GLS Law Journal

Policy Intervention and Legislative Framework Relating to the Sustainability of Built Structures in India

Prashant Kumar Tiwari — 2023-07-01

If not coupled with effective urbanization and utmost planning for crucial and optimum resource utilization, sustainable development becomes a fiction. Rapid urbanization and industrialization have been a key source of concern for the environment's consistent deterioration. With the presence of evident impediments, there is already a conscious limit on industrial growth in place. However, urbanization cannot be fully stifled in order to foster green movement, and vice versa. Among the many efforts made by the Indian government to improve energy efficiency and the sustainability of the built environment, the desire to incorporate important market players, along with legislative incentives, has begun to make a difference. The primary actors have been divided over the choice of ratings since the introduction of GRIHA (Green Rating for Integrated Habitat Assessment), IGBC (Indian Green Building Council), and BEE (Bureau of Energy Efficiency), offering a bewildered outlook with the many regulatory indexes and perimeters. The policies/ratings/mechanisms in place in many states to maintain the energy efficiency of the built environment are incompatible, resulting in a significant margin of error. For efficient implementation of these policies, the involvement of adequately empowered local entities becomes critical. This cannot be done without first examining the influence of current regulations and frameworks on the energy usage and functioning of the built environment, which includes both residential and commercial structures.

Marine Pollution: A Relative Analysis of the Efficacy of the Persisting Laws in Attaining Sustainable Environment

N. Vani Shree — 2023-07-01

Oceans are one of the most treasured resources of the Planet. Almost 70% of the earth’s surface comprises of the oceans. It not only shelters the aquatic beings but also serves multiple purposes ranging from food, medicine, transportation, recreation and the like. The ocean act as one of the chief regulators of the climate by transporting the heat waves from the equator to the poles and thus moderating the climate and the weather patterns. It is responsible for producing about 50% of the oxygen and is equipped to stock 50 times more carbon dioxide than the atmosphere. The ocean in the present day can be regarded as the common dumping place. Ocean was a place which was rich with diverse aquatic species and now all that can be found there is plastic bags, water bottles, hazardous chemicals, oil from boats and ships, sewage substances rendering the ocean population to extinction. Marine pollution is one of the burning issues which needs serious attention and immediate action must be taken in this regard to withhold any further corruption of the aquatic life. There is a mandate on the States to control the aquatic pollution and protect the coastal-environments. In the contemporary world where the right to a safe, clean, healthy and sustainable environment has been recognized in over 155 countries, the protection and prevention of marine litter and plastic pollution has become the national agenda for majority of the countries. Despite the persisting laws at place, it can be observed that the marine pollution is on the rise. About 11 million metric tons of plastic waste enter the ocean every year which is presumed to triplicate by 2040. The issue at hand is a very grave and has caused and in future is capable of causing irretrievable damage to the economies. Through this paper the authors intend to analyze the laws and the Government actions in preventing aquatic pollution.

Environmental Change and its effect on well-being: Indian Scenario

glslawjournal glslawjournal — 2023-07-01

There is well established consensus that the earth is getting warmed at a rate unprecedented during the post hunter-gatherer human existence. The third assessment report of the intergovernmental Panel on Climate change so published in the year 2001, explains further stating that “there is new and stronger evidence that most of the warming so observed over the last fifty years is likely to be attributable to human activities”. These does include not only rising surface temperatures, but also increasingly frequent floods and droughts and changes in natural ecosystems. All such changes may be linked to the health of human societies. Climate conditions do affect human wellbeing both directly and indirectly, through the influences on the levels of pollution in the Air, on the agriculture land, marine and freshwater systems that provide us basic stuff for survival. Keeping this in mind, the researcher would like to unearth the hidden complexities pertaining to this subject of discussion thereby defining the role of the international community with special reference to India thereby highlighting the major cause accountable for the climate change which are going to create very serious health hazards in times to come. Ultimately, the researcher would like to recommend certain suggestions in order to mitigate this issue to a great extant.

Disaster Management and Early Warning System: Human Rights Perspective

M. Srinivas — 2023-07-01

The origins of a disaster lie in nature and as well as in various human activities. Economically well-off and technologically advanced countries have failed in discovering proper solutions to disasters. The mere presence of hazard does not lead to disaster, there must be vulnerability also. Disaster plus vulnerability leads to damage. Making high probabilities from an undesirable event to low probabilities is disaster management. Risk analysis plays an important role in disaster management. Disaster management means the organization, planning and indication of measures preparing for, responding to and, initial recovery from disasters. Geographic Information System (GIS) and Remote Sensing play a very important role in disaster management and risk reduction. Early warning system is very useful in taking care of measures relating to pre-disaster mitigation and preparedness measures, emergency relief and reconstruction efforts. The problems and multiple human rights challenges posed by natural disasters are mainly of humanitarian nature and it is observed that the human rights of disaster victims are not sufficiently taken care of. In June 2006, the UN Inter-Agency Standing Committee (IASC) adopted Operational Guidelines on Human Rights and Natural Disasters, which are aimed at protecting the rights of persons affected by natural disasters. Human rights-based approach should be considered as one of the measures to increase accountability for warning and it must be ensured that warnings should reach the each and one who are residing in disaster prone areas.

Rethinking Energy Efficiency: The Role of Sociology in Illuminating Humane Dimensions

Pratham Parekh — 2023-07-01

Since inception sociology has investigated the societal impact of complex interplays between utilization & exploitation of natural resources, development & transition of technologies generating and distributing energy in economic (mostly industrial) and social systems. Issues related to resource depletion, climate change, national security or energy consumption at large is viewed as mote scientific rather than social issue. For devising any effective policy interventions. It is important to grasp that energy consumption does not happen is Isolation.

Energy consumption by individuals or communities can be viewed social activity. Sociologically perceiving energy consumption opens a set of questions linked with its social dynamics and social organization of energy-conserving practices. An effort is made to bring together scattered studies that aim to explore nuances involved in exploring sociological linkages (along with related issues) that impact energy behaviour, energy conversation knowledge & practices. The study attempts to enquire social dynamics & social organization of energy conserving practices and social change as sociologically driven debate can suggest policy gaps related to humane dimensions of energy efficiency. This Inquiry allows to identify and explore alternate viewpoints for understanding socio-technological changes concerned with energy policy framing/interventions, Sociology presents promising grounds for contributing to energy' and climate policy. Instead of following conventional advisor's role, sociological investigation in this domain opens up avenues for further critical research stances.

Climate Change and Renewable Energy Consumption Obligations: Response of the Indian Judiciary

Sanu Rani Paul — 2023-07-01

Climate change accounts for many of the natural disasters in India. Despite India being one of the top five greenhouse gas emitters in the world, policy and legal framework have not so far considered the issue of climate change in perspective. The constitution of India guarantees fundamental rights to its people through Article 21 and the article covers innumerable rights under its grab including right to health, pollution free air and water, sanitation rights, right to food, clean environment etc. India has ratified United Nations Convention on Climate Change (UNFCCC) and the Kyoto Protocol and has now obligations under the Paris Agreement to cut greenhouse gas emissions intensity of its gross domestic product 33% to 35% by 2030. India’s’ target is laudable and ambitious in this regard. The judiciary in India has assumed its primary responsibility towards the individuals to safeguard their interest relating to environmental protection by combating climate change. There are remarkable judgments passed by the higher courts and the Green Tribunal relating to climate change. In Abhimanyu Rathore v State of H. P considering the Kedarnath and Srinagar tragedies the court has pointed out the ecological destruction due to climate change and declared that every citizen has the right to potable drinking water and breath pollution free air. There were also circumstance when the court has ruled in favour of development at the cost of environmental damage that is in the Sardar Sarovar dam project where a dam project with the reservoir level height up to 455 height was permitted by the Supreme Court, The Indian judiciary has wide powers to protect and safeguard the environment and contributed considerably towards the development of environmental jurisprudence in India. This paper is an attempt to analyse the judicial response towards renewable energy obligations and the paper will delve into the various aspects of the same and find out the recent trends.

Analysing the Impact of Climate Change on Human Rights Through the Legislative Framework

Ritu Modi — 2023-07-01

The natural environment gives human creatures and the communities in which we live with the assets we have to be accomplish lives of nobility and well-being – clean air to breathe; clean water to drink; nourishment to eat; powers for vitality; security from storms, surges, fires and dry spell; climate control and illness control; and places to assemble for tasteful, recreational and otherworldly delight. These natural endowments often referred to as environment services that are at once essential for the core survival and imperative to human prospering. Every nation on the globe is paying the price of climate change but the most suffering category is the poorest countries who will suffer more in future from the enduring climate change. It is one of the most challenging strand in today’s era that humankind is facing and have affected not only economic, social aspects of life but has some major human rights repercussions. As there is a direct link between environment and human rights and Effects of climate change leads to large scale human rights violation. In order to overcome the aftermath of climate change each and every country in the world including governmental agencies and private actors should respond to these impacts in the best possible manner.

The Role of National Green Tribunal on mitigating the effects of Climate Change

Monika D. Brahmbhatt — 2023-07-01

Climate change is the worldwide problem facing by all the countries. The main cause behind the climate change is the disturbance of ecology and natural environment. We need an attention for saving our environment by balancing our needs. Climate is the long-term average of a region’s weather events. The earth’s climate is not static. Over the billions of years of earth’s existence, it has changed many times in response to natural causes like sun spot, ice age glaciations etc. Climate change is defined as a change in the climate that may be directly or indirectly linked to human activity that modifies the global atmosphere. This shift is distinct from the natural climate variability that has been documented throughout comparable time periods. The phrase climate change represents a change in the long-term weather patterns. Climate change is not a change of weather in particular day; it is the cumulative change of long-term weather pattern i.e. changes in climate. Climate change is the measurable effect of the continual warming trend. Climate change is usually measured in major shifts in temperature, rainfall, snow and wind patterns lasting decades or more. Humans are creating climate change by burning large amounts of fossil fuels (Coal, oil, natural gas), deforestation. (When forests are cut down or burned, they can no longer store carbon is released to the atmosphere). Gradual rise in sea level, Rise in global temperature, Ocean water getting warmer, Greenland and Atlantic ice sheath are shrinking, Arctic sea ice have also thinned out, Melting of glaciers, Severity in seasons along with the intensity and frequency of climate hazards has greatly increased (floods, heavy rainfall, dry spell, cyclones etc.), Acidification of oceans, Death of corals etc. are nothing but the pure evidences of climate change. These evidence shows two kinds of impacts, that is bifurcated broadly into environmental and agricultural aspect.

Energy and Carbon Emission Impact of Renewable Energy Policies in Gujarat State

Yashodhara A Bhatt — 2023-07-01

Gujarat is thought mutually of the economic hubs within the world, for the event of state all the sectors ought to be developed. Among all sectors, the energy sector is thought as backbone for the property development. Since two three decades, the consumption of coal for the availability of correct energy magnified with the upper proportion, that arise the amount of carbon emission (CO2). Gujarat is one amongst the states that have surplus energy provide and state has conjointly advantage of 1600 kilometer coastal space. Per capita electricity consumption of Gujarat is conjointly on top of several state and Asian nation also. With the rise within the demand of recent equipment’s and development, proportion of thermal energy conjointly arises, that have arisen the amount of carbon emission. Gujarat government has enacted numerous programmes and policies for the event of renewable resources that is connected with environmental hazard. Here, the research worker had analyzed numerous policies and programme for the renewable sources of energy and its implementation within the state. The research worker has conjointly analyzed the impact of assorted programme and policies on environmental hazard and conjointly its connection with environmental policies of the Indian government. During this paper, the inexperienced passageway project of Indian government and numerous comes for the climate changes also are mentioned. Might Gujarat government cut back the amount of carbon emission and utilization of renewable resources is that the main objective of this paper. Here, the researcher has used secondary information and tabulation technique for analysis for the year 2010 to 2020-21.

Climate Security: An Evolving Dimension to Climate Change

Sharmila R — 2023-07-01

The global phenomenon of climate change has evidently transgressed through every domain of human life and existence. The present-day enormity of climate change makes it more than a mere environmental issue to be a risk or a threat multiplier to the existing human vulnerabilities and grievances in society. The evolving notion of ‘climate security’ summons the idea that climate related changes can endanger the security of humans, ecosystems, economy, infrastructure and societies. At this juncture, it is essential to explore the potential national as well as international security risks that are associated to climate change and to address them appropriately. While the international attempt to bring in the issue of climate change within the mandate of the United Nations Security Council failed to receive desired recognition; it is inevitable to identify the ways and means to approach the arising issue of climate security through national policies. This paper attempts to identify the lacunae in the prevailing domestic policies in addressing the concern of climate security and seeks to suggest requisite reforms for the same.

Illegal Sand Mining: an Unsustainable Approach Encroaching Environment

Vrinda Chauhan — 2023-07-01

There are continuous efforts being made to outshine every other nation in the contexts of development. Efforts are channelled to prove that India is a YES country to every sort of development soon to be labelled as the developed country touching altitudes of development. Lesser do we find any budgetary allocation at the large scale being put up just to ensure that developmental activity does not coincide rather encroaches our environment affecting climate, biodiversity and living entities. Juxtapose it is reported that budgets are being cut short which were allocated for it. As per the World Wildlife Fund, sand is the most extractive resource. To put it thus, sand mining is done to meet up the demands of ever rising construction industry which is currently taking leaps and bounds to catch up with the rising urbanisation. But this is done at the cost of rivers which thus change their course affecting marine lives further causing floods to the worse. The economic needs and the ever-rising competition have led to illegal sand mining. This has become a pan India problem, where restricting this illegal activity invites goons/mafia taking tolls on the lives and threatening the whistleblowers. This paper is an attempt to address this grave situation of illegal sand mining in India. Whether there is any framework to check such activities? Where does India stand to rebuild the already lost habitat and encroached riverbeds? What is the sustainable solution of the problem of illegal sand mining? How to check the Sand mafia and goons? Finally, the road ahead how to replenish and make efforts to save this resource for future use.

Marine Biodiversity Management under the UNCLOS: Scope and Challenges in the era of blue Economy Policy

SIMI KK — 2023-07-01

Developing a governance framework for marine biodiversity, explicitly to Marine Genetic Resources (MGRs) is crucial for the conservation and sustainable use of marine biodiversity. Addressing the challenge of protecting biodiversity in the global ocean requires a sound knowledge and understanding of the complex marine environment with a sound support for ocean governance, including data development and expert consultation, that could also contribute to the UN Decade of Ocean Science for the proposed 2021–2030 Sustainable Development. Future challenges include capacity building and new approaches to incorporate traditional knowledge. Even though the CBD framework put forward a legal framework for the governance of biological diversity from within national jurisdiction, but the issue of biodiversity governance from beyond national jurisdictions remained unaddressed. The United Nations Convention on the Law of the Sea (UNCLOS) framework leaves behind the marine scientific research activities under the ‘freedom of high seas’ regime, but the international community has become increasingly aware of the growing threats to marine biodiversity in ABNJ and been conferring alternatives to conserve and sustainably use it. UNCLOS proposes to promote sustainable use and conservation of marine living resources especially marine mammals and highly migratory species but specifically silent on marine genetic resources and promotion of marine scientific research in ABNJ for the efficient utilization of resources. UNCLOS lacks modern conservation principles (such as the ecosystem approach and precautionary principle) and conservation tools (such as strategic environmental assessments and marine spatial planning) that is part of achieving sustainable development goals. This paper aims to do critical study of UNCLOS provisions and the international legal principles and economical concepts to bring a balance between competing values, perspectives and interests in the conservation and sustainable governance of marine biodiversity is aimed through this paper.

A Study of Impact on Financial Performance of Top listed Indian Companies with Reference to Emission of Carbon and Harmful Gases related CSR Disclosure Practices

Heena Navani — 2023-07-01

Corporate Social Responsibility (CSR) as a notion has been the focal point of various considerations and much research over the past few years; and has occupied a significant role in the academic and business area. Evolving all the time, it has deformed from a purely charitable to a structural and finally tactical activity. For an organization to be victorious, creating earnings is the main aim but at the same time it conveys the consciousness of being socially responsible. India is the first country to have legislated CSR mandates. It is very probable that the new legislation will be a game-changer, inspiring new investments, judicious attempts and responsibility in the way CSR is being formed and survived in India. CSR Disclosures are basically categorized into Mandatory and Voluntary practices of disclosure. Firm’s performance and reputation are linked with Voluntary disclosure patterns. Various categories like Environment, Human resource, Community involvement, Energy etc. affect CSR Disclosure which in turn affects the financial performance of the firm which is relevant for the stakeholders of the firm. This paper makes a humble attempt to study the various corporate characteristics like size and age of the company, sectorial influence and ownership concentration on emission of carbon and harmful gases. It also attempts to study the CSR disclosure score of the company, which in turn affects the financial performance of the company measured by ROA, ROE and Tobins Q of the Company.