⚖️ 𝗖𝗢𝗡𝗦𝗧𝗜𝗧𝗨𝗧𝗜𝗢𝗡 𝗔𝗡𝗗 𝗘𝗡𝗩𝗜𝗥𝗢𝗡𝗠𝗘𝗡𝗧 The 1972 Stockholm Conference on the Human Environment raised global environmental awareness and led to India's 42nd Constitutional Amendment in 1976, which introduced environmental duties both on the part of the citizens Article 51A (g) and (Article 48-A). 1. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 48𝑨- The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 2. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 51(𝒈)- 𝒇𝒖𝒏𝒅𝒂𝒎𝒆𝒏𝒕𝒂𝒍 𝒅𝒖𝒕𝒚- It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. 3. 𝑨𝑹𝑻𝑪𝑳𝑬 246- allocation of legislative authority is an important one, some environment problem such as sanitation and waste disposal are better tackled by local body and other like water, pollution, and wildlife are better ligulated by unform nation laws. 4. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 253-Legislation for giving effect to international agreements Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. 5. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 14- Ensures equality before the law, often used to challenge environmentally harmful government actions like unregulated construction and mining. 6. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 21- No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India. * The Supreme Court held that the right to life under Article 21 of the Constitution is a fundamental right and includes the rights to free water and free air from pollution for the full enjoyment of life in the case of 𝑺𝒖𝒃𝒉𝒂𝒔𝒉 𝑲𝒖𝒎𝒂𝒓 𝒗. 𝑺𝒕𝒂𝒕𝒆 𝒐𝒇 𝑩𝒊𝒉𝒂𝒓. * If anything endangers or impairs that quality of life in derogation of laws a citizen has recourse to Art.32 of the Constitution for removing the pollution of water or air which may be detrimental to life. * The Court has stated that Article 21 includes the enjoyment of pollutant-free water and air for full enjoyment of life,' as far as the release of industrial pollution into rivers is concerned. 7. 𝑾𝑹𝑰𝑻𝑺 𝑨𝑵𝑫 𝑷𝑰𝑳- a writ petition can be filed to the supreme court under article 32 and the high court under article 226 in case of violation of fundamental right. Since right to wholesome environment has been recognised as fundamental right. #ConstitutionOfIndia #EnvironmentProtection #FundamentalDuties #Article48A #Article14 #Article246 #FundamentalRights #LegalMeet
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On the occasion of Environment Day we present our Newsletter on Environmental Laws. India continues to evolve with recent developments aimed at bolstering #sustainability and addressing #environmental challenges. The Commission for Air Quality Management has issued directives to eliminate paddy stubble burning in key states, while the Central Pollution Control Board has mandated producers to fulfill Extended Producer Responsibility (EPR) obligations for waste and extended timelines for compliance under #Plastic Waste and Hazardous Waste Management Rules. The Ministry of New and #Renewable #Energy has launched pilot projects for #greenhydrogen use in the shipping and steel sectors, marking significant strides towards a low-carbon future. Legal amendments and regulatory updates, including the Lok Sabha's approval of the Water (Prevention and Control of Pollution) Amendment Bill and the Reserve Bank of India's draft disclosure framework on climate-related financial risks, reflect a comprehensive approach to environmental governance. Furthermore, judicial interventions, such as the Supreme Court's directives on forest definitions and the halting of PMLA action for environmental violations, underscore the judiciary's crucial role in environmental protection. These measures collectively signify India's commitment to balancing economic development with environmental conservation, ensuring a sustainable future. #Environmentday #environmentlaws #laws #updates #ESG
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🚨 𝐄𝐔 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧 𝐫𝐞𝐬𝐢𝐬𝐭𝐬 𝐩𝐫𝐞𝐬𝐬𝐮𝐫𝐞 𝐭𝐨 𝐝𝐞𝐥𝐚𝐲 𝐝𝐞𝐟𝐨𝐫𝐞𝐬𝐭𝐚𝐭𝐢𝐨𝐧 𝐥𝐚𝐰🚨 In a letter from the 2nd of July, EU Environment Commissioner Virginijus Sinkevičius affirmed the commitment to the EUDR timeline, despite calls for a delay. 🌍 𝐖𝐡𝐲 𝐢𝐧𝐝𝐮𝐬𝐭𝐫𝐢𝐞𝐬 𝐚𝐧𝐝 𝐜𝐨𝐮𝐧𝐭𝐫𝐢𝐞𝐬 𝐚𝐫𝐞 𝐩𝐮𝐬𝐡𝐢𝐧𝐠 𝐟𝐨𝐫 𝐚 𝐝𝐞𝐥𝐚𝐲 ⏳ Complaints about unfinished EU systems Challenges in tracing raw materials back to potentially thousands of forest plots Guidance and the EUDR information system are not yet ready 𝐖𝐡𝐚𝐭 𝐬𝐩𝐞𝐚𝐤𝐬 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐄𝐔 𝐭𝐨 𝐫𝐞𝐟𝐫𝐚𝐢𝐧 𝐟𝐫𝐨𝐦 𝐝𝐞𝐥𝐚𝐲𝐢𝐧𝐠 🌳 It is a world-first environmental policy It is a genuine game-changer in the global fight against deforestation In his letter to CEPI members, Commissioner Sinkevicius acknowledged the above concerns but gave no indication that Brussels is considering a delay. 📅 "We are hearing feedback from some stakeholders that preparation for implementation may be challenging. However, we also see encouraging signs in many sectors and countries working to align with EUDR (EU Deforestation Regulation) requirements," said the letter. 𝐀𝐥𝐬𝐨 𝐜𝐨𝐧𝐟𝐢𝐫𝐦𝐞𝐝: The online system for submitting due diligence declarations is making good progress too! 💻 ✅ But it is crucial for the EU to quickly finish the technical systems needed to launch it! 𝐘𝐨𝐮 𝐜𝐚𝐧 𝐫𝐞𝐚𝐝 𝐦𝐨𝐫𝐞 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐢𝐬 𝐡𝐞𝐫𝐞: https://lnkd.in/eaSn5Vda #EUDR #Sustainability #Environment #EU #Deforestation #Traceability #CorporateResponsibility
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Daily S𝘂𝘀𝘁𝗮𝗶𝗻𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗟𝗮𝗻𝗴𝘂𝗮𝗴𝗲 𝗕𝘂𝘀𝘁𝗲𝗿 24) 𝗘𝗻𝘃𝗶𝗿𝗼𝗻𝗺𝗲𝗻𝘁𝗮𝗹 𝗟𝗮𝘄 Initially, laws were focused on the protection of rights associated with property and land ownership, which only protected the environment indirectly. More recent laws have been made specifically to avoid environmental harm, and are now evolving to the management of resources. Environmental laws are set at international level, country level as well as locally, and apply to a wide range of issues from waste, land, air and water pollution to more recent issues such as the use of genetically modified organisms and nanotechnology. Environmental legislation commonly comes from national legislative and executive branches of government. For example, in the UK, statutory law is made by Parliament situated in England and also the devolved administrations in Scotland, Wales and Northern Ireland as well as individual government departments. The purpose of environmental law is to protect or enhance the environment and thus help to achieve an important element of sustainability. This requires individuals and organisations to take responsibility for their activities. This is achieved by: setting environmental limits; requiring controls to be in place; imposing levies on activities that cause environmental harm; requiring reporting and monitoring; using enforcement mechanisms, such as criminal and civil sanctions, so that consequences are in place if environmental harm is caused; and requiring those responsible for harm to pay for the clean-up costs and/or provide recourse to those affected. https://lnkd.in/d6WheWGe https://lnkd.in/dpX_J3GR #sustainableeating #lunchboxrevolution #healthy planet #healthy you #foodwaste #localfood #plantbased #zerowaste #sustainablefisheries #oceanconservation #seafood #marinelife #msc #savetheoceans #healthy planet #healthypeople #SustainableCities #GreenStartups #Innovation #UrbanDevelopment #Sustainability #Innovation #BusinessModels #SDGs #StakeholderEngagement #Sustainability #Innovation #OilAndGasIndustry #RenewableEnergy #Efficiency 🌿#GreenFinance #SDGs #EconomicInclusion #SustainabilityGoals #leadership #GreenLuxury #SustainableHospitality #PassionIsKey #RenewableEnergy #OperationClimate #SustainabilityJobs #GreenJobs #SustainableCareers #EcoJobs #EnvironmentalJobs #CSRJobs #RenewableEnergyJobs #ClimateJobs #SustainableBusiness #GreenCareers #SocialImpactJobs #CircularEconomyJobs #CleanTechJobs #EthicalJobs #SustainableDevelopment #SustainabilityProfessionals #ESGJobs #ConservationJobs #ResponsibleBusiness #FutureOfWorkSustainability
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It’s time to prioritize environmental health for long-term sustainability. A unified approach supported by both state and central authorities, to tackle environmental and public health risks would focus on sustainable solutions, stricter regulations, and proactive support to adopt eco-friendly practices. Implementing robust, science-driven policies and actively engaging stakeholders can drive meaningful change in reducing pollution. #Stubble #Punjab #EnvironmentProtection #SustainableSolution https://lnkd.in/dNwMcMPY
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As we move into a new era, the priorities of people worldwide are shifting. It is often said that individuals must adapt to their changing surroundings and embrace scientific advancements, as the principle of survival emphasizes the need for change. In the context of India’s development, we can see that during the British colonial period, our main focus was on gaining independence. After achieving that goal, our priorities evolved towards development, globalization, and enhancing various sectors with expertise. However, in recent years, there has been a growing focus on environmental issues. People are increasingly recognizing how globalization, industrial growth, waste management, and other factors negatively impact our environment. This awareness has contributed to significant climate change, resulting in irregular rainfall, extreme temperatures, and other environmental challenges. These changes particularly affect those who depend heavily on the environment for their livelihoods, with farmers being a key group impacted by these shifts. The concept of environmental protection in Indian law was first highlighted in the case of C. Galstaun v. Dunia Lal Seal (1905). This case represented the first recorded instance of environmental pollution in India, where a factory's waste discharge into a municipal drain led to legal action. The court held the factory accountable for the damage caused to the plaintiff’s property and health, thereby setting a precedent for environmental responsibility. Another important case was Rural Litigation and Entitlement Kendra, Dehradun State of U.P. & Ors. (1985), which addressed illegal limestone mining in the Mussoorie-Dehradun region, resulting in environmental harm. The Supreme Court's intervention led to guidelines for responsible mining practices and the protection of fragile ecosystems. In the cases of C. Mehta & Another vs. Union of India & Others and Shriram Foods & Fertilizer Industries & Another v. Union of India & Others (1987), the leakage of oleum gas from a factory resulted in numerous casualties. These cases highlighted the importance of holding industries accountable for environmental damage and established legal standards for environmental protection. Today, India has a multitude of environmental laws that reflect the growing concern of citizens regarding environmental issues and their efforts to prompt the government and judiciary to take action. We often hear worries that future generations may not witness certain species due to environmental degradation. However, simply expressing these concerns will not resolve the issue. Fortunately, science is stepping up with innovative technologies aimed at safeguarding our environment. To discover more about these technologies, stay tuned for our upcoming posts! And please let us know your thoughts in the comments below!! ~By Roshani Chaurasia.
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🌍 New Milestone for Environmental Accountability in India! On November 4, 2024, the Ministry of Environment, Forest, and Climate Change introduced the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 under the Environment Protection Act, 1986. This notification marks a significant step toward enhancing environmental governance. Here are the highlights: 📄 Streamlined Inquiry Process: Authorized bodies, like Pollution Control Boards and Air Quality Commissions, can now file complaints digitally or by post, initiating formal inquiries into environmental violations. 🔍 Enhanced Accountability: An adjudicating officer, appointed under the Act, oversees these inquiries. They can summon evidence, conduct hearings, and ensure due process in examining potential violations. 💼 Transparent Penalty Framework: Penalties consider various factors, from the project size and industry type to public health impacts and economic gains from non-compliance. Collected fines go toward the Environment Protection Fund. ⏳ Time-Bound Action: The entire inquiry process is designed to be completed within six months to ensure prompt action. This development emphasizes India’s commitment to stricter environmental oversight and aligns with global sustainability standards. 🌱 #EnvironmentalLaw #Sustainability #ClimateAction #India #EnvironmentalProtection #GreenEconomy #PolicyUpdate #SustainableDevelopment #CircularEconomy #GreenFuture #PollutionControl #CorporateGovernance #Regulations #Compliance #EcoFriendly #EnvironmentFirst
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A "rapid review" of the Government's 2023 Environmental Improvement Plan has been ordered by the Environment Secretary Steve Reed MP. 💬 Vicky Robinson, Head of Sustainability at AIC: "We welcome the speed of this review. However, we must get to a point where there is more stability in government policies to create the confidence and certainty the industry needs to deliver for the food and environment." Here's what you need to know 👇 https://lnkd.in/exas8Vkc #Agribusiness #UKagriculture #AgricultureUK #agrisupply #agrifood #foodsupplychain #foodandagriculture #supplychain #agrisupplychain #foodsecurity #foodsupply #foodproduction #sustainability #sustainableagriculture #foodsystem #environmentalimprovement #environmentalprotection #waterpollution #airpollution #wastereduction
Rapid review ordered as latest Environmental Improvement Plan progress report shows mixed results
agindustries.org.uk
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#Environmentallaw is a legal framework that protects the environment by: Establishing regulations and standards for various activities that can impact the environment. Enforcing these regulations through various bodies like pollution control boards. Providing legal remedies for environmental damage and harm to public health. **Why is it crucial? *Addressing environmental challenges: Climate change, pollution, and biodiversity loss necessitate legal frameworks to ensure responsible actions and hold polluters accountable. *Preserving natural resources: Environmental laws safeguard air, water, forests, and other resources for present and future generations. *Promoting sustainable development: Environmental law guides development activities towards a sustainable future, balancing economic growth with environmental protection. **Key environmental legislations in India: *The Environment (Protection) Act, 1986: An umbrella legislation providing a framework for environmental protection and pollution control. *The Water (Prevention and Control of Pollution) Act, 1974: Focuses on preventing and controlling water pollution. *The Air (Prevention and Control of Pollution) Act, 1981:** Regulates and controls air pollution. *The Wildlife (Protection) Act, 1972: Focuses on the protection of wildlife and their habitats. *The Forest (Conservation) Act, 1980:Regulates the use of forest land for other purposes. **Challenges and opportunities: *Effective implementation and enforcement: Ensuring adherence to environmental laws and regulations remains a challenge. *Addressing emerging environmental issues: The legal framework needs to adapt to address new and emerging environmental challenges like climate change. *Promoting public awareness and participation: Empowering citizens to understand and participate in environmental decision-making is crucial. **Moving forward: Strengthening legal frameworks, enforcement mechanisms, and public awareness can ensure that environmental laws effectively protect India's environment for present and future generations. By fostering a culture of environmental compliance and collaboration, India can achieve a sustainable future where environmental protection and economic development go hand in hand. #EnvironmentalLaw #Sustainability #India #Environment #Legislation #23thterm
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Role of judiciary in enforcement of Article 9-A could shape a better future in judiciary #Judiciary #Article9A
Justice Jawad Hassan of the Lahore High Court has issued a historic order aimed at addressing Lahore’s severe air pollution. The court's decision responds to a petition filed by three-year-old Child Citizen Amal Sukhera through her mother. Lahore High Court's order emphasizes the government’s responsibility to protect the environment for future generations, grounding this duty in the newly added Article 9-A of Pakistan’s Constitution, introduced by the 26th Amendment, which guarantees a fundamental right to a clean and healthy environment. Justice Hassan drew on global environmental jurisprudence, notably referencing the Oposa v. Factoran case from the Philippines, where the Supreme Court recognized “intergenerational responsibility.” This principle, central to the Lahore High Court’s ruling, underscores the duty of the current generation to safeguard natural resources and environmental health for those yet unborn. The Oposa judgment famously upheld children’s right to sue on behalf of future generations, setting a precedent that Justice Hassan echoed in this order. This highlights the court’s progressive stance, aligning Pakistan’s legal approach to environmental protection with globally recognized standards. Justice Hassan’s order directs the Punjab Environmental Protection Agency (EPA) and other provincial authorities to file a report on actions against vehicular emissions, a primary contributor to Lahore’s pollution crisis. He instructed the Secretary Environmental Protection Department and the DG EPA to appear in-person and report on November 12 with updates on efforts to implement and enforce air quality regulations. Qanoondan Qanoondan - The Legal Diaries Aain wa Qanoon Courting The Law
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New poll of EU public opinion. More than three-quarters of Europeans (78%) say that environmental issues have a direct effect on their daily life and their health. And more than four in five respondents (84%) agree that EU environmental legislation is necessary for protecting the environment in their country.
Europeans continue to feel directly affected by environmental issues and policy
environment.ec.europa.eu
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