摘要:本文是旨在分析印度的环境法律和人权的概念的一篇留学生论文,随着环境破坏的发生,这已经成为了人类生存和发展的一个主要威胁,环境法律已成为推动发展的同时不受环境破坏的最重要的工具。
印度环境法律和人权的概念分析论文
拥有优秀的政府、健康的环境,充足的资源,以及政府和人民的部分意愿是人类对健康和快乐权利的需求。在相反的情况下,因为不良的健康和安全状况,匮乏的资源而无法满足人们的需求,其结果就是会违反基本的人权。通过采取一定的措施来控制,决策和有效地管理环境状况,自然资源,并且保护好人民,这样政府将能够满足人民的需求。
“人权”是为了观察环境变化对公园、储量矿,生物多样性,自然保护区,人类福利、妇女和森林,旅游、文化遗产、人力资源、和平、安全、卫生、城市化、障碍区等等的影响, 以及控制、管理和有效利用这些资源环境的效果,这样才会不违反基本的人权。
随着环境破坏的发生,这已经成为了人类生存和发展的一个主要威胁,环境法律已成为推动发展的同时不受环境破坏的最重要的工具。
Notion Of Indian Environmental Law And Human Rights Law
Essay
Good government, healthy environment, sufficient resources at disposal and willingness on the part of both the government and the people are the requisites for healthy and full enjoyment of human rights by the people. In the reverse case, discontent, poor health and safety, inadequate resources to fulfil people's needs and violation of basic human rights will be the result. By adopting certain measures, controls, strategies and effectively managing the environmental conditions, natural resources, and protecting people, the government will be able to fulfil the needs of the people.
'Human Rights' is an attempt to look into impact of environmental changes on parks, reserves, biodiversity, protected areas, human welfare, women and forests, tourism, cultural survival, repatriation, peace, safety, health, urbanisation, hazards, etc., as well as effect of control, management and effective utilisation of these resources on environment so that basic human rights are not violated.
With the emergence of environmental destruction as a major threat to human survival and development the scope of environmental law has emerged as the most important tool of promoting development without destruction.
In Subhash Kumar v. State of Bihar [1] , the Court observed that:
“The right to live is a fundamental right under Article 21 of the
constitution, and it includes the right of enjoyment of pollution-free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has the right to have recourse to Article 32 of the Constitution…”
The Governments have realized that a healthy environment is a pre-requisite to a good life and therefore in order to have a healthy and clean surroundings, the legislature as well as judiciary have taken various measure so as to preserve the environment and in the process guarantee a good life as living in pure environment is part of right to life and thus an essential to everyone’s life.
ENVIRONMENT & HUMAN RIGHTS
Human rights and environmental law have traditionally been envisaged as two distinct, independent spheres of rights. Towards the last quarter of the 20th century, however, the perception arose that the cause of protection of the environment could be promoted by setting it in the framework of human rights, which had by then been firmly established as a matter of international law and practice. Because of the many complex issues that arise when these two seemingly distinct spheres interact, it is to be expected that there are different views on how to approach ‘human rights and the environment’. [2]
The first approach is one where environmental protection is described as a possible means of fulfilling human rights standards. Here, environmental law is conceptualized as ‘giving a
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