Course Name: ENVIRONMENTAL LAW

Course Code: T1044

UG/PG: UG

Number of Credits: 3

Level: 4

Learning Objectives :
1. To state the historical perspective of importance of Environmental protection.
2. To describe the evolution of Environmental law since the dawn of modern India.
3. To create an understanding and critical awareness of the foundational principles of the
legal system related to the protection of the environment in context
4. To identify and critically assess the framework of environmental law in national and
international level in the context of ethics, values, human rights perspective and
constitutional values
5. To explore the complex social, economic and political context in which environmental
law exists.
6. To demonstrate the interplay of Environmental Laws with other laws such as Law of
Torts, Criminal Procedure Code, Constitution of India and Indian Penal Code; apart from
covering the major legislations relating to Air Act, Water Act, Environment Protection
Act, Public Liability Insurance Act, Indian Forest Act, Wildlife Protection act, NGT Act.
7. To analyse the environmental issues, debates and ideas that have been influencing the
policies, laws and mind set of masses like the relationship of trade and environment,
human rights and environment, environmental justice et al.
8. To investigate the relationship between human life and the environment from amoral,
ethical and legal perspective illustrating current and emerging problems and potential
solutions.

Learning Outcome (s):

On successful completion of this module students will be able to:

1. Provide an understanding and critical awareness of the foundational principles of the

legal system relating to the protection of the environment in context
2. Identify and critically assess the framework of environmental law in national and
international level in the context of ethics, values, human rights perspective and
constitutional values
3. Explore the complex social, economic and political context in which environmental law
exists.
4. Understand the provisions related to Environmental protection under the general laws
such as Law of Torts, Criminal Procedure Code, Constitution of India and Indian Penal
Code; apart from covering the major legislations relating to Air Act, Water Act,
Environment Protection Act, Public Liability Insurance Act, Indian Forest Act, Wildlife
Protection act, NGT Act.
 5. Analyse environmental issues, debates and ideas that have been influencing the policies,
laws and mind set of masses like the relationship of trade and environment, human rights
and environment, environmental justice et al.

Pre-learning:
1. To have studied the basic courses such as Constitutional Law
2. To have read suggested reading as per session plan and other resources such as films,
documentary, as provided by the course instructor

Course Outline

Sr. No. Topic Hours

1 Indian Approaches regarding Environment (01)
1.1 Concept of Environment Protection in Ancient India
1.2 Historical Prudence: Kautilya's Rules; Practices of Bishnoi
Community,Medieval Era, GandhianPhilosophy, etc. and their
Relevance Today
1.3 Need for Environmental Law

2 Environmental Policy in India (05)

2.1 Pre- Independence Period
2.2 Post- Independence Period
2.3 The Present Day Status
2.4 Govt. Policy towards Environment Issues
3 Principles/ Doctrine of Environmental Law
3.1 Concept of Sustainable Development (04)
3.2 Precautionary Principle
3.3 Polluter Pays Principle
3.4 Public Trust Doctrine
3.5 Environmental Impact Assessment

4 International developments and their impact on Indian

Environmental Prudence
4.1 Stockholm Conference (05)
4.2 Bruntland Commission Report
4.3 Rio Declaration (Agenda 21, Convention on Climate Change and
Convention on Bio-diversity)
4.4 Earth Summit Plus Five
4.5 Kyoto Protocol
4.6 International Environmental Law and Global Issues
4.6.1 India's International Obligations
4.6.2 Established Norms of International Law
4.7 Copenhagen Conference
4.8 Cancun Conference
 4.9 Durban Conference
4.10 Further Developments relating to Climate Change

5 Environment protection under the general laws

5.1. Provisions under the Indian Penal Code
5.2. Provisions under Cr.P. C. (08)
5.3. Remedies under the Law of Torts
5.4. Class Action Suits
5.5. Provisions under the Constitution of India
5.6. Role of Judiciary; Public Interest Litigation, Widened Scope of Art.
21
5.7. Scope of Art.253 of the Constitution
5.8.NGT Act (National Green Tribunal Act, 2010)

6 Framework of Environmental Laws (15)

6.1 Nature and Scope of Environmental Law
6.2 The definitions of Various Types of Pollution
6.3 Mechanism to Protect Environment
6.4 Penalties and Procedures

Following Acts are to be referred

 Water (Prevention and Control of Pollution) Act, 1974
 Air (Prevention and Control of Pollution) Act, 1981
 Environment Protection Act, 1986
 Public Liability Insurance Act, 1991
 Indian Forest Act, 1927
 Wildlife Protection Act, 1972
 NGT Act (National Green Tribunal Act, 2010

7 Social issues and Environment (07)

7.1 Urban Problems
7.2 Large Projects - Resettlement and Rehabilitation of People
7.3 Consumerism (Ecomark Scheme)
7.4 Conflicts between the Environment and Free Trade
7.5 Human Rights, Indigenous People and the Environment,
Environmental Refugees
7.6 Environmental Justice, Problem of Poverty, Conflicts between
Developed and Developing Countries
7.7 Establishment of Green Tribunals

8 Total 45

Pedagogy:
 1. Lecture
2. Discussion
3. Self-study
4. projects

Books/Articles/Papers Recommended:
 Rulemaking: How government agencies write law and make policy. Cq Press, Kerwin, C.M.
and Furlong, S.R., 2018.
 Impact of Climate Change, Environmental changes impact, 2018
https://interactive.carbonbrief.org/impacts-climate-change-one-point-five-degrees-two-
degrees/
 Engendering the environment? Gender in the World Bank's environmental policies.
Routledge.Kerwin, C.M. and Furlong, S.R., 2018.
 Biodiversity conservation and management in India, Brazil and South Africa: Law, policy
and diplomacy in the contemporary age. In Biodiversity (pp. 59-81). Routledge India,
Kumar, A., 2017.
 Desai, Ashok A., Environmental Jurisprudence, Vikas Publication, 2nd edition, (2002)
 Divan, Shyam and Rosencranz, Armin, Environmental Law and Policy in India: Cases,
Materials and Statutes, Oxford University Press, 4th edition, (2005)
 Leelakrishnan P., Environmental Law Case Book, Lexis Nexis Butterworths Wadhwa,
Nagpur, (2010)
 Thakur Kailash, Environment Protection: Law and Policy in India, Deep & Deep
Publications Pvt. Ltd. (2003)
 Percival, R.V., Schroeder, C.H., Miller, A.S. and Leape, J.P., 2017. Environmental
regulation: Law, science, and policy. Wolters Kluwer Law & Business.
 Cullet, P., 2017. Differential treatment in international environmental law. Routledge.
 Bhasin, K., 2018. Environmental Governance in India: An inefficient outcome due to lack of
“specialized” and strong institution?
 Jordan, A., Huitema, D., van Asselt, H. and Forster, J. eds., 2018. Governing Climate
Change: Polycentricity in Action? Cambridge University Press.

Case Laws:
1. M.C. Mehta Versus Union of India & Others dated (Ganga Pollution Case) 13/07/2017
2. Mohd. Salim VState of Uttarakhand & others Writ Petition (PIL) No.126 of 2014(River
living entity case)
3. Mula Mutha Pune Metro Project case Original Application No.67/2016(WZ)
4. Art of Living (Shri Shri Ravishankar v NGT)National Green Tribunal Principal Bench
New Delhi Original Application No. 65 Of 2016
5. Abhilash Textile v Rajkot Municipal Corporation, AIR 1988 GUJ 57
6. America Quarries v. State of Gujarat, AIR 1987 SC 1 1073
7. Animal & Environment Legal Defence Fund v UoI & others, (1997) 3 SCC 549
8. Buffalo Traders Welfare Association v. Maneka Gandhi & Others (1996 11 SCC 35)
9. Consumer Education & Research Centre v. UoI & others, (1995) 3 SC 43
10. Harihar Polyfiberes v. The Sub-Divisional Magistrate, (1997 (1) ALT 946)
11. Indian Council of Enviro-Legal Action v UoI, AIR 1996 1446
 12. J.C. Galstaun V. Dunia lal Seal, (1905) 9 CWN 612
13. Kamalnath v. UOI, (1997) 1 SCC 388
14. Krishna Gopal v. State of M.P., (1986) Cr.LJ. 398
15. M/S Executive Apparel Processor v. Taluka Executive Magistrate & others, [1998 (1)
Crimes 576 (Karnataka)]
16. Municipal Council Ratlam v. Vardhichand, AIR 1980 SC 1622
17. MC Mehta v UoI & others, (Taj Mahal Pollution Case), (1997) 2 SCC 353
18. MC Mehta v UoI, (The oleum gas leakage case), AIR 1987 SC 1086
19. MC Mehta v UoI, (Ganga Pollution case) AIR 1988 SC 1037
20. Minors Oposa v. Secretary of the Department of Environmental and Natural Resources ,
Supreme Court of the Philippines 33 ILM 173 (1994)
21. Mexico etc versus US: ‘tuna-dolphin’A case brought by Mexico and others against the
US under GATT, 1991
22. Rayland v. Fletcher, (1868) L.R. 330
23. Rural Litigation & Entitlement Kendra v. State of U.P., (AIR 1988 SC 2187) [Dehradun Quarrying
Case]
24. Sushil Saw Mill v. State of Orissa, AIR 1985 SC 2484
25. Union Carbide Corp. V. UoI [ Bhopal Gas Leak Disaster Case (1986) 2 Com. L.J. 169 (US)
26. Trail Smelter Case 33AJIL (1939)

Suggested Assessment/ Evaluation Methods:

All external courses will have 40% internal component and 60% external component
[University] examination. Methodology of Internal Assessment will be at least 4 components
from the following list of assessment methods:

 Seminar Presentations
 One written test
 Viva Voce
 Essays
 Project, Group projects and Dissertations
 Cases and open problems
 Work based Assessment
 Multiple choice Questions
 Problems
 Short Answer Questions
 Learning logs/ diaries
 Computer based Assessment
 Single Essay Examination
 Reflective practice Assignments
 Modified Essay Questions
 Simulation

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