by IJLMH | Nov 18, 2019
This article focuses on the climatic change which is happening across the globe which has been caused by the manufacturing industries such as Vedanta Ltd. with specific reference to India. A case study has been conducted through empirical research in the regions of Tuticorin where mining and copper smelter plant has been shut due to the environmental and climatic threats they were posing. The article starts off with the conventions relating to climatic changes at the global platform and the obligations they impose on the signatory parties. The article also focuses on the need of a sustainable development in a way that it does not hamper the development of the nation in parallel to the current needs.
The article then specifically addresses the issue of climatic change in Tuticorin caused by Vedanta Ltd. and how it is affecting the local residents. The researcher has given a few recommendations as to what can be a feasible way to curb this issue and ensure that the balance of the nature is not disturbed.
by IJLMH | Oct 30, 2018
The world health organization (WHO) has observed that over 70 percent of all human ailments are influenced by environment deterioration. The industries are the sources of hazardous emissions and effluents. The use of chemicals insecticides and pesticides in agriculture also leaves dangerous residues. Transport, whether by land or water or air contaminate the environment. Public health infrastructure- sewage, garbage and drainage- has a detrimental impact on the environment. The food we eat, the water we drink, and the house we live in are not free from contaminants, affecting our health and causing a spectrum of ailments.
The judiciary to fulfill its constitutional obligations was and is always prepared to issue ‘appropriate’ orders, directions and writs against those people who cause environmental pollution and ecological imbalance. This is evident from a plethora of cases decided by it starting from the Ratlam municipality case . This paper aims to bring attention to the evolution of Environmental laws through judicial activism and precedents since then through various case laws which raised questions of laws pertaining to the same. When the duty of court has been invoked to uphold the resources of the state as part of their functioning, various interpretation and implementation of environmental laws have come into picture. This paper emphasizes on the Principles and Doctrine propounded by Indian Judiciary. Few of them are Principle of absolute liability evolves in the case of M.C. Mehta v. Union of India , Polluter pays principle in the case of Indian council for enviro-Legal Action v. Union of India , and many more. The method of research is doctrinal in nature as it deals with pre-existing documents and from recent resources including various landmark judgments.
by IJLMH | Aug 29, 2018
“Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.”
Human beings are rational animals and hence every human being by the very virtue of his birth is entitled to certain basic, inalienable rights which are also known as ‘Human Rights’. They not only ensure to establish ones identity as a human being but also make sure that humans are treated in a right and dignified way by every element in their surroundings. Nature is no exception to this rule and so right to a clean, healthy environment holds a special place to be one of the rudimentary rights of human beings. Our Indian constitution not only takes pride in being a extensive document but also as the one having specific provisions with regard to environment and its protection. But in all these attempts to exercise his rights, man is not on the same page with nature.
With the advantages of development and new innovations also come the disadvantages. But whether we are really using our intellect and conscience to keep the balance between nature and development is an aspect which needs introspection. This paper attempts to highlight the level of environmental degradation caused due to human interventions and to ameliorate human mindset through judicial decisions and doctrines for the sake of present and future generations.
This paper tries to analyze the various rights available to humans in a plethora of documents and legislations with respect to natural environment and its use, misuse and violations by the right holders.
