Role of Judiciary for Dredging Contracts to Preserve Ecosystem
Type:
Presented during:
WODCON XXII - Enhance the Harmony between Dredging and Ecology
Authors:
GYV Victor and GS Victor
Abstract
"'Directive Principles' of Constitution of India, highlights the importance and the requirement for safe and clean environment, that shall be the responsibility of the State to monitor and maintain for its citizens. If it is not for Directive Principles of Constitution, the eco-system would have been possibly abused and depleted. The word environment is a broad spectrum which brings within its hue hygienic atmosphere and ecological balance. Saving this planet Earth is now of utmost concern to entire humanity. The world is witnessing, melting of glaciers, rising of sea levels, erosion of coast line, morphological changes, global warming, abrupt seasonal changes and variation in the temperature has resulted in global crisis of environmental degradation. The future of Earth is entirely linked with the sustainable development that may take place in various countries, both developed and developing. Green and Brown field development that mushroom along the coast with least significance adherence to environmental requirements, result in degradation of ecosystem causing negative impact on dredging projects. The broad language used in Article 32 and 226 of the Constitution enables the courts to fashion relief and pass orders consistent with their own assessment of the public interest and principles of equity. Directive Principles thereof specifically state that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes rivers and wild life, and to have compassion for living creatures."
Keywords: Environment, Ecosystem, Constitution, Environmental law, Green Bench Judiciary