COURSE MANUAL

Name of the Core Course: Environmental Law

Course Code: L-CT-0020

Spring 2025
(AY 2024-25)

Name of the Course Coordinator(s)

Prof. Prajakta Karbhari Kale

Name of Faculty Member(s)

Prof. Aakriti Tripathi
Prof. Charu Sharma
Prof. Daniel Stein
Prof. Gauri Anand
Prof. Harsh Mahaseth
Prof. Rahul Mohanty
Prof. Rohit Roy
Prof. Sakshi Srivastav
Prof. Sharmishta Sharma
Prof. Somil Kumar
Prof. Yogita Bangar
Prof. Yukti Kumar

1
 CONTENTS

PART I
General Information…………………………………………………………………………..Page 3

PART II

a. Course
Description…………………………………………………………………………………….Page 4

b. Course Aims…………………………………………………………………………………..Page 4

c. Intended Learning Outcomes………………………………………………………....Page 5

d. Grading of Student Achievement…………………………………………………….Page 6

PART III
a. Keyword Syllabus………………………………………………………………….….…Page 8
b. Course Policies……………………………………………………………………………. Page 8

PART IV

a. Weekly Course Outline …………………………………………………………........Page 10

b. Readings…………………………………………………………………………………….Page 10

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 PART I

General Information

General Information on Environmental Law course, offered by Jindal

Global Law School
of the AY 2024-25

The information provided herein is by the Course Coordinator. The following

information contains the official record of the details of the course.

This information shall form part of the University database and may be
uploaded to the KOHA Library system and catalogued and may be distributed
amongst 4th year Law students for B.A.LL.B. (Hons), B.B.A.LL.B. (Hons);
B.Com. LL.B. (Hons), B.A. (Hons) Legal Studies, B.A. (Hons) Criminology
and Criminal Justice; LL.B.; and LL.M. courses if necessary.

Course
Title: Environmental Law
Course
Code: L-CT-0020
Course
Duration: One Semester
No. of Credit
Units: 4
Leve
l: FIVE YEAR DEGREE PROGRAMME
Medium of
Instruction: English

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 PART II

a. Course Description
This course will explore the theories, legal materials, issues, systems, and debates
that animate environmental law and ecological policy discourse in India and in
varying local, regional and global contexts. It focuses on three main aspects.
Firstly, it introduces the subject by tracing the history of the environmental
movement and law scholarship. This includes exploring both general aspects like
ethics, theories, principles, and legal sources, as well as specific areas such as
pollution, air laws, water laws, land laws, biodiversity, animal rights,
desertification, climate change, indigenous rights, sustainability, heritage,
development, trade, and scientific uncertainty. The course equally emphasizes
urban and city-specific aspects of environmental law, giving due attention to rural
and non-urban landscapes. Lastly, it examines international environmental law,
considering principles that go beyond the Indian judicial system.

b. Course Aims

This course aims to provide a comprehensive exploration of environmental law and

ecological policy in India, spanning historical perspectives, diverse thematic areas,
and international dimensions.
At the end of the course, the students will be able to:
• Examine the intersection between law and environment for a better appreciation
of the role of law in environmental protection.

• Develop an understanding of the private law and public law aspects of

environmental regulation.

• Understand and appreciate the critical role played by the judiciary in India in
developing a rights-based framework for environmental regulation in India.

• Explore the evolution of international environmental law and its impact on

domestic environmental regulation.

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 c. Intended Learning Outcomes

Course Intended Weightage Teaching and Assessment Tasks/

Learning Learning Activities Activities
Outcomes

By the end of the course, students

should be able to: End of course exam –
Identify and explain 20 % Reading of textbooks 50%
different concepts, and research articles
A. Students will Internal assessment –
issues related to
acquire 50%
environmental law
knowledge of
Interpret 30% the perspectives Each course instructor
environmental about the topics shall devise
issues and to be covered in assignments to be
demonstrate the the syllabus. evenly spread through
application of legal the course of the
B. Preparation semester.
principles towards it. outside the class
Analyse, critique and 50 % Nature, submission
constructively Lectures deadlines and
employ (in general C. Students will be marks for each of
given guidance these assignments
and in specific on their reading must be shared by
contexts) the and their
prescribed writings the course
research for the
and ideas of lectures and instructor with
environmental law tutorials their respective
and its various class within the
D. Students will, by first 15 days of the
intersections. responding to
start of the
questions and
performing semester
exercises,
develop their
analytical and
critical
capabilities
Research and Writing

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 Course Intended Weightage Teaching and Assessment Tasks/
Learning Learning Activities Activities
Outcomes

Students will research

and participate in class
discussions

d. Grading of Student Achievement

To pass this course, students must obtain a minimum of 40% in the cumulative aspects
of coursework, i.e., internal assessment (including moot, mid-term exam, internal
assignment) and end term examination. End of semester exam will carry 50 marks
out of which students have to obtain a minimum of 15 marks to fulfil the
requirement of passing the course.

The details of the grades as well as the criteria for awarding such grades are provided
below:

PERCENTAGE GRADE
GRADE GRADE DESCRIPTION
OF MARKS VALUE
Outstanding – Exceptional knowledge
of the subject matter, thorough
understanding of issues; ability to
80 and above O 8
synthesize ideas, rules and principles and
extraordinary critical and analytical
ability
Excellent - Sound knowledge of the
subject matter, thorough understanding
75 – 79 A+ 7.5 of issues; ability to synthesize ideas, rules
and principles and critical and analytical
ability
Very Good - Sound knowledge of the
subject matter, excellent organizational
capacity, ability to synthesize ideas, rules
70 – 74 A 7
and principles, critically analyze existing
materials and originality in thinking and
presentation
Good - Good understanding of the
65 – 69 A- 6 subject matter, ability to identify issues
and provide balanced solutions to

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PERCENTAGE GRADE
GRADE GRADE DESCRIPTION
OF MARKS VALUE
problems and good critical and analytical
skills
Fair – Average understanding of the
subject matter, limited ability to identify
60 – 64 B+ 5 issues and provide solutions to problems
and reasonable critical and analytical
skills
Acceptable - Adequate knowledge of the
subject matter to go to the next level of
55 – 59 B 4
study and reasonable critical and
analytical skills.
Marginal - Limited knowledge of the
subject matter and irrelevant use of
50 – 54 B- 3
materials and, poor critical and analytical
skills
Pass 1 – Pass with basic understanding of
45 – 49 P1 2
the subject matter
Pass 2 – Pass with rudimentary
40 – 44 P2 1
understanding of the subject matter
Fail - Poor comprehension of the subject
matter; poor critical and analytical skills
Below 40 F 0 and marginal use of the relevant
materials. Will require repeating the
course
Absent - “Extenuating circumstances”
preventing the student from taking the
end- semester, or re-sit, examination as
the case may be; the Vice Dean
(Examinations) at their discretion assign
Absent Ab 0 the “Ab” grade. If an "Ab" grade is
assigned, the student would appear for the
end-semester, or re-sit examination, as
the case may be, as and when the
subsequent opportunity is provided by the
University.

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 PART III

a. Keyword Syllabus

Environment, ecology, nature, culture, history, human rights, air, water, forests,
wildlife, biodiversity, indigenous people, heritage, pollution, courts and judicial
remedies, institutional framework, climate change, urban environment, development

b. Course/Class Policies

Cell Phones, Laptops and Similar Gadgets

The course instructors will regulate the use of gadgets based on the day-to-day class
requirements.

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas.
Even our own ideas demand an acknowledgement of the sources and processes through
which those ideas have emerged. Thus, all ideas must be supported by citations. All ideas
borrowed from articles, books, journals, magazines, case laws, statutes, photographs,
films, paintings, etc., in print or online, must be credited with the original source. If the
source or inspiration of your idea is a friend, a casual chat, something that you overheard,
or heard being discussed at a conference or in class, even they must be duly credited. If
you paraphrase or directly quote from a web source in the examination, presentation or
essays, the source must be acknowledged. The university has a framework to deal with
cases of plagiarism. All form of plagiarism will be taken seriously by the University and
prescribed sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavours to make all its courses inclusive and accessible to students with different
abilities. In accordance with the Rights of Persons with Disabilities Act (2016), the JGU
Disability Support Committee (DSC) has identified conditions that could hinder a
student’s overall well-being. These include physical and mobility related difficulties,
visual and hearing impairment, mental health conditions and intellectual/learning
difficulties e.g., dyslexia, dyscalculia. Students with any known disability needing
academic and other support are required to register with the Disability Support
Committee (DSC) by following the procedure specified at https://jgu.edu.in/disability-
support-committee/

Students who need support may register before the deadline for registration ends, as
communicated by the DSC via email each semester. Those students who wish to continue

8
receiving support from the previous semester, must re-register every semester prior to
the deadline for re-registration as communicated by the DSC via email. Last minute
registrations and support are discouraged and might not be possible as sufficient time is
required to make the arrangements for support.

The DSC maintains strict confidentiality about the identity of the student and the nature
of their disability and the same is requested from faculty members and staff as well. The
DSC takes a strong stance against in-class and out-of-class references made about a
student’s disability without their consent and disrespectful comments referring to a
student’s disability. With due respect for confidentiality, faculty and students are
encouraged to have honest conversations about the needs of students with disabilities and
to discuss how a course may be better tailored to cater to a student with disability.

All general queries are to be addressed to disabilitysupportcommittee@jgu.edu.in

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To
make sure that all students collectively benefit from the course, and do not feel disturbed
due to either the content of the course or the conduct of the discussions. Therefore, it is
incumbent upon all within the classroom to pledge to maintain respect towards our peers.
This does not mean that you need to feel restrained about what you feel and what you
want to say. Conversely, this is about creating a safe space where everyone can speak and
learn without inhibitions and fear. This responsibility lies not only with students, but also
with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the scope
of the Safe Space Pledge with the class.

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 PART IV

a. Weekly Course Outline

Week 1 INTRODUCTION
Week
2 UNDERSTANDING THE LIMITS OF TORT LIABILITY AND CRIMINAL
LIABILITY IN ENVIRONMENTAL CONCERNS
Week 3
Week
4
Week 5 WRIT REMEDIES AND THE NATIONAL GREEN TRIBUNAL
Week
6
Week 7
Week STATUTORY REGIMES REGULATING RISK
8
Week
9
LAND REGUALTION – FOREST & WILDLIFE
Week
10
Week
11 TRANSNATIONAL MARKETS, CORPORATE LAW, AND
Week ENVIRONMENTAL PROBLEMS
12
Week
13
SUSTAINABILITY & CLIMATE CHANGE
Week
14
Week
REVIEW
15

b. Readings
Books (available in the JGU library)
1. Shyam Divan and Armin Rosencranz, Environmental Law & Policy in India,
OUP., 2022 3rd edn.
2. S Shanthakumar (2012) Introduction to Environmental Law, Lexis Nexis-
Butterworths Wadhwa.

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 3. Philippe Sands (2011) Principles of International Environmental Law, Cambridge
University Press.
4. P Leelakrishnan (2012) Environmental Law in India, Lexis Nexis-Butterworths
Wadhwa.
5. Nawneet Vibhaw, Environmental Law: An Introduction, LexisNexis (2016).

Statutes (HARD COPY MANDATORY)

1. Water (Prevention and Control of Pollution) Act, 1974
2. Air (Prevention and Control of Pollution) Act, 1981
3. Environmental Protection Act, 1986
4. Indian Forest Act, 1927
5. Forest (Conservation) Act, 1980
6. Forest Rights Act
7. Wildlife Protection Act, 1972
8. Prevention of Cruelty to Animals Act, 1960
9. National Green Tribunal Act, 2010

* UNIVERSAL PUBLISHES A BOUND VOLUME OF ALL MAJOR ENVIRONMENTAL

LEGISLATIONS (ensure there are no comments in the Bare Act)

WEEK 1
INTRODUCTION
Exploring various ethical paradigms surrounding the environment and engaging in
discussions on prevalent anthropocentrism, we will delve into the possibility of aligning
human aspirations with our current trajectory. Additionally, we will inquire into the
potential solutions, including the consideration of granting legal personhood to natural
entities. This week's exploration will extend to encompass environmental justice and
address pertinent issues related to caste in the context of the development of
environmental law and practice in India.

MANDATORY READINGS

1. John Alder and Wilkinson, Environmental Law and Ethics, Macmillan Law Masters
(Chapter 2; Main ethical approaches)
2. Sanja Bogojevic and Rosemary Rayfuse, Environmental Rights in Europe and Beyond:
Setting the Scene, Swedish Studies in European Law (Chapter 1).
3. Mohd. Salim v. State of Uttarakhand & Ors, 2017 SCC OnLine SC 291, 29-03-2017
(giving personhood to rivers)
4. Animal Welfare Board of India vs A. Nagaraja & Ors, (2014) 7 SCC 547 ; Animal
Welfare Board of India v. Union of India, 2023 SCC OnLine SC 661 , 18-05-2023

11
5. Derek Bell and Jayne Carrick, Procedural environmental justice, Chapter 9 of The
Routledge Handbook of Environmental Justice
6. Kyle Whyte, The recognition paradigm of environmental justice, Chapter 10 of The
Routledge Handbook of Environmental Justice
7. Mukul Sharma, Caste, Environment Justice, and Intersectionality of Dalit–Black
Ecologies, 13 Environment and Society: Advances in Research 78-97 (2022).

SUGGESTED READINGS

1. Christopher D. Stone, “Should Trees Have Standing?- Toward Legal Rights For
Natural Objects”, 45 Southern California Law Review 450, (1972)
2. Crutzen, Paul J. “The ‘Anthropocene.’” In Earth System Science in the Anthropocene,
edited by Eckart Ehlers and Thomas Krafft, 13–18. Berlin, Heidelberg: Springer Berlin
Heidelberg, 2006.
3. Gadgil, Madhav, and Ramachandra Guha. “Ecological Conflicts and the
Environmental Movement in India.” Development and Change 25, no. 1 (1994): 101–
36.

WEEK 2 – 3
UNDERSTANDING THE LIMITS OF TORT LIABILITY AND CRIMINAL
LIABILITY IN ENVIRONMENTAL CONCERNS

The focus will be on comprehending tortious liability, which includes delving into aspects
of nuisance, negligence, trespass, strict liability, and absolute liability. Simultaneously,
we will explore criminal liability under Sections 152 to 163 of the Bhartiya Nagarik
Suraksha Sanhita, 2023 and briefly touch upon class action within the Civil Procedure
Code (CPC). The landmark decision related to the Bhopal Gas Tragedy will be discussed
while examining the State's representation of the victims within the legal framework.

MANDATORY READINGS

1. Municipal Council, Ratlam v Vardichand (1980-SC)

2. Union Carbide Corporation vs Union Of India, AIR 1992 SC 248
3. M.C. Mehta v. Union of India (Air 1987 SC 1086) – Oleum Gas Leak Case
4. State of Madhya Pradesh v. Warren Anderson and Others

12
 http://www.ielrc.org/content/c1004.pdf
5. Social Justice, 2014, Vol. 41, No. 1/2 (135-136), Special Issue: Bhopal and After:
The Chemical Industry as Toxic Capitalism (2014), pp. 53-79

SUGGESTED READINGS

1. B. Venkatappa v B Lovis (1986 – AP HC)

2. State of Madhya Pradesh v Kedia Leather and Liquor Ltd (2003) 7 SCC 389
3. Deepak Nitrite Ltd vs State of Gujarat & Ors (2004 AIR SCW 3285)
4. Ram Baij Singh v Babulal (1982 - Allahabad)

ADVANCED READINGS

1. Baxi, Upendra, and Amita Dhanda, eds. Valiant Victims and Lethal Litigations:
The Bhopal Case. Indian Law Institute and N.M. Tripathi, 1990. (Introduction)
2. Krishnan, Jayanth K., "Bhopal in the Federal Courts: How Indian Victims Failed
to Get Justice" (2020). Articles by Maurer Faculty. 2945,
https://www.repository.law.indiana.edu/facpub/2945

WEEK 4-6
WRIT REMEDY AND THE NATIONAL GREEN TRIBUNAL

The focus will be on understanding the heightened use of writs as a redressal mechanism
in environmental matters. We will explore the consequential evolution of environmental
jurisprudence, with notable contributions emanating from the Supreme Court.

I. PUBLIC INTEREST LITIGATION

MANDATORY READINGS

1. Rajamani, Lavanya. “The Right to Environmental Protection in India: Many a Slip

between the Cup and the Lip?” Review of European Community & International
Environmental Law 16, no. 3 (December 1, 2007): 274–86.
2. Bhushan, P (2004): “Supreme Court and PIL”, Economic & Political Weekly, Vol
39, No 18, pp 1770-74.
3. Sahu, G (2008): “Implications of Indian Supreme Court’s Innovations for
Environmental Jurisprudence”, Journal of Law, Environment and Development,
No 4/1.
4. Prashad, Garima, Indian Judicial Activism on the 'Right to Environment':
Adjudication & Locus Standi (June 29, 2018). Available at SSRN:
https://ssrn.com/abstract=3391846 or http://dx.doi.org/10.2139/ssrn.339184

13
 Recommended Cases
1. M.C. Mehta v. Union of India, AIR 1988 SC 1037 (Kanpur Tanneries Case)
2. Sachidanand Pandey v State of West Bengal, AIR 1987 SC 1109
3. Rural Litigation and Entitlement Kendra v State of UP, AIR 1982 SC 652
4. M/s Abhilash Textiles v Rajkot Municipal Corporation, AIR 1988 Guj. 57

SUGGESTED READINGS
1. Subhash Kumar v State of Bihar, AIR 1991 SC 420
2. Nupur Chowdhury (2014) Environmental risk regulation and the Indian Supreme
Court: an exercise in de-formalization of the law?, Journal of Risk Research, 17:1,
61-80, DOI: 10.1080/13669877.2013.822918
3. Fisher, Elizabeth. “Expert Executive Power, Administrative Constitutionalism and
Co-Production: Why They Matter.” In Regulating Risks in the European Union :
The Co-Production of Expert and Executive Power. Hart Publishing, 2017.
https://doi.org/10.5040/9781509912650.
4. Rajamani, L. “Public Interest Environmental Litigation in India: Exploring Issues
of Access, Participation, Equity, Effectiveness and Sustainability.” Journal of
Environmental Law 19, no. 3 (August 9, 2007): 293–321.
https://doi.org/10.1093/jel/eqm020.
5. Baxi, U (1997): “Judicial Activism: Usurpation or Re-Democratisation?”, Social
Action, Vol 47, No 4

II. ENVIRONMENTAL PRINCIPLES

POLLUTER PAYS, PRECAUTIONARY PRINCIPLE, PUBLIC TRUST DOCTRINE,
SUSTAINABLE DEVELOPMENT

MANDATORY READINGS

1. M C Mehta v Kamal Nath, (1997) 1 SCC 388

2. Indian Council for Enviro-Legal Action v UOI 2010 SC (Bicchri Village case)
3. Vellore Citizens’ Welfare Forum v. Union of India and others [(1996) 5 SCC
4. Andhra Pradesh Pollution Control Board v MV Nayudu (1999(2) SCC 718)
5. Narmada Bachao Andolan v. Union of India AIR 2000 SC 3751
6. Intellectuals Forum, Tirupati v. State of A.P. AIR 2006 SC 1350

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 III. THE NATIONAL GREEN TRIBUNAL ACT

MANDATORY READINGS

1. Armin Rosencranz and Geetanjoy Sahu, Assessing the National Green Tribunal
after Four Years, (2015) 5 Journal of Indian Law and Society, pp. 191-200.
2. Swapan Patra and V. Krishna, Role of Green Tribunals in India, Indian Journal of
Geo Marine Science, (2015) Vol. 44(4), April, pp. 445-453.
3. Prafulla Samantra and Anr. v. Union of India and Ors. (POSCO Case).
4. M/S. Sterlite Industries (India) v. The Chairman, Tamil Nadu Pollution State
Control Board and Ors. (Sterlite Case).

SUGGESTED READINGS
1. Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and
connected cases, LL 2021 SC 549 (Available at: https://www.livelaw.in/top-
stories/ngt-powers-not-adjudicatory-forum-inquisitorial-functions-supreme-
court-justice-hrishikesh-roy-183467)
2. Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and
connected cases, LL 2021 SC 549 (National Green Tribunal Is Vested With Suo
Motu Jurisdiction, Declares Supreme Court (Available at:
https://www.livelaw.in/top-stories/ngt-suo-motu-jurisdiction-supreme-court-
national-green-tribunal-suo-motu-powers-letters-media-reports-183291).

ADVANCED READINGS
1. Asimow, Michael. “Five Models of Administrative Adjudication.” The American
Journal of Comparative Law 63, no. 1 (January 1, 2015): 3–32.
https://doi.org/10.5131/AJCL.2015.0001.
2. Gill, G. (2016). Environmental Justice in India: The National Green Tribunal and
Expert Members. Transnational Environmental Law, 5(1), 175-205.
doi:10.1017/S2047102515000278

WEEK 7-8
STATUTORY REGIMES REGULATING RISK

The exploration will centre on the legal and policy frameworks regulating environmental
risks in accordance with the Air, Water, and Environmental Protection Acts. This segment
will also delve into the discussion of Environmental Impact Assessment (EIA) and Coastal
Regulation Zone (CRZ) norms, elucidating their significance and drawing insights from
relevant case laws.

15
 I. WATER POLLUTION

MANDATORY READINGS

1. M/s Delhi Bottling Co. Pvt. Ltd. v Central Board for the Prevention and Control of
Water Pollution, AIR 1986 Del. 152
2. Stella Silks vs. State of Karnataka, AIR 2001 Kant 219
3. Narula Dyeing & Printing Works vs. Union of India, AIR 1995 Guj 185
SUGGESTED READINGS

4. M C Mehta v Union of India, AIR 1988 SC 1037 (Kanpur Tanneries Case)

5. M C Mehta v Union of India, AIR 1988 SC 1115 (Municipalities Case)
6. Municipal Council, Ratlam v Vardichand, AIR 1980 SC 1622
7. M. C. Mehta v. Union of India, (2015) 12 SCC 764

II. AIR POLLUTION

MANDATORY READINGS

1. M C Mehta v Union of India, AIR 1997 SC 734 (Taj Trapezium Case)

2. M C Mehta v Union of India, AIR 2002 SC 1696 (CNG Vehicles Case)

SUGGESTED READINGS
3. Murli S. Deora v Union of India, AIR 2002 SC 40
4. Forum, Prevention of Environmental & Sound Pollution v Union of India, AIR
2005 SC 3136
5. Orissa State Prevention and Control of Pollution Board v M/s Orient Paper Mills,
AIR 2003 SC 1966
6. Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association,
AIR 2000 SC 2773
7. Sirikoti Narayana Rao And Ors. vs A.P. Pollution Control Board 2007 SCC OnLine
AP 133.
8. V.S. Damodaran Nair And Anr. vs State Of Kerala 1995 SCC OnLine Ker 83
9. J.C. Patil v. Union of India MANU/GT/0141/2015.

16
 III. CONCEPTUAL/POLICY QUESTIONS ON EXPERTISE AND ENVIRONMENTAL
REGULATION

MANDATORY READINGS

1. Sahu, Geetanjoy. “Environmental Regulatory Authorities in India: An

Assessment of State Pollution Control Boards.” Mumbia: Tata Institute of Social
Sciences, 2013.
2. On The Quest For Green Courts In India by Bharat H. Desai* and Balraj Sidhu at
https://www.nycourts.gov/court-innovation/Winter-2010/jciDesai.pdf

SUGGESTED READINGS

3. AP Pollution Control Board v. M V Nayadu (1999)2SCC718

IV. REGULATORY REGIMES UNDER THE ENVIRONMENT PROTECTION ACT

A. Environmental Impact Assessments

MANDATORY READINGS
1. Utkarsh Mandal v. Union of India https://indiankanoon.org/doc/188721650/
2. Samarth Trust A Registered Trust v. Union of India MANU/DE/1129/2010
3. Hanuman Laxman Aroskar and Ors. v. Union of India and Ors.(2019)15 SCC 401
(Goa airport case I)
4. Hanuman Laxman Aroskar v. Union of India and Ors, (2020) 12 SCC 1. (Goa
airport case II)
5. Jamwal, K and Charu Sharma, “The curious case of “violation”: deconstructing
the procedure under the Draft Environmental Impact Assessment Notification
2020”, 2021, Indian law Review, 1-11 available at
https://doi.org/10.1080/24730580.2021.1992576
6. EIA notifications

SUGGESTED READINGS

1. Ghosh, Shibani. “Demystifying the Environmental Clearance Process in India –

NUJS Law Review.” NUJS L. Rev 6 (2013): 433.
2. ADITHYA PRADYUMNA, Health Aspects of the Environmental Impact
Assessment Process in India Economic and Political Weekly, Vol. 50, No. 8
(FEBRUARY 21, 2015), pp. 57-64
3. Philippe Cullet , Sardar Sarovar Judgment and Human Rights , Economic and
Political Weekly , May 5-11, 2001, Vol. 36, No. 18 (May 5-11, 2001), pp. 1503-1504

17
 4. Narmada Bachao Andolan v. Union of India and Ors., (2000) 10 SCC 664.

B. Coastal Regulation Zoning

MANDATORY READINGS

1. CRZ Notifications
2. Kohli, Kanchi, Manju Menon, Meenakshi Kapoor, Preeti Venkatram, and Satnam
Kaur. “CZMAs and Coastal Environments: Two Decades of Regulating Land Use
Change on India’s Coastline | Centre for Policy Research.” New Delhi: Center for
Policy Research, 2015. https://www.cprindia.org/research/reports/czmas-and-
coastal-environments-two-decades-regulating-land-use-change-
india%E2%80%99s.
3. Worli Koliwada Nakhwa v. Municipal Corporation of Greater Mumbai
https://www.livelaw.in/pdf_upload/pdf_upload-362244.pdf

WEEK 9-10
LAND REGULATION – FOREST & WILDLIFE

The focus will pivot towards the realm of land regulation within environmental law,
specifically addressing forest protection and wildlife. This exploration entails a
comprehensive examination of pertinent statutes, including the Indian Forest Act, 1927,
and The Wildlife (Protection) Act, 1972. We will delve into the legal intricacies and
ecological implications associated with these statutes, fostering a nuanced understanding
of the regulatory frameworks governing land use in the context of environmental
conservation.

I. FOREST
MANDATORY READINGS

1. Indian Forest Act, 1927

2. Forest Conservation Act, 1980
3. Forest Rights Act, 2006
4. Guha, Ramachandra. “An Early Environmental Debate: The Making of the 1878
Forest Act.” The Indian Economic & Social History Review 27, no. 1 (March 1,
1990): 65–84. https://doi.org/10.1177/001946469002700103.
5. T N Godavarman Thirumulkpad v Union of India, AIR 1998 SC 769, AIR 2005 SC
4256
6. Orrisa Mining Corporation v. Ministry of Environment and Forests [2013] 6 S.C.R.
881
7. K M Chinappa v Union of India, AIR 2003 SC 724

18
 8. UOI vs. Kamath Holiday Resorts, AIR 2006 SC 1040
9. Samatha v. State of Andhra https://indiankanoon.org/doc/1969682/

Video:
10. Forest Man of India – Documentary,
https://www.youtube.com/watch?v=HkZDSqyE1do&t=29s

II. WILDLIFE PROTECTION

MANDATORY READINGS

1. The Wildlife (Protection) Act, 1972

2. Prevention of Cruelty to Animals Act, 1960
3. Indian Handicrafts Emporium v Union of India, AIR 2003 SC 3240
4. Wildlife Protection Amendment Act, 2022, Available at:
https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20Wild%20Lif
e%20(Protection)%20Amendment%20Act,%202022.pdf.
5. Aathira Perinchery, ‘Why the Environment Ministry’s Proposed Changes to
Wildlife Act Will Weaken it’ (The Wire, 20 Jan 2022)
<https://thewire.in/environment/why-the-environment-ministrys-proposed-
changes-to-wildlife-act-will-weaken-it>.
6. CR Bijoy, ‘The underbelly of the Forest Conservation (Amendment) Bill 2023’
(Mongabay, 7 April 2023) <https://india.mongabay.com/2023/04/commentary-
the-underbelly-of-the-forest-conservation-amendment-bill-2023/>

SUGGESTED READINGS

1. Brian Favre, “Is there a need for a new, an ecological, understanding of legal animal
rights?,” Journal of Human Rights and the Environment, Vol. 11 No. 2, September
2020, pp. 297–319
2. Animal and Environment Legal Defence Fund v Union of India, AIR 1997 SC 1071
3. Navin M Raheja v Union of India, (2001) 9 SCC 762
4. Chief Forest Conservator, Wildlife v Nisar Khan, AIR 2003 SC 1867
5. Centre for Environmental Law WWF-I v Union of India, AIR 1999 SC 354
6. State of Bihar v. Murad Ali Khan (1988) 4 SCC 655
7. Balram Kumawat v. UOI, AIR 2003 SC 3268

VIDEOS
1. How far should we go to stop poaching, BBC https://youtu.be/2EdfVvK1Ft0
2. Hampi – Valley of the Kings – short documentary about wildlife conservation in
India, https://www.youtube.com/watch?v=wZoJx16o15s

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 3. In Depth – Endangered Species,
https://www.youtube.com/watch?v=H8cE8I7iMok

WEEK 11 & 12
TRANSNATIONAL MARKETS, CORPORATE LAW, AND ENVIRONMENTAL
PROBLEMS

The focus turns to the intersection of transnational markets, corporate law, and
environmental challenges. Within this context, our exploration will extend to Corporate
Social Responsibility (CSR) as delineated in the Companies Act of 2013, as well as the
broader framework of Environment, Social, and Corporate Governance. This segment
invites a comprehensive analysis of how corporate practices intersect with environmental
concerns, exploring legal frameworks and ethical considerations that shape the
relationship between corporate entities and environmental issues.

I. UNDERSTANDING TRANSNATIONAL MARKETS AND CORPORATE LEGAL

RESPONSIBILITY

MANDATORY READINGS

1. Heyvaert, V., & Duvic-Paoli, L-A. (2020). The Meanings of Transnational

Environmental Law. In V. Heyvaert, & L-A. Duvic-Paoli (Eds.), Research
Handbook on Transnational Environmental Law Edward Elgar.
2. Camelia Dewan, ‘Living with Toxic Development: Shipbreaking in the
Industrialising Zone of Sitakunda, Bangladesh’ (2020) 36(6) Anthropology Today
3. Carrie Bradshaw, ‘Corporate Liability for Toxic Torts Abroad: Vedanta v Lungowe
in the Supreme Court’ (2020) JEL 32, 139-150

II. ROLE OF THE CORPORATION AND CORPORATE LAW IN ADDRESSING

ENVIRONMENTAL PROBLEMS

MANDATORY READINGS

1. Sarah E Light, ‘The Law of the Corporation as Environmental Law’ (2019)

71 Stanford Law Review 137.
2. Section 135, Companies Act 2013 (Corporate Social Responsibility)
3. Section 166, Companies Act 2013 (Directors Duties)
4. SEBI Circular SEBI/HO/CFD/CMD-2/P/CIR/2021/562, Business Responsibility
and Sustainability Reporting by Listed Entities (May 10, 2021).

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 III. ON ENVIRONMENTAL, SOCIAL, AND CORPORATE GOVERNANCE (ESG)

MANDATORY READINGS

1. Bruner, Christopher M., The Corporation as Technology: Re-Calibrating Corporate

Governance for a Sustainable Future (April 18, 2022). Oxford University Press,
2022 (Introduction only).
2. Umakanth Varottil, ‘The legal and regulatory impetus towards ESG in India:
Developments and challenges', Research Handbook on Environmental, Social and
Corporate Governance (Edward Elgar, 2023)
3. Mikko Rajavuori, Annalisa Savaresi, and Harro van Asselt, ‘New Avenues for
Corporate Climate Accountability’ (Oxford Business Law Blog, 2 May 2023).

WEEK 13-14
SUSTAINABILITY & CLIMATE CHANGE

The section aims to provide a comprehensive overview, blending international

environmental norms with a specific emphasis on India's challenges and roles. It
combines foundational principles, significant international agreements, and India-
specific documents, ensuring a well-rounded understanding of the subject area.

1. FOUNDATIONS OF SUSTAINABLE DEVELOPMENT

MANDATORY READINGS

1. SDGs, https://sdgs.un.org/goals
2. Christina Voigt, The Principle of Sustainable Development: Integration and
Ecological Integrity, in Rule of Law for Nature: New Dimensions and Ideas in
Environmental Law 146–157 (Christina Voigt ed., 2013).

2. CLIMATE CHANGE

MANDATORY READINGS

1. Bodansky, Brunnée and Rajamani, International Climate Change Law (2017)

Chapter 7: Paris Agreement
2. UNEP Emissions Gap Report (2023)

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 3. INDIA’S PERSPECTIVE

MANDATORY READINGS

1.National Action Plan on Climate Change pgs. 1-9

2.India’s NDC (2015), Updated NDC (2022)
3.India's Third National Communication (2023)- [Executive Summary] along with Initial
Adaptation Communication to the UNFCCC [Executive Summary, Chapter 2:
Implementation and Support Needs for Adaptation Actions in India]
4. M.K. Ranjitsinh vs Union Of India, SCC OnLine SC 570, 21 March 2024.

SUGGESTED READINGS

1. Summary of Global Climate Action at COP 29

2. Climate finance short-changed: The real value of the $100 billion commitment in
2019–20. (Oxfam International)
3. Martin Khor, ‘The Equitable Sharing of Atmospheric and Development Space’, in
(2010) South Center Research Paper.
4. UNFCCC, Nationally Determined Contributions Registry
5. Rajamani, The US and the Paris Agreement: In or Out and At What Cost, EJIL Talk,
10 May 2017
6. Rajamani, Reflections on the US withdrawal from the Paris Agreement, EJIL Talk, 5
June 2017
7. Dubash, Navroz K., Radhika Khosla, Ulka Kelkar, and Sharachchandra Lele. “India
and Climate Change: Evolving Ideas and Increasing Policy Engagement.” Annual
Review of Environment and Resources 43, no. 1 (2018): 395–424.
8. Dipesh Chakrabarty, The Politics of Climate Change is More Than the Politics of
Capitalism
9. Sumudu Atapattu, Significance of International Environmental Law Principles in
Reinforcing or Dismantling the North–South Divide
10. Iacobuta, Gabriela, Navroz K. Dubash, Prabhat Upadhyaya, Mekdelawit Deribe, and
Niklas Höhne. “National Climate Change Mitigation Legislation, Strategy and Targets:
A Global Update.” Climate Policy 18, no. 9 (October 21, 2018): 1114–32.
11. Report from the 1st Global Stocktake, UNFCCC
(https://unfccc.int/documents/637073)

Week 15: REVIEW

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