
Contents
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Introduction Introduction
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15.1 Evolution of Procedural Environmental Rights in India 15.1 Evolution of Procedural Environmental Rights in India
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15.2 Access to Environmental Information 15.2 Access to Environmental Information
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15.2.1 Collection of Information 15.2.1 Collection of Information
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15.2.2 Access to Information 15.2.2 Access to Information
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15.2.3 Dissemination of Information 15.2.3 Dissemination of Information
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15.3 Public Participation in Environmental Decision-Making 15.3 Public Participation in Environmental Decision-Making
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15.3.1 Obligation to Provide Information 15.3.1 Obligation to Provide Information
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15.3.2 Stage and Mode of Participation 15.3.2 Stage and Mode of Participation
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15.4 Access to Justice 15.4 Access to Justice
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15.4.1 Public Interest Litigation 15.4.1 Public Interest Litigation
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Conclusion Conclusion
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Suggestions for Further Reading Suggestions for Further Reading
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15 Procedural Environmental Rights
Get accessShiju Mazhuvanchery, Professor of Law, Sai University, Chennai.
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Published:18 July 2024
Cite
Abstract
Procedural environmental rights (PERs) provide a means for enforcing the substantive right to a clean and healthy environment. Though these rights do not guarantee any particular outcome, they are effective in preventing erosion of the substantive right. Principle 10 of the Rio Declaration is the most coherent articulation of PERs at the international level. The three components of PERs are: access to environmental information, public participation in environmental decision-making, and access to environmental justice. PERs in India have evolved and the perception as to their purpose has changed. This change is closely related to the shift in the character of environmental laws in India. From being considered as reasonable restrictions on the fundamental right to carry on trade or business, environmental laws have transformed into tools for the realisation of the fundamental right to a clean environment. An analysis of these laws reveals that PERs are entrenched to various degrees.
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