Notes Environmental Law, LL. B. I Sem.

II

Environmental Law
(as per syllabus of Shivaji University, Kolhapur)
(for Academic purpose and for private circulation only)

Edited and Prepared by

Mahendra Subhash Khairnar
Asst. Professor
Bharati Vidyapeeth‘s Yashwantrao Chavan Law College, Karad

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Notes Environmental Law, LL. B. I Sem. II

Index
Sr. No. Particulars Page No.
1. Cover page 1
2. Index 2
3. Syllabus 3
4. Question 5
Define the term ‗environment‘ and ‗pollution‘ under
different acts in India.
5. Short note - Indian tradition: Dharma of environment 9
6. Question 10
Environment and the Constitution of India
7. Short note- Polluter Pays Principle 12
8. Question 14
What is Sustainable Development- Discuss In Detail?
9. Short Note- The precautionary principle 16
10. Question 17
What are the Salient Features of the Environment
Protection Act, 1986?
11. Short note - Disaster Management 20
12. Question 22
What is mean by Environment Impact Assessment? What
are the methods of EIA?
13. Short note - The Wild Life (Protection) Act, 1972 25
14. (May be separate question ) 26
Constitution of the National Board for Wild Life Under
the Wild Life (Protection) Act, 1972
15. Short note - State Board for Wild Life 27
16. (may be separate question) 28
Constitution of Central Zoo Authority under the Wild
Life (Protection) Act, 1972
17. Short note - Stockholm Conference 30
18. Question 31
Write a full note on importance of The Earth Summit or
Rio Declaration.
19. Short note - Write about Animal welfare Board 37

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Notes Environmental Law, LL. B. I Sem. II

Paper No. IV
ENVIRONMENTAL LAW
Syllabus

Unit 1- Concept of Environmental and Pollution

1.1 Meaning and definition of environment and pollution under different acts
1.2 Kinds of pollution
1.3 Effects of pollution
1.4 Causative factors of pollution

Unit 2 Historical perspectives of environment and pollution

2.1 Indian tradition : Dharma of environment
2.2 British Raj – Industrial development and exploitation of nature
Nuisance : penal code and procedural codes
2.3 Free India – continuance of British
influence Old laws and new interpretations

Unit 3- Constitutional Perspectives

3.1 Constitution making – development and property oriented
approach
3.2 Directive principles
3.2.1 Status, role and interrelationship with fundamental rights and
fundamental duties
3.3 Fundamental Duty
3.3.1 Contents
3.3.2 Judicial approach
3.4 Fundamental rights
3.4.1 Right to clean and healthy environment
3.4.2 Right to education
3.4.3 Right to information
3.4.4 Environments v. Development
3.5 Enforcing agencies and remedies
3.5.1 Courts
3.5.2 Tribunal
3.5.3 Constitutional, statutory and judicial remedies
3.6 Emerging principles
3.6.1 Polluter pays : public liability insurance
3.6.2 Precautionary principle
3.6.3 Public trust doctrine
3.6.4 Sustainable development

Unit 4- Water and Air Pollution

4.1 Meaning and standards
4.2 Culprits and victims
4.3 Offences and penalties
4.4 Judicial approach

Unit 5- Noise Pollution

5.1 Legal control
5.2 Courts of balancing : permissible and impermissible noise

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Notes Environmental Law, LL. B. I Sem. II

Unit 6- Environment Protection

6.1 Protection agencies : power and functions
6.2 Protection: means and sanctions
6.3 Emerging protection through delegated legislation
6.3.1 Hazardous waste,
6.3.2 Bio – medical waste
6.3.3 Genetic engineering
6.3.4 Disaster emergency preparedness
6.3.5 Environment impact assessment
6.3.6 Coastal zone management
6.3.7 Environment audit and eco mark
6.4 Judiciary : complex problems in administration of environmental
justice

Unit 7- Forest and greenery

7.1 Greenery conservation laws
7.1.1 Forest conservation
7.1.2 Conservation agencies
7.1.3 Prior approval and non-forest purpose
7.1.4 Symbiotic relationship and tribal people
7.1.5 Denudation of forest : judicial approach
7.2 Wild life Protection
7.2.1 Sanctuaries and national parks.
7.2.2 Licensing of zoos and parks.
7.2.3 State monopoly in the sale of wild life and wild life articles
7.2.4 Offences against wild life
Unit 8 - International regime
8.1 Stockholm conference
8.2 Green house effect and ozone depletion
8.3 Rio conference
8.4 Bio – diversity
8.5 U. N. declaration on right to development
8.6 Wetlands

Unit 9- Prevention of cruelty to animals

9.1 Animal welfare Board
9.2 Cruelty to Animals Generally
9.3 Experimentation on Animals
9.4 Performing animals

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Notes Environmental Law, LL. B. I Sem. II

Question

Define the term ‘environment’ and ‘pollution’ under different acts in India.

Answer

Introduction

Body of rules and regulations, and orders and statutes, concerned with the
maintenance and protection of the natural environment of a country. It provides
basis for measuring and apportioning liability in cases of environmental crime
and the failure to comply with its provisions.

Key policies relating to the environment in India

There are three key policies relating to environmental protection in India. They
are:
 The National Forest Policy, 1988
 Policy statement for Abatement of Pollution, 1992
 National Conservation Strategy and Policy Statement on Environment and
Development, 1992

The different statutes / legislations enacted in India exclusively for

environmental protection

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

 The Water (Prevention and Control of Pollution) Cess Act, 1977
 The Air (Prevention and Control of Pollution) Act, 1981
 The Environment (Protection) Act, 1986

Definition - Environment
According to Section 2(a) of the Environmental Protection Act, 1986,
‗Environment‘ includes;
a) Water, air and land
b) The inter-relationship which exists among and between,
i) water, air, land, and
ii) human beings, other living creatures, plants, microorganisms and property

Definition - Environmental pollution

Environmental pollution means the presence in the environment of any

environmental pollutant;

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Notes Environmental Law, LL. B. I Sem. II

―Environmental Pollutant‖ means any solid, liquid or gaseous substance present

in such concentration as may be, or tend to be injurious to environment.

The Constitution of India

The Constitution of India also provides for the protection of the environment.
Article 48A of the Constitution specifies that the State shall endeavor to protect
and improve the environment and to safeguard the forests and wildlife of the
country. Article 51 A further provides that every citizen shall protect the
environment.

Kinds of pollution
There are eight different types of pollution:
 Water Pollution.
 Air Pollution.
 Soil Pollution.
 Thermal Pollution.
 Radioactive Pollution.
 Noise Pollution.
 Light Pollution.

Water Pollution

Water pollution is the contamination of the water on Earth. It includes

contamination by pollutants such as chemical, bacterial or particulate that
reduces the purity of the water. Oil seepage as well as littering is one of the most
common forms of pollution. Water pollution occurs in lakes, oceans, rivers and
even underground reservoirs.

Air Pollution

Air pollution is the contamination of the natural air by mixing it with different
pollutants such as harmful fumes and chemicals. This contamination can be
caused by gases emitted by vehicles or from burning material or harmful fumes
emitted as a byproduct of industries.

Soil Pollution

Soil pollution, also known as land pollution is the contamination of the soil or
the land that prevents growth of natural life, which includes land used for
cultivating, wildlife as well as habitation.

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Notes Environmental Law, LL. B. I Sem. II

Thermal Pollution

Thermal pollution is when the temperature increases in a particular area over

time. This heat is often caused by air pollution and the release of carbon gasses
in that area that traps more heat on the Earth.

Radioactive Pollution

This is one of the most dangerous forms of pollution as it is extremely harmful

and can even result in death. This type of pollution has risen in the 20th century
with the rise of atomic physics and nuclear weapons.

Noise Pollution

Noise pollution is the loud noises that is created by human activity that disrupts
the standard of living in the affected area. Pollution can stem from things such as
traffic, railroads, concerts, loud music, airplanes, fireworks etc

Light Pollution

Light pollution is the over illumination of a certain area. It is considered

pollution especially when it interferes with astronomical observation. The most
common way to determine if an area is polluted is to look at the stars, if you can
see them your area is not so polluted. Pollution includes large lighted cities,
billboards and other advertising, and nighttime entertainment.

Effects of Pollution

1. Environment Degradation : Environment is the first casualty for increase in

pollution weather in air or water. The increase in the amount of CO2 in the
atmosphere leads to smog which can restrict sunlight from reaching the earth.
Thus, preventing plants in the process of photosynthesis.

2. Human Health : The decrease in quality of air leads to several respiratory

problems including asthma or lung cancer. Chest pain, congestion, throat
inflammation, cardiovascular disease, respiratory disease are some of
diseases that can be causes by air pollution.

3. Global Warming : The emission of greenhouse gases particularly CO2 is

leading to global warming. Every other day new industries are being set up, new
vehicles come on roads and trees are cut to make way for new homes.

4. Ozone Layer Depletion: Ozone layer is the thin shield high up in the sky that
stops ultra violet rays from reaching the earth. As a result of human activities,

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 Notes Environmental Law, LL. B. I Sem. II

chemicals, such as chlorofluorocarbons (CFCs), were released int to the

atmosphere which contributed to the depletion of ozone layer.

5. Infertile Land : Due to constant use of insecticides and pesticides, the soil
may become infertile. Plants may not be able to grow properly. Various forms of
chemicals produced from industrial waste is released into the flowing water
which also affects the quality of soil.

Causes of pollution

Human beings largely depend on their environment for survival and that is why
it is highly encouraged that each one avoids activities that may cause pollution.
Below are some of the major causes of pollution.

 Mining: when mining activities take place, heavy machinery causes a release
of dust and other fumes into the atmosphere. This may result in toxicity of air
within the region.

 Agricultural activities: human beings rely on agriculture for food. However,

certain agricultural activities like spraying of chemicals to get rid of parasites
may end up causing pollution to the air.

 Poor waste disposal: poor waste disposal is regarded as one of the major
causes of pollution because it is widely practiced. Both industries and
individual human beings contribute to this cause.

 Industrial Emissions: in the process of creating products to be used for

various issues, industries end up emitting large quantities of toxic wastes and
fumes which end up causing pollution.

 Fossil fuels: petroleum and coal are among some of the leading causes of
fossil fuel pollution.

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Notes Environmental Law, LL. B. I Sem. II

Short note - Indian tradition: Dharma of environment

Answer

Introduction

Hinduism contains numerous references to the worship of the divine in nature in

its Vedas, Upanishads, Puranas, Sutras and its other sacred texts.

Millions of Hindus recite Sanskrit mantras daily to revere their rivers, mountains,
trees, animals and the earth. Although the Chipko (tree-hugging) Movement is
the most widely known example of Hindu environmental leadership, there are
examples of Hindu action for the environment that are centuries old.

Environment concern

The diverse theologies of Hinduism suggest that:

• The earth can be seen as a manifestation of the goddess, and must be

treated with respect.
• The five elements — space, air, fire, water and earth — are the foundation
of an interconnected web of life.
• Dharma — often translated as ―duty‖ — can be reinterpreted to include
our responsibility to care for the earth.
• Simple living is a model for the development of sustainable economies.
• Our treatment of nature directly affects our karma.

Protecting the environment is part of Dharma. Dharma, one of the most

important Hindu concepts, has been translated into English as duty, virtue,
cosmic order and religion. In Hinduism, protecting the environment is an
important expression of dharma.

The earth — Devi — is a goddess and our mother and deserves our devotion
and protection. Many Hindu rituals recognize that human beings benefit from
the earth, and offer gratitude and protection in response. Many Hindus touch the
floor before getting out of bed every morning and ask Devi to forgive them for
trampling on her body.

Non-violence — ahimsa — is the greatest dharma. Ahimsa to the earth

improves one‘s karma.

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Notes Environmental Law, LL. B. I Sem. II

Based on this doctrine of ahimsa, many observant Hindus oppose the

institutionalized breeding and killing of animals, birds and fish for human
consumption.

Question
Environment and the Constitution of India

Answer

Introduction

The constitution of India is not an inert but a living document which evolves and
grows with time. The preamble to our constitution ensures socialist pattern of the
society and dignity of the individual. Decent standard of living and pollution free
environment is an important attribute of life.

Constitutional provisions

Part III

The Constitution of India under part III guarantees fundamental rights. Right to
environment is also a right without which development of individual and
realisation of his or her full potential shall not be possible. Articles 21, 14 and 19
of this part have been used for environmental protection.

Article 21 guarantees fundamental right to life. Right to environment, free of

danger of disease and infection is inherent in it. Right to healthy environment is
important attribute of right to live with human dignity.

Part IV

Article 39(e), 47 and 48-A of the Directive Principles of State Policy have a
definite bearing of environmental problems. They, by themselves and
collectively impose a duty on the State to secure the health of the people,
improve public health and protect and improve the environment.

Article 48A- Protection and improvement of environment and safeguarding of

forests and wildlife. The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country.

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Notes Environmental Law, LL. B. I Sem. II

Part IV A

The chapter on fundamental duties of the Indian Constitution clearly imposes

duty on every citizen to protect environment. Article 51-A (g), says that ―It shall
be 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.‖

Healthy environment is also one of the elements of welfare state. Article 47

provides that the State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as among
its primary duties.

Case laws – Judicial view towards environment protection

Article 21 has received liberal interpretation from time to time after the decision
of the Supreme Court in Maneka Gandhi vs. Union of India, (AIR 1978 SC 597).

Rural Litigation and Entitlement Kendra vs. State, AIR 1988 SC 2187 (Popularly
known as Dehradun Quarrying Case). It is the first case of this kind in India,
involving issues relating to environment and ecological balance in which
Supreme Court directed to stop the excavation (illegal mining) under the
Environment (Protection) Act, 1986.

In M.C. Mehta vs. Union of India, AIR 1987 SC 1086 the Supreme Court treated
the right to live in pollution free environment as a part of fundamental right to
life under Article 21 of the Constitution.

In PA Jacob vs. The Superintendent of Police Kottayam, AIR 1993 Ker 1, the
Kerala High Court held that freedom of speech under article 19 (1)(a) does not
include freedom to use loud speakers or sound amplifiers. Thus, noise pollution
caused by the loud speakers can be controlled under article 19 (1) (a) of the
constitution.

Public Interest Litigation under Article 32 and 226 of the constitution of India-

In Vellore Citizens Welfare Forum vs. Union of India (1996) 5 SCC 647, the
Court observed that ―the Precautionary Principle‖ and ―the Polluter Pays
Principle‖ are essential features of ―Sustainable Development.‖

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Notes Environmental Law, LL. B. I Sem. II

Short note- Polluter Pays Principle

Answer

Introduction

Polluter Pays Principle is a globally well recognized and a much celebrated

environmental law principle. The primary function of the Principle is that it helps
in allocating the costs and repairing the damage, between different stakeholders,
for the harm caused by them to the environment.

Meaning

The polluter pays principle is essentially based on a common-sense approach for

the mitigation of environmental degradation. It simply means that s/he who
damages the environment should bear the cost of rectifying that damage.

Object

In the event of environmental pollution, the principle can be applied to require

the producer and/or resource user to meet the costs of implementing an
environmental standard.

Scope

The Polluter pays principle originates from the economic theory of the
―internalization of externalities‖, which imposes on the polluters the social costs
borne by public authorities responsible for inspecting, monitoring and controlling
pollution.

Historical background

The Polluter pays principle was first referred to at the international level
explicitly in 1972 in a Council Recommendation on Guiding Principles
Concerning the International Economic Aspects of Environmental Policies of the
Organisation for Economic Co-operation and Development (OECD).

International arena

The principle was subsequently endorsed in 1973 when the European

Community (EC) adopted a program of action on the environment.

The polluter pays principle was also adopted in the ASEAN Agreement on
Conservation on Nature and Natural Resources adopted in 1985.

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Notes Environmental Law, LL. B. I Sem. II

The United Nations Conference on Environment and Development, 1992 in

Principle 15 incorporates the polluter pays principle.

Indian scenario

In Indian environmental jurisprudence, the ‗polluter pays‘ principle includes

environmental costs as well as direct costs to people or property.

The Supreme Court of India inexplicitly applied the principle in the case of M.C.
Mehta v. Union of India in the year 1986. It was declared by the court that ‗we
have to evolve new principles and lay down new norms, which would adequately
deal with the new problems which arise in a highly industrialized economy‘.

It was for the first time in Indian Council for Enviro-Legal Action v. Union of
India, that the court explicitly applied this principle. It was declared by the court
that redemption of the damaged environment is a part of the process of
sustainable development and as such polluter is liable to pay the cost of the
individual sufferers as well as the cost of reversing the damaged ecology.

The Supreme court in yet another case of Vellore Citizens Welfare

Forum v. Union of Indiareiterated and declared in unequivocal terms that ‗the
precautionary principle and the polluter pays principle are part of the
environmental jurisprudence of this country.

There are certain statutes too, which directly or indirectly adhered to the polluter
pays principle.

The Public Liability Insurance Act of 1991 makes it a mandatory duty of all the
industries, which have a capital value of Rs. 2,00,000 to get insured under the
Act. The premium of such insurance shall be collected in the ‗Environment
Relief Fund‘ which shall be available with the collector of the district.

Similarly, The National Environmental Tribunal Act, 1995, also provides that
tribunal can award compensation on the ground of any damage to the
environment.

Conclusion:

With the rapid development of technology and industries, environmental

degradation is inevitable and dealing with it becomes vital for human existence

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Notes Environmental Law, LL. B. I Sem. II

Question
What is Sustainable Development- Discuss In Detail ?

Answer

Introduction

With the ever growing economies and the need and greed for more, the doctrine
of Sustainable Development becomes the most relevant principle in today's
times.

The concept of sustainable development can be interpreted in many different

ways, but at its core is an approach to development that looks to balance
different, and often competing, needs against an awareness of the environmental,
social and economic limitations we face as a society.

Meaning

Sustainability is development that satisfies the needs of the present without

compromising the capacity of future generations, guaranteeing the balance
between economic growth, care for the environment and social well-being.

Evolution

For the first time, the doctrine of "Sustainable Development" was discussed in
the Stockholm Declaration of 1972.

Thereafter, in 1987, the World Commission on Environment and Development

submitted its report, which is also known as Bruntland Commission Report
wherein an effort was made to link economic development and environment
protection.

The Brundtland Report, warning of the negative environmental consequences of

economic growth and globalization, which tried to find possible solutions to the
problems caused by industrialization and population growth.

In 1992, Rio Declaration on Environment and Development codified the

principle of Sustainable Development.

Environmental Sustainability

At the environmental level, sustainability prevents nature from being used as an

inexhaustible source of resources and ensures its protection and rational use.

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Notes Environmental Law, LL. B. I Sem. II

Aspects such as environmental conservation, investment in renewable

energies, saving water, supporting sustainable mobility, and innovation
in sustainable construction and architecture, contribute to achieving this
environmental sustainability on several fronts.

The goal of environmental sustainability is to conserve natural resources and to

develop alternate sources of power while reducing pollution and harm to the
environment.

Many of the projects that are rooted in environmental sustainability will involve
replanting forests, preserving wetlands and protecting natural areas from
resource harvesting. .

In India

Sustainable development is the practice of developing land and construction

projects in a manner that reduces their impact on the environment by allowing
them to create energy efficient models of self-sufficiency.

Judicial Overview:

India being a growing economy has seen rampant industrialisation and

development in recent past, which resulted in adverse impact on the
environment.

For safeguarding the environment the lead role was played by Justice Kuldip
Singh, who famously came to be known as the 'Green Judge'.

The doctrine of Sustainable Development was implemented by the Supreme

Court in the case of Vellore Citizen Welfare Forum vs. Union of India. In the
instant case, the Supreme Court held that the precautionary principle and polluter
pays principle are a part of the environmental law of India. The court also held
that: "Remediation of the damaged environment is part of the process of
'Sustainable Development' and as such polluter is liable to pay the cost to the
individual sufferers as well as the cost of reversing the damaged ecology."

The Hon'ble Supreme Court of India in Narmada Bachao Andolan vs. Union of
India observed that "Sustainable Development means what type or extent of
development can take place, which can be sustained by nature or ecology with or
without mitigation".

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Notes Environmental Law, LL. B. I Sem. II

NGT

In India the legislature enacted the National Green Tribunal Act, 2010 (Act).
The Act, the National Green Tribunal (NGT) was established for effective and
expeditious disposal of cases involving multi-disciplinary issues relating to
environment.

Short Note- The precautionary principle

Answer

Introduction

The precautionary principle states that if there is risk of severe damage to

humans and/or the environment, absence of incontrovertible, conclusive, or
definite scientific proof is not a reason for inaction.

When there is uncertainty regarding the impacts of an activity, the precautionary

principle advocates action to anticipate and avert environmental harm.

Meaning

In its simplest form, the precautionary principle (also known as PP) provides that
if there is a risk of severe damage to humans and/or the environment, absence of
incontrovertible, conclusive, or definite scientific proof is not a reason for
inaction.

It is a better-safe-than-sorry approach, in contrast with the traditional reactive

wait-and-see approach to environmental protection.

Definitions

Definitions of the PP – The Rio Declaration (or Agenda 21) of 1992, states that:
In order to protect the environment, the precautionary approach shall be widely
applied by States according to their capabilities. Where there are threats of
serious or irreversible damage, lack of full scientific certainty shall not be used
as a reason for postponing cost-effective measures to prevent environmental
degradation.

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Notes Environmental Law, LL. B. I Sem. II

International arena

Article 3 of the UN Framework Convention on Climate Change was just one in a

long list of international agreements that contained the precautionary principle.

It reviewed the development of the concept of sustainable development in the

international sphere, from the Stockholm Declaration of 1972, Our Common
Future in 1987 and Caring for the Earth in 1991, to the Earth Summit and
the Rio Declaration in 1992.

Precautionary Principle in Indian Law

The Indian courts have particularly embraced the precautionary principle.

In Vellore Citizens Welfare Forum v. Union of India, the petitioners filed a

petition in the public interest under Article 32 of the Constitution of India,
directed against the pollution caused by enormous discharge of untreated effluent
by the tanneries and other industries in the State of Tamil Nadu.

In AP Pollution Control Board v. Prof. M V Nayudu, the Supreme Court

comprehensively reviewed the precautionary principle.

Vellore Citizen Welfare Forum vs. Union of India. In the instant case, the
Supreme Court held that the precautionary principle and polluter pays principle
are a part of the environmental law of India.

Question
What are the Salient Features of the Environment Protection Act, 1986?

Answer

Introduction

Environment Protection Act, 1986 is an Act of the Parliament of India. In the

wake of the Bhopal Tragedy, the Government of Indiaenacted the Environment
Protection Act of 1986 under Article 253 of the Constitution. Passed in March
1986, it came into force on 19 November 1986.

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Salient features

This Act has been brought into force from November, 1986. Its salient features
are:

(i) Take all necessary measures for protecting quality of environment,

(ii) Co-ordinate actions of States, officers and other authorities under this
Act,

(iii) Plan and execute a nationwide programme for prevention, control and
abatement of environmental pollution,

(iv) Lay down standards for discharge of environmental pollutants, etc.

Object

It was enacted with the main objective to provide the protection and
improvement of environment and for matters connected therewith.

The air, water, land, living creatures as well as the environment in general is
becoming polluted at an alarming rate that needs to be controlled and curbed as
soon as possible.

Definitions

Section 2 of the EPA deals with definitions. Some important definitions provided
in the Section are:

Section 2 (a) ―Environment‖ includes water, air, and land and the
interrelationship that exists among and between water, air and land and human
beings, other living creatures, plants, micro-organism and property. This
definition is not exhaustive but an inclusive one.

Section 2 (b) ―Environmental Pollutant‖ means any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be injurious to
environment.

Section 2 (c) ―Environmental Pollution‖ means the presence in the environment

of any environmental pollutant6 . This implies the imbalance in environment.
The materials or substances when after mixing in air, water or land alters their
properties in such manner, that the very use of all or any of the air water and land
by man and any other living organism becomes lethal and dangerous for health.

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Notes Environmental Law, LL. B. I Sem. II

Prevention, Control and Abetment of Environment Pollution

Chapter III of the EPA deals with prevention, Control and abetment of
Environmental Pollution. Some important provisions of this chapter provide that,
No person carrying on any industry, operation or process shall discharge or emit
or permit to be discharged or emitted any environmental pollutant in excess of
such standards as may be prescribed.

The National Environment Appellate Authority

The National Environment Appellate Authority (NEAA) was set up as an

independent body to address cases in which environmental clearances granted by
the ministry of environment are challenged by civil society.

Water Prevention and Control of Pollution Act (1974) of India

The Water (Prevention and Control of Pollution) Act was enacted in 1974 to
provide for the prevention and control of water pollution, and for the maintaining
or restoring of wholesomeness of water in the country.

the Central Pollution Control Board and the State Pollution Control Board have
been established by the central and state authorities.

The Central Pollution Control Board, and State Pollution Control Boards
composition, terms and conditions of service of members are defined in Sections
3-12 of water (prevention and control of pollution) act, 1974.

The Board advises the government on any matter concerning the prevention and
control of water pollution. It coordinates the activities and provides technical
assistance and guidance. This policy sets the standards and penalties for non-
compliance for polluting bodies.

Powers and functions

The Central Board may perform all or any of the following functions, namely,-

 advise the Central Government on any matter concerning the prevention

and control of water pollution;

 co-ordinate the activities of the State Boards and resolve disputes among
them;

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Notes Environmental Law, LL. B. I Sem. II

 provide technical assistance and guidance to the State Boards, carry out
and sponsor investigations and research relating to problems of water
pollution and prevention, control or abatement of water pollution;

 plan and organise the training of persons engaged or to be engaged in

programmes for the prevention, control or abatement of water pollution
on such terms and conditions as the Central Board may specify;

 organise through mass media a comprehensive programme regarding the

prevention and control of water pollution;

 collect, compile and publish technical and statistical data relating to water
pollution and the measures devised for its effective prevention and control
and prepare manuals, codes or guides relating to treatment and disposal of
sewage and trade effluents and disseminate information connected
therewith;

 lay down, modify or annul, in consultation with the State Government

concerned, the standards for a stream or well;

 plan and execute a nation-wide programme for the prevention, control or

abatement of water pollution;

 perform such other functions as may be prescribed.

Short note - Disaster Management

Answer

Introduction

Disaster Management refers to manage disaster response in the country. India

has been traditionally vulnerable to the natural disasters on the account of its
unique geo-climatic conditions.

Meaning

Disaster Management is an effort to inquire into the process of a hazard turning

to disaster to identify its causes and rectify the same through public policy.
Therefore disaster management is a policy issue concerned with minimizing and
preventing the damaging impact of a natural or manmade hazard.

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Need

Disaster management occupies an important place in this country‘s policy

framework as it is the poor and the under-privileged who are worst affected on
account of calamities/disasters.

PM Narendra Modi released the first Disaster Management Plan of India on 1

June 2016 that seeks to provide a framework and direction to government
agencies for prevention, mitigation and management of disasters. This is the first
national plan since enactment of the Disaster Management Act in 2005.

The Disaster Management Act, 2005

The Disaster Management Act, 2005 has 11 chapters and 79 sections. that
extends to the whole of India. The Act provides for "the effective management of
disasters and for matters connected there with or incidental threat.

Disaster management Act, 2005 defines Disaster Management as, a continuous

cycle and integrated process of planning, organizing, coordinating and
implementing, coordinating and implementing measures which are necessary or
expedient for-

(i) Prevention of danger or threat of any disaster;

(ii) Mitigation or reduction of risk of any disaster or its severity or consequences;
(iii) Capacity-building;
(iv) Preparedness to deal with any disaster;
(v) Prompt response to any threatening disaster situation or disaster;
(vi) Assessing the severity or magnitude of effects of any disaster;
(vii) Evacuation, rescue and relief;
(viii) Rehabilitation and Reconstruction. Disaster Management Amendment Bill,
2006 aims at broadening the meaning of Disaster in Disaster Management Act.

National Disaster Management Authority:

Its chairperson is the Prime Minister. Not more than nine other members can be
there. Vice Chairpersons is appointed from amongst members by the
Chairperson. Executive Committee is chaired by the Secretary of the Ministry
entrusted with the work of the Disaster Management.

State Disaster Management Authority:

Its Chairperson is the Chief Minister of the concerned State. Other members not
exceeding eight are there. And in addition, Chairperson of the State Executive

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Notes Environmental Law, LL. B. I Sem. II

Committee (who is Chief Secretary) is also included. Vice Chairperson is

appointed by Chairpersons from amongst members. Chairperson of the State
Executive Committee is the Chief Executive Officer. State Executive Committee
is chaired by the State Chief Secretary.

National Disaster Response Fund:

To be constituted by the Central Government for emergency response, relief and

rehabilitation.

National Disaster Management Fund:

To be constituted by the Central Government for the projects exclusively of

mitigation.

Question

What is mean by Environment Impact Assessment? What are the methods

of EIA?

Answer

Introduction

Environmental assessment (EA) is the assessment of the environmental

consequences (positive and negative) of a plan, policy, program, or actual
projects prior to the decision to move forward with the proposed action. .
Environment Impact Assessment in India is statutory backed by the Environment
Protection Act in 1986, which contains various provisions on EIA methodology
and process.

Meaning

Environment Impact Assessment (EIA) is a formal process used to predict the

environmental consequences of any development project.

The International Association for Impact Assessment (IAIA) defines an

environmental impact assessment as - the process of identifying, predicting,
evaluating and mitigating the biophysical, social, and other relevant effects of
development proposals prior to major decisions being taken and commitments
made.

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Need / Object

The purpose of the assessment is to ensure that decision makers consider the
environmental impacts when deciding whether or not to proceed with a project.

Scope

EIA looks into various problems, conflicts and natural resource constraints
which may not only affect the viability of a project but also predict if a project
might harm to the people, their land, livelihoods and environment.

Evolution

The EIA process finds its origin from United States where due to huge public
pressure; the government enacted National Environmental Policy Act (NEPA) in
1970s. The role of EIA process was formally recognized at the Earth Summit in
Rio Conference in 1992

In India
In India, there is an elaborate EIA process involving many steps such as
Screening, Preliminary Assessment, Scoping, Main EIA including public
hearing, appraisal etc.
First of all, the developer has to prepare an EIA report with the help of an
environment consultant. On the basis of such report, the EIA may be
either comprehensive EIA or Rapid EIA.
 If the EIA report has to incorporate the data of all four seasons of a year,
it is called Comprehensive EIA.
 If the EIA report has only one season data, then it‘s called Rapid EIA.

Method
The Important Procedure Involved in the Environmental Impact Assessment in
India are:

1. Project Proposal:
Any proponent embarking on any major development project shall notify IAA
(Impact Assessment Agency) in writing by the submission of a project proposal.
The project proposal shall include all relevant information available including a
land-use map in order to move to the next stage which is screening. The
submission of a project proposal signifies the commencement of the EIA
process.

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Notes Environmental Law, LL. B. I Sem. II

2. Screening:
Screening is done to see whether a project requires environmental clearance as
per the statutory notifications. At this stage, the project proponent decides the
type of project and also about requirement of Environmental Clearance. If
required, the proponent may consult IAA.

3. Scoping and Consideration of Alternatives:

Scoping is a process of detailing the terms of reference of EIA. It has to be done
by the consultant in consultation with the project proponent and guidance, if
need be, from Impact Assessment Agency. The Ministry of Environment and
Forests has published guidelines for different sectors, which outlines the
significant issues to be addressed in the EIA studies.

4. Base Line Data Collection:

Base line data describes the existing environmental status of the identified study
area. The site-specific primary data should be monitored for the identified
parameters and supplemented by secondary data if available.

5. Impact Prediction and Assessment of Alternatives:

Impact prediction is a way of mapping the environmental consequences of the
significant aspects of the project and its alternatives. For every project, possible
alternatives should be identified and environmental attributes compared.

6. EIA Report:
An EIA report should provide clear information to the decision-maker on the
different environmental scenarios without the project, with the project and with
project alternatives. The proponent prepares detailed Project report and provides
information in logical and transparent manner. The IAA examines if procedures
have been followed as per MoEF notifications.

7. Public Hearing:
After the completion of EIA report the law requires that the public must be
informed and consulted on a proposed development after the completion of EIA
report. The State Pollution Control Boards will conduct the public hearing before
the proposals are sent to MOEF for obtaining environmental clearance.

9. Monitoring the Clearance Conditions:

Monitoring has to be done during both construction and operation phases of a
project. It is done not just to ensure that the commitments made are complied

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Notes Environmental Law, LL. B. I Sem. II

with but also to observe whether the predictions made in the EIA reports are
correct or not.

Short note - The Wild Life (Protection) Act, 1972

Answer
Introduction
The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted
for protection of plants and animal species. the Act established schedules of
protected plant and animal species; hunting or harvesting these species was
largely outlawed.
Scope

The Act provides for the protection of wild animals, birds and plants; and for
matters connected therewith or ancillary or incidental thereto. It has six
schedules which give varying degrees of protection.

Definition

Under the Act the term ―animal‖ includes mammals, birds, reptiles, amphibians,
fish, other chordates and invertebrates and also includes their young and eggs;

Appointment of Director and other officers —

(1) The Central Government may, for the purposes of this Act, appoint,—
(a) A Director of Wild Life Preservation;
(c) Such other officers and employees as may be necessary.
(2) In the performance of his duties and exercise of his powers by or under this
Act, the Director shall be subject to such general or special directions, as the
Central Government may, from time to time, give.
3) The officers and other employees appointed under this section shall be
required to assist the Director.

Chief Wild Life Warden

Appointment of Chief Wild Life Warden and other officers.—
(1) The State Government may, for the purposes of this Act, appoint,—
(a) a Chief Wild Life Warden;
(b) Wild Life Wardens;
(bb) Honorary Wild Life Wardens;
(c) such other officers and employees as may be necessary.

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Notes Environmental Law, LL. B. I Sem. II

(May be separate question )

Constitution of the National Board for Wild Life Under the Wild Life
(Protection) Act, 1972

(1) The Central Government shall, constitute the National Board for Wild
Life consisting of the following members, namely:—

(a) the Prime Minister as Chairperson;

(b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson;

Members
(c) three Members of Parliament of whom two shall be from the House of the
People and one from the Council of States;
(d) Member, Planning Commission in-charge of Forests and Wild Life;
(e) five persons to represent non-governmental organisations to be nominated by
the Central Government;
(f) ten persons to be nominated by the Central Government from amongst
eminent conservationists, ecologists and environ-mentalists;
(g) the Secretary to the Government of India in-charge of the Ministry or
Department of the Central Government dealing with Forests and Wild Life;
(h) the Chief of the Army Staff;
(i) the Secretary to the Government of India in-charge of the Ministry of
Defence;
(j) the Secretary to the Government of India in-charge of the Ministry of
Information and Broadcasting;
(k) the Secretary to the Government of India in-charge of the Department of
Expenditure, Ministry of Finance;
(l) the Secretary to the Government of India, Ministry of Tribal Welfare;
(m) the Director-General of Forests in the Ministry or Department of the Central
Government dealing with Forests and Wild Life;
(n) the Director-General of Tourism, Government of India;
(o) the Director-General, Indian Council for Forestry Research and Education,
Dehradun;
(p) the Director, Wild Life Institute of India, Dehradun;
(q) the Director, Zoological Survey of India;
(r) the Director, Botanical Survey of India;
(s) the Director, Indian Veterinary Research Institute;
(t) the Member-Secretary, Central Zoo Authority;
(u) the Director, National Institute of Oceanography;
(v) one representative each from ten States and Union territories by rotation, to
be nominated by the Central Government;
(w) the Director of Wild Life Preservation who shall be the Member-Secretary of
the National Board.

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Notes Environmental Law, LL. B. I Sem. II

Functions of the National Board.—

(1) It shall be the duty of the National Board to promote the conservation and
development of wild life and forests by such measures as it thinks fit.
(2) Without prejudice to the generality of the foregoing provision, the measures
referred to therein may provide for—
(a) framing policies and advising the Central Government and the State
Governments on the ways and means of promoting wild life conservation
and effectively controlling poaching and illegal trade of wild life and its
products;
(b) making recommendations on the setting up of the management of
national parks, sanctuaries and other protected areas and on matters
relating to restriction of activities in those areas;
(c) carrying out or causing to be carried out impact assessment of various
projects and activities on wild life or its habitat;
(d) reviewing from time to time, the progress in the field of wild life
conservation in the country and suggesting measures for improvement
thereto; and
(e) preparing and publishing a status report at least once in two years on wild
life in the country.

Short note - State Board for Wild Life

Constitution of State Board for Wild Life under the Wild Life (Protection) Act,
1972

Section 6- Constitution of State Board for Wild Life.—

(1) The State Government shall, constitute a State Board for Wild Life
consisting of the following members, namely:—

(a) the Chief Minister of the State and in case of the Union territory, either
Chief Minister or Administrator, as the case may be—
Chairperson;
(b) the Minister in-charge of Forests and Wild Life— Vice
Chairperson;

Members
(c) three members of the State Legislature or in the case of a Union territory with
Legislature, two members of the Legislative Assembly of that Union territory;
(d) three persons to represent non-governmental organisations dealing with wild
life to be nominated by the State Government;

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Notes Environmental Law, LL. B. I Sem. II

(e) ten persons to be nominated by the State Government from amongst eminent
conservationists, ecologists and environ-mentalists including at least two
representatives of the Scheduled Tribes;
(f) the Secretary to the State Government or the Government of the Union
territory, as the case may be, in-charge of Forests and Wild Life;
(g) the Officer in-charge of the State Forest Department;
(h) the Secretary to the State Government, Department of Tribal Welfare;
(i) the Managing Director, State Tourism Development Corporation;
(j) an officer of the State Police Department not below the rank of Inspector-
General;
(k) a representative of the Armed Forces not below the rank of a Brigadier to be
nominated by the Central Government;
(l) the Director, Department of Animal Husbandry of the State;
(m) the Director, Department of Fisheries of the State;
(n) an officer to be nominated by the Director, Wild Life Preservation;
(o) a representative of the Wild Life Institute of India, Dehradun;
(p) a representative of the Botanical Survey of India;
(q) a representative of the Zoological Survey of India;
(r) the Chief Wild Life Warden, who shall be the Member- Secretary.

Section 8- Duties of State Board for Wild Life—

It shall be the duty of the State Board for Wild Life] to advise the State
Government,
(a) in the selection and management of areas to be declared as protected areas
(b) in formulation of the policy for protection and conservation of the wild life
and specified plants;
(c) in any matter relating to the amendment of any Schedule; 45
(cc) in relation to the measures to be taken for harmonising the needs of the
tribals and other dwellers of the forest with the protection and conservation of
wild life; and
(d) in any other matter connected with the protection of wild life which may be
referred to it by the State Government.

(may be separate question)

Constitution of Central Zoo Authority under the Wild Life (Protection) Act,
1972

38A- Constitution of Central Zoo Authority.—

(1) The Central Government shall constitute a body to be known as the Central
Zoo Authority (hereinafter in this Chapter referred to as the Authority), to

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Notes Environmental Law, LL. B. I Sem. II

exercise the powers conferred on, and to perform the functions assigned to it
under this Act.
Composition
(2) The Authority shall consist of—
(a) chairperson;
(b) such number of members not exceeding ten; and
(c) member-secretary, to be appointed by the Central Government.

Term of office
Section 38B- Term of office and conditions of service of Chairperson and
members, etc.—
(1) The chairperson and every member [other than the Member-Secretary] shall
hold office for such period, not exceeding three year
(2) The chairperson or a member may by writing under his hand addressed to the
Central Government, resign from the office of chairperson or, of the member.
Disqualification
(3) The Central Government shall remove a person from the office of
chairperson or member referred to in sub-section (2) if that person—
(a) becomes an undischarged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence which in the
opinion of the Central Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the authority, absent from three
consecutive meetings of the Authority; or
(f) in the opinion of the Central Government has so abused the position of
chairperson

Functions of the Authority

AS per section 38C Functions of the Authority-

The Authority shall perform the following functions, namely:—

(a) specify the minimum standards for housing, upkeep and veterinary care of the
animals kept in a zoo;
(b) evaluate and assess the functioning of zoos with respect to the standards or
the norms as may be prescribed;
(c) recognise or derecognise zoos;
(d) identify endangered species of wild animals for purposes of captive breeding
and assigning responsibility in this regard to a zoo;
(e) co-ordinate the acquisition, exchange and loaning of animals for breeding
purposes;

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Notes Environmental Law, LL. B. I Sem. II

(f) ensure maintenance of stud-books of endangered species of wild animals bred

in captivity;
(g) identify priorities and themes with regard to display of captive animals in a
zoo;
(h) co-ordinate training of zoo personnel in India and outside India;
(i) co-ordinate research in captive breeding and educational programmes for the
purposes of zoos;
(j) provide technical and other assistance to zoos for their proper management
and development on scientific lines;
(k) perform such other functions as may be necessary to carry out the purposes of
this Act with regard to zoos.

Short note - Stockholm Conference

Answer
The United Nations Conference on the Human Environment was held
in Stockholm, Sweden from June 5–16 in 1972.
The meeting agreed upon a Declaration containing 26 principles concerning the
environment and development; an Action Plan with 109 recommendations, and a
Resolution.
Principles of the Stockholm Declaration:

1. Human rights must be asserted, apartheid and colonialism condemned

2. Natural resources must be safeguarded
3. The Earth's capacity to produce renewable resources must be maintained
4. Wildlife must be safeguarded
5. Non-renewable resources must be shared and not exhausted
6. Pollution must not exceed the environment's capacity to clean itself
7. Damaging oceanic pollution must be prevented
8. Development is needed to improve the environment
9. Developing countries therefore need assistance
10. Developing countries need reasonable prices for exports to carry
out environmental management
11. Environment policy must not hamper development
12. Developing countries need money to develop environmental safeguards
13. Integrated development planning is needed
14. Rational planning should resolve conflicts between environment and
development
15. Human settlements must be planned to eliminate environmental problems

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Notes Environmental Law, LL. B. I Sem. II

16. Governments should plan their own appropriate population policies

17. National institutions must plan development of states' natural resources
18. Science and technology must be used to improve the environment
19. Environmental education is essential
20. Environmental research must be promoted, particularly in developing
countries
21. States may exploit their resources as they wish but must not endanger
others
22. Compensation is due to states thus endangered
23. Each nation must establish its own standards
24. There must be cooperation on international issues
25. International organizations should help to improve the environment
26. Weapons of mass destruction must be eliminated

Conclusion
One of the seminal issues that emerged from the conference is the recognition for
poverty alleviation for protecting the environment. The Indian Prime
Minister Indira Gandhi in her seminal speech in the conference brought forward
the connection between ecological management and poverty alleviation.

Question
Write a full note on importance of The Earth Summit or Rio Declaration.

Answer

Introduction

The United Nations Conference on Environment and

Development (UNCED), also known as the Rio de Janeiro Earth Summit,
the Rio Summit, the Rio Conference, and the Earth Summit, was a
major United Nations conference held in Rio de Janeiro from 3 to 14 June 1992.

Rio Declaration, was a short document produced at the 1992 United

Nations "Conference on Environment and Development" (UNCED), informally
known as the Earth Summit. The Rio Declaration consisted of 27 principles
intended to guide countries in future sustainable development. It was signed by
over 170 countries.

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Notes Environmental Law, LL. B. I Sem. II

Rio Declaration on Environment and Development

The United Nations Conference on Environment and Development,

 Reaffirming the Declaration of the United Nations Conference on the

Human Environment, adopted at Stockholm on 16 June 1972, and seeking
to build upon it,
 With the goal of establishing a new and equitable global partnership
through the creation of new levels of cooperation among States, key
sectors of societies and people,
 Working towards international agreements which respect the interests of
all and protect the integrity of the global environmental and
developmental system,

Recognizing the integral and interdependent nature of the Earth, our home,

Proclaims that:

Principle 1

Human beings are at the centre of concerns for sustainable development.

They are entitled to a healthy and productive life in harmony with nature.

Principle 2

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

Principle 3

The right to development must be fulfilled so as to equitably meet developmental

and environmental needs of present and future generations.

Principle 4

In order to achieve sustainable development, environmental protection shall

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

Principle 5

All States and all people shall cooperate in the essential task of eradicating
poverty as an indispensable requirement for sustainable development, in order to

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Notes Environmental Law, LL. B. I Sem. II

decrease the disparities in standards of living and better meet the needs of the
majority of the people of the world.

Principle 6

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

Principle 7

States shall cooperate in a spirit of global partnership to conserve, protect and

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

Principle 8

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

Principle 9

States should cooperate to strengthen endogenous capacity-building for

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

Principle 10

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

Principle 11

States shall enact effective environmental legislation. Environmental standards,

management objectives and priorities should reflect the environmental and
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Notes Environmental Law, LL. B. I Sem. II

developmental context to which they apply. Standards applied by some countries

may be inappropriate and of unwarranted economic and social cost to other
countries, in particular developing countries.

Principle 12

States should cooperate to promote a supportive and open international economic

system that would lead to economic growth and sustainable development in all
countries, to better address the problems of environmental degradation. Trade
policy measures for environmental purposes should not constitute a means of
arbitrary or unjustifiable discrimination or a disguised restriction on international
trade. Unilateral actions to deal with environmental challenges outside the
jurisdiction of the importing country should be avoided. Environmental measures
addressing transboundary or global environmental problems should, as far as
possible, be based on an international consensus.

Principle 13

States shall develop national law regarding liability and compensation for the
victims of pollution and other environmental damage. States shall also cooperate
in an expeditious and more determined manner to develop further international
law regarding liability and compensation for adverse effects of environmental
damage caused by activities within their jurisdiction or control to areas beyond
their jurisdiction.

Principle 14

States should effectively cooperate to discourage or prevent the relocation and

transfer to other States of any activities and substances that cause severe
environmental degradation or are found to be harmful to human health.

Principle 15

In order to protect the environment, the precautionary approach shall be widely

applied by States according to their capabilities. Where there are threats of
serious or irreversible damage, lack of full scientific certainty shall not be used
as a reason for postponing cost-effective measures to prevent environmental
degradation.

Principle 16

National authorities should endeavour to promote the internalization of

environmental costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pollution, with
due regard to the public interest and without distorting international trade and
investment.

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Notes Environmental Law, LL. B. I Sem. II

Principle 17

Environmental impact assessment, as a national instrument, shall be undertaken

for proposed activities that are likely to have a significant adverse impact on the
environment and are subject to a decision of a competant national authority.

Principle 18

States shall immediately notify other States of any natural disasters or other
emergencies that are likely to produce sudden harmful effects on the
environment of those States. Every effort shall be made by the international
community to help States so afflicted.

Principle 19

States shall provide prior and timely notification and relevant information to
potentially affected States on activities that may have a significant adverse
transboundary environmental effect and shall consult with those States at an
early stage and in good faith.

Principle 20

Women have a vital role in environmental management and development. Their

full participation is therefore essential to achieve sustainable development.

Principle 21

The creativity, ideals and courage of the youth of the world should be mobilized
to forge a global partnership in order to achieve sustainable development and
ensure a better future for all.

Principle 22

Indigenous people and their communities and other local communities have a
vital role in environmental management and development because of their
knowledge and traditional practices. States should recognize and duly support
their identity, culture and interests and enable their effective participation in the
achievement of sustainable development.

Principle 23

The environment and natural resources of people under oppression, domination

and occupation shall be protected.

Principle 24

Warfare is inherently destructive of sustainable development. States shall

therefore respect international law providing protection for the environment in
times of armed conflict and cooperate in its further development, as necessary.

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Principle 25

Peace, development and environmental protection are interdependent and

indivisible.

Principle 26

States shall resolve all their environmental disputes peacefully and by

appropriate means in accordance with the Charter of the United Nations.

Principle 27

States and people shall cooperate in good faith and in a spirit of partnership in
the fulfilment of the principles embodied in this Declaration and in the further
development of international law in the field of sustainable development.

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Notes Environmental Law, LL. B. I Sem. II

Short note - Write about Animal welfare Board

Answer

Introduction
The Animal Welfare Board of India (AWBI) is a statutory advisory body
advising the Government of India's Ministry of Environment, Forest and Climate
Change.
Object
The Animal Welfare Board of India was established in 1962 under Section 4
of The Prevention of Cruelty to Animals Act,1960.
It frames a range of rules on how animals ought to be humanely treated
everywhere. It has also frequently litigated to have stricter laws to ensure
animals were not unduly harassed or tortured....
Functions of AWBI
 It recognises Animal Welfare Organisations by granting them recognition
if they meet its guidelines.
 It also appoints key people to the positions of (Hon) Animal Welfare
Officers, who serve as the key point of contact between the people, the
government and law enforcement agencies.
 It suggests changes to laws and rules about animal welfare issues.
 It also offers guidance to organisations and officials such as police to
help them to interpret and apply the laws.
 It issues publications to raise awareness of various animal welfare issues.
 It provides financial assistance to recognised AWOs.
Conclusion
India‘s first national animal welfare law, the Prevention of Cruelty to Animals
Act, 1960, criminalizes cruelty to animals, though exceptions are made for the
treatment of animals used for food and scientific experiments. The 1960 law also
created the Animal Welfare Board of India to ensure the anti-cruelty provisions
were enforced and promote the cause of animal welfare.

Edited & Prepared by Mahendra Subhash Khairnar, Asst. Prof., BV‘s Y C Law College, Karad Page 37