Department Of Law

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    A Study of Legal Regime on Pharmaceuticals in Environment: International and National Perspectives
    (Central University of Punjab, 2018) Tripta; Arora, Tarun
    Development in the field of science and technology has benefitted the mankind by fulfilling its ever-rising needs. Law has also marched its pace in synchronization with the development of science and technology as it ought to shape its content in accordance with social values, aims and change with the changing requirements of the society. Therefore, the concept of development should not be adhered in such a way so as to exploit natural resources in unhealthy, unfriendly and unsustainable way resulting into depriving the future generation from their right to natural resources. The developmental needs of the mankind can be meted out with the integration of law, science and technology to ensure sustainable development. Industrial growth propelled by advancement in the field of science and technology has resulted into economic development on the one hand and adversely affected environment as well. Pharmaceutical sector is considered as one of the highlyregulated sectors in almost all the nations. However, deterioration in the quality of environment due to the presence of pharmaceuticals is an emerging issue, requiring the attention of global community. The lifespan of the humankind might certainly be referred as a positive outcome of expansion in the pharma sector yet it has resulted in germination of a conundrum due to its contrast with efforts to save environment against pollution. Pharmaceuticals are refined chemicals. These are manufactured, so as to be biologically active in living organisms. Their presence into the environment either directly or in the form of derivatives, poses grave threat to the environment. The management and extermination of pharmaceutical residues is one of the growing concerns as the pollution caused by pharmaceutical residues is emerging as a major factor for environmental degradation. Release of high concentration pharmaceutical effluents from manufacturing units along with improper disposal of unused or expired medicinal products and discharge of excreta are the major causes of concern. Though already existing legal and regulatory mechanism provides for the treatment of pharmaceutical wastes but v environmental footprints demand more should be done to cope with the issue of pharmaceuticals in the environment. The present study highlights that there is a need to have comprehensive legal framework and proper policy implementation on various aspects of pharmaceutical pollution like waste disposal, returning unused or expired medicines, take back programs. The principles of international law on sustainable development such as Precautionary Principle, Polluter Pays, Environment Impact Assessment, Cost-Benefit Analysis and so on present the solution to this alarming problem. The researcher on the basis of analytical methodology has examined the legal scenario in context of the issue, prevailing at the international arena especially in the European Union and the U.S. The researcher has also attempted to examine the relevancy of existing Indian legal framework concerning the issue. The role played by the judiciary in recognizing environmental and health rights has been examined in the light of pollution caused by pharmaceutical industries in the Patancheru-Bollaram region in the Hyderabad. The healthy and clean environment is a vital nutrient for good public health and enhanced quality of life. Looking at the seriousness of the issue, global community is mounting to introduce new and tighter regulations on the pharmaceutical residues. Indian legal framework though tried to incorporate ‘Precautionary Principle’ by defining standards for emissions and effluents, yet there is a need to apply ‘Polluter Pays Principle’ along with Precautionary approach. Thus, the present study focusses on the legal regime in context of PiE requiring integration of law, science and technology.
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    Corporate Social responsibility and its compliance mechanism with reference to environment protection in India: A case study of National Fertilizers Limited, Bathinda
    (Central University of Punjab, 2018) Kaur, Gurveer; Chauhan, Deepak K.
    The concept of Social Responsibility can be traced back into the ancient times. It was discovered by various scholars that while doing any business transactions and for the smooth progress of trade and commerce the wider goals of public interest are taken into consideration. Jesus stated that wealth encourages greed and selfishness and it does not lead to the true happiness. Today's world is facing dramatic economic, social and environmental challenges. Business ethics are gaining more importance in business sector but their goals are an integral from the societies and environment with in which they operate. The environmentalists have always been trying to protect the environment from various human actions which are uncertain in nature. This approach of the environmentalists is in favour of development of society by adopting industrialization but in a sustainable way. Industries affected environment more than any other activities, therefore, sociolegal reforms are being adopted and efforts have been made to enact and amend various laws. These laws and policies have been made, keeping in view the problems of the increasing environmental pollution and lessen its effects. Some of the specific provisions in the laws have fixed the liabilities of Industries and like organisations to compensate or re-establish the actual or natural situation in the environment. To deal with those companies section 135 of the Companies Act, 2013 plays a very important role as it states Every company that would have net worth of Rs 500 crore or more, or turnover of Rs 1000 crore or more or a net v profit of Rs 500 crore or more during any financial year shall have to constitute a corporate social responsibility committee with a board consisting 3 or more directors, out of which one has to be an independent director. The CSR Committee shall formulate and recommend to the board activities to be undertaken by the company as specified in schedule VII. The amount of expenditure should also be recommended. The board should also monitor the CSR policy of every company. The policy and the activities are to be disclosed on the company's website. The board have to make sure that the company must spend at least 2% of the average net profits of company made during three immediately preceding financial years for its CSR policy. Company must give preference to its local areas for the spending of CSR amount. If the company fails to do so, then it must justify its reasons for not doing so. To conclude this all an interview was conducted though which it came to conclusion that National Fertilizers Limited Bathinda is working honestly to fulfil their responsibility towards society and the work done by them is appreciable. It is a direct advantage towards society.
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    Right to Healthy Environment in India: A Judicial Perspective
    (Amitesh Publisher, 2015) Kumar, Deepak
    Environment and environmental rights, play a fundamental role in human life and also help in developing the values for the protection of environment. Entire life on the earth can survive with the protection and improvement of the environment and in this way right to environment has emerged as a human right. The Supreme Court and the High Courts in India have played a distinguishing role in expanding the scope of a meaningful life by applying various issues of environmental protection, resulting to that the activities posing threat to the natural resources were shortened. The judiciary in exercising the power of judicial review and developing the concept of judicial activism and by using the weapon of PIL have protected the individual's inherent right to wholesome environment as a fundamental right under Art. 21 of the Indian Constitution. Art. 21 has been trusted in a number of cases as a great tool by way of interpretation, and specifically certain cases have given a wider perspective of the Right to life. The right to live in healthy environment, including right to clean and safe drinking water, fresh and clean air etc., is continuing to gain recognition. This paper tries to discuss diverse ingredients of Indian environmental jurisprudence. Analytical method of research has been followed in this piece of research. Focus has also been given on the judicial experiences in the development of right to healthy environment as a fundamental right under Art. 21. The efforts of various scholars and researchers are also in purview of this work.
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    Human rights approach to environmental protection
    (Ontario International Development Agency, 2017) Pathak, Puneet
    Environmental protection and human rights are interrelated, interconnected, and mutually responsive as both of them intended to the well-being of humanity. Safe and healthy environment is the precondition for the enjoyment of fundamental human rights. The linkage between these two approaches has recognised in various international and regional instruments, resolutions of the UN subsidiary organization, the outcome documents of international conferences, and the judicial pronouncement of tribunals, which consider the human rights framework as an effective means to achieving the ends of environment protection. Despite the evident relationship between these two, human rights violations and environmental degradation have been treated by most organizations, governments and even academia as unrelated issues. Environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environmental abuse. A state of natural imbalance has been developed by many human-centric activities such as the industrialization, urbanization and the large scale exploitation of natural resources damaging the environment led to many serious repercussions on a large scale including Global Warming, drought, flood, environmental Refugees and migration, health issue, Ozone Depletion. Such issues involves not only environmental factors but other factors as well i.e. political, social, economic factors which requires the integration of both approaches to tackle the issues more holistically. The result of looking these two approaches separately is that the victims of environmental degradation are unprotected by the laws and mechanisms established to address human rights abuses. Linking human rights with the environment creates a rights-based approach to environmental protection that places the people harmed by environmental degradation at its center. Articulating the fundamental rights of peoples with respect to the environment creates the opportunity to secure those rights through human rights bodies in an international forum as well as the national tribunals. In this regard, the contribution made by the Indian judiciary for the protection of environment and to provide remedies to the victim of environmental harm by applying the right based approach to environmental protection is a clear example of how the framework of human rights can contribute in the protection of environment and the very existence of the humanity. The concept of sustainable development is very well served to interlink these approaches as it comprising three interrelated dimensions: environmental, economic and social. The present study is intended to describe the interlink between environmental protection and human rights approaches by analyzing instruments, initiatives taken by environmental and human rights bodies and the judicial pronouncement of various tribunals. Further it also evaluates how far the mechanism of human rights is helpful to provide remedies to the victim of environmental degradation and to provide better protection to the global environment.