Environment law notes

1. EMERGENCE OF
ENVIROMENTAL LEGISLATIONS
TARUN SHARMA
LLM(IPR), HNLU
ASSISTANT PROFESSOR
DME LAW SCHOOL

2. REASONS FOR EMERGENCE OF CLIMATE
LEGISLATION
Environmental
degradation
Health Concern
Economic Impact
Political Impact
International
Agreements

3. VEDIC ERA
MEDIEVAL ERA
BRITISH ERA
POST INDEPENDENCE ERA

4. PRE VEDIC CIVILIZATION
• Environmental awareness can be said to have existed even in
the pre-Vedic Indian valley Civilization which flourished in
northern India about 5,000 years ago.
• This is evident from the archaeological evidence gathered from
Harappa and Mohenjo-Daro which were the prominent cities of
the civilization.
• Their awareness about hygiene and sanitation as evident from
their constructions of ventilated houses, orderly streets, numerous
wells, bathrooms, public baths and covered underground drains.
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5. • Atharva Veda says:
“What of thee I dig out,
Let that quickly grow over,
Let me not hit thy vital
or thy heart”
• Protection and cleaning up of the environment were the essence of Vedic (1500–500
BC) culture. Charak Samhita (medical Science book of 900 BC – 600 BC) give many
instructions for the use of water for maintaining its purity.
• Under the Arthashastra (an ancient book on statecraft, economic policy and
military strategy), various punishments were prescribed for cutting trees, damaging
forests, and for killing animals and environmental ethics of nature conservation were not
only applicable to the common man but the rulers and kings were also bound by them.
• The Samaveda recognizes the importance of maintenance of the seasons’ cycles that
are likely to get altered due to climate change owing to inappropriate human actions.
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VEDIC AGE

6. ENVIRONMENTALAWARENESS AMONG RELIGIONS
IN INDIA
• Buddhism which came to India after the Vedic period, laid great stress on truth, non-violence and love for all
living creatures including trees, plants and flora-fauna. Every follower of Buddhism was supposed to plant a
tree every year and nourish it until it became a full-grown tree. Any kind of hunting and killing of animals,
birds or living organism was strictly prohibited being against the cherished principle of Ahimsa i.e. non-
violence. Compassion for all living creatures formed a part of Buddhism which every Buddhist was expected
to follow ardently.
• The followers of Jainism also abhored killing of animals and plants as they were the natural resources for
supporting the human life. Like Buddhism, the Jainism also laid great emphasis on truth, non-violence and
compassion for living creatures including animals, birds, aquatics, worms and insects. They believed that
plants and trees also had life and therefore, (destroying them was an act of violence which was against the
principle of non-violence. Every follower of Jainism was supposed to take fifteen vows such as Karma,
Karmdan, Van Karm, Sphotrik Karm, Nirlanchan Karm, Asotipasan Karm etc. which were exclusively related
to protection of environment against any kind of pollution.
• The followers of Islamic faith also believe in peace with nature based on divine ethical principles of mutual
coexistence. It believes that human beings must maintain a balance with nature and natural resources which
are valuable gifts of nature which need to be preserved from destruction or spoliation. Protection of
environment against any kind of pollution has been a cardinal principle of Islamic religious philosophy.

7. MEDIEVAL ERA
• This period started with the Islamic invasions of India,
which challenged the very balance of environment and
people.
• Mughals and Muslim rulers considered forests no more than
the grassland they could hunt.
• Construction of monuments and fort led to a severe loss of
forest cover.

8. LAWS IN BRITISH INDIA (1800-1947 AD):
• Shore Nuisance (Bombay and Kolaba) Act, 1853
imposed restrictions on the fouling of seawater.
• The Merchant Shipping Act of 1858 dealt with the
prevention of sea pollution by oil.
• The Fisheries Act, 1897
• The Bengal Smoke Nuisance Act of 1905
• Bombay Smoke Nuisance Act of 1912
• Wild Birds and Animals Protection Act, 1912
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9. POST-INDEPENDENCE SCENARIO
• In the early years of Independence, there was no precise
environmental policy and not many attempts were made to
frame any specific policy or law for the protection of the
environment. However, the concern for environmental
protection was reflected in the national planning process
and forest policy (1927).
• The legislative fight against pollution continued in
independent India. But it is interesting to know that the
Indian Constitution adopted in 1950 did not deal with the
subject of environment or prevention and control of
pollution as such. It was the Stockholm Declaration of
1972 that turned the attention of the Indian Government to
the broader perspective of environmental protection.
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10. STOCKHOLM DECLARATION ON HUMAN
ENVIROMENT, 1972 (UNIT 4 –A-2)
• Conference on the Human Environment was held at Stockholm, capital of Sweden
from 5-16 June 1972 where more than 107 states participated.
• 109 recommendations were made.
• It was first step towards “ Sustainability Revolution”.
• Conference Theme:- ONLY ONE EARTH
• The interdependence of human beings and the natural environment.
• The need for a global vision and common principles.
• Links between social and economic development and environmental protection.
• Preservation and enrichment of human environment.
• It was the first global recognition towards environmental concern and the
governments and the industry had to collectively put in an effort to protect the
environment.
• The Conference called upon Governments and people to exert common efforts for
the preservation and improvement of the human environment, for the benefit of all
the people and for their posterity.
• Then UNEP (United Nation Environment Programme) was formed. Almost all the
countries of the world had undertaken to monitor the quality of air, water and other
natural resources of the world.

11. 26 PRINCIPLES OF STOCKHOLM
• Aparthied, colonialism
• Safeguard of natural resources
• Inter-generational equity
• No use of the word sustainable development
• Renewal resources
• Wildlife safeguard
• Limit pollution
• Oceanic pollution
• Developing countries need assistance
• For economic management
• Economic policies not to hamper the environment
• Weapons of mass destruction must be eliminated
• Common but differentiated responsibility
• Cumulative Method
• Per capita method
• Precautionary principles
• Polluters pay principle

12. PRINCIPLES OF
STOCKHOLM
CONFERENCE
Human Centric
1 & 15
Sustainable
Development
2,3,4,5,13 & 14
Reflection of
Customary
International Law
Position
21
Preventive Actions
6,7,15,18 & 24
Compensation to
Victims
22
Cooperation
24 & 25

13. 2 INTERNATIONAL CASE STUDY
• Berring sea seal case
• Argentina v. Uruguay

15. 42nd AMENDMENT OF THE INDIAN CONSTITUTION
• The 42nd Amendment to the Constitution, which was introduced after the
Stockholm Conference of 1972, brought major changes to the Constitution of
India and for that, it is considered to be the mini constitution. This
Amendment brought changes on the various subjects but when we talk about
the changes with respect to the Environmental law, it introduced
responsibility on both, the state as well as the citizens to protect and improve
the environment.
• By introducing Article 48-A in the Constitution of India as part of the
Directive Principle of State Policy, it imposed a duty on the state, “to protect
and improve the environment and to safeguard the forests and wildlife of
the country”.
• By introducing Article 51-A, it imposed a total of 10 (now 11) fundamental
duties on the citizens. As a result, Article 51-A (g) conferred the fundamental
duty on the citizens, “to protect and improve the natural environment
including forests, lakes, rivers, and wildlife, and to have compassion for
living creatures”.
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16. THE WILD LIFE (PROTECTION ACT), 1972
• Though, the Wild Life (Protection Act), 1972 was introduced in
the month of September, after the UN General Assembly
Conference on Human Environment in June 1972, it is not in
compliance with the principles laid down at the conference.
• This Act was amended in 1991 and in 1996. The Rules came into
being in 1995. Under this Act every State has to constitute a Wild
Life Advisory Board. Certain areas are to be declared as
sanctuaries and National Parks. This Act is basically for the
protection of animals, plants and birds which live in forests.
Hunting of the wild animals is permitted only when such animals
become dangerous to the human beings or it becomes diseased
beyond recovery.
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17. It has six schedules that give varying degrees of protection:
• Schedule I and Schedule II provide absolute protection, offences under
these are prescribed with the highest penalties.
• Species listed in Schedule III and Schedule IV are also protected, but
the penalties are much lower.
• Animals under Schedule V, e.g., common crows, fruit bats, rats, and
mice, are legally considered vermin and may be hunted freely.
• The specified endemic plants in Schedule VI are prohibited from
cultivation and planting.
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18. WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
• The objective of the Act is to provide for the prevention and control
of water pollution and the maintaining or restoring of
wholesomeness of water and establishing Boards for the prevention
and control of water pollution for carrying out these purposes and
conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.
• This Act was followed by the Water (Prevention and Control of
Pollution) Cess Act, 1977 (No. 36 of 1977). The objective of this
Act is to levy and collect cess on water, which was consumed by
persons carrying on certain industries and by local authorities with a
view to augment the resources of the Central Board and the State
Boards for the prevention and control of water pollution constituted
under the Water (Prevention and Control of Pollution) Act, 1974.
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19. • This was further amended in 2003 to expand the scope of
industry to any operation process or treatment and disposal
system, which consumes water or gives rise to sewage effluent
or trade effluent and extending the provisions of the Act to all
the industries.
• Accordingly, the Water (Prevention and Control of Pollution)
Cess Rules, 1978 and The Water (Prevention and Control of
Pollution) Rules, 1975 and Central Board for the Prevention
and Control of Water Pollution (Procedure for Transaction of
Business) Rules, 1975 amended 1976 came into existence.
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20. FOREST CONSERVATION ACT, 1980
• As the name suggests, the Act was enacted to
conserve the forests of our country. Moreover, it
strictly prohibits and regulates the de-reservation
of forests or the use of forest land for non-forest
purposes without the Central Government’s
approval.
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21. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
• The objective of the Act is to provide prevention, control
and abatement of air pollution. For carrying out this
function, the Act further provided the establishment of
Boards and conferred powers related to the objectives of
the Act. This Act basically aimed at the industrial
pollution and automobile pollution.
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22. THE ENVIRONMENT PROTECTION ACT, 1986
• Contrary to the public opinion, the well-known Environment
(Protection) Act was introduced in the year 1986 - after 14 years
of Stockholm Conference on Human Environment.
• A cursory analysis of its Preamble makes it obvious that the
objectives of the enactment are three fold.
• 1. Protection of the environment
• 2. Improvement of environment
• 3. Prevention of hazards to a) human beings b) other living
creatures, c) plants and d) property.
• This is an umbrella legislation, which covers from Radio-
Active Substances disposal to use of plastic bags. All the
notifications, rules and regulations dealing with the
environmental protection are the subsidiaries of this Act.
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23. • This Act provided for coordination and planning of the
nationwide programmes for the prevention, control and
abatement of environmental pollution, laid down standards
for the quality of environment, restricted certain areas to
establish industries, laid down procedures for the prevention
of accidents in such industries and handling hazardous
substances.
• Above all the Act barred the jurisdiction of the Civil Courts
in respect of the actions done under the directions of the
Central Government. This Act was further amended in 1991.
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24. The Environment (Protection) Rules, 1986 came into
being followed by First Amendment Rules, Second
Amendment Rules, Third Amendment Rules and Fourth
Amendment Rules in 1998, 1999, 2001,2002,2003,2004 and
2006. Whenever, the rules were amended it was not without
a good reason, such as setting up standards for the industrial
area or laying down standards for pulp and paper industries,
issuing guidelines for disposal of solid wastes, drilling
cutting and drilling fluids of shore and on shore for drilling
operations, setting up standards for boilers, using of
agricultural waste as fuel and guidelines for the ginning
mills etc.
As the human activity increased in scientific and
technological fields the need to amend the rules increased.
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25. • In 2008 Hazardous Waste (Management,
Handling and Transboundary Movement)
Rules were framed, which provided the list of
hazardous chemicals.
• MP.SEB Cs. Collector: Electricity is a hazardous
substance.
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26. THE NATIONAL FOREST POLICY, 1988
• Large portion of the forest land had been used for non-
forest use. This had necessitated re-examining the
forest policy – for the maintenance of environmental
stability through preservation and restoration of
ecological balance, conservation of the remaining
forest for the posterity, meeting the basic needs of the
rural and tribal people, maintaining the relation
between forest and tribes.
• In order to conserve the biological diversity, a network
of sanctuaries, national parks, biosphere reserves and
other protected areas- necessary steps are to be taken.
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27. ECO MARK SCHEME 1991
• The Eco-mark Scheme of India: The
environment is under threat from rapid
industrialization, unplanned
urbanization and changing
consumption patterns in the race to
achieve better living standards. The Eco-
Labeling Scheme introduced in 1991 by
Indian Government aims to increase the
environmental awareness amongst the
citizens. With this scheme the
Government aimed to encourage citizens
to purchase products, which are
environmental friendly and intend to
improve the environment and encourage
the sustainable management of resources.
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28. THE BIO-MEDICAL WASTE (HANDLING AND DISPOSAL) RULES, 1998
• The services in the medical field are developed ten bound.
Naturally the waste as a bye product to medical industries is
also increased by ten bounds. Nursing homes, veterinary
hospitals, pathology laboratories and blood banks generate
biomedical waste. In exercise of the powers conferred by
Section 6, 8 and 25 of the Environment (Protection) Act,
1986 (29 of 1986), and in supersession of the Bio-Medical
Waste (Management and Handling) Rules, 1998 and further
amendments made thereof, the Central Government vide
G.S.R. 343(E) dated 28th March, 2016 published the Bio-
medical Waste Management Rules, 2016.
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29. • These rules apply to all persons who generate, collect, receive, store,
transport, treat, dispose, or handle bio medical waste in any form
including hospitals, nursing homes, clinics, dispensaries, veterinary
institutions, animal houses, pathological laboratories, blood banks, ayush
hospitals, clinical establishments, research or educational institutions,
health camps, medical or surgical camps, vaccination camps, blood
donation camps, first aid rooms of schools, forensic laboratories and
research labs.
• The prescribed authority for enforcement of the provisions of these rules in
respect of all the health care facilities located in any State/Union Territory
is the respective State Pollution Control Board (SPCB)/ Pollution Control
Committee (PCC)
• Of course, those hospitals, clinics, blood banks which provide treatment to
less than 1000 patients are exempted from these rules.
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32. THE NOISE POLLUTION (REGULATION AND CONTROL) RULES,
2000
• According to these rules the State Government shall
categorize industrial, commercial, and residential or silence
zones and implement noise standards. Use of loudspeakers,
amplifiers, beats of drum and tom-tom are prohibited except
with the permission of the authorities.
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33. • PUBLIC LIABILITY INSURANCE ACT, 1991
It contains provisions of public liability insurance for the purpose
of providing immediate relief to the persons affected by accident
occurring while handling any hazardous substance.
• BIOLOGICAL DIVERSITY ACT, 2002
This Act came into force on 5th February, 2002 and it contains
provisions for the conservation of biological diversity, sustainable
use of its components and fair and equitable sharing of the
benefits arising out of the use of biological resources.
• NATIONAL GREEN TRIBUNALACT, 2010
It came into force on 2nd June, 2010. This Act contains provisions
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 resources including enforcement of any legal right relating
to the environment and giving relief and compensation for
damages to persons and property.
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34. • It was notified based on the recommendations of
the Shailesh Nayak Committee.
• To promote sustainable development while taking into
account the natural hazards such as increasing sea levels
due to global warming.
• To conserve and protect biodiversity besides livelihood
security to local communities including the fishermen.
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COASTAL REGULATION ZONE (CRZ) NOTIFICATION 2018