Environmental law essay:印度环境法 [7]
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论文字数:4775论文编号:org201510241617469013语种:英语 English地区:英国价格:免费论文
关键词:precautionary Principle生态平衡环境法
摘要:摘要:本文主要讲述了印度的环境法。文章写了原则的起源、含义和性质、预防原则和国际法以及该法在印度的地位。
nation without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment.
The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle” in the context of the municipal law as under:-
Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation.
Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation.
The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign.
In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed-
[T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air.
The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal & Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close vicinity of the lakes.
Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed –
Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environm
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