Short note on Strict liability/Absolute liability

Strict liability and absolute liability function under the ‘no-fault liability’ principle,

Principle of no-fault liability

According to the rule, if any person brings any dangerous thing on his land for non-natural use and that
dangerous thing has the ability to escape on its own and causes harm, such person shall be liable for it
even though there was no negligence on his part. This is known as the rule of strict liability. Such things
may be any harmful gas, water, or chemicals.

The doctrine of strict liability does not look to a defendant's intent, negligence, or lack of reasonable
care, it simply looks at the dangerous activities and whether those actions caused the plaintiff's injuries.

The rule of strict liability was propounded in Ryland vs Fletcher.

Facts of case: Rylands and Fletcher lived in a neighbourhood. Rylands had mines in his land, while
Fletcher had a mill on his land.

Fletcher required a huge amount of energy to run the mill, so he decided to construct a reservoir.

To construct the reservoir, independent contractors and engineers were appointed by Fletcher.

No attention was paid to mine shafts while constructing the reservoir.

When the reservoir was ready and the water was filled, the water reached the mines of Rylands through
the mine shafts, due to which he suffered heavy losses and sued Fletcher for the same.

Fletcher defended by stating that the negligence was by independent contractors and engineers.

In the judgement delivered by the House of Lords, Fletcher was held liable for the entire loss suffered by
Rylands.

Essential Ingredients of Strict Liability

The essential ingredients of strict liability include the following.

There should be dangerous thing.

There should be escape of dangerous thing.

There should be some damage out of this escape

There should be a non-natural use of the land or property.

Some types of strict liability torts are abnormally dangerous activities, keeping dangerous animals, and
product liability.
There are certain exceptions to the rule of strict liability, which are-

1. Plaintiff’s Fault: If the plaintiff is at fault and any damage is caused, the defendant wouldn’t be held
liable, as the plaintiff himself came in contact with the dangerous thing.

2. Act of stranger

If any damage has been caused due to the act of any stranger on whom the defendant had no control,
the defendant will not be liable under this rule.

3. Act of God –

If a loss is caused through natural causes and without human intervention, it is considered as an Act of
God (vis major) and is accepted as a valid defence.

4. Damage due to natural use of land

In Ryland v. Fletcher, water collected in the reservoir in such large quantity, was held to be nonnatural
use of land. Keeping water for ordinary domestic purpose is 'natural use'.

Examples of ‘natural use of land’ include water pipe installations in buildings, working of mines and
minerals on land, the lighting of fire in a fire-place of a house, normal electric wiring etc.

Short note on Absolute liability

Rule of Absolute Liability

The rule of absolute liability was laid down in MC Mehta vs Union of India.

The rule of absolute liability, in simple words, can be defined as the rule of strict liability minus the
exceptions.

According to the rule of absolute liability, if any person is engaged in an inherently dangerous or
hazardous activity, and if any harm is caused to any person due to any accident which occurred during
carrying out such inherently dangerous and hazardous activity, then the person who is carrying out such
activity will be held absolutely liable. The exception to the strict liability rule also wouldn’t be
considered. The rule laid down in the case of MC Mehta v UOI was also followed by the Supreme Court
while deciding the case of Bhopal Gas Tragedy case.

M.C Mehta vs. Union of India Case

There was a gas leak from a private company (Shriram Industries) in the city of Delhi, killing one person
and injuring others. Here, the Supreme Court evolved a new rule of Absolute Liability. The rule of
absolute liability is similar to the rule of strict liability, except for the fact that there are no defences for
it.

In effect, there are absolutely no excuses for the harm caused. The Court observed the following
justifications –

• Any organization carrying out dangerous or hazardous activities for private profits has a social
obligation to compensate the injured people,

• Only such organizations have the resources to discover and guard against such dangers and
hazards. They cannot avoid their responsibility, by saying that it had taken all the care and precaution
etc. The rule of Absolute Liability was followed in the Bhopal Gas Leak and is sometimes used in
environment pollution cases.

Conclusion

In the case of strict liability, there are some exceptions where the defendant wouldn’t be made liable.
But in the case of absolute liability, no exceptions are provided to the defendant.

• Salient provisions in Indian constitution for protection of environment

Under the Indian Constitution, there are three types of lists, namely- Union, state and concurrent.
Central government deals with the matters of union list, where state government deals with the matters
of state list.

Power of dealing with the matters of the concurrent list (list III) is shared between both the state and
central government. It covers matters like protection of forests, wildlife, conserving mines, population
control etc. But in the instance of conflict, the decision of the central government prevails.

There is always a conflict between development and environment protection and such matters are dealt
through the Environment Impact Assessment (EIA). This has also been recognized by the planning
commission.

Directive Principles of State Policy

Article48-A: According to the article, “The State shall endeavour to safeguard the country’s forests and
wildlife, and to maintain and promote the environment.” It was determined that residents of the nation
had a basic right to a healthy, clean, and decent environment in Sher Singh v. Himachal Pradesh.

Additionally, according to Article 47, one of the State’s fundamental responsibilities is to “raise the level
of nutrition, the standard of living, and the state of the public health of its people.” Public health must be
improved through environmental protection and development.
B. Fundamental Duties

Article 51-A, Clause (g): This article addresses the fundamental obligations of citizens, and indicates that
it is the responsibility of every Indian citizen to preserve and enhance the natural environment, including
forests, lakes, rivers, and animals, as well as to have compassion for all living things. As a result, both the
State (Article 48-A) and every person (Article 51-A) have a responsibility to preserve and improve the
natural environment.

C. Fundamental Right

The Right to a Clean Environment is one of the implied Fundamental Rights under Fundamental Rights
(Part-III) as established by the judiciary using Articles 14, 19, 21, and 32.

According to Article 14 of the Constitution, everyone is entitled to equality before the law and equal
protection under the law. Article 14 implicitly imposes an obligation on the state to exercise fairness in
its environmental protection measures.

Article 19(1)(g) grants citizens the basic right to engage in any profession, trade, or business. However,
this basic right is subject to reasonable limitations, and citizens are not allowed to engage in commercial
activities that pose a risk to the environment’s health.

The Supreme Court has examined Article 21, which states that “no person shall be deprived of his life or
personal liberty except in accordance with the procedure established by law.” The court has repeatedly
ruled that this act and declared that the right to a healthy environment is a natural outcome of article
21.

Also right to clean water and air, qualifies as a fundamental right under this article.

Articles 32: Most environmental pollution and ecological imbalance case were brought under Articles 32
and 226 of the Indian Constitution. A well-known fundamental right called Article 32 i.e. Right to
Constitutional Remedies allows any party to file a writ petition for environment protection or a PIL
(Public Interest Litigation) with the Supreme Court and high court of India challenging any action that
puts people in danger or harms the environment.

Article 253: This article states “Parliament has the power to make any law for the whole or any part of
the country for executing any treaty, agreement, or convention with any other country,”. To put into
effect the Stockholm Conference, certain Acts were passed under this provision like the Air (Prevention
and Control of Pollution) Act 1981 and the Environmental (Protection) Act 1986.

Oleum gas leak case guidelines

Brief Environment Protection Act, 1986

Environment Protection Act, 1986 is one of the most exhaustive legislation for the protection for the
environment. It is a general piece of legislation for the protection of environment.

Article 253 of the Indian Constitution empowers the Parliament to bring any legislation to give effect to
any international treaty, agreement, convention, or decision taken at a conference. It was with the help
of Article 253 that the Indian Parliament enacted the Environment (Protection) Act, 1986 to give effect to
the decisions taken at the UN Conference on the Human Environment held in Stockholm in 1972.

After the United Nations Conference on Human Environment, First, the Wildlife Protection Act, 1972 was
enacted. Then, the Water (Prevention and Control of Pollution) Act, 1974 was passed, followed by the Air
(Prevention and Control of Pollution) Act 1981. Then in 1986, the EPA was passed by the Parliament, in
the wake of the Bhopal Gas Tragedy, and Olem gas leak case.

The Act has relaxed the rule of “locus standi” and because of such relaxation, even a common citizen can
approach the Court with prior legal notice.

EPA is also known as umbrella legislation as it enables the central government to take necessary
measures as it deems necessary to protect and improve the environment, and to prevent, control and
abate environmental pollution. It fills the void left by numerous other pieces of law, such as the Water
Act and the Air Act. It links them and increases their effectiveness.

The act is based on the polluter pays principle.

The Act explicitly prohibits discharges of environmental pollutants in excess of prescribed regulatory
standards.

The act provides provisions for the proper handling of hazardous substances.

The act enjoys supremacy over other environment-related legislation.

A wide range of rules and notifications have been adopted under it, such as the:

E-Waste (Management) Rules 2016, as amended in 2018 (E-Waste Rules);

Bio-Medical Waste Management Rules 2016;

Plastic Waste Management Rules 2016;

Solid Waste Management Rules, 2016;

Construction and Demolition Waste Management Rules 2016;

Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 (MSIHC Rules);

Coastal Regulation Zone Notification 2019; and

Environment Impact Assessment Notification 2006.

The objectives of the Environment Protection Act 1986 are as follows:

Formed to carry out the decisions made at the United Nations Conference on the Human Environment
held in Stockholm in June 1972

Instils government protection and regulation toward environmental safety

Coordinates the actions of various regulating bodies working towards the cause

Enforces general environmental laws in case of environmental hazards

Provides penalizing codes for individuals and institutions for environmental damage

Promotes sustainable environmental development.

Some important provisions

Environment– Environment has been defined to include air, water, and land, and the inter-relationship
among and between air, water, land and human beings, other living creatures, microorganisms, plants
and property.

Environment pollutant- A pollutant is any substance in a solid, liquid, or gaseous state, which when
present in a certain concentration can be injurious to the environment.

Environment pollution– The presence of an environmental pollutant in the environment is called

environment pollution.

Handling– Handling, in respect of any substance, is deemed to imply its “manufacture, processing,
treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale or
its transfer.”

Hazardous substance– It refers to any substance or preparation which can cause harm to humans, plants,
other living creatures, property, or the environment due to its chemical or physico-chemical properties
or handling.

Occupier- In respect of any factory or premises, it refers to the person who is in control over the affairs of
the factory or premises, and in respect of any substance, it refers to the person who is in possession of
that substance.

Powers of the Central Government

The Central Government is granted the authority to take measures to protect and improve the quality of
the environment and prevent, control, and abate environmental pollution.

Coordinating the actions of State Governments and other authorities.

Planning and executing nationwide programs

Laying down quality standards for the environment

Establishing standards for the emission or discharge of pollutants into the environment

Restricting areas and establishing safeguards for different industries

Investigation and Research on environment protection

Inspection of premises, factories, plants, etc.

Establishment of environmental laboratories

Preparation of manuals, codes, etc. and Dissemination of information regarding environmental

protection

Establishment of new authority/ authorities for discharging the above functions

Powers of entry and Inspection -inspect, perform the duties entrusted to him/her, examine and test any
equipment, industrial plan, record, register, or document.

Case laws

Vellore Citizens Welfare Forums

Facts

In the present case the Petitioner- Vellore Citizens Welfare Forum, filed a PIL under Article 32 of the
Constitution. The Petition was filed against the water pollution caused due to excessive release of
pollutants by the tanneries and other industries in the State of Tamil Nadu into the river Palar. Palar River
was the main source of water for the livelihood of the surrounding people. Later, the Tamil Nadu
Agricultural University Research Centre, Vellore discovered that approximately 35,000 hectares of
agricultural land has turned either entirely or partially barren and not fit for cultivation. This is one of the
landmark cases whereby the Supreme Court critically analyzed the relationship between environment
and industrial development.

After hearing the contentions made by both the parties, the Supreme Court expressed that efforts
should be undertaken to maintain a harmony between environment and industrial development.

The Court highlighted that the main purpose of the Environment Protection Act is to create an authority
under Section 3(3) with all the necessary powers and functions to protect and improve the environment.
However, it was disappointing that not enough authorities were appointed for the same.

It was further observed by the court that the tanneries are one of the major foreign exchange sources
and also create employment. But, it also harms and wrecks the environment. Thus in order to create
balance between environmental and industrial development court ruled in the following way –

The Supreme Court ruled that the tanneries should be shut down until and unless they have set up the
required pollution control devices.

It further added that once these devices are set up, tanneries can approach the Tamil Nadu Pollution
Board and then reopen the tanneries after getting consent from the board.

It directed all the tanneries in the district of North to deposit a fine of Rs.10,000 each in the Collector
office
It also directed that the State of Tamil Nadu should award Mr. M. C. Mehta a sum of Rs.50,000 as a token
of appreciation towards the endeavours and efforts made by him in order to protect the environment.

It also emphasized on the formation of Green Benches to deal with the issues related to environment
protection for quick and speedy removal of these cases.

Polluters pay

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.

Indian Council for Enviro-legal Action v. Union of India, The Bichhri Village Case

Bichhri village in the Udaipur district of Rajasthan. In 1988, a group of chemical industries established
plants to produce hydrochloric acid and related chemicals for export. Although the production of this
acid is prohibited in European countries, there remains a need for it. ‘Rogue Industries’ commenced
production of these chemicals without obtaining the appropriate ‘no objection certificates’ from the
pollution control authorities.

The factories’ waste products amounted to between 2,400 and 2,500 metric tonnes that were highly
toxic.

At least 400 farmers and their families in eleven villages were directly affected by the groundwater
pollution.

A PIL was filed in the Supreme Court by a Delhibased NGO, the Indian Council for Enviro-Legal Action, led
by Mr M.C. Mehta. The NGO presented the subhuman living conditions being experienced by the
villagers and requested remedial action by the court. The Supreme Court accepted the petition Orders
were passed by the court. They included a request to establish an expert committee to examine the
situation in and around the affected area and thereafter provide recommendations for both short- and
long-term remedial action.

In February 1996, the Court declared the final order.

It stated that ‘absolute liability’ rested with the rogue industries to compensate for the harm caused by
them to the villagers in the affected area, to the soil and underground water and that they were bound
to take all necessary measures to remove the sludge and other pollutants and defray the costs of
remedial measures required to restore the land and underground water. The Court invoked the ‘polluter
pays’ principle and empowered the central Government to determine and recover the cost of remedial
measures from the industries. The Court ordered the closure of all chemical plants located in the Bichhri
area. It is noteworthy that the Court suggested the establishment of dedicated environmental courts for
the adjudication of such matters and the establishment of the National Green Tribunal fulfils this long
standing demand made by the Court.

In November 1997, the Court required the industries to pay Rupees 37.38 Crores towards the cost of
environmental remediation and Rupees 34.28 Lakhs to the villagers, which were not immediately
complied with. Finally, in 2011, the Supreme Court imposed a compound interest of 12 per cent on the
remedial amount of Rupees 37.38 Crores on the polluter for the 15-year delay in making the payment.
The polluters were given two months to make the payment; failure to do so would result in the recovery
being made as arrears. The polluting industries had no other option but to comply with the orders of the
Court this time.

The importance of the Bichhri case is that it allowed the villagers’ grievances to be heard via PIL. The
application of Article 21, ‘absolute liability’ and the ‘Polluter Pays Principle’ makes the case a landmark
judgment in India’s emerging environmental jurisprudence.

Environmental Impact Assessment or EIA is the process through which an environmental impact of a
proposed development is evaluated. It takes into consideration the socio-economic, cultural, and human
health impacts.

The Union Ministry of Environment and Forests (MEF), Government of India, under the Environmental
(Protection) Act 1986, promulgated an EIA notification making Environmental Clearance (EC) mandatory
for expansion or modernisation of any activity or for setting up new projects. This decision was taken on
January 27, 1994.

It covers developmental sectors such as industries, thermal power projects, mining schemes etc.

The main goal of EIA is to conserve the environment and bring out the best combination of economic
and environmental costs and benefits.

The EIA was initially practised by developed nations but slowly it was also introduced in developing
nations including India.

EIA was first introduced in 1978 with regard to the various river valley projects all over the country and
later expanded to include various other developmental procedures in its scope. EIA is now mandatory for
over 30 classes of projects.

Importance of Environmental Impact Assessment

EIA is a good tool for prudent environment management.

It is government-policy that any industrial project in India has to secure EIA clearance from the
Environment Ministry before approval for the project itself.

The EIA Notification, 2006 has categorized the projects into two categories namely; Category ‘A’ and
Category ‘B’ based on their impact potential ͘

Category A projects require mandatory environmental clearance and thus they do not undergo the
screening process.
Category B projects undergoes screening process and they are classified into two types.

Category B1 projects (Mandatorily requires EIA).

Category B2 projects (Do not require EIA).

Thus, Category A projects and Category B, projects undergo the complete EIA process whereas Category
B2 projects are excluded from complete EIA process

The eight steps of the EIA process are presented in brief below:

Screening: First stage of EIA, which determines whether the proposed project, requires an EIA and if it
does, then the level of assessment required.

Scoping: This stage identifies the key issues and impacts that should be further investigated. This stage
also defines the boundary and time limit of the study.

Impact analysis: This stage of EIA identifies and predicts the likely environmental and social impact of the
proposed project and evaluates the significance.

Mitigation: This step in EIA recommends the actions to reduce and avoid the potential adverse
environmental consequences of development activities.

Reporting: This stage presents the result of EIA in a form of a report to the decision-making body and
other interested parties.

Review of EIA: It examines the adequacy and effectiveness of the EIA report and provides the
information necessary for decision-making.

Decision-making: It decides whether the project is rejected, approved or needs further change.

Post monitoring: This stage comes into play once the project is commissioned. It checks to ensure that
the impacts of the project do not exceed the legal standards and implementation of the mitigation
measures are in the manner as described in the EIA report.

Case law

In 2013, the Hon’ble Supreme Court in the case of Association for Environmental Protection vs State of
Kerala, held that commencement of projects without obtaining prior EC (environmental clearance) is a
violation of the fundamental right to lifeguaranteed under Article 21 of the Constitution
Conclusion

The natural environment is under tremendous pressure now as a result of manmade activities including
rapid industrialization, mass industry, and forest destruction. EIA tools assist in striking a balance
between the necessity of economic growth and the equally crucial concept of sustainability

[21/11, 2:11 pm] Maria: 3. Explain the concept of sustainable developement. State the Principles of
United nations Conference on Human Environment 1972.

Sustainable Development’ is development that meets the needs of thepresent without compromising
the ability of future generations to meet their own needs.

‘Sustainable Development’ is concerned with the rate of consumption and use of natural resources. The
focus is on ensuring that we do not consume the resources at a rate that makes it difficult for us to
substitute or replace them.

Threats to sustainability are:

1.increasing human population;

2. over exploitation of resources to meet human needs like fuel, fodder and shelter;

3. activities like fishing, agriculture, overuse of fresh water, deforestation and industrialisation;

4. land clearing leads to problems like soil degradation, pollution, loss of biodiversity, deforestation,
desertification, climate change; and social degradation due to factors like increasing unemployment,
health crisis, armed conflict, urbanisation, poverty, income inequity.

Sustainable Development’ is needed to preserve the diversity of the ecosystem. Two factors important
for attaining sustainable development are:

i. Preservation of biological diversity in terrestrial, freshwater and marine systems.

ii. Sustainable use of resources and minimising the depletion of resources.

Sustainable Development involves:

Preservation of biological diversity in terrestrial, freshwater and marine

Sustainable use of resources and minimising the depletion of resources;

Caring for the environment;

Improving the quality of life including social and economic concerns;

Conservation of natural capital both for renewable and non- renewable resources;

Conservation of natural and cultural diversity;

Limits on natural resource utilisation and assimilation of wastes;

Efficiency of resource utilisation by all societies;

Social equity through poverty reduction and gender equity;

Reduction of emission of greenhouse gases;

Reduction in use of ozone depleting substances;

Reduction in air pollution;

Reduction in use of chemical fertilisers;

Stopping desertification; and

Stopping deforestation

Stockholm Conference

The Conference on the Human Environment was held at Stockholm from 5-16 June 1972 where more
than 107 states participated. It is one of the most successful International Conference.

The declaration is divided into 2 parts. The first part contains seven truths about man and his connection
with the environment. It also contains general observations, such as that men are both creators and
molders of their environment. The protection of the environment is a pressing issue. It is the desire of
the citizens of all the nations and the responsibility of all the governments to protect and preserve the
environment.

The second part contains 26 principles that were adopted and declared by the participating states. This is
known as the Magna Carta of the human environment.

RMMC, MPPE, USEE, RRHH,SUEF, RDII, CB

Principles of the Stockholm declaration

1. Principal 1: Right to protect environment:

Every human being has the fundamental right to life, freedom, equality and to live with dignity.

The right to life includes the right to live in a clean and healthy environment. And such policies which
promote discrimination, colonization or other forms of oppression must be eliminated.

Principle 2: Management of natural resources – Natural resources are limited. We must use natural
resources carefully. Preservation of resources depends on effective planning and management.

Principle 3: Management of renewable resources – Although renewable resources are not depletable,
their preservation is necessary for their quality.

Principle 4: Conservation of Wildlife – A combination of factors is responsible for endangering wildlife.

Humans have a special responsibility for protecting wildlife. The inclusion of conservation of wildlife in
economic planning leads to sustainable development.

Principle 5: Management of non-renewable resources – Non-renewable resources are exhaustible. They

are valuable resources. Exercising care and caution is necessary to prevent them from depletion.
Principle 6: Pollution control – Pollution is harmful to the environment. Discharging toxins and other
substances in large quantities are harmful to the ecosystem. Both the citizens and the states should play
an active role in reducing the dumping of harmful substances.

Principle 7: Prevention of Pollution in sea– The states should reduce sea pollution by taking necessary
steps to prevent substances hazardous to human health, marine life, and the legitimate uses of seas

Principle 8: Economic and social development – The improvement of social and economic conditions is
necessary for a better living and working environment. Improvements shouldn’t affect the environment
in any way.

Principle 9: Underdevelopement and natural disaster– Natural disasters and underdevelopment lead to
deficiencies. Navigating through such deficiencies is difficult. Requesting technological and financial
assistance to supplement the local efforts leads to a quicker and effective remedy.

Principle 10: Stability of prices and incomes – Stability in the prices of essential commodities and stability
of income is essential for the environmental management of developing countries. Economic factors are
also part of the environmental process.

Principle 11: Environmental Policy – The environmental policy of every nation should be progressive. The
policies of every state must enhance and complement each other. The policies shouldn’t restrict or
adversely affect developing countries. National and international organizations should strive for better
living conditions for all without affecting the environment.

Principle 12: Environmental protection education– Environmental protection is the need of the hour.
Every citizen should understand the importance of environmental protection. Adoption of a suitable
medium like social media, print media, etc is crucial to spread awareness about environmental
protection.

Principle 13: Rational Management of Resources – States should adopt rational methods to manage the
resources and to improve the environment. An integrated and coordinated approach is preferable.

Principle 14: Rational Planning – Conflicts between development and conservation are reconciled with
rational planning. Development and conservation must go hand in hand.

Principle 15: Human settlement and Urbanization – Planned settlements and urbanization are required.
They reduce the adverse effects on the environment. The goal is to secure maximum benefits for all
through planning. All discriminatory plans are also barred.

Principle 16: Human Population Control – In areas where the population is excessive and is likely to affect
the environment, the states can implement policies to control the growth of the population. These
policies shouldn’t violate basic human rights. In today’s world overpopulation is one of the major
reasons for the depletion of natural resources.

Principle 17: Setting up of environment pollution control board at national institutions – States should
establish national bodies for the control and management of environmental resources within the state.

Principle 18: Use of Science an Technology – Science and technology are indispensable in today’s life.
They are used in almost every industry. Science and technology are also applicable to the conservation of
the environment. It is useful for identifying and controlling environmental risks. They are useful for
finding solutions for environmental issues.

Principle 19: Education in environmental matters – Education is one of the tools to spread awareness
about the pathetic state of the environment. The underprivileged, poor, illiterate should have access to
education. Education broadens the mind. Awareness about the existing conditions is necessary so that
people can jointly tackle environmental matters.

Principle 20: Further scientific research – Researching and developing methods nationally and
internationally is important to tackle environmental problems. There must exist a system where
information and research can flow easily across nations. Countries must also control their spending on
scientific research without burdening the economy.

Principle 21: Rights and Responsiblity of the Soverign nations States have the absolute authority to use
natural resources according to their policies. However, their policies shouldn’t violate the principles of
international law and cause damage to other states outside its jurisdiction.

Principle 22: Developement of international law The States to cooperate and develop further
international law regarding liability for those harming the environment and compensation for the victims
of pollution and other environmental damage.

Principle 23: Implementing a national agenda – The states may find that certain procedures and rules
may not align the value system of the country. In that case, the states need not follow such a procedure.
The states are also exempted if such procedures cause unwarranted social costs.

Principle 24: international Cooperation with nations – Although each state has exclusive jurisdiction to
legislate on internal matters, international cooperation is necessary for improvement of the
environment. States must recognize that environmental problems affect all the states equally. By
multilateral and bilateral agreements states can control, prevent, and reduce environmental risks.

Principle 25: Coordination with nations – Coordination between states is crucial for alleviating the
existing conditions. The states can jointly coordinate actions and plans for improving existing
environmental conditions.

Principle 26: Ban on nuclear weapons – Nuclear weapons are the most destructive weapons. They cause
more damage to the environment than any other weapon. All the nations should come together to ban
nuclear weapons.

Effects of the convention:

The Air (prevention and control of pollution) Act 1981; The Water (Prevention and Control of Pollution)
Act, 1974 and the Forest (Conservation) Act, 1980 was passed by Parliament in India with a view to
implementing the decision of the Stockholm conference which asked the number of states to take
appropriate steps, among other things, for the preservation of quality of air and control of air pollution

The Stockholm convention was the first convention to discuss environmental issues on a global scale.
The declaration proclaims truths relating to man and the environment such as man is the creator and
moulder of his surroundings.

The declaration also reiterates the importance of preservation of the environment.

The declaration discusses in detail the role of underdeveloped nations in environmental problems and
urges them to reduce their negative impact on the environment.

The significance of humans and their contributions to the environment are also discussed in detail.

Governments are directed to control their internal actions by enacting and enforcing environmental laws
and to coordinate with other nations and international agencies to mitigate the damage caused by
pollution.

[21/11, 2:11 pm] Maria: 1. Developement in the field of environment law through judicial activisim than
legislation. Explain

Introduction to judicial activisim

Judicial Activism refers to the active role that the judiciary plays in preserving its citizens’ rights and the
constitutional framework of the country. In other words, the willingness of the Judiciary to exercise its
power when the Executive/Legislature fail to discharge their constitutional obligations effectively is
called judicial activism.

Judicial activism has arisen mainly due to:

1. The failure of the executive and legislatures to act

2. the violation of basic human rights.

3. and the misuse and abuse of some of the provisions of the Constitution.

Judicial activism in India implies the authority of the Supreme Court and the high courts, but not the
subordinate courts, to declare the regulations unconstitutional and void if they breach or if the
legislation is incompatible with one or more of the constitutional clauses.

Judicial activism has been instrumental in enforcing environmental laws and regulations. The courts have
played an essential role in interpreting the law and ensuring that government agencies and private
corporations follow environmental regulations.

Constitutional Provisions for enviromental law that helped judiciary to built up environment law through
judicial activisim

1.Article 21 of the Constitution guarantees one of the important Fundamental Right to the citizens and
says that no person shall be deprived of his life and personal liberty, except according to procedure
established by law. This “right to life” contained in Article 21 has been given a very wide interpretation
by the Supreme Court of India

2. Article-48A of the Constitution declares “The State shall endeavour to protect and improve the
environment and safeguard forests and wildlife of the country.”

3. Article-51A(g) of the Indian Constitution says: “It shall be the duty of every citizen of India to protect
and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures.”
4.Article 226 of the Constitution gives the right to citizens to approach the High Court to enforce their
fundamental rights and the High Courts are given the power to issue various writs.

5.Article 32 of the Indian Constitution could be invoked by the citizens for enforcement of the
Fundamental Rights.

These provisions in the Constitution have acted as the foundations for building up environmental
jurisprudence in the country.

Through judicial activisim, the high courts and Supreme Courts have laid down several landmark cases
that have set precedents and guided the development of environmental law in the country:

1. Vellore Citizens Welfare Forum v. Union of India (1996): This case highlighted the severe pollution
caused by tanneries in the town of Vellore, Tamil Nadu. In this case, the Supreme Court emphasized the
"precautionary principle" and the "polluter pays" principle. It directed the closure of polluting industries
around the Vellore area, stressing the responsibility of industries to pay for environmental damages
caused by their operations.

This decision strengthened environmental laws and established liability for polluting industries.

2. M.C. Mehta v. Union of India (1986) - Oleum Gas Leak Case: In this case, the release of oleum gas from
a factory in Delhi led to severe harm to individuals and the environment.

The "Oleum Gas Leak Case" resulted in the establishment of the principle of "absolute liability." The
Supreme Court held that industries engaged in hazardous activities are strictly liable for any harm
caused, irrespective of fault or negligence.

3. MC Mehta v. Kamal Nath (1997): The court took cognizance of illegal mining activities in the Sariska
Tiger Reserve and directed the closure of mines operating within the sanctuary. This case highlighted the
need for stringent measures to protect wildlife habitats and conservation areas

4. A.P. Pollution Control Board v. M.V. Nayudu (2001): The Supreme Court laid down guidelines for
protecting and conserving wetlands across India. It directed all states and union territories to identify
and protect wetlands and regulate activities that could harm these ecologically sensitive areas.

5.Subhash Kumar v. State of Bihar (1991): The court, in this case, recognized the right to a clean and
healthy environment as a fundamental right under Article 21 of the Indian Constitution. It asserted that
environmental protection is part of the right to life and directed the closure of industries violating
environmental laws.

6. Taj Trapezium Case (1996): This case focused on the degradation of the environment around the Taj
Mahal due to pollution from industries. The Supreme Court intervened and directed the closure of
polluting industries, imposed strict emission standards, and implemented measures to protect the Taj
Mahal and its surroundings.

7. Public Interest Litigation (PIL) and Environmental Issues: The concept of PIL has been instrumental in
addressing environmental concerns in India. In the MC Mehta v. Union of India (1986) case, the Supreme
Court took suo moto cognizance of the pollution in the Ganga River and issued orders to control
pollution, leading to the establishment of the Ganga Action Plan.
8. M.C. Mehta v. Union of India (2004): The court addressed the issue of vehicular pollution in Delhi. It
mandated the use of Compressed Natural Gas (CNG) as a fuel for public transport vehicles to reduce
pollution levels in the city.

9. T.N. Godavarman Thirumulpad v. Union of India (2002): This ongoing case pertains to the conservation
of forests. The Supreme Court issued numerous directives to prevent illegal logging, mining, and
encroachments in forest areas across the country.

These cases illustrate how judicial activism in India has resulted in groundbreaking judgments that have
expanded environmental jurisprudence, recognized environmental rights, and imposed strict liability on
polluters. The courts have intervened to ensure environmental protection, even in cases where
legislative or executive action was inadequate or delayed. Judicial activism continues to shape
environmental law in India, emphasizing sustainable development and the protection of the
environment for present and future generations.

Key aspects of judicial activism in environmental legislation in India

1. Courts interpret existing laws broadly to include environmental protection. Courts have recognized
the right to a clean and healthy environment as part of the fundamental right to life under Article 21 of
the Constitution.

2. Landmark judgments have set legal precedents that guide environmental policies. The judiciary has
established principles like the "polluter pays" principle, absolute liability, and the precautionary principle
through its decisions.

3. Judicial activism ensures strict enforcement of environmental regulations. They issue directives,
injunctions, and orders to ensure compliance with environmental norms and to prevent environmental
degradation.

4. Courts allow public interest litigations (PILs) on environmental issues. This mechanism empowers
citizens and environmental groups to bring environmental concerns to court, enabling the judiciary to
address environmental matters in the public interest.

5. Several judgments have focused on mitigating pollution. The judiciary has issued directives for
controlling vehicular emissions, industrial pollution, and other sources of environmental degradation to
safeguard public health.

6. Indian courts have also contributed to shaping international environmental law by addressing
transboundary issues and adhering to global environmental norms in their decisions.

[21/11, 2:15 pm] Maria: Polluters pay

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.

Indian Council for Enviro-legal Action v. Union of India, The Bichhri Village Case

Bichhri village in the Udaipur district of Rajasthan. In 1988, a group of chemical industries established
plants to produce hydrochloric acid and related chemicals for export. Although the production of this
acid is prohibited in European countries, there remains a need for it. ‘Rogue Industries’ commenced
production of these chemicals without obtaining the appropriate ‘no objection certificates’ from the
pollution control authorities.

The factories’ waste products amounted to between 2,400 and 2,500 metric tonnes that were highly
toxic.

At least 400 farmers and their families in eleven villages were directly affected by the groundwater
pollution.

A PIL was filed in the Supreme Court by a Delhibased NGO, the Indian Council for Enviro-Legal Action, led
by Mr M.C. Mehta. The NGO presented the subhuman living conditions being experienced by the
villagers and requested remedial action by the court. The Supreme Court accepted the petition Orders
were passed by the court. They included a request to establish an expert committee to examine the
situation in and around the affected area and thereafter provide recommendations for both short- and
long-term remedial action.

In February 1996, the Court declared the final order.

It stated that ‘absolute liability’ rested with the rogue industries to compensate for the harm caused by
them to the villagers in the affected area, to the soil and underground water and that they were bound
to take all necessary measures to remove the sludge and other pollutants and defray the costs of
remedial measures required to restore the land and underground water. The Court invoked the ‘polluter
pays’ principle and empowered the central Government to determine and recover the cost of remedial
measures from the industries. The Court ordered the closure of all chemical plants located in the Bichhri
area. It is noteworthy that the Court suggested the establishment of dedicated environmental courts for
the adjudication of such matters and the establishment of the National Green Tribunal fulfils this long
standing demand made by the Court.

In November 1997, the Court required the industries to pay Rupees 37.38 Crores towards the cost of
environmental remediation and Rupees 34.28 Lakhs to the villagers, which were not immediately
complied with. Finally, in 2011, the Supreme Court imposed a compound interest of 12 per cent on the
remedial amount of Rupees 37.38 Crores on the polluter for the 15-year delay in making the payment.
The polluters were given two months to make the payment; failure to do so would result in the recovery
being made as arrears. The polluting industries had no other option but to comply with the orders of the
Court this time.

The importance of the Bichhri case is that it allowed the villagers’ grievances to be heard via PIL. The
application of Article 21, ‘absolute liability’ and the ‘Polluter Pays Principle’ makes the case a landmark
judgment in India’s emerging environmental jurisprudence.

[21/11, 2:16 pm] Maria: Rio declaration

Earth Summit, also called Rio Summit or Rio conference, was the United Nations Conference on
Environment and Development (UNCED) held from 3 to 14 June 1992. The goal of the Rio Summit was to
define a comprehensive agenda and a fresh strategy for global action on environment and development
challenges in the twenty-first century.

The Earth Summit 1992 concluded that sustainable development was an achievable global goal while
focusing on economic, social and environmental concerns.

The Earth Summit was the largest gathering of world leaders as of 1992, with 117 heads of state and
representatives of 178 nations in all attending

Rio Summit 1992 – Important Outcomes

The Rio Summit 1992 is also called the Earth Summit.

The following legally binding documents were opened for signature at the Rio Summit-

Convention on Biological Diversity: It is a binding treaty requiring nations to take inventories of

their plants and wild animals and protect their endangered species.

United Nations Framework Convention on Climate Change

It was an important treaty proposed to focus on the issue of greenhouse gas emissions, thought to be
responsible for global warming; the targets were eventually established in an amendment to the
UNFCCC, the Kyoto Protocol (1997)

United Nations Convention to Combat Desertification,

Desertification is a type of land degradation in which a relatively dry land region typically losing its
bodies of water as well as vegetation and wildlife. The causes of desertification are deforestation, over-
cultivation, overgrazing, imprudent irrigation practices, etc.

The key documents that came out of the Rio Summit are:

Rio Declaration on Environment and Development

Agenda 21

Forest Principles

It is also called Rio Forest principles. Forest principles laid out by the UN are a non-binding legal
framework based on forestry growth and conservation.

The first document called the Rio Declaration, in short, contained 27 principles that were supposed to
guide countries in future sustainable development. Agenda 21 is an action plan concerning sustainable
development, but it is non-binding. The Forest Principles is formally called ‘Non-Legally Binding
Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and
Sustainable Development of All Types of Forests’. It makes many recommendations for conservation and
sustainable development forestry and is non-binding.

Some important Rio Principles.

The Declaration, a compact set of 27 principles, promoted principles such as the centrality of human
beings to the concerns of sustainable development (Principle 1); the primacy of poverty eradication
(Principle 5); the importance of the environment for current and future generations and its equal footing
with development (Principles 3 and 4); the special consideration given to developing countries (Principle
6); the principle of common but differentiated responsibilities (CBDR, Principle 7). It also enshrined the
two critical economic principles of polluter pays (Principle 16) and precautionary approach (Principle 15).
It introduced principles relating to participation and the importance of specific groups for sustainable
development (Principles 10, 20, 21, 22). Lastly, it requested Member states to put in place adequate
legislative instruments to address environmental issues.

[21/11, 2:16 pm] Maria: Guidelines in oleum gas case.

The 1985 MC Mehta vs Union of India is a case of Oleum Gas Leakage from Shriram Food and Fertilisers
Ltd. that occurred in Delhi. Its similarity to Bhopal Gas Tragedy

Shriram Food and Fertilisers Ltd., a Delhi-based privately owned fertilizer plant, was located in the city's
thickly populated area of Kirti Nagar, which was home to approximately 200,000 people. Owing to the
factory's chemical processes, it emitted hazardous substances that caused a public nuisance. MC Mehta,
a public interest attorney, filed a writ petition under Articles 21 and 32 to the Supreme Court on
December 4 and 6, 1985, seeking closure and relocation of the factory's Shriram Caustic Chlorine and
Sulphuric Acid Plant.

During the pending lawsuit, the Oleum Gas Leak incident occurred at one of the factory's plants that
caused severe harm to people who inhaled the gas. The leakage also took the life of one of the lawyers
who practised in the Tis Hazari Court.

The Judgement in the MC Mehta vs Union of India

In the MC Mehta vs Union of India, the Supreme Court of India initiated the ‘Absolute Liability Principle'
stating that in the case of industries like Shriram that are engaged in inherently dangerous activities, the
rule of absolute liability will be applied, i.e., any industry involved in hazardous activities that causes
harm to the environment or the people through any accident would be held absolutely liable.

· Only enterprises involved in hazardous or inherently dangerous activities will be held responsible under
this rule.
· It is not a requirement for a dangerous substance or object to escape from one's property to another
for the rule to be applicable. It applies not only to individuals harmed outside the premises but also to
those injured within the premises.

· The rule is absolute and does not have any exceptions. It applies without any conditions or limitations.

· The amount of compensation awarded in cases governed by this rule is determined based on the
severity of the harm caused and the financial capacity of the defendant's enterprise.

The government’s primary guidelines in this case were as follows:

1. The Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of
Pollution) Act of 1981 both require that certain emission levels be monitored , the Central Pollution
Control Board shall establish an inspector to verify the level of pollutants.

2. To establish an employee safety committee.

3. The industry should educate the public about chlorine’s effects and appropriate handling.

4. Installing loudspeakers to alert neighbors in case of a gas leak and providing audio-visual services for
employee training and instruction on plant safety.

5. Equipment such as helmets and belts should be used by workers.

6. That the employees of Shriram furnish the undertaking of the Chairman of Delhi Cloth Mills Limited
that they will be “personally liable” for paying compensation for any death or injury in the event of gas
escape resulting in death or injury to staff or people living in the vicinity.

[21/11, 2:17 pm] Maria: Air Pollution:

Air pollution refers to any physical, chemical or biological change in the air. It is the contamination of air
by harmful gases, dust and smoke which affects plants, animals, and humans drastically.

Air pollution can lead to global warming, smog, respiratory problems, change in climate and affect the
overall biodiversity and ecosystem..

Causes of Air Pollution

Following are the important causes of air pollution:

Burning of Fossil Fuels

The combustion of fossil fuels emits a large amount of sulphur dioxide. Carbon monoxide released by
incomplete combustion of fossil fuels also results in air pollution.

Automobiles

The gases emitted from vehicles such as jeeps, trucks, cars, buses, etc. pollute the environment. These
are the major sources of greenhouse gases and also result in diseases among individuals.

Agricultural Activities

Ammonia is one of the most hazardous gases emitted during agricultural activities. The insecticides,
pesticides and fertilisers emit harmful chemicals in the atmosphere and contaminate it.

Factories and Industries

Factories and industries are the main source of carbon monoxide, organic compounds, hydrocarbons and
chemicals. These are released into the air, degrading its quality.

Mining Activities

In the mining process, the minerals below the earth are extracted using large pieces of equipment. The
dust and chemicals released during the process not only pollute the air, but also deteriorate the health
of the workers and people living in the nearby areas.

Domestic Sources

The household cleaning products and paints contain toxic chemicals that are released in the air. The
smell from the newly painted walls is the smell of the chemicals present in the paints. It not only pollutes
the air but also affects breathing.

The Air (Prevention and Control of Pollution) Act of 1981, or the Air Act, in short, was a law passed by
the Parliament of India to prevent and control the harmful effects of air pollution in India. This act is seen
as the first concrete step taken by the government of India to combat air pollution.

The prime objectives of the Act are the following:

Prevention, control and abatement of air pollution;

Establishment of central and state pollution control boards to implement the aforesaid purpose; and

To maintain the quality of air.

The following are some important definitions under the Air (Prevention and Control of Pollution) Act.

Section 2(a) defines an ‘air pollutants’ as any solid liquid or gaseous substance which may cause harm or
damage the environment, humans, plants, animals or even damage property. A 1987 amendment to the
act also added ‘noise’ in the list of harmful substance

The air act defines ‘air pollution’ as the presence of any dangerous pollutant that makes the air
unbreathable

Section 2 (g) of the Act also set up the Central Pollution Control Board (CPCB)

To carry out the directives of the CPCB the act also called for the setting up of the State Pollution Control
Board (SPCB) for the individual states of India

Powers and Functions of CPCB

Advising the Central and State Government on matters related to prevention, improvement and control
of Air and Water pollution.

Planning various programs to control and prevent Air & Water pollution

Planning and organising training programs for people involved in activities for the prevention,
improvement and control of Air and Water pollution.

Collecting, compiling, and publishing statistical and technical reports related to Air & Water Pollution.
These reports are used to develop preventive measures to control and reduce pollution.

Preparing manuals, codes and guidelines relating to treatment and disposal of sewage and trade
effluents

The State Pollution Control Boards

The State Governments also have their Pollution Control Boards for example, UPPCB (Uttar Pradesh
Pollution Control Board), DPCC (Delhi Pollution Control Board), HPCB (Haryana State Pollution Control
Board), RPCB (Rajasthan Pollution Control Board), etc.

Powers and Functions of State Boards

To advise the State Government on matter relating to pollution and on ‘siting’ of industries;

To plan programmes for pollution control;

To collect and disseminate information;

To carry out inspection of polluting industries and areas;

To lay down effluent and emission standards; and

To issue consent to industries and other activities for compliance of prescribed emission and effluent
standards

[21/11, 2:20 pm] Maria: Environmental Impact Assessment or EIA is the process through which an
environmental impact of a proposed development is evaluated. It takes into consideration the socio-
economic, cultural, and human health impacts.

The Union Ministry of Environment and Forests (MEF), Government of India, under the Environmental
(Protection) Act 1986, promulgated an EIA notification making Environmental Clearance (EC) mandatory
for expansion or modernisation of any activity or for setting up new projects. This decision was taken on
January 27, 1994.

It covers developmental sectors such as industries, thermal power projects, mining schemes etc.

The main goal of EIA is to conserve the environment and bring out the best combination of economic
and environmental costs and benefits.

The EIA was initially practised by developed nations but slowly it was also introduced in developing
nations including India.

EIA was first introduced in 1978 with regard to the various river valley projects all over the country and
later expanded to include various other developmental procedures in its scope. EIA is now mandatory for
over 30 classes of projects.

Importance of Environmental Impact Assessment

EIA is a good tool for prudent environment management.

It is government-policy that any industrial project in India has to secure EIA clearance from the
Environment Ministry before approval for the project itself.

The EIA Notification, 2006 has categorized the projects into two categories namely; Category ‘A’ and
Category ‘B’ based on their impact potential ͘

Category A projects require mandatory environmental clearance and thus they do not undergo the
screening process.

Category B projects undergoes screening process and they are classified into two types.

Category B1 projects (Mandatorily requires EIA).

Category B2 projects (Do not require EIA).

Thus, Category A projects and Category B, projects undergo the complete EIA process whereas Category
B2 projects are excluded from complete EIA process

The eight steps of the EIA process are presented in brief below:

Screening: First stage of EIA, which determines whether the proposed project, requires an EIA and if it
does, then the level of assessment required.
Scoping: This stage identifies the key issues and impacts that should be further investigated. This stage
also defines the boundary and time limit of the study.

Impact analysis: This stage of EIA identifies and predicts the likely environmental and social impact of the
proposed project and evaluates the significance.

Mitigation: This step in EIA recommends the actions to reduce and avoid the potential adverse
environmental consequences of development activities.

Reporting: This stage presents the result of EIA in a form of a report to the decision-making body and
other interested parties.

Review of EIA: It examines the adequacy and effectiveness of the EIA report and provides the
information necessary for decision-making.

Decision-making: It decides whether the project is rejected, approved or needs further change

Post monitoring: This stage comes into play once the project is commissioned. It checks to ensure that
the impacts of the project do not exceed the legal standards and implementation of the mitigation
measures are in the manner as described in the EIA report.

Case law

In 2013, the Hon’ble Supreme Court in the case of Association for Environmental Protection vs State of
Kerala, held that commencement of projects without obtaining prior EC (environmental clearance) is a
violation of the fundamental right to lifeguaranteed under Article 21 of the Constitution

Conclusion

The natural environment is under tremendous pressure now as a result of manmade activities including
rapid industrialization, mass industry, and forest destruction. EIA tools assist in striking a balance
between the necessity of economic growth and the equally crucial concept of sustainability.

[21/11, 3:47 pm] Maria: Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”. Any matter where the interest of the public at large is affected can be
redressed by filing a Public Interest Litigation in a court of law for issues such as environmental
protection, pollution control, conservation of natural resources, Sustainable development, forest and
wildlife and other matters of public importance.

The Constitution of India recognizes the right to a healthy environment as a fundamental right under
Article 21, which guarantees the right to life and personal liberty. The Constitution also places a duty on
the State to protect and improve the environment under Article 48A and 51A(g).

Several laws and regulations have been enacted to regulate and control environmental degradation in
India. The most significant of these laws include:

The Water (Prevention and Control of Pollution) Act, 1974: This Act provides for the prevention and
control of water pollution by regulating the discharge of pollutants into water bodies.
The Air (Prevention and Control of Pollution) Act, 1981: This Act provides for the prevention, control, and
abatement of air pollution by regulating the emissions of pollutants from industries, vehicles, and other
sources.

The Environmental Protection Act, 1986: This Act provides for the protection and improvement of the
environment and the prevention of hazards to human beings, other living creatures, plants, and
property. It also establishes the Central Pollution Control Board and State Pollution Control Boards to
regulate and control pollution.

The Forest (Conservation) Act, 1980: This Act provides for the conservation of forests and prohibits the
diversion of forest lands for non-forest purposes without the prior approval of the Central Government.

The Wildlife Protection Act, 1972: This Act provides for the protection of wild animals and plants and
regulates hunting, poaching, and trade in wildlife and their products.

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 is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of
the public at large. It is the power given to the public by courts through judicial activism

PILs are filed in the courts to safeguard group interests, not individual interests. before the Supreme
Court under Article 32 of the Constitution of India or the High Courts under Article 226 of the
Constitution of India. The court can treat a letter as a writ petition and take action on it.

However, the person or organisation filing the PIL petition must prove to the court that the PIL is being
filed for an issue concerning public interest and that it will benefit the public at large.

PILs have become a powerful tool to enforce the legal obligation of the legislature and executive. The
primary objective behind PILs is to provide justice to all and promote the welfare of the people.

Importance of public interest litigation

PIL empowers individuals to exercise their rights and obtain justice for any wrongs.

Citizens have the authority to file petitions and take part in the administration of justice in a participatory
democracy. Because there is only a small fixed court cost associated with this, it is less expensive than
the standard process.

It is an important tool in judicial review.

It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc.

PILs are considered to be the most effective and commonly used judicial tool to safeguard the
environment due to their many advantages, including speedy results, nominal court fees, relaxed
procedural rules, and the wide variety of investigative techniques available to courts like special
committees.
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.

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.

[21/11, 3:49 pm] Maria: National Green Tribunal

The National Green Tribunal Act, 2010 was enacted keeping in mind The Rio Conference of1992 and
based on the international environment principles of 'polluter pays principle, and' Sustainable
Development'. This was established to deal with environment related disputes, a speedy disposal of
these cases and giving relief and compensation for damages to persons and property and for matters
connected or incidental thereto.

The National Green Tribunal Act, 2010 (NGT Act).has been enacted with the objectives to provide for
establishment of a National Green Tribunal (NGT) for the effective and expeditious disposal of cases
relating to environment protection and conservation of forests and other natural resources including
enforcement of any legal right relating to environment and giving relief and compensation for damages
to persons and property and for matters connected therewith or incidental thereto.

OBJECTIVES OF NGT

The effective and speedy disposal of the cases relating to environment protection and conservation of
forests and other natural resources. All the previous pending cases will also be heard by the Tribunal.

It aims at enforcing all the legal rights relating to the environment

It also accounts for providing compensation and relief to effected people for damage of property

Power of National Green Tribunal

The NGT has a power to hear all civil matters which are related to environment and questions regarding
the enforcement and implementation of laws which fall under the seven categories of laws namely (in
order of their enactment)

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

2. The Water (Prevention and Control of Pollution) Cess Act,1977;

3. The Forest (Conservation) Act,1980;

4. The Air (Prevention and Control of Pollution) Act,1981; 5. The Environment (Protection) Act,1986; 6.
The Public Liability Insurance Act,1991; 7. The Biological Diversity Act,2002

The NGT has been given the power to regulate the procedure by itself.

It does not follow the principles of civil procedure code instead it follows principles of natural justice.
The NGT also at the time of giving orders shall apply the principals of sustainable development and also
the principal that the one who pollutes shall pay.

It will have the same power as of the civil court in deciding the matter falling within these seven legal
acts. Anything which is not covered under these seven acts the NGT is not competent to admit the suit
for that matter. The major drawback of this limitation is that a person cannot approach the NGT for every
environmental issue.

For instance NGT cannot admit a suit for cutting of trees in a forest even though it is related to
environment. This is because the protection of forest act is not within the jurisdiction of NGT

[21/11, 3:53 pm] Maria: The Precautionary Principle is that Principle which ensures that a substanceor
activity posing a threat to the environment is prevented from adversely affecting it, even if there is no
conclusive scientific proof linking that particular substance or activity to the environmental damage.
2. The two essential ingredients of Precautionary Principle are :

(i) Environmental measures by the State Environment and the Statutory authorities must anticipate.,
prevent and attack the causes of environmental degradation

(ii) Where there are threats of serous and irreversible damage, lack of scientific certainty should may be
used as a reason for postponing measures to prevent environmental degradation.

[21/11, 4:14 pm] Maria: Remedies available under environment pollution

Under Common Law, there are 4 different remedies against pollution, and these are – nuisance,
negligence, trespass and strict liability.

Nuisance includes any act, omission, injury, damage, annoyance or offense to the sense of sight, smell,
hearing or which is of may be dangerous to life or injurious to health or property. Nuisance can be either
private nuisance – interference with a right that is exclusively enjoyed by an individual, or public
nuisance – interference with a right pertaining to public. Since pollution of the environment is an
interference of a right enjoyed by the public the person causing it will be liable for his acts according to
IPC

Eg : the court held that if any noise created out of an activity by an industry crosses the threshold will be
liable for causing nusiance

Negligence, simply put, is the breach of duty of care which results in loss or injury to the person to
whom the duty is owed. Where there is a duty to take care, reasonable care must be taken to avoid acts
or omissions that can be foreseen to cause loss or injury. However, in order to bring a successful claim of
negligence it is imperative to prove both a direct link between the negligent act and the damage caused
and the failure on the respondent to take reasonable care where such care was required.

Ex. the leakage of fumes from a pesticide plant which caused the death of people, to be clear case of
negligence.

3. Trespass is an unlawful interference with one’s property. Trespass is entering someone’s property by
breaching its boundaries without the owner’s permission

Example: the court held that air borne metals deposited on the land of the plaintiff’s land constituted
trespass and damages were asked to be paid

Strict liability: there are five exceptions to the rule of strict liability and these are: act of God, act
committed by a third party, any fault of the plaintiff himself, act committed after obtaining consent of
the plaintiff and act arising out of natural use of the land by the defendant.

absolute liability, polluters pay principles, precautionary principle.

[21/11, 4:36 pm] Maria: One line sentence

1. Environment pollutant- A pollutant is any substance in a solid, liquid, or gaseous state, which when
present in a certain concentration can be injurious to the environment.
2. Global warming is a gradual increase in the earth’s temperature generally due to the greenhouse
effect caused by increased levels of carbon dioxide, CFCs, and other pollutants. “

The change in climatic conditions is a result of global warming. The burning of fossil fuels, cutting down
of trees etc. causes the temperature of the earth to increase. High temperature changes the weather
patterns, causing the dry areas to get drier and wet areas to get wetter.

3. What is the ECOMARK Scheme?

Ans. The Government of India has instituted a scheme for labelling environment-friendly products to be
known as ECO Mark. The scheme is being administered by the Bureau of Indian Standards (BIS).The
products include Soaps and Detergents, Paints, Food Items, lubricating oils, Packaging materials/Package,
Batteries, Electrical and electronic goods, Food Additives, Wood Substitutes, Cosmetics, Aerosols and
Propellants, Plastic Products, Textiles, Fire-extinguisher, Leather and Coir & Coir Products.

4. Coastal Regulation Zones include creeks, bays, seas, rivers, and backwaters that are impacted by tidal
movement up to 500 metres from the High Tide Line, as well as the land between the Low Tide Line and
the High Tide Line (CRZ).

The Coastal Regulation Zone (CRZ) Rules restrict human and industrial activities close to the shoreline, in
order to conserve the delicate ecosystems near the sea. This involves limiting some types of activity
within a particular distance from the shoreline, such as massive constructions, the establishment of new
enterprises, the storage or dumping of hazardous materials, mining, reclamation, and bunding.

5. What Is the Kyoto Protocol?

The Kyoto Protocol was an international agreement that aimed to reduce carbon dioxide emissions and
the presence of greenhouse gases in the atmosphere.

The Kyoto Protocol was created in response to concerns surrounding climate change.

On December 11th, 1997, the Kyoto Protocol was signed in Kyoto, Japan.

The Kyoto Protocol is a United Nations Framework Convention on Climate Change(UNFCCC) agreement.

6. Acid rain Is defined as the rain that consists of highly acidic water that is formed by the reaction with
gases like sulfur dioxide and nitrogen dioxides to form nitric and sulphuric acids. These gases are
common pollutants that enter the atmosphere from the burning of fossil fuels. The major components of
acid rain are nitric acid, sulphuric acid, and carbonic acid.

7. Public Trust Doctrine’ is the principle that certain resources are preservedfor public use, and that the
Environment is required to maintain them for the reasonable use of the public. State is the ‘Trustee’ of
all natural resources which are by nature meant for public use and enjoyment.

2. The ‘Doctrine of Public Trust’ imposes the following three kinds ofrestrictions on the state :

(a) The property must not only be used for a public purpose, it must be available for use by the
general public;

(b) The property must not be sold, even for fair cash equivalent; and
(c) The property must be maintained for particular king of uses, such as navigation, recreation, or
fishery.

8. Occupier under epa- In respect of any factory or premises, it refers to the person who is in control
over the affairs of the factory or premises, and in respect of any substance, it refers to the person who is
in possession of that substance.

Occupier under waters act

occupier”, in relation to any factory or premises, means the person who has control over the affairs of
the factory or the premises, and includes, in relation to any substance, the person in possession of the
substance

9. A carbon credit is a permit that allows the holding company to release a certain amount of carbon
dioxide or other greenhouse gases.

A carbon credit equals one ton of hydrocarbon fuel as indicated

The objective is to reduce the number of credits over time, thus motivating businesses to find creative
ways of reducing greenhouse gas emissions 10. An environmental audit helps organizations assess their
impact on the environment. Auditors review the company's energy consumption, waste management,
and pollution practices. By doing this, companies can identify areas to improve their environmental
behaviour. And reduce their impact on the planet.

Both internal and external auditors can conduct environmental audits. An organization's own staff
performs internal audits. While independent third-party auditors carry out external audits. External
audits are usually more rigorous and assess an organization's environmental performance.

10. Environmental audits cover a range of environmental issues. Such as air and water pollution, waste
management, energy efficiency, and carbon footprint. They also evaluate an organization's
environmental policies, procedures, and training programs. To ensure compliance with environmental
regulations and best practices.

By identifying areas for improvement, organizations can develop targeted strategies. And initiatives to
reduce their environmental impact and enhance their sustainability performance.

11. Disaster management

disaster is defined as a disruption on a massive scale, either natural or man-made, occurring in short or
long periods

The National Disaster Management Authority is the main authority to deal with disaster management in
India, headed by the Prime Minister.

Disaster Management, under Section 2(e) of the Disaster Management Act means “a process of
planning, organising, coordinating, and implementing measures” necessary for

Prevention,

Mitigation or reduction of its risk,

Capacity-building,

Preparedness to deal with the disaster,

Quick response to any threatening disaster,

Accessing its severity and the magnitude of its effects,

Rescue and relief,

Rehabilitation.

12. protected areas means Sanctuary, National Parks, Conservation Reserves, Community Reserves and
Tiger Reserves.

13. As per the Indian Forest Act of 1878, the forests in India were divided into 3 different categories.

Reserved Forests

Protected Forests

Village Forests

Villagers could not take anything from the Reserved Forests for their own use. Villagers could use the
forest products only from the village forests and protected forests, either to build their house or for fuel.

14. Reserved Forests: Reserve forests are the most restricted forests and are constituted by the State
Government on any forest land or wasteland which is the property of the Government.

In reserved forests, local people are prohibited, unless specifically allowed by a Forest Officer in the
course of the settlement.

15. Protected Forests: The State Government is empowered to constitute any land other than reserved
forests as protected forests over which the Government has proprietary rights and the power to issue
rules regarding the use of such forests.

This power has been used to establish State control over trees, whose timber, fruit or other non-wood
products have revenue-raising potential.

16. Village forest means When the Government assigns any reserved forest or any other land to the
village community for their use that piece of land is classified under village forest lands. As according to
the Act, the State Government makes rules for regulating the management of these forests

17. Taxidermy is a way of preparing, stuffing and/or mounting an animal for display or study. It usually
involves arranging an animal's real skin over a fake body to make the animal look alive!

Some animals in the Museum – like birds and mammals – are preserved by removing the soft insides of
the animal’s body and preparing and stuffing the skins. This process of keeping the outside of an animal’s
body and filling the insides to preserve the animal is called taxidermy.

Collections are an essential part of a museum’s research and education functions and also serve an
important role in environmental conservation
18. The property which belongs to no one, (res nullius),Wild animals , stray dog and cats are regarded as
res nullius, and as not being the subject of private property until reduced into possession by being killed
or captured.

19.uncured trophy" means the whole or any part of any captive animal or wild animal, other than
vermin, which has not undergone a process of taxidermy, and includes a [freshly killed wild animal,
ambergris, musk and other animal products];

(Vermin are small animals such as rats and mice which cause problems to humans by carrying disease
and damaging crops or food.)