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Srishti Sinha

The Current Environmental Protection Laws and Practices. A Study Regarding India’s Sustainable Development

ABSTRACT

The environment protection is required for reasonable turn events and has been test to the human local area. The environmental change because of disorderly advancement has prompted an unfavourable influence on climate and human wellbeing. With expansion in over utilization of normal assets through science and innovation, has prompted wrecking ecological effect in places across the world. Overall set of laws has presented a few regulations and ordered councils like “national green tribunal” to hinder the undesirable development and safeguard the climate from corruption. Nonetheless, because of absence of execution of these regulations they are addressed on their adequacy and earnestness comparable to the ecological regulations in the country. Our constitution through Article 21 has expressly added the “right to live in healthy environment” which is however to be placed in essence and substance.

This paper investigates different parts of feasible turn events and interrelation of different legitimate viewpoints for “environment protection in India”.

Keywords: sustainable development, environment protection, sustainable development goals, Article 21

INTRODUCTION:

The environment is important as it provides for many basic needs and serves as a kind of life support system.

Being integrally linked to and dependent on the state of the environment generation after generation, humanity is on the point of extinction. The environment has been severely degraded, especially in the last few decades, largely in the name of development and due to need for increased profit. The international society is now focused on how environmental resources depletion and global warming are contributing to planets dilemma. Various studies have occasionally discovered that the drive to develop by generating more income is significantly harming the state of the environment.

The most concerning issue ever of this period is environmental pollution and degradation. Guided by the inborn human brain science to look for better life, satisfaction and boundless fortune man has left upon a corrupt and unguided longing for abuse of natural assets so much that it has brought about the decrease of natures ability and destabilization of the equilibrium of the planets resources. The interdependence and interrelationship between humans and the environment have existed for a very long time. (1) Significance of having great climate was known to Indian culture through different strict practices which was predominant during antiquated times in India, it has been viewed as that the climate is more better than person who can overwhelm the states of individual and appropriately different strict practices were remembered for the type of revering of different parts of climate with respect to example trees, animals, mountains, water bodies and so on. All parts of climate have a prevalent spot in the deference in Hindu religious philosophy. (2)

Old Hindu works like Vedas, Puranas, Upanishads, and different sacred writings had areas of strength for given on the different parts of environment including trees, creatures and their monstrous need and importance to individuals. (3) The Rig Veda had explicitly referenced the possibilities of common habitat and solid accentuation in controlling the debasement of climatic circumstances, better states environment for healthy living. Living creatures including different creatures and trees and plants were dealt with whats more, connected with gods and goddesses and an obligation was projected one extremely individual to take a stab at saving something very similar for a long time into the future. (4) Strict convictions were polished in censuring the abusing of normal assets by between connecting it with very inherent powers in forestalling the mass use of natural assets.

HISTORICAL BACKGROUND OF ENVIRONMENT PROTECTION AND DEVELOPMENT IN INDIA

History is the diagram of future improvement in obvious sense. History can provide us with the right information on understanding whats going on with everything and gives us the capacity to separate among great and terrible, good and bad or right and erroneous. It likewise directs us to accomplish a superior future, since we can learn as it were from our past mistakes. Thus, development in evident sense is associated with the history and societies of each and every nation. Environment protection can all the more likely be accomplished on the off chance that we can incline toward the authentic foundation of environment assurance which was rehearsed by our precursors.

India has consistently has a rich old practice of safeguarding the climate which thusly, had made individuals of India love and embrace nature inside and out. Trees, water, creatures, land have a significant notice in old texts. Indian texts, for example, the Arthashastra, Santhapatha Bhramanas, Vedas, Manusmritis, Ramayana, Mahabharata, and so on empower us to figure out the ideas of environment protection and keeping up with additionally psalms in the four Vedas, Rig-Veda, Yajurveda, Samveda, Atharveda, uncover full awareness of bothersome impacts of environmental change, contortion in natural equilibrium, and ecological debasement; and suitably alert against them. (5)

The ancient individuals however didnt concentrate on the significance of environment and nature in books, journals or articles as we truly do yet were aware of its fundamental standards and importance. They accepted that the protection of mother earth is their very own ethical obligation and thus, ought to basically save nature however much as could reasonably be expected without having a cost for it for the fulfilment of their necessities

(6). Vedic culture (1500-500 BC) underlines on security and cleaning of the climate however we cant entirely suggest this viewpoint as it is additionally trusted that, individuals in Indus valley who rehearsed horticulture were profoundly reliant upon water system and abroad exchange, which would just be conceivable due to the downpour took care of soil and simple admittance to the ocean. The decrease of backwoods was direct result of utilization of massive measure of lumber wood for consuming blocks. Less event of precipitation, soil erosion, absence of dams is probably going to be the superb elements which prompted the ruin of this civilisation.

(7) Manusmriti, the most legitimate among every one of the books of the Hindu code in India contain the earliest directives for safeguarding of climate and biological equilibrium. Thats what the highness says- harming medicinal plants, chopping down bushes, spices, herbs and so on ought to be trailed by compensation. Manusmriti further recommends that- one should not do any harm or cause injury to other animal even in the hour of trouble; which we can allocate to environment also. (8)

Vishnu Purana and Matsya Purana lay out the way that assuming that the general public neglects to keep up with biological equilibrium, it will get crushed. Hunting also is prohibited. (9)

Varah Purana says that- establishing one peepal, one neem, ten blossoming plants or creepers, two pomegranates, two oranges, five mangoes safeguard from falling in damnation. (10)

In any case, it is discernible that the question of environment and its security was a significant matter in the old times as it is today.

ANCIENT IDEAS OF SUSTAINABLE DEVELOPMENT IN CONTEXT OF INDIA

The words “sustainability” and “sustainable” first appeared in the oxford English dictionary in the second half of the 20th century, but their equivalents in German and Dutch (duurzaamheid and duurzaam) and French (durability and durable, literally “duarability”, and Nachhaltigkeit), have been utilised for quite a long time.

Concurrence with nature has been an essential piece of every old culture, including India. This is apparent from the different religious, cultural, and conventional practices; ceremonies, craftsmanship and figures; old stories that actually stay alive in various ways in the regular routines of Indians. The worries for natural protection and requests for reasonable improvement beginning with the Stockholm conference of environment and the UN Earth Summit (1992) are new in beginning when contrasted with the deep rooted social and customary acts of ecological preservation present in India. (11)

Hindu Dharma trusts on certain rationales and different Hindu sages in time to time formed different rules and codes in keeping up with the relationship of person with their wellsprings of planet. Tidiness and to have empathy towards the woods and living normal assets found conspicuousness in its different codes interlinking it with the obligations of person. Infringement of such obligation was additionally viewed as culpable offense. Incineration of dead bodies and appropriate disinfection are considered as essential demonstration under Hindu framework and non-recognition of such was considered as culpable offense (Sanhita200BCE). (12)

Numerous references to environmental management, preservation, and conservation can be found in ancient Indian literature. Texts like the Arthashastra, Brahamanas, Upanishad,

Vedas, Ramayana, and Mahabharata, among others, are rife with verses that discuss safeguarding natural resources, which aids in our understanding of the earliest concepts of environmental preservation and the importance of upholding a balance in the ecology of the forest. (13) Earth sustains us like a mother does with every one of her assets, care, and richness whats more, abundance. It gives us each help for supporting the life and does not segregate with different species. The earth had supported us for billions of years. “For our endurance, we the individuals are not permitted to annihilate there wellsprings of the earth, and obliterating the actual earth will influence our reality of life, as each part of the earth is unified piece of the god”. (14)

“Ma hinsyahsarvabhutani” is a message of the “Rig-Veda”, which means, “Do not hurt anything”.

“Arthaveda” broadcasted that “mans heaven is on the earth. This living world is a lovable place for all. It has endowments of natures bounties and love in exquisite soul.

Padmapurana states that “any individual who has connected with into killing creatures, polluting the states of climate water bodies or annihilates nurseries will doubtlessly go to hell”. (15)

The Brihadaranayaka Upanishads thinks about that “There is presence of bury reliance about that there is presence of bury reliance between the everyday environments of different animals on legitimate environmental balance. Earth is the assets for every one of the animals to get by and is considered as honey and at the same time every one of the animals are similarly qualified for honey of the earth too. (16)

The obligation to safeguard the environment turned into the obligation of the general public all in all and not the responsibility of individual was solidly seen by the old practices. The ecological organization and avoidance of contamination was not restricted to disconnected action but rather turned into the joint exertion of the society in all. The internal substance of dharma was not exclusively to safeguard the climate yet additionally to guarantee the advancement and government assistance of all the human progress. The working of dharma was not exclusively to rebuff the transgressor, however likewise to make a harmony between the eco-framework and the utilization of natural resources.

RELIGION: A REMEDY FOR ENVIRONMENTAL DAMAGE

From Buddhism to Christianity to Hinduism to Islam, different religions recognize the requirement for natural stewardship and their heavenly texts encourage followers to be overseers of the earth and its biodiversity.

HINDUISM: There are a few significant standards of Hinduism which can support the human future. Standards connecting with the unavoidable aftereffect of the human actions, the rule of interconnection of all things (living, animate, inanimate), the rule of association of past, present and future, the guidelines of uprightness of the human family, the rule of keeping amicability with the need of person furthermore, the limit of nature to supply those necessities to every single living animal. Going through them everything is the frequency of the heavenliness, which is available on the whole things by embracing a grandiose perspective on reality militates emphatically against the perspective on reality, militates emphatically against the perspectives on the outcomes of ones actions. This expects us to think, about the hole between the genuine necessities of the local area and the pride of the person. (17)

ISLAM: The Islamic view point on environment preservation mirrors a positive picture about Islam and how it embraces each and every matter the people face on the planet. The Islamic disposition toward environment and regular asset preservation isnt just in light of restriction of over-double-dealing yet in addition on practical turn of events.

The Holy Quran says: “it is He who has appointed you viceroys in the earth…. that He may try you in what He has given you.”(Surah 6:165) (18)

O children of Adam!….eat and drink: but waste not excess, for Allah loves not the wasters.”(Surah 7:3 1) (19)

Allah is He who raised the heavens without any pillars that ye can see. It is He who setup the Earth, and set thereon mountains standing firm, and flowing rivers. All his in god’s creation and Muslim should therefore seek to protect and preserve environment. Moreover, by doing so they protect God’s creatures.” (Quran 2-4 and Quran 17:4). (20)

CHRISTIANITY: There are roughly hundred refrains in the good book that discussion about security of the climate. Christians in this manner have ecological obligation and support social change to ultimately benefit the future. (OpenBible.info. n.d).

Don’t pollute the land where you are. Bloodshed pollutes the land, and atonement cannot be made for the land on which blood has been shed, except by the blood of the one who shed it.” (Verse 35: 33) (21)

When they had all had enough to eat, he said to his disciples, gather the pieces that are left over. Let nothing be wasted.”(John 6:12) (22)

We must treat nature with the same awe and wonder that we reserve for human beings. And we do not need this insight in order to believe in god or to prove his existence. We need it to breathe; we need it for us simply to be.” (Ecumenical Patriarch Bartholomew, 2010 (23)

BUDDHISM: The idea of karma alone, being a significant piece of Buddhas examples, conveys the upsides of protection and obligation regarding whats to come. It is said that the ethical quality of our activities in the current will shape our activities in the current will shape our personality for the future, a thought close of feasible turn of events.

As a bee- without harming the blossom, its colour, its fragrance-takes its nectar and flies away: so should the sage go through a village.” (24)

Drop by drop is the water pot filled. Likewise, the wise man, gathering it little by little, fills him with good.” (25)

DEVELOPMENT OF SUSTAINABLE DEVELOPMENT IN INDIA

AND CURRENT ENVIRONMENT PROTECTION LAWS

India has a significant commitment in outlining of the Sustainable development goals. It was the main country to content for commencement and reception of broadly resolved commitment to guide the advancement of sustainable development goals. (26) India has likely to exhibit intense obligation to give financing to the United Nation trust for the organization of SD Gs. It was one of the handfuls of exceptional nations to start compelling making arrangements for the accomplishment of SDGs even before their last crystallisation. (27) India become one of the preeminent nations to take part of voluntary national reviews (VNRs) where different study are utilised to gauge and chart the advancement of determined objectives, accordingly advancing the teaching of the sustainable development goals. Indias job is a long heredity in light of three boundaries ideation, strategy and institutional. (28)The extent connected with the plan and execution of global standards which have likewise been acknowledged by all part of countries with complete concordance. In strategy, India has worked with the G77 countries to assist them teaming up better with standards set forth and has pursued carrying the countries to agreement arrangements receiving rewards for all. (29) Institutionally, Indias undertaking has forever been to reinforce the domain and point of the unified countries in financial, political, and natural matters. Indeed, even the arrangements not relating to the UN have been convinced to adhere to comparable standards and rules by dynamic investment and advancement by India. (30)

Measures taken for executing SDGs in India:

  • NITI AAYOG

Niti Aayog has been accountable for supervising the public execution of the SDGs. The The Niti Aayog has finished the planning of all SDGs, central ministries, and centrally sponsored schemes as a feature of the execution interaction; Niti Aayog has likely talked with different partners at the public and local levels, including states and union territories. (31)

The 2030 plans coordinated person requires states working past arrangements storehouses and setting aggressive and interconnected monetary, social, and environmental objectives that reach out past momentary political cycles. (32)The Indian government is working with vital positioning, prioritisation, and executing strategies. The Indian government is committed to accomplishing sustainable development objectives.

The public authority has sent off a scope of public government assistance and improvement projects as a feature of its obligation to accomplishing the SDGs. In the soul of “sustainable development goals” proverb of “LEAVING NO ONE BEHIND”, the government is focused in guaranteeing “SABKA SATH SABKA VIKAS”. (33) The Niti Aayog is responsible for giving the SDG India list, a report on Indias advancement toward the United Nations sustainable objectives. In the first place, the exploration formalised how the SDGs could be estimated utilising existing public information on Indias sustainable development and afterward it looked at SDG accomplishment across states, recognising the two accomplishments and venture needs. (34)

  • STATISTICAL AND PROGRAM IMPLEMENTATION MINISTRY

One of the significant members in the execution of the SDGs is the ministry of statistics and program implementation. Markers are fundamental for following advancement and deciding the degree to which targets and objectives have been met. In India, the ministry of statistics and programme implementation (MoSPI) has made 306 public pointers in accordance with the 169 SDS targets and the Worldwide Markers System. Notwithstanding the 306 pointers, 62 need markers have been laid out for estimating Indias most fundamental developmental objectives. (35)

The MoSPI has taken numerous drives to determine information holes for SDG pointers. The services meets with line ministries/divisions and their particular caretaker organisations consistently. MoSPI, Niti Aayog, and the United Nations, addressed by United Nations Resident Coordinator Office (UNRCO) in New Delhi, India, have marked a Tripartite Memorandum of Understanding (MoU) on help for information, pointer, and measurements for checking the sustainable development goals SDGs in India. (36)The MoUs all-encompassing objective is to team up on issues connecting with measurable observing of SDG objectives and targets, including the utilization of new advancements, limit improvement to follow SDG- related results, and whatever other difficulties that might emerge.

MoSPI has shaped six subjects put together sectorial councils with respect to SDGs, with individuals from important information sources services, UN organisations accomplishes, research establishments and others, to team up on fostering a philosophy for SDG worldwide markers in the Indian setting, as well as recognising information holes in SDG observing. (35) The conservations held in these gatherings have demonstrated to be very helpful in further developing the SDG observing structure. The six sectorial advisory groups subjects are as per the following:

1. “Agriculture, food security, and poverty”;

2. “Employment, labour, and education”;

3. “Concerns regarding gender and health”;

4. “Environmental issues and climate change”;

5. “Capacity development and effective governance”;

6. “Block chain, machine learning, big data, and artificial intelligence for SDGs”.

Supreme Court stands firm on an extremely extraordinary situation and in present days considered as green tribunals of India for its obligation to safeguard the environment.

Holding an individual responsible for illegal entering others privileges to a solid and free climate has been held great by the Indian legal executives in different situations where it has been given good decisions that an individual liable for causing contamination, holds the responsibility to restore and pay for the harm caused.

“Sustainable development is a concept which has been acknowledged as part of law of the land” observed by “The Supreme court of India” in “Vellore Citizens welfare v. union of India” (37)has held that “it is a balancing concept between ecology and development which has been accepted as a part of the customary international laws though its salient features have yet to be finalised by the international law jurist.”

In the case of “Narmada Bachao v. union of India” (38) it was expressed that “development should only be carried out to the degree that nature can support it with little to no mitigation.”

In a case called “Indian council for Enviro legal Action v. union of India” (39), it was decided along similar lines that “while economic progress should not be done at the expense of ecological degradation, it also should not be hampered by it. According to a previous statement, ecological and economic growth should coexist effectively.”

“Supreme court of India” reacted vigorously with regards to this issue of “Murli S Deora v. union of India” (40) by holding that “smoking out in the open places additionally present dangers to wellbeing of the non-smokers and consequently it is precluded in broad daylight places.”

In “Mohali industry and Commerce Association v. State of Punjab” (41) the “National Green Tribunal” held that, “it is legal obligation of municipal corporation to gather the solid waste for powerful removal” it would prompt burden to the idea of sustainable development.

In “Vishnu Kumar Singh v. State of Rajasthan & ors.” (42)the “Rajasthan High Court” ruled that “private right should not take precedence over environmental safety and the right to environmental conditions. Every person should stop infringing on the environment in order to keep the development going and make it sustainable.”

While exercising its jurisdiction in “K. Guruprasad Rao v. State of Karnataka & ors.” (43) the honble “Supreme Court of India” applied the principle of sustainable development and held that “everyone during the course of development should consider protecting the ancient monuments, which are priceless resources of India.”

The “Supreme court” ruled in the case “Tirupur Dyeing Factory Owners Association v. Noyyal River Ayacutdars Protection Association and Ors.” (44) that “polluting industries must take all necessary steps to stop further environmental degradation; otherwise, their obligation would not only be limited to “ paying compensation to all victims, but also to restore the conditions of environment” by incurring reasonable costs.”

The “Supreme Court”, which is Indias highest court, has taken on the duty of preventing environmental pollution. The Supreme Court has amended “Article 21 of the Indian constitution” to embrace the right to wholesome environment by adding the “right to pollution free water and air for the full enjoyment of life” in the case of “Subhash Kumar v. State of Bihar.” (45)

Current Environmental protection laws

The following are some of the primary environmental regulations that apply to the issuance of important environmental licenses in India:

1. “Water (prevention and control of pollution) Act 1974”

2. “Air(prevention and control of pollution) Act 1981”

3. “Environment(protection) Act 1986” under this the central government to go to lengths it considers significant to safeguard and work on the climate and forestall, control and lessen ecological contamination. A great many principles and warnings have been taken on under it, for example, the “E-waste management rules 2016, as amended in 2018”; “Batteries( management and handling) rules 2001 ( and the proposed draft battery waste rules 2020)”; “plastic waste management rules 2016 ( and a proposed draft 2021 amendment)”; “solid waste management rules 2016”; “construction and demolition waste management rules 2016”; “Hazardous and other waste( management and trans boundary movement) rules 2016, as amended in 2019 (HW Rules)”; “ Manufacture, storage and import of hazardous Chemical Rules 1989 (MSIHC)”; Coastal Regulation zone Notification 2019 ( and related 2021 procedure for violation of the violation of the CRZ Notification)”; “Environment Impact Assessment Notification 2006”; “Wildlife Protection Act 1972”; “Forest Conservation Act 1980”;

“Public Liability Insurance Act 1991”; “Biological Diversity Act 2002”; “National Green Tribunal Act 2010”.

OBJECTIVE

The objective of the study is to define the concept of sustainable development and how it is effectively implemented in relation to India. The pursuit of sustainable development for the protection of human rights can be accomplished by following the necessary procedures and passing stringent legislation.

In order “to dissect the current practices and regulations connecting the environmental protection and attempt to figure out the courses through which the ideas of manageable improvement can be fit to have contamination free clean air in the climate to breathe in and survive”, a careful investigation of the concerned writing by doctrinal exploration will be conveyed on, considering the patterns and arrangements of India by connecting with insurance of common freedom.

“To basically how far the teachings of polluter pay principles are valid alongside the job of legal executive in advancing the precepts of environment protection to clear its direction towards sustainable development in India.” The study will manage the chose driving decisions of the Supreme Court and high court while managing protection of environment by dissecting how far the court decisions can safeguard the interest of the human being versus the environment.

METHODOLOGY

With the research, it is planned to continue the work through comprehensive body of literature in the form of descriptive study on a few chosen factors. A top to bottom investigation of the different parts of feasible turn of events will draw out the approaches to safeguarding climate and subsequently the human privileges and for these references will be taken from different case laws revealed in unique “reporters” like “All India Reporter, supreme court cases, textbooks, periodicals, news, and journals. An in-depth study of the various aspects of sustainable development shall bring out the ways of protecting the environment and, as a result, the human rights. In order to reach a conclusion, the researcher would primarily focus on the major industrial environmental laws of India, case studies, and judgements from various constitutional courts of India.

Hence, through this exploration an endeavour is being made to bring out explicitly the purposes behind expansion in contamination made in air, water and climate and to endeavour to figure out the regulation/ goals/ authoritative choices and how it tends to be controlled and how it tends to controlled through filling the lacunas in accomplishing supportable improvement perceiving the human right.

SUGGESTION

We as a whole know our reality should be a superior spot. Every one of us can highlight substantial regions that requests prompt improvement. But we never tried to find by ourselves to solve the problems.

Luckily, association like the United Nations have obviously spread out objectives for worldwide sustainable development. In September 2015, at a notable UN summit, the alliance of world pioneers framed 17 sustainable goals, which produced results on January 1, 2016, fully intent on being achieved by 2030.

These 17 goals are as follows:

1. “No poverty”

2. “zero hunger”

3. “good health and well being

4. “quality education”

5. “gender equality”

6. “clean water and sanitation”

7. “affordable and clean energy”

8. “decent work and economic growth”

9. “industry, innovation, and infrastructure”

10. “reduced inequalities”

11. “sustainable cities and communities”

12. “responsible consumption and production”

13. “climate action”

14. “life below water”

15. “Life on land”

16. “peace, justice, and strong institutions”

17. “partnerships for the goals”

We have to contribute ourselves to achieve these goals. There is also a phrase which says that “DROP BY DROP MAKES OCEAN”, in the same way our small contribution will help in achieving the goals of sustainable development.

The most ideal way to assist with finishing poverty unequivocally is utilize your voice and dynamic commitment to request of policymakers and private industry to focus on tending to poverty. When the worlds poorest people have access to resources like worthwhile employment, high quality education, and reasonably priced healthcare, to name a few, extreme poverty will cease.

It is said that “CHARITY BEGINS AT HOME” so thats how we should stop wasting food. Like we go to any wedding or any function, there are varieties of dishes over there, which make us, crave for them badly and we feel like that take everything in our plate. But after all, man has its own capacity, we all cant all and at last food gets wasted.

So we should stop doing such things. We should take as much food as we can eat.

Even now-a-days there are many NGOs are also working in this connection. Like in function if food is left instead of throwing they can call in such NGOs, they take all the food and give it to any needy.

There is lack of awareness among people regarding this topic sustainable development so there is need to educate as many people possible like what is after effect if we do sustainable use of things and what if not.

CONCLUSION

Environmental sustainability cant be solely achieved by methodologies, programs, plans, plans, long haul objectives and so on. The law needs to select more proficient routes to confirm that the behaviours are really carried out in fact. The way to a practical economy will be troublesome one. It requires general endeavours of the entirety mankind. We are residing in the period where this way has the starting however there is a compulsion to decelerate or indeed, even turn around. It would be disadvantageous for people in the future in the event it is changed back. Ecological sustainability should be granted in dynamic cycle also, be implemented in the court at the strategy making level with less ecological corruption.

The ecological sustainability ought to be the indispensible piece of human endurance integrating peaceful accords for maintainable improvement across nations. It ought to be integrated as common liberty by every one of the countries under the regulation, as it makes legal executive to rebuff some unacceptable practitioner for any action slowing down or conflicting with the thought of natural maintainability.

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