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Sharing the Costs and Benefits of Energy and Resource ActivityLegal Change and Impact on Communities$
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Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas, and Anita Rønne

Print publication date: 2016

Print ISBN-13: 9780198767954

Published to Oxford Scholarship Online: June 2016

DOI: 10.1093/acprof:oso/9780198767954.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 September 2019

Public Participation in Indian Environmental Law

Public Participation in Indian Environmental Law

Chapter:
(p.393) 22 Public Participation in Indian Environmental Law
Source:
Sharing the Costs and Benefits of Energy and Resource Activity
Author(s):

Lavanya Rajamani

Shibani Ghosh

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198767954.003.0022

This chapter describes the context of public participation in environmental protection in India, which includes considerations of India’s unique rights jurisprudence, constitutional culture, and judicial practice in relation to environmental harms. It also analyses the legislative and regulatory safeguards that protect and foster public participation in environmental governance in India. In particular, the chapter examines the effectiveness of the Environment Impact Assessment (EIA) Notification, 2006, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in providing citizens with opportunities to participate in decision-making as well as influence the outcomes of regulatory processes. While Indian law and judicial practice supports procedural rights in relation to environmental decision-making, in practice, these rights are not just poorly implemented but also in danger of significant erosion.

Keywords:   India, environmental protection, judicial practice, environmental harms, environmental legislation, procedural rights, Environment Impact Assessment Notification, Other Traditional Forest Dwellers Act

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