DAMODARAM SANJIVYYA NATIONAL LAW UNIVERSITY

Visakhapatnam

COURSE OUTLINE

Title of the Subject: Environmental Law

Name of the Faculty: Mr. Abhishek Kumar 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 UNIT 1 [2Hrs.] CASES FOR REFERENCE No. of

No. (List of Cases are not exhaustive Hours
Topic: Introduction to Environmental Laws Faculty may discuss or indicate any
additional Cases)
1.1 Basic Environmental Concept 1
1.2 Ecosystems
1.3 Global Warming, Ozone Depletion and Climate
Changes
1.4 Environmental Degradation and Pollution: Kinds, Union Carbide Corporation v. UOI 1
Causes and Effects of Pollution (Bhopal Gas Disaster) (AIR 1990 SC
273)
1.5 Ecology and Indian Ethos
UNIT 2 [4 Hrs.]
Topic: Remedies against Environmental Pollution and Crimes
2.1 Remedies against Pollution: Nuisance, Trespass Union Carbide Corporation v. UOI(1991) 1
and Negligence 4 SCC, pp 584
2.2 Theories of M.C.Mehta v. Shri Ram Foods &
Inter-generational Equality Fertilizers Industries & others. (AIR 1987
Sustainable Development SC 965)
Precautionary Principle
Polluter Pay Principle
Strict Liability
Absolute Liability
Common with differentiated responsiblity
2.3 Hazardous Waste Management: Hazardous Waste 1
1
 (Management and Handling) Rules,1989
2.4 Bio-Medical Waste Management: Bio-Medical Ramji Patel & Ors. V. Nagrik Upbhokta 2
Waste (Management and Handling) Rules,1998 Marg(2000)3 SCC 29
UNIT 3 [5 Hrs.]
Topic: Offences under Tort and Different Statutes
3.1 Protection of Human Rights i.e. Crime against Union Carbide Corporation v. UOI 2
Environment is considered crime against Mankind (Bhopal Gas Disaster) (AIR 1990 SC
273)
3.2 Offences under Tort 3
3.3 Offences under Relevant Statutory Provisions
3.3.1 IPC Sections(268-291)
UNIT 4 [8 Hrs.]
Topic: Laws of Preservation and Conservation of Environment
4.1 Laws Relating to Preservation, Conservation and 1. A.P. Pollution Control Board v. Prof. 2
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
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)
4.2 Wildlife Protection Act,1972 Center for Environmental Law, WWF v. 2
UOI( AIR 1999 SC 354)
4.3 Forest (Conservation) Act,1980 Forest Right At T.N. Godavarman Thirumulpad v. UOI &
Ors. (AIR 2000 SC 1636)
4.4 Prevention of Cruelty to Animals(Slaughter House) Abdulsattar Yusufbhai Qureshi & Ors. V. 1
Rules,2001 State of Gujarat, (AIR 2008 SC 1695)
UNIT 5 [13 Hrs.]
Topic: International Environmental Regime
5.1 Evolution of International Environmental Law 2
5.2 Development through Conventions: 7
-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
5.3 Development in National Law 2
5.4 Role of UNEP for Protection of Environment 2
UNIT 6 [8 Hrs.]
Topic: Protection Mechanisms
6.1 Establishment of World Commission on 1
Environment and Development (Brundtland
Commission) 1984-87: Our common Future United
Nations Conference on Sustainable Development,
1992
6.2 Agenda 21 2

2
 6.3 Judicial Trends and Public Interest Initiatives 1
6.4 Environmental Impact Assessment M.C.Mehta & Another v. UOI & 3
Others(AIR 1987 SC 1086)
6.5 Social Movements and with a special focus on the 1
Narmada Bachao Andolan
UNIT 7 [11Hrs.]
Topic: Jurisdiction and Jurisprudence of Environmental Law and Related Laws
7.1 Constitutional Mandates to protect Environment M.C. Mehta v. Kamal Nath (AIR 2000 SC 2
(Article 48A & 51 a(g) of the Constitution) 1997)
7.2 Role of Indian Judiciary in evolution in Subhash Kumar v. State of Bihar (AIR 3
Environmental Jurisprudence (Right to Wholesome 1991 SC 420)
Environment)
7.3 Environment (Protection) Act,1986 Rural Litigation and Entitlement Kendra, 2
Dehradun v. State of Uttar Pradesh (AIR
1988 SC 2187)
7.4 Public Liability Insurance Act,1991 Union Carbide Corporation v. UOI 1
(Bhopal Gas Disaster) (AIR 1990 SC
273)
7.5 National Green tribunal Act,2010 3
7.6 Water Laws
7.7 Nuclear Liability

Books for Reference

Sl. No. Author Title of the Book Publisher

1. P.S.Jaswal and Nishtha Environmental Law Central Law Agency
Jaswal
2. 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 Environmental Law and Policy in India: Oxford University Press
Rosencranz Cases, Material & Statutes