Different aspects of Environmental laws
Mukund Sarda1, Bhagyashree Deshpande2, Jyoti Dharm3, Vidya Dhere4
1Prof. Dr. Mukund Sarda, Dean, Faculty of Law, Principal, New Law College, Bharati Vidyapeeth University, Pune (MH), India.
2Dr. Bhagyashree Deshpande, Assistant Professor, Department of Biotechnology and Microbiology, Bhilai Mahila Mahavidyalaya, Bhilai (C.G.), India.
3Dr. Jyoti Dharm, Assistant Professor, Bharati Vidyapeeth Deemed University, New Law College, Pune (Maharashtra), India.
4Dr. Vidya Dhere, Bharati Vidyapeeth (Deemed To be University) New Law College, Pune (Maharashtra), India.
Manuscript received on 23 March 2019 | Revised Manuscript received on 30 March 2019 | Manuscript published on 30 March 2019 | PP: 1676-1678 | Volume-7 Issue-6, March 2019 | Retrieval Number: E1967017519/19©BEIESP
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: Environmental Laws in India have propagated from ‘Right to life’ guaranteed under Article 21 of the constitution. The rationale that Supreme Court follows to interpret Article 21 to encompass environment within its spectrum is that every person has a right to “live with dignity’ in a safe and disease free environment. Moreover, maintenance of health, preservation of sanitation and environment are also considered to be under the scope of Article 21. However, despite of various judicial pronouncements regarding the preservation of environment, it is often observed that environment laws are ignored extensively. Also, lack of public co-operation persists, which adds even more to the environmental degradation. This has instigated the governmental authorities to come up with various programs such as, ‘Swachh Bharat’ mission, compulsory teaching of health, hygiene and cleanliness etc, to help inculcate within the people the importance of environment protection. These programs and initiatives bring forth need for environmental protection and also, indicate towards the need for financial assistance from the Central and State government. However, it is pertinent to note that ‘Pollution Control Boards’ is criticized for its failure to protect environment, which is furthering damage to environment. The purport of this paper is to bring to light the need for environment protection as it protected under Article 21 of the Constitution. This paper also puts forward various recommendations which will give laws such as Water (Prevention and Control of Pollution) Act, 1974 Air (Prevention and Control of Pollution) Act, 1981 and Environmental Protection Act, 1986 teeth and will make them effective.
Keywords: Air Prevention and Control of Pollution, Environment, Environment laws, Water Prevention and Control of Pollution.
Scope of the Article: Smart Learning Methods and Environments