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Common Law Perspective in Environmental Law 👤 Author: Chandan Sha 🟢 Introduction Environmental law is the branch of law that helps protect nature and the planet. It controls activities that harm the environment like pollution, deforestation, and illegal mining. But before India and other countries made specific environmental laws, common law was used to handle environmental issues. Even today, common law plays an important role in environmental protection. Common law means law made by judges through court decisions. It is not written in any Act or statute. It develops from customs, traditions, and previous judgments. In environmental law, common law mainly works through tort law , which helps people who suffer harm because of someone else's wrongful action. ⚖️ What is Common Law? Common law is based on past court decisions rather than written laws made by the government. It gives judges the power to make decisions based on fairness and justice. In countries like India, UK...

 Landmark Environmental Law Cases in India Environmental protection and sustainable development are no longer just policy matters—they’re a constitutional necessity. The judiciary in India has played a pivotal role in strengthening environmental jurisprudence through landmark rulings.  This blog brings a simplified yet insightful overview of key cases that shaped India’s environmental legal framework.  1. Vellore Citizens Welfare Forum v. Union of India[1] The Supreme Court heard this PIL under Article 32, filed by the Vellore Citizens Welfare Forum against pollution caused by tanneries in Tamil Nadu. Untreated chemical waste discharged into the Palar River—main drinking water source—had rendered around 35,000 hectares of farmland unfit for use. The court acknowledged that while tanneries contributed to employment and export revenue, their environmental damage couldn’t be ignored. Each tannery was fined ₹10,000 and the State was directed to award ₹50,000 to M.C. Mehta f...

  Landmark Environmental Judgments in India: Part 1 Author: Chandan Sha Introduction Environmental law in India has been greatly shaped through Public Interest Litigations (PILs), Supreme Court interventions, and a judicially evolved interpretation of fundamental rights under Article 21. This post summarizes landmark environmental judgments where the judiciary took active steps to balance development and environmental protection. 1. M.C. Mehta v. Union Carbide Corporation The infamous Bhopal Gas Tragedy in December 1984 saw a massive leak of Methyl Isocyanate (MIC) gas from the Union Carbide India Limited (a subsidiary of the U.S.-based UCC). This disaster caused over 2,200 deaths and left more than 600,000 individuals seriously affected. Initially, the Indian Government filed a suit in the U.S. District Court, New York, which was dismissed on the ground of forum non-conveniens . Subsequently, M.C. Mehta filed a case in India claiming $3.3 billion in damages. The District Co...

The Forest Conservation Act, 1980: An Overview of India's Green Shield India’s vast forest cover, often hailed as the lungs of the nation, has been under increasing threat due to deforestation and developmental pressures. The Forest Conservation Act, 1980 , enacted by the Indian Parliament, was a pivotal response to this crisis—aimed at regulating deforestation and ensuring that forest lands are protected for future generations. This article dives deep into the historical backdrop, core provisions, amendments, and continuing relevance of this landmark environmental legislation. 📌 Contents Historical Background Key Provisions of the Act Amendments and Evolution Impact and Significance Conclusion Historical Context and Rationale In the decades leading up to 1980, India grappled with increasing deforestation due to rapid industrialisation, agriculture expansion, and urban growth. State governments, then in control of forest land, often prioritized short-term development ...

The Air (Prevention and Control of Pollution) Act, 1981: Origins, Objectives, and Key Provisions Historical Background: From Global Realisation to National Action The early 1970s witnessed a turning point in global environmental awareness. A landmark event—the United Nations Conference on the Human Environment held in Stockholm in June 1972—sparked urgent international dialogue on pollution and ecological degradation. India, an active participant in the conference, took note of the growing environmental crisis, especially the rising levels of air pollution resulting from rapid industrialisation. The conference’s recommendations served as a wake-up call, prompting the Indian government to take legislative action. This led to the birth of a crucial piece of environmental legislation—the Air (Prevention and Control of Pollution) Act, 1981 .  Enactment of the Act: Responding to the Air Crisis In direct response to international environmental commitments and national concerns, the ...

Unfair Labour Practices:  Meaning Unfair labour practices refer to actions taken by employers or trade unions that violate the rights of workers or employers, often with the intent to undermine the collective bargaining process or to create an unfair advantage. The Legal Framework on Unfair Labour Practices: Industrial Disputes Act, 1947 The Industrial Disputes Act, 1947, provides a legal framework for addressing industrial disputes, protecting workers' rights, and promoting fair labour practices. The Fifth Schedule of the Act enumerates unfair labour practices by both employers and workers. Unfair Labour Practices by Employers 1. Interference with Workers' Rights to Unionise: Employers cannot interfere with, restrain, or coerce workers in their right to organise, form, join, or assist a trade union. 2. Dominating or Supporting a Trade Union: Employers cannot dominate, interfere with, or contribute support to any trade union. 3. Discrimination Based on Union Membership: Empl...

  P romotion policies in Human Resource Management (HRM) : 1. Promotion Based on Merit 👉 Meaning: Promotion is given to the employee who performs the best, works hard, and shows good results, regardless of how long they’ve been working. ✅  Advantages: Encourages hard work – Employees try to improve their performance. Promotes talented people – The best worker gets promoted. Improves company performance – Skilled people help the company grow. Motivates employees – People try to learn new things and do better. ❌ Disadvantages: Can be unfair – Boss may show favoritism. Upsets senior workers – Experienced employees may feel ignored. Less teamwork – People may focus only on their own work. Creates competition – May lead to jealousy and conflict. 2. Promotion Based on Seniority 👉 Meaning: Promotion is given based on how long an employee has worked in the company, not on how well they perform. ✅ Advantages: Simple and fair – Based only on years of s...

  “Doctrine of Added Peril”   Doctrine of Added Peril – Labour Law Notes 1. Introduction The Doctrine of Added Peril serves as a legal defense for employers against liability for compensation under laws like: Employees' Compensation Act, 1923 Employees’ State Insurance Act, 1948 It applies when a worker voluntarily undertakes a task outside their scope of duty , exposing themselves to additional and unnecessary risks , thereby excluding the employer from liability. 2. Definition Added Peril refers to a situation where: The employee acts beyond assigned duties . The action involves a significantly higher risk than what is inherent in the employment. Injury arises not due to employment but due to personal volition . In such cases, the employer is not liable for the injury caused. 3. Legal Basis Under Indian labour law: Liability exists only when injury arises "out of and in the course of employment" . If an employee voluntarily creates a new risk ...

  Difference Between Partial Disablement and Total Disablement    Difference Between Partial Disablement and Total Disablement  Aspect Partial Disablement Total Disablement Definition Reduction in earning capacity due to a work-related injury or illness that does not completely incapacitate the worker. Complete loss of earning capacity due to a work-related injury or illness. Types – Permanent Partial Disablement – Permanent Total Disablement   – Temporary Partial Disablement – Temporary Total Disablement Nature Worker can still perform some duties. Worker is unable to perform any work duties. Compensation Calculation Based on the percentage of loss of earning capacity. Based on a fixed percentage of the worker’s monthly wages.   –  Permanent Partial Disablement : Percentage of total disablement compensation, proportionate to the degree of disability. –  Permanent Total Disablement : Lump sum amount, typically 60% of the worker’s monthly wages, su...