Evolving the concept of legal personality in ecology and animals welfare legislations an alternative approach to protect the environment
By: Singh, Gurpreet
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Material type: 
BookPublisher: Journal of The Indian Law Institute Description: 66(3), Jul-Sep, 2024: p.263-286.
In:
Journal of The Indian Law InstituteSummary: The present paper is an attempt to discover equal rights between human beings and ecology. It is argued that the time has come when one has to revisit the present jurisprudence of equality of rights which needs expansion to cover the ecosystem which has been facing acute danger from human activities. Increasing air pollution such as smog, global temperature and water pollution caused by unmanaged waste disposed of by industries and households along with additional harmful substances have put human beings at a great risk of self-extinction in the near future if these situations continue without checks and balances. This man-made crisis is the biggest crisis of our modern civilization which must be resolved with aniron hand of the law. One of the approaches is to recognize the ecosystem as equal to human beings and to develop the jurisprudence of equality among human beings and non-human beings such as the environment, animals and birds. Recognizing the fundamental rights of ecology as equal to human beings can be an answer to save the ecology and humanity together. The paper, in the second part, argues to elevate some legal rights of animals to the status of fundamental rights as done by several Western countries. It examines the two judgments of the Supreme Court of India and holds that there is a ray of hope as some discourse on animal rights has taken place before the apex court. It points out that the Supreme Court judgment in 2014 was a great leap towards realizing this goal whereas the 2023 judgment has put a halt to this progressive march based on an outdated and discarded human-centric approach.- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48335/1/19_Evolving%20the%20Concept%20of%20Legal%20Personality%20in%20Ecology%20and%20Animals%20Welfare%20Legislations%20-%20An%20Alternative%20Approach%20to%20Protect%20the%20Environment.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 66(3), Jul-Sep, 2024: p.263-286 | Available | AR137686 |
The present paper is an attempt to discover equal rights between human beings and ecology. It is argued that the time has come when one has to revisit the present jurisprudence of equality of rights which needs expansion to cover the ecosystem which has been facing acute danger from human activities. Increasing air pollution such as smog, global temperature and water pollution caused by unmanaged waste disposed of by industries and households along with additional harmful substances have put human beings at a great risk of self-extinction in the near future if these situations continue without checks and balances. This man-made crisis is the biggest crisis of our modern civilization which must be resolved with aniron hand of the law. One of the approaches is to recognize the ecosystem as equal to human beings and to develop the jurisprudence of equality among human beings and non-human beings such as the environment, animals and birds. Recognizing the fundamental rights of ecology as equal to human beings can be an answer to save the ecology and humanity together. The paper, in the second part, argues to elevate some legal rights of animals to the status of fundamental rights as done by several Western countries. It examines the two judgments of the Supreme Court of India and holds that there is a ray of hope as some discourse on animal rights has taken place before the apex court. It points out that the Supreme Court judgment in 2014 was a great leap towards realizing this goal whereas the 2023 judgment has put a halt to this progressive march based on an outdated and discarded human-centric approach.- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48335/1/19_Evolving%20the%20Concept%20of%20Legal%20Personality%20in%20Ecology%20and%20Animals%20Welfare%20Legislations%20-%20An%20Alternative%20Approach%20to%20Protect%20the%20Environment.pdf
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