Environment Laws

Constitution of India imposes a duty on the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The Environment Protection Act (EPA), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising. There are environmental legislations that govern specific environmental issues including general environmental conditions, forest and wildlife, water and air pollutions etc.

Quite recently, National Green Tribunal has also been set up under the provisions of National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.

All High Courts in the Country has been advised to transfer all cases dealing with environmental issues to National Green Tribunal, which makes an attempt to dispose of the cases within six months of filing of the case. We also practice in National Green Tribunal.

Apart from the National Green Tribunal, Advocates at “The Jaipuriars” have been appearing before the Green Bench of the Supreme Court of India and Central Empowered Committee, which has been set up to monitor and ensure the compliance of the orders of the Supreme Court concerning the subject matter of forests and wildlife and other issues arising out of the said order.

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