Legal Regulation of Hazardous Substances

AUTHOR: Furqan Ahmad
PUBLISHER: Daya Publishing House
ISBN: 9788170355908
YEAR: 2009
PAGES: 403
SIZE: 14 X 22 X 2.5 cms.
BINDING: Hard
LANGUAGE: English

ABOUT THE BOOK: Environmentally sound management of hazardous substances is a key challenge before policy makers, regulators, implementers, industry workers, and the affected people. The toxic pollution unleashed in Bhopal, Bichri, Patencheru, Kanpur, and many more such toxic hotspots in India led to the strengthening of legal regime for the "Regulation of Environmental Pollution Caused by Hazardous Substances in India". This volume elaborates upon the concept, causes and consequences of hazardous substances; analyses the relevant international legal regime for the management of hazardous substances; presents a succinct overview of the environmental and general laws pertaining to hazardous substances and processes in the Indian context; reviews environment and safety legislations; critically examines the common law and statutory liability and compensation regime through decided cases; elucidates the disputes settlement mechanism in India and finally offers findings and suggestions towards strengthening the legal and regulatory mechanism for hazardous substances in India. An added feature of the book is the systematic and concise treatment of plethora of delegated legislation made under the Environment (Protection) Act, 1986, such as the rules pertaining to hazardous wastes, hazardous chemicals, genetically modified organisms, bio-medical wastes etc. The author has made all attempts to keep the book updated and in doing so has also provided a review of the Law Commission of India's recent proposal to constitute Environment Courts in India, as also the National Environment Policy, 2006. The book would be highly useful to practitioners, legal researchers, activist, scientific community, industry and other interested persons.

ABOUT THE AUTHOR: Dr. Furqan Ahmad is Associate Research Professor in the Indian Law Institute, New Delhi. He did his M.A. (Sociology), LL.M. (Family Law), and Ph.D. (Environment Law). He has also obtained Diplomas in various fields like Mass Media, Statistics, Civil Engineering, International Law, and Tax Law etc. His subjects of specialization are Environment Law and Family Law. He has written a book on "Triple Talaq", which received good reviews in various national and international legal journals. He has also contributed more than forty articles including book reviews particularly on Muslim Law and Environmental Law in national and international journals. He has taught Environment Law at National Law Institute University, Bhopal and Muslim Law in Jamia Millia Islamia, New Delhi. He has been closely associated with the various training programmes and has delivered lectures for Defence Officers, Law Teachers and Senior Judicial Officers etc. He has also presented several papers on Environment Law in number of national and international seminars/workshops. The Calcutta University awarded prestigious medal for one of his article published in Journal of Indian Law Institute titled "Origin and Growth of Environmental Law in India".

CONTENTS:
Acknowledgements
Foreword
Preface
Abbreviations
Table of Cases

1. Introduction

2. Hazardous Substance: Concept, Causes and Consequences
    a. Nature and Concept of Hazardous Substance
        i. General
        ii. Conceptual Analysis
            1. Concept at International Level
            2. Concept in India
            3. Concept in Foreign Countries
            4. Hazardous Material
            5. Classification
            6. Definition of Hazardous Wastes
    b. Nature of Hazard and Taxicity
    c. Formation and Consequences of Hazardous Substances
    d. Standard Criteria in Measuring the Toxic Substances
    e. Hazardous Process

3. Control of Hazardous Substances at International Level
    a. International Institutions
        i. The United Nations Charter, 1945
        ii. U.N. Conference on Human Environment (UNCHE), Stockholm, 1972
        iii. General Assembly Resolutions
        iv. Penang Declaration, 1980
        v. United Nations Environment Programme (UNEP)
        vi. Vienna Convention for the Protection of Ozone Layer, 1985
        vii. Montreal Protocol on Substances that Deplete the Ozone Layer, 1987
        viii. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989
        ix. Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, 1999
        x. London Guidelines for the Exchange of Information on Chemicals in International Trade,1989
        xi. The Earth Summit, 1992
        xii. Kyoto Protocol, 1997
        xiii. The 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
        xiv. Stockholm Convention on Persistent Organic Pollutants (POPs), 2004
    b. Development of the Doctrine sic utere tuo ut alienum non leadas: Journey from Stockholm to Rio

4. Legal Regulation of Hazardous Substances at National Level
    a. General Statutes
        i. The Oriental Gas Company Act, 1857
        ii. The Indian Penal Code, 1860
        iii. The Indian Explosives Act, 1884
        iv. The Explosive Substances Act, 1908
        v. The Destructive Insects and Pests Act, 1914
        vi. The Poisons Act, 1919
        vii. The Indian Boilers Act, 1923
        viii. The Petroleum Act, 1934
        ix. The Drugs and Cosmetics Act, 1940
        x. The Factories Act, 1948
        xi. The Industries (Development & Regulation) Act, 1951
        xii. The Inflammable Substances Act, 1952
        xiii. The Mines Act, 1952
        xiv. Mines and Minerals (Regulation and Development) Act, 1957
        xv. The Water (Prevention and Control of Pollution) Act, 1974
        xvi. The Air (Prevention and Control of Pollution) Act, 1981
        xvii. The Motor Vehicle Act, 1988
    b. Regulation under the Insecticides Act, 1968
    c. Regulation under Environmental Legislation
        i. The Environment (Protection) Act, 1986
            1. Delegated Legislation Regulating Hazardous Substances under EPA
        a. Hazardous Wastes (Management & Handling) Rules, 1989
        b. Bio-Medical Wastes (Management & Handing) Rules, 1998
        c. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
        d. Chemical Accidents (Emergency Planning, Preparedness and Responses) Rules, 1996
        e. Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms or Genetically Engineered Organisms or Cells Rules, 1989
        f. Provision Relating to Transportation of Hazardous Substances Under the Central Motor Vehicles Rules, 1989
        g. Municipal Solid Wastes (Management and Handling) Rules, 2000
2. Delegated Legislation Regulating Hazardous Processes under EPA
    a. Prohibition of Storage of Chemicals in Antop Hills at Bombay
    b. Prohibition of Certain Activities in Coastal Regulation Zone
    c. Notification Concerning Ecologically Fragile Areas
    d. Environmental Impact Assessment (EIA)
    e. Location, Siting, Shifting and Categorisation of Industries
    f. Environment Friendly Products
    g. Environmental Audit
        ii. National Environment Appellate Authority Act, 1997
    d. Other Related Legislations
        i. Atomic Energy Act, 1962
        ii. Merchant Shipping Act, 1958
    e. National Environmental Awards
    f. Latest Policy

5. Safety Legislation and Environment
    a. The Factories Act, 1948
    b. The Factories (Amendment) Act, 1987
    c. Model Rules under the Factories (Amendment) Act, 1987
    d. Rules Amended by States under the Factories (Amendment) Act, 1987 as per Model Rules
    e. Control of Industrial Major Accidents Hazards (CIMAH) Rules, 1990
    f. Shortcomings of the Factories (Amendment) Act, 1987

6. Liability and Compensation
    a. Common Law
    b. Principles of Liability in India
        i. Civil Liability
        ii. Criminal Liability
        iii. Judicial Approach
    c. Liability for Industrial Disasters: Absolute Liability
        i. Shriram Case
        ii. Bhopal Case
        iii. Bichary Case
    d. Statutory Liability in India
        i. The Public Liability Insurance Act, 1991
        ii. The National Environment Tribunal Act, 1995
    e. Determination of Compensation: Workable Criteria
        i. Fatal Accidents Act, 1855
        ii. Workmen's Compensation Act, 1923
        iii. Motor Vehicles Act, 1939.
        iv. Criteria Laid Down in the Oleum Gas Case
        v. The Bhopal Settlement
        vi. Suggested Model for Award of Compensation
        vii. Comparison with Compensation Models in USA
        viii. Lok Adalat Settlements of Claims

7. Administrative Machinery
    a. Pollution Control Boards
        i. Central Pollution Control Board (CPCB)
        ii. State Boards
        iii. Joint Boards
        iv. Pollution Control Committees
        v. Control of Bio-Medical Waste
        vi. Environmental Audit
    b. Hazardous Micro-organism Control Committees
    c. Ministry of Environment and Forests
        i. The Department of Environment
        ii. Coastal Area Management
        iii. Environmental Impact Assessment
    d. Hazardous Factories and Chemicals Controlling Agencies
        i. Chief Inspector and Factories Inspectorates
        ii. Directorate General Factory Advice Service & Labour Institutes (DGFASLI)
    e. Authorities Controlling Motor Vehicles
    f. Judicial Trend in Enforcement Mechanism

8. Adjudicatory Mechanism
    a. Forums for Settlement of Environmental Disputes
        i. Civil Suits
        ii. Criminal Complaints
        iii. Writ Petitions
        iv. Citizens Suit
        v. Public Interest Litigation
        vi. Collector
        vii. Tribunal
        viii. Appellate Authority
        ix. Environmental Courts
    b. Effectiveness of Adjudicatory Fora

Epilogue
Appendices
Bibliography
Index