UPPER CHAMBERS

Climate Change

The Stockholm Declaration of 1972 was the first major effort to conserve and protect the human environment at the international level. As a result of this Declaration, the States were required to approve legislative mandate to protect and improve the environment in concerned State. Consequently, for that reason Indian Parliament inserted two Articles, i.e., 48–A and 51–A in the Indian Constitution in 19762. Article 48–A of the Constitution rightly directs that the State shall endeavour to protect and improve the environment and safeguard forests and wildlife of the country. In the same way, Clause [g] of Article 51– A imposes a duty on every citizen of India, to protect and improve the natural environment including forests, lakes, river, and wildlife and to have compassion for living creatures.

With the collective effect of Articles 48–A and 51–A [g] it appears that the „State‟ as well as the „citizen‟ are now under constitutional responsibility for the protection, experience and improvement of the environmental situations of India. Every generation owes a duty to all succeeding generations to develop and conserve the natural and original resources of India in the superlative possible way. The phrase „protects and improves‟ appearing in both these Articles 48–A and 51–A[g] seems to reflect an affirmative Government action to improve the quality of environment and not just to preserve the environment in its polluted form. Apart from the constitutional mandate to protect and improve the environmental conditions, there are a series3 of legislations are available on the subject but more relevant legislations for our purpose are the Forest [Conservation] Act, 1980; the Water [Prevention and Control of Pollution] Act, 1974; the Wildlife [Protection] Act, 1972; the Environment [Protection] Act, 1986; the Air[Prevention and Control of Pollution] Act, 1981; the National Environment Tribunal Act, 1995; the National Green Tribunal Act, 2010; the Biological Diversity Act, 2002 and the Hazardous Wastes [Management and Handling] Amendment Rules, 2003 etc.

The team offers guidance to domestic and international clients on Indian’s comprehensive environmental laws pertaining to recycling, hazardous waste management ,water and air pollution, forest and timber regulations, handling of chemicals, etc.

The team assists a variety of clients with regulatory compliances, enforcement actions, and civil litigation in all aspects of environmental and natural resources law.

The team has enriching experience in handling cases with the National Green Tribunal, High Courts and the Supreme Court of India.

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