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Zenodo
2026
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| Accesso online: | https://doi.org/10.5281/zenodo.20242227 |
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| _version_ | 1866901746564988928 |
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| author | Joan Nivedha S |
| author_facet | Joan Nivedha S |
| contents | The environmental governance framework is fragmented to address the scale and complexity of contemporary ecological challenges, despite being a rich body of constitutional jurisprudence. This research examines the structural problem at its root, tracing how the fragmentation of India's environmental legal architecture has translated into persistent environmental deficits and the gaps that undermine the very purpose of the environmental regulation, affecting the goal of statutory protection. The present laws emerged incrementally as the reactive responses to specific crisis and international obligations, each operating by its own regulatory authorities and own penalty mechanisms, which resulted in a legal framework lack of comprehensive authority over the full spectrum of Environmental concerns. For more than three decades, the courts have interpreted the environmental law principles and doctrines in various judgements, which are all derived from the international laws and common law principles. By creating a statutory explanation for those principles, a structured approach towards concluding the liability of the institutions breaching the environmental standards can be created, by merely not relying on the litigation's direction. Through creating a Unified Environment Code combining all the laws fragmented for Water, Air, Wildlife and other environmental laws, the procedure, standards, and all other regulations can be implemented effectively. |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_20242227 |
| institution | Zenodo |
| language | |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | STRUCTURAL FRAGMENTATION IN INDIAN ENVIRONMENTAL LAW: ENFORCEMENT DEFICITS AND THE IMPERATIVE FOR A UNIFIED ENVIRONMENTAL CODE Joan Nivedha S The environmental governance framework is fragmented to address the scale and complexity of contemporary ecological challenges, despite being a rich body of constitutional jurisprudence. This research examines the structural problem at its root, tracing how the fragmentation of India's environmental legal architecture has translated into persistent environmental deficits and the gaps that undermine the very purpose of the environmental regulation, affecting the goal of statutory protection. The present laws emerged incrementally as the reactive responses to specific crisis and international obligations, each operating by its own regulatory authorities and own penalty mechanisms, which resulted in a legal framework lack of comprehensive authority over the full spectrum of Environmental concerns. For more than three decades, the courts have interpreted the environmental law principles and doctrines in various judgements, which are all derived from the international laws and common law principles. By creating a statutory explanation for those principles, a structured approach towards concluding the liability of the institutions breaching the environmental standards can be created, by merely not relying on the litigation's direction. Through creating a Unified Environment Code combining all the laws fragmented for Water, Air, Wildlife and other environmental laws, the procedure, standards, and all other regulations can be implemented effectively. |
| title | STRUCTURAL FRAGMENTATION IN INDIAN ENVIRONMENTAL LAW: ENFORCEMENT DEFICITS AND THE IMPERATIVE FOR A UNIFIED ENVIRONMENTAL CODE |
| url | https://doi.org/10.5281/zenodo.20242227 |