Two. Environmental Law - meaning and purpose.
What is environmental law?
Importance of environmental law
Provision of Environmental Law in India
Policy and Laws in Medieval India (sixteen hundred thirty-eight to eighteen hundred AD)
Laws in British India (eighteen hundred to nineteen forty-seven AD)
Laws after Independence (nineteen forty-seven)
Environment and the Indian Constitution
Role of Panchayat and Municipalities
The matters which are related to environment in the twelfth Schedule may be enumerated as follows:
Public Interest Litigation (PIL) and Judicial Activism:
Four. General Laws and Environment Protection- application of Tort law, Indian Penal Code and Criminal Procedure Code.
Types of environmental crimes
Constitution and judicial intervention
Approach and exercise of procedural rights
Prominent principles guiding the Indian courts
Environment protection under the common law
Strict liability and absolute liability
Environment protection under the penal/criminal law Indian Penal Code, eighteen sixty
Criminal Procedure Code, nineteen seventy-three
MODULE two: two point one Environment Protection from International Perspectives-
United Nations Framework Convention on Climate Change
Convention on Biological Diversity (CBD):
Historical background and scientific foundation
International Environmental Law
Multilateral Environmental Agreement
Sustainable Development Goal
International environmental law governance
Reasons for environmental crisis
India and its impact on climate change
Two point two Environment Protection-Significant Concepts and Principles-
Sources of International Environmental Law
Principles of International Environmental Law
Principle of good neighborliness and international cooperation
Principle of preventive action
Principle of common but differentiated responsibility
Differentiated responsibility
The principle of sustainable development
The principle of absolute liability
MODULE THREE: THREE point ONE The Water (Prevention and Control of Pollution) Act nineteen seventy-four-
Establishments of - Central Pollution Control Board (Section three)
Joint Board (Section thirteen)
The State Pollution Control Board (Section seventeen)
Penalties and Procedure (Section forty-one - Section fifty)
Agencies for controlling Water Pollution
Functions of Central Board (Section sixteen)
State Board- State Pollution Control Board Constitution and Composition (Section four)
Functions of State Board (Section seventeen)
Prevention and Control of Water Pollution
Composition of Joint Board (Section fourteen)
Disqualification of Members (Section six)
Meetings of the Board (Section eight)
Constitution of the committees (Section nine)
Provision of appeals (Section twenty-eight)
Establishment of Central Pollution Control Board (CPCB) (Section three):
Establishment of State Pollution Control Board (SPCB) (Section four):
Joint Board (Section thirteen):
Functions of Central Pollution Control Board (Section sixteen):
Functions of State Pollution Control Board (Section seventeen):
Prevention and Control of Water Pollution (Section nineteen - Section thirty-three):
Penalties and Procedure (Section forty-one - Section fifty):
The Water (Prevention and Control of Pollution) Act nineteen seventy-four:
Three point two. The Air (Prevention and Control of Pollution) Act nineteen eighty-one -
Establishments of - Central Pollution Control Board (Section three)
What is the scope of this Act?
What is an 'air pollutant' and what is 'air pollution'?
What Boards are set up under this Act?
Constitution of the Boards
Constitution of Central Pollution Control Board
Constitution of State Pollution Control Board
Powers and functions of the Boards Functions of the Pollution Control Boards
Section sixteen lays down the functions of the Central Board-
Functions of the State Pollution Control Boards
Penalties and procedures under this Act Penalties
The curious case of Delhi
Establishment of Central Pollution Control Board (Section three):
Establishment of State Pollution Control Board (SPCB) (Section four):
Constitution of State Board (Section five):
Functions of Central Pollution Control Board (Section sixteen):
Functions of State Pollution Control Board (Section seventeen):
Prevention and Control of Air Pollution (Section nineteen - Section thirty-three A):
Penalties and Procedure (Section thirty-seven - Section forty-six):
Three point three The Environment (Protection) Act, nineteen eighty-six -
Sub- Environmental Law, SEM - two, Mumbai University New Syllabus - two thousand twenty-two to two thousand twenty-three
Stockholm Conference, nineteen seventy-two
Objectives of the Environment Protection Act
Need for the Environment Protection Act in India
Why is Environment Protection Act called an 'Umbrella Act'
The concept of Environment Impact Assessment
Environment Protection Act in India
Section two of Environment Protection Act
Powers and functions of the Central Government
Section four- Power to appoint officers
Section five- Power to give directions
Section six- Power to lay down rules to regulate environmental pollution
Section Ten. Power of entry and inspection
Section Eleven. Power to take sample and procedure to be followed
Section Twenty. Power to ask for information, reports, or returns
Section Twenty-three. Power to delegate
Section Twenty-five. Power to make rules
Prevention, control, and abatement of environmental pollution
Section Eight. Handling of hazardous substances
Sub- Environmental Law, SEM -Two, Mumbai University New Syllabus -Twenty twenty-two to twenty twenty-three
Section Fifteen. General offences
Section sixteen- Offences by companies
Section seventeen- Offences by government departments
Section five A- Appeal to National Green Tribunal
Section twenty-two- Bar of jurisdiction
Benefits of the Environment Protection Act
Drawbacks of the Environment Protection Act
Important case laws regarding the Environment Protection Act Vellore Citizens' Welfare Forum versus Union of India
M.C. Mehta versus Union of India (The Ganga Pollution Case) nineteen eighty-eight
M.C. Mehta versus Union of India (The Vehicular Pollution Case) nineteen ninety-one
General Powers of the Central Government (Section three):
Prevention, Control, and Abatement of Environmental Pollution (Sections seven to fourteen):
Penal Provisions (Sections fifteen to seventeen):
Three point four Indian Forest Act nineteen twenty-seven and Forest Conservation Act, nineteen eighty
Constitutional mandate for forest conservation
Some pertinent sections Section one: Title and scope
Section two: Restrictions on dereservation of forests and its non-forests use
Section three: Advisory committee
Section three A: Penalties
Section three B: Offences by authorities and government offices
Section four: Rulemaking power
Indian Forest Act, nineteen twenty-seven:
Forest (Conservation) Act, nineteen eighty:
Statement of Objects and Reasons for the enactment of the Act
National Green Tribunal Bill, two thousand nine
Composition of the tribunal
Qualifications of the members
Jurisdiction of the Tribunal
Who can file the application?
Procedure for filing an application or appeal
A claim for compensation can be made for the following:
Limitations to the compensation
Penalty for failure to comply with the awards or decisions of a tribunal
Case laws pertaining to various issues
Scope (Sections three to thirteen):
Jurisdiction, Powers, and Proceedings of the Tribunal (Sections fourteen to twenty-five):
Penal Provisions (Sections twenty-six to twenty-eight):
Two. The Wild Life (Protection) Act, nineteen seventy-two
Hunting of Wild Animals (section nine, eleven and twelve)
Protected Areas Sanctuaries, National Parks and Closed Area (section eighteen to forty-nine C)
Protection of wildlife in India
Overview of the Constitutional framework on wildlife protection
Overview of the Wildlife Protection Act, nineteen seventy-two
Important provisions of the Wildlife Protection Act, nineteen seventy-two Preliminary
Director of Wildlife and Chief Life Warden
Power of delegation of the Director of wildlife preservation and Chief Wildlife Warden
Constitution of the National Board for Wildlife
Constitution of the State Board for Wildlife
About the procedure and duties of the State Board
Grant of permit for special purposes under Wildlife Protection Act, nineteen seventy-two Section Twelve
Cancellation or suspension of license under Wildlife Protection Act, nineteen seventy-two Section Thirteen
Scheduled species under Wildlife Protection Act, nineteen seventy-two
Sanctuaries under Wildlife Protection Act, nineteen seventy-two Section eighteen
Section twenty-four and Section twenty-five
Hunting and poaching are prohibited under the Act with exceptions
Hunting under Section eleven
Hunting under Section twelve is permitted
Hunting rights of scheduled tribes under Section sixty-five
Under Section thirty-nine hunted animals to be government property
Under Section fifty-one on the violation of laws under Wildlife Protection Act, nineteen seventy-two
The recognition of protected areas under Wildlife Protection Act, nineteen seventy-two
Sanctuaries as a protected area
On the rights of persons affected
National parks as a protected area
Central Government's power to declare the National Tiger Conservation Authority
Under Section thirty-eight K
Under Section thirty-eight L
Under Section thirty-eight O
Under Section thirty-eight U
Under Section thirty-eight V
Under Section thirty-eight X
Central Zoo authority under Wildlife Protection Act, nineteen seventy-two
Under Section thirty-eight A
Under Section thirty-eight B
Function and procedure of the zoo authority
Trade and commerce under Wildlife Protection Act, nineteen seventy-two Section thirty-nine
Prevention of offence under Wildlife Protection Act, nineteen seventy-two
This section deals with the power of entry, search, arrest and detention. It states-
Cognizance of offences under Wildlife Protection Act, nineteen seventy-two
Forfeiture of property derived from illegal hunting and trade
Current status of wildlife development under Wildlife Protection Act, nineteen seventy-two Project tiger conservation
Conservation reserves and community reserves as protected areas added by the two thousand three amendment
Improvements needed in the Wildlife Protection Act, nineteen seventy-two Issues of poaching and illegal trading persist
The Act does not cover obligations under CITES
Freshwater fish species remain threatened
Great Indian Bustard remains endangered
Consistent decline in the population of migratory birds
The Act does not address issues relating to climate change
Wildlife development versus economic development
Hunting of Wild Animals (Sections nine, eleven, and twelve):
Protection of Specified Plants (Sections seventeen A to seventeen H):
Protected Areas: Sanctuaries, National Parks and Closed Areas (Sections eighteen to forty-nine C):
Offenses against Wildlife (Sections fifty to fifty-eight Y):
Three. Rules addressing some environmental problems-
Reforms and suggestions medical
Hazardous wastes Rules nineteen eighty-nine
One. Short title and commencement
Four. Responsibility of the occupier and operator of facility for handling of wastes
Four A. Duties of the occupier and operator of a facility
Four B. Duties of the Authority
Five. Grant of authorization for handling hazardous wastes
Six. Power to suspend or cancel an authorization
Seven. Packaging, labeling and transport of hazardous wastes
Eight A. Design and setting up of disposal facility:
Eight B. Operation and closure of landfill site:
Nine. Records and returns
Ten. Accident reporting and follow-up
Eleven. Import and Export of Hazardous Wastes for dumping and disposal
Twelve. Import and Export of Hazardous Wastes for recycling and reuse
Thirteen. Import of Hazardous Waste
Fourteen. Export of Hazardous Waste
Sixteen. Liability of the occupier, transporter and operator of a facility
Noise Pollution Rules Two Thousand
Infringement of Article Twenty-One
Various statutes for noise pollution
Aircraft Act, Nineteen Thirty-Four
The Environment Protection Act, Nineteen Eighty-Six
Noise Pollution (Regulation and Control) Rules two thousand
Police Act, eighteen sixty-one
Air (prevention and control of pollution) Act, nineteen eighty-one
Bihar Control of the Use and Play of Loudspeakers Act, nineteen fifty-five
Religion vs. noise pollution The recent controversy
Reforms Reforms in the existing statutes
Ozone Depleting Substances Rules twenty fourteen
One. Short title and commencement.
Two. Definitions. In these rules unless the context otherwise requires,-
Three. Regulation of production and consumption of ozone depleting substances.
Six. Regulation of the sale of ozone depleting substances.
Eight. Regulation on the use of ozone depleting substance.
Ten. Regulation of import, export and sale of products made with or containing ozone depleting substances.
Thirteen. Procedure for registration, cancellation of registration and appeal against such orders.
Fourteen. Monitoring and reporting requirements.
Solid Waste Management Rules twenty sixteen
Solid Waste Management Rules, twenty sixteen Important Terms
Duties of Waste Generators
Duties of Ministry of Urban Development
Duties of Ministry of Agriculture, Government of India
Duties of the Ministry of Power
Duties of Ministry of New and Renewable Energy Sources
Duties of the Central Pollution Control Board
Duties and Responsibilities of local authorities and village Panchayats of census towns and urban agglomerations
Criteria for setting up solid waste processing and treatment facilities.
Criteria and actions to be taken for solid waste management in hilly areas
Criteria for waste to energy process
State Level Advisory Body
Time frame for implementation
Specifications for Sanitary Landfills
Important Provisions updated in the Solid Waste Management Rules, twenty sixteen Segregation at source
Collection and disposal of sanitary waste
Collect Back scheme for packaging waste
Waste processing and treatment
Promoting the use of compost
Promotion of waste to energy
Revision of parameters and existing standards
Management of waste in hilly areas
Constitution of a Central Monitoring Committee
Bio-Medical Waste Rules, twenty sixteen:
Hazardous Waste Rules, nineteen eighty-nine:
Noise Pollution Rules, two thousand:
Ozone Depleting Substances Rules, twenty fourteen:
Solid Waste Management Rules, twenty sixteen: