1

ENIVIRONMENTAL LAW
NOTES
Social and Political Dimensions of Natural Resources Use

Natural resources such as land, water, forests, minerals, and fossil

fuels are essential for human survival and economic growth. However,
the ownership, access, and control over these resources have
significant social and political implications. The question of who owns
natural resources often leads to conflict among governments,
private corporations, and local communities. For instance, indigenous
communities have ancestral rights over many natural resources, but
these rights are frequently overlooked or violated by state policies and
business interests in the name of development and economic growth.
This creates a conflict between nationalism and indigenous
ancestral rights, where governments seek to control resources for
national interests while indigenous communities demand recognition of
their traditional ownership.

Governance and policy frameworks are critical in ensuring equitable

access to natural resources and striking a balance between
development and environmental protection. Poor governance often
leads to environmental degradation, displacement of indigenous
populations, and health issues due to pollution and resource
exploitation. Environmental justice emphasizes that marginalized
communities bear a disproportionate burden of environmental harm,
including pollution and deforestation. On the international stage, the
principle of common but differentiated responsibility (CBDR)
 2

recognizes that industrialized nations have historically contributed

more to environmental damage and should therefore provide financial
and technological assistance to developing nations to address
environmental challenges.

Global Commons

Global commons refer to natural resources and areas that are not
owned by any single nation but are shared and collectively used by
humanity. The concept of global commons includes:

1. The High Seas – International waters that support marine biodiversity

and regulate the global climate through ocean currents.
2. The Atmosphere – Critical for climate regulation, weather patterns,
and air quality.
3. Antarctica – A region preserved for scientific research and
environmental protection under the Antarctic Treaty.
4. Outer Space – Used for communication, navigation, and scientific
exploration.
5. Biodiversity – Encompassing ecosystems, species, and genetic
diversity essential for ecosystem balance and resilience against
environmental changes.

The principle of common heritage of humankind ensures that

global commons remain accessible to all, but challenges arise due to
the lack of clear ownership and accountability. The doctrine of mare
liberum (free sea for everyone) allows for open access to high seas,
leading to issues like overfishing, pollution, and maritime conflicts.
Effective international cooperation and legal frameworks such as the
United Nations Convention on the Law of the Sea (UNCLOS) and
 3

the Montreal Protocol are essential to manage and protect these

shared resources.

Rural and Urban Commons

Rural Commons

Rural commons refer to natural resources in rural areas that are

shared and collectively used by local communities. These include
forests, grazing lands, water bodies, and wetlands. In rural areas, these
commons are essential for livelihoods, as communities depend on
them for grazing livestock, collecting firewood, and securing food and
water. Governance of rural commons is often based on traditional
norms and local management by community leaders. However,
challenges such as overuse, climate change, and privatization
threaten the sustainability of rural commons. For example,
deforestation for commercial logging disrupts traditional forest use,
while climate change impacts rainfall patterns, affecting agriculture
and water availability.

Urban Commons

Urban commons include shared spaces and resources within cities,

such as parks, public transportation, streets, and cultural spaces
(museums, art galleries). Urban commons are vital for improving the
quality of life in densely populated areas, offering spaces for
recreation, social interaction, and environmental sustainability.
Challenges include overcrowding, pollution, and poor
infrastructure. Effective management of urban commons requires
 4

cooperation between local governments, community organizations,

and private stakeholders to ensure equitable access and long-term
sustainability.

Environmental Pollution

1. Noise Pollution – Caused by traffic, construction, and industrial

activity, leading to stress, hearing loss, and disruption of wildlife
habitats.
2. Light Pollution – Overuse of artificial lighting disrupts ecosystems,
disturbs human sleep patterns, and affects migratory behavior of
animals.

In India, pollution control is governed by laws such as the Air

(Prevention and Control of Pollution) Act, 1981, the Water
(Prevention and Control of Pollution) Act, 1974, and the Noise
Pollution (Regulation and Control) Rules, 2000. Despite these
regulations, enforcement challenges and lack of public awareness
continue to contribute to environmental pollution.

Poverty, Development, and Environment

Poverty, development, and the environment are closely linked. Poor

communities are more dependent on natural resources for survival,
leading to overuse and environmental degradation. For example,
deforestation for firewood and agricultural expansion depletes
resources, worsening poverty. On the other hand, environmental
 5

degradation increases vulnerability to natural disasters, food

shortages, and health risks. Sustainable development aims to balance
economic growth with environmental protection through:

 Environmental Impact Assessments (EIA) – To evaluate the

environmental effects of development projects.
 Conservation Strategies – Programs like CAMPA (Compensatory
Afforestation) aim to restore forest cover.
 Community Participation – Involving local communities in decision-
making and resource management.

Consumerism and Minimalism

Consumerism

Consumerism is a social and economic ideology that promotes the

acquisition of goods and services in increasing quantities. The modern
economy thrives on consumer demand, driving production and sales.
However, consumerism leads to significant environmental issues such
as resource depletion, pollution, and waste generation. Fast fashion,
electronics, and packaged goods contribute to high levels of landfill
waste and carbon emissions.

Minimalism

Minimalism is a counter-movement to consumerism, encouraging

individuals to simplify their lives by reducing possessions and focusing
on essential needs. Minimalists emphasize quality over quantity,
 6

focusing on meaningful life and reduced environmental impact. By

consuming less, minimalism helps reduce waste, conserve resources,
and lower the ecological footprint.

Ecological Footprint

The ecological footprint measures the impact of human activities on

the environment in terms of the amount of biologically productive land
and water area required to produce the resources consumed and area
required to absorb the waste generated. It reflects the pressure that
the human activities place on the Earth's ecosystems and resources.

The concept was introduced by Mathis Wackernagel and William

Rees in the 1990s as a tool to assess the sustainability of human
consumption patterns. The ecological footprint includes various
components such as

 carbon footprint (the amount of forest land needed to absorb CO₂

emissions),
 cropland (land used for food and fiber production),
 grazing land (land used for livestock),
 forest (land for timber and wood products),
 fishing grounds (marine area required to support fish
consumption), and
 built-up land (land covered by infrastructure and human
settlements).

An increase in the ecological footprint indicates unsustainability

of human consumption patterns, leading to resource depletion and
 7

environmental degradation. For example, deforestation, overfishing,

soil erosion, and loss of biodiversity result from excessive ecological
footprints.

High-income countries tend to have larger ecological footprints

due to high consumption of energy, meat, and consumer goods, while
low-income countries have smaller ecological footprints despite facing
greater vulnerability to environmental degradation. Reducing the
ecological footprint requires measures such as promoting renewable
energy, reducing waste, improving agricultural efficiency, and
encouraging sustainable lifestyles.

The Global Footprint Network annually calculates the Earth

Overshoot Day—the date when humanity’s ecological footprint
exceeds the Earth’s capacity to regenerate resources within a year. In
recent years, this date has been occurring earlier, highlighting the
growing environmental strain caused by human activities.

Carbon Footprint

The carbon footprint is a subset of the ecological footprint that

measures the total amount of greenhouse gases (GHGs) emitted into
the atmosphere as a result of human activities. It is expressed in terms
of carbon dioxide equivalents (CO₂e) to account for the varying
global warming potential of different greenhouse gases, such as
methane (CH₄) and nitrous oxide (N₂O). The carbon footprint includes
 8

both direct emissions (e.g., emissions from fuel combustion in

vehicles and power plants) and indirect emissions (e.g., emissions
from the production and transportation of goods and services).

Key sources of carbon emissions include:

 Burning of fossil fuels – for transportation, electricity generation,

and industrial production.
 Deforestation – Trees act as carbon sinks, absorbing CO₂ from the
atmosphere. Deforestation increases the concentration of carbon in the
atmosphere.
 Agricultural practices – Livestock produce methane, and the use of
fertilizers releases nitrous oxide.
 Industrial activities – The production of cement, steel, and chemicals
contributes to high levels of CO₂ emissions.

A large carbon footprint by the burning of fossil fuels,

deforestation, and industrialization have led to significant increase in
the concentration of greenhouse gases like CO₂, methane (CH₄), and
nitrous oxide (N₂O) in the atmosphere, trapping heat and raising global
temperatures. Rising temperatures have led to the melting of glaciers,
rising sea levels, and more frequent and intense natural disasters such
as hurricanes, floods, and wildfires.

The Kyoto Protocol (1997) and the Paris Agreement (2015)

are international frameworks aimed at reducing global carbon
emissions by encouraging nations to shift towards renewable energy
sources. Reducing the carbon footprint involves strategies such as
increasing energy efficiency, shifting to renewable energy sources
(solar, wind, and hydro), promoting public transportation, reducing
 9

meat consumption, and adopting carbon capture and storage

technologies.

Water Footprint

The water footprint measures the total volume of freshwater used

directly and indirectly by individuals, businesses, and nations to
produce goods and services. It is introduced by Arjen Hoekstra in
2002. The water footprint reflects the pressure that the human
activities place on global freshwater resources. It includes three main
components:

1. Green Water Footprint – Refers to rainwater used for crop

cultivation and natural vegetation. It measures the amount of
rainwater stored in the soil and used by plants.
2. Blue Water Footprint – Refers to surface and groundwater (such as
lakes, rivers, and aquifers) used for irrigation, domestic use, and
industrial processes. Excessive withdrawal of blue water leads to
depletion of rivers and lakes.
3. Grey Water Footprint – Refers to Water used to clean up pollution
and maintain water quality standards. It measures the impact of water
pollution caused by industrial discharge, agricultural runoff, and
domestic waste.

For example, the production of 1 kg of rice requires about 2,500

liters of water, while producing 1 kg of beef can require up to 15,000
liters of water, reflecting the high-water intensity of livestock farming.
 10

The water footprint varies significantly across regions based on

climatic conditions, agricultural practices, and industrial development.
In water-scarce countries, Over-irrigation leads to groundwater
depletion and soil fertility, reducing long-term agricultural productivity.
Sustainable water management strategies include improving irrigation
efficiency, reducing water-intensive crops, recycling wastewater, and
promoting water-saving technologies.

Virtual Water

Virtual water refers to the hidden or indirect water used in the

production of goods and services. The concept was introduced by John
Anthony Allan in the 1990s to highlight the global trade in water-
intensive products and the unequal distribution of water resources.
Virtual water includes the water used to grow crops, produce textiles,
manufacture electronic goods, and generate energy.

For instance:

 Producing a single cotton T-shirt requires approximately 2,700 liters

of water.
 Producing 1 kg of coffee requires about 18,900 liters of water.
 Producing 1 glass of milk requires around 255 liters of water.

Virtual water trade has significant impact on the global water

management. Water-scarce countries often "import" virtual water
through food and industrial goods from water-rich countries. This
reduces direct water use in the importing country but increases
pressure on water resources in the exporting country. For example,
 11

Middle Eastern nations, which face severe water scarcity, import large
quantities of grains and meat from countries with higher water
availability, effectively outsourcing their water demand.

Virtual water is categorized into:

1. Green Virtual Water – Rainwater used for crop and livestock

production.
2. Blue Virtual Water – Freshwater used for industrial and domestic
use.
3. Grey Virtual Water – Water used to clean up pollution and maintain
water quality standards.

Efficient virtual water trade can help address global water

scarcity by encouraging countries to specialize in the production of
goods that require less water. However, over-reliance on virtual water
trade may increase geopolitical tensions and economic vulnerability.
Sustainable management of virtual water requires transparent trade
policies, improving irrigation efficiency, reducing water-intensive crops,
recycling wastewater, and promoting water-saving technologies.

Common but Differentiated Responsibility (CBDR)

The principle of Common but Differentiated Responsibility

(CBDR) is a key concept in international environmental law that
recognizes that while all nations share a common responsibility to
protect the environment, their contributions to environmental
problems and their capacities to address them differ. This principle was
established during the United Nations Conference on
 12

Environment and Development (UNCED) held in Rio de Janeiro in

1992 and is reflected in Principle 7 of the Rio Declaration.

Meaning and Basis of CBDR

1. Common Responsibility – Environmental issues such as climate

change, pollution, and biodiversity loss affect the entire planet, and all
nations have a shared obligation to protect the environment.

2. Differentiated Responsibility – Developed countries have

historically contributed more to environmental degradation through
industrialization and high carbon emissions. Therefore, they are
expected to take greater responsibility for mitigation and provide
financial and technological support to developing nations.

Legal and Policy Framework

CBDR is reflected in several international treaties and agreements,

including:

 United Nations Framework Convention on Climate Change

(UNFCCC), 1992 – Recognizes the differing capabilities and
responsibilities of developed and developing countries in addressing
climate change.

 Kyoto Protocol, 1997 – Imposed binding emission reduction targets

only on developed nations.

 Paris Agreement, 2015 – Encourages all nations to set emission

reduction targets but provides flexibility for developing nations based
on their capacities and economic conditions.
 13

Example of CBDR in Action

 Developed countries like the United States, Germany, and Japan

have committed to providing climate finance and technology transfer
to support developing nations in transitioning to clean energy and
building climate resilience.

 Developing nations like India and Brazil are expected to take

voluntary action to reduce emissions but are not held to the same
stringent targets as industrialized nations.

Challenges in CBDR Implementation

 Developed nations have been criticized for failing to meet their

financial commitments under CBDR.

 Emerging economies like China and India face increasing pressure to

reduce emissions despite their historical lower contribution to global
pollution.

 Political disagreements over the extent of responsibility and the

balance of financial and technological support continue to affect
international climate negotiations.
 14

Factors Affecting the Environment

Natural factors are those environmental changes and processes that
occur naturally, without human interference. These factors have
shaped the Earth’s environment over millions of years and continue to
influence ecosystems, climate, and biodiversity. Unlike human-induced
changes, natural factors operate through geological, climatic, and
biological processes that are often cyclical and sometimes
unpredictable.

1. Climate Change (Natural)

Climate change refers to the long-term alteration in the Earth's climate

due to natural processes. Although human activities have altered
climate change in recent decades, natural climate variations have
always occurred due to several key natural phenomena:

(a) Solar Radiation

(b) Earth's Orbital Changes
(c) Volcanic Activity
(d) Ocean Currents and Circulation
(e) Atmospheric Composition and Natural Greenhouse Effect
 15

2. Natural Disasters

Natural disasters are sudden and intense natural events that can
disrupt ecosystems and cause large-scale destruction.

(a) Earthquakes
(b) Tsunamis
(c) Hurricanes, Cyclones, and Typhoons
(d) Floods
(e) Droughts

3. Geological Processes Geological processes continuously shape

the Earth's surface and influence ecosystems.

(a) Tectonic Plate Movements

(b) Erosion and Weathering
(c) Soil Formation and Degradation

4. Biological Factors

Biological factors refer to the interactions between species and

ecosystems that naturally influence the environment. This includes the
behavior and population dynamics of species within an ecosystem and
also includes natural predators, prey, and their competition.

5. Soil Fertility and Erosion:

Natural processes such as weathering, erosion, and the accumulation

of organic matter influence soil quality which consequently affects the
natural environment.

Anthropogenic(Human Induced) Factors Affecting Environment

Human activities have significantly altered the natural environment
over the past two centuries due to industrialization, urbanization,
technological advancements, and population growth. These human-
induced changes have resulted in environmental degradation,
 16

including pollution, deforestation, loss of biodiversity, and climate

change.

1. Deforestation:
Deforestation refers to the large-scale removal of trees and forest
cover for the purpose of agriculture, logging, infrastructure
development, and urban expansion. Forests play a critical role in
maintaining the ecological balance by absorbing carbon dioxide (CO₂)
and supporting biodiversity. The loss of forest cover leads to a
significant increase in greenhouse gas levels, contributing to global
warming. Deforestation also results in habitat loss for wildlife,
threatening the survival of many species. Additionally, the removal of
trees causes soil erosion and disrupts the water cycle, leading to lower
agricultural productivity and increased risk of floods and droughts.

2. Pollution:
Pollution involves the introduction of harmful substances into the
environment, affecting air, water, and soil quality.
 Air pollution is caused by vehicle emissions, industrial discharges,
and the burning of fossil fuels, leading to respiratory problems and
contributing to climate change.
 Water pollution is caused from industrial waste, sewage, and plastic
waste, leading to harming the marine life and contaminating the
drinking water.
 Soil pollution is caused by the excessive use of fertilizers and
pesticides, which reduces the soil fertility and results in lower
agricultural productivity.
 Noise and light pollution from urban areas also disrupt wildlife
behavior and human health.
 17

3. Climate Change:
Climate change refers to long-term alterations in global temperature
and weather patterns caused primarily by human activities. The
burning of fossil fuels, deforestation, and industrialization have led to
significant increase in the concentration of greenhouse gases like CO₂,
methane (CH₄), and nitrous oxide (N₂O) in the atmosphere, trapping
heat and raising global temperatures. Rising temperatures have led to
the melting of polar ice caps, rising sea levels, and more frequent and
intense natural disasters such as hurricanes, floods, and wildfires.

4. Overpopulation:
Overpopulation occurs when the human population exceeds the
Earth’s capacity to provide resources and absorb waste. Increased
demand for food, water, and energy has led to the overexploitation of
natural resources, resulting in deforestation and water scarcity.
Overcrowding in urban areas strains infrastructure, resulting in poor
sanitation, inadequate waste management & increased pollution.
Overpopulation also contributes to higher emissions of greenhouse
gases and greater environmental degradation.

5. Overfishing:
Overfishing refers to the excessive harvesting of fish and marine
species beyond sustainable levels. Advanced fishing technologies and
increased demand for seafood have resulted in the depletion of major
fish stocks such as tuna and cod. Overfishing disrupts the marine food
chain, leading to an imbalance in ecosystems. The decline in fish
populations also impacts the livelihoods of coastal communities that
depend on fishing for food and income.
 18

6. Urbanization:
Urbanization refers to the rapid growth of cities and the migration of
people from rural to urban areas. Expanding cities require more land
for housing, infrastructure, and industry, leading to deforestation.
Increased construction and vehicle emissions contribute to air and
noise pollution, affecting human health. The Overpopulation strains
infrastructure, resulting in poor sanitation, inadequate waste
management & increased pollution.

7. Agricultural Practices:
Modern agricultural practices have increased food production but have
also caused environmental harm. The excessive use of fertilizers and
pesticides reduces the soil fertility and results in lower agricultural
productivity.
 Monoculture farming, where a single crop is repeatedly grown,
depletes nutrients in the soil and increases vulnerability to pests
and diseases.
 Livestock farming produces large amounts of methane CH 4, a
potent greenhouse gas, contributing to global warming.
 Over-irrigation in dry areas leads to groundwater depletion and soil
fertility, reducing long-term agricultural productivity.

8. Greenhouse Gas Emissions:

Greenhouse gas emissions from human activities have significantly
increased since the Industrial Revolution, contributing to global
warming.
 19

 The burning of fossil fuels for electricity, transportation, and

industrial processes releases large amounts of CO₂ into the
atmosphere.
 Livestock farming produces large amounts of methane CH 4, a
potent greenhouse gas, which traps heat more effectively than CO₂
contributes to global warming.
 Nitrous oxide from fertilizers and industrial processes also
contributes to global warming.
The increase in greenhouse gases has caused melting of glaciers,
rising sea levels, and more frequent and intense natural disasters such
as hurricanes, floods, and wildfires.
9. Acid Rain:
Acid rain is caused by the release of sulfur dioxide (SO₂) and nitrogen
oxides (NOₓ) from burning fossil fuels and industrial processes. These
gases combine with water vapor to form sulfuric and nitric acid, which
will then falls to the ground as rain, snow, or fog. Acid rain lowers the
pH of soil and water, reducing soil fertility and harms the aquatic life. It
also damages forests by leaching nutrients from the soil and destroys
the leaves and bark. Additionally, acid rain gradually destroys the
buildings and monuments, especially those made of limestone and
marble.

10. Waste Generation:

Waste generation refers to the production of solid, liquid, and
hazardous waste from human activities. Plastic waste, particularly
single-use plastics, has accumulated in oceans, harming marine life
and disrupts the food chain. Electronic waste (e-waste) contains toxic
metals that leach into the soil and water, affecting human and
environmental health. Poor waste management results in overflowing
 20

landfills and illegal dumping, polluting air, water, and soil. Landfills
emit methane, contributing to climate change, while burning waste
releases harmful toxins into the atmosphere.

Historical Perspectives of Environment

India has a long-standing tradition of environmental protection
rooted in its culture and religious practices. The reference for nature is
deeply embedded in Indian society, where elements such as trees,
animals, rivers, and plants are often worshipped as sacred. Ancient
Indian texts, including the Vedas, Arthashastra, Sathapatha
Brahmanas, Manusmriti, Ramayana & Mahabharata, reflect the
importance given to environmental protection and preservation. The
idea that human life is interconnected with nature is a fundamental
principle in Indian philosophy.

1. Indus Valley Civilization / Harappan Civilization

The Indus Valley Civilization (approx 3000–1500 BCE) is one of the

earliest known urban civilizations that displayed remarkable awareness
of environmental protection. Archaeological excavations at Mohenjo-
Daro and Harappa have revealed well-planned cities with advanced
drainage systems, public baths, and waste disposal mechanisms. The
civilization’s urban planning reflects an understanding of hygiene and
 21

public health. The construction of underground drainage systems

ensured the efficient removal of wastewater, preventing the spread of
diseases.

Agriculture played a significant role in the economy of the Indus

Valley Civilization. They developed sophisticated irrigation systems to
support large-scale agricultural production. There is evidence of trade
with Mesopotamia indicating that surplus agricultural produce.
However, the decline of the civilization is attributed to environmental
factors such as deforestation, soil erosion, and climatic changes. The
overexploitation of timber for brick-making, combined with declining
rainfall and the absence of effective dam systems, led to the eventual
downfall of this society.

2. Charak Samhita (900–600 BCE)

The Charak Samhita is an ancient Ayurvedic text by the physician

Charaka. It emphasizes the importance of maintaining clean water
sources for health and wellbeing. The text contains detailed
instructions on purifying drinking water and preventing contamination.
Charaka stressed the importance of preserving natural resources.
Ayurvedic treatments often involved the use of medicinal plants, which
required sustainable harvesting methods to prevent environmental
degradation.

3. Puranas

The Puranas, including the Vishnu Purana and the Matsya Purana,
highlight the significance of maintaining ecological balance. They warn
that societal collapse would follow if humans failed to protect the
environment. The destruction of forests and killing of animals were
 22

seen as acts that would disturb the cosmic order and lead to societal
collapse. The Puranas state that trees and animals have divine origins
and should be protected with care. Forests were treated as sacred
spaces where hunting and deforestation were discouraged.

4. Panchatantra

The Panchatantra is a collection of moral fables that highlight the

importance of environmental protection and respect for nature. A well-
known verse states:

"By cutting the trees and killing the animals, if someone aspires to go
to heaven, which is the way to hell?"

This teaching underscores the moral responsibility of humans to

protect wildlife and natural resources. The Panchatantra stories
demonstrate the interdependence between humans and nature.

5. Christianity and Islam

Both Christianity and Islam emphasize the moral obligation to protect

the environment. In Christianity, the baptism of a newborn child in
water symbolizes the cleansing of original sin and reflects the
sacredness of water. The Bible teaches the concept that humans are
entrusted with the responsibility of protecting God’s creation. This
implies that humans are caretakers of the environment.

In Islam, the Quran prohibits environmental destruction and

exploitation. Islamic teachings stress moderate use of natural
 23

resources and the importance of protecting water, animals, and

forests. Prophet Muhammad’s teachings also emphasize compassion
for animals and sustainable use of natural resources.

6. Vedas

The four Vedas (Rigveda, Yajurveda, Samaveda, and Atharvaveda)

contain numerous hymns that emphasize environmental protection.
The Rigveda provides for preservation of rivers and forests. The
Atharvaveda contains references to the harmful effects of pollution and
the need for clean air and water.

7. Kautilya's Arthashastra

Kautilya’s Arthashastra (4th century BCE) prescribes punishments for

cutting trees, killing animals, and damaging the environment. The text
establishes rules for the sustainable use of forest resources and wildlife
protection. It mentions the role of forest officers (Vanapalaka) in
safeguarding natural resources. Kings were held responsible for
ensuring environmental protection and penalizing offenders.

8. Manusmriti

The Manusmriti is an ancient Hindu legal text that outlines moral and
social duties of humans towards environmental protection. It prohibits
the destruction of medicinal plants and trees and recommends
safeguarding wildlife. The text emphasizes the importance of
maintaining ecological balance and sustainable use of natural
resources.

9. Sangam Literature
 24

Sangam literature from Tamil Nadu describes the harmony between

humans and nature. The poems classify landscapes into 5 categories:

 Kurinji – Hills
 Mullai – Forests
 Marutham – Agricultural land
 Neithal – Coastal areas
 Palai – Desert
The poems celebrate the fertility of forests and the life-giving
properties of rivers like Kaveri and Vaigai. Forest were maintained to
protect biodiversity. Wildlife conservation and maintaining ecological
balance and sustainable use of natural resources were integral to
Sangam culture.

10. Ashoka and Buddhism

Ashoka (268–232 BCE) promoted non-violence (Ahimsa) and

compassion toward animals and nature. His edicts prohibited hunting
and established animal sanctuaries. Ashoka’s environmental policies
included planting trees along roadsides and constructing wells and rest
houses for travelers.

11. Colonial Period

The British exploited India’s natural resources for trade and

industrialization. Deforestation and land clearance for plantation
agriculture caused environmental degradation. However, British laws
like the Forest Act of 1865 and the Wildlife Protection Act of 1912 were
introduced to manage these resources. These laws primarily served
colonial economic interests rather than environmental protection.
 25

12. Post-Independence Period

After independence, India adopted constitutional provisions to protect

the environment. The 42nd Amendment (1978) added Article 48A and
51A(g), making environmental protection a duty of both the state and
citizens. Landmark cases like M.C. Mehta v. Union of India (1986)
reinforced the right to a clean environment under Article 21. Major
environmental laws include the Water Act (1974), Air Act (1981), and
Environment Protection Act (1986).

Conclusion

India’s environmental history reflects a deep-rooted connection

between culture and nature. Ancient Indian texts, religious teachings,
and early legal codes promoted sustainable practices and
environmental harmony. Modern environmental laws have built upon
this legacy, reinforcing the need for sustainable development and
environmental protection.

Environmental History of Europe

The environmental history of Europe reflects the evolving relationship
between human societies and nature. In ancient times, Greek and
Roman civilizations caused deforestation and soil erosion through
agriculture and urbanization.

The medieval period saw forest regrowth after the fall of the Roman
Empire, but expansion of agriculture and feudalism later led to
renewed deforestation and soil degradation.

The Industrial Revolution (18th–19th century) marked a significant shift

with urbanization, coal mining, and industrial pollution, resulting in
 26

severe air and water pollution. Notable cases include the Donora
Smog (1948) and the London Smog (1952), which highlighted the
dangers of industrial pollution.

The 20th century saw environmental disasters like the Chernobyl

nuclear accident (1986) and the Torrey Canyon oil spill (1967),
leading to increased environmental awareness and regulatory action.
The rise of environmentalism prompted policies such as the European
Green Deal (2019) and the Kyoto Protocol (1997) to combat
climate change and pollution.

The European Court of Justice (ECJ) played a key role in environmental

protection through cases like Commission v. France (C-121/03),
where France was held accountable for failing to protect natural
habitats. Europe's environmental history highlights the tension
between development and sustainability, driving modern efforts
toward ecological balance.
 27

Principles of Environmental
Protection
Environmental protection is a fundamental responsibility of states and
individuals to preserve natural resources and prevent environmental
degradation. Various international agreements, constitutional
mandates, and judicial pronouncements have established several
guiding principles for environmental protection. These principles aim to
strike a balance between economic development and environmental
sustainability. Courts, particularly the Supreme Court of India, have
played a crucial role in reinforcing these principles through landmark
judgments. Below is a detailed explanation of the key principles of
environmental protection, along with relevant case laws:

1. Precautionary Principle

The Precautionary Principle is based on the idea that when an

activity poses a threat to the environment, precautionary measures
should be taken even if there is no conclusive scientific proof of harm.
It requires decision-makers to anticipate and prevent environmental
harm rather than reacting after damage has occurred. This principle
shifts the burden of proof to the polluter or developer, who must
satisfy that their activity will not cause environmental harm.
 28

The precautionary principle was first introduced at the international

level through the Rio Declaration on Environment and
Development, 1992, which states in Principle 15 that "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." The Indian judiciary
has recognized and enforced this principle in several cases.

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

The Supreme Court applied the precautionary principle to address

pollution caused by tanneries in Tamil Nadu. The court held that
industries must adopt eco-friendly technologies to prevent pollution
and that the state is obligated to anticipate and prevent environmental
harm. The court emphasized that the burden of proof rests on the
industry to show that their activity will not cause environmental harm.

2. Polluter Pays Principle

The Polluter Pays Principle holds that those responsible for

environmental pollution should bear the costs associated with
mitigating the damage. This principle ensures that the polluter is
financially liable for the harm caused by him to the environment and
affected communities.

This principle was established under Principle 16 of the Rio

Declaration (1992), which states that "the polluter should bear the
cost of pollution, including costs related to health and environmental
damage." The Indian judiciary has consistently upheld the polluter
 29

pays principle to hold industries and individuals accountable for

environmental damage.

Case Law:

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

The Supreme Court applied the polluter pays principle while addressing
pollution caused by chemical industries in Rajasthan. The court
directed the polluting industries to compensate the affected villagers
and bear the cost of environmental restoration. The court held that the
responsibility to restore the environment lies with the polluter,
regardless of intent or negligence. This case highlighted that industries
must adopt cleaner technologies and ensure that their operations do
not harm the environment.

3. Sustainable Development Principle

The Sustainable Development Principle is based on the ideas of

balancing economic growth with environmental protection. It aims to
meet the needs of the present generation without compromising the
ability of future generations to meet their own needs. This principle
encourages the use of renewable resources, reduction in pollution, and
protection of biodiversity.

The concept of sustainable development gained global recognition

through the Brundtland Report (1987) and was incorporated into
Principle 1 of the Rio Declaration (1992). The Indian judiciary has
recognized sustainable development as an essential element of
environmental protection.
 30

Narmada Bachao Andolan v. Union of India (2000),

The Supreme Court balanced the need for development with

environmental protection while approving the construction of the
Sardar Sarovar Dam. The court held that development projects must
be implemented in a manner that minimizes environmental harm and
ensures the rehabilitation of affected persons. The court stated that
sustainable development requires that environmental concerns be
integrated into the planning and execution of economic projects.

4. Public Trust Doctrine-

The Public Trust Doctrine establishes that certain natural resources

such as air, water, forests, and wildlife are held in trust by the state for
the benefit of the public. Under this principle, the government is the
trustee and is obligated to protect and maintain these resources for
the benefit of the public rather than allowing private exploitation.

This doctrine has its roots in Roman law, where natural resources were
considered common property. The Indian judiciary has applied the
public trust doctrine to prevent the privatization and exploitation of
natural resources.

M.C. Mehta v. Kamal Nath (1997 AIR 3887), the Supreme Court
invoked the public trust doctrine to prevent the diversion of forest land
for private use. The court held that the government could not grant
private ownership of natural resources as they are held in trust for the
public.

5. Intergenerational Equity Principle

 31

The Intergenerational Equity Principle emphasizes that the

present generation has a duty to preserve and protect the
environment for future generations. This principle seeks to ensure that
future generations inherit a healthy and balanced ecosystem.

The principle was first introduced through the Stockholm

Declaration (1972) and reaffirmed in the Rio Declaration (1992).
Indian courts have recognized this principle in cases involving
deforestation, mining, and industrial pollution.

State of Himachal Pradesh v. Ganesh Wood Products (1995),

the Supreme Court held that forest conservation is essential to protect
the rights of future generations. The court directed the state to impose
strict controls on deforestation and ensure the sustainable use of forest
resources.
 32

Fundamental Duties and Environment

The 42nd Amendment introduced ten fundamental duties in Article
51A, and a subsequent amendment in 2002 (by the 86th Amendment)
added an eleventh duty. Among these, Article 51A(g) explicitly
relates to environmental protection and imposes a moral and
constitutional duty on citizens to protect and improve the environment.

Article 51A(g) of the Constitution states:

"It shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wildlife, and to
have compassion for living creatures." This provision imposes two
primary responsibilities on every citizen:

1. Protecting the environment – Ensuring that human activities do not

harm the environment, such as preventing pollution, deforestation, and
wildlife destruction.

2. Improving the environment – Contributing positively toward

environmental sustainability through afforestation, water conservation,
waste reduction, and supporting eco-friendly practices.

Judicial Interpretation

The Indian judiciary has played a crucial role in strengthening the

enforcement of Article 51A(g) and recognizing environmental
protection as an essential constitutional duty. Courts have treated this
duty as a guiding principle in environmental cases and policy-making.

(i) M.C. Mehta v. Union of India (1987) (Taj Trapezium Case)

 33

The Supreme Court held that environmental protection is part of the

right to life under Article 21 and that citizens have a duty under
Article 51A(g) to ensure that industries near the Taj Mahal do not
cause environmental damage. The Court ordered the relocation of
polluting industries to protect the Taj Mahal from environmental
damage caused by acid rain and air pollution.

(ii) Animal Welfare Board of India v. A. Nagaraja (2014)

The Supreme Court banned the practice of Jallikattu (bull-taming

sport) on the ground that it violated the duty under Article 51A(g) to
show compassion for living creatures. The Court recognized that
animal rights are part of environmental protection and human
responsibility.

(iii) Rural Litigation and Entitlement Kendra v. State of U.P.

The Supreme Court ordered the closure of limestone quarries in the

Mussoorie hills because they were causing environmental degradation.
The Court held that protecting the environment is a constitutional
obligation under Article 51A(g).

PIL in Environmental Protection

 34

Public Interest Litigation (PIL) has become one of the most significant
tools for environment protection in India. Over the past few decades,
the Indian judiciary has played an major role in environmental
protection by entertaining PILs filed by individuals and non-
governmental organizations (NGOs). PIL has emerged as a legal
weapon to hold state authorities and private entities accountable for
environmental degradation and to ensure that the constitutional right
to a clean and healthy environment as enshrined under Art 21 is
safeguarded. PIL has not only broadened the scope of access to justice
but also strengthened environmental governance through judicial
activism.

Meaning and Concept of Public Interest Litigation (PIL)

Judicial Activism and Environmental Protection

Judicial activism refers to the proactive role played by the judiciary in

addressing social, economic, and environmental issues through
innovative interpretations of constitutional provisions and legal
doctrines. The Supreme Court and High Courts have used PIL as a tool
for judicial activism in environmental matters. Article 32 of the
Constitution empowers the Supreme Court, and Article 226 empowers
the High Courts to issue writs for the enforcement of fundamental
rights, including the right to a clean and healthy environment.

Through PIL, the courts have interpreted Article 21 (Right to Life) to

include the right to a pollution-free environment and the right to clean
air and water. This has allowed courts to direct state authorities to take
corrective action, impose fines on polluters, and order the closure of
polluting industries. Courts have also incorporated international
 35

environmental doctrines such as the polluter pays principle, the

precautionary principle, and the concept of sustainable
development into Indian environmental jurisprudence.

Landmark Cases in PIL and Environmental Protection

1. Union Carbide Corporation v. UOI (Bhopal Gas Tragedy Case)

(1984)

The Bhopal gas tragedy was one of the worst industrial disasters in
history, where the release of methyl isocyanate gas from a chemical
plant in Bhopal killed over 15,000 people and injured thousands. The
Supreme Court introduced the concept of absolute liability in this
case, holding that industries engaged in hazardous activities are
absolutely liable to compensate victims, even if the accident was
caused without negligence. The principle of absolute liability imposes
strict accountability on industries dealing with hazardous substances.

2. Rural Litigation and Entitlement Kendra v. State of UP (Doon

Valley Case) (1985)

This case involved indiscriminate limestone mining in the Doon Valley,

causing ecological degradation and pollution. The Supreme Court held
that the right to life under Article 21 includes the right to live in a
pollution-free environment. The court ordered the closure of limestone
quarries and directed the state to take measures to restore the
ecological balance in the region. This case marked a significant step in
recognizing environmental rights under the framework of fundamental
rights.

3. Ratlam Municipal Council v. Vardhichand (1980)

 36

In this case, the residents of Ratlam filed a PIL against the municipal
council for failing to maintain proper drainage and sewage disposal
systems. The council argued that it lacked funds to undertake
corrective measures. The Supreme Court rejected this defence, holding
that the municipal authority has a constitutional duty to protect public
health and provide basic sanitation facilities. This case reinforced the
obligation of local authorities to protect the environment and public
health, regardless of financial constraints.

4. M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987)

This case involved a gas leak from a chemical plant in Delhi, which
resulted in casualties and serious health issues. Environmentalist and
lawyer M.C. Mehta filed a PIL, leading the Supreme Court to apply the
principle of absolute liability. The court ruled that industries engaged in
hazardous activities are strictly liable for any harm caused, irrespective
of negligence. The concept of absolute liability replaced the traditional
principle of strict liability established in Rylands v. Fletcher (1868),
which allowed certain exceptions to liability.

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

In this case, the Supreme Court addressed pollution caused by

tanneries along the Palar River in Tamil Nadu. The court applied the
polluter pays principle and the precautionary principle, directing
the tanneries to compensate victims and restore the ecological
balance. The court ruled that industries causing environmental harm
must bear the cost of environmental restoration and compensate the
affected communities. This case established the legal framework for
environmental accountability in India.
 37

6. Research Foundation for Science, Technology and Natural

Resources Policy v. Union of India (2007)

This case involved the French ship ‘Clemenceau,’ which posed a threat
to the marine environment at the Alang shipbreaking yard in Gujarat.
The Supreme Court issued guidelines for the decontamination of ships
before dismantling and laid down procedures for the classification and
disposal of hazardous waste. The court's decision emphasized the
importance of regulating the shipbreaking industry to protect marine
ecosystems.

Judicial Principles Established Through PIL

Through PIL, the Indian judiciary has established several key principles
in environmental law:

1. Polluter Pays Principle

2. Precautionary Principle.
3. Absolute Liability Public Trust Doctrine
4. Sustainable Development

Challenges in PIL for Environmental Protection

While PIL has been instrumental in strengthening environmental

protection, it has also faced certain challenges:

 Misuse of PIL – Some PILs are filed for personal gain or political
motives rather than genuine public interest.
 38

 Implementation Delays – Despite favorable court rulings,

enforcement of environmental norms is often delayed.
 Conflict with Development Goals – Industrial and infrastructure
development often clashes with environmental protection measures.
 Overburdened Judiciary – The growing number of PILs has increased
the burden on the judiciary, leading to delays in resolution.

Slide 15: Him Privesh Environment Protection Society v. State

of Himachal Pradesh

A cement plant was established in violation of Environmental Impact

Assessment (EIA) regulations. Court imposed damages of ₹100
crores (25% of project cost) on the plant owner under the Polluter
Pays Principle.

Slide 16: List of M.C. Mehta Cases

 Taj Trapezium Case – protection of Taj Mahal from pollution.

 Ganga Pollution Case – closure of Kanpur tanneries for polluting

Ganga.

 Vehicular Pollution Case – regulation of vehicle emissions in Delhi.

 Industrial Pollution Case – pollution control measures for industries

in Delhi.

PIL – Not for Private Gains

PILs should not be filed for personal gains or to settle personal scores.

 In Satyavani v. Andhra Pradesh Pollution Control Board,

objections to a meat processing unit on sentimental grounds were
rejected.
 39

 In Subhash Kumar v. State of Bihar, the court rejected a PIL aimed

at securing personal benefits.

Purity and Sanctity of PIL

To maintain the integrity of PIL:

 Should be genuine and bonafide.

 Should address issues of substantial public interest.

 No personal or oblique motives should be involved.

Slide 21: Silent Valley Case

Case against the construction of a hydroelectric project in Silent Valley,

Kerala. Kerala High Court rejected the PIL. However, environmental
activists and public protests forced the government to abandon the
project.

Article 246
The Seventh Schedule of the Constitution of India (Article 246)
divides the legislative powers between the Union and State
governments under three lists:

1. Union List – Subjects on which only the Parliament can legislate.

2. State List – Subjects on which only the State Legislature can legislate.
 40

3. Concurrent List – Subjects on which both the Parliament and State

Legislatures can legislate. In case of conflict, the law made by
Parliament prevails.

Environmental Aspects in the Seventh Schedule

Environmental matters are primarily covered under the State List and
Concurrent List since environmental protection requires joint
responsibility and coordination between the central and state
governments.

1. Union List (List I)

While the Union List does not explicitly mention environmental

protection, certain subjects have an indirect bearing on the
environment:

 Entry 6 – Atomic energy and mineral resources necessary for its

production.

 Entry 14 – Entering into treaties and agreements with foreign

countries and implementing them (includes international
environmental agreements).

 Entry 29 – Airways, aircraft, and air navigation (air pollution can be

regulated under this).

 Entry 52 – Industries, the control of which by the Union is declared by

Parliament by law in the public interest (includes polluting industries).

 Entry 53 – Regulation and development of oilfields and mineral

resources.

 Entry 54 – Regulation of mines and mineral development.

 Entry 56 – Regulation of inter-state rivers and river valleys.

 Entry 57 – Fishing and fisheries beyond territorial waters.

 41

2. State List (List II)

The State List contains subjects where the state governments have
legislative powers, which also influence environmental protection:

 Entry 6 – Public health and sanitation; hospitals and dispensaries

(includes pollution control).

 Entry 14 – Agriculture (environmental aspects of farming, soil

conservation, pesticide use).

 Entry 18 – Land (management of land resources, deforestation, and

land use planning).

 Entry 21 – Fisheries (regulation of inland fisheries).

 Entry 23 – Regulation of mines and mineral development (subject to

the provisions of the Union List).

 Entry 24 – Industries (excluding those under the Union List).

 Entry 25 – Gas and gas works (regulation of gas emissions).

 Entry 30 – Prevention of cruelty to animals.

 Entry 31 – Water supply, irrigation, canals, drainage, embankments,

and water storage (regulation of water pollution).

3. Concurrent List (List III)

The Concurrent List provides for joint legislative responsibility of both

the Union and State governments, which directly addresses
environmental protection:

 Entry 17 – Prevention of cruelty to animals.

 Entry 17A – Forests.

 Entry 17B – Protection of wild animals and birds.

 Entry 20 – Economic and social planning (includes sustainable

development).
 42

 Entry 29 – Prevention of the extension from one state to another of

infectious or contagious diseases (includes environmental health).

 Entry 32 – Shipping and navigation on inland waterways (includes

prevention of water pollution).

1. State of Bihar v. Murad Ali Khan (1988)

The Supreme Court held that the protection of wildlife and the
environment is part of the constitutional obligation under the
Concurrent List (Entry 17B).

2. M.C. Mehta v. Union of India (1987)

The Supreme Court held that Parliament and State Legislatures have
the authority to regulate and prevent environmental pollution under
the Concurrent List.

Constitutional Provisions for

Environmental Protection in India
The Indian Constitution establishes a distinctive federal
framework that outlines the legislative powers of the Central and State
governments. Initially, there were no explicit provisions for
environmental protection in the Indian Constitution though it was
implicit in the Preamble and Directive Principles of State Policy. With
time, the state has realized its responsibility to protect the
environment. After that, the idea of environmental rights (in
Fundamental Rights) and obligations (in Fundamental Duties) have
been added to Constitution. Today, the Constitutional provision is that
the environment must be maintained and protected and every citizen
has the right to live in a clean and healthy environment.
 43

1. Preamble and Environmental Protection

The Preamble to the Indian Constitution begins with the phrase “We,
the People of India” and declares India to be a Sovereign Socialist
Secular Democratic Republic. It outlines the core objectives of the
Constitution, including justice, liberty, equality, and fraternity.

 The term "Socialist" was added to the Preamble by the 42nd

Amendment Act, 1976. It reflects the commitment to creating a
welfare state where social justice prevails.

 Environmental protection is essential for social welfare, as a polluted

and degraded environment can damage public health and economic
stability.

 The phrase "Democratic Republic" implies that the government is

accountable to the people and is responsible for ensuring a clean and
healthy environment for its citizens.

 The State’s responsibility to maintain a clean environment is rooted in

the principle of social justice, which forms the core of India’s socialist
goals.

 In State of Bihar v. Murad Ali Khan (1988), the Supreme Court held
that the protection of the environment and natural resources is an
essential element of social justice and, therefore, it forms the core of
India’s socialist goals.

2. Right to Life and Environmental Protection

 44

Article 21 of the Constitution guarantees the right to life and personal

liberty: "No person shall be deprived of his life or personal liberty
except according to procedure established by law."

1. Subhash Kumar v. State of Bihar (1991)

The Supreme Court held that the right to life includes the right to enjoy
pollution-free water and air for full enjoyment of life. The Court ruled
that environmental pollution that affects the quality of life is a direct
violation of Article 21.

2. M.C. Mehta v. Union of India (1988) (Ganga Pollution Case)

The Supreme Court ordered the closure of polluting industries near the
Ganga River. The Court emphasized that the right to life under Article
21 includes the right to a clean environment.

3. Charan Lal Sahu v. Union of India (1990)

o The Court held that the State has a constitutional obligation to take
effective steps to protect the environment and safeguard the health of
citizens.

4. M.C. Mehta v. Kamal Nath (1997)

The Supreme Court applied the Public Trust Doctrine, holding that
natural resources such as rivers, forests, and lakes are held in trust by
the State for public use and environmental protection. The Court ruled
that disturbance of ecological balance would violate Article 21.

3. Right to Equality and Environmental Protection

According to Article 14 of the Constitution, everyone is entitled to

equality before the law and equal protection under the law. Article 14
 45

implicitly imposes an obligation on the state to exercise fairness in its

environmental protection measures.

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

The Supreme Court held that the State’s failure to prevent

environmental harm affecting certain communities violated Article 14.
The Court emphasized that environmental protection must be ensured
equally for all citizens.

2. Rural Litigation and Entitlement Kendra v. State of UP (1985)

The Court ordered the closure of limestone quarries in Mussoorie,

holding that the unequal exposure to environmental hazards violated
the right to equality.

4. Freedom of Speech and Environmental Protection

Article 19(1)(a) guarantees the right to freedom of speech and

expression. This includes the right to raise concerns and seek judicial
intervention in matters of environmental protection.

Rural Litigation and Entitlement Kendra v. State of UP (1985),

the Court held that raising concerns about environmental issues
through protests and legal action is part of the constitutional right to
freedom of speech and expression.

5. Freedom of Trade and Environmental Protection

Article 19(1) has also been interpreted by the Supreme Court to

address the threat of noise pollution. In the PA Jacob case, 1993, the
court upheld the position that using loudspeakers or sound amplifiers
is not protected under Article 19(1).
 46

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.

1. Abhilash Textile v. Rajkot Municipal Corporation (1988)

The Court held that the right to conduct a business or trade cannot
override environmental protection laws. The restriction IUon trade to
prevent environmental harm was considered a reasonable restriction
under Article 19(6).

2. M.C. Mehta v. Union of India (1987)

The Supreme Court ordered the closure of polluting industries near the
Taj Mahal, ruling that the right to trade cannot be exercised at the cost
of environmental degradation.

6. DPSP
7. Fundamental Duties and Environmental Protection

8. International Environmental Obligations

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,”. Simply put,
this article contends that Parliament has the authority to pass laws
pertaining to any issues related to environmental protection. 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.
 47

Vellore Citizens’ Welfare Forum v. Union of India , the Court held

that customary international law relating to environmental protection
is binding on Indian courts unless it conflicts with domestic law.

9. Conclusion

The Indian Constitution places a dual obligation on the State and

citizens to protect and improve the environment. Through judicial
interpretation and legislative action, environmental protection has
evolved into a constitutional mandate. The courts have expanded the
scope of fundamental rights to include the right to a clean and safe
environment, reinforcing the State's obligation to protect the
environment for present and future generations.

Role of Higher Judiciary in Protecting

the Environment
The higher judiciary, comprising the Supreme Court and High
Courts of India, has played a crucial role in the protection and
preservation of the environment. Through its innovative interpretation
of constitutional provisions, expansion of fundamental rights, and
active judicial interventions, the higher judiciary has significantly
contributed to the development of environmental jurisprudence in
India.

Role of Local bodies in environment

Local bodies play a crucial role in environmental protection through
constitutional and statutory mandates. The 74th Amendment Act,
1992 empowers municipalities to regulate urban planning, waste
 48

management, water supply, sanitation, and environmental protection

under Schedule XII.

Similarly, the 73rd Amendment Act, 1992 assigns Panchayati Raj

Institutions (PRIs) with the responsibility of land improvement, water
management, afforestation, and environmental conservation under
Schedule XI.

Local bodies are responsible for managing solid waste, sewage, and
hazardous waste under the Solid Waste Management Rules, 2016
and Plastic Waste Management Rules, 2016. They monitor air and
water pollution, regulate noise pollution under the Noise Pollution
(Regulation and Control) Rules, 2000, and promote green
initiatives like urban forestry and rainwater harvesting.

Landmark cases like Municipal Council, Ratlam v. Vardichan

(1980) and Almitra H. Patel v. Union of India (2000) have
reinforced their obligation to provide sanitary facilities and adopt
scientific waste management methods.

Local bodies also engage communities through awareness program

and promote sustainable urban practices to ensure environmental
protection at the grassroots level.

right to environment vs right to

development
The right to environment and the right to development often
come into conflict, requiring a delicate balance between environmental
protection and economic growth.
 49

The right to environment stems from the recognition that a clean

and healthy environment is essential for the well-being of individuals
and communities. It is supported by Article 21 of the Indian
Constitution, which guarantees the right to life and has been
interpreted by the judiciary to include the right to a pollution-free
environment (e.g., Subhash Kumar v. State of Bihar).

On the other hand, the right to development emphasizes the need

for economic progress, infrastructure growth, and social advancement,
which are essential for improving the standard of living and reducing
poverty. The challenge lies in harmonizing these two rights to ensure
that development does not come at the cost of environmental
degradation.

The Supreme Court in Vellore Citizens Welfare Forum v. Union of India

(1996) highlighted the principle of sustainable development as a
means to balance environmental protection and developmental needs,
emphasizing that development should meet the needs of the present
without compromising the ability of future generations to meet their
own needs.
 50

Prevention and Control of Water

Pollution
Under Section 19 of the Act, the state board has the authority to limit
the territorial scope of its orders related to water pollution control. It
can declare an area as polluted based on a map, watershed line, or
district boundary.

Section 20 empowers the state board to inspect land, conduct

surveys, and request information from industries regarding their
construction, installation, and operations to control water pollution.
Under Section 21, the state board or its representatives can analyze
any stream or well to prevent and control pollution.

The state board can prevent any person from discharging poisonous,
noxious, or polluting substances as per the standards laid down in the
Act. According to Section 25, no industry or new operation involving
sewage treatment can start without prior approval from the state
 51

board. If started without approval, the board may impose conditions or

penalties.

Under Section 27, the state board has the power to refuse permission
for setting up or continuing an industry. It can also review and modify
conditions attached to the approval notice.

The Air (Prevention and Control of

Pollution) Act, 1981
Powers of the Board:

1. Power to Give Directions (Section 18, 31A):

The Central Board follows directions from the Central Government, and
State Boards follow directions from their respective State
Governments. In case of conflict, the Central Government's decision
prevails. The Central Government can intervene if a State Board fails to
comply with Central Board orders. The Central Government may direct
the closure, prohibition, or regulation of industries and stoppage of
water, electricity, or other services in the industries

2. Power to Declare Air Pollution Areas (Section 19):

The State Government, after consulting the State Board, can declare,
modify, or merge areas as 'air pollution areas.' It can prohibit the use
of fuels or appliances causing pollution and restrict burning of
materials that cause pollution.

3. Power to Restrict Emissions from Vehicles (Section 20):

 52

The State Government can direct vehicle registration authorities to

comply with emission standards under Section 17(1)(g).

4. Restrictions on Industrial Plants (Section 21):

Industrial plants must get State Board consent before operation. Plants
must install and maintain control equipment and comply with emission
standards. Failure to comply can result in revocation of permission.

5. Prohibition of Excess Emissions (Section 22):

Industries must not emit pollutants beyond State Board-prescribed

standards.

6. Power to Restrain Polluters (Section 22A):

The Board can seek court orders to restrain industries from causing
pollution.

7. Furnishing of Information (Section 23):

Industries must inform the State Board of accidental emissions.

8. Power of Entry and Inspection (Section 24):

The State Board can inspect industrial plants, control equipment, and
records, manufacturing process. Industries must cooperate during
inspections.

9. Power to Obtain Information (Section 25):

The State Board can demand details of pollutants and emissions from
industries.

10. Power to Take Samples (Section 26):

 53

The Board can take air or emission samples following due procedure.
Samples must be sealed and signed in the presence of the occupier or
agent. Refusal to cooperate does not invalidate the sample collection.

Vehicular Pollution Case – M.C. Mehta v. Union of India (1991)

The case of M.C. Mehta v. Union of India (1991) is a landmark

judgment concerning vehicular pollution and its impact on public
health and the environment. M.C. Mehta, a renowned environmental
activist and lawyer, filed a Public Interest Litigation (PIL) under Article
32 of the Indian Constitution, highlighting the alarming increase in air
pollution in Delhi caused by vehicular emissions. He argued that the
right to a clean environment and pollution-free air is part of the
fundamental right to life under Art 21 of the Constitution.

Key Issues Raised:

1. Excessive vehicular pollution in Delhi leading to health hazards

and environmental degradation.

2. Failure of the government and regulatory authorities to regulate

emission standards effectively.

3. Lack of infrastructure and stringent policies to control pollution

from vehicles.

Judgement:

 The Supreme Court upheld that the right to a clean and pollution-
free environment is a fundamental right under Article 21 (Right to
 54

Life). The court directed the Central Government and state authorities
to take immediate steps to control vehicular pollution, including:

 Introduction of Compressed Natural Gas (CNG) as an alternative to

petrol and diesel.
 Mandating stricter emission standards and promoting the use of
clean fuels.
 Installation of catalytic converters in vehicles to reduce harmful
emissions.

This case established the foundation for environmental governance

concerning vehicular pollution in India and led to significant reforms in
emission control policies

Taj Trapezium Case (M.C. Mehta v. Union of India, 1997)

 The Taj Mahal, located in Agra, was suffering severe damage due
to air pollution caused by nearby industries and vehicular emissions.

 The Supreme Court ruled that pollution from Mathura Oil Refinery
and other industries in the vicinity (known as the "Taj Trapezium
Zone") was causing yellowing and corrosion of the Taj Mahal’s marble.

 The court ordered the closure or relocation of polluting industries

within the Taj Trapezium Zone.

 The court directed that industries in the area must shift to

cleaner fuels such as CNG or LPG to reduce emissions.

 The judgment reinforced the State's obligation to protect cultural

heritage under Article 49 of the Constitution and the right to a healthy
environment under Article 21.
 55

Subhash Kumar v. State of Bihar (1991 AIR 420)

Subhash Kumar filed a PIL under Article 32, claiming that the
discharge of toxic industrial waste by Tata Iron and Steel Company
(TISCO) into the river made the water unfit for consumption and
harmed public health. He argued that the right to clean water and a
pollution-free environment is a fundamental right under Article 21.

Issue:

Whether the right to clean water and a pollution-free environment can

be protected under Article 21.

Judgment:

 The Supreme Court held that the right to life under Article 21
includes the right to enjoyment of pollution-free water and air for full
enjoyment of life.

 However, the court dismissed the petition, holding that Subhash

Kumar’s petition was motivated by personal interest rather than
genuine public interest.

 The case established the principle that environmental protection

and the right to a clean environment are enforceable under Article 21
but must be approached in good faith.
 56

Noise Pollution (Regulation and

Control) Rules, 2000
The Noise Pollution (Regulation and Control) Rules, 2000 were
enacted under the authority of the Environment Protection Act,
1986 to regulate and control noise pollution and maintain ambient air
quality standards concerning noise. These rules aim to protect
individuals from the harmful effects of excessive noise and establish
guidelines for permissible noise levels in different areas. The rules
define specific measures for noise control and empower authorities to
take action against violators.

Key Provisions of the Noise Pollution (Regulation and Control)

Rules, 2000:

1. Definitions (Rule 2):

o The rules define key terms such as "ambient air quality

standards in respect of noise," "area/zone," "authority,"
"person," "sound," and "noise."

o Noise is defined as unwanted sound that causes discomfort

or harm to individuals and the environment.

2. Ambient Air Quality Standards in Respect of Noise (Rule

3):
 57

o The Central Government prescribes noise standards for

different areas:

 Industrial area – 75 dB during the day and 70 dB at

night

 Commercial area – 65 dB during the day and 55 dB

at night

 Residential area – 55 dB during the day and 45 dB at

night

 Silence zone – 50 dB during the day and 40 dB at

night

o "Daytime" is defined as 6:00 AM to 10:00 PM, and

"nighttime" is defined as 10:00 PM to 6:00 AM.

3. Declaration of Silence Zones (Rule 3(2)):

o Silence zones are defined as areas within 100 meters of

hospitals, educational institutions, courts, and religious
places.

o The State Government may declare additional areas as

silence zones.

o Any activity creating noise in these zones is prohibited,

including playing music, loudspeakers, horns, or bursting
firecrackers.

4. Vehicular Noise and Construction Activity (Rule 4):

o Vehicle owners must ensure that silencers or noise-control

devices are fitted properly.
 58

o Construction activities are restricted during nighttime in

residential and silence zones.

5. Restrictions on the Use of Loudspeakers/Public Address

System (Rule 5):

o Use of loudspeakers or public address systems is

prohibited between 10:00 PM and 6:00 AM except for:

 Public emergencies

 Cultural or religious occasions with prior permission

from the authority

o Loudspeakers should be fitted with sound limiters to control

the sound output.

6. Authority to Act (Rule 7):

o The State Pollution Control Board or any authorized officer

can take action against violators.

o Violators may face penalties under the Environment

Protection Act, 1986.

7. Complaints and Redressal (Rule 7):

o Individuals affected by noise pollution can file complaints

with the designated authority.

o The authority is empowered to issue directions to stop noise

pollution and take punitive action.

Important Case Laws:

 59

1. In Re: Noise Pollution (2005) 5 SCC 733

The Supreme Court held that the right to a peaceful environment
is part of the right to life under Article 21 of the Constitution.
The court directed strict implementation of noise pollution rules,
especially concerning loudspeakers and public address systems.

2. Church of God (Full Gospel) in India v. K.K.R. Majestic

Colony Welfare Assn. (2000) 7 SCC 282
The court ruled that religious freedom under Article 25 does not
include the right to create noise pollution. The court emphasized
that noise pollution must be controlled even during religious
events.

3. P.A. Jacob v. Superintendent of Police (1993) 1 KLT 722

The Kerala High Court held that the use of loudspeakers beyond
permissible limits violates the constitutional right to life and
directed the police to take necessary action.

4. Appa Rao v. Government of Tamil Nadu (2002) 2 MLJ 353

The Madras High Court upheld restrictions on the use of
loudspeakers near residential areas and religious institutions,
stressing that noise pollution adversely affects public health.
 60

Environmental Protection Act, 1986

The Environmental Protection Act (EPA) of 1986 is a significant
legislative measure in India aimed at safeguarding the environment
from pollution and deterioration. Prior to the enactment of the EPA,
environmental protection efforts in India were somewhat fragmented.

In 1980, the Department of Environment was established, which was

later converted into the Ministry of Environment and Forests in 1985.
The Air (Prevention and Control of Pollution) Act of 1981 was an earlier
attempt to control pollution, but the need for a more comprehensive
legislative framework was felt, leading to the formulation of the EPA.

The primary objective of the EPA is to take appropriate steps for the
protection and improvement of the environment, and to prevent
hazards to human beings, other living creatures, plants, and property.
The Act defines “environment pollution” as the presence of any
environmental pollutant in the environment, and “environment
pollutant” as any solid, liquid, or gaseous substance present in such
concentration as may be, or tend to be, injurious to the environment.

Objectives of the Environmental Protection Act

The Environmental Protection Act, 1986, was passed with several key
objectives in mind:

1. Implementation of International Decisions: The Act was

enacted to implement the decisions made at the United Nations
Conference on the Human Environment held in Stockholm in June
1972.
 61

2. Creation of Authority: It aimed to create authorities for

government protection and coordinate the activities of various
regulatory agencies under existing laws.

3. General Laws for Environmental Protection: The Act was

designed to enact general laws for environmental protection,
especially in areas facing severe environmental hazards.

4. Deterrent Punishment: It sought to provide deterrent

punishment to those endangering the human environment,
safety, and health.

5. Sustainable Development: The Act promotes sustainable

development, which includes achieving its objectives and
protecting life under Article 21 of the Indian Constitution.

Powers of the Central Government sec - 3

The EPA grants significant powers to the Central Government to take

measures for the protection and improvement of the environment.
These measures include:

1. Laying Down Standards: The Central Government can lay

down standards for the quality of the environment.

2. Coordination of Actions: It coordinates actions with state

officers and other authorities under any law.

3. National Programmes: It oversees the execution and proper

planning of national programmes for the prevention, control, and
abatement of environmental pollution.
 62

4. Restrictions on Industries: It can impose restrictions on the

location of industries and the carrying out of processes and
operations in different areas.

5. Accident Prevention: It lays down procedures and safeguards

for the prevention of accidents that may cause environmental
pollution and provides for remedial measures.

6. Handling Hazardous Substances: It establishes procedures

and safeguards for handling hazardous substances.

7. Examination and Inspection: It examines manufacturing

processes, materials, and substances likely to cause
environmental pollution and has the power to inspect premises,
equipment, and materials.

8. Information Dissemination: It collects and disseminates

information related to environmental pollution and prepares
manuals, codes, and guides for controlling pollution.

9. Establishment of Laboratories: It establishes laboratories for

the effective implementation of the Act.

10. Authorization of Authorities: Under Section 3 of the Act,

the Central Government can authorize or constitute other
authorities for implementing its powers and duties.

Case Law: Vellore Citizens’ Welfare Forum v. Union of India

In the landmark case of Vellore Citizens’ Welfare Forum v. Union of

India, the Supreme Court directed the Central Government to
constitute an authority under Section 3(3) of the EPA to implement
powers for protecting the environment. The Court emphasized the
 63

importance of implementing the “precautionary principle” and the

“polluter pays principle” to combat environmental degradation.

Power to Give Directions – sec 5

The EPA empowers the Central Government to issue written directions

to any person or officer, who must comply with these directions. These
powers include:

1. Closure or Regulation of Industries: The Central Government

can direct the closure, prohibition, or regulation of any industry or
its operational processes.

2. Stoppage or Regulation of Services: It can order the

stoppage or regulation of the supply of electricity or other
services to any industry or process that is polluting the
environment.

Section 7 – Prohibition of Emission or Discharge of

Environmental Pollutants

Section 7 explicitly prohibits any person from discharging or emitting

environmental pollutants beyond the prescribed standards. The
government is responsible for setting these standards, which are
aimed at ensuring that pollution levels remain within acceptable limits.
If any individual or industry violates these standards, they can be held
liable under the provisions of the Act. This section imposes a legal
obligation on industries and individuals to comply with environmental
standards and ensures accountability for environmental damage.

Section 8 – Handling of Hazardous Substances

 64

Section 8 prohibits the handling of hazardous substances unless the

person or entity handling them complies with the prescribed safety
standards. This includes taking appropriate measures for the storage,
transport, and disposal of hazardous substances. The section ensures
that industries dealing with hazardous materials adopt safe handling
practices to prevent accidents and environmental contamination. Non-
compliance with this section can lead to severe penalties, including
fines and imprisonment.

Section 10 – Power of Entry and Inspection

Section 10 authorizes government officials to enter any premises for

the purpose of conducting inspections and investigations related to
environmental protection. The officials can examine documents,
records, and operational processes to ensure that environmental
regulations are being followed. They are also empowered to collect
samples and seize any materials that are in violation of the prescribed
environmental standards. This section gives the government strong
enforcement powers to ensure compliance with the Act.

Section 11 – Power to Take Samples and Procedure

Section 11 lays down the procedure for taking samples of air, water,
soil, or other substances to determine whether they conform to
environmental standards. The samples must be collected and sealed in
the presence of the occupier or their representative. A detailed record
of the sample collection process must be maintained, and the sample
must be analyzed in a recognized laboratory. The analysis report can
be used as evidence in legal proceedings if the sample is found to
violate environmental standards. This section ensures that the process
of collecting and analyzing samples is transparent and legally sound.
 65

Section 12 – Environmental Laboratories

Section 12 provides for the establishment of environmental

laboratories by the Central Government for the purpose of testing and
analyzing samples related to environmental pollution. The government
can recognize specific laboratories as authorized testing centers. The
reports and findings of these laboratories carry legal validity and can
be used as evidence in court cases. This section ensures that
environmental testing is carried out by qualified and accredited
institutions.

Section 13 – Government Analysts

Section 13 empowers the Central Government to appoint qualified

analysts to carry out tests and analyses related to environmental
pollution. The reports prepared by these government analysts are
considered admissible evidence in court. The appointment of
government analysts ensures that environmental monitoring is
conducted by competent professionals and that the analysis results are
reliable and legally enforceable.

Section 15 – Penalty for Contravention of Provisions

Section 15 imposes penalties for violating the provisions of the

Environmental Protection Act. If any person fails to comply with the Act
or the rules and directions issued under it, they can be punished with
imprisonment for up to 5 years or a fine of up to ₹1 lakh or both. If
the violation continues beyond the prescribed period, an additional fine
of ₹5,000 per day may be imposed. In case the violation continues
for more than one year after the initial conviction, the person may
face imprisonment of up to 7 years. This section ensures strict
 66

enforcement of environmental regulations through financial and

criminal penalties.

Section 16 – Offenses by Companies

Section 16 holds company officials accountable for environmental

violations committed by their companies. If a company is found guilty
of violating environmental laws, every person in charge of the
company, including directors and managers, can be held liable unless
they can prove that the violation occurred without their knowledge or
that they took all reasonable steps to prevent it. This section ensures
that companies and their leadership are held accountable for
environmental harm caused by corporate activities.

Section 17 – Offenses by Government Departments

Section 17 extends the liability for environmental violations to

government departments. If a department of the government commits
an offense under the Act, the head of the department can be held
responsible unless they can prove that they exercised due diligence to
prevent the violation. This section ensures that government authorities
are held to the same environmental standards as private entities.

Section 20 – Cognizance of Offenses

Section 20 specifies the procedure for taking cognizance of offenses

under the Act. Courts can only take cognizance of an offense if a
complaint is made by the Central Government, an authorized officer, or
a person who has given 60 days’ notice to the government regarding
the violation. This section ensures that environmental cases are
handled through proper legal channels and prevents misuse of legal
provisions.
 67

Section 22 – Bar of Jurisdiction

Section 22 bars civil courts from hearing cases related to matters

covered under the Environmental Protection Act. Any challenge to an
action taken under the Act must be made through a writ petition filed
before the High Court or the Supreme Court. This section prevents
interference by lower courts and ensures that environmental cases are
handled by higher judicial bodies with the requisite authority and
expertise.

Section 23 – Power to Delegate

Section 23 empowers the Central Government to delegate its powers

under the Act to state governments, local authorities, or other officers.
This enables effective enforcement of environmental regulations at the
state and local levels. Delegation of power ensures that environmental
issues can be addressed more efficiently and promptly.

Section 25 – Power to Make Rules

Section 25 empowers the Central Government to make rules for

carrying out the purposes of the Act. These rules can cover:

 Standards for emission and discharge of pollutants.

 Procedures for handling hazardous substances.

 Conditions for establishing and operating industries.

 Measures for environmental protection and control of pollution.

The section ensures that the government has the authority to
create a detailed regulatory framework for environmental
management.
 68

Sustainable Development and the Environment Protection Act

One of the significant aspects of the Environmental Protection Act,

1986, is its emphasis on sustainable development. The concept of
sustainable development involves meeting the needs of the present
generation without compromising the ability of future generations to
meet their own needs. The Act aligns with this principle by promoting
environmental conservation and responsible use of natural resources.

The Act recognizes that sustainable development is essential for

achieving its objectives and protecting the fundamental right to life
under Article 21 of the Indian Constitution. This right includes the right
to a healthy environment, clean air, and safe drinking water. By
incorporating sustainable development principles, the Act aims to
balance economic growth with environmental protection.

Role of Environmental Impact Assessment (EIA)

Environmental Impact Assessment (EIA) is a critical tool for achieving

the objectives of the Environmental Protection Act, 1986. EIA involves
evaluating the potential environmental impact of proposed projects
and activities before they are approved or implemented. It helps
identify and mitigate the potential environmental impact, ensuring that
development projects are environmentally sustainable.

The EIA process includes several stages, such as screening, scoping,

public consultation, impact analysis, and decision-making. By
conducting EIAs, the government can make informed decisions,
minimize environmental damage, and promote sustainable
development.

Implementation Challenges and Recommendations

 69

Despite the comprehensive framework provided by the Environmental

Protection Act, 1986, several challenges hinder its effective
implementation. Some of these challenges include:

1. Lack of Awareness: There is often a lack of awareness among

the general public and industries about the provisions of the Act
and their responsibilities towards environmental protection.

2. Inadequate Enforcement: The enforcement of environmental

laws and regulations is sometimes weak due to limited resources,
lack of trained personnel, and bureaucratic hurdles.

3. Industrial Resistance: Industries may resist compliance with

environmental standards and regulations due to perceived high
costs and potential impacts on profitability.

4. Judicial Delays: Legal proceedings related to environmental

violations can be time-consuming, leading to delays in achieving
justice and remediation.

To address these challenges and improve the implementation of the

Environmental Protection Act, 1986, the following recommendations
are proposed:

1. Awareness Campaigns: Conducting awareness campaigns and

educational programs to inform the public, industries, and other
stakeholders about the importance of environmental protection
and compliance with the Act.

2. Strengthening Enforcement: Enhancing the capacity and

resources of enforcement agencies to ensure strict compliance
 70

with environmental regulations and timely action against

violators.

3. Industry Collaboration: Encouraging industries to adopt

environmentally sustainable practices and technologies through
incentives, support, and collaboration.

4. Judicial Reforms: Implementing judicial reforms to expedite the

resolution of environmental cases and ensure timely justice and
remediation.

5. Public Participation: Promoting public participation and

involvement in environmental decision-making processes, such
as public consultations during the EIA process.

Conclusion

The Environmental Protection Act, 1986, is a landmark legislation in

India aimed at protecting and improving the environment. It provides a
comprehensive framework for preventing and controlling
environmental pollution, promoting sustainable development, and
ensuring accountability for environmental violations. The Act
empowers the Central Government to take necessary measures for
environmental protection and grants significant powers for enforcing
its provisions.

The implementation of the Environmental Protection Act, 1986, faces

several challenges, including lack of awareness, inadequate
enforcement, industrial resistance, and judicial delays. However,
through awareness campaigns, strengthened enforcement, industry
collaboration, judicial reforms, and public participation, these
 71

challenges can be addressed, leading to more effective environmental

protection.

Overall, the Environmental Protection Act, 1986, plays a crucial role in

safeguarding the environment and promoting sustainable development
in India. It is essential for all stakeholders, including the government,
industries, and the public, to work together towards achieving the Act’s
objectives and ensuring a healthy and sustainable environment for
present and future generations.

strict liability and absolute liability

Meaning of Strict Liability

The concept of Strict Liability in torts is also referred as “No-Fault

Liability”, which can very explain this concept in an obvious manner-
“that liability would exist irrespective of any fault”. There exist certain
activities which are inherently so dangerous in nature that merely
carrying them on poses a duty on the person who does so, to
compensate for any damage irrespective of any carelessness on their
part. The rationale behind imposing such liability is the foreseeable risk
 72

involved in such activities. This principle was first applied by the House
of Lord in the case of Rylands v. Fletcher.

Meaning of Absolute Liability

Following the infamous “oleum gas leak case,” M.C. Mehta v. Union of
India, the idea of absolute culpability was developed in India. One of
the landmark cases in Indian law is this one. Strict liability is applied in
the M.C. Mehta case, but no exceptions are provided and the
defendant is held entirely responsible for his actions.

According to the ruling in the Ryland v. Fletcher case, the defendant

will not be permitted to raise a defense if he or she was at fault. There
was an urgent need to establish a strict responsibility rule with no
exceptions accessible to the defendant in the wake of the Bhopal gas
leak case since many people perished and continue to suffer from
some of the fatal diseases down the generations.

SNo
Strict Liability Absolute Liability
.

In Strict Liability, the point of In Absolute Liability, the presence

contention is the ‘non-natural’ use of hazardous or inherently
1
of one’s land in using or handling dangerous substances or objects is
an object/thing. necessary.

2 The escape of the dangerous thing In Absolute Liability, the escape of

is imperative, and it cannot be such dangerous things is not
applied to damage caused inside necessary, but the mere use of a
the premises of the defendant, as hazardous substance makes the
seen in the case of Read Vs. Lyons party subject to this rule. It is
 73

applicable to damage caused to

and Co. here in above. people inside as well as outside
the defendant’s premises.

The Strict Liability rule has some

defences and exceptions that can
be used by the defendant. These
include: Act of GodConsent of 3. In Absolute Liability, the
PlaintiffAct of Third PartyAn act defendant does not have any
done under Statutory scope for defence or exceptions
3
Authority.The defendants, but is held completely liable for
therefore, have a chance to be the damages caused by them in all
relieved of the liability by proving circumstances.
that their act falls in one of the
abovementioned exceptions to
Strict Liability.

The rule solely applies to the non- This rule applies to the natural or
4
natural use of land. the non-natural use of any land.

The damages paid to victims are

Compensatory damages are paid
exemplary in nature and are much
to the plaintiff, depending on the
5 greater as defendants are liable
nature and quantum of the
for people’s lives & environmental
damages caused to them.
conditions in such cases.

6 The Strict Liability concept was The Absolute Liability rule was
independently formed in England formulated in India after the courts
in 1868. realized the shortcomings of Strict
Liabilities. Absolute Liability was
 74

inherently Strict Liability – the

exceptions.

Vienna Convention for The

Protection Of Ozone Layer, 1987 an
overview
In the stratosphere of the earth, there is a layer of ozone made up of
three oxygen atoms per molecule. It is believed to screen against the
sun’s harmful UV rays and regulate the stratosphere’s temperature
structure. At lower altitudes, ozone also contributes to global warming
and irritates the respiratory system while hurting plant development.
Since 1960, there have been significant losses in the ozone layer over
Antarctica during the spring in the Southern Hemisphere, and more
recently, a hole has developed in the ozone layer over the Arctic.

Human activity-related emissions of some inert gases, mainly CFCs,

are to blame for the ozone layer’s thinning. These gases break down
when they are exposed to UV rays in the stratosphere, releasing free
 75

chlorine from CFCs and bromine from halons, which fragments the
ozone molecule and thins the ozone layer. The 1985 Vienna
Convention for the Protection of Ozone Layer and the 1987 Montreal
Protocol on Substances that Deplete Ozone Layer make up the
complicated framework that addresses protecting the ozone layer from
these harmful substances.

Vienna Convention for The Protection Of Ozone Layer, 1987

Under the supervision of UNEP, the Vienna Convention was negotiated

over a five-year period. The 22nd of March 1985 saw its adoption, and
the 22nd of September 1988 saw its entry into effect. 185 States have
joined as parties to it as of this writing. All States are welcome to
participate in the first treaty to address the issue of the world’s
atmosphere. There are 2 Annexures and 21 Articles in the Convention.
It created a framework for adopting policies “to protect human health
and the environment from adverse effects resulting from or likely to
result from human activities which modify or are likely to modify the
Ozone layer.”

What is the purpose of the Vienna Convention?

The purpose of the Vienna Convention is to protect the ozone layer

from depletion. 28 countries originally signed the convention on 22nd
March 1985. On 16th September 2009, Vienna Convention along
with Montreal Protocol was universally ratified and thus became the
first treaties in the history of the United Nations to achieve universal
ratification.

Important Articles of Vienna Convention for The Protection Of

Ozone Layer
 76

The ozone layer is described in Article 1(1) of the Convention as the

layer of atmosphere ozone above the planetary boundary layer.Article
2(1) of the Convention requires parties to take four categories of
“appropriate measures” in accordance with the resources at their
disposal, their capabilities, and the basis of pertinent scientific and
technological considerations. It does not, however, prescribe any
targets or deadlines for activities.

 Co-operation on systematic observation;

 Research and information exchange;

 Adoption of appropriate legislative or administrative measures

and co-operation on policies to control, limit, reduce or prevent
activities that are likely to have adverse effects resulting from
modifications to ozone layer;

 Co-operations in the form of measures, procedures, standards to

implement the Convention as well as with competent
international bodies.

Article 2 further provides that parties are free to adopt additional

domestic measures in accordance with international law [in the form of
enactments, rules and regulations, policies] and maintain in force,
compatible measures already taken.

The forms of study and systematic observations that must be

conducted either directly or through international organizations are
described in Article 3 and Annexure I. In a similar vein, Article 4 and
Annexure II call for cooperation in legal, scientific, technical,
socioeconomic, and legal information pertinent to the Convention,
subject to confidentiality rules, as well as the development and
 77

transfer of technology and knowledge, taking into account the specific

needs of Developing countries. The Common But Differentiated
Responsibilities of the Nations when it Comes to Ceasing the Emission
Reduction are Embodied in the Text of This Article of the Convention.

According to Article 6, the parties must also advise the Conference of

Parties [CoP’s] about the techniques and measures they plan to use for
implementation. Aside from adopting Protocols and additional
Annexes, as well as amending existing Protocols and Annexes, the CoP
also has the authority to take any other actions that may be necessary
to carry out the objectives of the Convention.In Articles 8 to 10,

In case of disputes between parties, the Convention under Article 11

lays down several methods of dispute settlement mechanisms:

 Mediation at the request of parties under Article 11(2)

 Voluntary submission to Arbitration and ICJ under Article 11(3)

 Submission of disputes to Conciliation bodies under Article 11(4)

Article 18 provides that there may be no reservations to this

Convention. Article 20 provides that the Secretary-General of UN shall
assume the functions of Depositary of this Convention and any
Protocol.
 78

National Environment Tribunal Act

1995
On June 17, 1995, the National Environment Tribunal Act was passed
by the parliament. As a result of India’s expanding population, which
not only contributes to pollution and environmental degradation but
also plays a significant role in environmental accidents, the country is
grappling with a number of environmental issues. India contemplated
implementing the Tribunal addressing the protection of the
environment and the payment of compensation to persons, property,
and the environment as a participant in the 1992 United Nations
Conference. A tribunal was established by an act to handle cases
involving environmental issues and compensation

Salient features of Act

 An act to establish a National Environmental Tribunal for the

effective and speedy resolution of cases arising from such
accidents, with a view to providing relief and compensation for
damages to persons, property, and the environment for matters
connected therewith, and to provide for strict liability for damage
arising out of any accident or handling (any) hazardous
substance.
 79

 Environment is made up of water, air, and land as well as the

relationships that exist between these elements, as well as with
people, other living things, plants, animals, microorganisms, and
property (Sec 2). Whether an accident results in permanent or
temporary damage, a disability, lost wages, medical
expenditures, or death, the owner is responsible for making
restitution (Sec 3) Sec. 4 details the application process for
compensation. Processes and powers granted by this Act to the
Central Government to form a tribunal (Section 8) and its makeup
are specified (Sec 9).

Objective

The Tribunal is tasked with providing effective and expeditious remedy

in cases relating to environmental protection, conservation of forests
and other natural resources and enforcement of any legal right relating
to environment.

summary of act

National Environment Tribunal Act, 1995 consists of 31 Sections to

fulfill the broad objectives laid under Act. As the Act enacted with a
broad objective to provide compensation to person who got injured,
the owner has to pay compensation under Section 3, where there been
damage caused to the environment and the death or injury has been
resulted due to the accident. The person can make application with
respect to claim for compensation to the Tribunal under provision as
specified under Section 4(1), Tribunal while dealing with the
application of compensation as specified in the provisions of Act shall
exercise the same jurisdiction and authority as that of matters as
specified in Public Liability Insurance Act, 1991. Owner who responsible
 80

for the environmental accident is liable to pay compensation not only

under National Environment Tribunal Act, 1995, but also liable to pay
relief specified under the provisions of Public Liability Insurance Act,
1991and the relief paid be substantiated by the compensation paid.

According to Section 8, the Central Government established the

National Environment Tribunal to carry out the authority and powers
granted by the Act’s provisions. The Chairman, Vice-Chairperson, other
members, and the Benches under the Act have the authority to
exercise the authority, jurisdiction, and powers of the Tribunal in order
for it to carry out the duties outlined in the Act. Those appointed as
members of the Tribunal should be more qualified for the designated
role because qualifications are important in any office and the topic at
hand is a sensitive one relating to the environment.

Persons are only appointed as members if they meet the requirements

outlined in Section 10 of the Act. Persons appointed as chairs are not
required to be judges of the Supreme Court or of the High Court, and
those appointed as vice chairs and judicial members must be judges of
the High Court or members of the Indian Legal Service as specified by
the Act. According to Section 12, members of the Tribunal maintain
office for a period of five years. They are also permitted to resign from
their positions by writing to the president, who has the power to do so
if he believes the member to be unsuited for the position or has
demonstrated misconduct.

According to Section 13 (3), the President may issue an order to

remove any member from office, but the order must be approved
following a thorough inquiry and investigation by a Supreme Court
 81

Judge. The Central Government may also establish rules and

regulations for the Section 13 inquiry and investigation process (2).

After the Act’s implementation, the Tribunal has a particular

competence to handle cases connected to applications and
compensation claims. According to Section 23, the Tribunal has the
same authority as the Civil Court in cases involving the provisions of
the Act, and any awards made by the Tribunal are executable just like
a judgement rendered by the Civil Court. If the owner does not comply
with the Tribunal’s order, the Tribunal may seek payment from the
owner as unpaid land revenue. Tribunal Constituted under Act has the
jurisdiction to punish the person who contravene the provisions
stipulated under Act and those who responsible for environmental
dangerous. Anyone who disobeys the tribunal’s order will be punished
for an additional three years or fine up to ten lakh rupees or both
based on the guilt.

The Indian Penal Code operates broadly under the Act because all
Tribunal members are considered to be Public Servants under Section
21 of the Code and because all actions taken to implement the
provisions of the enacted Act fall under the definition of judicial
proceedings as set forth in Sections 193, 219, and 228 of the Code.
Rules pertaining to the Act’s provisions may be made by the Central
Government by publication in the Official Gazette, as indicated in
Section 31. (2). In accordance with Section 22, the Central Government
is empowered to determine whether the compensation sum credited to
the Environment Relief Fund will be completely utilized (2).

Act was a specific piece of legislation that dealt with environmental

issues and compensation. Although the Act has the power to punish
 82

anybody who violates the rules set forth in the Act relating to the
protection of the environment, it has fallen short of meeting the
obligations and goals set forth. India needs a strong legal system to
address environmental challenges because of its dense population.

OZONE DEPLETION & GLOBAL

WARMING
Global Warming:

The increase in the global mean temperature is called “global

warming”. The global warming is due to increase in greenhouse gases
in the atmosphere. Air Pollution traps more heat in the atmosphere,
rendering the earth more-warmer. This effect is called as “global
warming”.

What is the ozone layer

Earth’s atmosphere has many layers, and each layer has its unique
features. The ozone layer is a crucial part of the atmosphere. It is a
part of the stratosphere (a layer of the atmosphere). The ozone layer
works as a shield for the earth and reflects most of the UV rays
produced by the sun. It protects the earth like an umbrella and
interrupts harmful UV or ultraviolet rays to reach the earth’s surface.
Therefore, the ozone layer also helps maintain the earth’s natural
temperature.

Global warming and ozone layer depletion

Global warming and ozone layer depletion are environmental

phenomena that are closely intertwined. The term ozone hole means
depletion in the ozone layer. This layer works as a protective layer of
 83

earth and helps absorb an excessive amount of UV rays, CFCs, Halon

gas etc., that are harmful to living creatures of the earth. Depletion in
the ozone layer can create various severe health problems.

Increased Greenhouse gases, heat, pollution etc., are causing global

warming and depletion of the ozone layer. Also, UV rays entering the
earth’s atmosphere because of ozone layer depletion increases the
temperature of the earth. So, both of these alarming environmental
phenomena result from human activities like pollution, carbon release,
deforestation, increased Greenhouse gases etc.

Causes of Global Warming

Man-made Causes of Global Warming

Deforestation

Plants are the main source of oxygen. They take in carbon dioxide and
release oxygen thereby maintaining environmental balance. Forests
are being depleted for many domestic and commercial purposes. This
has led to an environmental imbalance, thereby giving rise to global
warming.The Deforestation is one of the main reasons of global
warming. Cutting and burning of about 34 million acres of trees every
year results in urbanisation and the land for factories timber lead to
deforestation. In addition to the deforestation, the below mentioned
GHG’s contributes to the global warming.

Use of Vehicles

The use of vehicles, even for a very short distance results in various
gaseous emissions. Vehicles burn fossil fuels which emit a large
 84

amount of carbon dioxide and other toxins into the atmosphere

resulting in a temperature increase.

Chlorofluorocarbon

With the excessive use of air conditioners and refrigerators, humans

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

Industrial Development

With the advent of industrialization, the temperature of the earth has

been increasing rapidly. The harmful emissions from the factories add
to the increasing temperature of the earth.

In 2013, the Intergovernmental Panel for Climate Change reported that

the increase in the global temperature between 1880 and 2012 has
been 0.9 degrees Celsius. The increase is 1.1 degrees Celsius when
compared to the pre-industrial mean temperature.

Agriculture

Various farming activities produce carbon dioxide and methane gas.

These add to the greenhouse gases in the atmosphere and increase
the temperature of the earth.

Overpopulation
 85

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

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

Global warming is the phenomenon of gradual increase in the average

temperature of earth . It is caused by the release of greenhouse gases
like carbon dioxide, methane, CFCs etc. into the atmosphere.

Effects of Global Warming

Following are the major effects of global warming:

 Rise in Temperature

Global warming has led to an incredible increase in earth’s

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

 Threats to the Ecosystem

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

 Climate Change

Global warming has led to a change in climatic conditions. There are

droughts at some places and floods at some. This climatic imbalance is
the result of global warming.

 Spread of Diseases
 86

Global warming leads to a change in the patterns of heat and humidity.

This has led to the movement of mosquitoes that carry and spread
diseases.

 High Mortality Rates

Due to an increase in floods, tsunamis and other natural calamities,

the average death toll usually increases. Also, such events can bring
about the spread of diseases that can hamper human life.

 Loss of Natural Habitat

A global shift in the climate leads to the loss of habitats of several

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

Constitutional Provisions for

Environmental Protection in India
Introduction
 87

The ecosystem and all living things are under severe threat from the
rapid growth in global warming, deforestation, air, water, and other
types of pollution. All living things, including people, plants, and
animals, are negatively impacted by the environment’s degradation as
a result of a wide range of human activities.Because a healthy
environment is essential to sustaining human health and because
everyone has a right to a healthy environment, the concept of
environmental protection has been given fundamental significance.
Environmental protection safeguards everyone’s health, and a healthy
person fosters the vitally required environmental growth. To live in an
environment which provides a pollution free atmosphere is not only a
basic human right but also enhances human dignity. Principle of
sustainable development is one such approach which if followed can
fulfil the basic human right of having a dignified life.

The preamble of the constitution and environment protection

The Indian Constitution’s Preamble opens by proclaiming that the

Indian people earnestly pledge to establish India as a socialist nation.
This shows that our Constitution gives us access to a socialist social
structure. attempting to address and address society problems first,
rather than focusing on personal issues. What is best for the general
population is crucial in this situation.

Socialism is the primary goal of the Preamble, and it is the state’s duty
to carry it out by enacting strict regulations to rid the environment of
all sorts of pollution. The state also has a duty to ensure that all living
things have access to a good level of living in addition to a pollution-
free environment. All the citizens of India intend to secure freedom
which also includes securing justice. Justice can be interpreted and
 88

sought in many forms. Thus, citizens have a right to environmental

justice. Increasing degradation of the environment is posing a great
threat to the lives of living beings and hence, protecting the
environment is becoming a crucial in each day of life because ignoring
it would pose a serious threat to the environment at large.

The state is required to abide by all regulations, and because India is a

Democratic Republic, its citizens have a very important right to
scrutinize the state’s behaviour and the steps the government takes
periodically to restore the environment..

Legislative powers and matters of environmental protection

Under the Indian Constitution, there are three types of lists,

namely- Union, state and concurrent. Powers of the government
are shared at the state and union level. Central government deals with
the matters of union list, where state government deals with the
matters of state list. Thus, the exclusive power to legislate the matters
of union list, which is the list I, is with the Parliament. State list which
is the list II covers matters like, sanitation, the health of the public,
drainage, supply of clean water etc. It covers matters relating to
defence, military, atomic energy, regulation of oil fields, air traffic etc.

The concurrent list’s (list III) issues fall under the purview of both the
state and the federal governments. It addresses issues including
population management, mine preservation, forest and wildlife
protection, and many others. Nonetheless, if a dispute arises, the
central government’s decision is final.

Part XI of the Constitution deals especially with the interactions

between the national and state governments in terms of legislation
 89

and administration. The country’s Parliament, as opposed to each

state’s state government, has the authority to enact laws that apply to
the entire nation.

In the situation of national emergency, Parliament has the power to

legislate the state subjects also. The division of these legislative
powers is essential to make provisions which can deal with
environmental problems. There are various projects taken up by the
state to develop the environment but they might pose a serious threat
to the environment. In such circumstances 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.

International Environmental Agreements

India has been a signatory to a myriad of international agreements

pertaining to environmental preservation. Because it was agreed upon
in the Stockholm Declaration in 1972 that there is only one
environment on Earth. India is required to translate these provisions
and implement them in the nation as a signatory to such international
agreements. The Indian Constitution’s Article 51(c) makes it very
apparent that the country must promote adherence to international
law and treaty responsibilities..

Article 253 of the Constitution, which gives the Parliament of our

nation the power to pass laws that can be applied to the entire or any
territory of the country for implementing any agreement or convention
signed with the other country or countries, is another crucial provision
that deals with protecting the environment.
 90

Parliament may also pass laws to carry out decisions made at

international conferences. Any provision made in connection with
environmental protection in line with Article 253 read with Articles 13
and 14 cannot be contested in court on the grounds that the legislator
lacked the authority to make the provision.

It is important to be aware that Parliament passed the Environment

Protection Act of 1986 and the Air (Prevention and Control of Pollution)
Act of 1981 in order to employ this power. The Preamble of these
statutes makes it abundantly plain that the goal of their passage was
to put into effect the resolutions made at the 1972 Stockholm United
Nations Conference on the Human Environment.

In Vellore Citizens’Welfare Forum Vs. Union of India, the

supreme court held that it is essential to incorporate the international
customary laws in the municipal laws, provided they are not contrary
to them. It is an accepted principle of law. Thus, it was considered
essential to follow international laws by the domestic courts of law.

Obligation of State and Environmental Protection

In order to serve the interests of the voters who chose them, the
authorities have a duty to uphold the law and maintain order.
According to Article 47, the state is required to take into account the
rising level of nutrition and standard of living of its citizens. Also, the
state’s main responsibility is to promote public health. Alcohol and
drug use, which can be harmful to the health of living things and
seriously endanger their lives, must be outlawed by the state, with the
exception of for medical reasons.
 91

From the word “responsibility” it can be interpreted that state shall

take effective, adequate and necessary steps to improve the health
and standard of living of all and promote awareness in the context of
environmental protection. In the environment development projects
cannot be taken up by the individuals which harm society as a whole.
Thus, the state needs to keep a stringent check on these activities and
projects.

The amount of pollution in the environment is constantly rising for a

number of reasons. For instance, the draining of dirty water from
rivers, which not only contaminates the nation’s natural resources but
also harms the health of its population, is a common cause of water
pollution. As a result, it became imperative to enact legislation
requiring the state to safeguard the environment.

In the case of Hamid Khan Vs. State of Madhya Pradesh AIR 1997
MP 191,, the state was negligent to supply water from the hand
pumps, colossal damage was caused to the citizens, which affected
their health massively. Hence, due to this gross negligence on the part
of the state, it was held that the state failed to perform its basic duty.

The constitution was amended in 1976. With this modification, Article

48-A was added to the constitution with the intention of providing for
improved environmental protection and preservation protections. The
clause in this article requires the state to safeguard the nation’s forests
and wildlife as well as to maintain and improve the environment. In
this article, the term “Environment” has been used in many different
ways. The state must take appropriate action to improve the
environment in addition to acting as a protectionist.
 92

Every natural resource is interconnected with other natural resources

of this country. Forests are directly linked with providing pollution-free
air, helps in reducing global warming and is also connected with water
resources. They help in maintaining the ecological balance. Thus, this
resource is crucial and hence, its protection is equally important to
avoid atmospheric pollution. Hence, the specific insertion of this
section is justified.

Obligation of citizens and environmental protection

The rights of the people are essentially what the state is required to do
in order to protect the environment. Both the idea of rights and that of
duties coexist. They are linked together. Citizens must conserve the
environment and refrain from engaging in actions that endanger the
health of the entire community as well as all other living things if they
want to maintain a reasonable standard of life and a pollution-free
environment.

Prior to the 42nd amendment to the constitution, the idea of rights was
much more common than the idea of duties. The ultimate law of the
land gave rights a higher priority than obligations. Yet, the
constitution’s authors believed that both the state and its inhabitants
must share responsibility for environmental protection. Moreover,
people began to overlook their obligations in favour of their rights. The
Constitution (Forty Second) Amendment Act of 1976 therefore included
part IV-A.

Part IV-A of the constitution deals with Fundamental Duties.Article 51-

A (g) specifically deals with the fundamental duty of the citizens to
protect and improve the natural environment which includes forests,
rivers, lakes, wildlife and to have compassion for living creatures. Like
 93

the duty of the state, it is the duty of all the citizens of not only
protecting the environment but also taking measures which are
adequate enough to improve the environment.

Nature has endowed us with resources and a pollution-free

environment, and as such, it is the responsibility of the people to
preserve these resources for future generations. As a result, the notion
of intergenerational justice is crucial to the sustainable use of natural
resources that protects the environment.

In Kinkeri Devi V State, Himachal High Court that in Article 48-A

and Article 51-A(g) it was held that it is both constitutional pointer to
the state and the constitutional duty of the citizens not only protect
the environment but also improve it and to preserve and safeguard the
forests, the flora and the fauna, the rivers and the lakes and all other
water resources of the country.

The negligence to abide by the pointer or perform the duty is nothing

basically the straight betrayal of the fundamental law of the land. In
the case of betrayal, the courts cannot remain a silent spectator. A
court can intervene at any time to make the implementation of the
provisions by issuing writs, orders and directions as it thinks fit and
necessary.

In L.K Koolwal Vs State of Rajasthan and Ors AIR 1988 Raj

2 , the municipality of Jaipur was being negligent in carrying on its
basic duty of maintaining the hygiene of the state. This caused acute
sanitation problem thereby leading to the to have hazardous effects on
the lives of the people of the state. Mr Koolwal along with other
residents moved an application under Article 226 of the Indian
 94

constitution before the high court highlighting the gross negligence of

the municipality.

The court explained that, in determining the true scope of Article 51-A
in this case, it is not only a duty but also a right to move to court to
have a check on the government’s activities and determine whether or
not the authorities are carrying out their duties in accordance with the
country’s fundamental laws. For the correct execution of the
obligations of the state, as well as of their relevant departments,
municipal bodies, etc., citizens are allowed the right to file a court
case.

Neglecting to maintain hygiene and sanitation standards poisons the

environment as a whole and slowly impacts the lives of living things.
This violates the citizen’s fundamental right to life, guaranteed by
article 21 of the constitution, which also includes the right to a decent
standard of living and a clean and safe environment. As a result, it is
justified for citizens to protect their fundamental right to life from being
violated. As a result, the court ordered the municipality to remove all
of the filthy material that was endangering the lives and health of the
populace.

In another case of Goa Foundation Vs. the State of Goa, PIL WP

32/2017 the petitioner was a society registered under the rules relating
to registration of societies and its members were the citizens of India
who had a fundamental duty to protect and improve the environment,
lakes, forests, rivers and have compassion for living creatures as laid
down under article 51-A . The question of whether the society had
locus standi to move to the court or not was raised before the court.
 95

The court answered this question in a strong affirmative, holding that

society had the same fundamental obligation. The petitioner was
determined to have locus standi to petition the court in order to not
only stop the degradation of our ecology but also to create and carry
out policies aimed at repairing the ecology and upholding ecological
balance.

Public interest litigation was filed before the high court by five persons,
who were residents of a specific area, in the case of Sitaram
Champaran Vs. State of Bihar AIR 1960 Pat 288, 1960 (1) to
seek the directions of the court for the closure of the tyre retreading
plant, in the interest of public health. This plant was situated in the
residential area and was emitting carbon dioxide along with other
obnoxious gases causing harm to the environment. The respondents
were directed to wind up the plant in the interest of environmental
protection and were considered a fundamental duty under Article 51-
A.

Right to life and Environment Protection

Article 21 of the constitution provides for the fundamental right of life.

It states that no person shall be deprived of his right to life or personal
liberty except in accordance with procedures established by law. The
words “except in accordance with procedures established by law” can
be interpreted to mean that this provision is subject to exception and is
regulated by law which varies from case to case.

Since the provision begins with the word ‘no’ that is the reason it has
been given a negative impact. But post-Maneka period this provision
has been given a positive interpretation and positively casts a duty on
the state to enforce the due implementation of this law. Right to life
 96

includes the right to have a dignified life and also the bare necessities
of life like food, shelter, clean water and clothes. The right to live
extends to having a decent and clean environment in which individuals
can live safely without any threat to their lives. An environment shall
be free from diseases and all sorts of infections.

This is crucial because the right to life can be fulfilled only when one
lives in a clean, safe and disease-free environment, otherwise granting
such right would prove to be meaningless. This aspect of Article
21 has been evidently discussed in the case of Rural Litigation and
Entitlement Kendra, Dehradun Vs. State of Uttar Pradesh 1985
SCC (2) 431 , where the petitioner along with the other citizens wrote
to the supreme court expressing their views against the progressive
mining which denuded the Mussoorie hills of trees and forests and soil
erosion. This lead to having an adverse effect on the environment and
resulted in landslides along with blockage of underground water
channels.

The registry was ordered by the Hon’ble supreme court to consider this
letter as a writ filed under Article 32 of the Constitution.

An expert committee was appointed in this behalf by the Supreme

Court to advise the Hon’ble court with some technical issue. On the
basis of the report provided by the expert committee, the court
provided the limestone quarries to be closed because it was infringing
the right to life and personal liberty. Quarrying operations lead to
ecological degradation and air and water pollution, which affected the
lives of the people to a great extent.

In L.K Koolwal v. State of Rajasthan and Ors, AIR 1988 Raj 2,

1987 Rajasthan High Court held that maintaining the quality of the
 97

environment, sanitation and health is covered under the purview of

Article 21 of the Constitution. Because non-compliance to do so can
adversely affect the lives of many citizens and slow poisoning along
with reducing the life of a citizen.

In Charan Lal Sahu V. Union of India , it was held that the duty of the
state is to take adequate and effective steps for the enforcement and
protection of Constitutional rights guaranteed under Article 21, 48-A
and 51-A(g).

In M.C Mehta v. Union of India 1987 AIR 1086 , due to stone

crushing activities in and around Delhi was causing a huge problem of
pollution in the environment. The court was conscious of the inevitable
consequences and the ecological problems caused due to the industrial
activities in the country. In the name of environmental development, it
cannot be permitted to degrade the quality of the ecology and increase
different forms of pollution to the extent that it becomes a health
hazard to the lives of all the citizens. It was further held that citizens
have a right to fresh air and have a pollution-free environment in which
they live.

Further, the scope of article 21 was broadened by the judiciary to

include under its purview the right to livelihood as well. It includes the
right of citizens to earn their livelihood along with the right to life. The
wider interpretation of this article has proved to be beneficial in
keeping a strict check on the conduct and actions of the government in
the context of measures taken by the authorities to protect the
environment. It is also beneficial in keeping a check on the activities of
the state which can have a massive impact on the environment, health
of the individuals and threat to the livelihood of poor.
 98

Indian judiciary has been very conscious while dealing with the matters
of development and the environment protection to avoid the conflict
between the two aspects.

In the famous Taj Mahal Case 1987 AIR 1086, ample of industries
near Taj Trapezium Zone were using coke and coal as an industrial
fuel. These industries were ordered to be relocated to an alternative
site as provided under Agra Master Plan. The rights and duties of the
workmen in the industries were also specified by the court following
the principle of sustainable development.

Right To Equality and Environmental Protection

Equality before the law and equal protection of the law has been
granted under Article 14 of the Constitution. This fundamental right
impliedly casts a duty upon the state to be fair while taking actions in
regard to environmental protection and thus, cannot infringe article 14.
In cases of exercise of arbitrary powers on behalf of the state
authorities, the judiciary has played a strict role in disallowing the
arbitrary sanction. Use of discretionary powers without measuring the
interest of the public violates the fundamental right of equality of the
people.

In Bangalore Medical Trust V. B.S. Muddappa 1991 AIR 1902 an

improvement scheme was prepared by the City Improvement Board of
Bangalore for the purpose of extending the city. A low-level park was
to be developed for which an area was kept under this scheme. But
under the direction of the chief minister the area kept for the low-level
park was to be converted into the civic amenity site where the hospital
was to be constructed. As soon as the construction began, the
residents moved to the high court.
 99

The petition moved in by the residents was allowed by the high court.
But in appeal to the supreme court, the appellant contended that the
power to allot sites is completely a discretionary one and the
developing authority has the right to allow the site for making hospital
rather than a park. And thus, the diverted use of the land was justified
in the eyes of the appellant.

By explaining the importance of open spaces and parks in the

development of urban areas, the supreme court rejected the appeal.
The Hon’ble court further stated that the open spaces, recreation,
playing grounds and protection of ecology are the matters of vital
importance in the interest of public and crucial for the development.
Keeping open spaces for the interest of the public is justified cannot be
sold or given on lease to any private person solely for the sake of
monetary gains.

Freedom of Speech and Expression and Environment

Right of speech and expression is a fundamental right expressly

mentioned in Article 19 (1) (a) of Part III of the Constitution. There have
been a number of cases where people have approached the court
through the way of speech and expressing themselves by writing
letters like that in the case of Rural Litigation and Entitlement
Kendra, Dehradun v. State of Uttar Pradesh 1985 AIR 652where
they have expressed the violation of their right to have a clean and
safe environment and a right to livelihood.

In India, the media has been playing a crucial role in moulding the
perception of people in issues relating to the environment.
Thus, Article 19(1)(a) is interpreted to include the freedom of the
press as well.
 100

Freedom of Trade and Commerce and Environmental

Protection

All the citizens of India have a fundamental right to carry on any

profession or business, trade or commerce at any place within the
territory of India under Article 19 (1) (g) of the Constitution. But this is
not an absolute right and thus, has reasonable restrictions to it.Article
19 (6) of the Constitution lays down the reasonable restriction to this
fundamental right to avoid the environmental hazards.

The purpose is to avoid the ecological imbalance and degradation of

the atmosphere in the name of carrying on a trade, business,
occupation or carrying on any profession. Thus, in the name of
business or profession, one cannot cause harm to the environment.

InM.C Mehta Vs. Union of India, AIR 1988 SC 1037 certain

tanneries were discharging effluents in the holy river Ganga which was
causing water pollution. Further, no primary treatment plant was being
set up despite the constant reminders. It was held by the court to stop
the tanneries from working because the effluents drained were ten
times more noxious as compared to the ordinary sewage water which
flows into the river.

The court ordered while directing tanneries to be stopped from working

which have failed to take necessary steps as required for the primary
treatment of effluents from the industries. The court while passing this
order contended that, though the court is conscious about the
unemployment that might usher due to the closure of the tanneries
but health, life and ecology holds greater importance in the
eyes of law.
 101

In M.C Mehta v. Union of India, 1994, it was directed by the

Supreme Court that the industries who did not comply or adhere to,
with the prior direction of the Hon’ble court regarding the installation
of air pollution controlling system should be closed. In this case, the
supreme court laid down its greater emphasis on Article 19(6) of the
Constitution.

Ins. Jagannath Vs. Union of India, sea beaches and sea coasts were
considered to be the gifts of nature, by the Hon’ble supreme court and
any such activity which pollutes these natural resources or the gift of
nature cannot be permitted to function. In this case, a shrimp farming
culture industry by modern method causing degradation to the
ecosystem, discharge of polluting effluents, polluting the potable
ground-water and depletion of the plantation. All of these activities
were held to be violative of constitutional provisions and other
legislation dealing with environmental matters, by the court.

The court further held that before the installation of any such industry
in a fragile coastal area it is essential for them to necessarily pass the
strict environmental test. In other words, reasonable restrictions can
be laid in accordance with Article 19(6) of the Constitution.

Role of the Supreme Court in environmental protection

In lieu of the wide range of cases dealt by supreme court with regard
to environmental protection, a plethora of judgements have been
passed which have laid down various principles to be taken care of
before indulging in any activity which might pose a threat to the
environment. Also, different aspects of the environment have been
highlighted by giving them immense importance like natural resources.
 102

Air and water have been given the status of the gift of nature and
inalienable part of life.

While incorporating the important features to the fundamental right

provided in Article 21, certain principles were ascertained by the
supreme court to be necessarily ensured for the protection of the
atmosphere, which are as follows-

Polluter Pays Principle

Precautionary Principle

The doctrine of Public trust

Sustainable Development

Conclusion

The first section of this article lays forth the reasons why
environmental protection is important, how the necessity for
environmental protection came about, and the factors that contribute
to ecological degradation. Many factors have been identified as
important contributors to environmental pollution, human health
issues, and a serious threat to the country’s other living things. The
term “environment” was not specifically mentioned in the Constitution
in the past, and there were no provisions in place to address
environmental hazards and control human behaviour that was
significantly contributing to the degradation of the environment while
purporting to be exercising fundamental rights.

A remedy for this significant health risk was found in the 42nd
Amendment to the Indian Constitution. The article’s provisions are
highlighted from the base up in order of appearance. starting with the
 103

Preamble to the Constitution’s usage of the phrases “democratic,”

“socialist,” and “republic,” as well as its relation to environmental
preservation. The state has a responsibility to protect the environment
because, as an institution chosen by the people, it must serve them.
The idea of rights and obligations has since been discussed, including
the right of a citizen to a healthy environment as well as the duties of
citizens to safeguard and preserve the environment in which they live.

BIOLOGICAL DIVERSITY ACT –

2002
Meaning:
 104

Biological Diversity means the variability among living organisms from

all sources, including interalia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part and
this includes diversity within species, between species and of
ecosystems. Biodiversity is defined as the variety and variability
among living organisms and the ecological complexes in which they
occur is measured at three levels viz., genes, species and ecosystem.

The act was enacted in 2002, it aims at the conservation of biological

resources, managing its sustainable use and enabling fair and
equitable sharing benefits arising out of the use and knowledge of
biological resources with the local communities.

Salient Features of the Biological Diversity Act – 2002:

1. After an extensive and intensive consultation process involving

the stakeholders, the Govt. of India has brought Biological
Diversity Act, 2002.

2. To regulate access to biological resources of the country

equitable share in benefits arising out of the use of biological
resources.

3. To conserve and sustainable use of biological diversity.

4. Setting up of National Biodiversity Authority (NBA), State

Biodiversity Board (SBB) and Biodiversity Management
Committee’s. (BMC’s).

5. NBA and SBB are required to consult BMCs in decisions relating to

bioresource / related knowledge within their Jurisdiction.
 105

6. To respect and protect knowledge of local communities

traditional knowledge related to biodiversity.

7. To secure sharing of benefits with local people as conservers of

biological resources and holders of knowledge and information
relating to the use of biological resources.

8. All foreign nationals / organizations require prior approval of NBA

for obtaining biological resources and / or associated knowledge
for use.

9. Indian scientists / individuals require approval of NBA for

transferring results of research to foreign nationals /
organizations.

10. Conservation and development of areas of importance from

the standpoint of biological diversity by declaring them as
biological diversity heritage sites.

11. Protection and rehabilitation of threatened species.

12. Involvement of institutions of State Government in the

broad scheme of the implementation of the Biological Diversity
Act through constitution of committees.

13. Protect India’s rich biodiversity and associated knowledge

against their use by foreign individuals and organizations without
sharing benefits arising out of such use and check Biopiracy.

14. Indian Industry needs prior intimation to SBB to obtain

bioresource. SBB has right to restrict if found to violate
conservation and sustainable use and benefit sharing.
 106

15. Provisions for notifying heritage sites by State Government

in consultation with local body.

16. Creation of National, State and Local Biodiversity Fund and

its use for conservation of biodiversity.

17. Prior approval is needed from NBA for IPRs in any invention
in India or outside India on Bioresource

Exemptions from the Act

The Act excludes Indian biological resources that are normally traded
as commodities. Such exemption holds only so far the biological
resources are used as commodities and for no other purpose. The act
also excludes traditional uses of Indian biological resources and
associated knowledge and when they are used in collaborative
research projects between Indian and foreign institutions with the
approval of the central government. Uses by cultivators and breeds,
e.g. farmers, livestock keepers and bee keepers and traditional healers
e.g. vaids and hakims are also exempted.

Framework of Biological Diversity Act, 2002

 A three-tiered framework was envisioned by the legislation to

control access to biological resources:

 The National Biodiversity Authority (NBA)

 The State Biodiversity Boards (SBBs)

 The Biodiversity Management Committees (BMCs) (at local level)

The National Biodiversity Authority(NBA)

 107

The National Biodiversity Authority (NBA) was established in 2003 by

the Central Government to implement India’s Biological Diversity Act
(2002). It is a Statutory body that performs facilitative, regulatory and
advisory functions for the Government of India on the issue of
Conservation and sustainable use of biological resources.

Structure of the NBA

The National Biodiversity Authority consists of the following members

to be appointed by the central government, namely:

* A Chairperson.

* Three ex officio members, one representing the Ministry dealing with

Tribal
* Affairs and two representing the Ministry dealing with Environment
and Forests.

* Seven ex-officio members to represent respectively the Ministries of

the Central Government dealing with:

 Agricultural Research and Education

 Biotechnology
 Ocean Development
 Agriculture and Cooperation
 Indian Systems of Medicine and Homoeopathy

 Science and Technology

 Scientific and Industrial Research;
 108

* Five non-official members to be appointed from amongst specialists

and scientists having special knowledge and experience in the required
matters.

Functions and Powers of NBA:

• Regulate activities, approve and advice the government of India on

research, commercial, bio-survey and bio-utilization.

• Grant approval to Section 3,4 and 6.

• Certain persons not to undertake Biodiversity related activities

without approval of National Biodiversity Authority (Section 3).

• Results of research not to be transferred to certain persons without

approval of National Biodiversity Authority (Section 4).

• Application for IPR rights not to be made without approval of National

Biodiversity Authority (Section 6).

• Perform such other functions as may be necessary to carry out the

provisions of this act.

Approvals by NBA:

• Any person who intends to access or apply for a patent or any other
form of IPR protection whether in India or outside India referred to sub-
section (1) of Section 6 may make an application prescribed by NBA.
• Any person who intends to transfer any biological resource or
knowledge associated thereto referred to sub-section (1) of Section 3
shall make an application in such form and in such manner as may be
prescribed to the National Biodiversity Authority.
 109

• Determination of equitable benefit sharing by National Biodiversity

Authority.

State Biodiversity Boards (SBBs)

The SBBs are established by the State Governments in accordance

with Section 22 of the Act.
Structure: The State Biodiversity Board consists of the following
members:
* A Chairperson

* Not more than five ex officio members to represent the concerned

Departments of the State Government

* Not more than five members from amongst experts in matters

relating to conservation of biological diversity, sustainable use of
biological resources and equitable sharing of benefits arising out of the
use of biological resources.

* All the members of the SBB are appointed by the respective State
Governments.

Functions of SBBs

 Advise the State Government, subject to any guidelines issued by

the Central Government, on matters relating to the conservation,
sustainable use or sharing equitable benefits.

 Regulate by granting approvals or otherwise requests for

commercial utilisation or bio-survey and bio-utilisation of any
biological resource by people.
 110

Note:
There are no State Biodiversity Boards constituted for Union territories.
The National Biodiversity Authority exercises the powers and performs
the functions of a State Biodiversity Board for the UTs.

Biodiversity Management Committees (BMCs)

According to Section 41 of the Act, every local body shall constitute the
BMC within its area for the purpose of promoting conservation,
sustainable use and documentation of biological diversity including:

 Preservation of habitats
 Conservation of Landraces
 Folk varieties and cultivars
 Domesticated stocks and breeds of animals
 Microorganisms And Chronicling of Knowledge Relating to
Biological Diversity.

Structure

It shall consist of a chair person and not more than six persons
nominated by the local body. Out of total members of a BMC, not less
than one third should be women and not less than 18% should belong
to the Scheduled Castes/ Scheduled Tribes. The Chairperson of the
Biodiversity Management Committee shall be elected from amongst
the members of the committee in a meeting to be chaired by the
Chairperson of the local body.
The chairperson of the local body shall have the casting votes in case
of a tie.
 111

Functions
* The main function of the BMC is to prepare People’s Biodiversity
Register in consultation with the local people.

* The register shall contain comprehensive information on availability

and knowledge of local biological resources, their medicinal or any
other use or any other.

National Biodiversity Fund:

A National Biodiversity Fund is being constituted for this purpose. The

NBA will ensure that equitable benefit sharing is made during the
utilization of biological resources and the knowledge relating to them.
The amount of benefit sharing will be deposited in the National
Biodiversity Fund and the amount shall be paid directly to such
individuals or groups of individuals or organizations in accordance with
the terms of any agreement in such manner as decided by the NBA. On
behalf of the Central government, the NBA will take all measures to
oppose Intellectual Property Rights granted outside India on any
biological resource or associated knowledge originating from India.

Conclusion:

The conservation and sustainable use of biological diversity is critical

importance of meeting of food, fodder, fiber, health, water and other
needs of growing world population for which purpose, access to and
sharing of both genetic resources and technologies are essential. It
should be determined to conserve and sustainable use of biological
diversity for the benefit of present and future generations. The intrinsic
value of Biological diversity and of the ecological, genetic, social,
economic, scientific, educational, cultural, recreational and aesthetic
 112

values and its components are to be taken care properly for the better
management of biological resources and biodiversity for the welfare of
human beings for better, and healthier as well as peaceful living on
earth. The conservation of biological diversity is a serious and common
concern of human beings for better living.

Role of National Green Tribunal in Environment Protection

 Environment Law BlogsSubject-wise Law Notes

 LawBhoomi

 April 29, 2020

Share & spread the love

Under Article 21 of the Indian Constitution, National Green Tribunal

was established in the year 2010.Article 21 guarantees the citizen of
India the right to healthy environment. India is the third country
following Australia and New Zealand to have such system. The tribunal
is a special fast-track quasi-judicial body comprising of judges and
environment expert who will ensure expeditious disposal of cases.

“An Act to provide for the establishment of a National Green Tribunal

for the effective and expeditious disposal of cases relating to
environmental protection and conservation of forests and other natural
 113

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”.

On 18 October 2010, Justice Lokeshwar Singh Panta became the first

Chairman of National Green Tribunal (NGT). Presently Justice Umesh
Dattatraya Salvi is the chairman of NGT.

The Supreme Court in M. C. Mehta v. Union of India observed that

“Environment Court”3 must be established for expeditious disposal of
environmental cases and reiterated it time and again. As a sequel to it
the National Environment Tribunal Act, 1995 and National Environment
Appellate Authority Act, 19974 were passed by the Indian Parliament.
But both the Act proves non-starter. They could not cut much ice and
there was a growing demand that some legislation must be passed to
deal with environmental cases more efficiently and efficaciously.
Ultimately the Indian Parliament Passed The National Green Tribunal
Act, 2010 to handle all the cases relating to environmental issues.

In Charanlal Sahu v. Union of India the court opined that “under the
existing civil law damages are determined by the civil Courts, after a
long drawn litigation, which destroys the very purpose of awarding
damages so in order to meet the situation, to avoid delay and to
ensure immediate relief to the victims, the law should provide for
constitution of tribunal regulated by special procedure for determining
compensation to victims of industrial disaster or accident, appeal
against which may lie to this Court on the limited ground of questions
of law only after depositing the amount determined by the tribunal.”

Contents hide
 114

1. Procedure for filing an Application or Appeal

1.1. Claim for Compensation

2. Jurisdiction of the tribunal

2.1. REVIEW MECHANISM UNDER NGT ACT

3. Conclusion

Procedure for filing an Application or Appeal

The National Green Tribunal has a simple procedure to file an

application seeking compensation for environmental damage. If the
party is not satisfied with the decision can file an application before
tribunal against an appeal, an order or any decision of the
Government.

If no claim for compensation is involved in an application / appeal, a

fee of Rs. 1000/- is to be paid. In case where compensation is being
claimed, the fee will be one percent of the amount of compensation
subject to a minimum of Rs. 1000/-.

Claim for Compensation

1. Relief / compensation to the victims of pollution and other

environmental damage including accidents including accidents
involving hazardous substances;

2. Restitution of property damaged;

3. Restitution of the environment for such areas as determined by the

National Green Tribunal.
 115

No application for grant of any compensation or relief or restitution of

property or environment shall be entertained unless it is made within a
period of five years from the date on which the cause for such
compensation or relief first arose.

Jurisdiction of the tribunal

The National Green Tribunal has power to hear all civil cases relating to
environmental issues and questions that are linked to the
implementation of laws listed in Schedule I of the NATIONAL GREEN
TRIBUNAL Act. These included the following.

1. The Water (Prevention and Control of Pollution) Act, 1947;

2. The Water (Prevention and Control of Pollution ) Cess Act, 1947;

3. The Forest ( Conservation ) Act, 1980;

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

5. The Environment (Protection) Act, 1991;

6. The Public Liability Insurance Act, 1991;

7. The Biological Diversity Act, 2002

REVIEW MECHANISM UNDER NGT ACT

Under Rule 22 of the NGT Rules, a review of a decision or an Order of

NGT can be done. An NGT Order can also be challenged before the
Supreme Court within ninety days.

But, in the recent times conflicts are brewing between National Green
Tribunal and the High courts. As per the National Green Tribunal Act,
 116

appeals from National Green Tribunal can only go to the Supreme

Court, thus by-passing the high courts. However, a division bench of
the Madras High Court in February 2014 held that high courts do have
jurisdiction to entertain appeals against the orders of the NGT under
Article 226/227 of the Constitution of India.

Conclusion

National Green Tribunal makes one more innovation by providing strict

penalty for non-observation of the order of the tribunal. This will allow
implementation of the order of the tribunal.Coming to dark side of the
Act, the rules relating to constitution and composition of selection
committee tilts the balance of power in favor of Central Government.
Keeping in view the repeat of the National Environment Tribunal Act,
1995 and the National Environment Appellate Authority Act, 1997 by
the present Act, it is submitted that legislation should become
operational in letter and spirit to provide much needed relief against
offences/complaints for degradation of environment.

The present legislation provides interference and control by the central

Government in the affairs and processes of the tribunal which should
be avoided to give tribunal an unrestricted hand to decide the inherent
matter as proceedings.