scholarly journals Law Of Environment In India: Problems And Challenges In Its Enforcement

Author(s):  
Ashish Verma

There is no deficiency of available legislations on environmental protection in India but enforcement of these legislations has been far from satisfactory. There is urgent need for the effective, successful and well–organized enforcement of the Constitutional mandate and other environmental legislations or laws in India. The creative and innovative role of India Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. Pursuant to the provisions contained in Articles 48–A and 51–A[h] of the Indian Constitution, various Public Interest Litigations have been instituted in the Supreme Court against several industries for failing to provide sufficient pollution control and also against Pollution Control Boards to direct them to take proper measures to ensure pollution control in Indian perspective. For the purpose of effective, successful and well–organized enforcement of these legislations, it is required to set up an Adjucatory Body in each State in India, which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.

Author(s):  
Dr. Ram Charan Meena

To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and internationally. Under the structure of the Indian Constitution, a number of Articles are enumerated in which environmental duties to preserve the natural resources of the country have been stated like Articles 48–A and 51–A[g]. Additionally, the Constitution also provides procedures in Articles 252 and 253 for adopting national legislations in regard to the needs of the States. The constitutional mandates and other environmental laws or regulations in India effective, successful and urgent need to streamline enforcement. The creative and innovative role of Indian Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. In this research paper, an effort has been made to momentarily outline the various Indian legislations and international treaties relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement, scope and limit of these legislations has also been critically examined and evaluated in systematically manner. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.


1992 ◽  
Vol 26 (7-8) ◽  
pp. 1915-1920
Author(s):  
D. Kinnersley

The scope for involving private capital participation in wastewater treatment and pollution control is attracting attention in a number of countries. After noting briefly some influences giving rise to this trend, this paper discusses frameworks in which such participation may be developed. In some aspects, there are choices available and it is essential to shape the private participation appropriately to the community's situation and problems, with due recognition of the hazards also involved. In other aspects, policy choices are more constrained, and there are requirements which it is suggested all private participation frameworks should provide for as clearly as possible. Effective private participation generally depends on re-designing and strengthening the role of government as the scale of its former role is reduced. Getting this re-design of the government role right is at least as important as making appropriate choices for format of private participation.


2017 ◽  
Vol 11 (1) ◽  
pp. 83-103
Author(s):  
Husnul Khatimah

This study analyzes the role of sukuk in national economic development. During this time the source of development financing consists of several kinds including taxes, bonds, foreign debt and Islamic bonds (sukuk). Sukuk has been developed in Indonesia since 2002 (published Indosat) and is still growing and the number of issuers are even greater. The research method using descriptive quantitative, data source in this research is secondary data obtained, balance of payments in the government, the state budget. This study uses a quantitative descriptive approach. Data were processed using matrix comparison of the performance of sukuk and conventional bonds to finance national development. The role and contribution of sukuk to finance the construction has been increasing. In 2011 amounted to 34% of financing needs are met through sukuk. Until 2016 the proportion was 60%. Instead the role of foreign debt be decreased. In 2011 only 7%, and by 2016 the portion close to 0%.


Development on national basis is imperative to the sustenance and growth of a Nation. The focus of the paper is on the imperative of insurance and technical education towards national development. The methodology adopted is mainly secondary source, relevant materials were considered and opinion formed. The various development plans in Nigeria from First Development Plan (1962 – 1968) to the most recent of National Industrial Revolution Plan of 2014. Technical education as a strategy for National Development. The experience of countries such as Malaysia, South Korea, Australia and Japan among others as guide for Nigeria. Means of acquiring technical education was also explained. The challenges encountered by the provider of technical education, such peoples attitude to technical education, dearth of teachers and instructors on technical education, funding among others. The paper also took a critical look at the role of insurance in National Development. These roles includes; offering Insurance and financial protection, instilling sense of security and peace of mind, acting as stabilizing factor, acting as institutional investor, and public safety and new product development. Other roles include; enhancing financial security and peace of mind among others. It was further stated that for insurance to function effectively in this role, the government and other stakeholders have a role to play. In conclusion, suggestions for improvement to enable insurance and technical education contribute positively to national development includes Government training Institutions, Parent and Guardian, Development Partners and Employers as stakeholders who must be ready to play a proactive role to achieve a sustainable national development of our dream.


Author(s):  
Harpreet Kaur

The Digital library plays an important role in promoting the use of information. Digital libraries give solutions to main challenges to traditional libraries such as storage. This paper discusses the concept of digital library and how it helps in conserving manuscripts and what type of equipments or software are required in this work. We want digital information in every field so that every library should be a digital library. It highlights the Necessity, Challenges and issues in creating digital library, there are certain issues which should be taken care like copyright and Intellectual Property Right. This article also explores successful digital library project set up in India and what is the future of digital library in Indian scenario.


Author(s):  
Harpreet Kaur

The Digital library plays an important role in promoting the use of information. Digital libraries give solutions to main challenges to traditional libraries such as storage. This paper discusses the concept of digital library and how it helps in conserving manuscripts and what type of equipments or software are required in this work. We want digital information in every field so that every library should be a digital library. It highlights the Necessity, Challenges and issues in creating digital library, there are certain issues which should be taken care like copyright and Intellectual Property Right. This article also explores successful digital library project set up in India and what is the future of digital library in Indian scenario.


Author(s):  
Pedro Teixeira ◽  
Leonor Teixeira ◽  
Celeste Eusébio

This chapter describes how Tourism 4.0 is a concept that combines tourism and the fourth industrial revolution, and although the literature in this field is very scarce, this concept has been explored in some research projects, such as the government-sponsored research project in Slovenian tourism. People with various kinds of access requirements represent a combination of challenges and opportunities for the tourism industry. Tourism 4.0 set up the main goals of making tourism accessible to everyone at any time. Therefore, this new phenomenon may have an essential role in the development of accessible tourism. The adoption of technological components in accessible tourism enables the development of a new technological solution that can facilitate access to tourism products for disabled people, contributing to the development of accessible tourism. The new term Accessible@Tourism 4.0 is the answer to the role of the fourth industrial revolution in accessible tourism, emphasizing the effect of Industry 4.0 components in the tourism sector.


Theology ◽  
2017 ◽  
Vol 120 (1) ◽  
pp. 3-10
Author(s):  
James Jones

In 1989, 96 Liverpool Football Club supporters were killed at the Hillsborough Stadium in Sheffield. It was the biggest sporting disaster in British football. The original inquests returned a verdict of ‘accidental death’. For over 20 years the families of the 96 and the survivors campaigned against this verdict. In 2010 the government set up an Independent Panel with myself as its Chair. Its remit after consultation with the families and survivors was to access and analyse all the documents related to the disaster and its aftermath and to write a report to add to public understanding. The Panel’s Report was published in 2012 and led to the quashing of the original verdicts and the setting up of fresh inquests. After two years and the longest inquests in British legal history, the jury gave its determination of ‘unlawful killing’. Here I reflect theologically on the public and pastoral role of the Church of England and its mission to wider society.


2019 ◽  
Vol 9 (4) ◽  
pp. 248
Author(s):  
Harry Entebang ◽  
Richard T. Harrison

A nation’s economic growth has been associated with the role of entrepreneurship. While recognising the work of entrepreneurship on the mindset and behaviour of individual entrepreneurs, research into an organisational perspective of entrepreneurship continues to emerge due to unprecedented developments occurring around the world over the last two decades. Notably, past studies have postulated that entrepreneurial organisations tend to perform better than conservative organisations. In this vein, the Malaysian government has set up Government-linked companies (GLCs) to enable these entities to become more effective, efficient, and competitive, which can assist the government in strengthening its economy. On the other hand, despite considerable improvements, the overall performance of GLCs has been unsatisfactory. Given the hostility and dynamism of the business environment, GLCs have no other option but to improve and perform better. Recognising this, the purpose of the study is to determine the underlying forces forcing GLCs to improve and to identify forms of corporate entrepreneurship (CE) pursued by GLCs. Building on the outcomes of semi-structured interviews with senior managers in GLCs, the need for CE is fostered by competition and market pressure, technological changes, and increases in operation costs. Finally, future studies of CE in Malaysia may consider other aspects of CE, including issues and challenges in pursuing CE effectively within GLCs business environment.


2019 ◽  
Vol 65 (2) ◽  
pp. 390-408
Author(s):  
Siddharth Peter de Souza ◽  
Aayush Agarwala

Recent instances of improper exercise of discretion by governors of Indian states have once again underscored the need for a critical appraisal of the manner in which such governors are appointed and removed under the Indian Constitution. The gulf between what the role of a governor was envisaged to be by the Constituent Assembly and what has actually played out in reality is a matter of grave concern. It would not be wise for us to expect the legislature to provide any solution to this problem, since the prevailing scenario plays to the advantage of whichever party holds the reins at the Centre. The judgement of the Supreme Court of India in the B. P. Singhal case made some important interventions as far as this vexed issue is concerned. However, the much-needed panacea to the ills of the process of appointment and removal of governors is still eagerly awaited. In this article, we recommend that the Supreme Court of India adopts a more contextualised approach to solving this intractable problem and considers adopting the ‘nudge theory’ to provide a framework to encourage important actors in this context to take more responsible and fair decisions in order to protect and preserve the democratic structures.


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