ENVIRONMENTAL LAW
Farhan khan malek
Shri S.M. Shah Law College
This Blog is written by Farhan khan malek, a Law Graduate of Shri S.M. Shah Law College
INTRODUCTION
The environment plays a crucial role in our lives, and its destruction can significantly impact our livelihoods. Environmental laws are essential for protecting our natural resources from human exploitation. These laws provide guidelines to help us minimize harm to the environment and are continually updated to address emerging challenges. The legislation and judiciary have both played vital roles in developing these laws through significant legislation and landmark court decisions.
The word “environment” comes from the French term “environia,” meaning “to surround. “Essentially, the environment encompasses all living and non-living things that affect human life, including land, water, and air. It represents the interconnected ecosystem vital for our survival. Protecting the environment is crucial to prevent disasters that could affect both current and future generations. The Environmental Protection Act 1986 defines the environment as including water, air, and land, along with the relationship between these elements and all living beings.
DEVELOPMENT OF ENVIRONMENTAL LAW IN INDIA
The phase of Development:
1. Before 1972: Environmental protection relied on existing tort and criminal laws, with limited advancements.
2. Post to 1972: Sparked by the Stockholm conference, this period marked significant progress in environmental law and international awareness.
Key Development
“1972 Stockholm Declaration”
Established the importance of environmental rights, influencing India’s policies significantly.
“42nd Amendment “
Introduced responsibilities for both the state and citizens to protect the environment. Key articles include
“Article 48-A” State’s duty to safeguard the environment.
“Article 51-A(g)” Citizen’s duty to protect nature
“Article 47” states’s obligation to improve public health and living standards.
“Article 21” Right to a pollution-free environment.
“Judicial Influence”
In the 1980s, the Supreme Court reinforced the right to a clean environment through various rulings, establishing it as a fundamental right essential for life.
SUSTAINABLE DEVELOPMENT
Sustainable Development Meet present needs without compromising future generations. It balances social, economic, and environmental needs, addressing issues like climate change while promoting a just society. Historically, development often prioritized immediate needs, leading to problems like financial crises and environmental degradation. The goal now is to create innovative solutions that benefit both current and future populations, such as encouraging walking or cycling for better health and savings.
Development choices significantly impact everyone, with poor planning affecting quality of life and food security. Sustainable development promotes better decision-making, integrating health and community planning. Achieving sustainability requires collective action, with individuals making changes and governments leading systemic efforts. Organizations like the Sustainable Development Commission facilitate this transition through guidance and capacity building.
Ultimately sustainable development aims for a harmonious balance of economic, social, and environmental needs, ensuring a healthier future for all.
OVERVIEW OF ENVIRONMENTAL LAW AND ITS PRINCIPAL
Environmental law is designed to protect our natural world and promote sustainable practices across different levels of international treaties to locale regulations. It often includes constitutional rights that recognize the importance of a healthy environment. Key components of this law include command-and-control regulations that set specific limits on pollution, environment assessments that evaluate the potential impacts of proposed projects, and economic incentives that encourage businesses to adopt cleaner practices.
Several guiding principles shape these laws. The precautionary principle suggests taking preventive action when there’s uncertainty about environmental harm. The prevention principle focuses on addressing issues before they escalate, while the “polluter pays” principle holds those responsible for pollution accountable for the damage they cause. Together, these principles create a comprehensive framework for environmental governance, ensuring that communities can actively participate in decision-making processes that affect their environment.
DEAL WITH CLIMATE CHANGE
The proposed “Climate Superfund Act “aims to hold large carbon producers accountable for their historical emissions, requiring them to pay for their share of climate-related damages. Specifically, this means that companies will need to contribute financially based on the emissions they have released from 2000 to 2019. While the act uses the term “damages” it closely resembles a retroactive carbon tax, raising important questions about its true purpose and effectiveness. By framing the payments as damages, the legislation seems to deliberately avoid the word “tax” likely to sidestep political and legal pushback that such terminology might provoke. However, this approach effectively places a price on carbon emissions, suggesting it functions more like a tax on carbon-based fuels. This raises further concerns about how fair and effective the act will be in addressing the pressing challenges of climate change, as well as its potential impact on both the economy and public perception of climate accountability.
References:
· https://lawbhoomi.com/introduction-to-environment-and-environmental-law/
· https://www.lloydlawcollege.edu.in/blog/environmental-law.html
· https://www.sd-commission.org.uk/pages/what-is-sustainable-development.html
· https://www.britannica.com/topic/environmental-law/Levels-of-environmental-law