I. UNIT 1.

1. Define the term Pollution? Explain the different types of Pollution

2. Explain the ancient Indian environmental ethics
3. What are the remedies available under tort law to an individuals against pollution of
environment
4. What are the factors responsible for environmental pollution? What are the remedies?
5. SN – Global warming

II. UNIT 2
6. What are the constitutional provisions on environment and its protection?
7. Critically analyze the right to live in a healthy environment with decided cases
8. Explain the different doctrines that have evolved for the protection of environment?
With case laws
9. Discuss polluter pays principle with decided cases
10. SN – Precautionary Principle
11. SN – Intergenerational Equity Principle
12. SN – Absolute Liability

1. Define the term Pollution? Explain the different types of Pollution

 Answer :

Introduction

The word pollution comes from the Latin word ‘polluere’ that simply means
contamination. Hence, in layman terms, pollution is something that contaminates the
environment.

Environmental Pollution refers to any addition of unwanted material in the

environment due to human activities that lead to undesirable changes in the
environment and ecology.
For example, sewage water being released in clean water sources like tanks, rivers,
etc. is an example of water pollution.

According to Section 2 of Environment Protection Act, “Environmental pollutant”

means any solid, liquid or gaseous substance present in such concentration as may be,
or tend to be, injurious to environment.

Different types of Pollution :

The natural environment consists of the air, water, soil, sunlight and temperature in a
place.
Therefore, Environment pollution can be classified into the following types:

i. Air Pollution
ii. Water Pollution ( can also write thermal pollution)
iii. Noise Pollution
iv. Soil Pollution
v. Light pollution
vi. Radioactive pollution
vii. Land Pollution

i. Air Pollution:
Air is a mixture of various gases, particulate matter and moisture that forms the
earth’s atmosphere. These gases consist of nitrogen, oxygen, argon, carbon di-
oxide etc. It also includes, water vapour, dustic particles, plant spores etc. If the
quantity of the gases and other things exceeds permissible limits, the atmosphere
gets adversely affected

As per WHO, Air Pollution is contamination of the indoor or outdoor environment

by any chemical, physical or biological agent that modifies the natural
characteristics of the atmosphere.

Causes of Air Pollution

Industrial emissions, household emissions , motor vehicles emissions, forest fires

etc are some common sources of air pollution.
Pollutants of major public health concern include Particulate Matter, Carbon
Monoxide, Ozone, Nitrogen Dioxide, and Sulphur Dioxide.
 Case Law : Taj Trapezium case

The yellowing of the historical Taj Mahal is the result of substantial rise in the
level of pollution of sulphur dioxide (acid rain) and particulate matter which is the
result of coal by the industries and diesel by large number of vehicles, Mathura
refinery

ii. Water Pollution:

Water is known as the elixir of life and therefore one of the most important factor
in the life of an organism. Shortage or unwholesomeness of water has become a
major problem

Water pollution refers to release of unwanted substances into subsurface

groundwater or into water bodies like lakes, streams, rivers, estuaries, and oceans
to a level which negatively impacts the beneficial use of the water or natural
functioning of ecosystems.

When harmful chemicals or microorganisms contaminate a stream, river, lake,

ocean, aquifer, or other body of water, the water’s quality deteriorates and it
becomes toxic for both humans and the environment.

Causes of Water Pollution

Agriculture is one of the primary sources of water pollution. Animal waste from
farms and livestock operations, pesticides, and fertilizers wash nutrients and
pathogens like bacteria and viruses into our waterways.
More than 80 percent of the world’s wastewater flows back into the environment
without being treated or reused, according to the United Nations.
Radioactive substances generated by uranium mining, nuclear power plants and
the hospitals that use radioactive materials for research and medicine. These waste
can persist in the environment for thousands of years, making disposal a major
challenge.

iii. Noise Pollution:

Noise pollution is basically any undesired sound or a sound which is disagreeable

for individuals and disturbs the normal way of an individual.
Noise Pollution is defined by the World Health Organization (WHO) as noise that
is louder than 65 decibels (dB).
Noise pollution is not only an irritant but can cause cardiac ailments, neurosis,
nervous breakdowns and in extreme cases even defective birth and abortions

Causes of Noise pollution:

Machines, modern equipment, airplanes, trains, automobiles, gadgets,
construction work, loudspeakers etc

iv. Soil Pollution:

Soil is the basis of flora and fauna and holds all terrestrial life. It is finite and
inelastic resource.
 The contamination of soil with abnormally high concentrations of toxic substances
is referred to as soil pollution.

Cause of soil Pollution :

Use of pesticides, fungicides, uncontrolled mining operations, dumping of garbage
and biomedical wastes, industrial wastes and sludges

v. Light pollution:
Light pollution is the presence of inappropriate, unwanted and excessive artificial
lighting.
Too much light pollution has negative impacts on the environment and human
health, obstructs astronomical research, disturbs ecosystems, and wastes energy.

Causes of Light Pollution:

Over illumination, use of excessive lights, manufacturing, industrialization,
globalization

vi. Radio-active pollution:

Nuclear energy which is now a big source of energy has become a big health
hazard. When radioactive elements are accidentally present in the environment or
atmosphere and pose a risk to the ecosystem owing to radioactive decay, this is
known as radioactive pollution.

Causes of Radioactive Pollution

Nuclear Accidents from Nuclear Energy Generation Plants

Use of Nuclear Weapons as Weapons of Mass Destruction (WMD)
Use of Radioisotopes in Health and other sectors.
Mining
Spillage of Radioactive Chemicals
Cosmic Rays and Other Natural Sources
Nuclear Waste Handling and Disposal

Conclusion : Environmental Pollution is a big hazard and threatens the very existence of
mankind. The significant causes of pollution are over population and industrialization. The
ill-effects of pollution are already causing significant damage to the ecology, depletion of the
ozone layer, reduction in artic cover, rising sea levels and other catastrophic effects. While
the governments have taken measures to combat these issues, there’s still a lot that needs to
be done start seeing any positive impact

2. Explain the ancient Indian environmental ethics

Introduction : Environmental ethics refers to the philosophy of environment

protection. It is a branch of ethical thought that focuses on relationship between
humans and their natural environment. Though modern environmental
jurisprudence recognizes the shift of environmental ethics from an anthropocentric
view to an ecocentric view
 Ethics during ancient times:

Environment protection is not a new concept for Indians. It has been 6000 years
old tradition for us; it was the “Dharma” for each individual in the society for
protection of nature.

The ancient Indian society believed in an ecocentric view of environment,

meaning it viewed all elements of environment as equally important and protected
all parts of the ecosystem with reverence and it was the duty of humans to respect,
protect, and nurture environment.

The five important elements of nature called “Panchabhootas” were the divine
incarnation for us. Natural resources management was given major importance in
ancient India like conservation of water bodies, Protection of forests,& wildlife
were considered to be the important aspects of governance by the rulers and local
people. Punishments were prescribed for causing injury to plants.

According to evidences in Vedas and Kautilya’s Arthasasthra, different dynasties

accorded top priority to environmental protection and sustainable use of its
components.

All of the tree parts were considered important and sacred and Kautilya fixed
punishments based on the destruction of the specific part of the tree, some of the
important trees were even elevated to the position of God.

Vedas –
The Rig-Veda establishes the symbolism of this close kinship when it says:
‘Heaven is my father; my mother is this vast earth, my close kin
The Rig Veda does mandates about Cow slaughter is a heinous crime equivalent
to a human murder and those who commit this crime should be punished.

Atharva-veda -
Atharva-Veda contains the hymn - Bhumi Sukta – in praise of the earth and
invokes a balance: upon the immutable, vast earth supported by the law, the
universal mother of the plants, peaceful and kind, may we ever walk for ever.

In Mahabharata, in the Bhisma Parva, refers to the earth as an ‘ever-yielding cow’

provided its resources are developed and managed with balance and control: ‘if
Earth is well looked after, it becomes the father, mother, children, firmament and
heaven, of all creatures.

3. What are the remedies available under tort law to an individual against pollution of
environment?

Answer:
Tort law is based upon the principles “sic uteve two ut alininum non lex das” means
so use your property as not harm others. Although tort law does not deal directly with
pollution control still one can spell out rules of pollution control and successfully
apply them from the principles evolved out of certain aspects of the law. Majority of
environment pollution cases of tort in India fall under four major categories:
 Nuisance,
 Trespass,
 Negligence,
 Strict Liability.

Nuisance:
It means anything which annoys, hurts or that which is offensive. Under the common
law principle, the nuisance is concerned with unlawful interference with the person’s
right over whole of land or of some right over or in connection with it. But for an
interference to be an ‘actionable nuisance’ the conduct of the defendant must be
unreasonable.

Nuisance may be public or private in nature. Hence acts interfering with the comfort,
health or safety are covered under nuisance. The interference may be due to smell,
noise, fumes, gas, heat, smoke, germs, vibrations, etc. In the private nuisance, the
basis of an action under nuisance is unreasonable and unnecessary inconvenience
caused by the use of the defendant’s land.

A public nuisance is an unreasonable interference with a right common to the general

public, otherwise an act or omission which materially affects the reasonable comfort,
convenience, health, safety and quality of life of a class of persons. The activities
include carrying of trades causing offensive smells, intolerable noises, dust,
vibrations, collection of filth that affects the health or habitability in a locality.

Case Laws
St. Helen Smelting Co. vs Tipping [vi] :
In this case, the fumes from the defendant’s manufacturing work damaged plaintiff’s
trees and shrubs. The Court held that such damages being an injury to property gave
rise to a cause of action. In the case of damage to property, any sensible injury will be
sufficient to support an action [vii].
Ram Baj Singh vs Babu Lal [x]:
In this case, A person built a brick grinding machine in front of the consulting
chamber of a medical practitioner. The machine was generating a lot of dust and noise
which polluted the atmosphere and entered the consulting chamber of the medical
practitioner and caused physical inconvenience to him and his patients.

The Allahabad High Court held that this amounts to the private nuisance which can
reasonably be said to cause injury, discomfort or annoyance to a person. Exposure of
unwilling persons to dangerous and disastrous levels of noise amounts to noise
pollution. It is also known as noise nuisance and thus it can be controlled under the
law of torts.

Negligence
Negligence is another specific tort on which a common law action to prevent
environmental pollution can be instituted. When there is a duty to take care and the
same is not taken, which results in some harm to another person, it is amounted to
negligence. In the action of negligence, the result is some kind of a loss,
inconvenience or annoyance to another. The plaintiff must show
# The the defendant was under a duty to take reasonable care to avoid the damage
complained
# Breach of the duty
# Consequential damage which must have been factually caused by the breach of duty
and must be reasonably foreseeable as a consequence of the breach.
The problem with cases of negligence is the difficulty in establishing casual the
connection between the negligent act of one and injury to others. It is also very
difficult and problematic to prove if the effect of the injury remains hidden for a long
period.

Nichols v. Marsland
In this case, The defendant had a series of artificial lakes on his land in the
construction or maintenance of which there had been no negligence. Owing to
exceptionally heavy rain, some of the reservoirs burst and carried away four country
bridges. It was held that the defendant was not liable as the water escaped by the act
of God [xxv].

Mukesh Textile Mills vs Subramanya Sastri

In this case, the court applied common law action for negligence to prevent activity
causing environmental pollution. The facts of this case were that the appellant had a
sugar factory and used to store molasses, a by-product in the manufacturing of sugar,
in tanks which were close to the respondent’s land and separated by a water channel.
One day, one of the tanks collapsed. It emptied into the water channel and ultimately
spoiled the paddy fields of the respondent causing damage to the raised crop. The
court held the appellant liable on two grounds. Firstly, the appellant who had stored a
large quantity of molasses in tanks had the duty to take reasonable care in the matter
of maintenance. If the duty to take care was not properly performed, then it amounted
to negligence on the part of the appellant. The court further pointed out that the
appellant could reasonably foresee the damage, which was likely to be caused if there
was a breach in the tank. Secondly, liability arises whenever the land is put to the non-
natural use. Thus, the court held that the appellant was liable for the consequences of
the escape of the fluid its tank

Trespass:
It means an intentional invasion of the interests of the plaintiff over the property in his
exclusive possession. The invasion may be direct or through some tangible object.
Two things are necessary to prove for constituting the tort of trespass.
# Intentional interference
# Such interference must be direct rather than consequential.

It differs from the nuisance in that, trespass is actionable per se whereas nuisance is
actionable in the proof of damage. In the environment related problems tort of
trespass constitutes a deliberate placement of waste in such circumstances as it will be
carried to the land of plaintiff by natural forces. It may be gases or even invisible
fumes.
The primary remedies for these environmental torts are claiming for unliquidated
damages and injunction or both. Damages are compensation payable for the
commission of a tort. These damages may be nominal, substantial or exemplary.
Where it is not an appropriate remedy and the prevention of tortuous act is essential,
the remedy of an injunction with or without damages may be granted. An injunction is
a judicial process where a person who has infringed or is about to infringe the rights
of another, is restrained from pursuing such acts. Injunctions are of two kinds,
temporary or perpetual.

Case Law : Sammons vs Gloversville [xxxvii] :

In this case , a very polluted Cayadutta Creek flowed through Sampson Sammons’
New York farm. Upstream, the city of Gloversville emptied its sewers and drains into
the creek, fouling its waters and depositing filth on its beds and along its banks. So,
too, did the city of Johnstown, along with several tanneries. Mr. Sammons went to
court to restrain Gloversville from further polluting the creek or its banks. The trial
court found that the city’s sewage disposal practices amounted to a continuing
trespass that substantially injured Mr. Sammons’ property rights. It issued an
injunction, to take effect after one year, prohibiting Gloversville from fouling Mr.
Sammons premises by discharging its sewage into the creek.

Strict Liability
The person who, for his own purpose, brings on his land and collects and keeps there
anything likely to do mischief if it escapes, must keep it in at his peril, and if he does
not do so is prima facie answerable for all the damage which is the natural
consequence of its escape.

The liability under this rule is strict and it is not the defense that the thing escape
without that persons willful act, default or negligence or that he had no knowledge of
its existence [xli].
The doctrine of strict liability is also known as the rule of no-fault liability as it
considers liability without fault on the part of the defendant and particularly this
aspect of the doctrine has significant relevance in the matters related to environmental
pollution. it is related to variety of things like fire, gas, explosions, electricity, oil,
noxious fumes, colliery spoil, poisonous vegetation etc. this rule is equally applies to
the injuries caused to person and property.

Ryland vs Fletcher
In this case , Ryland and Fletcher were neighbors. Fletcher was running a coal mine
on lease. Ryland desired to construct a water reservoir on his land for storing water. R
gave this job to an independent contractor. While working on the water reservoir, the
workmen belonging to the independent contractor came across some old disused
shafts. The contractors found disused mines when digging but failed to seal them
properly. When water was filled in the reservoir, those improperly packed old disused
shafts succumbed to the pressure and water percolated through to the coal mine and
Fletcher could not carry any work, thus suffered losses. He went to the court for
redressal.

Blackburn J said that this rule provides that a person who for his own purpose brings
on to his land and collects and keeps there anything likely to do mischief if it escapes
must keep it at his peril and , if he fails to do so , is prima facie liable for the damage
 which is the natural consequences of its escape. The liability under this rule is strict
and it is no defense that the things escaped without that person’s willful act, default or
neglect or even that he had no knowledge of its existence . This rule laid down a
principle of liability that if a person who brings on to his land and collects and keeps
there anything likely to do harm and such thing escapes and does damage to another,
he is liable to compensate for the damages caused.

M.C. Mehta vs UOI

In this case, Shriram Food and Fertilizer Industry, a subsidiary of Delhi Cloth Mills
Limited, was engaged in the manufacture of the dangerous chemical. On December
1985, large amounts of oleum gas leaked from one of the units in the heart of Delhi
which resulted in the death of several persons.

For more details , refer below link

https://www.legalserviceindia.com/legal/article-768-environmental-remedies-under-
law-of-torts.html#:~:text=The%20primary%20remedies%20for%20these,be
%20nominal%2C%20substantial%20or%20exemplary.

4. What are the factors responsible for environmental pollution? What are the remedies?

Environmental Pollution refers to any addition of unwanted material in the

environment due to human activities that lead to undesirable changes in the
environment and ecology. For example, sewage water being released in clean water
sources like tanks, rivers, etc. is an example of water pollution.

Detailed answer covered under question 2

5. Short note on global warming :

Global warming is the phenomenon of a gradual increase in the temperature near the
earth’s surface. This phenomenon has been observed over the past one or two
centuries. This change has disturbed the climatic pattern of the earth.

Causes of Global Warming

Following are the major causes of global warming:

Man-made Causes of Global Warming

Deforestation

Plants are the main source of oxygen. They take in carbon dioxide and release oxygen
thereby maintaining environmental balance. Forests are being depleted for many
domestic and commercial purposes. This has led to an environmental imbalance,
thereby giving rise to global warming.

Use of Vehicles

The use of vehicles, even for a very short distance results in various gaseous
emissions. Vehicles burn fossil fuels which emit a large amount of carbon dioxide and
other toxins into the atmosphere resulting in a temperature increase.

Chlorofluorocarbon

With the excessive use of air conditioners and refrigerators, humans have been adding
CFCs into the environment which affects the atmospheric ozone layer. The ozone
layer protects the earth surface from the harmful ultraviolet rays emitted by the sun.
The CFCs have led to ozone layer depletion making way for the ultraviolet rays,
thereby increasing the temperature of the earth.

Industrial Development

With the advent of industrialization, the temperature of the earth has been increasing
rapidly. The harmful emissions from the factories add to the increasing temperature of
the earth.

In 2013, the Intergovernmental Panel for Climate Change reported that the increase in
the global temperature between 1880 and 2012 has been 0.9 degrees Celsius. The
increase is 1.1 degrees Celsius when compared to the pre-industrial mean
temperature.

Agriculture

Various farming activities produce carbon dioxide and methane gas. These add to the
greenhouse gases in the atmosphere and increase the temperature of the earth.

Overpopulation

An increase in population means more people breathing. This leads to an increase in

the level of carbon dioxide, the primary gas causing global warming, in the
atmosphere.

Natural Causes of Global Warming

Volcanoes

Volcanoes are one of the largest natural contributors to global warming. The ash and
smoke emitted during volcanic eruptions goes out into the atmosphere and affects the
climate.

Water Vapour
Water vapour is a kind of greenhouse gas. Due to the increase in the earth’s
temperature, more water gets evaporated from the water bodies and stays in the
atmosphere adding to global warming.

Melting Permafrost

Permafrost is frozen soil that has environmental gases trapped in it for several years
and is present below Earth’s surface. It is present in glaciers. As the permafrost melts,
it releases the gases back into the atmosphere, increasing Earth’s temperature.

Forest Blazes

Forest blazes or forest fires emit a large amount of carbon-containing smoke. These
gases are released into the atmosphere and increase the earth’s temperature resulting
in global warming.

Effects of Global Warming

Following are the major effects of global warming:

Rise in Temperature

Global warming has led to an incredible increase in earth’s temperature. Since 1880,
the earth’s temperature has increased by ~1 degrees. This has resulted in an increase
in the melting of glaciers, which have led to an increase in the sea level. This could
have devastating effects on coastal regions.

Threats to the Ecosystem

Global warming has affected the coral reefs that can lead to the loss of plant and
animal lives. Increase in global temperatures has made the fragility of coral reefs even
worse.

Climate Change

Global warming has led to a change in climatic conditions. There are droughts at
some places and floods at some. This climatic imbalance is the result of global
warming.

Spread of Diseases

Global warming leads to a change in the patterns of heat and humidity. This has led to
the movement of mosquitoes that carry and spread diseases.

High Mortality Rates

Due to an increase in floods, tsunamis and other natural calamities, the average death
toll usually increases. Also, such events can bring about the spread of diseases that
can hamper human life.
 Loss of Natural Habitat

A global shift in the climate leads to the loss of habitats of several plants and animals.
In this case, the animals need to migrate from their natural habitat and many of them
even become extinct. This is yet another major impact of global warming on
biodiversity.

6. What are the constitutional provisions on environment and its protection?

1) Right to Live in a healthy environment

“Both aspects of man’s environment, the natural and the man-
made, are essential to his well-being and to the enjoyment of basic
human rights, the right to life itself.”

– United Nations, Stockholm, 1972

For leading a quality life a clean and a healthy environment is indispensable.

A person will remain healthy only if he is provided with fresh air to breathe,

clean water to drink and other basic requirements. So in order to live a

dignified and healthy life it is important for a person to be surrounded by a

clean environment. Thus, the right of the people to live in a clean and
healthy environment is a basic human right, fundamental to live a decent

life, the violation of which will be considered a violation of basic right to life

Constitutional provisions
The Constitution of India, 1950 didn’t include any provision for environmental
protection or preservation. However the Constitution (Forty-second
Amendment) Act, 1976 introduced Article 48-A and 51A (g) which conferred
constitutional status to environmental protection.

Directive principles
 Article 48-A
This article says: “The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country”.
Though directive principles are not enforceable in the Courts ,the State has
to comply with its provisions when creating laws.

 Article 47
An attempt has also been made to provide for the right to a healthy
environment to its citizens by Article 47 which states that the “State shall
regard the raising of the level of nutrition and the standard of living of its
people and the improvement of public health as among its primary duties.”

Fundamental duties
It is a duty of every citizen to protect and preserve the environment
under Article 51-A(g) which says that “It shall be the duty of every citizen
of India to protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures.”

Fundamental rights
The provision of Article 19 (1) of the Constitution which deals with freedom
of speech and expression has been used by the Supreme Court to approach
the problem of noise pollution. It has been stated that right to speech and
expression doesn’t include right to use amplifiers or loudspeakers. Such right
cannot be used so as to cause problems for others.
Article 21 of the Constitution deals with Protection of life and personal liberty
which states that ‘No person shall be deprived of his life or personal liberty
except according to procedure established by law’. It is a negative duty of
the State to not to do anything which deprives a person of his life or his
personal liberty. To safeguard this right and other fundamental rights Article
32 of the Constitution empowers the Supreme Court to move whenever there
is any violation of Fundamental Rights. Although the right to a clean
environment was not explicitly recognised by the Constitution, it has been
held to be implicit in Right to life under Article 21 by the judiciary through its
pronouncements. Courts have given widest connotation to Article 21, it was
argued that right to life doesn’t mean merely ‘animal existence’ but a life
with ‘human dignity’. It was held that right to life to incorporate all those
rights that are essential and basic for the enjoyment of the standard of life,
like the right to shelter, right to food, etc. free from environmental pollution
and other environmental hazards.

Article 32 and Article 226 of the constitution has been used time and again to
raise the issue of environmental protection through Public Interest Litigation
(PIL)

Judicial Interpretations and Case Laws

1. MC Mehta v. Union of India (1986):

o Oleum Gas Leak Case: The Supreme Court held that the right to life includes
the right to a clean environment. This case highlighted the duty of the state to
protect citizens from hazardous substances and emphasized the judiciary's role
in ensuring environmental protection.

2. Subhash Kumar v. State of Bihar (1991):

o The Court emphasized that a healthy environment is essential for human
existence and that the right to life includes the right to enjoy pollution-free
water and air for full enjoyment of life.

3. Indian Council for Enviro-Legal Action v. Union of India (1996):

o The Court reiterated that the right to a healthy environment is integral to the
right to life under Article 21. It recognized environmental pollution as a
violation of this fundamental right and emphasized the state's duty to ensure a
pollution-free environment.

4. Vellore Citizens Welfare Forum v. Union of India (1996):

o The Supreme Court emphasized the polluter pays principle and held that
industries causing pollution must bear the cost of remedying it. This case
underscored the accountability of industries in maintaining a healthy
environment.

 M.C. Mehta v. Kamal Nath & Ors. (1997) - Taj Trapezium Case:
 5. Known as the Taj Trapezium Case, this dealt with pollution affecting the Taj Mahal
due to industrial emissions. The Supreme Court imposed strict regulations on
industries in the Taj Trapezium Zone to protect the monument.

 M.C. Mehta v. Union of India (1997) - Ganga Pollution Case:

6. This case focused on pollution in the Ganga river. The Supreme Court issued
directives to clean and maintain the river, leading to the establishment of the
NationalGanga River Basin Authority (NGRBA)

7. In LK Koolwal v State of Rajasthan, AIR 1988 Raj 2 the right was based for a
demand for cleaning the city of Jaipur and saving it from unhygienic conditions.
Looking at the impact of art 51-A(g) of the Constitution, the Rajasthan High Court
was of the view that though termed as duty, the provision gives citizens a right to
approach the court for a direction to the municipal authorities to clean the city, and
that maintenance of health, sanitation and environment falls within art 21,thereby
rendering the citizens the fundamental right to ask for affirmative action

Environment protection laws

The Stockholm Conference of 1972 has largely influenced the environmental
policy making in India. Several important legislation has taken place after
that. Following Acts were produced to tackle the problem of environment
pollution.

The Water (Prevention and Control of Pollution) Act,1974

 The aim of the Act is to maintain wholesomeness of the water of the
country and to promote cleanliness of streams and rivers.
 It led to the establishment of Central Pollution Control Board (CPCB)
and State Pollution Control Board (SPCB).

The Air (Prevention and Control of Pollution) Act, 1981

 It provides for prevention, control and abatement of air pollution.
 The boards created by the ‘Water Act’ were entrusted with the
responsibility to implement the provisions of this Act also
The Environment (Protection) Act, 1986
 This Act was a result of the unfortunate Bhopal Gas tragedy in 1984.
 It is considered as an umbrella legislation to fill the lacuna of the
existing legislation and to help CPCBs and SPCBs coordinate their
activities under various legislations

The National Green Tribunal Act, 2010

 It led to the establishment of National Green Tribunal (NGT) for
speedy disposal of cases relating to environment protection and
preservation

7) Explain the different doctrines that have evolved for the protection of
environment with cases?

SUSTAINABLE DEVELOPMENT & DOCTRINES FOR PROTECTION

OF ENVIRONMENT
The concept of sustainable development is the result of an integrated approach of political
and decisional factors, in which environmental protection and long-term economic growth are
considered to be complementary and interdependent.

The central principles behind sustainable development are:

 Equity and fairness among countries and generations,

 The long-term vision on the development process,

• Systemic thinking and interconnection between economy, society and the

environment.

Key objectives have been established based on the major principles of sustainable
development:

(a) Environmental protection through measures that allow the separation of economic
growth from negative environmental impacts;
 (b) Social equity and cohesion through observance of fundamental human rights,
cultural diversity, equal chances and elimination of all forms of discrimination;

(c) Economic prosperity through the promotion of knowledge, innovation and

competitiveness with an aim to ensure higher living standards and full high-quality
employment;

PRINCIPLES INVOLVED IN SUSTAINABLE DEVELOPMENT

••••••

Inter- Generational Equity

Precautionary Principle

Polluter pays Principle

Public Trust Doctrine

Absolute Liability Principle

Inter-generational Equity
 According to this principle, the State is obliged to conserve and use
environment and its natural resources for the benefit of present as
well as future generations. It states that every generation holds
Earth in common, therefore its resources should be used judicially
and for the common benefit of all.
 It is the foundation of sustainable development.
 Right to a clean environment is not only an individual right but a
collective right available to both present and future generations
equally.

M.C. Mehta v. Union of India (1987). This case is commonly referred to as the Oleum

Gas Leak Case.

Principle of Intergenerational Equity

During the proceedings of the case, the Supreme Court elaborated on the concept of
intergenerational equity. Intergenerational equity refers to the principle that the present
generation should utilize natural resources in a manner that does not compromise the ability
of future generations to meet their own needs. This principle emphasizes sustainable
development and the responsibility of current generations to preserve environmental
resources for future generations.
Precautionary Principle
Prevention is better than cure; protection of the environment can effectively be done by
taking adequate precautions against the Environmental damage

 The precautionary principle was adopted in the Rio Declaration,

1992 (Principle 15).
 It states that even in the absence of scientific evidence, measures
must be taken to anticipate and prevent the causes of
environmental degradation. It is the social responsibility of the State
to protect the public from any plausible risk.

Vellore Citizens Welfare Forum v. Union of India (1996). This case is significant for its
contribution to environmental jurisprudence and the application of the precautionary principle
in decision-making.

Case Background

The Vellore Citizens Welfare Forum case arose due to pollution caused by tanneries in and
around Vellore, Tamil Nadu, which had severely contaminated water sources and caused
health hazards to the local population. The Forum filed a PIL in the Supreme Court seeking
remedial action to protect the environment and public health.The Supreme Court in this
case emphasized the application of the precautionary principle to address
environmental harm

POLLUTER PAYS PRINCIPLE

Polluter pays principle is the double edge sword There is an absolute liability on harm to the
environment, the person who is responsible for Environmental pollution should pay the
penalty and compensation for the people.

• Principle 16 of Rio Declaration Endeavours to promote the polluter pays principle

• Polluter shall be responsible for the act done and must contribute for the growth of an

environment.

M.C.Mehta v Kamalnath, 1997 (1) SCC 388

- Decided by Justice kuldip Singh and Justice S Saghir Ahmad. Span Motels had also
encroached upon an additional area of land adjoining leasehold area, motel has used
earthmovers and bulldozers to turn the course of river Beas, create new channel to divert
water flow
- Court observed that area being ecologically fragile and to be converted to private
ownership, court relied upon the public trust doctrine; state is the trust of all documents.
Public at large is the beneficiary of seashore

- Court quashed the leases and directed the HP to take over the area of land and to restore it to
the original natural conditions, applied polluter pays principle and asked for payment of
damage

- The Polluter is Responsible for compensating and repairing the damage caused by his
omission; this is the quintessence of polluter pays principle

Public trust Doctrine

 It states that resources like water, air, sea and forest have a great
importance to the general public that it would be unjustified to make
it the subject of private ownership. It poses a duty on the State to
protect such resources for the benefit of all and not to permit any
commercial use of it.
 Public at large is the beneficiary and State is the trustee who is
under a legal duty to protect these resources.
 M C Mehta v. Kamal Nath 1997
In this case an attempt was made to divert the flow of the river to support
the commercial activities of a motel. It was held that the State is the trustee
of all natural resources which cannot be permitted to be used for commercial
purposes and can only be used for the benefit of public as a whole.

Absolute Liability

The concept of absolute liability in environmental law evolved from various judicial
interpretations and legislative developments, particularly in response to industrial accidents
and environmental disasters where traditional notions of liability based on fault were found
inadequate to compensate victims and restore the environment.

Key Elements of Absolute Liability:

1. No-Fault Liability: Unlike traditional tort law, which requires proof of fault or
negligence, absolute liability imposes liability regardless of fault. The focus is on the
hazardous nature of the activity rather than the conduct of the defendant.
2. Strict and Non-Delegable Duty: The duty to prevent harm and mitigate damage is
strict and non-delegable. It rests squarely on the entity engaging in the hazardous
activity, and they cannot avoid liability by claiming lack of knowledge or control over
the event causing harm.
 3. Vicarious Liability: Absolute liability can extend to those who may not have directly
caused the harm but are responsible for the hazardous activity or have control over it
(e.g., owners, operators, and supervisors of hazardous facilities).

Landmark Case: M.C. Mehta v. Union of India (1986)

The principle of absolute liability was prominently affirmed in the case of M.C. Mehta v.
Union of India (1986), also known as the Oleum Gas Leak Case. In this case, the Supreme
Court of India articulated the principle of absolute liability while dealing with the leakage of
oleum gas from a factory in Delhi. The court held that industries engaged in hazardous
activities are strictly liable for any harm caused to the environment or public health,
irrespective of fault.

8) Discuss Polluter pays principle with decided cases

What is the polluter pays principle

The ‘polluter pay’ principle essentially holds the polluter liable for the
pollution caused to the environment. The polluter is liable for every damage
caused to the environment. So according to the ‘polluter pay principle’, the
polluter has to not only compensate the victims of pollution but also
compensate for the restoration of environmental degradation caused Under
1972 and 1974 OECD Recommendation(1)(2), the measures to be taken by
the polluter for controlling the pollution is decided by public authorities so
that the environment is in acceptable state post the industry operation.
Therefore, the polluter bears the cost of health hazard caused to the public
as well as the cost of restoration of the environment. In other words, the
costs of the measures should reflect on the cost of the goods and services,
the production and/or consumption of which led to pollution. The cost of the
measures should not be accompanied by the subsidies as it would lead to
distortion in international trade and investment.

The polluter pays principle is part of a set of broader principles to guide

sustainable development worldwide The ‘polluter pay’ principle forms a part
of the environmental law of India.
Polluter pays principle is the double edge sword There is an absolute liability
on harm to the environment, the person who is responsible for
Environmental pollution should pay the penalty and compensation for the
people.

• Principle 16 of Rio Declaration Endeavours to promote the polluter pays

principle
• Polluter shall be responsible for the act done and must contribute for the
growth of an

environment.

Landmark Judgements

Indian Council For Enviro-Legal vs Union Of India & Ors

The facts of the case, Indian Council For Enviro-Legal vs Union Of India &
Ors are as follows. An environmentalist organization brought into notice the
sufferings and woes of the inhabitants of a small village called Bichhri in
Udaipur district in Rajasthan. An industrial complex primarily involved in
manufacturing chemicals was located in the village, Bichhri. The emission of
concentrated sulphuric acid and aluminium sulphate from one of industry,
Hindustan Agro Chemical Limited caused discomfort in the lives of the
villagers. The effluents from the factory were very difficult to deal with as it
was refractory in nature. Many of the chemicals percolated into the soil
polluting the groundwater and aquifers underneath. The polluted water even
destroyed the standing crop. As a result, the villagers had to bear the brunt
of barren agricultural lands. Hence, the judgement was held that however
engaged in an activity which involves usage of inherently dangerous
substance shall be liable to pay for the damages so caused to human and
nature. The polluter pays principle was applied by making the polluter
responsible for all the financial expenditure in bringing the surroundings back
to its original condition.

Vellore Citizens Welfare Forum vs Union of India & Ors

In the case of Vellore Citizens Welfare Forum vs Union of India & Ors, the
citizens complained that the untreated effluents of tanneries and other
industries of Tamil Nadu are discharged into rivers. In the tanneries about
200 tons of leather were produced each day; every one kilo utilizes 40 litres
of water in the process and every litre of water contained 176 different forms
of toxic acids. Such toxic nature of the effluents resulted in contamination of
potable water. Due to rain and floods in the nearby town the river water
flowed into the adjoining lands. The lands adjoining were mostly used for
cultivation and agricultural purposes. As a result, the agricultural land was
contaminated due to the effluents. Hence, in this case, the industrialists
ought to take the necessary steps for the restoration of the environment.
The Taj Trapezium Case
In M.C. Mehta vs Union of India and Ors, it was reiterated by the apex court
the reiterated the ‘polluter pays principle’ and emphasized the need of
application of the principle. The yellowing and decaying of the priceless
national monument, the Taj Mahal, was a matter of concern in this case.
According to the report of the National Environment Engineering Report
Institute and Varadarajan Committee in 1990 and 1995 respectively, the
foundries, chemical industry and Mathura refineries were the major polluters
of the Taj Mahal. The court ordered the industries to switch to gas from fuel
or shift their location of work. The industries which did not comply with
orders, those industries were shut down unconditionally. Justice Kuldeep
Singh added a new dimension to the ‘polluter pays principle’. He stated that
the workers of the industries should suffer as a result of closure or shifting of
location. The workers were ought to be given compensatory benefits in the
form of residential accommodation, continuity of their job till the industry
restart etc. Since then the courts have time and again have emphasized that
the rights and duties of the workers cannot be compromised with. This
incident was a watershed in the history of environmental law management.

9) Precautionary principle

PRECAUTIONARY PRINCIPLE

Prevention is better than cure; protection of the environment can effectively be done by
taking adequate precautions against the Environmental damage. Precautionary principle
mandates about beware of what you do Principle 15 of Rio Declaration, mandates about the
protection of the Environment.

In order to protect the Environment polluter principle shall be widely applied Assimilative
Capacity, Environment absorb the shock itself but beyond certain limit pollution may cause
damage to the environment; rule of law is in to picture when there is a disturbance of the
environment.

Vellore Citizens Welfare Forum v. Union of India (1996). This case is significant for its
contribution to environmental jurisprudence and the application of the precautionary principle
in decision-making.

Case Background

The Vellore Citizens Welfare Forum case arose due to pollution caused by tanneries in and
around Vellore, Tamil Nadu, which had severely contaminated water sources and caused
health hazards to the local population. The Forum filed a PIL in the Supreme Court seeking
remedial action to protect the environment and public health.The Supreme Court in this
case emphasized the application of the precautionary principle to address
environmental harm

M.C.Mehta v Union Of India (Air 1996 Sc 2715) or Taj Mahal Case

- In this case the Supreme Court for protecting the Taj Mahal from air pollution, directly
applied precautionary principle. In 1984, M.C.Metha, a conscientious advocate, place a case
before the court the material he had gathered and warned of damage to the Taj Mahal from
air pollutants.

- According to the petitioner, the foundries, chemical/hazardous industries and the refinery at
Mathura were the major sources of damage to the Taj. Sulphur dioxide emitted by the
Mathura Refinery and the industries when combined with oxygen- with the aid of moisture-
in the atmosphere forms sulphuric acid called “ACID RAIN’, which has a corroding effect on
the gleaming white marble.

- The court held that the industries, identified by the pollution control board as potential
polluters, had to change over to natural gas as an industrial fuel and those who were not in a
position to obtain gas connection should stop functioning in TTZ

10) SN Intergenerational equity

Inter-generational Equity
Intergeneration equity simply implies a duty of present generation towards future generations

 According to this principle, the State is obliged to conserve and use

environment and its natural resources for the benefit of present as
well as future generations. It states that every generation holds
Earth in common, therefore its resources should be used judicially
and for the common benefit of all.
 It is the foundation of sustainable development.
 Right to a clean environment is not only an individual right but a
collective right available to both present and future generations
equally.

Brundtland Commission clearly emphasized on the importance of the concept of

intergenerational equity. It says that “we borrow environmental capital from future
generations with no intention or prospect of repaying

The present generation has a right to use and enjoy the resources of the Earth but is under an
obligation to take into account the long term impact of its activities and to sustain the
resource base and the global environment for the benefit of future generations of humankind.
Principle 1 & 2 of Stockholm declaration speaks about the Intergenerational Equity

M.C. Mehta v. Union of India (1987). This case is commonly referred to as the Oleum

Gas Leak Case.

Principle of Intergenerational Equity

During the proceedings of the case, the Supreme Court elaborated on the concept of
intergenerational equity. Intergenerational equity refers to the principle that the present
generation should utilize natural resources in a manner that does not compromise the ability
of future generations to meet their own needs. This principle emphasizes sustainable
development and the responsibility of current generations to preserve environmental
resources for future generations.

11) SN Absolute Liability

Absolute liability in its basic sense refers to no fault liability, in which the wrong doer is not
provided with exceptions which are provided in rule of strict liability. Absolute liability is
more stringent from of strict liability; the rule laid in Rylands v Fletcher was recognized by
Supreme Court of India in M. C. Mehta v Union of India.

The concept of absolute liability in environmental law evolved from various judicial
interpretations and legislative developments, particularly in response to industrial accidents
and environmental disasters where traditional notions of liability based on fault were found
inadequate to compensate victims and restore the environment.

Key Elements of Absolute Liability:

1. No-Fault Liability: Unlike traditional tort law, which requires proof of fault or
negligence, absolute liability imposes liability regardless of fault. The focus is on the
hazardous nature of the activity rather than the conduct of the defendant.
2. Strict and Non-Delegable Duty: The duty to prevent harm and mitigate damage is
strict and non-delegable. It rests squarely on the entity engaging in the hazardous
activity, and they cannot avoid liability by claiming lack of knowledge or control over
the event causing harm.
3. Vicarious Liability: Absolute liability can extend to those who may not have directly
caused the harm but are responsible for the hazardous activity or have control over it
(e.g., owners, operators, and supervisors of hazardous facilities).

Landmark Case: M.C. Mehta v. Union of India (1986)

The principle of absolute liability was prominently affirmed in the case of M.C. Mehta v.
Union of India (1986), also known as the Oleum Gas Leak Case. In this case, the Supreme
Court of India articulated the principle of absolute liability while dealing with the leakage of
oleum gas from a factory in Delhi. The court held that industries engaged in hazardous
activities are strictly liable for any harm caused to the environment or public health,
irrespective of fault.

Difference between Strict Liability and Absolute Liability

The difference between Strict and Absolute liability rules was laid down by Supreme Court in
M.C. Mehta v Union of India, where the court explains as:

Firstly, In Absolute Liability only those enterprises shall be held liable which are involved in
hazardous or inherently dangerous activities, this implies that other industries not falling in
the above ambit shall be covered under the rule of Strict liability.

Secondly, the escape of a dangerous thing from one’s own land is not necessary; it means
that the rule of absolute liability shall be applicable to those injured within the premise and
person outside the premise.

Thirdly, the rule of Absolute liability does not have an exception, whereas as some exception
were provided in rule of Strict Liability

12) Explain the role of PIL in environmental protection?

Public Interest Litigation (PIL) is a legal mechanism that empowers citizens to
raise their voices against environmental degradation and seek relief from the
judiciary. PIL in environmental law has played a significant role in shaping laws
and policies in India. In this article, we will discuss the role of PIL in
environmental protection in India, relevant laws, and landmark judgments.

Role of Public Interest Litigation in Environmental

Protection
Public Interest Litigation is a legal mechanism that allows any person,
organization, or group to approach the court on behalf of the public or for the
protection of public interest. PIL in environmental law has been instrumental in
promoting environmental protection and conservation in India.

PIL can be filed against both public and private entities who are violating
environmental laws or causing harm to the environment. PIL is often used to
address issues related to environmental protection, pollution control,
conservation of natural resources, and sustainable development.

PIL helps to promote transparency and accountability in governance by

holding public authorities responsible for their actions or inactions regarding
environmental protection. PIL in environmental law has also helped to create
awareness among citizens about environmental issues and their rights. It has
empowered people to take action against environmental violations and seek
redressal from the judiciary.

The Supreme Court, in the case of Indian Council for Enviro-Legal Action vs.
Union of India, issued a warning to industries that discharge dangerous
substances like Oleum and H acid. The court stated that such pollution is a
violation of the right to a safe and healthy environment and, ultimately, the
right to life.
Similarly, in the case of M.C. Mehta vs. Union of India, the Supreme Court
declared that vehicular emissions causing air pollution in Delhi constitute a
violation of the right to life under Article 21 of the Constitution. The court
directed all commercial vehicles operating in Delhi to switch to CNG fuel mode
to safeguard the health of the public.
In the landmark case of Vellore Citizens’ Welfare Forum vs. Union of India, the
Supreme Court allowed a public-spirited social organization to represent the
residents of Vellore to protect their health. In this case, the tanneries located
around the Palar River in Vellore, Tamil Nadu, were found to be discharging
toxic chemicals into the river, endangering the health of the residents. As a
result, the Court ordered the tanneries to close their businesses.

Conclusion
Public Interest Litigation in environmental law has played a significant role in
promoting environmental protection and conservation in India. PIL has
empowered citizens to take action against environmental violations and seek
relief from the judiciary. PIL has also helped to create awareness among
citizens about environmental issues and their rights.

The landmark judgments passed by the Supreme Court in response to PILs

have led to the establishment of various institutions, the adoption of
new environmental laws and regulations, and the implementation of pollution
control measures.

12) Explain the scope of writ jurisdiction regarding environmental pollution

with decided cases?
In the last few decades, the Indian courts have extended their support
towards protecting the environment from degradation, pollution, ecological
imbalance, and deterioration. The courts have recognized the right to live in
a healthy environment as a fundamental right under Article 21 of the Indian
Constitution, because of which writ jurisdiction has been enforced in frequent
times. A lot of industries, tanneries, professions associated with
environmental degradation such as mining, have been closed, advised, and
directed by the courts to uphold environment protection as a serious issue

Writ jurisdiction and environment protection

A writ petition can be filed before the Supreme Court, and the High Court
under Articles 32, and 226 respectively, in order to safeguard the
fundamental right that has been infringed. Writ petitions have often been
restored in environment cases since the right to a free and healthy
environment has been an implied fundamental right recognized by Part III of
the Constitution of India.

Subhash Kumar v. the State of Bihar (1991)

The Supreme Court of India in the well-known case of Subhash Kumar v. the
State of Bihar (1991) clarified the fact that public interest litigation cannot
include any personal interest of the person submitting a PIL before the court
of law. In the present case, the petitioner had filed a writ petition before the
top court by means of a PIL alleging that the respondents, TISCO were
responsible for polluting the river Bokaro by discharging surplus waste in
form of slurry as effluent from their washeries into the river thereby making
the water unfit for drinking and irrigation purposes, and causing risk to the
health of the people

After finding out that there existed no concrete evidence on the part of the
petitioner which could support his allegations on the respondent, the
Supreme Court observed that public interest litigation should only be
resorted to by a person in order to protect the interest of the society
Narmada Bachao Andolan v. Union of India (1998)
A well-known case that received worldwide attention in concern with the fifth
largest river in India, Narmada knocked the doors of the Supreme Court of
India by the name of Narmada Bachao Andolan v. Union of India (1998). The
issue, in this case, was the construction of the Sardar Sarovar Dam on the
Narmada river. The petitioners, in this case, had sought to contend that it
was extremely necessary for some independent judicial authority to review
the entire Sardar Sarovar Dam project thereby carrying out examination on
the basis of the current best estimates of all costs (social, environmental,
financial), benefits and alternatives in order to determine whether the project
was required in its present form in the national interest or whether it needs
to be re-structured for the future

Add

Taj Trapezium

Indian council for envirolegal action

UNIT III
1) Explain the provisions in criminal law related to abatement of public
nuisance?

Nuisance
It means anything which annoys, hurts or that which is offensive. Under the common law
principle, the nuisance is concerned with unlawful interference with the person’s right over
whole of land or of some right over or in connection with it. But for an interference to be an
actionable nuisance the conduct of the defendant must be unreasonable.

Nuisance may be public or private in nature. Hence acts interfering with the comfort, health
or safety are covered under nuisance. The interference may be due to smell, noise, fumes,
gas, heat, smoke, germs, vibrations, etc. In the private nuisance, the basis of an action under
nuisance is unreasonable and unnecessary inconvenience caused by the use of the defendants
land. The basis of the law of nuisance ‘a man must not make such use of his property as
unreasonably & unnecessarily to cause inconvenience to his neighbors.

Public Nuisance
A Person is guilty of public nuisance who does any act or is guilty of an illegal omission
which causes any common injury, danger to the people in general who dwell or occupy the
property in the vicinity or cause injury, danger , obstruction to persons who use any public
right.

Section 269 & 270 of IPC provides, whoever negligently or malignantly does any act which
spreads the infection of disease dangerous to life, can be controlled by punishing the person
responsible for such act with imprisonment upto six months to six years or with fine or both
respectively.

Section 277 provides, whoever voluntarily fouls the water of any public spring or reservoir,
so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with
imprisonment for three months or with fine of five hundred rupees or with both.

Section 278 provides, whoever voluntarily vitiates the atmosphere in any place so as to make
it noxious to the health of persons dwelling or carrying on business in the neighbourhood or
passing along the public way, shall be punished with fine upto Rs.500.

Section 284 provides, whoever does, with any poisonous substance, any act in a manner so
rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any
person, shall be punished with imprisonment for a term of 6 months or with fine upto
Rs.1000 or with both.

Section 285 provides, whoever does, with the fire or any combustible matter, any act rashly
or negligently as to endanger human life, to be likely to cause or injury to any other person,
shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or
with both.

Section 286 provides, whoever does, with any explosive substance, any act rashly or
negligently as to endanger human life, to be likely to cause or injury to any other person,
shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or
with both.
2) Explain the remedies provided under criminal law to control environmental
pollution?

Environmental crime related to the violation of Environmental laws intended to protect the
environment and human health. These laws regulated air and water quality and dictate the
ways in which the disposal of waste and hazardous materials can legally take place.
Individuals or corporations can be found guilty of environmental crimes.

Various provisions of IPC protecting Environment

Indian Penal Code, 1860, makes various acts affecting environment as offences. IPC can be
used to prevent pollution of atmosphere. Thus no trade, business or manufacturing process
can be carried out in residential area which produces noxious and offensive smell.

Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the
public health, safety, convenience, decency and morals. Its object is to safeguard the public
health, safety and convenience by causing those acts punishable which make environment
polluted or threaten the life of the people.

Code of criminal procedure 1973.

Section 133-144: deal with prevention and control of public
nuisance, causing air, water and noise pollution. They also provide most
effective and speedy remedy.
Under sec.163 Cr.P.C a district magistrate or sub divisional
magistrate or executive magistrate, on receipt of report from police
officer on receipt of any other information can make a conditional under
to remove the public nuisance causing pollution. He can also make the
conditional order absolute and if any person fails to comply with the
order he can be punished under sec. 188 of IPC.
Ratlam Municipal council Vs. Vardichand, AIR 1980 se 1622The
effluents from an alcohol plant, the dirty habits of slum
dwellers the open drainage system, etc. affected a residential locality
and hence the local residential people preferred a complaint in the
magistrate court for removal of the pollutants treating them as nuisance
under sec, 133 of CrPc. The magistrate court ordered in favor of the
local residential people. In the final appeal before the Supreme Court, it
held that the magistrate’s order was in order and that the plea of the
municipality that it had no money or finance to spend for removal of
these pollutants could not sustain and it had to stop/remove the
pollutants immediately and improve the sanitary conditions.
3) Explain the common law concepts to check pollution problem?

Remedies under Tort Law

Tort law is based upon the principles se your property as not harm others. Although tort law
does not deal directly with pollution control still one can spell out rules of pollution control
and successfully apply them from the principles evolved out of certain aspects of the law.
Majority of environment pollution cases of tort in India fall under four major categories:

• Nuisance,
• Trespass,
• Negligence,
• Strict Liability.

Nuisance
It means anything which annoys, hurts or that which is offensive. Under the common law
principle, the nuisance is concerned with unlawful interference with the person’s right over
whole of land or of some right over or in connection with it. But for an interference to be an
actionable nuisance the conduct of the defendant must be unreasonable.

Nuisance may be public or private in nature. Hence acts interfering with the comfort, health
or safety are covered under nuisance. The interference may be due to smell, noise, fumes,
gas, heat, smoke, germs, vibrations, etc. In the private nuisance, the basis of an action under
nuisance is unreasonable and unnecessary inconvenience caused by the use of the defendants
land. The basis of the law of nuisance ‘a man must not make such use of his property as
unreasonably & unnecessarily to cause inconvenience to his neighbors.

An individual may have a private right of action in respect of public nuisance:

- Particular injury to himself beyond that which is suffered by rest of public.

- Such injury must be direct & not a mere consequential injury

- Injury must be of substantial character.

St. Helen Smelting Co. v Tipping (1865) HL 642

In this case, the fumes from the defendants manufacturing work damaged plaintiffs trees and
shrubs. The Court held that such damages being an injury to property gave rise to a cause of
action. In the case of damage to property, any sensible injury will be sufficient to support an
action.

Public and private nuisancePublic and private nuisance law strikes a

balance between
property owner's rights to use and enjoy their property and other
peoples rights to engage in lawful activities.
Strict liability for environment releases.
In some cases people are liable for their actions even without any
fault, negligence or intentionally wrongful conduct. where applied, that
the defendant caused the harm is enough to establish liability. Strict
liability is typically applied where a person harbors wild or dangerous
animals or engages in abnormally dangerous activities.
SLAPP suits.
Strategic lawsuits against public participation is a phrase
developed by legal scholars to describe the trend of law suits brought
by powerful entities to intimidate opponents. Corporate plaintiffs have
sometime bought SLAPP suits against environment organizations when
high profit development projects are on the line and environmental
impacts are a concern.

Strict Liability

Some environmental offences require proof of a defendant’s mens rea in order for him to be
found guilty, but that on many occasions, where the charge is one merely of having “caused”
the prohibited act, liability is strict. This strict liability nature of a number of environmental
offences has exercised the minds of the higher courts on numerous occasions.

Strict liability offences mean that the task of securing a conviction is much easier as only
proof that the defendant did the relevant act is necessary and there is no need to prove his
mental state, although it may be a factor to be considered either by the prosecution when
exercising its discretion whether or not to prosecute, or by the court when determining
sentence when it can act as either a mitigating or aggravating factor. As Cartwright points out
“empirical research shows that the use of discretion by enforcement agencies is important in
countering any potential harshness in strict liability.
4) Explain the significance of Stockholm declaration on human environment in 1972?

Introduction
Based on the resolution of the general assembly of UNO united
nations conference on Human Environment took place at Stockholm
from 5th to 16th June 1972. This conference is considered as themagna
Karta of Environment protection and sustainable development
for the first time, the world nations seriously discussed and
deliberated on Environment protection and sustainable development.

Provisions of the stock declaration the contains

➢ Seven universal truths
➢ 26 Principle

Universal truths
1. Man is both a creator and molder of his Environment both the
natural and man made Environment are essential to his well being
and enjoyment of his rights including right to life.

2. The protection and improvement of human Environment is a

major issue, as it affects the wellbeing of people and their
economic development. It is hence the urgent desire of the people
and human Environment.

3. Man's discoveries, inventions, creations and advances if wisely

used bring benefits of development to people but if wrongly
applied, It can do great harm to human beings and the human
Environment man harm is growing many religious of earth.

4. In the developing countries, the under development has caused

most of the Environmental problems.

5. The growth of population continuously presents problems for the

preservation of the Environment and hence adequate policies and
measure must be adapted to face these problems.
6. Man must shape his actions with move care for Environmental
consequences and he must use his knowledge to build a better
natural Environment.

7. Citizens, communities, Enterprises and institutions must accept

responsibility to active this Environmental growth by all, sharing
equitable in common efforts.
Principles
1. Man has the fundamental right for adequate conditions of life in
a quality environment and hence he has the responsibility to
protect and improve the Environment for presence and future
generations.

2. The natural resources of earth must be safegaurded for the benefit

of present and future generations through careful planning and
appropriate management.

3. The capacity of the earth to produce vital renewable resources

must be maintained and restored.

4. Man has the responsibility to safeguard and wisely manage the

heritage of wild life and its habitats which are now gravely
imperiled.

5. The non-renewable resources of the earth must be employed to

guard against the danger of their future exhaustion.

6. The excess discharge of toxic substances, the excess release of

heat must be halted in order to ensure that serious or irreversible
damage is not inflicted upon ecosystems.

7. States must take all possible steps to prevent pollution of the seas.

8. Economic and social development is essential for ensuring a

favorable living and working environment.

9. Environmental deficiencies generated by under development and

natural disasters pose grave problems.

10. For the developing countries, stability of prices and adequate

earnings for primary commodities and raw materials are essential
for Environmental management.

Contribution of Stockholm declaration.

1. The declaration on the human Environment.
2. The action plan for the human Environment.
3. The resolution on institutional financial arrangements.
4. Resolution on designation of a world environment day.
5. Resolution on Nuclear weapons tests.
6. Resolution on the convening of a second conference.
7. Decision to refer to governments recommendation for action at the
National level.

5) What is the significance of rio summit and its principles?

RIO DECLARATION

The United Nations Conference on Environment and Development, Having met at Rio de
Janeiro from 3 to 14 June 1992, Reaffirming the Declaration of the United Nations
Conference on the Human Environment, adopted at Stockholm on 16 June 1972, a/ and
seeking to build upon it, With the goal of establishing a new and equitable global partnership
through the creation of new levels of cooperation among States, key sectors of societies and
people, Working towards international agreements which respect the interests of all and
protect the integrity of the global environmental and developmental system. The Rio
Declaration on Environment and Development is a set of principles that recognize the
importance of preserving the environment and set forth international guidelines for doing so.
They were compiled at the United Nations Conference for Environment and Development in
Rio de Janeiro in 1992 and are found in the report of this conference.

The Rio Declaration serves as some of the standards by which UN Member countries create
domestic and international environmental policies and by which they form agreements or
organizations with one another, as it pertains to the environment and conservation. All the
Principles under Rio- Declaration has the nexus under the Principles defines the sustainable
Development; namely the Polluter Pays Principle, Precautionary Principle, Inter- generational
Equity, Public trust doctrine, by reading the provisions which are clearly defined under the
declaration, a fair idea can be obtained.

Principle 1

Human beings are at the centre of concerns for sustainable development. They are entitled to
a healthy and productive life in harmony with nature.

Principle 2

States have, in accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental and developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of other States or
of areas beyond the limits of national jurisdiction.

Principle 3
The right to development must be fulfilled so as to equitably meet developmental and
environmental needs of present and future generations.

Principle 4

In order to achieve sustainable development, environmental protection shall constitute an

integral part of the development process and cannot be considered in isolation from it.

Principle 5

All States and all people shall cooperate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development, in order to decrease the disparities in
standards of living and better meet the needs of the majority of the people of the world.

Principle 6

The special situation and needs of developing countries, particularly the least developed and
those most environmentally vulnerable, shall be given special priority. International actions
in the field of environment and development should also address the interests and needs of all
countries.

Principle 7

States shall cooperate in a spirit of global partnership to conserve, protect and restore the
health and integrity of the Earth's ecosystem. In view of the different contributions to global
environmental degradation, States have common but differentiated responsibilities. The
developed countries acknowledge the responsibility that they bear in the international pursuit
of sustainable development in view of the pressures their societies place on the global
environment and of the technologies and financial resources they command.

Principle 8

To achieve sustainable development and a higher quality of life for all people, States should
reduce and eliminate unsustainable patterns of production and consumption and promote
appropriate demographic policies.

Principle 9

States should cooperate to strengthen endogenous capacity-building for sustainable

development by improving scientific understanding through exchanges of scientific and
technological knowledge, and by enhancing the development, adaptation, diffusion and
transfer of technologies, including new and innovative technologies.

Principle 10

Environmental issues are best handled with the participation of all concerned citizens, at the
relevant level. At the national level, each individual shall have appropriate access to
information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the opportunity
to participate in decision-making processes. States shall facilitate and encourage public
awareness and participation by making information widely available. Effective access to
judicial and administrative proceedings, including redress and remedy, shall be provided.

6) what is sustainable development ? Explain with cases

The concept of sustainable development is the result of an integrated approach of political

and decisional factors, in which environmental protection and long-term economic growth are
considered to be complementary and interdependent.

The central principles behind sustainable development are:

 Equity and fairness among countries and generations,

 The long-term vision on the development process,

• Systemic thinking and interconnection between economy, society and the

environment.

Definition
Sustainable development is development that meets the needs of
the present without compromising the ability of the future generations
to meet their own needs.

One generation should not totally exploit the natural resources,

which must be continuously kept for the benefit of future generations.
So the aim of sustainable development is the integration of
developmental activities and environmental protection.
In other words, development must persons both economical
sustainability and ecological sustainability. The development plans
must be such that it takes in to account the environmental factors also.

Principles of sustainable development

1. Inter generational equity
2. Use and conservation of natural resouces.
3. Environment protection.
4. The precautionary principle
5. The polluter pay principle6. Principle of liability to help & cooperate.
7. Poverty eradication.
8. Principle of public trust.
 UNIT IV

1) Define air pollution and explain how the Indian judiciary dealt with the
sound pollution problem?

Definition
The term "air pollutant" means any solid, liquid or gaseous substance [(including noise)]
present in the atmosphere in such concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or environment and "air pollution"
means the presence in the atmosphere of any air pollutant.

Thus, air pollutants include smoke, soot, heat, fly ash, suspended particulate matter (SPM),
noise, radioactive substances, vibrations1, etc. A small quantity of pollutants usually does not
affect human health adversely. Such quantity or volume may be described as
permissible/tolerable limit as nature also has its self-purification mechanism. But if the
volume or the quantity of the pollutants is such which is deleterious/ injurious to the health of
human beings, flora, fauna, etc., it becomes environmental pollution.

In M.C. Mehta v Union of India (Taj Trapezium case), the court observed that emission of
sulphur dioxide from coke/coal using industries was causing acid rain (sulphur dioxide when
combined with moisture forms sulphuric acid called acid rain) which had a corroding effect
on the gleaming white marble of the Taj Mahal. Therefore, 292 industries were ordered either
to close down or to switch to using gas. Courts on various occasions have observed: pollution
being wrongful contamination of the environment which causes material injury to the right of
an individual, noise can well be regarded as a pollutant, because it contaminates the
environment, causes nuisance and affects the health of a person.

Judicial Decisions

In Ved Kaur Chandel v State of H.P., the H.P. State Pollution Control Board issued only a
“conditional consent” to establish the tyre retreading factory before the final order was to be
issued. The respondent also gave an affidavit that the industry shall undertake to follow the
cold-retreading process with electricity. Therefore, there was no apprehension of air and
water pollution.

In M.C. Mehta v. Union of India, the Supreme Court ordered for the closure of a hot-mix
plant operating in the vicinity of the international airport in Delhi. The plant was needed to
resurface the runway which was a work of national importance. The court ordered to set up
the plant in safe vicinity of the airport if it had adopted the latest technology in the field and
conditional permission was granted.

In Chhatisgarh Hydrade Line Industries v. Special Area Development Authority, the

Pollution Control Board (PCB) refused to grant permission for starting a hydrated lime
factory as it was close to a to a government college and a 100-bed hospital. The Supreme
Court also directed in M.C. Mehta v. Union of India, (Badkhal Lake & Surajkund case) to
stop mining activities within a 2-kms radius of the tourist resorts of Badkhal and Surajkund
and develops a green belt of 200 metres as the mining operations were causing air and noise
pollution in these areas.

In Chaitanya Pulvarising Industry v. Karnataka State Pollution Control Board, the court
held that if consent has been granted by the Board with specific conditions and they are not
abided by, the consent can be taken back by the Board. In this case, the industry failed to
carry out the conditions specified in the consent order. Therefore, the court decided that
action could be taken against the erring industry under Section 37 of the Act and it could be
punished accordingly. But before passing any prohibitory order, the Board must also take into
consideration the problems which may arise from the closure of an industry as the denial of
livelihood to the workers, or grave injury to the owner of the industry. The Board, before
issuing the order for closure and order for withdrawal of consent, should follow the procedure
prescribed for the same.
2) Discuss the role of Indian judiciary in protection of environment with decided cases?

India has played and is playing a major role in sustainable

development and Environmental protection. There is a regular
development of law relating to the protection of Environment. India
has been enacting various laws at regular interval. The judiciary of
India by its enlighten Judgments has helped Environmental protection
and upgradation. The Judgments have created a new field of study
called ‘Environmental Jurisprudence’
.
The following rules have been laid through various judgment
of Judiciary in India.

1. Judiciary and forest

The protection and conservation of forests are essential for
Environmental protection and hence supreme court has issued
directions to stop illegal cutting of trees.

T.N. Godavarman V.S. Union of India

(Godavarman Case)
In the guise of removing infected trees, trees without diseases were
also cut from the forest. In the process dense forest over 17000 sq kms
were removed. Further there was illicit mining in the forest. The
supreme court made a thorough study and laid down the following
rules for delivery the Judgment.➢ Running a saw mills or plywood mills
within the forest must be
stopped.
➢ New licenses must not be issued for next 5 years.
➢ The forest department must prepare an active plan for forest
protection.
➢ Illegal falling of trees must be punished.
➢ Mining operations in reserve forests must not be permitted.

2. Judiciary and industrial development

Industrial growth is essential for better living standards of
human being. The industrialists extract material from natural
resources and convert them or products for human beings and as a
by product polluting the human Environment.

V. Lakshmypathy V.S. State of Karnataka

The Karnataka High Court directed the municipal corporation to
stop the industries being set up in residential areas.
When an industry is run, there should be a proper system of
removal of industrial waste/effluent. The tanneries operating in India
are not able to remove the discharged effluents and it is a major
source of pollution.
Any industry without "Primary treatment plant is not permitted to
work and order to be closed by the supreme court.

3. Judiciary and urbanization

Because of accelerated growth of cities there is more of
urbanization. Since advance development plan is not followed, thereis
mushroom growth of buildings and sculpture, which have got an
adverse effect on the urban Environment.

People united for better living in Culcutta V.S. state of west

Bengal AIR.
The court held that it is the duty of court to balance between
development programme and Environment. Wet lands are important
in maintenance of Environmental equilibrium and necessary to
presence the Environmental.

4. Judiciary and vehicular pollution.

The vehicular traffic is increasing day by day especially in towns
and cities and it is the major source of air pollution. It is estimated
that 50% of air pollution is due to automobile traffic. Though emission
checking and prosecution of the offenders are being done, it is not fully
successful.
Judiciary and air pollution

Judiciary and air pollution

B. Venkatappa Vs. 13 Lovis.

A chimney was constructed with holes and the smoke and fumes
were emanating from the chimney and it was causing health hazards
to the occupier of the neighboring property.
The Andrapradesh High court held that even in the absence of
proof of injury or discomfort to the plaintiff of the smoke could pass
through the holes and be injurious to the health of all neibours,
andhence issued mandatory injunction that the release of smoke must
forth with be stopped or direction changed upwards at high attitude.
Water pollution

Mukesh textiles mills (p) Ltd. Vs. H.R. Subramanya Sastry in the
defendants sugar factory, molasses were stored in tanks due to the
burrowing activity of rodents the molasses leaked to water channel
and damages the plaintiff paddy.
The High court held that the defendant was liable to pay
compensation on the principle of absolute liability i.e. even if there was
no proof of negligence on the part of the defendant.

Judiciary and Environmental pollution

Ajeet Mehta V.S. State of Rajastan the defendants Loading and

unloading and stocking of fodder became a serious health hazard to
the residence of the locality as the dust particles of the fodder polluted
the atmosphere and caused health problems.
The Rajasthan High Court held that the public health must not be
allowed to suffer and hence passed an order to remove the said business
from the locality.
3) Explain the salient features of air pollution act 1981?

The Air (Prevention and Control of Pollution) Act, 1981 is a significant legislation in India
aimed at preventing and controlling air pollution. Here are some of its salient features:

1. Objective: The primary objective of the Act is to provide for the prevention, control,
and abatement of air pollution in India.
2. Central and State Pollution Control Boards: The Act establishes the Central
Pollution Control Board (CPCB) at the national level and State Pollution Control
Boards (SPCBs) at the state level. These boards are responsible for implementing
various provisions of the Act, including issuing guidelines, conducting research, and
overseeing enforcement.
3. Pollution Control Areas: The Act provides for the declaration of air pollution control
areas where air quality standards are exceeded or where there is a likelihood of
exceeding them. Special measures can be taken in these areas to control pollution.
4. Regulation of Industries: Industries and processes that are likely to pollute the air
are required to obtain consent from the State Pollution Control Boards before
establishing or operating. They must comply with emission standards and other
regulations set by the boards.
5. Monitoring and Inspection: The Act empowers the pollution control boards to
conduct inspections of industrial plants, manufacturing processes, control equipment,
and other sources of air pollution. They can also collect air samples for analysis.
6. Emission Standards: The Act empowers the Central Government to prescribe
standards for emissions from automobiles, industrial plants, and other sources of air
pollution. These standards are periodically updated based on technological
advancements and environmental considerations.
7. Public Awareness and Education: The Act emphasizes the importance of public
participation in preventing and controlling air pollution. It encourages public
awareness programs, education campaigns, and the involvement of local communities
in environmental protection efforts.
8. Penalties and Offences: The Act outlines penalties for contravening its provisions,
including fines and imprisonment for offenders. It also specifies procedures for
handling complaints and appeals related to air pollution.
9. Environmental Courts: The Act provides for the establishment of environmental
courts or tribunals to adjudicate disputes and offences arising under the Act, ensuring
timely and effective resolution of environmental issues.
 10. Amendments and Updates: Over the years, the Act has been amended to strengthen
its provisions and align with emerging environmental challenges and international
commitments.

Overall, the Air (Prevention and Control of Pollution) Act, 1981, forms a crucial framework
for addressing air quality issues in India, promoting sustainable development, and
safeguarding public health and the environment from the adverse impacts of air pollution.

4) Write a note on water pollution and powers and functions of state board
under water atc 1974?

Water pollution is said to have occurred when the pollution load exceeds the natural
regenerative capacity of a water resource. It is a very serious problem in India where 70
percent of the sources of surface water, such as rivers and lakes, are polluted and there is an
alarming increase in groundwater pollution as well. In light of the fact that surface water and
groundwater are the major sources of water supply for different uses, their pollution creates a
situation where water may be available in sufficient quantity but there is water scarcity due to
quality concerns.

The sources of water pollution can be divided into point sources and non-point (or diffuse)
sources – the former include disposal of untreated or partly treated industrial effluents and
domestic sewage while the latter include agricultural run-off. Water pollution can also result
from encroachments, sand mining, religious activities, dumping of waste, etc.

SALIENT FEATURES OF WATER ACT, 1974

The subject water fall under state list but Central Government in exercise of the power vested
in it by resolutions passed by two or more State Legislatures in accordance with Article 252
of the Constitution enacted Water (Prevention and Control of Pollution) Act, 1974.

The main objectives of the Water Act are:

1. (i) To prevent and control water pollution.

2. (ii) To maintain or restore wholesomeness of water.
3. (iii) To establish pollution control board.
4. (iv) To confer power & functions to Board for prevention and control of pollution.
5. (v) Establishment of Boards for the prevention and control of water pollution
6. (vi) Conferring powers on such Boards and assigning functions to such Boards
S. 4 Constitution of State Board

(1) The State Government shall, with effect from such date as it may, by notification in the
Official Gazette, appoint, constitute a State Pollution Control Board, under such name as may
be specified in the notification, to exercise the powers conferred on and perform the functions
assigned to that Board under this Act.

(2) A State Board shall consist of the following members, namely:—

(a) A chairman, being a person having special knowledge or practical experience in respect
of matters relating to environmental protection] or a person having knowledge and experience
in administering institutions dealing with the matters aforesaid, to be nominated by the State
Government: Provided that the chairman may be either whole-time or part-time as the State
Government may think fit;

(b) Such number of officials, not exceeding five, to be nominated by the State Government to
represent that Government;

(c) such number of persons, not exceeding five, to be nominated by the State Government
from amongst the members of the local authorities functioning within the State;

(d) such number of non-officials, not exceeding three, to be nominated by the State
Government to represent the interests of agriculture, fishery or industry or trade or any other
interest which, in the opinion of the State Government, ought to be represented;

(e) two persons to represent the companies or corporations owned, controlled or managed by
the State Government, to be nominated by that Government;

(f) a full-time member-secretary, possessing qualifications, knowledge and experience of

scientific, engineering or management aspects of pollution control, to be appointed by the
State Government.

S. 17 Functions of State Board

(1) Subject to the provisions of this Act, the functions of a State Board shall be—
(a) to plan a comprehensive programme for the prevention, control or abatement of pollution

of streams and wells in the State and to secure the execution thereof;

(b) to advise the State Government on any matter concerning the prevention, control or
abatement of water pollution;

(c) to collect and disseminate information relating to water pollution and the prevention,
control or abatement thereof;
(d) to encourage, conduct and participate investigations and research relating to problems of
water pollution and prevention, control or abatement of water pollution;

(e) to collaborate with the Central Board in organising the training of persons engaged or to
be engaged in programmes relating, to prevention, control or abatement of water pollution
and to organise mass education programmes relating thereto;

(f) to inspect sewage or trade effluents, works and plants for the treatment of sewage and
trade effluents and to review plans, specifications or other data relating to plants set up for the
treatment of water, works for the purification thereof and the system for the disposal of
sewage or trade effluents or in connection with the grant of any consent as required by this
Act;

(g) to lay down, modify or annul effluent standards for the sewage and trade effluents and for
the quality of receiving waters (not being water in an inter-State stream) resulting from the
discharge of effluents and to classify waters of the State;

(h) to evolve economical and reliable methods of treatment of sewage and trade effluents,
having regard to the peculiar conditions of soils, climate and water resources of different
regions and more especially the prevailing flow characteristics of water in streams and wells
which render it impossible to attain even the minimum degree of dilution;

(i) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture;

(j) to evolve efficient methods of disposal of sewage and trade effluents on land, as are
necessary on account of the predominant conditions of scant stream flows that do not provide
for major part of the year the minimum degree of dilution;

(k) to lay down standards of treatment of sewage and trade effluents to be discharged into any
particular stream taking into account the minimum fair weather dilution available in that
stream and the tolerance limits of pollution permissible in the water of the stream, after the
discharge of such effluents;

For powers, read bare act sec 18 – 28 of the water act

5) Explain the salient features of wildlife protection act 1972?

1. Introduction

India is a country with rich wildlife diversity. Wildlife in India is threatened, most
significantly, by human actions or environmental degradation induced by human
actions. Many species are on the verge of extinction. Given the close interrelationship
between all living beings (and non-living beings), the extinction of one species will
affect the whole ecological balance and consequently the survival of other species
also.

Preamble of the Wildlife (Protection) Act

An Act to provide for the protection of wild animals, birds and plants and for matters
connected therewith or ancillary or incidental thereto with a view to ensuring the ecological
and environmental security of the country.

A number of regulatory and conservation measures have been provided under the Act. Key
measures in this regard are:

 Prohibition of hunting of all wild animals

 Protection of specified plants
 Protection and management of wildlife habitats by declaring Sanctuaries and National
Parks
 Regulation and control of trade in wildlife and parts and products derived from
wildlife

Here are its salient features:

1. Protection of Species: The Act provides for the protection of listed endangered
species by banning their hunting, poaching, or capturing. It categorizes animals into
schedules, with varying degrees of protection. For example, Schedule I and II include
highly endangered species like tigers and elephants, affording them the highest level
of protection.
2. Prohibition on Trade: It prohibits trade in wildlife and wildlife products derived
from animals listed in Schedule I to IV without proper licenses and permits. This
prevents illegal trade and exploitation of endangered species for commercial
purposes.
3. Controlled Activities: The Act regulates activities such as hunting, transportation,
and possession of wildlife. It requires individuals or institutions engaging in such
activities to obtain permits and licenses from the authorities.
4. Protected Areas: It provides for the declaration of wildlife sanctuaries, national
parks, and other protected areas where wildlife can flourish undisturbed. These areas
are crucial for the conservation of biodiversity and endangered species.
5. Penalties and Punishments: The Act imposes strict penalties for offenses related to
hunting, poaching, or trading of protected species and their derivatives. Offenders can
face fines, imprisonment, or both, depending on the nature and severity of the offense.
6. Authorities and Enforcement: The Act establishes authorities at the national and
state levels responsible for wildlife conservation and enforcement of the provisions.
These authorities work to implement conservation strategies, monitor wildlife
populations, and take action against violations.
7. Amendments and Updates: Over the years, the Act has been amended to strengthen
its provisions and expand its scope. These amendments reflect evolving conservation
needs and challenges faced by wildlife in India.
8. Conservation Initiatives: The Act encourages and supports conservation initiatives,
research, and habitat restoration efforts aimed at protecting wildlife and their
ecosystems.
6) what measures have been taken to protect wildlife under wildlife
protection act 1972?

Under the Wildlife Protection Act, 1972, several measures have been implemented to protect
wildlife in India. These measures include:

1. Legal Framework: The Act provides a comprehensive legal framework for the
protection, conservation, and management of wildlife and their habitats across India.
2. Species Protection: It categorizes wildlife into different schedules (Schedule I to VI)
based on their conservation status and provides varying degrees of protection.
Schedule I and II species are accorded the highest protection, making hunting,
poaching, or trade in these species illegal without proper permits.
3. Protected Areas: The Act facilitates the establishment of national parks, wildlife
sanctuaries, conservation reserves, and community reserves. These protected areas
provide safe habitats for wildlife, where human activities are regulated to minimize
disturbance.
4. Regulation of Trade: It regulates and controls the trade in wildlife and wildlife
products through licensing and permits. Trade in species listed under Schedule I to IV
is strictly regulated to prevent illegal trade and exploitation.
5. Habitat Conservation: The Act emphasizes the protection and conservation of
wildlife habitats. It recognizes that habitat loss and degradation are major threats to
wildlife and encourages measures to preserve and restore habitats.
6. Community Participation: The Act promotes the involvement of local communities
in wildlife conservation efforts through initiatives like conservation reserves and
community reserves. This helps in fostering coexistence between communities and
wildlife.
7. Penalties and Enforcement: It imposes stringent penalties, including fines and
imprisonment, for offenses related to hunting, poaching, trading, or disturbing
wildlife. This acts as a deterrent against illegal activities threatening wildlife.
8. Research and Monitoring: The Act supports research and monitoring initiatives
aimed at studying wildlife populations, habitats, and threats. This scientific data
informs conservation strategies and management decisions.
9. Amendments and Updates: Over time, the Act has been amended to strengthen its
provisions and address emerging conservation challenges. These amendments reflect
evolving scientific knowledge and conservation priorities.
 10. International Cooperation: The Act facilitates cooperation with international
organizations and agreements for the conservation of migratory species and
transboundary wildlife populations.

7) what is sanctuary? Explain the legal provisions for declaration of

sanctuaries under the wild life protection act?

Protected Areas (Sec. 18- 34)

“Protected area” means a National Park, a sanctuary, a conservation reserve or a community

reserve. the State Government may declare any area of adequate ‘ecological, faunal, floral,
geo morphological, natural or zoological significance’ as a Sanctuary (section 18) or a
National Park (section 35).

The State Government is required to follow certain procedure to declare any area as a
Sanctuary or a National Park. WLPA requires the government to determine existing rights of
any person in or over the land comprised within the limits of such proposed protected area
before it is finally declared as Protected Area. In cases where the rights of any person are
confirmed by the concerned district collector, the State Government has three options:

(a) declare the Protected Area after excluding such land; (b) acquire such land by paying
compensation; or
(c) allow continuance of rights within the Sanctuary.

In the context of wildlife conservation, a sanctuary is a protected area where activities

harmful to wildlife are restricted, and where the habitat is conserved for the survival and
breeding of species. In India, sanctuaries are designated under the provisions of the Wildlife
Protection Act, 1972. Here’s an explanation of the legal provisions for the declaration of
sanctuaries under this Act:

1. Declaration by State Government: The process of declaring a sanctuary begins with

a proposal by the State Government. The State Government identifies areas of
ecological, faunal, floral, geomorphological, or natural significance where wildlife
conservation is deemed necessary.
2. Consultation and Notification: Once a proposal is formulated, it undergoes
consultation with local communities, stakeholders, and experts in wildlife
conservation. After due consideration, the State Government notifies the intention to
declare the area as a sanctuary through an official notification in the Gazette.
3. Prohibition of Certain Activities: Upon notification, the sanctuary area is legally
protected under the Act. Activities that are prohibited or regulated within sanctuaries
 include hunting, poaching, grazing of livestock, commercial harvesting of plants or
timber, and any other activities that may disturb wildlife or their habitats.
4. Rights of Indigenous People and Local Communities: The Act recognizes the
rights of indigenous people and local communities residing within or dependent on
sanctuary areas. Their traditional rights to forest produce and other resources are
regulated to ensure sustainable use without compromising wildlife conservation
objectives.
5. Management and Administration: Each sanctuary is managed by a designated
authority, typically a Wildlife Warden appointed by the State Government. The
authority is responsible for enforcing wildlife protection laws, managing visitor
access, maintaining habitat integrity, and implementing conservation programs.
6. Role of Central Government: While the declaration and management of sanctuaries
primarily fall under the jurisdiction of State Governments, the Central Government
provides guidelines, support, and funding for sanctuary management and conservation
initiatives.
7. Review and Amendment: The Act allows for the review and amendment of
sanctuary boundaries, management plans, and conservation strategies based on
scientific assessments and changing conservation needs over time.

Sanctuaries play a crucial role in conserving biodiversity by providing safe habitats for
wildlife, ensuring the ecological balance, and promoting scientific research and
environmental education. The legal provisions under the Wildlife Protection Act, 1972 aim to
balance conservation goals with sustainable development and the rights of local communities,
thereby safeguarding India’s rich natural heritage for future generations.
8) Discuss the judicial response for conservation of forest resources?

Introduction
Forests are a major natural resource and are also recognised as a colourful expression
of nature. They are also recognised as guardians and protectors of the wildlife of the
country. Forests are valued not only for various kinds of flora and fauna but also for
minerals, watersheds, cradles of rivers, check on desertification, as an important
recreational resource and for their scenic beauty. Therefore, management of forests is
an essential aspect of the protection of the environment. It also becomes more
important as the trees are known as pools or banks of carbon dioxide. Cutting of trees
releases carbon dioxide into the atmosphere which has largely contributed to the
greenhouse effect or global warming. This global warming, in turn, has resulted in the
melting of ice-caps and rise in the sea level; a change in a climate patterns has also
been experienced all over the world.

Case Laws

N Godavarman Vs. Union of India

This case was influential in forest conservation in India popularly
known as the forest case, and is the important Judicial intervention
concerning the administration of the forests. This case initially dealt
with addressing the issue of cutting the timber from the woods but later
other cases with similar nature were added to this case. The court
attempted to address and explain terms like forest and forest land. The
court relied on the information given by various commissions
committees and experts. Forest (Conservation) Act. 1950 was
reinterpreted and widened the scope at the term "forest which before
the Judgment only consisted of government declared forest irrespective
of whether thus had true cover or not and similarly many with good tree
covers were not considered as forest.

The center for environment law WWF Vs. Union of India & others.
The supreme court, though this Judgment took the power of the
central government and state government concerning deservation.
BothGodavarman case & this case have made major changes in forest
management the following are the important conditions laid down in
this case.
➢ No national park, sanctuary or forest can be de reserved without
permission from the supreme court.
➢ Non forest activities are permitted only if they are approved by the
forests Act 1980.
➢ New authorities such as compensatory afforestation management,
planning agency & central committee were set up.

In another case, Sushila Saw Mills v. State of Orissa, AIR 1995 SC 2484, where the
constitutional validity of the Orissa Saw Mills and Saw Pits (Control) Act, 1991 which bans
saw mills within a distance of 10 kms from reserved forests was challenged, the Court held
that protection of forests is in public interest and therefore it is not violative of Article 14 of
the Constitution and it is not arbitrary.

Role of judiciary: A critique

The role played by the judiciary has been criticized on many grounds.

First, it has been argued that the judiciary got involved in the micromanagement of the forests
in India. The activism of the judiciary has gone to the level of assuming regulatory and
legislative functions such as defining the value of forests across the country, banning the
transport of timber, determining the location of sawmills outside forest lands, or giving
permission for pruning of shade trees in coffee plantations.

Second, the critique highlights that the judiciary has created quasi-executive structures like
the CEC that function in a manner that is at complete odds with the separation of powers,
since the CEC is nominated by and reports only to the Court. This may amount to bypassing
of the powers of the executive and the establishment of a monopoly over the forest law
regime. This can create problems because the MoEF has the power, under FCA, to constitute
the FAC.

Third, the manner in which the Supreme Court has addressed the issue of forest
encroachments led to a violation of the rights of tribals and forest dwellers. When the
Supreme Court addressed the question of forest encroachments, the Court-appointed amicus
curiae highlighted that states were allowing encroachments despite the Court’s directives.
Taking cognizance of this situation,

the MoEF unilaterally issued a directive on 3 May 2002 to all states requiring that they
summarily evict all illegal encroachers on forest land, and to complete the process by 30
September 2002. This directive was both impractical, given the magnitude and complexity of
the encroachment issue, and also completely contradictory to the MoEF’s earlier detailed
guidelines (issued in 1990) on how such matters should be dealt with. The MoEF circular led
to a series of evictions violating the rights of tribals and forest dependent communities.
9) SN forest conservation act 1980

salient features of forest conservation act 1980.

1. Forest were transferred from the state list to the concurrent list
under the constitution. These due to this shift, the central
government was empowered to directly act in order to conserve
forests. This act ensures the conservation of forest ground.

2. This act empowers state governments to use forest area only for
forestry purpose.

3. Forest is treated as a national asset therefore the state

governments have to seek the central government approval if it
plans to use the forest area for,
• Reforestation
• Non forestry purposes such mining.

4. There are prevision under this act which was drafted with the
intent to reduce the rate of deforestation. It causes an imbalance
in nature and ecology. This in turn, leads to the degration of
environmental quality.

5. The act seeks to check the de- reservation of forests. Another

important feature of this act is that the central government’s
priorapproval is an absolute necessity when it comes to deservation of
reserved forest areas.

6. The act ensures that in order to stop forest of dwellers from cutting
trees they must have full access to fuel fodder, building material
wood etc at a subsidized rate.

7. Compensatory afforestation is also one of the salient feature of

this act as it promotes this practice through out the statute.
8. This act seeks to modify working plans in to environmentally
sound and scientifically reserved action plans, so all kinds of risks
and costs are minimized.

9. This act contains provisions that were drafted with the intent to
protect standing forests.

10. The act seeks to spread awareness amongst organization and the
public at large about forest conservation and protection the
government is required to create an information base.

10) SN protected areas

Protected Areas (Sec. 18- 34)

“Protected area” means a National Park, a sanctuary, a conservation reserve or a community

reserve. the State Government may declare any area of adequate ‘ecological, faunal, floral,
geo morphological, natural or zoological significance’ as a Sanctuary (section 18) or a
National Park (section 35).

The State Government is required to follow certain procedure to declare any area as a
Sanctuary or a National Park. WLPA requires the government to determine existing rights of
any person in or over the land comprised within the limits of such proposed protected area
before it is finally declared as Protected Area. In cases where the rights of any person are
confirmed by the concerned district collector, the State Government has three options:

(a) declare the Protected Area after excluding such land; (b) acquire such land by paying
compensation; or
(c) allow continuance of rights within the Sanctuary.

Protected Areas are by law more restrictive, allowing virtually no human activity except that
which is in the interest of wildlife conservation. For example, generally, entry to a Sanctuary
is prohibited. Entry is permitted for a limited number of people for limited purposes such as a
public servant on duty, a person who has any right over immovable property within the limits
of the Sanctuary and a person passing through the Sanctuary along a public highway. Further,
the Chief Wildlife Warden has the power to grant a permit to any person to enter or reside in
a Sanctuary for purposes prescribed under WLPA, which include investigation or study of
wildlife, photography, scientific research and tourism.

Grazing and private tenurial rights are not allowed in National Parks but can be allowed in
Sanctuaries at the discretion of the Chief Wildlife Warden. WLPA does not allow any
commercial exploitation of forest produce in both National Parks and Sanctuaries, and local
communities can collect forest produce only for their bona fide needs. The establishment of
Protected Areas is considered a major step forward in the conservation of India’s wildlife.
However, the idea of Protected Areas as envisaged and implemented under WLPA has some
limitations. A report of the Ministry of Environment and Forests cites the following lacunae
in the present scheme:

 Protected Areas are not drawn as per ecological boundaries;

  Protected Areas are often too small in size to adequately sustain rich genetic resources
and ecological processes;
 commercial interests and imperatives of development continue to impact many
Protected Areas, leading to further habitat fragmentation and disjunction;
 unreasonable delay in settlement of rights and final notification of Protected Areas;
 legal framework does not recognize corridors even though they are vital to the well-
being of species;
 very limited focus on special habitats such as mountains, wetlands, marine areas and
deserts;
 inadequate funding

UNIT V

1) SN Ecomark scheme

Ecomark is issued for first time in 1991 by the Ministry of Environment and Forests.
Ecomark is a certification mark issued by the Bureau of Indian Standards (BIS) for products
which are ecologically safe and adheres to the standards prescribed by the BIS. Eco mark
provides certification and labeling for house-hold and other consumer products which meet
certain environmental criteria along with quality requirements prescribed in relevant Indian
Standards for the product

Objectives of Eco mark scheme

 To offer an incentive to producers and importers to reduce the adverse impact of their
products on the environment.
 To reward good initiatives companies take in order to reduce the adverse
environmental impact of their products.
 To encourage consumers to be more environmentally aware in their day-to-day lives
and urge them to take into account environmental factors also before making a
purchase decision.
 To promote environmentally-safe products among citizens.
 To improve environmental quality and promote sustainable management of resources.

Eco mark Logo

• An earthen pot is Eco mark logo. It uses a renewable resource like earth and does not
produce hazardous waste and consumes little energy in making. It represents both strength
and fragility, indicative of the ecosystem.

Eco mark criteria

• The products that come up for certification will be assessed for the following main
environmental impacts:
  They have substantially less potential for pollution when compared to similar
products in terms of usage, production and disposal.
 They are recycled, recyclable or made from recycled or biodegradable materials.
 They make a significant contribution towards preserving non-renewable resources.
 They must contribute to the decrease in the adverse primary criteria that has the
highest environmental impact associated with the product’s use.

1. Conclusion

If the eco mark label scheme is properly implemented it would be great step in
environmental protection. It encourages manufactures and consumers to manufacture
and consume eco friendly products.

2) Explain the significance of environmental protection act 1986?

The Environment Protection Act was enforced in the year 1986 with the aim to protect and
improve the environment and matters associated with it. The Environmental Laws
(Amendment) Bill is a draft of the proposed amendment in Environment protection Act 1986
and the National Green Tribunal Act of 2010

Objectives of this Environment Protection Act

 To protect and improve the environment and environmental conditions.

 To implement the decisions made at the UN Conference on Human Environment that
was held in Stockholm in the year 1972.
 To take strict actions against all those who harm the environment.
 To enforce laws on environment protection in the areas that is not included by the
existing laws.
 To give all the powers to the Central Government to take strict measures in favour of

environmental protection.

In the wake of the Bhopal tragedy, the government of India enacted the Environment
Act of 1986. The purpose of the Act is to implement the decisions of the United
Nations Conference on the Human Environment of 1972. The decisions relate to the
protection and improvement of the human environment and the prevention of hazards
to human beings, other living creatures, plants and property.

The Act is an “umbrella” for legislations designed to provide a framework for Central
Government, coordination of the activities of various central and state authorities
established under previous Acts, such as the Water Act and the Air Act.

In this Act, main emphasis is given to “Environment”, defined to include water, air
and land and the inter-relationships which exist among water, air and land and human
beings and other living creatures, plants, micro-organisms and property.

Main Provision of the Act

 The Act empowers the centre to “take all such measures as it deems necessary”.
 By virtue of this Act, Central Government has armed itself with considerable powers
which include coordination of action by state, planning and execution of nationwide
programmes, laying down environmental quality standards, especially those
governing emission or discharge of environmental pollutants, placing restriction on
the location of industries and so on. Authority has power to issue direct orders,
included orders to close, prohibit or regulate any industry. power of entry for
examination, testing of equipment and other purposes and power to analyse the
sample of air, water, soil or any other substance from any place.

The Act explicitly prohibits discharges of environmental pollutants in excess of

prescribed regulatory standards. There is also a specific prohibition against handling
hazardous

substances except those in compliance with regulatory procedures and standards.

 The Act provides provision for penalties. For each failure or contravention, the
punishment included a prison term up to five years or fine up to Rs. 1 lakh, or both.
 The Act imposed an additional fine of up to Rs. 5,000 for every day of continuing
violation
 If a failure or contravention occurs for more than one year, offender may be punished
with imprisonment which may be extended to seven years.
 Section 19 provides that any person, in addition to authorized government officials,
may file a complaint with a court alleging an offence under the Act.
3) SN Environment Impact Assessment

Environment impact assessment (EIA) is an exercise of evaluating

and predicting future positive and negative changes caused to the of
quality of the environment by the proposed projects, plans or
policies.
EIA helps administration agencies to choose correctly from among
the various options for making decisions which will not affect
Environment.
Thus, Environmental impact assessment is a tool for identifying
potential damage and also for probing methods of preventing such
damage to the Environmental EIA process is based on the principle
prevention is better than cure.

Environmental impact assessment in India

In India the Environment impact assessment has been in existence
during the seventh five-year plan.

For eg. In the Tehri Dam project, the public opinion and media
compelled the government to once again make proper Environment
impact assessment (EIA) of the proposed dam and to consider all its
safety aspects.

Process: The EIA process involves several stages:

1. Screening: Determines if a project requires a detailed EIA based on its potential

environmental impact.
2. Scoping: Defines the boundaries and issues that need to be studied during the
assessment.
3. Assessment: Detailed study of the project's impact on the environment, including air,
water, soil, biodiversity, and socio-economic aspects.
 4. Public Consultation: Involves gathering feedback from affected communities and
stakeholders.
5. Decision-making: Based on the assessment findings, a decision is made to grant or
deny environmental clearance.

Criticism: The EIA process in India has faced criticism for various reasons:

 Lack of transparency and public participation.

 Inadequate assessment of cumulative impacts of multiple projects in a region.
 Concerns over the effectiveness of mitigation measures proposed.

Recent Developments: In recent years, there have been updates and proposed amendments
to the EIA notification to address some of these concerns, aiming to strengthen environmental
protection measures and enhance public participation.

4) Explain how coastal regulation zone 1989 regulates developmental activities ?

Under the Environment (Protection) Act, the MoEF issued the Coastal Regulation Zone
Notification 1991 (CRZ 1991 or 1991 Notification) for the protection of the coastal areas.
The regulatory approach of the CRZ 1991 was rather simplistic: it was aimed primarily at
permitting only those activities that are absolutely dependent on being located in the coastal
environment and to keep out the rest. Accordingly, various activities were restricted, while
others were permitted but subjected to specific obligations and conditions.

BASIC UNDERSTANDING OF CRZ

 The coastal zone is a transition area between marine and territorial zones. It
includes shore ecosystems, wetland ecosystems, mangrove ecosystems, mudflat
ecosystems, sea grass ecosystems, salt marsh ecosystems, and seaweed ecosystems.
 CRZ Rules thus, govern human and industrial activity close to the coastline, in
order to protect the fragile ecosystems near the sea.

 They seek to restrict certain kinds of activities, like large constructions, setting up
of new industries, storage or disposal of hazardous material, mining, or reclamation
and bunding, within a certain distance from the coastline.
 The basic idea is: As areas immediately next to the sea are extremely delicate, home
to many marines and aquatic life forms, and are also threatened by climate change,
they need to be protected against unregulated development.
 In all CRZ Rules, the regulation zone has been defined as the area up to 500 m from
the high-tide line.

Here’s how it regulates such activities:

1. Classification of Coastal Areas: The CRZ categorizes coastal areas into different
zones based on their ecological sensitivity and the nature of existing developments.
These zones are:
o CRZ-I: Ecologically sensitive areas such as mangroves, coral reefs, turtle
nesting grounds, etc.
o CRZ-II: Areas that have been developed up to or close to the shoreline,
including urban areas and tourist zones.
o CRZ-III: Rural and undeveloped areas not classified as CRZ-I or CRZ-II.

2. Regulation of Activities: The CRZ regulates various activities based on the zone
classification:
o CRZ-I: No new construction allowed except projects related to defense,
strategic purposes, and specific activities permitted by the Ministry of
Environment, Forest and Climate Change (MoEFCC).
o CRZ-II: Certain types of activities are permitted with restrictions, such as
construction of buildings above a certain height, subject to specific guidelines
and clearance from authorities.
o CRZ-III: Development is permitted subject to regulations that aim to
minimize environmental impact, including restrictions on certain types of
industries and activities.

3. Clearances and Permissions: Any developmental activity within the CRZ requires
prior clearance from the MoEFCC or the State Coastal Zone Management Authority
(SCZMA). The clearance process involves scrutiny of project details, potential
environmental impacts, and adherence to CRZ guidelines.
4. Public Participation: The CRZ regulations emphasize public participation through
the requirement for public hearings and consultations during the clearance process.
This ensures that local communities and stakeholders have a say in proposed
developments affecting their environment and livelihoods.
5. Monitoring and Enforcement: The implementation of CRZ regulations involves
regular monitoring and inspection by designated authorities to ensure compliance with
the guidelines. Non-compliance can lead to penalties and corrective actions.
6. Amendments and Updates: The CRZ regulations have undergone amendments over
the years to address emerging challenges and balance developmental needs with
environmental conservation. Recent updates have focused on clarifying guidelines,
incorporating climate change considerations, and enhancing enforcement
mechanisms.
5) Explain the regulation on disposal of bio-medical waste?

INTRODUCTION

Biomedical waste is waste that is potentially infectious. Biomedical waste may also include
waste associated with the generation of biomedical waste that visually appears to be of
medical or laboratory origin (e.g., packaging, unused bandages, infusion kits, etc.), as well
research laboratory waste containing bio molecules or organisms that are restricted from
environmental release. Discarded sharps are considered biomedical waste whether they are
contaminated or not, due to the possibility of being contaminated with blood and their
propensity to cause injury when not properly contained and disposed of. Biomedical waste is
a type of bio-waste.

Risk of Biomedical Waste to Human Health

Disposal of this waste is an environmental concern, as many medical wastes are classified as
infectious or bio-hazardous and could potentially lead to the spread of infectious disease. A
1990 report by the U.S. Agency for Toxic Substances and Disease Registry concluded that
the general public is not likely to be adversely affected by biomedical waste generated in the
traditional healthcare setting. They found, however, that biomedical waste from those settings
may pose an injury and exposure risks via occupational contact with medical waste for
doctors, nurses, and janitorial, laundry and refuse workers.

BIO MEDICAL WASTE MANAGEMENT RULES

Biomedical waste is defined as any waste, which is generated during the diagnosis, treatment
or immunization of human beings or animals, or in research activities pertaining thereto, or in
the production or testing of biologicals.

Categories of Biomedical Waste, There are ten defined categories

o Human anatomical waste: (tissues, organs, body parts)
o Animal waste: (including animals used in research and waste originating from veterinary
hospitals and animal houses)
o Microbiological and biotechnology waste: (including waste from lab cultures, stocks or
specimens of microorganisms, live or attenuated vaccines, wastes from production of
biologicals, etc.)
o Waste sharps: (used/unused needles, syringes, lancets, scalpels, blades, glass etc.)
o Discarded medicines and cytotoxic drugs.
o Solid wastes: (items contaminated with blood and body fluids, including cotton dressings,
linen, plaster casts, bedding etc.)
o Solid wastes: (wastes generated from disposable items other than waste sharps such as
tubing, catheters, i.v. sets, etc.)
o Liquid waste: (waste generated from washing, cleaning, housekeeping and disinfection
activities including these activities in labs).
o Incineration ash: (from incineration of any biomedical waste)
o Chemical waste: (chemicals used in production of biological and disinfection)

In Indian Council for Enviro-Legal Action v Union of India, (1996) 3 SCC 212 (popularly
known as H-Acid case) a public interest litigation was filed by an environmentalist
organization, not for issuance of writ, order or direction against the industrial units polluting
the environment, but against the Union of India, State Government and State Pollution
Control Board concerned to compel them to perform their statutory duties on the ground that
their failure to carry on such duties violated the rights guaranteed under Article 21 of the
residents of the affected area

In Sushanta Tagore v Union of India, (2005) 3 SCC 16, the question related to construction
of residential and commercial complexes by developers and promoters in the territorial area
comprising Shantiniketan in utter disregard of, inter alia, environmental and pollution control
laws and requirements which had endangered the very purpose tradition and objective with
which Visva-Bharti was established and which was thereafter sought to be preserved by the
Act. The Supreme Court observed that it is the duty of the State and the Development
Authority not to allow activities in the territorial limits which may damage environmental
ambience of the area contrary to the ideals, of Visva-Bharti. It is imperative that the
ecological balance be maintained keeping in view the provisions of both Directive Principles
of State Policy read with Article 21 of the Constitution
6) Examine the powers of central government to take measures to protect and improve the
environment?

In India, the powers of the central government to protect and improve the environment are
primarily derived from constitutional provisions, statutory laws, and international
commitments. Here’s an examination of these powers and the mechanisms through which
they are exercised:

1. Constitutional Provisions:
o Directive Principles of State Policy: The Constitution of India includes
provisions under Part IV (Directive Principles of State Policy) that emphasize
the duty of the State to protect and improve the environment. Article 48-A
specifically mandates the protection and improvement of forests and wildlife.
o Fundamental Duties: Citizens are obligated under Article 51-A(g) to protect
and improve the natural environment, including forests, lakes, rivers, and
wildlife.

2. Legislation and Regulatory Framework:

o Environment Protection Act, 1986: This is a key legislation that empowers
the central government to take measures to protect and improve the
environment. It provides for the establishment of authorities, setting
environmental standards, regulating hazardous substances, and addressing
environmental pollution.
o Wildlife (Protection) Act, 1972: Enacted to protect wildlife and their
habitats, this law empowers the central government to designate protected
areas, regulate hunting and trade in wildlife, and conserve endangered species.
o Water (Prevention and Control of Pollution) Act, 1974: Provides for the
prevention and control of water pollution, with provisions for the
establishment of pollution control boards and standards for discharge of
pollutants.
o Air (Prevention and Control of Pollution) Act, 1981: Addresses air
pollution by regulating emissions from industries and vehicles, establishing
standards, and empowering pollution control boards.

3. Regulatory Bodies and Agencies:

 o Ministry of Environment, Forest and Climate Change (MoEFCC): The
central ministry responsible for formulating and implementing policies and
programs related to environmental conservation, forestry, and climate change.
o Central Pollution Control Board (CPCB): A statutory organization under
MoEFCC tasked with coordinating pollution control activities, conducting
research, setting standards, and enforcing regulations related to air and water
quality.

4. National Policies and Programs:

o National Action Plans: India has developed various national action plans on
biodiversity conservation, climate change mitigation, and sustainable
development.
o National Clean Air Program (NCAP): Aims to reduce air pollution in major
cities and regions through a comprehensive set of measures and targets.
o National Mission for Clean Ganga (NMCG): Focuses on cleaning and
rejuvenating the river Ganga through various initiatives and projects.

5. International Commitments:
o Paris Agreement: India is a signatory to the Paris Agreement on climate
change, committing to reducing greenhouse gas emissions and enhancing
resilience to climate impacts.
o Convention on Biological Diversity (CBD): India is a party to the CBD,
which guides efforts towards biodiversity conservation and sustainable use of
natural resources.

6. Judicial Oversight:
o Role of the Judiciary: The Indian judiciary, through the Supreme Court and
various High Courts, plays a significant role in enforcing environmental laws,
addressing environmental violations, and issuing directives for environmental
protection.

7. Public Participation and Awareness:

o Environmental Impact Assessment (EIA): Projects are required to undergo
EIA processes to assess potential environmental impacts and involve public
consultation.
o Public Awareness Campaigns: Various initiatives are undertaken to raise
awareness among the public about environmental issues, conservation
practices, and sustainable development.

In summary, the central government in India possesses extensive powers and responsibilities
to protect and improve the environment through legislative, regulatory, policy, and
enforcement mechanisms. These efforts are crucial for addressing environmental challenges,
conserving biodiversity, mitigating pollution, and promoting sustainable development in the
country.
7) Explain the provisions and procedures of sample collection under EP act 1986?

Under the Environment Protection Act (EPA) of 1986 in India, the provisions and procedures
for sample collection primarily pertain to gathering evidence of environmental pollution or
violations of environmental norms. Here’s an explanation of the relevant aspects:

Provisions under the Environment Protection Act, 1986:

1. Purpose of Sample Collection:

o The EPA provides the legal framework for protecting and improving the
quality of the environment and preventing environmental pollution. Sample
collection is essential for assessing pollution levels, determining compliance
with environmental standards, and gathering evidence for legal proceedings.

2. Authorization to Collect Samples:

o Authorized Officers: Section 10 of the EPA empowers authorized officers
appointed by the central or state government to take samples of air, water, soil,
or other substances for analysis. These officers typically include officials from
the pollution control boards or other designated agencies.

3. Types of Samples Collected:

o Air Samples: Samples of ambient air may be collected to analyze pollutants
such as particulate matter (PM10, PM2.5), sulfur dioxide (SO2), nitrogen
oxides (NOx), etc.
o Water Samples: Samples of surface water (rivers, lakes) or groundwater may
be collected to assess parameters like biochemical oxygen demand (BOD),
chemical oxygen demand (COD), pH, heavy metal concentrations, etc.
o Soil Samples: Samples may be collected to analyze soil contamination by
pollutants such as heavy metals, pesticides, or other chemicals.
 4. Procedures for Sample Collection:
o Notice to Person Concerned: Before collecting samples, the authorized
officer may issue a notice to the person in charge of the premises or activity
under investigation, informing them of the intention to collect samples for
analysis.
o Witnesses: Sample collection is typically conducted in the presence of
witnesses, such as representatives of the person or entity being investigated, to
ensure transparency and fairness.
o Chain of Custody: Proper procedures are followed to maintain the integrity
of the samples, including labeling, sealing, and documenting the chain of
custody to prevent tampering and ensure reliability of the analysis results.

5. Analysis and Reporting:

o Laboratory Analysis: Samples collected are sent to accredited laboratories
for analysis using standardized methods to determine pollutant concentrations
or compliance with environmental standards.
o Reporting: Analysis results are documented in a report that specifies the
pollutants detected, their concentrations, and whether they exceed permissible
limits or pose risks to the environment or public health.

Legal Implications and Enforcement:

 Evidence in Legal Proceedings: The sample analysis reports serve as crucial

evidence in legal proceedings against entities or individuals found to be violating
environmental laws or standards.
 Penalties and Prosecution: If the analysis indicates violations, the authorities may
take legal action, including imposing fines, issuing directives for corrective measures,
or initiating criminal prosecution as per the provisions of the EPA and other relevant
environmental laws.

Conclusion:

The provisions and procedures for sample collection under the Environment Protection Act,
1986 are designed to ensure that environmental pollution and violations are effectively
monitored, assessed, and addressed. By empowering authorized officers to collect samples
and conduct analysis, the EPA plays a pivotal role in safeguarding India’s environment and
promoting sustainable development.