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  Published Paper Details:

  Paper Title

TORT LAW AND ENVIROMENTAL PROTECTION IN INDIA

  Authors

  ABHIJEET KUMAR,  Dr. KHALEDA REHMAN,

  Keywords

Natural environment, Indian Constitution, law of torts, Environment Protection Act (EPA), Fundamental Duties.

  Abstract


The environment is the natural surroundings which help life to grow, nourish and destroy on this planet called earth. Natural environment plays a great role in the existence of life on earth and it helps human beings, animals and other living things to grow and develop naturally. But due to some bad and selfish activities of human beings, our environment is getting affected. It is the most important topic that everyone must know how to protect our environment to keep it safe forever as well as ensure the nature's balance on this planet to continue the existence of life A clean environment is very necessary to live a peaceful and healthy life. But our environment is getting dirty day by day because of some negligence of human beings. It is an issue which everyone must know about. In order of that negligence of human beings, there is a law to punish the said human beings.372 (1) of the Indian Constitution. The basic feature of tort is that it is a civil wrong and the Law of Torts deals with the remedy for infractions of private rights. Due to this characteristic of the law of torts, its role in the protection of the environment has always been in question. Tort law comes onto the scene when something has gone wrong. So in cases of environment, the tort law will play a role when there is environmental damage. It is much more concerned with cure rather than prevention. It is concerned primarily with reparation and not punishment. Environment Protection Act (EPA)-India's original Constitution did not contain any provision for the protection of the natural environment. However, the Fundamental Duties, which were added by the 42nd Amendment to the Constitution, prescribed the protection of the environment including forests, lakes, rivers and wildlife as a duty of the citizens of the country. Tort law comes onto the scene when something has gone wrong. So in cases of environment, the tort law will play a role when there is environmental damage. It is much more concerned with cure rather than prevention. It is concerned primarily with reparation and not punishment.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2312717

  Paper ID - 248537

  Page Number(s) - g370-g378

  Pubished in - Volume 11 | Issue 12 | December 2023

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  ABHIJEET KUMAR,  Dr. KHALEDA REHMAN,,   "TORT LAW AND ENVIROMENTAL PROTECTION IN INDIA", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.11, Issue 12, pp.g370-g378, December 2023, Available at :http://www.ijcrt.org/papers/IJCRT2312717.pdf

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ISSN: 2320-2882
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ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
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