Environment law. UNITED NATIONS CONFERENCE ON HUMAN ENVIRONMENT STOCKHOLM1970 Legal position in India Common law-TORTS-covers all civil wrongs other than.

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Presentation transcript:

Environment law

UNITED NATIONS CONFERENCE ON HUMAN ENVIRONMENT STOCKHOLM1970 Legal position in India Common law-TORTS-covers all civil wrongs other than breach of contract and breach of trust-covers damage to person, property and reputation Civil wrongs and liabilities under Torts -Nuisance -Trespass Negligence Strict liability Absolute liability REMEDIES ----injunction ----abatement -----damages -

Strict liability-Absolute liability STRICT LIABILITY(Rylands vs Fletcher) Rule – if a person brings on his land for non-natural use -any thing which is likely to do mischief if it escapes -the person is liable for damages even if he is not negligent Exceptions Contributory negligence of injured/consent Act of God Act of stranger or third party Act of statutory authority ABSOLUTE LIABILITY Rule made by Supreme Court of India takes away above exceptions when an enterprise is engaged in hazardous or inherently dangerous activity with potential threat to health and safety of public –it owes an absolute liability without any exceptions -

Environment law CRIMINAL LAW –INDIAN PENAL CODE1860 Public nuisance Negligent conduct causing injury to public interest -spreading infectious diseases dangerous to life -fouling water sources of public -making atmosphere noxious to health -dealing in poisonous substances -Fire or combustible matter -Explosive substances

ENVIRONMENT LAW CONSTITUTION OF INDIA Art 19-right to practice –carry out-profession, trade, business Art 21-right to life with dignity and personal liberty Art 47/48/51-state duty to protect and improve environment- forests, lakes, rivers,and wild life

Environment law-Special legislations The water(prevention and control of pollution) Act 1974 The Air( prevention and control of pollution) Act1981