澳大利亚法律学论文范文 [4]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-10-13编辑:zcm84984点击率:13488
论文字数:6602论文编号:org201409271711524180语种:英语 English地区:澳大利亚价格:免费论文
关键词:环境法律人权的概念Human RightsLaw Essa概念分析y
摘要:本文是旨在分析印度的环境法律和人权的概念的一篇留学生论文,随着环境破坏的发生,这已经成为了人类生存和发展的一个主要威胁,环境法律已成为推动发展的同时不受环境破坏的最重要的工具。
the quality of environment, restricted certain areas to establish industries, laid down procedures for the prevention of accidents in such industries and handling hazardous substances. This Act was further amended in 1991. The Environment (Protection) Rules, 1986 came into being for the first time in 1986 followed by various further amendments. [3]
Along with these Acts, many other legislations have came up for the protection of the environment such as 1980 - The Forest (Conservation) Act and Rules, 1981 [4] , Hazardous Waste (Management and Handling) Rules [5] etc. This shows that the legislature has taken ample steps to protect the environment since the Stockholm Conference in 1972. Though there was protection given under the Constitution, these Acts have strengthened the conservation of environment by law.
CONSITUTIONAL PROVISIONS
The Forty Second Amendment in the Constitution of India, 1976 has introduced Articles 48A [6] and 51A (g) [7] which forms Directive Principles of State Policy and the Fundamental Duties respectively. Directive Principles guides the Government whereas Fundamental Duties are social obligations.
Articles 48A proclaim that the state shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country. The Directive Principles possess the legal status of being complementary to Fundamental Rights and impose an obligation on the Government, including Courts, to protect the environment.
Article 51A (g) imposes a duty on every citizen to protect and improve the natural environment including forests, lakes rivers and wild life and to have compassion for living creatures. Preservation of environment and keeping the ecological balance unaffected is task which every citizen must undertake as a social obligation. This provision of fundamental duty flows from the World Charter for Nature [adopted by the United Nations General Assembly on 28th October, 1982]. This Charter recognizes the rights of the individuals and non-governmental entities by providing that all persons shall have access to means of redress when their environment has suffered damage o; degradation. The neglect and failure to abide by Articles 48A and 51A (g) of the Constitution is nothing short of .betrayal of the fundamental law of the State.
Reading Arts.48A and 51A (g), it is clear that while Art.48A imposes a duty on the state to protect environment [8] Art.51A (g) imposes a fundamental duty on every citizen for the same purpose.
ART. 21 & RIGHT TO PURE ENVIRONMENT
Art.21 of the Constitution has envisaged several rights to the citizens with its wide interpretation making a significant contribution to the welfare of people. The expansive interpretation of word ‘life’ in the Article has led to huge development in the environmental jurisprudence in India.
In this context, Supreme Court has done yeoman service by taking cognizance in number of cases of various environmental problems and giving necessary directions to the Administration. For this purpose, Court has depended on the Directive Principles as stated under Art.47 [9] and 48A as well as on the Fundamental Duties as contained under Art.51A (g) of the Constitution.
On the question of relation between ecology and Art.21, the thinking of the court is that since the right to life is a fundam
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