Symposium on Public Policy: Urbanisation and Environmental Policies

LexQuest Foundation, in collaboration with Legal Desire Insights, is organizing an immersive one-day public policy symposium, for students and young professionals.

The Symposium aims to reflect on the environmental policies and analyze their impact concerning the contemporary urban growth landscape of our country. The discussions and presentations will focus on the need to better the present legislative framework and to fill the prevalent policy gaps.  (more…)

Yettinahole River Diversion Project

By Yashika Jain, National Law University, Delhi.

Karnataka has been contemplating over diverting waters of the west flowing rivers to the east for many years and the answer to this, as proposed by the Karnataka government, is the Netravathi River Diversion Project. Netravathi, the lifeline of Southern Kannada districts, is thus under threat. (more…)

Judiciary and the Environmental Protection Laws in India

By Anshika Juneja, Symbiosis Law College, Pune.

It is fascinating to note that natural resources have been put away virtually untouched in the Earth for a large number of years. Be that as it may, since the beginning of the industrial revolution, immeasurable measures of these resources had been exploited within a period of only two or three hundred of years at unimaginable rates, with all the waste from this abuse going straight in the environment and genuinely harming its natural procedures. Although pollution had been known to exist for a very long time, it had seen the development of really global proportions just since the onset of the industrial revolution amid the 19th century. Environmental degradation in India has been brought on by an assortment of social, economic, institutional and technological factors. Quickly developing populace, urbanization and industrial exercises have all brought about impressive disintegration in the quality and sustainability of the environment. Environmental ethics have also formed an inherent part of Indian religious precepts and philosophy. (more…)

Polluter Pays Principle: An Analysis

By Deepti Purwar, Law College Dehradun. 

Saving the environment is the need of the hour. Environment refers to the sum total of what is around us i.e. Plants, animals, humans. We cannot live without other fellow beings and our surroundings but the celerity with which we are destroying the environment will only lead to the destruction of the life from this earth. Therefore protecting the environment is of paramount importance today which is why everyone should contribute towards saving the Environment. (more…)

Partnership to Advance Clean Energy (PACE): Understanding the Basics

By Navishta Qureshi, NLIU, Bhopal.

In the present situation facing the globe, one of the most important considerations for economy of any country is the development of its energy sector. Not only from the perspective of economic production of goods, but also from the standpoint of the effect that it causes on environment, it is necessary that various countries of the world come together and co-operate with each other in order to provide energy security and fight against climate change. (more…)

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…)

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…)

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…)