Legal Regulation of Hazardous Substances

Environmentally sound management of hazardous substances is a key challenge before policy makers, regulators, implementers, industry workers, and the affected people. The toxic pollution unleashed in Bhopal, Bichri, Patencheru, Kanpur, and many more such toxic hotspots in India led to the strengthening of legal regime for the "Regulation of Environmental Pollution Caused by Hazardous Substances in India". This volume elaborates upon the concept, causes and consequences of hazardous substances; analyses the relevant international legal regime for the management of hazardous substances; presents a succinct overview of the environmental and general laws pertaining to hazardous substances and processes in the Indian context; reviews environment and safety legislations; critically examines the common law and statutory liability and compensation regime through decided cases; elucidates the disputes settlement mechanism in India and finally offers findings and suggestions towards strengthening the legal and regulatory mechanism for hazardous substances in India. An added feature of the book is the systematic and concise treatment of plethora of delegated legislation made under the Environment (Protection) Act, 1986, such as the rules pertaining to hazardous wastes, hazardous chemicals, genetically modified organisms, bio-medical wastes etc. The author has made all attempts to keep the book updated and in doing so has also provided a review of the Law Commission of India’s recent proposal to constitute Environment Courts in India, as also the National Environment Policy, 2006. The book would be highly useful to practitioners, legal researchers, activist, scientific community, industry and other interested persons.

Contents: Acknowledgements Foreword Preface Abbreviations Table of Cases 1. Introduction 2. Hazardous Substance: Concept, Causes and Consequences 3. Control of Hazardous Substances at International Level 4. Legal Regulation of Hazardous Substances at National Level 5. Safety Legislation and Environment 6. Liability and Compensation 7. Administrative Machinery 8. Adjudicatory Mechanism Epilogue Appendices Bibliography Index.