PTCE3034 Syllabus - Environmental Policy And Legislations - 2023 Regulation Anna University

PTCE3034 Syllabus - Environmental Policy And Legislations - 2023 Regulation Anna University

PTCE3034	ENVIRONMENTAL POLICY AND LEGISLATIONS	L T P C

3003

COURSE OBJECTIVES:

• The course will analyze the legislative and judicial responses to environmental problems and the administrative system of environment related laws such as air, water, land, and hazardous substances etc. Environment advocacy and approaches for using litigation in environment protection will receive special attention.

UNIT I	INTRODUCTION TO ENVIRONMENTAL LEGISLATIONS AND INTERNATIONAL SCENARIO	9

Significance of Environmental Law -International Environmental Law -Development of International Environmental Law -Source and General principals of International Environmental Law –General rights and obligations of States -General Issues of the international law related to environmental protection -Stockholm Declaration-Rio Declaration on Environment and Development-Basel Convention on the Control of Trans boundary Movement of Hazardous Wastes and their disposal- Convention of Biological Diversity-U.N Frame Work Convention on Climate Change-Montreal Protocol on Substances that deplete Ozone Layer-Kyoto Protocol.

UNIT II	INDIAN CONSTITUTIONS AND ENVIRONMENTAL PROTECTION	9

Indian Constitution and Environmental Protection -Constitutional provisions concerning Environment Articles 14,15,(2) (b) 19 (e),21,31,32,38,39,42,47, 48-A,49,51,51-A: Indian Environmental Policy 2006 Administrative machinery for pollution control Common Law & Criminal Law Nuisance, Negligence, Strict liability and Absolute liability, Provisions of IPC relating to environmental problems (public nuisance u/s 268 and others (Sections 269,270,277,284,285,286,425 to 440) Section 133 of Cr.P.C.

UNIT III	REMEDIES FOR ENVIRONMENTAL POLLUTION	9

Common Law Remedies/Remedies under Law of Tort – Penal Remedies – Indian Penal Code and Code of Criminal Procedure – Remedies under Constitutional Law – Writs – Public Interest Litigation - Public Liability Insurance Act, 1991 – The National Green Tribunal Act 2010.

UNIT IV	MAJOR INDIAN LEGISLATIONS	9

Water Act (1974) Air Act (1981) Environmental Protection Act (1986) Major Notifications, The Municipal solid Wastes (Management and Handling) Rules 2000-Bio Medical Wastes (Management and Handling) Rules 1998- Hazardous Wastes (Management and Handling Rules 1989- Environment Impact Assessment Notifications- Coastal Regulation Zone Notification- Public Hearing Notifications.

UNIT V	ENVIRONMENT AND DEVELOPMENT CASE LAWS	9

Meaning and concept of development - Its impact on environment; conflict between environment and development, Concept of Sustainable Development., Polluter Pay Principle, Precautionary Principle, Public Trust Doctrine. Landmark Judgments - Olium gas leakage case, Rural Litigation and Entitlement Kendra, Dehradun, (1985) Supp SCC 487) Vellore Citizen Welfare Forum v. Union of India, (1996) 5SCC 647) Ganga Pollution case (1988) I SCC) S. Jagannath v. UOI (1997) SCC867) Vellore Citizens welfare forum case M.C. Mehta V. Kamalnath (1997) I SCC 388).

TOTAL: 45 PERIODS

COURSE OUTCOMES: On completion of the course, the student is expected to be able to

CO1 Understand origins and sources of environmental laws, and understand how and by whom environmental laws are made and interpreted
CO2 Understand the key principles of, and actors within, environmental laws
CO3 Understand the National Environmental Policy and Various Legislations enacted in line with Policy
CO4 Critically analyze environmental laws within various contexts and to evaluate laws against procedural and substantive criteria.
CO5 Understand and the Legal system operating in India and will be in a position to prepare compliance reports for getting environmental clearance.

REFERENCES:

1. Leelakrishnan P., Environmental Law in India, Butterworths,1998
2. Leelakrishnan P., Environmental Case Book, Lexis Nexis, 2000
3. Shanthakumar S. , Environmental Law – An Introduction, Butterworths,2004
4. Shyam Diwan and Armin Rosencranz, Enviromental Law and Policy in India, Oxford, 2001