The Environmental Jurisprudence of the Courts of India

About the Book :

This book on ‘Environmental Jurisprudence of Courts of India’ provides  a general overview of the enactments passed by the Indian Parliament for environmental protection such as the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and the Environment (Protection) Rules, 1986, Wild Life (Protection Act), 1972, The Public Liability Insurance Act, (1991), The Biological Diversity Act, 2002, and National Environment Policy 2006.

The Book discusses in detail the approach of the Indian Judiciary in development, protection and conservation of environment in India. It also sheds light on how the Apex Court has developed a unique Environmental Jurisprudence in India by evolving several principles and Doctrines from time to time in order to harmonize the ‘right to development’ and the ‘right to environment’.

The Book also addresses evolution and role of Public Interest Litigation in shaping the Environment protection regime in the country and developing new and visionary principles of far reaching consequences such as Sustainable Development, Inter-generational Equity and Intra generational Equity, Polluter Pays Principle, Precautionary Principle, Public trust Doctrine etc.

For good governance and enforcement of environmental laws, the need of environmental courts cannot be ignored and therefore the Author, in this book, has also discussed about the Environmental Courts like National Environment Tribunal, National Environment Appellate Tribunal and National Green Tribunal Act, 2010.

The Book also deals with the issues related to Environment Impact Assessments viz. why we need EIA, What is the process of EIA, Legal Frame work and Judicial Response to EIA and lastly whether there is need to shift towards public executed EIA.

The Book is of immense importance to the Students, Teachers, and Researchers of Environment Law and Environment Science at University level. It would also be of help to students preparing for competitive examinations like UGC-NET, GATE and SLET for JRF and lectureship eligibility in Universities and Colleges as well as GSI, ONGC, OIL, CILL, CGWB, NMDC etc. and also for Administrative services(IAS, IPS, IFS, PCS) and other services of public importance.

About Author :

Amit Kumar Pathak is an Advocate at Allahabad High Court, Lucknow Bench. He is a Postgraduate in Law from Dr. Ram Manohar Lohiya National Law University, Lucknow. He has also qualified UGC NET and has more than 17 publications in his name including Articles/Research Paper on Different legal and Social issues in Journals of repute such as Criminal Law Journal (AIR Publisher), Practical Lawyer (EBC Publisher), Excise & Custom Reporter (Manupatra Pvt. Ltd.), Company Law Journal (2012), Environmental and Forest Law Times, Development of Digital Libraries in IPR Regime (published by Madhu Limaye Library, RMLNLU) and International Journal of Environment and Management (Research India Publication). He has rich experience of working with U.P. State Human rights Commission, U.P. State Law Commission on issues of human rights and legal awareness in the field of Cyber Laws. He actively participates in Conferences and Seminars on legal and Socio-legal issues.