the rise of social movements and the increasing power of large developing countries. These two trends will be determinative for the future of IEL. They have brought issues of fairness, equity, and justice to the forefront of contemporary IEL debates. Despite inability to adequately address issues of fairness at the international level, as demonstrated by negotiating gridlock at international summits, IEL can evolve in more equitable directions through the influence of subaltern experiences. This article examines domestic law-reform efforts of Indian social movements, focusing particularly on indigenous movements responding to extractive industries, with a view to determining international implications. The way states such as India address environment-related conflict, respond to demands for fairness, and evolve domestic understandings of inclusive and sustainable law and development will increasingly shape IEL.
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James, George Alfred. "The Construction of India in Some Recent Environmental Philosophy." Worldviews: Global Religions, Culture, and Ecology 2, no. 1 (1998): 3–20. http://dx.doi.org/10.1163/156853598x00028.
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AbstractI argue that from its beginning environmental philosophy has held two contrasting views of Eastern thought and of Indian philosophical and religious ideas in particular. Utilising the insights of Edward Said and others I find that these contrasting images are reflective of a duality according to which India has been constituted in Western discourse. I argue that these Western images of India remain a significant feature of writing concerning environmental ethics to the present time. As it appears in some recent scholarship in environmental ethics, this discourse remains an obstacle to an informed appreciation of the significance of Indian thought and of Asian thought more generally for environmental philosophy.
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Rege, Aunshul, and Anita Lavorgna. "Organization, operations, and success of environmental organized crime in Italy and India: A comparative analysis." European Journal of Criminology 14, no. 2 (July 24, 2016): 160–82. http://dx.doi.org/10.1177/1477370816649627.
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Despite the devastating short- and long-term consequences of resource-related environmental crimes, rampant illegal soil and sand mining continues worldwide. In countries such as India and Italy, organized crime groups have emerged as prominent illegal suppliers of soil and sand. The proposed study focuses on an understudied research area at the intersection between organized crime and environmental crimes, and offers a trans-comparative study of illegal soil and sand mining conducted by Indian and Italian organized crime groups with two main objectives. First, a comparative analysis of the organizational mechanisms, operational practices, threat management, and supporting cultural, regulatory, and policing factors is conducted. Second, a discussion of how these groups reflect mainstream models and theories of organized crime is offered.
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Chaturvedi, Eeshan. "Climate Change Litigation: Indian Perspective." German Law Journal 22, no. 8 (December 2021): 1459–70. http://dx.doi.org/10.1017/glj.2021.85.
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AbstractThis article covers the recent trends in climate change litigation in India, capturing the peculiarities of the Indian judicial system that lend it the will, ability, and credibility to accommodate emerging principles of climate change laws within the law of the land. While tracing the historical underpinnings of judicial activism, environmental considerations, and strength of democratic institutions, this Article discusses some of the current developments in climate change case law in the country. Finally, in showcasing an increasing and immersive trend towards the inculcation of international principles of environmental law, this article establishes the dichotomy between an active judicial system applying international environmental principles at the domestic level and the roadblocks in terms of climate litigation in the recent times.
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Agoramoorthy, Govindasamy, and J. Hsu Minna. "India's homosexual discrimination and health consequences." Revista de Saúde Pública 41, no. 4 (August 2007): 657–60. http://dx.doi.org/10.1590/s0034-89102006005000036.
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A large number of countries worldwide have legalized homosexual rights. But for 147 years, since when India was a British colony, Section 377 of the Indian Penal Code defines homosexuality as a crime, punishable by imprisonment. This outdated law violates the fundamental rights of homosexuals in India. Despite the fact that literature drawn from Hindu, Buddhist, Muslim, and modern fiction testify to the presence of same-sex love in various forms, homosexuality is still considered a taboo subject in India, by both the society and the government. In the present article, the continuation of the outdated colonial-era homosexuality law and its impact on the underprivileged homosexual society in India is discussed, as well as consequences to this group's health in relation to HIV infection.
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Ghosh, Shibani. "Litigating Climate Claims in India." AJIL Unbound 114 (2020): 45–50. http://dx.doi.org/10.1017/aju.2020.5.
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Jacqueline Peel and Jolene Lin's informative assessment of climate litigation in the Global South is a vital and timely contribution to the growing literature on the issue. It relies on a definition of climate litigation that allows the authors to draw on a much larger set of cases from the Global South by including cases in which climate concerns are “at the periphery.” This essay examines climate litigation in India. Although the term “global warming” started appearing in Indian environmental judgments in the 1990s, climate litigation in India is of relatively recent provenance, and with a few exceptions, climate concerns are peripheral to other, more mainstream environmental issues. Peel and Lin analyze five Indian cases as part of their Global South docket; I expand this set by including fourteen more cases that I believe fit their article's chosen definitional ambit. I classify these cases into four categories based on the use of climate language—reference to climate change, greenhouse gas (GHG) emissions, or the international negotiations—in the courts’ judgment. Drawing from case law analysis and Indian environmental litigation, I make observations about what we can interpret from the current set of climate cases, and I predict that while conditions are favorable for climate litigation in India to grow, in the near future climate claims are likely to remain peripheral issues.
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Abraham, C. M., and Sushila Abraham. "The Bhopal Case and the Development of Environmental Law in India." International and Comparative Law Quarterly 40, no. 2 (April 1991): 334–65. http://dx.doi.org/10.1093/iclqaj/40.2.334.
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Singh, Ajay Kumar, and Nalnish Chandr Singha. "ENVIRONMENTAL IMPACT OF NUCLEAR POWER: LAW AND POLICY MEASURES IN INDIA." Humanities & Social Sciences Reviews 4, no. 2 (November 20, 2016): 88. http://dx.doi.org/10.18510/hssr.2016.424.
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Healthy and clean environment is a fundamental right in India, simultaneously in modern time energy requirements are increasing. It is required that dependency on traditional source of energy should be decreased because of environmental and other reasons. Nuclear energy undoubtedly a present day hope for the energy requirement due to rich and eco-friendly source of energy. But this source also contains some danger for human health and wellbeing.It is a basic question before every nation that what safety and regulatory measures should be adopted to secure the safe use of nuclear energy. This article is an attempt to analyse the impact radiations caused by nuclear accidents on human health and environment. It also analyse the international regulatory measures and national legal and policy measures, adopted to combat the nuclear disaster. The article enumerates the liability issue arise due to the enactment of new law in 2010, it analyse the controversy and provide concluding remarks on the issue.
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Dandona, Rakhi, G. Anil Kumar, and Lalit Dandona. "Traffic law enforcement in Hyderabad, India." International Journal of Injury Control and Safety Promotion 12, no. 3 (September 2005): 167–76. http://dx.doi.org/10.1080/17457300500088840.
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Parikh, Madhuri. "Critique of Environmental Impact Assessment Process in India." Environmental Policy and Law 49, no. 4-5 (January 22, 2020): 252–59. http://dx.doi.org/10.3233/epl-190171.
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Barresi, Paul A. "The Polluter Pays Principle as an Instrument of Municipal and Global Environmental Governance in Climate Change Mitigation Law: Lessons from China, India, and the United States." Climate Law 10, no. 1 (March 19, 2020): 50–93. http://dx.doi.org/10.1163/18786561-01001003.
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The disparate fates of the polluter pays principle (ppp) as an instrument of municipal environmental governance in the environmental law of China, India, and the United States illustrate how institutions and culture can shape its use. In China, essential elements of the Chinese legal tradition and an institutionalized devolution of power from the central government to local governments essentially neutralized the Chinese variant of the ppp in one important context by mobilizing certain culturally defined behavioural norms at the local level. In India, the Supreme Court has behaved in accordance with the socially revolutionary role intended for it by the framers of India’s Constitution by recognizing a maximalist conception of the ppp as part of Indian law, although other features of India’s unique legal culture and institutions have reduced the impact of this development. In the United States, the institutionalized fragmentation of the law-making process within the Federal Government has undermined even the implicit implementation of the ppp, to which US environmental statutes do not refer. The implications of these developments for the ppp as an instrument of municipal but also global environmental governance in climate change mitigation law flow less from the nominal status of the ppp in the laws of China, India, and the United States than from the unique institutional and cultural conditions that prevail there. The result is a case study in how institutions and culture can transform the implementation of a principle of environmental governance that at first glance might seem to be a simple exercise in economic rationality into a different exercise that is not simple at all.
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Florek, Iwona. "Odpowiedzialność za środowisko w orzecznictwie indyjskim." Studia Prawnoustrojowe, no. 44 (January 6, 2020): 33–45. http://dx.doi.org/10.31648/sp.4894.
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Environmental protection policy is the domain of every country withservices ratifed in international agreements. India sets its own developmentdirection in this respect. The judiciary also plays an important role in thesystem of common law as a tool for defning the legal framework. India applies environmental principles which follow international environmentalprotection. The purpose of this paper is to present legal provisions in thefeld of environmental protection in the Republic of India and the state anddirection of case law with particular emphasis on the role of man, his health,quality of life and the right to live in a clean environment.
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Aamodt, Solveig. "Environmental Ministries as Climate Policy Drivers: Comparing Brazil and India." Journal of Environment & Development 27, no. 4 (August 13, 2018): 355–81. http://dx.doi.org/10.1177/1070496518791221.
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With the 2015 Paris Agreement, global climate governance increasingly depends on domestic climate policy ambitions, also in large developing countries such as Brazil and India, which are prominent representatives for developing countries in the international climate negotiations. Although the environmental policy literature expects ministries of environment to be important drivers of domestic climate policy, studies find that the climate policy ambitions of the Brazilian and Indian environmental ministries differ considerably. With a long-term analytical approach building on historical institutionalism, this article analyses and compares the climate policy roles of the Brazilian and Indian ministries of environment. The comparative analysis finds that three factors in particular influence the environmental ministries' climate policy ambitions: first, the historical view of environmental policy as a domestic or an international issue; second, the ministry's formal role in international climate negotiations; and third, the subsequent development of institutional climate logics.
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RAMAN, Durgeshree. "Damming and Infrastructural Development of the Indus River Basin: Strengthening the Provisions of the Indus Waters Treaty." Asian Journal of International Law 8, no. 2 (June 15, 2017): 372–402. http://dx.doi.org/10.1017/s2044251317000029.
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AbstractWhilst the Indus Waters Treaty of 1960 allows for damning and infrastructural development in the Indus River Basin, it does so without factoring in environmental considerations. This is because environmental standards in international law, except those related to pollution control, were largely absent when the Treaty was negotiated in the 1950s. Given the increasing list of development-related disputes between India and Pakistan, and their aspirations for further damming and other infrastructural works in the Basin, this paper seeks to close the gaps in the Treaty’s provisions and developments in international environmental law to date. To do so effectively, the paper analyzes the relevant provisions of the UN Watercourses Convention, supplemented with an examination of the European regional framework. Based on these, it proposes changes to the Treaty so that both India and Pakistan are able to work within a legal framework which not only provides for environmental impact assessments for planned projects, but enhances monitoring, assessments, and reporting. This will ensure that such developments are not only environmentally sound but also help to alleviate some of the disputes between India and Pakistan.
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Rusyani, Erni, Rambabu Lavuri, and Ardi Gunardi. "Purchasing Eco-Sustainable Products: Interrelationship between Environmental Knowledge, Environmental Concern, Green Attitude, and Perceived Behavior." Sustainability 13, no. 9 (April 21, 2021): 4601. http://dx.doi.org/10.3390/su13094601.
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Due to eco-sustainable marketing practices, customer consciousness has increased the use of eco-sustainable goods in India. This provides new opportunities for businesses and researchers in terms of eco-sustainable behavior; however, the market analysis in India is weak. This study examines the factors that trigger consumers to purchase eco-sustainable products and the interrelationship between environmental knowledge (EK), environmental concern (EC), green attitude (GA), and perceived behavior control (PB) among Indian consumers. The data were collected from 514 respondents, using purposive and snowball sampling. Using IBM SPSS 23.0 software, we employed exploratory factor analysis, a homogeneity test, Pearson’s correlation, and multiple regression for a multicollinearity test for data analysis. The results revealed that EK, EC, and GA are positively related and strongly influence eco-friendly purchasing behavior. Moreover, EK and EC are the strongest determinants of PB for eco-friendly products. This research will help green marketers to develop new green strategies to increase sales volumes and build relationships with target green customers.
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Jolly, Stellina, and Gayathri D. Naik. "Rivers as Legal Personalities in India and Bangladesh from an Eco-Centric Perspective: Balancing Developmental Needs and Environmental Protection." Chinese Journal of Environmental Law 6, no. 2 (December 7, 2022): 253–74. http://dx.doi.org/10.1163/24686042-12340087.
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Abstract Recognition of the right to the environment as a human right in several jurisdictions revolutionised the approach towards environmental protection. Nevertheless, the right to the environment has an anthropogenic dimension, and this recognition could not mitigate the environmental crisis faced by the planet. In response to this increasing ecological crisis, the concept of recognising the rights to nature evolved. The Indian judiciary propounded the river Ganges and Yamuna; Glaciers, Gangotri, and Yamunotri as legal personalities and granted them the rights commensurate with that of a human being. This trend gained attention in Bangladesh, which gave all its rivers rights and legal personhood in 2019. Though the decisions followed the more prominent global trend, these decisions differ from the worldwide movement and their decisions in the articulation of rights and implementation. This paper critically evaluates the legal developments in the rights to nature jurisprudence in India and Bangladesh, focusing on the right to rivers. A critical understanding of the judicial developments is essential in analysing the potential of giving the rights of rivers in improving environmental protection strategies. Considering the impact of these judgments in the transboundary context, the paper looks into the impacts and implications of this recognition on transboundary river governance in India and Bangladesh. The article articulates an eco-centric approach as the starting point for evolving a global perspective in recognising the rights of rivers.
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SARAVANAN, VELAYUTHAM. "Environmental History of Tamil Nadu State, Law and Decline of Forest and Tribals, 1950–2000." Modern Asian Studies 41, no. 4 (January 11, 2007): 723–67. http://dx.doi.org/10.1017/s0026749x06002514.
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Environment and sustainable development have been accorded great emphasis since the last quarter of the twentieth century. In India, the environmental protection is enshrined in the Constitution of India (42nd Amendment) under the Directive Principles of State Policy in 1977. According to Article 48A, ‘State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife in the country’. Article 51A(g) enjoins upon the citizens ‘to protect and improve the natural environment including forests, lakes and rivers and wildlife and to have compassion for the living creatures’.
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Nath, Raghuveer, and Armin Rosencranz. "Determining Environmental Compensation in India: Lessons from a Comparative Perspective." Environmental Policy and Law 49, no. 4-5 (January 22, 2020): 246–52. http://dx.doi.org/10.3233/epl-190170.
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Agrawal, Nayan, and Ishita Pant. "Law, Judiciary and Environmental Governance: Rethinking the Evolution of Forest Laws in India." International Journal of Environmental, Cultural, Economic, and Social Sustainability: Annual Review 7, no. 2 (2011): 27–38. http://dx.doi.org/10.18848/1832-2077/cgp/v07i02/59448.
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Murty, M. N. "Environmental Regulation in the Developing World: The Case of India." Review of European Community and International Environmental Law 4, no. 4 (December 1995): 330–37. http://dx.doi.org/10.1111/j.1467-9388.1995.tb00249.x.
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Nain Gill, Gitanjali. "Environmental protection and developmental interests." International Journal of Law in the Built Environment 6, no. 1/2 (April 8, 2014): 69–90. http://dx.doi.org/10.1108/ijlbe-03-2013-0010.
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Purpose – The purpose of this paper is to provide a case study of a global challenge: the relationship between commercial development and the protection of eco-fragile systems particularly where river water is involved. It reviews and critiques the legal and political processes that underpinned the Commonwealth Games (CWG) 2010 in Delhi and the building of the accommodation Village on the floodplain of the river Yamuna. Design/methodology/approach – The paper covers the controversial modern history of the Yamuna river that runs through Delhi. The river is “dead” and has been subject to litigation concerning its usage and that of its flood plain. In particular, the controversy peaked prior to the CWG 2010 in Delhi and the required buildings associated with the games. The paper traces the history of the legal actions and the inter-related involvement of the various actors being the politicians, construction developers, the river bank dwellers and the local environmentalists. Close analysis is made of the statutory administrative procedures required for environmental clearance, the subsequent case law both in the High Court of Delhi and the Supreme Court of India. Additionally, usage is made of the media and its concerns over corrupt and negligent practices. Findings – The Indian judiciary in their willingness to promote the construction of the Village failed to apply its own environmental jurisprudence. There was a failure to “lift the veil” and review flawed administrative practices that violated governing statutes. National pride, time pressures, political support, economic interests and rapid urbanisation created a pressure that the courts could not challenge. It was left to investigative committees, after the Games had concluded, to expose these wrongdoings. Originality/value – The paper highlights the issue of the relationship of the courts and political and economic interests and how legally protected ecological interests are ignored.
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Buława, Piotr, Bartłomiej Buława, and Maciej Borsa. "Environmental Personhood as a Landscape Planning Tool." Journal for European Environmental & Planning Law 19, no. 3 (August 26, 2022): 161–79. http://dx.doi.org/10.1163/18760104-19030003.
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Abstract In the face of increasing human impact on the environment, it is necessary to look for new tools for sustainable landscape planning. One of them may be the institution of environmental personhood. The conducted studies based on an analysis of legal texts show that environmental personhood has evolved into a more complex institution. Increasing emphasis is placed on the intangible, cultural, and even spiritual aspects of granting legal personality to natural objects. The first implementations of environmental personhood in Ecuador, Bolivia, Australia, and India did not concern landscape, but the other cases in Colombia, New Zealand, and Canada did and have features typical of a landscape planning tool.
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Harekrushna Mishra and Gunadhara Bhandary. "Laws on Economic Security: An Analytical Study of Some Ancient Indian Law Books." SIASAT 7, no. 3 (July 13, 2022): 247–52. http://dx.doi.org/10.33258/siasat.v7i3.128.
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The king or the master of a Nation did not want to see any kind of misery for his subjects. It may be thought that if people are in a problem then they will go to the king as if a son goes to the father for the solutions. Then the king will be the part of the problem and he has to pay attention to it. But if there is less or no problem in his state then the king also can think about the prosperity of the state. This can be experienced in the history of medieval India. There was continuous fighting between the Indian Kings as well as the wars between Islamic invaders and indigenous Hindu Kings. During this period almost all kings deviated from the developmental agenda and as a result, the common man, as well as the weaker section, became weaker and India became economically backward. This paper intends to through a fresh light on the so called dark side of the Hindu social system.
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Sudha, S. "Corporate environmental performance–financial performance relationship in India using eco-efficiency metrics." Management of Environmental Quality: An International Journal 31, no. 6 (August 22, 2020): 1497–514. http://dx.doi.org/10.1108/meq-01-2020-0011.
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PurposeThe purpose of this study is to attempt to empirically examine the impact of disaggregate, eco-efficiency-based measures of corporate environmental performance (CEP) on corporate financial performance (CFP) of Indian companies. Further, recent theories contending a bidirectional causality between them is also explored.Design/methodology/approachSecondary data of 224 Indian S&P 500 companies from 2002 to 2011 are used to run panel data regression models for examining the impact of CEP measures on accounting-based CFP measures.FindingsThe empirical results are statistically significant and provide evidence for a positive association of eco-efficiency-based CEP metrics on CFP metrics, thereby supporting Porter's win–win hypothesis. Further, the results evidence a positive bi-directional causality between CEP and CFP for one period time lag signalling possibility of mutual reinforcement in CEP–CFP relationship.Research limitations/implicationsThe study has used data for the period 2002–2011 and eco-efficiency metrics – energy, water and material efficiencies due to availability.Practical implicationsThe results have implications to both corporate managers as well as policymakers across all industries for emphasizing on eco-efficiency-based (proactive) environmental sustainability initiatives to enhance both financial and environmental bottom lines.Originality/valueThe study contributes to scarce empirical literature analysing the impact of CEP on financial performance. To the best of authors's knowledge, event studies, portfolio studies and perceptual data-based empirical studies exist in India. This study is unique in that it examines long run effect of eco-efficiency-based CEP metrics which is pertinent in a rapidly growing emerging market – India, where, eco-efficiency is considered quintessential for sustainable development.
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Jolly, Stellina, and Siddharth Singh. "Environmental Impact Assessment Draft Notification 2020, India: A Critique." Chinese Journal of Environmental Law 5, no. 1 (July 8, 2021): 11–36. http://dx.doi.org/10.1163/24686042-12340062.
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Abstract Environment Impact Assessment (EIA) is a systematic process to identify, predict, and evaluate the environmental effects of proposed actions and projects. Generally, an EIA is conducted before deciding to proceed with a specific project or activity. In India, the adoption of the Draft EIA Notification 2020 by the Ministry of Environment, Forest and Climate Change has triggered several debates over its problematic implications. The Draft EIA Notification normalizes ex post facto clearance, which allows construction or operation of the project without a prior environmental clearance. It has significantly curtailed the scope of public consultation and participation by the introduction of a large number of exemptions for projects. Further, it is silent over the project’s transboundary impacts and exempts projects within 100 km of the border areas from public consultation. Thus, the Draft EIA Notification violates the environmental law principles provided under domestic and international laws by restricting adequate scrutiny of projects. The article critically evaluates the three significant dilutions that have threatened the effectiveness of the Draft EIA Notification including ex post facto clearance, public consultation, and the exemption granted to transboundary projects, and emphasizes its need for reconsideration before the publication of the final Notification.
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Buraga, Manoj Babu, and Thibault Fournol. "Indo-French Cooperation and Engagement in Holistic Maritime Security: Possibilities and Implications in the Indian Ocean Region." Electronic Journal of Social and Strategic Studies 03, no. 02 (2022): 241–57. http://dx.doi.org/10.47362/ejsss.2022.3209.
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The diffusion of the Indo-Pacific concept in India’s strategic vocabulary has accompanied the emergence of a broader strategic reference frame, in which the impacts of climate change on coastal areas and maritime-related environmental issues figure among the lowest common denominators of cooperation at the regional scale. In the Indian Ocean Region (IOR), unregulated fishing, natural disasters relief or marine pollution indeed became major security concerns for littoral States as well as it gave a new role for the armies in mitigating increasing environmental risks. In fact, we are seeing an expansion in India-France maritime security cooperation, with particular focus on the Indian Ocean. With its expanding economic, marine military, and strategic goals in the Indo-Pacific region, India is eager to develop connections with countries throughout the area. France is emphasising its identity as an Indo-Pacific nation and showing interest in bolstering its partnership with India. The Indian Ocean has emerged as a hot topic in recent Indo-French bilateral talks, as both nations seek to broaden their long-standing strategic partnership to the maritime domain. In February 2022, they inked a roadmap to boost their bilateral exchanges on the blue economy and forge a common vision of ocean governance on the basis of the rule of law, and cooperation on sustainable and resilient coastal and waterways infrastructure (MEA, Feb 2022).[i] In this regard, both agreed to explore the potential for collaboration in marine science research for a better understanding of the oceans, including the Indian Ocean. One such partnership is the ‘The Indo-Pacific Oceans Initiative’ (IPOI), wherein France and India have taken the responsibility of being the ‘lead’ for the Marine Resources Pillar, which is one of seven identified pillars (MEA, Mar 2022).[ii] In such a context, this paper aims to explore India’s cooperation opportunities in the field of environmental security in the IOR in the context of Indo-French relations. As a preferred net security provider in the region, India has made of France one of the cornerstones of its SAGAR policy and a first-choice partner on maritime issues, as testified recently by the India-France Roadmap on Blue Economy and Ocean Governance. Based on several years of research on Indo-French relations and environmental security in the Indo-Pacific, the paper will first compare the securitization process of maritime-related environmental issues within the regional security policies of both countries and the adaptation of their navies to emerging environmental risks in the Indian Ocean. Then, it will analyse to what extent this process contributes to reshape military-to-military cooperation between the two navies/coast guard in emerging areas such as disaster relief operations, protection of maritime ecosystems or cyclone early warning. Then, it will consider the multilateral implications of this cooperation and its potential contribution to the security architecture of the Indian Ocean. [i] Ministry of External Affairs of India (February 2022). India-France Roadmap on the Blue Economy and Ocean Governance. [ii] Ministry of External Affairs of India (March 2022). Indo-French Call for an ‘Indo-Pacific Parks Partnership. Joint Declaration, Paris.
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Kumar, Mukul. "Disassembling Coal: Finance Capital, Environmental Law, and the Right to Information in South India." Antipode 53, no. 4 (January 21, 2021): 1124–42. http://dx.doi.org/10.1111/anti.12708.
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Randeria, Shalini. "Glocalization of Law: Environmental Justice, World Bank, NGOs and the Cunning State in India." Current Sociology 51, no. 3-4 (May 2003): 305–28. http://dx.doi.org/10.1177/0011392103051003009.
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Sharma, Aviram. "Drinking Water Quality in Indian Water Policies, Laws, and Courtrooms: Understanding the Intersections of Science and Law in Developing Countries." Bulletin of Science, Technology & Society 37, no. 1 (February 2017): 45–56. http://dx.doi.org/10.1177/0270467617738696.
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Drinking water quality has drawn enormous attention from scientific communities, the industrial sector, and the common public in several countries during the last couple of decades. The scholarship in science and technology studies somehow overlooked this crucial domain. This article attempts to contribute to this gray area by exploring how drinking water quality is understood in Indian water policies, laws, and courtrooms. The article argues that water policies and laws in India were significantly shaped by international treaties and global environmental stewardship. In the courtrooms, the Indian judiciary employed minimum science-based evidence in decision making in the context of drinking water–related cases; rather they used a rights-based approach and minimally engaged with the issue of drinking water quality/standards. Whatever little science used as valid science by the judges in the decision making was entirely expert-based. The reliance of the judges on the scientific expertise of the experts representing regulatory organizations and public institutions was another unique characteristic of the relationship between science and law in India.
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Reich, Michael R., and B. Bowonder. "Environmental Policy in India. strategies for Better Implementation." Policy Studies Journal 20, no. 4 (December 1992): 643–61. http://dx.doi.org/10.1111/j.1541-0072.1992.tb00188.x.
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Awan, Asma, and Sidra Nawaz. "Towards Green Growth: Monitoring Progress and Investigating Its Determinants in South Asia." Journal of Economic Impact 4, no. 3 (December 30, 2022): 252–64. http://dx.doi.org/10.52223/jei4032212.
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Keeping in view the global environmental emergency Green Growth assessment will show policymakers how to maximize economic outcomes while ensuring environmental sustainability. This study aims to construct a Green Growth (GG) Index and empirically test its long-run and short-run determinants for the time series data from 1990 to 2021 in the case of Bangladesh, India and Pakistan. A set of nineteen indicators covering three dimensions, including resource productivity, environmental quality and economic and social aspects, is used to develop the GG index through the principal component methodology. Given the mixed order of integration, Autoregressive Distributed Lag (ARDL) method is utilized to check the co-integration relationship of variables. The results of this study depict that in the case of Bangladesh, there are three significant determinants in which urbanization and forest area are positively associated with GG and trade openness negatively. In India, GG is significantly and positively influenced by urbanization and forest area, while socio-economic conditions impair it. For the third country, Pakistan, urbanization, trade openness, law and order have significant and positive associations with GG, while socio-economic conditions have significant but negative relationships. Based on the study's outcomes, dependent variables show divergence from their short-run equilibrium with error correction terms -0.726, -0.914 and -0.439 for Bangladesh, India and Pakistan, respectively. Therefore, this study suggests implementing policies related to urbanization, trade openness, forest area, law and order and socio-economic conditions to stimulate GG.
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Akhtar, Zia. "Kashmir's Right to Self Determination: UNSC Resolutions, Human Rights Violations and Culpability under International Law." Athens Journal of Law 9, no. 1 (December 29, 2022): 139–72. http://dx.doi.org/10.30958/ajl.9-1-7.
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The United Nations has voted for the Kashmir dispute to be settled by a referendum in the territory since the inception of both India and Pakistan as independent states in 1947. The Security Council resolutions have mandatory effect since their passage and a plebiscite was overdue when India decided to annex the state in August 2019. In refusing to let the people decide their future the Indian government went against the cardinal principle of self-determination. By revoking its constitutional status as a state within the Indian Union the government revoked the Article 370 without consulting any other interested party including the political representatives of the Kashmiri people. The consequence was the declaration of Martial law in the Valley enforced by an unprecedented security operation whereby the special powers allotted to the military and the auxiliary Border Security forces and Central Reserve Police force have been used to assault the human rights of the people. The Indian government has not only refused to implement the mandate of the UNSC but also breached the International Convention of Civil and Political Rights and the Universal Declaration of Human Rights. The actions of the Indian forces have been under the spotlight of the UN Human Rights Council whose reports in 2018 and 2019 implicate the military of gross human rights abuses in Kashmir. The argument of this paper is that there should be rigorous application of international humanitarian law and war crimes tribunals invested to prosecute the Indian officials for breaches of the rules in Non-International Conflicts (NIC). Keywords: Instrument of Accession; Article 370; cultural genocide; Uti possidetis; UN Chapter VI; International Covenant on Civil and Political Rights; AFSPA Public Safety; ct, OHCHR Report 2018; International
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Arathi, P. M. "Silent Voices: A Critical Analysis of Surrogacy’s Legal Journey in India." Social Change 49, no. 2 (June 2019): 344–52. http://dx.doi.org/10.1177/0049085719844097.
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After two decades of debates, the law governing surrogacy in India was passed during the winter session of the Parliament, and Surrogacy (Regulation) Act 2018 came into existence. This new law prohibits commercial surrogacy on grounds of preventing exploitation of surrogate women and to protect the rights of children born out of surrogacy. The Act allows only ‘ethical altruistic’ surrogacy. This commentary criticises the false premise of the legislative understanding of identifying patriarchal family structure as exploitation free and argues that the complete ban of commercial surrogacy is not the answer to the exploitation of women who act as surrogates in the current Indian political economy. The author identifies the process of new surrogacy law as a Hindutva morality phase where the inherent violence and exploitation within the patriarchal family system is hidden by the state acting as a benevolent lord.