18 October 2017
Updated Handbook on Legal and Administrative
Remedies for Environment Justice Practitioners
BY CPR-NAMATI ENVIRONMENT JUSTICE PROGRAM
Issues related to
environment can manifest in various forms. From rivers being
polluted by industrial activities to beaches being used as
dumping sites by the municipality, the effects of
environmental degradation are far-reaching. Often these are
a result of non-adherence to provisions of legal directions
for environmental compliance by various actors.
Normatively, all
industrial activities, under the ambit of law, have to
comply with pre and post environmental clearances.
Additionally, they may also have to comply with terms and
conditions in existing lease documents, land transfer
agreements, court judgments – all of which require a clear
institutional framework, robust administrative agencies, and
proper remedial actions in case of violations.
The second and
updated version of the CPR-Namati ‘Handbook on Legal and
Administrative Remedies for Environment Justice
Practitioners’ presents a range of possible scenarios of
non-compliances that are likely to occur across geographies
and industrial sectors, and remedial actions that can be
taken to address these.
The Handbook has
been developed with the objective of providing those
affected by environmental non-compliances with a ready guide
to address such violations through appropriate legal means.
For this purpose, it has been translated in four
languages, including Hindi, Oriya, Gujarati and Kannada.
The Handbook
draws on the action research carried out by the CPR-Namati
Environment Justice Program in Gujarat (Kutch, Valsad, Gir
Somnath, Jam-Kambhaliya, Dwarka districts), Karnataka
(Uttara Kannada district), Chhattisgarh (Sarguja,
Janjgir-Champa and Korba districts) and Odisha (Keonjhar
district).
It provides the
reader with a ready reference list of remedial laws in cases
of different types of non-compliances. It also provides case
studies of how the Program’s para legal practitioners on the
ground assisted affected communities in preparing robust
legal evidence to seek justice.
In addition to
the laws, the Handbook provides an overview of institutions
that can be approached for information and remedial
measures. It details the processes required for obtaining
permissions from these institutions and the monitoring and
compliance systems in place for each institution.
The full
handbook can be downloaded here. Translations
in Oriya-English and Gujarati- English can
also be accessed.
LINK: http://cprindia.org/system/tdf/policy-briefs/Final%20Handbook%20HINDI.pdf?file=1&type=node&id=6489
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