000			06729nam a2200157Ia 4500
020			_a8120344367
082			_a333.7026 _bVEN
100			_aVenkat, Aruna
245			_aEnvironmental law and policy
260			_aNew Delhi _bPHI Learning Pvt Ltd _c2011
300			_axvi,464p.
500			_aCONTENTS Preface vii List of Cases ix Abbreviations xv INTRODUCTION 1-11 The Concept of Environment 3 Developmental Impact on Environment 5 The Concept of Sustainable Development 5 International Efforts for the Protection and Preservation of Environment 7 Indian Efforts to Combat Environmental Pollution 8 Constitutional and Legislative Measures 8 Judicial Initiatives 9 1 ENVIRONMENTAL PROTECTION: International Legislative and Administrative Efforts 12-50 The Stockholm Conference, 1972 13 The Stockholm Declaration 13 Resolution on Institutional and Financial Arrangements Resolution on Action Plan 17 Post-Stockholm Developments up to Rio Conference 18 Administrative Measures for the Implementation of Stockholm Recommendations 18 Subsequent Developments 19 Administrative Measures 22 United Nations Conference on Environment and Development (UNCED), 1992 (Rio Summit) 23 Rio Declaration 23 Agenda 21 25 Forest Principles 27 United Nations Framework Convention on Climate Change (UNFCCC). 1992 27 The Biodiversity Convention, 1992 27 Post-Rio Summit Developments up to Johannesburg Summit 28 The Cairo Conference on Population and Development, 1994 28 SAARC Conference, 1995, 1997 and 2002 29 The United Nations Conference on Human Settlements, 1996 30 Earth Summit + 5 Programme for the Further Implementation of Agenda 31 The United Nations Millennium Declaration, 2000 33 The Kyoto Protocol, 1997 34 Follow-up Administrative Measures 35 The Delhi Sustainahle Development Summit (DSDS), 2002 35 The International Law Association (ILA) New Delhi Conference, 2002 ' 37 Global Judges Symposium to Strengthen World's Environment Related Laws 39 The World Summit on Sustainablc Development 41 The Copenhagen Conference and Copenhagen Accord 44 Post-Copenhagen Developments 48 The Indian Responses to Copenhagen Accord 49 Summation 49 2 ENVIRONMENTAL PROTECTION: Constitutional Perspectives 51-78 Constitutional Commitment to Environmental Concerns 52 The Right to Hygienic Environment: Constitutional Conspectus 55 The Right to Hygienic Environment: A Derivative Right of the Right to Life 57 Judicial Transformation of Unenforceable Positive Obligations into Enforceable Affirmative Duties 62 The Right to Clean Environment: Its Relation to Other Fundamental Rights 63 The Right to Clean Environment: Its Impact on the Rights to Trade, Occupation or Business 64 The Right to Clean Environment and the Right to Practice Religion 67 The Right to Hygienic Environment and the Right to Livelihood 68 Enforcement of the Right to Healthy Environment: Need for Expansive View of the Concept of State 77 Does the Concept of State Subsume Purely Private Companies? 73 Does the Concept of State Comprehend Judiciary? 74 3 ENVIRONMENTAL PROTECTION: Legislative Strategies 79-142 General Legislative Powers: Constitutional Division 79 Legislative Powers: Constitutional Scheme 79 Environmental Legislative Powers: Constitutional Scheme 81 Environmental Legislative Strategies 83 Pre-Constitution Environmental Legislative Strategies 83 Post-Constitution Environmental Legislative Strategies 88 Penalties 102 An Appraisal 137 Need for the Constitution of a Review Committee 137 Conclusions and Suggestions 138 4 ENVIRONMENTAL PROTECTION AND ADMINISTRATIVE STRATEGIES 143-178 Administrative Powers: Constitutional Scheme 144 Administrative Efforts in Environmental Management 145 Environmental Policy Initiatives 145 Institutional Arrangements for Managing Climate Change Agenda 168 The Creation and Functioning of Administrative Agencies 169 Environmental Protection through Subordinate Legislation 172 Protection of Environment: Authorities Created by Central Government 173 Conclusions and Suggestions 175 5 ENVIRONMENTAL PROTECTION, PRESERVATION AND ROLE OF JUDICIARY: Constitutional Format 179-194 Judicial Process, Judicial Power and the Doctrine of Separation of Powers: Constitutional Setting 180 The Traditional Concept of Judicial Process 180 The New Paradigm of Judicial Process 181 The Judicially-led Environmental Protection: Constitutional Framework 182 The Judicially-led Environmental Protection: Reasons for Judicial Activism 183 The Judicially-administered Environmental Protection Through Writ Jurisdiction 185 Article 32 of the Indian Constitution: A Tool of Judicial Activism 287 Environmental Protection and Public Interest Litigation (PIL) 188 Conclusions and Suggestions 193 6 NEED FOR PREVENTION AND CONTROL OF WATER POLLUTION: Judicial Responses and Strategies 195-271 Water Resource: Its Vital Importance 195 Water Pollution: Bane of India's Water Management 196 The Prevention and Control of Water Pollution: Kinds of Judicial Remedies 197 Civil Remedies 197 Criminal Law Remedies 254 Control of Groundwater Pollution 253 Control of Water Pollution and Problem of Water Cess: Judicial Approach 265 Conclusions and Suggestions 267 7 PREVENTION AND CONTROL OF AIR POLLUTION THROUGH JUDICIAL INTERVENTION AND ENFORCEMENT 272-360 Prevention and Control of Air Pollution: Gravity of Problem 272 Brief Legislative Framework 275 Prevention and Control of Air Pollution: Kinds of Judicial Remedies 277 Civil Law Remedies 277 Criminal Law Remedies 353 Conclusions and Suggestions 356 8 PROTECTION OF FORESTS AND ECOLOGY: Judicial Concern and Perception 361-424 Forests are Lifeblood of the Nation 361 Legislative Framework 363 Protection and Conservation of Forests and Ecology: Judicial Strategies 364 Civil Law Remedies 364 .Forest Conservation in the Region of Jammu and Kashmir 375 Forest Conservation in the North-Eastern Region 375 Preservation of Ecological Integrity: Judicial Concern and Strategies 397 Protection of Parks from Ecological Degradation 397 Protection of Ecology and Large Irrigation Projects 402 The Protection of Forests and Sustainable Development: The Customary Livelihood Claims of Tribals and Other Forest Dwellers in Forest Wealth 405 Protection of Forests and the Customary Rights of Tribals and Other Forest Dwellers in Forest Wealth 406 Protection and Conservation of Forest: Judicially Enforced Statutoiy Prescriptions 411 Protection and Preservation of Forest and Ecology: Penal Sanctions through the System of Command and Control 416 Conclusions and Suggestions 422 9 CONCLUSIONS AND SUGGESTIONS 425-452 Bibliography 453-460 Index 461-464
890			_aIndia
891			_aSchool of Planning, CEPT Uni.
999			_c10512 _d10512