This study aims to examine the right to clean environment as a human right,
particularly in Sudan and India. It is divided into four chapters .Chapter One is about
clean environment as a constitutional right, chapter Two attempts to examine
development in Sudan environmental legislations, and chapter Three deals with the
implementation of environmental legislations and chapter four concludes the whole
thesis and tenders some recommendations
It analyzed the main developments in the field of environmental protection
offered by the constitutions of the Sudan, as well as Sudan legislation and the role
of the courts in the implementation of these laws. The thesis tackles the
environment and water resources pollution from a legal point of view.
The thesis also discusses the new policy of Sudan of paying attention to the
protection of environment, which is represented in the establishment of many
environmental institutions, including environment court. It referred to some cases
seen by the environment court. It also referred to the Constitution of India, and the
Indian environmental laws and the implementation by the Indian courts as well,
considering that India is one of the advanced countries in this field.
Finally, the thesis noted that many of these laws are not applied, given the
lack of environmental awareness among the authorities and the citizens, and then
made some observations and recommendations among which is the necessity of
always taking into consideration the Environment Protection Act when enacting
legislations related to the environment activities such as, investment , lands , industries and rural planning in order to avoid occurrence of any conflict or
contradiction between these particular laws and the Protection of environment Act
which is deemed a frame work of all the relevant laws. Another recommendation is
that environmental impact assessment should be made within the framework of
appropriate environmental guidelines . Thirdly, it is the necessity to incorporate
well known principles into the local body of law such as Polluter Pays principle
, under which the party responsible for causing pollution is strictly liable for
damages incurred .Fourthly, the Coordination between the authorities
responsible for the protection of environment be extended in accordance with
the conception that environmental security is the responsibility for all . Fifthly
the River Nile and the Red Sea need special laws to protect their environment
and their natural resources. Sixthly, the extensive spreading of mobile phone
towers makes it necessary to establish an independent national committee to
make people aware of the dangers of radiation .Lastly, in reviewing laws
relating to air pollution specially the Road Traffic Act, the legislator should
issue strict laws to prevent air pollution , given increase of pollution from
motor car exhaust pipes.