Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Definitions Under Wildlife Act (Section 2) It is to be noted taht the Act covers both animal and plant. Section 2. Definitions – In this Act, unless the context otherwise requires, – 1) “animal” includes amphibians, birds, mammals, and reptiles, […]
Indian Legal System > Civil Laws > Environmental Laws > Constitutional and Statutory Provisions > Constitutional Provisions – 02 Forty-Second Amendment Act, 1976 added a new part IV-A to the Constitution dealing with “Fundamental Duties of Citizen” in the Constitution of India. Article 51-A (g) specially deals with fundamental duty with respect to the environment […]
Indian Legal System > Civil Laws > Environmental Laws > Constitutional and Statutory Provisions > Centre-State Relations The constitution of India is not an inert but a living document which evolves and grows with time. When our constitution was drafted it did not contain any specific provisions on the environment and even the word “Environment” […]
Indian Legal System > Civil Laws > Environmental Laws > Sustainable Development > Principle of Equity and Equality Economic growth can only be sustained when it is based on the principle of equity and equality. Common ownership of resources and their equitable distribution is a fundamental tenet of the idea of the modern welfare state. […]
Indian Legal System > Civil Laws > Environmental Laws > Sustainable Development > Polluter Pays Principle Polluter Pays Principle is also known as the principle of extended producer responsibility. With the advent of the modern industrial revolution, the scheme of production in factories added the idea of externalizing the waste. It caused pressure on the […]
Indian Legal System > Civil Laws > Environmental Laws > Sustainable Development > Precautionary Principle Principle 15 of the Rio Declaration, 1992 declares “Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.” The Precautionary Principle […]
Indian Legal System > Civil Laws > Environmental Laws > Sustainable Development > Public Trust Doctrine The origins of the public trust doctrine are traceable to Roman law concepts of common property. Under Roman law, the air, the rivers, the sea, and the seashore were incapable of private ownership; they were dedicated to the use […]
Indian Legal System > Civil Laws > Environmental Laws > Sustainable Development > Intergenerational Equity Principle Intergenerational equity refers to equity between generations, which includes the needs of the future generation in the design and implementation of current policies. Thus intergenerational equity simply means a duty of present generation towards future generations i.e. the present […]
Need of the Act: Though there is a host of legislation in India aimed at protecting the environment from pollution and maintaining the ecological balance, the environment has not so far been considered in its totality. The Environment (Protection) Act, 1986, enacted under Art. 253 of the Constitution of India to implement the decisions made […]
Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Hunting Defined (Section 2(16)) Hunting and trapping have been enjoyed by human beings since ancient times. Proponents of hunting and trapping often argue that a subsidiary benefit of these activities is their reduction of wildlife damage. However, the efficacy of […]