Environmental Science And Technology - Master Dissertation

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    A human rights approach to environment protection in india
    (Central University of Punjab, 2014) Kumar, Abhishek; Pathak, Puneet
    Human Rights and Environment protection have traditionally been envisaged as two distinct independent approaches intended for the well-being of humanity. Towards the last two decades, the perception arose that the cause of protection of the environment could be promoted by setting it in the framework of human rights. It is evident by the outcome documents of international conferences, emerging international environmental law and its practices which considers the human rights framework is an effective means to achieving the ends of conservation and environment protection. However, the concept of sustainable development has tried to mitigate environmental problems to a great extent but the gradual application of human rights approaches to environment protection have proved to be more fruitful. As environmental law is in the process of evolving so, it needs to have a strong and well-defined structure for wide recognition. It goes without saying that the relationship of human rights and environment protection are indispensable as environment degradation leads to numerous human rights violations. The present study is intended to describe the interlinkage between environmental protection and human rights approaches by analysing instruments, initiatives taken by environmental and human rights bodies and the judicial pronouncement of various trabunals. It also endeavour to search the linkage by analysing different kinds of stiff resistance against mega projects resulted environmental degradation, migration, unemployment and the violation of other human rights in India. Further, it describes the role of the Indian Judiciary in the development of Indian environmental jurisprudence by putting the issue of environment in the framework of fundamental rights. The credit for striking a balance between development and the environment goes to the judiciary by its own vibrant interpretation to meet the constitutional objectives.