EARTH JUSTICE – DEVELOPING A NEW (Elective Course for 4th year BAL/BBL students) ( 4 Credits – 60 Hours) Faculty: Dr. Manjeri Subin Sunder Raj

COURSE DESCRIPTION: ‘The poetry of earth is never dead’ On the Grasshopper and Cricket, John Keats Laws that protect the environment have always taken an anthropocentric approach and this has led to a situation wherein the environment is protected for humans and not for its own sake. While there has been a notable change in the conceptualisation of rights and an added importance been meted out to duties, times have changed in so far as extending such moral rights to entities beyond humans are concerned. The earlier notion that only humans need be considered- or are the only worthy component, has been challenged. It has been highlighted that there is no need to consider them as separate; but rather they form one part of a larger community. Thus, by extending this concept of intrinsic value, ethical and moral rights are provided to all entities. This course aims to deal with the much-needed shift from an anthropocentric approach to a more desirable approach- an eco-centric one. This is in line with the Goal 12.8 which lays down that by 2030, we should ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with . COURSE OBJECTIVES 1. To enable an understanding of the theories of environmental governance which shapes policies and legal systems around the world. 2. To initiate debate among students as regards the very basis of as we know of and help them achieve a better understanding of how environmental law should be. 3. To enable the students to appreciate and understand the different legal and policy initiatives which foster an eco-centric approach and the challenges that need be overcome to make it a reality. 4. To foster a critical approach and to develop creative thinking in students in order to help them deconstruct the current environmental legal regime and propose a change towards attaining an Earth-centric approach- Earth Justice. 5. To provide a roadmap to achieve Goal 12.8 of the Sustainable Development Goals. COURSE OUTCOMES: On completion, the students will be able to 1. Critically analyse the existing environmental legal regime and identify its shortcomings.

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2. Understand that the anthropocentric approach that environmental laws follow is intrinsically wrong and there needs to be a paradigm shift in the way in which environmental law is conceived. 3. Evaluate the difference between the existing anthropocentric approach and the proposed eco-centric approach, and relate to the latter which will help them have a better understanding of their role and responsibilities in this world. 4. Apply legal theories to the natural world, thereby creating an extension of environmental, constitutional, human rights and and . 5. Hone their earth-advocacy skills by considering ethical, moral and legal rights of all life-forms and other entities, and be an Earth Lawyer. 6. Identify a roadmap towards achieving Goal 12.8 of the Sustainable Development Goals.

TEACHING METHODOLOGY: Lectures, Group Discussions, PowerPoint Presentations, Simulation Exercises, as per the requirement of each Unit. A Socratic method of learning will also be followed, with an emphasis on critical thinking.

UNIT 1: PRELIMINARIES 6 hrs Learning Outcome: This Unit aims at putting across the basic problems that plague the environmental legal regime, the wrong approach they take, and the reason as to why they fail. On completion, the student will be able to identify the need, the necessity and the rationale for a revamped legal system. Conceptualization, Issues - Why do environmental laws fail? Need for an Ethical Framework of Law, Foundational basis of People over Nature, Instrumental value UNIT 2: DOES NATURE HAVE RIGHTS? 8 hrs Learning Outcome: The Unit puts across the concept of standing and the student will learn as to why the same need be extended to entities apart from humans as well. It also will help them evaluate the judicial interventions in this respect and as to whether they have served a purpose. Standing- Legal Basis of standing, Extension of standing, Judicial interventions, PIL UNIT 3: ENVIRONMENTAL ETHICS 8 hrs Learning Outcome: This Unit aims at making the student aware of various theories that detail environmental ethics. The student will be able to distinguish the anthropocentric and eco-centric approaches after completion of this Unit. The Unit will also help them chalk a route map towards a new environmental ethic. Schools and Theories- Anthropocentrism and Ecocentrism; Disenchantment and re- enchantment- Social Ecology, Future of Environment Ethics

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UNIT 4: DEEP ECOLOGY AND WILD LAW 6 hrs Learning Outcome: This Unit helps the student understand the Intrinsic Value recognition concept by placing thrust on the ideals of Deep Ecology and Wild Law. The student will, after completion of this unit, be able to realise the need for a legal recognition that need be given to non-human entities, based on their intrinsic value. Conceptualization, Consideration of Non-human entities, Intrinsic value recognition- services, commodification of nature, Teachings of Arne Naess- Ecosophy UNIT 5: EARTH JURISPRUDENCE 6 hrs Learning Outcome: The student will learn the basics of and the method in which a new environmental legal order can be created. By delving into the international developments that helped this line of thought to grow, the student will be able to identify the importance and the role that different institutions do play in help attaining a new legal order. Earth Law- Shaping and creating a New Legal Order, Concretization of an idea, Teachings of Thomas Berry, Principles of Environment Justice, International developments UNIT 6: INTERNALIZING EARTH JURISPRUDENCE PRINCIPLES IN LAW 12 hrs Learning Outcome: This Unit helps the student learn about the various legal, policy and related changes that have been initiated in various jurisdictions and how they have been implemented. The student will be able to identify the challenges, the methods used to overcome those challenges and the ways in which such rights are implemented in various jurisdictions across the world. Emergence of a new legal order, Rights based laws - Local, State, National and International levels; Implementing – Various jurisdictions, United Nations initiatives UNIT 7: COMMUNITY- NATURE SYMBIOSIS & SPIRITUAL AND RELIGIOUS INITIATIVES 8 hrs Learning Outcome: After successful completion of this unit, the student will be able to identify various traditions and customs, that promote an eco-centric approach, and ways in which those have been/can be imbibed into the legal system or given legal recognition. The student will also be able to identify challenges that the legal system face and propose solutions. Environmental Justice- Eco feminism- Indigenous people – Sustainable practises- Traditions and customs - Religious and philosophical moorings – Initiatives by religious heads – Imbibing these into the legal system- challenges UNIT 8: ADVANCEMENT OF RIGHTS OF NATURE & IMPLEMENTING EARTH JURISPRUDENCE 6 hrs Learning Outcome: After completion of this Unit, the student will be able to catalogue the rights of nature and identify newer avenues and methods to foster this line of jurisprudence. The student will learn about the need to treat as a crime against humanity and the

3 legal challenges to recognising the same. They will also be able to identify ways to reform the law, both internationally as well as nationally. Cataloguing Rights of Nature- Need to treat Ecocide as a crime- ICC-Harmony with Nature- RoN Tribunals- Way Forward- Law Reform

SCHEME OF EVALUATION

 CIA I – Class Test / Assignment / Presentation – 10%  CIA II – Mid Semester Examination – 25%  CIA III – Research Paper – 10%  Attendance – 05%  End Semester Examination – 50% TOTAL 100% SUGGESTED READINGS:

1. Suo Motu v. Chandigarh Administration, CWP 18253/2009 decided on 02/03/2020 2. Report of the United Nations Secretary General, Harmony with Nature, July 2020, available at https://undocs.org/en/A/75/266 3. Supplementary report 2020, United Nations Secretary General, Harmony with Nature, available at http://files.harmonywithnatureun.org/uploads/upload1019.pdf. 4. Dr. Manjeri Subin Sunder Raj, Earth Justice: Developing a New Jurisprudence, Thomson Reuters, Legal, Thomson Reuters South Asia Private Limited, 2019. 5. Sustainable Development: Harmony with Nature, UN report, Dec 2019, available at https://undocs.org/en/A/RES/74/224 6. Karnail Singh and others v. State of Haryana, CRR-533-2013, decided on 31/05/2019 7. Narayan Dutt Bhat v. UOI Writ Petition (PIL) No. 43 of 2014, decided on 04/07/18. 8. State of Uttarakhand and Ors. v. Mohammed Salim and Ors., Petition to Special Leave to Appeal No. 016879/2017. 9. Lalit Miglani v. State of Uttarakhand and Ors, WP (PIL) No. 140 of 2015. 10. Mohammed Salim v. The State of Uttarkhand Writ Petition (PIL) No.126 of 2014. 11. David Boyd, The Rights of Nature: A Legal Revolution that could save the world, ECW, 2017. 12. Cormac Cullinan, Wild Law: A Manifesto for Earth Justice, Chelsea Green Publishing, Vermont, 2011. 13. Peter Burdon (Ed.), Exploring Wild Law, The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011. 14. Cormac Cullinan, A History of Wild Law, in Peter Burdon (Ed.), Exploring Wild Law- The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011. 15. Christopher Stone, Should Trees Have Standing? Law, Morality, and the Environment, Oxford University Press, London, 2010.

* This is just an initial reading list. More materials will be sent across before every lecture, which the student is expected to read and come.

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