Environment

National Adaptation Fund: An Analysis

By Sagarika Chandel, KIIT School Of Law, Bhubaneswar.

The Adaptation Fund is a financial instrument under the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol that has been established with an objective to finance concrete adaptation projects and programmes in developing countries that are party to the Kyoto Protocol. This is an effort to reduce the adverse effects of climate change as faced by different communities, countries and sectors. This fund was proposed in 2001 and made operational in 2009. Activities supported by the fund include: (more…)

By LexQuest Foundation, ago

WTO’s response to the Trade-Environment Nexus

By Aakanksha Mishra, Gujarat National Law University,  Gandhinagar.

The World Trade Organization was fashioned by the international order to promote free trade: to remove barriers between countries, to allow them to concentrate on products with a comparative advantage, leading to maximum international productivity. This, however, often challenges rules protecting the environment.  Even though the WTO has shown an increasingly open approach towards environmental issues, free trade is still the organisation’s backbone and trade liberalisation its main goal. International environmental law, on the other hand, provides the global institutional means for engaging in the global ecological challenges. It comprises of a loose affiliation of treaties, principles and customs and is a complex system of law which is still evolving and is further exacerbated by a dizzying array of stakeholders. There is considerable tension between the environmental goals and the rapid growth in international trade that places pressure on the earth’s ecosystems. (more…)

By LexQuest Foundation, ago

Legal Battle of Greenpeace

By Trishala Sanyal, AKK New Law Academy.

Miss Priya Pillia is a Greenpeace activist holding a valid six months business visa to visit London. She was invited by the British Parliamentarians to address them on January 14, 2014 to talk about the ongoing campaign of Mahan, Madhya Pradesh where the proposed coal mining project by Essars a London based Company has been treating the local community to clear the forest and uproot them. Sadly, her noble motive was halted by the airport authorities when her passport was stamped OFFLOAD without any prudent clarification. She was told that she was banned from leaving India although she had no criminal convictions against her but her spirit was shaken off with the restrictions. She did address the Parliamentarians by Skype. (more…)

By LexQuest Foundation, ago

Swachh Bharat Mission: A boon to India’s GDP

By Trishala Sanyal, AKK New Law Academy.

2nd October 2014, the day gave us the real meaning to celebrate Mahatma Gandhi’s birthday. Our honourable Prime Minister Shri  Narendra Modi initiated the mission of “Swachh Bharat” with the two fold intention. Firstly, to create awareness amongst the public about GDP of the nation being affected because of the filthy conditions of the roads and public places. (more…)

By LexQuest Foundation, ago

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…)

By LexQuest Foundation, ago

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…)

By LexQuest Foundation, ago

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…)

By LexQuest Foundation, ago

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…)

By LexQuest Foundation, ago

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…)

By LexQuest Foundation, ago