Abstract
The dharma of protecting the environment was to sustain and ensure progress and welfare of all. The effort was not just to punish the culprit, but to balance the eco-system as well. In this attempt, the ancient texts acted as cementing factors between the right to exploit the environment and a duty to conserve it which is now internationally recognized as the concept of ‘Sustainable Development’. Environmental Jurisprudence in India made a beginning in the mid-seventies when Parliament enacted the Water (Prevention and Control of Pollution) Act, 1974. But soon, there was a quantum leap with the amendment of our Constitution in 1976 and incorporation of Article 48-A in the Directive Principles of State Policy and Article 51-A (g)5 in the Fundamental Duties of every citizen of India. Both these Articles unequivocally provide for protection and improvement of the environment. In view of the involvement of complex scientific and specialized issues relating to environment, there is a need to
have separate 'Environment Courts' manned only by the persons having judicial or legal experience and assisted by persons having scientific qualification and experience in the field of environment.
Keywords: Burden of proof, Disaster, Environment, Pollution, Sustainable development
References
1) Charmian Barton: The Status of the Precautionary Principle in Australia: Vol 22, Harvard Environmental Law Rev. (1998).
2) CM. Jariwala, "Changing Dimensions of Indian Environmental Law", in Law and Environment, P.Leelakrishnan (ed.), Lucknow: Eastern Book Co. (1992)
3) K.I. Vibhuti,” Right of Future Generations”, Vol. 21 (2015) Academy Law Review
4) Nicolas de Sadeler, Environment Principles (2002), Oxford
5) Satish C. Shastri, Environmental Law in India, Second Edition, Eastern Book Company (2005)
6) Soli. J. Sorabjee (Ed), Law and Justice-An Anthology, Universal Law Publishing Company, New Delhi (2003)