-The Indian Express Overriding the government's authority to grant environmental clearances, the Supreme Court on Monday ordered the setting up of a national regulator with offices across the country to appraise projects, enforce environmental norms for approvals and penalise polluters. The Green bench led by Justice A K Patnaik rejected the government's contention that it alone was the regulator under the Forest (Conservation) Act and that no one else could be appointed...
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Ministry passing the buck to States on illegal mining -Nitin Sethi
-The Hindu Proposals formulated in response to Shah Commission report The Union Ministry of Environment and Forests has prepared its response to the Justice M.B. Shah Commission report on illegal mining in Odisha. But its proposals to address the violations flagged by the Commission will now be put on the back burner as the Cabinet has decided to refer the matter to a Committee of Secretaries. In most of its proposals, accessed by...
More »Half of Odisha’s iron ore mines lack clearance: panel-Nitin Sethi
-The Hindu They used a legal loophole to violate environmental norms Ninety-four of the 192 iron ore mining leases in Odisha do not have the mandatory environmental clearances. And of the 96 that did have them, 75 have mined far beyond their permitted levels over the past several years, the Justice M.B. Shah Commission report on illegal iron and manganese ore mining has said. The Hindu has accessed parts of the report,...
More »Mind the legal gap -Upendra Baxi
-The Indian Express The Justice Ganguly case shows up some lacunae. For one, the sexual harassment act will have to be changed to extend to unpaid interns. There is immense pressure from women activists, the media and some political parties for retired Supreme Court justice, A.K. Ganguly, to resign as the chairperson of the West Bengal Human Rights Commission for allegedly harassing a young intern. The courage of the young intern in...
More »The Unbearable Wrongness Of Koushal vs Naz Foundation -Gautam Bhatia
-Outlook Today's Supreme Court judgment that reverses the Delhi High Court judgment of 2009 is both constitutionally preposterous and morally egregious "If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of ‘inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations... Where society can display inclusiveness...
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