DOCSLIB.ORG

Environmental Justice in India

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Environmental Justice in India ENVIRONMENTAL JUSTICE IN INDIA: The manifestation of neo-dharmic jurisprudence in postmodern public law by C . M . Abraham Thesis submitted for the degree of Doctor of Philosophy Department of Law School of Oriental and African Studies University of London May 1995 ProQuest Number: 11010620 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010620 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 ABSTRACT Within the last two decades, India has not only enacted specific legislation on environmental protection but has also virtually created a new fundamental right to a clean environment in the Constitution. The models and methods adopted in the Indian context appear, at first sight, similar to those in other common law systems. Yet, there are many subtle differences which have changed the structure and content of legal development in India. Indian environmental jurisprudence brings out the unique characteristics of a new legal order which has been gradually established in India. The distinguishing nature of this jurisprudence, as this thesis shows in detail, has three interconnected elements. First, the nature of the new Indian constitutional law regime accords greater importance to public concerns than protecting private interests. Current Indian jurisprudence shows an increased assertion of public accountability by enlarging the domain of public law. This has created new dimensions of justice based on a new public law rationale which reacts constructively to established common law models. Secondly, this jurisprudential development reflects certain aspects of Indian legal culture, through implicit and explicit reliance on autochthonous values and concepts 2 of law, encapsulated in the Indian juristic postulate of dharma. The new developments reflect distinct elements of Indian dharmic legal culture, which are markedly different from common law postulates evolved out of an individualistic, property-based private law culture. Thirdly, the emerging Indian environmental jurisprudence bears testimony to the activist role of the Indian judiciary which has also had a significant impact in many areas other than environmental law. In short, the development of environmental jurisprudence in India manifests neo-dharmic jurisprudence in postmodern public law. It accommodates ideas currently voiced by experts around the world for protecting the environment, in forms modified by the legal culture of India. 3 ACKNOWLEDGEMENTS This thesis is not a mere product of the years spent in London, particularly at SOAS as a research student, but the fruit of a seed planted nearly a decade ago, in a little known corner of the world, the state of Kerala in India. Within this decade several personalities have helped me nurture this tender jurisprudential sapling by developing my views and thoughts on the subject in many ways. To begin with, Dr. Leelakrishnan at Cochin University in Kerala, as a pioneering scout, led me into this then unchartered territory when I was an LL.M. student under his guidance. Dr. Armin Rosencranz, then a Visiting Professor at Cochin, put me into the international scene with the publication of our article in the Columbia Journal of Environmental Law. But most of all, the unique personality whose perception about law and society had the greatest impact on my juridical thinking is Justice V.R. Krishna Iyer. As young Advocates at the Kerala High Court, my wife and I were closely associated with him in some of his activities, to render access to justice at the grass-roots level, in which he engaged himself on his retirement from the Supreme Court of India. I acknowledge my sincere thanks to Dr. Werner Menski, who, as my supervisor at SOAS, guided me with many 4 attributes of a venerable postmodern Hindu by often making the task of completing this thesis quite challenging. I also thank Mr. Michael Palmer at SOAS for his comments after reading through the final draft of the whole thesis. I also acknowledge my thanks to my wife Sushila, for helping me cope with many tribulations in life during this period. Last, but not the least, our little son Matthew deserves thanks, too, for patiently yearning for his dad to finish his Ph.D. 5 TABLE OF CONTENTS Page Abstract 2 Acknowledgements 4 Table of contents 6 Chapter 1 Introduction 9 1.1 The focus of the study 9 1.2 The complexity of the present Indian scenario 13 1.3 The structure of the thesis 19 Notes to chapter 1 27 Chapter 2 The constitutional foundations of Indian environmental jurisprudence 34 2.1 The significance of the aims and ideals of the Constitution 35 2.2 The importance of the Directive Principles of State Policy 41 2.3 The evolution of the Indian public law regime 50 2.4 The extraordinary remedial powers and their modifications 62 2.5 The effect of social action litigation 67 2.6 The societal role of the Indian judiciary 71 Notes to chapter 2 77 6 Chapter 3 Public nuisance and Indian environmental jurisprudence: from common law foundations to public law models 87 3.1 Public nuisance and the common law foundations in India 88 3.2 Public nuisance under the Indian Penal Code 95 3.3 Public nuisance under the criminal and civil procedural codes in India 104 3.4 From a common law to a public law rationale for public nuisance in India 110 Notes to chapter 3 128 Chapter 4 The regulatory framework of Indian environmental statutes 138 4.1 The nature of environmental regulation 141 4.2 Evaluation of the Water Act, 1974 and the Air Act, 1981 144 4.3 Evaluation of the Environment (Protection) Act, 1986 150 4.4 The permeation of the public law rationale in Indian environmental regulation 155 4.5 The evolving Indian legal ideology on environmental regulation 162 Notes to chapter 4 167 Chapter 5 Indian legal culture and environmental jurisprudence 174 5.1 Legal systems and legal cultures 175 5.2 Dharma and its dynamics 188 7 5.3 The nature of Indian dharmic culture 191 5.4 Dharma and contemporary Indian jurisprudence 197 5.5 Indian tradition and environmentalism 206 Notes to chapter 5 220 Chapter 6 The jurisprudence on Indian environmental law 234 6.1 The juridical rationale of Ratlam 235 6.2 The juristic principles of the Mehta cases 241 6.3 The jurisprudence of 'justice without law' in Bhopal 257 6.4 The contours of Indian environmental jurisprudence 2 68 Notes to chapter 6 289 Chapter 7 Conclusion: The neo-dharmic Indian environmental jurisprudence 298 Notes to chapter 7 313 Abbreviations 315 Table of cases 316 Table of statutes 325 Bibliography 327 CHAPTER 1 INTRODUCTION 1.1 The focus of the study The development of environmental jurisprudence in India may appear, at first sight, similar to what we see in other common law countries. Yet, a closer analysis reveals that India has been developing a form of environmental jurisprudence which is significantly different from other common law systems. In fact, Indian environmental jurisprudence brings out the unique characteristics of the new legal order which has been gradually established in India during the late 197 0s and throughout the 1980s and early 1990s. India not only enacted various specific laws to control environmental pollution, but has also incorporated significant provisions for the protection of the environment into its Constitution.1 Within the last two decades, the development of environmental jurisprudence in India, following these constitutional law changes, has been remarkable in the sense that it has led to the virtual creation of a fundamental right to a clean environment in Indian law. This forms part of the public law regime established by the Constitution and appears to be based not only on modern concepts of fundamental human rights but also on indigenous notions of social justice, constituting a 9 unique human rights approach adopted through affirmative action.2 The main aim of this thesis is to bring out the distinct nature of this new Indian environmental jurisprudence by analysing its development within a broader constitutional and jurisprudential framework. In fact, the emerging Indian environmental jurisprudence has relied on three interconnected elements. First, it manifests the new Indian constitutional law rationale which now clearly accords importance to public concerns rather than to protecting private interests. Secondly, it reflects certain aspects of Indian legal culture through implicit and explicit reliance on autochthonous values based on ancient, pre-colonial indigenous notions and concepts of law. Thirdly, it bears testimony to the uniquely activist role of the higher Indian judiciary in promoting this new rationale. These three interconnected elements characterise the manner and approach adopted in the recent development of Indian environmental jurisprudence. The major purpose of the present thesis is to analyse this recent development and to show how Indian environmental jurisprudence functions not as an adjunct to the common law systems, but as an independent and yet interconnected mechanism for the legal protection of the environment. The analysis
Load more

Recommended publications
  • Global Report on Human Settlements 2007 (References and Index)
    REFERENCES ABC TV (2006) ‘Cambodia evictions’, Foreign www.proventionconsortium.org/themes/default/pdfs/ Correspondent Series 16, Episode 15, Broadcast on AIDMI_Dec06.pdf 10 October 2006. Transcript and video available at Alemika, E. O. and I. C. Chukwuma (2005) Criminal www.abc.net.au/foreign/content/2006/s1754763.htm Victimization and Fear of Crime in Lagos Metropolis, Abney, G. and L. Hill (1966) ‘Natural disasters as a politi- Nigeria, Cleen Foundations Monograph Series No 1, cal variable: The effect of a hurricane on an urban www.cleen.org/LAGOS%20CRIME%20SURVEY.pdf election’, American Political Science Review 60(4): Alexander, D. (1989) ‘Urban landslides’, Progress in 974–981 Physical Geography 13: 157–191 ACHR (Asian Coalition for Housing Rights) (2001) Allen, F. G. (1997) ‘Vigilante justice in Jamaica: The ‘Building an urban poor people’s movement in Phnom community against crime’, International Journal of Penh, Cambodia’, Environment and Urbanization 13: Comparative and Applied Criminal Justice 21: 1–12 61–72, Allen, T. (2000) The Right to Property in Commonwealth http://eau.sagepub.com/cgi/reprint/13/2/61.pdf Constitutions, Cambridge University Press, Cambridge ActionAid (2006) Climate Change, Urban Flooding and Alston, P. (1993) ‘Excerpts from a speech to the plenary the Rights of the Urban Poor in Africa, ActionAid of the World Conference on Human Rights’, re- International, www.actionaid.org/wps/content/ printed in Terra Viva, 22 June 1993 documents/Urban%20Flooding%20Africa%20Report_ Alwang, J., P. B. Siegel and S. L. Jorgensen
    [Show full text]
  • Cow Care in Hindu Animal Ethics Kenneth R
    THE PALGRAVE MACMILLAN ANIMAL ETHICS SERIES Cow Care in Hindu Animal Ethics Kenneth R. Valpey The Palgrave Macmillan Animal Ethics Series Series Editors Andrew Linzey Oxford Centre for Animal Ethics Oxford, UK Priscilla N. Cohn Pennsylvania State University Villanova, PA, USA Associate Editor Clair Linzey Oxford Centre for Animal Ethics Oxford, UK In recent years, there has been a growing interest in the ethics of our treatment of animals. Philosophers have led the way, and now a range of other scholars have followed from historians to social scientists. From being a marginal issue, animals have become an emerging issue in ethics and in multidisciplinary inquiry. Tis series will explore the challenges that Animal Ethics poses, both conceptually and practically, to traditional understandings of human-animal relations. Specifcally, the Series will: • provide a range of key introductory and advanced texts that map out ethical positions on animals • publish pioneering work written by new, as well as accomplished, scholars; • produce texts from a variety of disciplines that are multidisciplinary in character or have multidisciplinary relevance. More information about this series at http://www.palgrave.com/gp/series/14421 Kenneth R. Valpey Cow Care in Hindu Animal Ethics Kenneth R. Valpey Oxford Centre for Hindu Studies Oxford, UK Te Palgrave Macmillan Animal Ethics Series ISBN 978-3-030-28407-7 ISBN 978-3-030-28408-4 (eBook) https://doi.org/10.1007/978-3-030-28408-4 © Te Editor(s) (if applicable) and Te Author(s) 2020. Tis book is an open access publication. Open Access Tis book is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
    [Show full text]
  • INVITATION Award Ceremony for Maneka Gandhi: Award Ceremony for Richard Ryder: in Part 2 Only Starting at 9:00 A.M
    Peter-Singer-Preis 2021 The award ceremony is carried out as a closed event and is open to altogether 120 guests only Förderverein des Association for the Peter-Singer-Preises Promotion of the Peter für Strategien zur Singer Prize for AWARD CEREMONY MEMBERSHIP Tierleidminderung e.V. Strategies to Reduce the Suffering of Animals Award Ceremony for Maneka Gandhi as the Winner of the 6th and Richard Ryder as the I would like to become a member of the Association for the Promo- tion of the Peter Singer Prize for Strategies to Reduce the Suffe- th ring of Animals. Winner of the 7 Peter Singer Prize for Strategies to Reduce the Suffering of Animals. Registered non-profit association www.peter-singer-preis.de • E-Mail: [email protected] th My membership fee is Euro every year DATE: Saturday, May 29 , 2021 (minimal fee is 50 Euro every year for one person) VENUE: Hollywood Media Hotel (Cinema Hall) • Kurfürstendamm 202 • 10719 Berlin PARTICIPATION I would like to participate in the whole evemt. PROGRAMME: FIRST PART PROGRAMME: SECOND PART in part 1 only INVITATION Award Ceremony for Maneka Gandhi: Award Ceremony for Richard Ryder: in part 2 only Starting at 9:00 A.M. Starting at 4:00 P.M. Name: • Welcome: Dr. Walter Neussel • Moderation: Prof. Edna Hillmann Street, house number: • Moderation: Prof. Dr. Peter Singer (Professor for Animal Husbandry, Humboldt University, Berlin) • Prof. Dr. Ernst Ulrich von Weizsäcker Postcode, city: (Honorary President of the Club of Rome): • Prof. Dr. Dr. h.c. Dieter Birnbacher Telephone, fax: Avoiding Collapse of the “Full World” (Institute of Philosophy, Heinrich Heine University, Düsseldorf): • Renate Künast Email adress: (Former German Minister of Consumer Protection, „Speciesism“– a Re-Evaluation Place, date, signature: Food and Agriculture from 2001 to 2005): • Prof.
    [Show full text]
  • Hinduism: a Beginner's Guide
    Hinduism A Beginner‘s Guide Where today’s news only scratches the surface, ONEWORLD BEGINNER’S GUIDES combine a truly engaging approach with expert analysis of the most challenging issues facing modern society. Innovative and affordable, these books are perfect for anyone curious about the way the world works and the big ideas of our time. anarchism democracy mafia & organized ruth kinna david beetham crime james o. finckenauer anti-capitalism energy simon tormey vaclav smil NATO jennifer medcalf artificial intelligence evolution blay whitby burton s. guttman the palestine–israeli evolutionary psychology conflict biodiversity dan cohn-sherbok & john spicer r. dunbar, l.barrett & j. lycett dawoud el-alami bioterror & biowarfare fair trade philosophy of mind malcolm dando jacqueline decarlo edward feser the brain genetics postmodernism a. al-chalabi, m. r. turner a. griffiths, b.guttman, kevin hart & r. s. delamont d. suzuki & t. cullis quantum physics christianity global terrorism alastair i. m. rae keith ward leonard weinberg religion cloning hinduism martin forward aaron d. levine klaus k. klostermaier the small arms trade criminal psychology life in the universe m. schroeder, r. stohl ray bull et al. lewis dartnell & d. smith FORTHCOMING: animal behaviour feminist theory medieval philosophy beat generation forensic science modern slavery bioethics french revolution oil british politics galaxies philosophy of religion censorship gender & sexuality political philosophy climate change globalization racism conspiracy theories history of science radical philosophy crimes against humanity human rights renaissance art engineering humanism romanticism ethics immigration socialism existentialism indigenous peoples time extrasolar planets literary theory volcanoes Hinduism A Beginner‘s Guide Klaus K. Klostermaier HINDUISM A Oneworld Book Copyright © Klaus K.
    [Show full text]
  • Cruelty on Animals and Related Rights
    PJAEE, 17 (6) (2020) CRUELTY ON ANIMALS AND RELATED RIGHTS Maithili Chaudhury1, Nilanjan Chakraborty2 1,2 Asst. Professer, Faculty of Legal Studies, Siksha O Anusandhan Email: [email protected], [email protected] Maithili Chaudhury, Nilanjan Chakraborty: Cruelty On Animals And Related Rights -- Palarch’s Journal Of Archaeology Of Egypt/Egyptology 17(6). ISSN 1567-214x Keywords: Animal Rights, Animal Husbandry, Anti-cruelty ethic, Social Ethic ABSTRACT Businesses and occupations must remain consistent with social ethics or risk losing their freedom. An important social ethical issue that has arisen over the past four decades is animal welfare in various areas of human use. The ethical interest of the society has outgrown the conventional morality of animal cruelty, which originated in biblical times and is embodied in the laws of all civilized societies. There are five major reasons, most notably the substitution of husbandry-based agriculture with industrial agriculture, for this new social concern. This loss of husbandry to industry has threatened the traditional fair contract between humans and animals, leading to significant animal suffering on four different fronts. Because such suffering is not caused by cruelty, it was necessary to express social concerns with a new ethic for animals. Since ethics is based on pre-existing ethics rather than ex nihilo, society has looked for its properly modified ethics for humans to find moral categories that apply to animals. This concept of legally encoded rights for animals has emerged as a plausible vehicle for reform. The paper provides brief summary of the animal welfare board of India, legal capacity in order to possess rights and tries to establish relation between legal personhood and rights.
    [Show full text]
  • Diffuse Agricultural Water Pollution in India
    r 244 99DI Pergamon Wat. Sci. Tech. Vol 39, No. 3, pp. 33-47, 1999. ©1999 IAWQ r quality. In: Published by Elsevier Science Ltd IRC ai^Vater Printed in Great Britain. All rights reserved ana Sanitation Centre 0273-1223/99 $1900+ 0 00 >n in Beijing. Tel.:+31 70 30 609 80 PII: SO273-1223(99)0OO3O-X Fax: +31 ?0 38 390 64 «. Water and hinese), 6(4), DIFFUSE AGRICULTURAL WATER ol (Chinese), POLLUTION IN INDIA nvironmental G. D. Agrawal Enviroteck inst.(P) Ltd, New Delhi, India nvironmental >urces and its ABSTRACT nvironmental Concern over agricultural diffuse pollution sources in integrated water quality management has been growing recently. Such sources are likely to be even more critical in developing countries, including India, where agriculture and rural habitats are still dominant, unlike the G7 or other affluent industrialised nations. A 88. number of special features of the Indian scene need to be considered. These include: (i) extremely varying pesticides in rainfall and stream-flow patterns; (ii) still largely traditional agricultural practices with average application of ce, J4(l), 72- fertilizers and pesticides and significant areas under dry farming or only marginal irrigation; (iii) a very large cattle population, with agriculture almost always linked with animal husbandry; (iv) a culture of living close ter irrigation. to the river (if not in the river) with dominating instream uses of bathing, washing, cattle wading, waste disposal, etc. and large-scale floodplain farming; and (v) scant respect for rules, regulations and laws . PhD thesis, alongside an extremely weak law-enforcement machinery. The paper shows that in the non-monsoon (non-flood) periods, which may account for all but 2 months of a trs (Chinese), year, agricultural diffuse pollution sources seem to have no impact on stream water quality.
    [Show full text]
  • The State of the Animals II: 2003
    A Strategic Review of International 1CHAPTER Animal Protection Paul G. Irwin Introduction he level of animal protection Prior to the modern period of ani- activity varies substantially Early Activities mal protection (starting after World Taround the world. To some War II), international animal protec- extent, the variation parallels the in International tion involved mostly uncoordinated level of economic development, as support from the larger societies and countries with high per capita Animal certain wealthy individuals and a vari- incomes and democratic political Protection ety of international meetings where structures have better financed and Organized animal protection began in animal protection advocates gathered better developed animal protection England in the early 1800s and together to exchange news and ideas. organizations. However there is not spread from there to the rest of the One of the earliest such meetings a one-to-one correlation between world. Henry Bergh (who founded the occurred in Paris in June 1900 economic development and animal American Society for the Prevention although, by this time, there was protection activity. Japan and Saudi of Cruelty to Animals, or ASPCA, in already a steady exchange of informa- Arabia, for example, have high per 1865) and George Angell (who found- tion among animal protection organi- capita incomes but low or nonexis- ed the Massachusetts Society for the zations around the world. These tent levels of animal protection activ- Prevention of Cruelty to Animals, or exchanges were encouraged further ity, while India has a relatively low per MSPCA, in 1868) both looked to by the organization of a number of capita income but a fairly large num- England and the Royal Society for the international animal protection con- ber of animal protection groups.
    [Show full text]
  • LAW REVMV Volume 25 Fall 1997 Number 1
    NORTHERN KENTUCKY LAW REVMV Volume 25 Fall 1997 Number 1 Natural Resource and Environmental Law Issue ARTICLES Smog, Science & the EPA ............................................... Kevin D. Hill 1 Overview of Brownfield Redevelopment Initiatives: A Renaissance in the Traditional Command and Control Approach to Environmental Protection ................ Philip J. Schworer 29 American Mining Congress v. Army Corps of Engineers:Ignoring Chevron and the Clean Water Act's Broad Purposes ......................... BradfordC. Mank 51 SPECIAL ESSAY Comparative Risk Assessment and Environmental Priorities Projects: A Forum, Not a Formula ........................................ John S. Applegate 71 PRACTITIONER'S GUIDE The Use of Experts in Environmental Litigation: A Practitioner's Guide .................................. Kim K Burke 111 NOTE United States v. Ahmad: What You Don't Know Won't Hurt You. Or Will It? .................. MichaelE.M. Fielman 141 Special Feature Introduction to the Best Petitioner and Respondent Briefs from the Fifth Annual Salmon P. Chase College of Law Environmental Law Moot Court Competition ............................ M. PatiaR. Tabar 163 M oot Court Problem ....................................................................... 165 Best Brief, Petitioner ............................... University of Cincinnati 181 Best Brief, Respondent .............................. University of Wisconsin 209 ARTICLES SMOG, SCIENCE & THE EPA by Kevin D. Hill' The yellow fog that rubs its back upon the window-panes The yellow
    [Show full text]
  • Environmental Policy, River Pollution, and Infant Health
    Working paper Environmental policy, river pollution, and infant health Evidence from Mehta vs. Union of India Quy-Toan Do Shareen Joshi Samuel Stolper February 2016 Environmental Policy, River Pollution, and Infant Health: Evidence from Mehta vs. Union of India∗ Quy-Toan Do Shareen Joshi Samuel Stolper World Bank Georgetown University Harvard University February 19, 2016 Abstract India’s rivers are heavily polluted. One of the more polluted sites is the city of Kanpur, on the banks of the river Ganga (or Ganges). The river receives large amounts of toxic waste from the city’s domestic and industrial sectors, particularly the tannery industry. We study the impact of a landmark piece of judically mandated environmental legislation in this city. In September 1987, the Supreme Court of India ordered the tanneries of Kanpur to either clean their waste or shut down. We explore the mortality burden of this ruling in Kanpur district as well as districts downstream, and find a significant drop in both river pollution (as measured by Biochemical Oxygen Demand) and health risk (as measured by infant mortality). We also explore the channels that drive these policy impact and cannot reject that the drop in pollution levels following the Supreme Court decision accounted for the entire observed effect on infant mortality. Keywords: Pollution, neonatal mortality, biochemical oxygen demand. JEL Codes: Q53, Q56 ∗We are grateful to Prashant Bharadwaj, Jishnu Das, Garance Genicot, Susan Godlonton, Rema Hanna, Hanan Jacoby, Remi Jadwab, Guido Kuersteiner, Samik Lall, Arik Levinson, Rohini Pande, Martin Rama, Martin Ravallion, John Rust, Simone Schaner, George Shambaugh, Shinsuke Tanaka, and Jennifer Tobin for useful comments.
    [Show full text]
  • Politics of Environment — II by Anil Agarwal It Looks As If Environment Is
    Politics of Environment — II By Anil Agarwal It looks as if environment is an idea whose time has come. Newspapers give prominent display to environmental horror stories. Editorials demand better management of natural resources. Government statements on the need to preserve the environment are commonplace. Government programmes, too, are quite numerous and increasing in number day by day. There are massive schemes for afforestation, for instance. In the last four years, some 1,000 crore seedlings are said to have been distributed or planted. There are new laws for control of air and water pollution and for the conservation of forests. India has been praised all over the world for what it has done to preserve tigers. Nearly three per cent of India’s giant land mass is now protected national parks and wildlife sanctuaries, and there are demands to strengthen their protection and increase their area. Plan documents and party manifestoes take care to mention the importance of environment. But there is a major problem with this entire range of activities and concerns: it does not appear to be based on a holistic understanding of the relationship between environment and the development process in this country. The programmes are ad hoc, without clear priorities, and there is too much of a policeman’s attitude. They seem to be based on the belief that concern for the environment essentially means protecting and conserving it, partly from development programmes but mainly from the people themselves. There is little effort to modify the development process itself in a manner that will bring it into greater harmony with the needs of the people and with the need to maintain ecological balance, while increasing the productivity of our land, water and forest resources.
    [Show full text]
  • Clean Air (Human Rights) Bill [HL]
    Clean Air (Human Rights) Bill [HL] CONTENTS 1Overview 2 Reviewing and revising the pollutants and limits in Schedules 1 to 4 3 Secretary of State’s duty: assessing air pollutants 4 Secretary of State’s duty: additional provisions 5Environment Agency 6 Committee on Climate Change 7 Local authorities 8 Civil Aviation Authority 9 Highways England 10 Historic England 11 Natural England 12 The establishment of the Citizens’ Commission for Clean Air 13 Judicial review and other legal proceedings 14 Duty to maintain clear air: assessment 15 Duty to maintain clean air: reporting 16 Environmental principles 17 Interpretation 18 Extent, commencement and short title Schedule 1 — Pollutants relating to local and atmospheric pollution Schedule 2 — Indoor air pollutants Schedule 3 — Pollutants causing primarily environmental harm Schedule 4 — Pollutants causing climate change Schedule 5 — The Protocols to the United Nations Economic Commission for Europe’s Convention on Long-Range Transboundary Air Pollution Schedule 6 — The clean air enactments Schedule 7 — Constitution of the Citizens’ Commission for Clean Air HL Bill 17 58/1 Clean Air (Human Rights) Bill [HL] 1 A BILL TO Establish the right to breathe clean air; to require the Secretary of State to achieve and maintain clean air in England and Wales; to involve Public Health England in setting and reviewing pollutants and their limits; to enhance the powers, duties and functions of the Environment Agency, the Committee on Climate Change, local authorities (including port authorities), the Civil Aviation Authority, Highways England, Historic England and Natural England in relation to air pollution; to establish the Citizens’ Commission for Clean Air with powers to institute or intervene in legal proceedings; to require the Secretary of State and the relevant national authorities to apply environmental principles in carrying out their duties under this Act and the clean air enactments; and for connected purposes.
    [Show full text]
  • Curriculum Vitae
    CURRICULUM VITAE Permanent address: #308 Dr. Shamsher Singh S/o. Darshan singh Dera Baba Nanak Road, Sunder Nagar, Batala, Distt: Gurdaspur 143505 (Punjab) India. Contact No.: 8146377998 E-mail: [email protected] Office Address: Dr. Shamsher Singh Assistant Professor, Khalsa College of Law, Ramtirath Road, Amritsar143001 (Punjab) (Dr. Shamsher Singh) Personal Information: - 1 Father’s Name: S. Darshan Singh 2 Date of Birth : 11-04-1981 3 Gender : Male 4 Martial Status: Married EDUCATIONAL INFORMATION: YEAR DEGREE/ CERTIFICATE UNIVERSITY/BOARD PERCENTAGE/DIVISION 2015 Ph.D. Guru Nanak Dev University, Degree has been Amritsar. awarded by the Syndicate of Guru Nanak Dev University, Amritsar at its meeting held on 29/06/2015 (Ph.D. Gazette Notification No. Ph.D/2/2015-2016) December Pre-Ph.D Course Work. Guru Nanak Dev University, Amritsar A+ Grade 2010 June 2010 JRF UGC ------------------------ 2006 LL.M. Guru LL.MNanak ( Dev2Y University, Amritsar 63.8% 1ST 2004 LL.B. (FYIC) Guru Nanak Dev University, 62.5% Regional Campus, Gurdaspur 1ST 2002 B.A., (Laws) Guru Nanak Dev University, 60.8% Regional Campus, Gurdaspur 1ST 1999 10+2 Punjab .School Education Board 65.1% 1ST 1997 Matriculation Punjab School Education Board 62.6% 1ST AREA SPECIALIZATIONS/RESEARCH INTEREST: Environmental Law. EXPERIENCE: Teaching Experience: 9 years Research Experience: 1. LL.M. Dissertation: Constitution and the Law relating to Bio-Medical Waste Management in India- An Appraisal. 2. Ph.D. Thesis: Sustainable Development and Environment Protection Laws in India with Special Reference to Air Pollution in Ludhiana City. Research Papers: Sn Title of Paper Name of Published By ISSN/Refereed/ Peer Vol./Edition/Pg Journal Reviewed/Registered No.
    [Show full text]