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DAMODARAM SANJIVYYA NATIONAL LAW UNIVERSITY

Visakhapatnam
COURSE OUTLINE
Title of the Subject: Environmental Law
Name of the Faculty: Mr. Abhishek Kumar
Hours: 65

Total No. of

Note: 1. Academic Session 6th July - 7th November, 2015 (13th July 2015 for 1st year) (Tentatively 65
Hours)
2. Cases mentioned shall have the complete citation
3. Number of Units may be added or reduced as per requirement
4. Books for Reference shall be indicated
Introduction: Environment in 21st century represents the mankind at the crossroads. The rapid changes in
pursuance of the ever-growing lust of the mankind have led to disturbance in equilibristic relationship of man
with the nature. The greed progress and comfort of mankind gives rise to a competitive relationship with life
sustaining natural elements. Human nature adversely affects the environment, which results into the damage
of life support system existing on this universe and posed threats endangering life. Considering the same, this
programme has been designed to provide a comprehensive understanding about environmental problems and
equip the students with the legal and intellectual means to facilitate development of solutions to the problems.
Objectives: This course is designed to offer the students with:
a) Awareness of the global and Indian approaches to environmental concerns of climate change, degradation
and pollution in the context of the legal provisions and the various enactments as remedial means.
b) A spirit of global obligation and responsibility and thus, as inquisitive approach to explore the
international obligations of the nation is specific and countries at large for environmental protection and
conservation.
c) Awareness on the judicial activism and spirit of the Indian constitution towards the environment and
various strategies of environment management including waste management and disaster management.
Relevance of the legal requirements to the management of environment which promotes proactive action
among the students is one of the primary objectives of the course.
Unit
No.

UNIT 1 [2Hrs.]
Topic: Introduction to Environmental Laws

1.1
1.2
1.3
1.4
1.5

Basic Environmental Concept


Ecosystems
Global Warming, Ozone Depletion and
Climate Changes
Environmental Degradation and Pollution:
Kinds, Causes and Effects of Pollution

CASES FOR REFERENCE


(List of Cases are not exhaustive
Faculty may discuss or indicate
any additional Cases)

No. of
Hours
1

Union Carbide Corporation v. UOI


(Bhopal Gas Disaster) (AIR 1990 SC
273)

Ecology and Indian Ethos

UNIT 2 [4 Hrs.]
Topic: Remedies against Environmental Pollution and Crimes
2.1
Remedies against
Pollution: Nuisance,
Union Carbide Corporation v.
Trespass and Negligence
UOI(1991) 4 SCC, pp 584
2.2
Theories of
M.C.Mehta v. Shri Ram Foods &
Inter-generational Equality
Fertilizers Industries & others. (AIR
1987 SC 965)
Sustainable Development
Precautionary Principle
Polluter Pay Principle
1

Strict Liability
Absolute Liability
2.3
Hazardous Waste Management: Hazardous
Waste (Management and Handling)
Rules,1989
2.4
Bio-Medical Waste Management: Bio-Medical
Ramji Patel & Ors. V. Nagrik
Waste (Management and Handling)
Upbhokta Marg(2000)3 SCC 29
Rules,1998
UNIT 3 [5 Hrs.]
Topic: Offences under Tort and Different Statutes
3.1
Protection of Human Rights i.e. Crime against Union Carbide Corporation v. UOI
Environment is considered crime against
(Bhopal Gas Disaster) (AIR 1990 SC
Mankind
273)
3.2
Offences under Tort
3.3
Offences under Relevant Statutory Provisions
3.3.1 IPC Sections(268-291)
3.3.2 Cr.P.C Sections(133-143)
3.3.3 CPC,1908 & Specific Relief Act,1963
3.4
Mines Act,1952
3.5
Motor Vehicles Act,1988
UNIT 4 [8 Hrs.]
Topic: Laws of Preservation and Conservation of Environment
4.1
Laws Relating to Preservation, Conservation 1. A.P. Pollution Control Board v.
and Protection of Forests, Wild life and
Prof. M.V. Nayudu (2001 (2) SCC
Endangered Species, Marine Life, Coastal
62)
Ecosystems and Lakes etc.
2. S. Jagannath v. Union of India,
(Shrimp Culture Case) (AIR 1997
SC 811)
3. Banvasi Seva Ashram v. State of
Uttar Pradesh (1987 (3) SCC 304)
4. Animal and Environmental Legal
Defence Fund v. Union of India
(AIR 1997 SC 1070)
5. Centre for Environmental Law
WWF-1 v. Union of India (AIR
1999 SC 354)
6. Rural Litigation Entitlement
Kendra v. State of Uttar Pradesh
(AIR 1988 SC 2187)
4.2
Wildlife Protection Act,1972
Center for Environmental Law,
WWF v. UOI( AIR 1999 SC 354)
4.3
Forest (Conservation) Act,1980
T.N. Godavarman Thirumulpad v.
UOI & Ors. (AIR 2000 SC 1636)
4.4
Prevention of Cruelty to Animals(Slaughter
Abdulsattar Yusufbhai Qureshi &
House) Rules,2001
Ors. V. State of Gujarat, (AIR 2008
SC 1695)
4.5
Coastal Regulations and Related Notifications S.Jagannath v. UOI, (AIR 1997 SC
811)
UNIT 5 [13 Hrs.]
Topic: International Environmental Regime
5.1
Evolution of International Environmental Law
5.2
Development through Conventions:
-Stockholm Declaration,1972
-Earth Summit,1992
- Nairobi Declaration,1982
-Ramsar Convention,1971
-Bonn Convention
2

1
2

2
3

1
3

2
7

- Copenhagen Summit
- Convention on Biological Diversity,1992
- Johannesburg Declaration,2002
-Rio+20 Conference
5.3
Development in National Law
5.4
Role of UNEP for Protection of Environment
UNIT 6 [8 Hrs.]
Topic: Protection Mechanisms
6.1
Establishment of World Commission on
Environment and Development (Brundtland
Commission) 1984-87: Our common Future
United Nations Conference on Sustainable
Development, 1992
6.2
Agenda 21
6.3
Judicial Trends and Public Interest Initiatives
6.4
Environmental Impact Assessment
6.5

2
2
1

M.C.Mehta & Another v. UOI &


Others(AIR 1987 SC 1086)

Social Movements and with a special focus on


the Narmada Bachao Andolan
UNIT 7 [11Hrs.]
Topic: Jurisdiction and Jurisprudence of Environmental Law and Related Laws
7.1
Constitutional Mandates to protect
M.C. Mehta v. Kamal Nath (AIR
Environment (Article 48A & 51 a(g) of the
2000 SC 1997)
Constitution)
7.2
Role of Indian Judiciary in evolution in Subhash Kumar v. State of Bihar
Environmental Jurisprudence (Right to (AIR 1991 SC 420)
Wholesome Environment)
7.3
Environment (Protection) Act,1986
Rural Litigation and Entitlement
Kendra, Dehradun v. State of Uttar
Pradesh (AIR 1988 SC 2187)
7.4
Public Liability Insurance Act,1991
Union Carbide Corporation v. UOI
(Bhopal Gas Disaster) (AIR 1990 SC
273)
7.5
National Green tribunal Act,2010
UNIT 8 [5 Hrs.]
Topic: Emerging Paradigms of Environmental Management in India
8.1
Eco-mark, Green Economy & Green Building
Concept
8.2
Disaster Management Strategies
8.3
Millennium Development Goal
8.4
Eco-Tourism
8.5
Eco-feminism
UNIT 9
Topic: Practical Training of Addressing Environmental Concerns
9.1
Legal Research for Environmental Concerns
9.2
Visit to Visakhapatnam Based PSUs to
Understand their Environmental Accounting
System in Groups
9.3
Visit to AP Pollution Control Board,
Visakhapatnam
to Understand the Initiatives Undertaken by it
so far
9.4
Discussion on National Biodiversity Authority,
Chennai Pertaining to Biodiversity
9.5
Voluntary Participation of Students in Creating
Environmental Awareness in the Industrial
Area through the University Environmental
3

2
1
3
1

2
3
2
1
3
1
2
1
1

Committee
Books for Reference
Sl.
No.

Author

Title of the Book

Publisher

Environmental Law

Central Law Agency

2.

P.S.Jaswal and Nishtha


Jaswal
S.C.Shastri

Environmental Laws

Eastern Book Company

3.

P. Leelakrishnan,

Cases on Environment Laws

Lexis Nexis Butterworths-India

4.

S. Shantakumar, Law

Introduction to Environmental

Wadhwa & Company

5.

Shyam Divan and Armin


Rosencranz

Environmental Law and Policy in


India: Cases, Material & Statutes

Oxford University Press

1.