Journal on Environmental Law Policy And Development Vol-4 (2017)
About the Journal
The Journal of Environment Law Policy and Development, an annual peer reviewed journal of the Centre for Environmental Law Education, Research and Advocacy has released six volumes and is in the process of releasing the seventh volume. Over the years the Journal hasfeatured articles on different themes of environmental law ranging from the governing principles of environmental law, the adjudicatory authorities and their roles in dispensing environmental justice, waste management, and climate change to other contemporary issues in the domain of environmental law and policy.
JELPD is listed under the University Grants Commission – Consortium for Academics and Research Ethics (UGC-CARE) and is a double blind peer reviewed journal with and ISSN No. 2348-7046.
Abstract of JELPD Volume 4
Prof. (Dr.) N.R. Madhava Menon
This article reflects the basic requirement of environmental law education as a critical component for environmental preservation and conservation. The concern for environment protection has led to a situation wherein it is quite pertinent to include the culture of environmentalism in an educational institution so as to ensure that the citizens of tomorrow do their part to protect the environment. Delving into ancient wisdom and culture, which promulgated environment protection, the article conveys the message as to how the concept of sustainable development has been enshrined in our Constitution and put into practice at various levels of governance. This article also goes on to stitch together the core ideas for conservation and environmental education and weave them into an educational curriculum, thereby stressing upon the importance that it has in current times.
Prof. (Dr.) Armin Rosencranz and Manan Shishodia
This article focuses on the issue of Mining in Forest areas, with special emphasis on Vedanta. Analysing a plethora of decisions of the Supreme Court of India on mining, which has become a chief revenue-generating activity, the authors aim to throw light on the rationale and the importance that the decisions have. Highlighting four major cases, in the recent past, the authors showcase the active and energetic steps taken by the local communities and environment protectors, alike, to protect the environment. They also look into the rationale of the courts, which arriving at such decisions and examine them as regards their feasibility and applicability.
Supreme Court Ban on Diesel Vehicles: Whether
the Law on Abatement of Air Pollution in India has been Effective?
Bhat and Sharan Balakrishna
Since the 1990s,
the Supreme Court of India has played an activist role towards controlling air
pollution in Delhi by directing the Administration to enact stringent
far-seeing measures to ensure a long term improvement in air quality. However
the short terms gains from those measures have been largely neutralised by an
exponential rise in motor vehicles and emissions, especially in the Delhi NCR
region. Recently with the NGT Ban on diesel engines, once again, the Supreme
Court is required to play an important role in ensuring the Administration
implements effective measures. With air quality sharply deteriorating,
especially during winter, the Court in2015,
banned diesel engines
larger than 2000cc.
The authors intend
to critically analyse this decision, among other recent measures
enforced by the Delhi Administration, and gauge whether they may have a similar
long lasting effect on Delhi’s air quality. Furthermore, the article attempts
to probe into other possible long terms solutions, if implemented, would be
effective in NCT Delhi. In doing so, the authors has also analysed measures
taken by other cities across the world, in battling air pollution.
Toxic Tort Litigants and Access to
Justice in India –Challenges Faced by the Claimants
adage prevailing in the justice system is still a
fallacy in the mind of some poor and downtrodden inhabitants in India. Environmental justice, categorically insists the legal system to scrutinize the claims for personal injury arising within its domain, especially the claims of poor and downtrodden class of people. In India, it is high time to change the legislative and judicial policy while considering the claims based on serious toxic tort litigations. One of the legal barriers in India is the bar of claim due to the law of limitation. The plaintiff’s burden to prove the general and specific causation also creates certain obstructions. Imposing of heavy court fee may also restraints him from filing suits since he may not be financially fit to overcome it. These issues directly erode the plaintiff’s right to access to civil justice in toxic tort cases.
Trade in forest products and the World Trade Organization: Whether Forests are at Risk?
Bipin Kumar analyses the issue on Trade in Forest Produce, especially in light of WTO. He argues that sustainable management of forest resources is far from a new concept in forestry. In this context, the relationship between trade measures and forest management is of great importance. The regulatory framework impacting trade in timber and wood products is evolving rapidly and becoming more complex for addressing issues such as tariffs, export taxes and subsidies, as well as non-tariff measures designed to tackle illegal logging and prevent the spread of pests and diseases. In this paper, the author considers the implications of trade liberalization under the WTO for one very important natural resource – forests. In the course of the paper, the author analyses the current measures at the WTO dealing with trade in forest reserves and forest products. The author also examines the impact of the same on world trade in forestry with an aim to propose a balance between the sustainable development of forest reserves and increase in world trade.
Protecting the Environment – A Way of Life.
Manjeri Subin Sunder Raj
In yet another contribution from the author, he emphasises the need to bring about an attitudinal shift in our way of life and in our view of environmental protection, through religion, especially Hinduism. Religion has by and large, played a great role in fostering environment protection, touching upon the duty aspect
rather than the right aspect. Following this approach, it is felt, is a bit more successful than the rights based approach, which has not been able to imbibe and ingrain, in man, the seeds of better environment protection. Hinduism, more of a way of life, than a religion, has been able to enshrine a lot of principles that augurs and augments environment protection. The author, delving into various aspects and concepts of Hinduism which promote harmony with nature, aims at internalising these age old concepts and traditions into law.