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ARTICLE · 07 DECEMBER 2018

Remedies Available Under Indian Legal Framework vis-à-vis Environmental Protection: An Overview

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In India, there are a plethora of legal provisions which seek to protect the environment from attacks from the human race.

IndiaEnvironment

Introduction

In India, there are a plethora of legal provisions which seek to protect the environment from attacks from the human race. Along with the various Constitutional provisions, there are several legislative enactments passed by the Parliament of India in order to achieve the constitutional objective of ensuring a wholesome environment to the citizens of India. To name a few, they are Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986. Also, there are several provisions under the Indian Penal Code, 1860, which highlight the penal provisions in case of injury sustained by any individual on account of environmental damage caused by any other individual. Also, there are ample remedies available under the common law vis-à-vis environmental protection such as nuisance, trespass, negligence and strict liability.

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