DAMODARAM SANJIVYYA NATIONAL LAW UNIVERSITY

Visakhapatnam
COURSE OUTLINE

Title of the Subject: Environmental Law

Name of the Faculty: Ms. Bushra Quasmi

Total No. of Hours: 65

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 1 [2Hrs.]

CASES FOR REFERENCE

No. of
(List of Cases are not exhaustive Hours
Faculty may discuss or indicate
any additional Cases)
1
1

Topic: Introduction to Environmental

Laws
Basic Environmental Concept
Ecosystems
Global Warming, Ozone Depletion and
Climate Changes
Environmental Degradation and Pollution: Union Carbide Corporation v. UOI
Kinds, Causes and Effects of Pollution
(Bhopal Gas Disaster) (AIR 1990
SC 273)
Ecology and Indian Ethos
Unit 2
Union Carbide Corporation v.
Remedies against Pollution: Nuisance,
UOI(1991) 4 SCC, pp 584
Trespass and Negligence

Theories of
Inter-generational Equality
Sustainable Development
Precautionary Principle
Polluter Pay Principle
Strict Liability
Absolute Liability
Hazardous Waste Management: Hazardous
Waste (Management and Handling)
Rules,1989
Bio-Medical Waste Management: BioMedical Waste (Management and Handling)
Rules,1998
Unit 3
Jurisdiction and Jurisprudence of
Environmental Law and Related Laws

M.C.Mehta v. Shri Ram Foods &

Fertilizers Industries & others. (AIR
1987 SC 965)

Ramji Patel & Ors. V. Nagrik

Upbhokta Marg(2000)3 SCC 29

Constitutional Mandates to protect Environment

Article 21, Article 48A & 51 a(g) of the
Constitution
Role of Indian Judiciary in evolution in
Environmental
Jurisprudence
(Right
to

M.C. Mehta v. Kamal Nath (AIR 2000

SC 1997)

Subhash Kumar v. State of Bihar (AIR

1991 SC 420)

Wholesome Environment)
Unit 4:
International Environmental Regime
Evolution of International Environmental Law
ICJ and IEL
Development through Conventions:
-Stockholm Declaration,1972
-Earth Summit,1992
- Nairobi Declaration,1982
-Ramsar Convention,1971
-Bonn Convention
- Copenhagen Summit
- Convention on Biological Diversity,1992
- Johannesburg Declaration,2002
-Rio+20 Conference
Development in National Law
Role of UNEP for Protection of Environment
National Green tribunal Act,2010
Unit 4
Protection Mechanisms
Establishment of World Commission on
Environment and Development (Brundtland
Commission) 1984-87: Our common Future
United Nations Conference on Sustainable
Development, 1992
Agenda 21
Judicial Trends and Public Interest Initiatives
Environmental Impact Assessment
Social Movements and with a special focus on
the Narmada Bachao Andolan
UNIT 5
Topic: Jurisdiction and Jurisprudence of
Environmental Law and Related Laws
Environment (Protection) Act,1986
Public Liability Insurance Act,1991

2
7

1
1
1
1

M.C.Mehta & Another v. UOI &

Others(AIR 1987 SC 1086)

2
1
3
1

Rural Litigation and Entitlement

Kendra, Dehradun v. State of Uttar
Pradesh (AIR 1988 SC 2187)
Union Carbide Corporation v. UOI
(Bhopal Gas Disaster) (AIR 1990 SC
273)

National Green tribunal Act,2010

Unit 6
Laws of Preservation and Conservation of
Environment
Laws Relating to Preservation, Conservation and 1. A.P. Pollution Control Board v. Prof.
Protection of Forests, Wild life and Endangered
M.V. Nayudu (2001 (2) SCC 62)
Species, Marine Life, Coastal Ecosystems and 2. S. Jagannath v. Union of India,
Lakes etc.
(Shrimp Culture Case) (AIR 1997
SC 811)
3. Banvasi Seva Ashram v. State of

2
1
1

Wildlife Protection Act,1972

Forest (Conservation) Act,1980
Prevention of Cruelty to Animals(Slaughter
House) Rules,2001
Coastal Regulations and Related Notifications
Unit 7:
Emerging Paradigms of Environmental
Management in India
Eco-mark, Green Economy & Green Building
Concept
Disaster Management Strategies
Millennium Development Goal
Eco-Tourism
Eco-feminism
Unit 8:
Social Issues and the Environment
Urban problems related to energy
Water conservation, rain water harvesting,
watershed management.
Resettlement and rehabilitation of people; its
problems and concerns. Case Studies.
Wasteland reclamation
Consumerism and waste products
Population growth- variation among nations and
population explosion- Family Welfare programme
Environment and human health- HIV/AIDS.
Human Rights and environment.
Role of Women and Child in environmental
protection.
Environmental ethics: Issues and possible
solutions .
Value Education l. Problems in enforcement of
environmental legislation.
Corporate Social Responsibility and Environment
Disaster Management

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)
Center for Environmental Law, WWF v.
UOI( AIR 1999 SC 354)
T.N. Godavarman Thirumulpad v. UOI
& Ors. (AIR 2000 SC 1636)
Abdulsattar Yusufbhai Qureshi & Ors.
V. State of Gujarat, (AIR 2008 SC
1695)
S.Jagannath v. UOI, (AIR 1997 SC
811)

1
3

1
2
1
1
15

Reference Books
Sl. No.
1.

Title of the Book

Environmental Law

Publisher
Central Law Agency

2.

Author
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
Daniel
Bodansky,
Jutta
Brunee et al.

Environmental Law and Policy in India:

Cases, Material & Statutes
Oxford handbook on International
Environmental law.

Oxford University Press

6.

Oxford University Press