MODULE III- History & Development of Environmental Law in India.
1. Protection of Environment during British Period – Major Legislations,
2. Protection of Environment during Post Independence Period – Tiwari Committee,
Ministry of Environment, Forest and Climate Change,
3. Introduction – Indirect Provisions, Direct Provisions,
(a)42nd Constitution Amendment Act, 1976 - Directive Principles of State Policy and
Fundamental Duties,
(b) Development of Fundamental Right to Environment - Judicial Role, Expansion of
Locus Standi, PIL, Constitutional Remedy for Protection of Environment, Dynamic
Interpretation of Article 21, 14 & 19 of the Constitution, Right to Wholesome
Environment – Right to Clean and Pollution-free Environment, Right to Water,
4. Incorporation of International Principles under Indian Constitution (through case law)
– Sustainable Development - Precautionary and Polluter Pays Principles,
-Absolute and Strict Liability, -Doctrine of Public Trust, Inter-Generational Equity
5. Environmental Protection and Law of Torts – Tort of Nuisance: Public and Private – Tort
of Negligence – Tort of Trespass – Environmental Torts.
6. Provisions under Indian Penal Code, 1860 & Code of Criminal Procedure, 1973,
MODULE IV- Protection of Environment under different Laws. [Link].04 - 14
Hours- Comprehensive
1. The Water (Prevention and Control of Pollution) Act of 1974 - The Framework of the
Act,
- Regulatory Mechanism: Its Powers and Functions,
-Offences and Penalties under Water Act,
- Role of Judiciary in Prevention of Water Pollution– An appraisal.
2. The Air (Prevention and Control of Pollution) Act of 1981
- Framework of the Act,
- Regulatory Mechanism: Its Powers and Functions,
-Offences and Penalties under Air Act,
-Role of Judiciary in Prevention of Air Pollution- An appraisal
3. The Environment Protection Act (EPA) of 1986 - Main Aims and Objectives of the Act,
- Violation and Penalties under the Act,
-Role of Central Government and Role of Judiciary- An appraisal
4. Hazardous Waste Management and Handling Rules, 1989;
5. Biomedical Waste Management and Handling Rules 1998 (as amended in 2011 and 2016);
6. Noise Pollution Regulation and Control Rules 2000 (as amended in 2010),
7. Environment Impact Assessment Notifications, 2006
8. National Green Tribunal Act, 2010.
9. Coastal Zone Management- Coastal Zone Regulation, 1991 (as amended in 2011)
MODULE V- Biodiversity & Wildlife Protection. [Link].04 - 15 Hours-
Comprehensive
10. Importance of Forest and need for its Conservation, Indian Forest Act, 1927 and its
Salient Features, Forest Conservation Act, 1980 and its Salient Features.
12. Biological Diversity Act, 2002 and its Salient Features,
13. The Wildlife Protection Act 1972 - Sanctuaries and National Parks, Licensing of Zoos
and Parks.
1. Indian Forest Act, 1927
2. Forest Conservation Act, 1980
3. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006
4. Biological Diversity Act, 2002
5. The Wildlife Protection Act 1972 - Sanctuaries and National Parks, Licensing of Zoos
and Parks.
