A Socio-Legal Approach To Preservation of Dal Lake | Legal ...

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Evolution of Legal Framework:

Article 51A.

(g) to protect and improve the natural environment including forest, lakes, rivers and wild life, and to have compassion for living creatures.

;Article 21.

; The Article 21 falls under the Part III of the constitution of India, dealing with Fundamental Rights. The judicial effort has brought the right to clean environment within the domain of fundamental rights and therefore acknowledged the importance of clean and safe Environment.

Over the years a distinct branch of law called environmental law has emerged which concerns specifically with issues concerning our Environment.; The preservation of water bodies is one area of operation of Environment law. The laws have therefore been framed to preserve the water bodies around us like lakes.;

; Despite the legal system in place our Environment comprising of rivers, lakes and forests etc is facing an alarming threat of degradation and extinction.

DalLake ? Socio-Legal Issues:

In order to arrive at the laws required to prevent death of Dal Lake the broad aspects of our social life that pose a threat to the existence of the Lake have to be understood. The major problems that threaten the life of the Dal Lake is encroachment and Pollution.

; According to ancient manuscripts the area of Dal Lake was about 75 Sq Km in 1200 AD. It is a slow process of conversion of the lake areas into land mass. The people in the vicinity of the Dal Lake have over the years in connivance with the Municipal Authorities raised construction over the lake area.

; The water quality in the Lake has become extremely bad. The cause of decline in the water quality is the high degree of flow of sewerage and other waste material into the Dal Lake. The tourists who come to admire the beauty of the world famous Dal Lake ultimately shit in it.

; The law for the protection of the environment does not permit draining out shit into the Dal Lake.

; The sewerage of house boats and adjoining areas has been flowing into the Dal Lake continuously over decades. Once the process is complete the lake can be refilled with fresh water through its naturally feeding sources. The process is possible because the depth of the Dal Lake is less i.e. around 6 M Maximum. The method was employed to clean the ?Sukhna Lake? of Chadigrah in mid nineties.

; The Constitutional and legal system that has evolved over a period of time is alive to the need to protect our environmental assets.; It is the implementation of these laws that is crucial for better result.; In order to prevent encroachment over the Dal Lake the laws relating to the construction in urban area needs to be applied strictly.; The environmental laws like Prevention of Water Pollution Act has to be strictly applied in order to prevent the follow of sewerage into the Dal Lake.; It is not the law but the political and administrative will that needs to gear up in order to prevent the encroachment and pollution of the Dal Lake.

• The Govt. can undertake the process of the physical cleaning of the Dal Lake by first draining out the water of the Dal Lake on the pattern of the Sukhna Lake of the Chandigrah. It would clear the poisonous nutrient content, Azolla weeds, Sewerage and other solid waste of the lake.
• The law of building permission and urban construction needs to be applied strictly.;

Source: http://www.legalphilosophy.org/a-socio-legal-approach-to-preservation-of-dal-lake-2.html/

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