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Doctrine of Public Trust and Protection of Environment
-- G Yethirajulu
The Doctrine of Public Trust has its origin in the Roman law. It primarily rests on the principle that certain
resources like air, sea, water and forests have such great importance to the people as a whole that it would be wholly
unjustified to make them a subject of private ownership. They are gifts of nature and they should be made freely available
to everyone irrespective of their status in life. The doctrine enjoins upon the Government to protect the resources
for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.
© 2011 IUP. All Rights Reserved.
Developing Legislation for Wise Use
of Freshwater Wetlands of West Bengal
-- Susmita Sen and Dhrubajyoti
Ghosh
The State of West Bengal abounds in freshwater wetlands of diverse kinds and thousands of people depend on
these ecosystems. Unfortunately, wetland as an ecosystem remains a low priority area for the planners in the
state. Wetlands indeed have no constituency. However, it was found that there are a few legal and institutional
measures which inadvertently and marginally address the wetland-related problems. There are again some which may
even encourage wetland loss through drainage and conversion. Although at local level some stray customary laws
exist, as a whole, they fail to have an impact on the survival of these ecosystems in general, in the State. It is also found
that there is a lack of coordination among different sectors of the government regarding contemplated actions in
the wetland areas. The present paper attempts to analyze the relevant clauses of different central and state
regulatory provisions to identify their applicability for a wise use of the wetland.
It also suggests modifications of some clauses to make them favorable for wise use. The analysis and
suggested amendments are expected to identify the areas of sectoral and institutional coordination for wise use planning
and implementation, particularly for the freshwater wetlands and water bodies of West Bengal.
© 2011 IUP. All Rights Reserved.
Sustainable Development: Need for a Balanced Approach
-- N S Santhosh Kumar
Today, we are in a fast progressing world where development has no bounds and technology changes every now
and then. Life has become complex and busy. Man utilizes nature's resources for his selfish development and for
every step he puts ahead and looks back, he hears is nature's cry. In the anxiety of development, the world is
rupturing nature. It is true that human societies cannot remain static and the aspirations and expectations that comprise a
part of the needs constantly shift, but that development should not be for some or few, rather it should be for the
wholesome development of all. It is also universally recognized that for global economic development, exploitation of
natural resources and pollution of environment are inevitable. But, we cannot achieve one at the cost of the other. With
this background, an attempt has been made in the present paper to analyze the ongoing trend and evaluate the
concept of sustainable development according to the needs of the present day society, and its relevance in the field
of environmental law with contribution from the Indian and International Courts to implement it. This paper also
aims at exploring the new trend on sustainable development by reviewing the current state of the environment,
and identifying policy issues which prevent its real growth and tries to change the world from `enviromyopicity'
to `envirosensitivity.'
© 2011 IUP All Rights Reserved.
Disaster Management in India:
Laws and Policies
-- Pradeep Kumar Pandey
From time immemorial, society has been suffering with damages and injuries from catastrophes like: floods,
droughts, earthquakes, cyclones, bomb blasts and volcanic eruptions. These catastrophes leave many people, more
specifically the poor, with disgusting experiences. The risks of these disasters are rising across the globe and India is
not an exception. During the last few years, India
has been facing many man-made and natural disasters
like: the tsunami, earthquakes and severe cyclones. Governments have a greater role to play. The state should not only
rehabilitate people, but should also plan appropriately to prevent and mitigate such calamities by adopting various
methods. Now, the state has taken proactive steps to conserve development and minimize loss to life and property of
the common man. This paper attempts to underline laws and policies relating to disaster management in India.
© 2011 IUP. All Rights Reserved.
Electronic Infringement of Copyright: A Real Challenge Ahead
-- Shashi Nath Mandal
Infringement of copyright through electronic mode is rampant in India. Internet activities like caching,
browsing, mirroring, scanning, uploading, downloading or file swapping are some of the ideal examples of electronic
copyright infringement. There is still no specific remedy for these infringements. Copyright is not a manual form of right
now-a-days, but is an electronic form of right. The electronic infringement of copyright can be commonly seen in the
form of software piracy, internet piracy, and local cable networks. The internet service providers, bulletin board
services, commercial websites and even private users are responsible for electronic infringement of copyright because
they do it for their personal commercial interest. At the same time, lack of strict and specific punishment for
disregarding the laws either under the Copyright Act, 1957, or under the Information Technology (Amendment) Act, 2000, leads
to electronic infringement, resulting in trade losses. Therefore, there has to be serious check on it.
© 2011 IUP. All Rights Reserved.
First Information Report: Modes of Lodging and
Legal Aspects of Credibility
-- Raghvendra Singh Raghuvanshi and Nidhi
Vaidya Singh
First Information Report (FIR) sets the criminal prosecution in motion. Section 154 of Criminal Procedure
Code, 1973 stipulates the process of recording the FIR. This Article discusses the meaning, nature and process of filing
of FIR, and its consequences for delay in recording the FIR. Any negligence on the part of police officers in
recording the FIR may vitiate the proceedings of the investigation. It can be used for corroboration under section 157 of
the Indian Evidence Act, 1872 by prosecution, and for contradiction under section 145 of the Indian Evidence Act,
1872 by Defence. This Article also discusses the principles as to the exercise of extra-ordinary and inherent powers of
the High Court in quashing the FIR.
© 2011 Raghvendra Singh Raghuvanshi and Nidhi Vaidya Singh. All Rights Reserved.
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