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Environmental Law and Policy Overview

The document outlines the curriculum for various law subjects in the fifth semester, including Environmental Studies, Code of Civil Procedure, Human Rights, Alternative Dispute Resolution, and Sociology of Law. Each subject includes objectives, course outcomes, and detailed unit breakdowns covering key concepts, legal frameworks, and practical applications. The curriculum aims to equip students with critical awareness, practical skills, and a comprehensive understanding of the law's interaction with society and the environment.

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Radhe Mohan
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0% found this document useful (0 votes)
14 views8 pages

Environmental Law and Policy Overview

The document outlines the curriculum for various law subjects in the fifth semester, including Environmental Studies, Code of Civil Procedure, Human Rights, Alternative Dispute Resolution, and Sociology of Law. Each subject includes objectives, course outcomes, and detailed unit breakdowns covering key concepts, legal frameworks, and practical applications. The curriculum aims to equip students with critical awareness, practical skills, and a comprehensive understanding of the law's interaction with society and the environment.

Uploaded by

Radhe Mohan
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Fifth Semester

LLB Paper Code: LLB 301


Subject: Environmental Studies and Environmental Laws L4 PSDA1 C4

Objectives: This paper aims to enable the students to (i) generate sensitivity towards the environmental
issues;(ii) critically evaluate the role of law, policy and institutions in the conservation and management
of natural resources as well as pollution control; (iii) examine critically the environment laws and
policies both at the national and international level; and (iv) interpret landmark rulings relating to
environment.

Course Outcome: (i) to create critical awareness on contemporary environment and allied topics such as
trans-boundary pollution, carbon trading, sustainable development, waste management; and (ii) incept
pro bono environmental lawyering skills through PSD activities.

UNIT-I: Introduction to Environmental Studies & Legal Framework for Environmental


Protection: International and National Perspective (Lectures-10)

a. Introduction to Environmental Studies


i. Environment: Meaning & Concept
ii. Environment and human interface: An Overview
iii. Religion and Environment - An Overview
iv. Pollution, Environment Pollution: Meaning, Kinds and Issues
b. International Legal Framework
i. Environmental Law: Human Rights Perspective
ii. Stockholm Declaration & Rio-Declaration: Brief Overview
iii. Introduction to Sustainable Development – SDGs -MDGs
iv. UNEP
c. Introduction to Indian Legal Framework
i. Constitutional Guidelines
ii. Pre -Environmental Legislations - Law of Torts, Law of Crimes, Cr. P.C, etc.
iii. Emergence of Environmental Legislations

UNIT-II: Prevention and Control of Water, Air, Noise and Land Pollution (Lectures-10)
a. The Water (Prevention and Control of Pollution) Act, 1974
i. Water Pollution: Definition
ii. Central and State Pollution Control Boards: Constitution, Powers and Functions
iii. Water Pollution Control Areas
iv. Sample of effluents: Procedure; Restraint Order
v. Consent requirement: Procedure, Grant/Refusal, Withdrawal
vi. Citizen Suit Provision
b. Air (Prevention and Control of Pollution) Act, 1981
i. Air Pollution: Definition
ii. Central and State Pollution Control Boards: Constitution, Powers and Functions
iii. Air Pollution Control Areas
iv. Consent Requirement: Procedure, Grant/Refusal, Withdrawal
v. Sample of Effluents: Procedure; Restraint Order
vi. Citizen Suit Provision

69
c. Noise Pollution Control Order, 2000
d. Land Pollution

UNIT-III: General Environment Legislations and Protection of Forests and Wild Life & Remedies
(Lectures-10)
a. Environmental (Protection) Act, 1986
i. Meaning of “Environment”, “Environment Pollutant”, “Environment Pollution”
ii. Powers and Functions of Central Govt.
iii. Important Notifications U/s 6: Hazardous Substance Regulation, Bio-Medical Waste
Regulation and Coastal Zone Management, EIA
iv. Public Participation & Citizen Suit Provision
b. Laws Related to Forest
i. Forest Act, 1927: Kinds of forest – Permitted Activates – Authorities and Offences
ii. The Forest (Conservation) Act, 1980
iii. Forest Conservation vis-a-vis Tribals’ Rights – FRA, 2007
c. The Wild Life (Protection) Act, 1972
i. Authorities to be Appointed and Constituted under the Act
ii. Hunting of Wild Animals
iii. Protection of Specified Plants
iv. Protected Area
v. Trade or Commerce in Wild Animals, Animal Articles and Trophies; Its Prohibition
d. National Green Tribunal
i. Constitution
ii. Functions and Powers

UNIT-IV: Current Trends (Lectures-10)

a. Global Warming - Climate Change


b. International Trade and Environment
c. Sustainable Development
d. Trans-boundary Pollution
e. Natural Resources Conservation
f. Waste managements
g. Green GDP
h. Carbon Trading

PSDA (Professional Skill Development Activities) 1Hr/Week

 Field Trip to Ecologically Sensitive Places/Tribal Areas


 Visit to Pollution Control Boards/Yamuna Bank & Riverside Pollution/Biodiversity Park/ Zoos/
NGT, Delhi and Preparation of Projects
 Preparation of plans for Water, Air Pollution
 Interaction with Eminent Environmental Activist /Invited Talks & Lectures

Text Books:

1. S. C. Shastri, Environmental Law, Eastern Book Company, Lucknow , 2018 (6thEdn.)


2. P. Leelakrishnan, Environmental Law in India, Lexis Nexis, India, 2018 (6thEdn.)

References:

70
Fifth Semester

LLB Paper Code: LLB 303


Subject: Code of Civil Procedure – I L4 PSDA1 C4

Objectives: The objective of this paper is to: (i) help law students to acquire a thorough knowledge of
procedural aspects of working of civil courts and other associated machineries in India;(ii)Make them
aware about the nuances of suit filing, rules as to pleadings, specific requirements of plaint and written
statements, counter-claims; and (iii) understand some crucial concepts like res judicata, res-subjudice,
inherent powers of courts, jurisdiction which are sine qua non for proceeding with civil matters before the
courts.

Course Outcome: (i)to familiarise them with important concepts and practical application of the same in
the courts which would enable them to harvest skills applicable in litigations;(ii)to enhance their drafting
skills; and (iii) to prepare students for practically applying judicial procedures.

Unit – I: Introduction (Lectures – 10)

a. Definitions: Decree, Judgement, Order, Foreign Court, Foreign Judgement, Mesne Profits,
Affidavit, Suit, Plaint, Written Statement
b. Important Concepts: Res Sub-Judice, Resjudicata, Restitution, Caveat, Inherent powers of courts,
e-courts
c. Institution of Suit

Unit – II: Initial steps in a suit (Lectures – 10)

a. Jurisdiction and place of suing


b. Pleadings: Meaning, object, General rules, Amendment of pleadings
c. Plaint and written statement
d. Rejection of Plaint
e. Discovery, Inspection and production of documents
f. Appearance and non-appearance of parties
g. First hearing
h. Framing of Issues

Unit – III: Interim Orders (Lectures – 10)

a. Commissions
b. Arrest before judgement
c. Attachment before judgement
d. Temporary Injunctions
e. Interlocutory orders
f. Receiver
g. Security of costs

Unit – IV: Suits in Particular Cases (Lectures – 10)

a. Suits by or against Government


b. Suits by Indigent persons
c. Interpleader Suit
d. Summary Procedure
e. Suits relating to public nuisance

72
Fifth Semester

LLB Paper Code: LLB 307


Subject: Human Rights L4 PSDA1 C4

Objectives: This paper aims to (i) expose students to the history, theory, law and practice of human rights
protection both in international and national framework (ii) provide them improved ability to critically
evaluate the implementation and enforcement of human rights law; (iii) make them critically examine the
functioning of Human Right Commissions and the multifaceted commissions formulated for protecting
the vulnerable groups; and (iv) critically analyse the functioning of NHRC.

Course Outcome: (i) to sensitise students towards handling all legal matters with human right approach;
(ii)to undertaking pro-bono lawyering in human rights matters by applying critical thinking and problem
solving skills gained through PSD activities; (iii) to make them apply their knowledge of Human Rights
Law in their profession;(iv) to equip the students with sufficient knowledge and tools for human rights
lawyering to fight against human right violations; and (v) to enable them to evaluate the effectiveness of
statutes in its implementations and formulate pragmatic suggestions.

UNIT-I: Concept, Evolution and Development (Lectures-10)

a. Meaning, Nature and Significance


b. Evolution (Global): From Ancient Period to League of Nations; World Wars to UDHR
c. Evolution (National): Indian History of Human Rights: From Vedic Period to
Constitution
d. Universalism v/s Cultural Relativism
e. Modern Developments
f. Generations of Human Rights

UNIT-II: Treaty Bodies and International Bill of Human Rights (Lectures-10)

a. Office of UN High Commissioner for Human Rights, Human Right Council,


Commissions on Human Rights; other Committees: CESCR, CCPR, CEDAW, CAT,
CERD, CRC, CMW, SPT, CRPD, CED
b. b. International Bill of Human Rights and International Implementation Mechanism:
UDHR, ICCPR and its Protocols, ICESCR and its Protocol

UNIT-III: Human Right Protection in India (Lectures-10)

a. Constitutional Provisions (Fundamental rights and Directive Principles)


b. Application of International Human Rights Law in India
c. Role of judiciary in Protecting Human rights
d. Permissible Limitations on human rights
e. The Protection of Human Rights Act, 1993
f. NHRC and State Human right Commissions: Composition, Powers and Functions
g. NCW, NCM, NCSC and NCST
h. Role of Civil Societies and Media

77
UNIT-IV: Human Rights of Vulnerable Group and Contemporary Challenges

(Lectures-10)
a. Vulnerable Group: International and National perspective; Governmental, Judicial and Civil
society initiatives
i. Women
ii. Children
iii. Disabled
iv. Refugees
v. Senior Citizens
vi. Prisoners
b. Contemporary Challenges
i. Terrorism and Narco Terrorism
ii. Technological and scientific development

PSDA (Professional Skill Development Activities) 1


Hr/Week

 Moot courts
 Field visits in groups and reporting back
 Visit to Commissions
 Minor Projects on contemporary challenges and threats to Human Rights
 Drafting of Writs to enforce Human rights

Text Books:

1. H.O. Agarwal, Human Rights, Central Law Publications, Allahabd, 2018


2. M. K. Sinha, Implementation of Basic Human Rights, Lexis Nexis, India, 2013
3. J. Symonides, Human Right: International Protection, Monitoring and Enforcement,
Reissued by Rouledge, New York, [Link], Protection of Human Rights in India,
Asia Law House, Hyderabad. 2006

References:

1. Thomas Buergenthal, International Human Rights in a Nutshell, West Publisher


Company,US, 2002
2. Henry Steiner & Philip Alston, International Human Rights in Context: Law, Politics,
Morals: Text and Materials, Oxford University Press, New York, 2008
3. Jack Donnelly, Universal Human Rights in Theory and Practice, Cornell University Press,
US., 2013
4. S. K. Kapoor, International Law and Human Rights, Central Law Agency, Allahabad,2017 (
7th Edn.)
5. Surya Deva, David Bilchitz (ed.), Human Rights Obligations of Business, Cambridge
University Press, 2013
6. Susan Easton, Prisoners' Rights: Principles and Practice, Taylor & Francis, New York,
2011

78
Fifth Semester

LLB Paper Code: LLB 309


Subject: ADR: Arbitration Mediation and Conciliation L3 PSDA3 C4

Objectives: This course aims to (i) provide students theoretical and practical insight into the subtle art of
dispute resolution; (ii) familiarize them with the use of available ADR models; (iii)train them into
specialist techniques of mediation, arbitration and negotiation; (iv) introduce students to basic conceptual
framework on which the entire edifice of ADR mechanism is founded; and (v) familiarize students to the
contemporary needs of developing pragmatic approaches.

Course Outcome(i) trained future professionals in the area of alternative dispute resolution to ease out
the burden of litigation in courts;(ii) encourage them to learn procedural complexities, specific hard and
soft skills and techniques tailored to suit specific ADR models; and (iii) to encourage them to focus
towards incorporating therapeutic paradigms of legal practice.

UNIT-I: Introduction, Meaning, Objectives and Importance of ADR (Lectures- 10)

a. Genesis and kinds of dispute resolution process


b. Evolution of ADR in India, Objectives and Importance of ADR
c. Various kinds of ADR mechanisms: Arbitration, Mediation, Conciliation, Expert Determination,
Negotiation, Early Neutral Evaluation (ENE), Fact-finding, Med-Arb, or Mediation-Arbitration,
Judge hosted settlement conference, MEDOLA, Ombudsman etc.
d. Evolution of Legal Aid Movement in India
e. Constitution, Powers and Functions of the Legal Services Authorities
f. Salient features of Legal Services Authority Act
g. Access to Justice through Lok Adalat and Permanent Lok Adalat

UNIT-II: Mediation, Conciliation and Negotiation (Lectures- 10)

a. Concept of Mediation
b. Evolution and Process of Mediation in India
c. Conciliation
d. Good Offices
e. Negotiation theories, types and strategies

UNIT-III: Arbitration: Meaning, Agreement, Essentials, Appointment of Arbitrator


(Lectures- 12)
a. Essentials and kinds of Arbitration Agreement, Rules of Severability
b. Role of Courts in Reference to arbitration
c. Extent of judicial intervention
d. Composition and Jurisdiction of Arbitral Tribunals
e. Interim measures by Courts and Arbitral Tribunals
f. Conduct of Arbitral proceedings and place of arbitration
g. Arbitral Awards, Setting aside the arbitral awards and enforcement of domestic awards

UNIT-IV: Enforcement of Foreign Awards (Lectures- 08)


a. New York Convention awards
b. Geneva Convention awards
.
c International Commercial 80
Arbitration
Fifth Semester

BA LLB Paper Code: BA LLB 311


Subject: Sociology III: Sociology of Law and Deviance L4 PSDA1 C4

Objectives: The objective of this paper is to : (i) acquaint students with the fascinating interface of
‘society with law’ and ‘law with society’ which is of utmost importance for law students for rational
thinking; (ii) make them aware about the inter-dependence of sociology and law; (iii) understand the
dynamism of law in the context of dynamism of society; (iv) expose students to the revolutionary
changes brought by courts, lawyers and sociologists in form of social and legal reforms in a society
which can only be realized on the touchstone of reality when one is fully aware about the same, which
this paper aims to perform;

Course Outcome: (i) reflect upon the inter-disciplinary approach throwing light upon the ‘law’ and
‘society’; (ii) undertake teaching of sociology in close nexus with allied subjects like cyber crime,
domestic violence, drug abuse, juvenile delinquency, and white collar crimes; and (iii) enhancing
analytical skills; and (iv) train law students in handling cases of social delinquency.

Unit-I: Law and Society (Lectures-10)

a. Interface and interrelationship between law and society


b. Customs, Customary rights and customary Laws
c. Perspective of W. G. Sumner, Emile Durkheim, Karl Marx and Max Weber on law
d. Social engineering of Roscoe Pound
e. Courts as social institutions; role of courts and lawyers in society

Unit-II: Deviance and Control (Lectures-10)

a. Crime and Deviance; Legal and normative approach to crime


b. Causes of crime in modern society- technological, economic, ecological
c. Types of crime- crime against property and individuals
d. Formal control and crime- role of law
e. Informal control and crime- role of customs, primary groups, religion and media

Unit- III: Important theories of crime and victimology (Lectures-10)

a. Sociological theories- Functional, Sub-Culture and Interactionist Theories (Labelling Theory)


b. Biological Theories- Lombroso, Genetic theory, Body Type Theory
c. Psychological Theories-Social Learning, Psycho-Analytical Theories
d. Victimology Theories- Routine activity, victim precipitation, life style and Deviant place theory

Unit- IV: Social Problems (Lectures-10)

a. Organized crime and white-collar crime


b. Crimes against women- domestic violence, sexual abuse
c. Crimes against children- sexual abuse, child labour, pornography
d. Juvenile delinquency- Juvenile justice, Children in need for care and Protection, Juveniles in
conflict with law
e. Cyber crime
f. Drug abuse and alcoholism

83
Fifth Semester

Paper Code: LLB 305


Subject: Bharatiya Nagarik Suraksha Sanhita-I L5 PSDA1 C5

Objectives: This paper’s objective is to: (i) enhance the understanding of criminal courts and the
judicial process; and (ii) help students nurture professional attitudes by acquiring procedural
knowledge about criminal courts’ structural set-up and working operations.

Course Outcome: The course is designed to (i) undertake an in-depth study of procedures adopted
before magistrate courts; and (ii) develop the capacity to solve real-life problems through PSD
activities rendering a valuable addition to the administration of criminal justice system.

Unit-I Introduction (Lectures: 10)

1. Object and Importance of Bharatiya Nagarik Suraksha Sanhita, 2023, Basic concepts under
BNSS.
2. Functionaries under BNSS.
3. Constitution of criminal courts and offices, power of courts.
4. Powers of superior officers of police and aid to the magistrates and the police.
5. Information to the Police and their powers to investigate

Unit-II Process to compel appearance and Production of things (Lectures: 10)

1. Punitive and Preventive Arrest (with or without warrant) and Provision for Bail under the
BNSS.
2. Summons, warrant, proclamation and attachment
3. Search (with or without warrant)
4. Illegal search, arrest, and allied rights and remedies

Unit-III Proceeding before Magistrate-I (Lectures: 10)

1. Condition Requisites for Initiation of Proceeding


2. Complaint to Magistrate
3. Commencement of Proceeding before Magistrate
4. Provisions as to Accused Persons of Unsound Mind

Unit-IV Proceeding before Magistrate-II (Lectures: 10)

1. Security for Keeping Peace and Good Behaviour


2. Maintenance of Public Order and Tranquility
3. Proceedings for Maintenance of ‘wife’ ‘children’ and ‘parents’

PSDA (Professional Skill Development Activities) 1 Hrs/Week

1. Mock Trial
2. Visit to Police Station/Court/Prosecution Office
3. Visit to Jail
4. Symposium on Sentencing

Common questions

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The primary challenges in implementing sustainable development principles internationally include the lack of uniform regulatory frameworks, economic disparities, and conflicting national interests. Internationally, varying capacities among countries to enforce and comply with sustainable development goals create discrepancies in implementation, often exacerbated by economic pressures and political instability . These challenges are compounded by the complexity of achieving international consensus on multifaceted issues like climate change and biodiversity protection, which require coordinated global action . In contrast, national-level challenges are often related to governance, policy integration, and resource allocation, where local political dynamics, economic constraints, and institutional capacities play critical roles . Addressing these requires tailored approaches that consider specific economic, cultural, and environmental contexts .

The Stockholm Declaration has significantly impacted modern environmental policies by establishing fundamental principles for environmental management and sustainable development. Adopted at the United Nations Conference on the Human Environment in 1972, it was the first international agreement to articulate the interconnection between human rights, environmental protection, and development . The Declaration laid the groundwork for subsequent international environmental frameworks, influencing global policy directions and national legislation by emphasizing principles like the precautionary approach, the polluter-pays principle, and the need for international cooperation . It catalyzed the development of essential treaties such as the Rio Declaration and Agenda 21, shaping the evolution of global environmental governance .

Alternative dispute resolution (ADR) plays a crucial role in alleviating the burden of litigation on traditional courts by providing more efficient, flexible, and cost-effective mechanisms for resolving disputes without formal court proceedings. ADR mechanisms such as arbitration, mediation, and conciliation offer parties the opportunity to settle disputes through mutually agreeable solutions with the assistance of neutral third parties . This not only speeds up the resolution process but also reduces court caseloads, allowing judicial resources to be allocated more efficiently to cases requiring legal intervention . Moreover, ADR preserves relationships by fostering cooperative problem-solving and maintaining confidentiality, which can be particularly beneficial in commercial and family disputes .

International agreements on human rights, such as CEDAW and the Convention on the Rights of the Child (CRC), influence national policies by setting global standards for the protection of vulnerable groups, pushing governments to enact and revise legislation in accordance with these norms . In India, these agreements have prompted the creation of specific legal frameworks and policies, such as the Protection of Women from Domestic Violence Act and laws against child labor, aimed at safeguarding the rights of women and children . The commitments made under these treaties obligate states to align their national laws with international standards, fostering an environment conducive to the protection of vulnerable populations and enhancing national accountability .

Environmental laws and policies, at national and international levels, contribute significantly to the conservation and management of natural resources through frameworks that establish guidelines and standards for sustainable resource usage. Internationally, treaties such as the Stockholm Declaration and Rio Declaration set principles that guide countries in implementing sustainable actions . Nationally, laws like the Water (Prevention and Control of Pollution) Act and the Environmental (Protection) Act provide mechanisms for regulating resource usage and preventing pollution, while empowering institutions like the Central and State Pollution Control Boards to enforce compliance . Through these structures, laws facilitate the integration of environmental considerations into economic and development plans, supporting sustainable development targets outlined in initiatives like the SDGs .

The interconnection between law and society greatly influences legal reforms as societal needs and values often dictate legal changes. This dynamic relationship is evident in how societal shifts lead to legislative adaptations that better reflect contemporary norms and issues . Sociologists and legal theorists like Emile Durkheim and Max Weber emphasize the social function of law as a mechanism for social order and change . Legal reforms frequently arise in response to social movements, economic developments, and cultural transformations, with courts and legal practitioners driving changes through interpretations that align with public sentiment and the evolving moral compass of society . Through this process, law becomes a responsive instrument that not only regulates societal norms but also facilitates progressive changes and addresses systemic issues like inequality and justice .

Human rights organizations and international treaties significantly impact national legislation on human rights by setting universal standards and providing frameworks for enforcement and accountability. Instruments like the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) serve as benchmarks for national laws, influencing constitutional provisions and legislative acts . For example, in India, the Protection of Human Rights Act, 1993 aligns with these international norms by establishing bodies like the National Human Rights Commission (NHRC), which enforces human rights protection and evaluates adherence to international standards .

The National Green Tribunal (NGT) is highly effective in enforcing environmental regulations in India due to its specialized focus on environmental issues, legal authority, and ability to expedite cases. Established under the NGT Act of 2010, it provides a dedicated forum for the expeditious resolution of cases involving environmental protection, forest conservation, and pollution control . By minimizing procedural complexities and focusing on scientific and technical matters, the NGT ensures swift judgements and effective enforcement of environmental laws, as seen in various landmark rulings addressing issues like industrial pollution and mining activities . Its power to enforce penalties and mandate restitution measures further strengthens compliance, demonstrating its critical role in upholding environmental regulations .

Citizen suit provisions play a pivotal role in the enforcement of environmental laws by empowering individuals and groups to hold violators accountable and compel government agencies to enforce regulations. This legal mechanism strengthens public participation in environmental governance, allowing citizens to initiate legal actions against entities that breach environmental standards or government bodies that fail in their enforcement duties . By facilitating access to justice, citizen suit provisions create an additional layer of accountability, leading to more robust compliance and proactive environmental protection measures . This democratization of enforcement acts as a catalyst for civic engagement and policy oversight, enhancing transparency and effectiveness in environmental governance .

The Constitution of India incorporates international human rights obligations through its Fundamental Rights and Directive Principles of State Policy, which reflect principles enshrined in international human rights treaties . Articles in the Constitution, such as the right to equality, freedom of speech, and protection from discrimination, align closely with the Universal Declaration of Human Rights, thereby integrating global standards into national law . Furthermore, India harmonizes its legal obligations by interpreting constitutional provisions in light of international treaties and agreements, facilitating compliance and reinforcing human rights protections across diverse legal contexts .

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