New Mining and Forest Laws: Xaxa Committee Report and its Impact on Adivasis

By Sanya Darakhshan Kishwar, Central University of Bihar, Gaya.

In India, as in other countries rich in mineral resources, indigenous communities are facing a multi-dimensional invasion of their lands by mining companies that invariably seem to form part of mining and metal producing operations. Many of the areas where Adivasis live are rich in minerals, so as mining-based projects proliferate, boosted by foreign investment seeking profits from India’s resources, their impact on Adivasis has become enormous. (more…)

Animal Abuse: The Indian Scenario

By Trishala Sanyal, AKK New Law Academy.

 “Unseen they suffer, unheard they cry

In Agony they linger, in loneliness they die

Does it mean anything to you or anyone who passes by?”[1]

These lines are completely apt for animals that are often exposed to the cruelty and brutality of human civilization. Few days back, Kai, a crossbreed dog was seen tied to a railing outside the Scotland Railway station with a personalised suitcase. The dog that was bought online was abandoned by its family. “This case highlights the potential consequences of selling an animal online as it often leads to the impulse buying of pets that people know very little about[2].” (more…)

Environmental Law: Indian Scenario

By Deepali Bagla, Pravin Gandhi College of Law, Mumbai.

India has always been conscious about the environment and it has been framing laws to protect the environment even before it got independence. The development of Indian laws relating to environment protection is divided into two aspects i.e. Pre 1972 Development and Post 1972 Development. Before 1972, the main laws regarding environment protection were tort laws, laws regarding water, criminal law, easement laws, forest laws and special laws regarding hazardous substances. The Indian Constitution does not directly talk about the Environment Protection, but gives fundamental right to life i.e. Article 21 to its citizen, which is treated as the right to enjoy wholesome environment. (more…)

National Green Tribunal: An Analysis

By Siddhant Sharma, Amity Law School, Jaipur.

The setting up of the National Green Tribunal (NGT) was a result of lack of expert knowledge needed to settle cases relating to environmental issues.

Indian Courts had been entertaining environmental issues by the means of writs and PILs, but the technicalities were missed by the judiciary as expert knowledge is a must to decide such cases. The rise of environmental issues increased after the very well-known interpretation of the judiciary saying that ‘Right to clean and healthy environment’ is part of our fundamental rights (the same being interpreted within the scope of Article 21 of the Constitution of India). This was when the Courts directed expert committees that if any environmental issue knocks the Court of Law, the committee would prepare a report for the court’s interpretation. But such reports of the expert committees were not interpreted in technical terms by the court of law, thus defeating the whole point of setting up such committees. (more…)

Water Policy in India: A Review

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Water is the most precious resource on earth still it remains a myth to our existence, being one of the most abundant resources on earth but less than 1 percent of the total supply is reliably available for human consumption. Portable-water is essential for human survival but water-related illnesses are the most common health threat in the developing world. An estimated 25, 000 people die every day as a result of water-related diseases Human existence depends on water. Water interacts with solar energy to determine climate and it transforms and transports the physical and chemical substances necessary for all life on earth. Competition among agriculture, industry and cities for limited water supplies is already constraining development efforts in many countries including India. As populations expand and economies grow, the competition for limited supplies is most likely to intensify, resulting in potential conflict situation among water users in days to come. Despite shortages of water, its misuse is widespread, be it in small communities or large cities, farmers or industries, developing countries or industrialized economies everywhere the mismanagement of water resources is evident. Surface water quality is deteriorating in key basins from urban and industrial wastes.  (more…)