Meaning of Environment

Environment has been derived from a French word “Environia” means to surround. It other
words it refers to both abiotic (physical or non-living) and biotic (living) environment. In
other words, environment can be defined as the sum total of all conditions which surround
man at a given point in space and time.

In layman’s words, environment refers to the physical elements. It includes the land, water
and air. It is the living ecosystem that maintains the existence of human life. Destruction of
the environment can lead to various calamities. In order to prevent such disaster or calamities,
laws are implemented to protect the environment for the livelihood of present and future
generations.

Section 2 (a) of the Environment (Protection) Act 1986 defines “Environment as follows:
“Environment includes water, air and land and the inter-relationship which exists among and
between water, air and land and human beings, other living creatures, plants, micro-organism
and property”.

The complex term environment infers to conditions that influence living and nonliving
organisms including plant life, air, water, sunlight etc., life and sources of life. Environment
in its wide connotation also includes temperature, wind, electricity etc.

ep_act_1986.pdf (indiacode.nic.in)
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Global Environmental Issues

Climate Change: Climate change, primarily driven by greenhouse gas emissions, is a

pressing global concern. Environmental law plays a crucial role in mitigating climate change
through regulations on emissions, renewable energy promotion, and international agreements
like the Paris Agreement. It also supports adaptation measures and encourages sustainable
practices to minimize the impact on ecosystems and human societies.

Biodiversity Loss: The rapid decline of biodiversity due to habitat destruction,

overexploitation, pollution, and climate change threatens ecosystems' stability.
Environmental law incorporates measures such as protected areas, species preservation, and
international treaties like the Convention on Biological Diversity to safeguard biodiversity. It
also regulates activities like logging, fishing, and trade in endangered species.

Deforestation: Widespread deforestation contributes to climate change, loss of biodiversity,

and habitat destruction. Environmental laws focus on regulating land use, promoting
sustainable forestry practices, and combating illegal logging. International initiatives like the
Forest Stewardship Council certification encourage responsible forest management.

Water Scarcity and Pollution: Water scarcity and pollution affect communities globally.
Environmental law establishes frameworks for water resource management, pollution control,
and access to clean water. It regulates industrial discharges, promotes water conservation, and
facilitates international agreements such as the Water Framework Directive in the European
Union.

Waste Management: The escalating production of waste, including plastics and electronic
waste, strains ecosystems and poses health risks. Environmental laws address waste
management through regulations on recycling, landfill management, and waste reduction.
They also encourage extended producer responsibility, where manufacturers are responsible
for the lifecycle of their products.

Air Pollution: Air pollution from industrial activities, transportation, and energy production
contributes to health problems and environmental degradation. Environmental law sets
emission standards, promotes cleaner technologies, and encourages the adoption of renewable
energy sources. International agreements like the Montreal Protocol target the reduction of
ozone-depleting substances.

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Environmental Issues Faced in India
The main environmental issues faced in India are pollutions namely air pollution, water
pollution, noise pollution, disposing chemical waste improperly, leakage of harmful gases,
etc. are just few among the environmental problems.
Pollutions refer to imbalance caused in the environment through the actions of humans. This
imbalance can lead to health-related issues which can affect the future generations. It is
caused by man-made activities. It is necessary to protect the environment because the present
generations are mere care-takers of the future generations. It is their responsibility to give the
earth to the future in a proper and healthy manner. Let us try to understand the different types
of pollution and their effects on the environment.

Air Pollution:

“Air pollution is the release of pollutants such as gases, particles, biological molecules, etc. in
to the air that is harmful to human health and the environment.” In other words, it refers to
the contamination of air by harmful gases, dust and smoke which affect biotic and abiotic
things. It is necessary to maintain the correct amount of gases present in the atmosphere such
as 78% of nitrogen, 21% of oxygen and the remaining is other gases. When there is an
increase of other gases in the atmosphere it can result in global warming, ozone layer
depletion, cancer diseases, breathing issues, skin problems, acid rains, asthma, etc.
For example: Delhi is the existing example of air pollution. It causes a new weather in Delhi
know as smog which is a mixture of smoke (emitted from vehicles, factories and other
sources) and fog. It causes serious health issues for the people living there.

Noise/Sound Pollution

Noise pollution refers to that unwanted sound that interferes with a person’s peaceful
existence. India is a developing country. Movement of people and goods for such economic
and urban development is necessary. As a result, there is immense noise produced by the
trains, buses, vehicles, trucks, airplanes, huge rallies for various reasons, etc. In residential
areas we can hear loud music played by residents. High noises levels can lead to
cardiovascular and permanent hear impairment. It can even cause change in the behavioural
aspect of a person. It can cause stress, lack of sleep, and other harmful effects on the health of
an individual. Moreover, this earth not only belongs to humans. Loud noises can frighten
animals as well; it can cause sudden heart attacks to such animals.

Water Pollution

Water pollution is the contamination of water bodies with man-made affluents, chemicals,
waste, etc. Such disposal is harmful for humans and the living organisms in such water-
bodies. There are instances of where the court has stopped an industry from functioning due
to improper disposable of waste in the locality. The effect of water pollution often leads to
death, skin rashes, pinkeye, respiratory infections, tuberculosis, etc. Three-fourth of the Earth
is covered with water. But less than 1% of the earth’s freshwater is accessible to us.

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Land Pollution

This pollution is on-process and the effects such pollution will be evident at an unexpected
situation. The land is abused and deteriorating constantly. This is caused by the solid wastes,
untreated chemical affluents, etc. In other words, it is the degradation or destruction of the
soil and groundwater.

Solid Wastes Pollution

Wastes are the materials that are not needed and are economically unusable without further
processing. ‘Solid wastes’ includes agricultural wastes, ashes, bio-medical wastes, body parts
of dead animals, dry or wet garbage from domestic activities which may contain plastics,
metals, woods, glass, paper, detergents, industrial wastes, mining wastes etc.

Food Pollution (Food Adulteration)

All living beings require food to obtain energy from which they carry on their daily activities.
If the food consumed is polluted or adulterated it will have injurious effects on the
consumer’s health. The pollution of food begins by use of chemical fertilizers and various
pesticides at different stages of plant growth. These chemicals directly or indirectly affect the
quality of food and affects health of the consumer. Food also gets polluted during processing,
storage, packaging and transportation.

Thermal Pollution

Temperature plays an important role in determining the conditions in which living organisms
can survive. Any undesirable, harmful change in natural temperature disturbing the natural
heat balance of the surroundings is called ‘Thermal Pollution’.

Nuclear (Radioactive) Pollution

One of the most important and dangerous types of pollution is ‘nuclear pollution’. ‘Nuclear
pollution’ is produced by nuclear explosion which are carried out for performing nuclear tests
and which is further used for making nuclear weapons. Due to these explosions about 15 to
25% of the radioactive particles enter into the atmosphere. Once they enter into the
atomsphere they continue to fall on the earth for several years. The best example is the
Hiroshima Atomic Bombings.

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Evolution of Environmental Laws

Pre-Independence Era Environmental Law

The necessity of environmental hygiene is seen from the historical evidences of Indus valley
civilisation where there is ventilated houses, proper drainage systems, etc. This continues till
the current era. But proper legislations were established during the British era i.e. 1800-1947
AD. The following are the legislations:-

1. Shore Nuisance (Bombay and Kolaba) Act, 1853

2. Merchant Shipping act, 1858
3. Offences that pollute the environment were included in the Indian Penal Code, 1860
and it was punishable under Chapter XIV of the code.
4. The Fisheries Act, 1897
5. The Bengal Smoke Nuisance Act, 1905
6. The Bombay Smoke Nuisance Act, 1912
7. Wild Birds and animals Protection Act, 1912
8. Indian Forest Act, 1927

Post-independence Era Environmental Law

When India got independence from British Rule, India formed its own constitution by 1950
but the leaders of the country gave more priority to the economic development and
elimination of poverty in the country. As a result, the constitution did not deal much about the
environmental aspects. It was only in 1972, during a United Nations Conference on Human
Environment held at Stockholm led to adoption of various measures to preserve the
environment and prevent pollution. Accordingly, Indian Parliament inserted two Articles, i.e.,
48A and 51A in the Constitution of India in 1976.

 Article 48 A states that the State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country.
 Article 51A: This article mentions the Fundamental Duties that should be followed by
the citizens. It also mentions to protect and improve the natural environment including
forest, lakes, rivers and wildlife, and to have compassion for living creatures.
 Apart from these two articles, Article 21 of the constitution includes the right to clean
and healthy environment.

The National Council for Environmental Policy and Planning was set up in 1972 which was
later evolved into Ministry of Environment and Forests (MoEF) in 1985.

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The various legislations that came post-independence are as follows-

 The Prevention of Air and Water Pollution, 1974, 1981. It was in this act that the
Central Pollution Control Board (CPCB) was constituted.
 The Forest Conservation Act, 1980. It was enacted by the Central govt to provide
conservation of forests and matters connected with deforestation
 The Air Prevention and Control of Pollution, 1981.
 The Environmental Protection Act, 1986. It came into force soon after the Bhopal Gas
Tragedy.
 The Environmental Conservation Act. 1989.
 The National Environmental Tribunal, 1995.
 National Environmental Appellate Authority Act, 1997.
 National Environment Management Act (NEMA), 1998
 Handling and Management of Hazardous Waste Rule in 1989.
 The Public Liability Insurance Act (Rules and Amendment), 1992

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Case Laws That Shaped Environmental Laws
Chipko Movement, 1973:
A major impact of the Chipko movement or the Chipko andolan was that it prompted the
Union government to amend the Indian Forest Act, 1927, and introduced the Forest
Conservation Act 1980, which says forest land cannot be used for non-forest purpose.

CHIPKO MOVEMENT:
i. Also called Chipko andolan, nonviolent social and ecological movement by rural villagers,
particularly women, in India in the 1970s, aimed at protecting trees and forests slated for
government-backed logging. The movement originated in the Himalayan region of Uttar
Pradesh (later Uttarakhand) in 1973 and quickly spread throughout the Indian Himalayas.
The Hindi word chipko means “to hug” or “to cling to” and reflects the demonstrators’
primary tactic of embracing the trees to impede the loggers. In addition to this, Satyagraha
was also used as a tool to show their protest.

ii. The movement’s major success came in 1980, when an appeal was filed to Indian Prime
Minister Indira Gandhi resulted in a 15-year ban on commercial felling in the Uttarakhand
Himalayas. Similar bans were enacted in Himachal Pradesh and the former Uttaranchal.

iii. As the movement continued, protests became more project-oriented and expanded to
include the entire ecology of the region, ultimately becoming the “Save Himalaya”
movement to prevent not just the felling of the trees but also quarrying and other activities
that had a detrimental effect on the environment.

iv. In 2004 Chipko protests resumed in response to the lifting of the logging ban in Himachal
Pradesh but were unsuccessful in its re-enactment.

M.C. Mehta v. Union of India & Ors.

(AIR 1987 SC 1086) Writ Petition (Civil) No. 12739 of 1985
Shriram Food Fertilizer Case/ Oleum Gas Leak Case
This case deals with the leakage of oleum gas leaks on 4 th and 6th of December, 1985. This
came immediately after the Bhopal Gas Tragedy case where many people died. As a result,
there was a need to develop a new rule under Strict Liability without exceptions. This came
to be known as Absolute Liability. This case led to the formation of Environment Protection
Act, 1986.

M.C. Mehta v. Union of India & Ors.

(AIR 1997 SC 734) Writ Petition (Civil) No. 13381 of 1984
Taj Trapezium Case
The Supreme Court instructed the coal and coke industries that surrounded Taj Mahal should
take alternative measures or else they should shift their industries to some other place. This
measure was taken as a result of change in colour of India’s famous tourist destination, Taj
Mahal. At the same time the quality of air, water and land started being harmful for the
residents of the area. It was essential to protect the rights of people enshrined in Article 21.

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M.C. Mehta v. Union of India & Ors.
(AIR 1988 SC 1037) Writ Petition (Civil) No. 3727 of 1985
Ganga Pollution Case/ Kanpur Leather Tanneries Case
In 1985, M.C. Mehta filed a writ petition in the form of mandamus to prevent leather
tanneries from disposing of the domestic and industrial waste and effluents in the Ganga
River. The Supreme court stated that Article 51-A of the Constitution of India imposes a
fundamental duty on every citizen to protect and improve the natural environment, including
forests, lakes, rivers, and wildlife. The Court also stated the importance of the Water
(Prevention and Control of Pollution) Act, 1974 (the Water Act). This act was passed to
prevent and control water pollution and maintaining water quality. This act established
central and stated boards and conferred them with power and functions relating to the control
and prevention of water pollution.

Indian Council for Enviro-Legal Action v. Union of India

Writ Petition No. 967 of 1989
Ground Water Pollution Case
A PIL was filed under Article 32 for the violation of Article 21. Various protests occurred
over the presence of industries causing large scale environmental pollution and endangering
the lives of the villagers who resided in the vicinity of the industries. The SC initiated instant
action and ordered Central Govt to constitute strict measures against the said industries. It
upheld the doctrine of Absolute Liability stating that the polluted environment must be
restored to pollution free for the healthy living by utilising anti-pollution scientific
appliances. The industries were liable for monetary damages for restoration of the
environment.

Vellore Citizen’s Welfare Forum v. Union of India

(AIR 1996 SC 2715) Writ Petition (Civil) No. 914 of 1991
Tamil Nadu Tanneries Case
The petition was filed against the excessive pollution caused by the tanneries and other
industries in the State of Tamil Nadu in the River Palar. This river is the main source of
drinking and bathing water for the surrounding people. The Supreme Court directed that all
attempts should be taken to improve the situation and guided all the Tanneries to submit a
Rs.10,000 as fine in the Collector’s office. The Court additionally coordinated the State of
Tamil Nadu to grant M. C. Mehta with an entirety of Rs. 50,000 as gratefulness towards his
endeavours for the security of the Environment.

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Conclusion
Environmental issues are the various issues which are related to causing harmful effects on
our earth’s atmosphere and climate. Environmental justice is a social movement to address,
unfair exposure to our natural resource extraction, hazardous waste, and other damaging land
use. Environmental issues have resulted in climate change and extreme pollution destroying
flora and fauna. If it continues it is possible that various natural resources, species, and even
human beings may go extinct.

Environmental issues pose significant challenges globally, requiring urgent attention and
collective action. Climate change, biodiversity loss, pollution, deforestation, water scarcity,
and waste management are among the pressing concerns affecting ecosystems, human health,
and sustainable development.

To address these challenges, robust environmental laws and regulations are essential.
Governments play a crucial role in establishing and enforcing such laws, which aim to
mitigate environmental degradation, promote sustainable practices, and protect natural
resources. International cooperation and agreements, along with global summits and
programs, provide platforms for collaboration, knowledge sharing, and the development of
strategies to tackle environmental issues collectively.

However, addressing environmental issues requires more than just legal frameworks. It
necessitates a comprehensive approach that involves all stakeholders, including governments,
businesses, civil society, and individuals. Education, awareness, and behavioral changes are
crucial for promoting sustainable practices and responsible environmental stewardship.
The urgency to address environmental issues is clear. It requires long-term vision, innovation,
and commitment to ensuring a sustainable future for current and future generations. By taking
proactive measures, implementing effective policies, and embracing sustainable development
principles, we can mitigate the adverse impacts of environmental issues and work towards a
healthier, cleaner, and more resilient planet.

Environment is an essential element in the lives of humans. Destruction of environment can

affect the livelihood of the people. Environmental laws are essential to protect the
environment from exploitation of man-made activities. It ensures and provides guidelines to
the people on conducting activities that might harm the environment. The laws are amended
according to the problems faced by the country. Environment laws are not constant, they are
evolving concept. The legislation and judiciary have contributed and shown great concern
regarding environmental laws by passing important legislations and landmark judgements
respectively. Before looking into the legislations enacted under environmental laws, let us try
to understand the meaning of environment.

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References
 Environmental Laws – Notes, Case Laws And Study Material (legalbites.in)
 Introduction to Environment and Environmental Law (lawbhoomi.com)
 Environmental Law and Practice in India| Practical Law (thomsonreuters.com)
 338_Introduction_To_Law_Eng_L26.pdf (nios.ac.in)

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