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    Unit 1 Mid Sem

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    Shinjinee Namhata

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    © All Rights Reserved
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    Unit 1 Mid Sem

    Uploaded by

    Shinjinee Namhata
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    unit 1 mid sem

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    10 views10 pages

    Unit 1 Mid Sem

    Uploaded by

    Shinjinee Namhata

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 10

    Notes on Deforestation in Environmental Law

    1. Definition and Scope


    - Deforestation: The large-scale removal of forest cover, leading to loss of
    biodiversity, disruption of ecosystems, and contributing to climate change.
    - Environmental laws addressing deforestation aim to regulate activities that lead
    to forest degradation and promote reforestation and sustainable forest management.

    2. Causes of Deforestation
     Agricultural Expansion: Clearing forests for crops and livestock.
     Logging: Harvesting timber for commercial use.
     Infrastructure Development: Building roads, urban areas, and industrial
    projects.
     Mining: Extracting minerals and resources from forested areas.

    3. Environmental Impact
     Loss of Biodiversity: Extinction of plant and animal species.
     Climate Change: Reduced carbon sequestration and increased greenhouse gas
    emissions.
     Soil Erosion: Loss of fertile topsoil, leading to reduced agricultural
    productivity.
     Disruption of Water Cycles: Altered rainfall patterns and reduced water
    quality.

    4. International Frameworks
     United Nations Framework Convention on Climate Change (UNFCCC)
    REDD+ (Reducing Emissions from Deforestation and Forest Degradation):
    An international effort to create financial value for the carbon stored in forests,
    offering incentives for developing countries to reduce deforestation and invest in
    sustainable forest management.
     Convention on Biological Diversity (CBD)
    - Aims to promote the conservation of biological diversity, sustainable use of its
    components, and fair sharing of benefits arising from genetic resources.

    5. Legal Framework in India

     The Indian Forest Act, 1927


    o Regulates the rights of forest dwellers and the use of forest produce.
    o Provides for the creation of reserved forests, protected forests, and
    village forests.
     Forest (Conservation) Act, 1980
    o Requires prior approval from the central government for the diversion
    of forest land for non-forest purposes.
    o Aims to conserve forests by restricting their use for industrial or
    construction purposes without proper assessment.
     National Forest Policy, 1988
    o Emphasizes the conservation of forests and encourages afforestation
    and social forestry.
    o Advocates for maintaining one-third of the country's geographical area
    under forest and tree cover.
     Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
    Forest Rights) Act, 2006 (FRA)
    o Recognizes the rights of forest-dwelling communities to access and
    manage forest resources.
    o Aims to correct historical injustices faced by these communities by
    providing them with legal rights over forest land.

    6. Regulatory Mechanisms

     Environmental Impact Assessments (EIA): Mandatory for projects that


    involve forest land diversion, ensuring that environmental impacts are
    considered before project approval.
     Afforestation and Reforestation: Programs and schemes to promote tree
    planting and restoration of degraded forest lands, such as the National
    Afforestation Programme.
     Protected Areas: Establishment of national parks, wildlife sanctuaries, and
    biosphere reserves to protect critical habitats and biodiversity.
    Environmental Jurisprudence in India

    1. Introduction

    - Environmental jurisprudence in India refers to the body of laws, regulations,


    policies, and judicial decisions aimed at protecting the environment.

    - The Indian judiciary has played a proactive role in interpreting and expanding
    the scope of environmental laws, often using constitutional provisions to bolster
    environmental protection.

    2. Constitutional Provisions

    - Article 21: Right to life has been interpreted by the Supreme Court to include the
    right to a healthy environment.

    - Article 48A: Directive Principle mandates the State to protect and improve the
    environment and safeguard forests and wildlife.

    - Article 51A(g): Fundamental duty of every citizen to protect and improve the
    natural environment, including forests, lakes, rivers, and wildlife.

    3. Key Environmental Laws

     The Water (Prevention and Control of Pollution) Act, 1974

    - Establishes regulatory frameworks to prevent and control water pollution.

    - Central and State Pollution Control Boards (CPCB and SPCBs) are responsible
    for implementation and enforcement.

     The Air (Prevention and Control of Pollution) Act, 1981

    - Aims to control air pollution by regulating emissions from industrial plants and
    vehicles.

     The Environment (Protection) Act, 1986

    - Provides a comprehensive framework for the protection and improvement of


    the environment.
    - Empowers the central government to set standards for emissions and effluents.

     The Forest (Conservation) Act, 1980

    - Regulates the use of forest land for non-forest purposes, requiring prior approval
    from the central government.

     The Wildlife (Protection) Act, 1972

    - Protects wild animals, birds, and plants and provides for the establishment of
    protected areas like national parks and wildlife sanctuaries.

    4. Key Judicial Principles

     Public Trust Doctrine


    o Originated from Roman law, this doctrine posits that certain natural
    resources like air, water, forests, and seashores are held by the
    government in trust for public use and enjoyment.
    o Case Example: M.C. Mehta v. Kamal Nath (1997) applied this
    doctrine to protect riverbeds from commercial exploitation.
     Precautionary Principle
    o This principle advocates for preventive measures when there is a risk
    of serious or irreversible environmental harm, even if scientific
    certainty is lacking.
    o Case Example: Vellore Citizens Welfare Forum v. Union of India
    (1996) established this principle as a part of Indian environmental law.
     Polluter Pays Principle
    o The principle that the polluter should bear the cost of pollution
    prevention and control measures.
    o Case Example: Indian Council for Enviro-Legal Action v. Union of
    India (1996) reinforced this principle by holding industries accountable
    for pollution.
     Sustainable Development
    o Development that meets the needs of the present without compromising
    the ability of future generations to meet their own needs.
    o Case Example: Narmada Bachao Andolan v. Union of India (2000)
    highlighted the need to balance development with environmental
    protection.
    5. Judicial Activism and Landmark Judgments

    - MC Mehta vs. Union of India (1986) (Oleum Gas Leak Case)

    - Established the principle of absolute liability for hazardous industries.

    -Vellore Citizens Welfare Forum vs. Union of India (1996)

    - Introduced the "Precautionary Principle" and the "Polluter Pays Principle" as


    essential components of sustainable development.

    - Narmada Bachao Andolan vs. Union of India (2000)

    - Addressed the environmental and social impacts of large dam projects.

    Environmental jurisprudence in India has evolved to encompass a wide range of


    issues, reflecting a growing recognition of the need for sustainable development and
    the protection of natural resources for present and future generations. The combined
    efforts of the legislature, judiciary, and civil society continue to shape and strengthen
    the legal framework for environmental protection. The jurisprudence of
    environmental protection in India reflects a dynamic interplay between legislative
    enactments, judicial activism, and public participation. The proactive role of the
    judiciary, combined with comprehensive environmental laws, has significantly
    contributed to the development of environmental jurisprudence in India. Ongoing
    efforts to strengthen legal frameworks and enforcement mechanisms, along with
    greater public awareness and participation, are crucial for achieving sustainable
    environmental protection.

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