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The importance of urbanisation and climate change as critical business issues cannot be underestimated – with implications across all industry sectors and reaching right up to the highest echelons of corporate leadership. With new forms of legal action currently being launched against more types of defendants in more jurisdictions, and historic as well as future liabilities at stake, ignoring such risks is not a viable option. A proactive judiciary to help protect the fundamental rights enshrined in the Constitution of India has led to a wide range of measures being taken by the government and environmental protection bodies. As the problem grows, so do public calls for more to be done, and resulting government legislation, regulation and policies. In these circumstances, corporates in various sectors need to focus on continuously transitioning in their mode of operations to maintain symphony with the legislative reforms.
The Honourable Supreme Court of India in their quest for environmental governance recently observed the following: “Environmental governance is founded on the need to promote environmental sustainability as a crucial enabling factor which ensures the health of our eco system. Since the Stockholm Conference, there has been a dramatic expansion in environmental laws and institutions across the globe. In many instances, these laws and institutions have helped to slow down or reverse environmental degradation. However, this progress is also accompanied, by a growing understanding that there is a considerable implementation gap between the requirements of environmental laws and their implementation
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