The document discusses civil and criminal law remedies for environmental protection in India. It outlines causes of action under civil law such as nuisance, trespass, negligence, and strict liability. It also discusses criminal law remedies under the Indian Penal Code and Criminal Procedure Code, including sections related to public nuisance, air and water pollution. The conclusion calls for stronger implementation and higher penalties for environmental crimes.

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AMITY UNIVERSITY KOLKATA
SUBJECT : ENVIRONMENTAL STUDIES & LAW -II
SUBJECT CODE : LAW 136
STREAM : BCOM,LL.B(H)
SEMESTER : II
BATCH : 2021-26
TOPIC : Civil and Criminal Law Remedies for protection of
environment in India.
SUBMITTED BY :
1. Taniya Agarwal (A90821621018)
2. Anupama Kumari (A90821621020)
SUBMITTED TO :
Ms Madhulekha Bhowmik

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Acknowledgement
We would like to express our profound gratitude towards many individuals, as without their kind
support, it would not be possible for us to complete this project report. We would like to extend
our sincere thanks to our Environmental Studies & Law -II's teacher, Ms Madhulekha Bhowmik
ma'am who gave us the golden opportunity in enhancing our hidden capabilities.
Unfortunately, we addressed several difficulties in coordinating the activities of the project but we
are highly indebted to Ms Madhulekha Bhowmik ma'am for her guidance and constant supervision,
as well as for providing necessary information regarding the project and also for her support in
completing the project.

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INDEX
SI No. TOPIC Page No.
1. Introduction 4
2. Civil Law Remedies
 Nuisance 6
 Tresspass 6-7
 Negligence 7-8
 Strict Liability 8
3. Criminal Law Remedies
 Indian Penal Code 9-10
 Criminal Procedure Code 10
4. Conclusion 11

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Introduction
In India, there are a plethora of legal provisions which seek to protect
the environment from attacks from the human race. Along with the
various Constitutional provisions, there are several legislative
enactments passed by the Parliament of India in order to achieve the
constitutional objective of ensuring a wholesome environment to the
citizens of India. To name a few, they are Water (Prevention and
Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution)
Act, 1981; Environment (Protection) Act, 1986. Also, there are several
provisions under the Indian Penal Code, 1860, which highlight the penal
provisions in case of injury sustained by any individual on account of
environmental damage caused by any other individual. Also, there are
ample remedies available under the common law vis-à-vis
environmental protection such as nuisance, trespass, negligence and
strict liability.

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Civil law remedies for protection of environment
Environmental pollutioncanbe a part of tort law underthe followingcategoriesinIndia-
 Nuisance,
 Trespass,
 Negligence,and
 Strict Liability.
1. Nuisance
It issaid thatthe deepestdoctrinalrootsof modernenvironmental law are foundinthe common law
principlesof nuisance.Nuisance isthe unlawful interference withaperson’suse andenjoymentof his
ownland/property.Itcanbe attributedtoanysort of disturbance thathampersone’sabilitytoenjoyhis
space withouthindrance.Fora persontobringcharges forthe same,one mustprove thathe isfacing
unnecessarydisturbances.The actionsof the defendanthave tobe unreasonableinorderforan act to
be consideredasa nuisance.
Nuisance canbe of twotypes:
 Publicnuisance:Publicnuisance iscausedwhenthe actionof one affectsmanyindividualsor
affectsa communityatlarge.It isan act or omissionthataffectsthe health,safety,and/orthe
dignifiable standardof livingof manypeopleatonce.
For example,inthe casesof:
Ram Lal vs MustafabadOil AndCottonGinning(1968):It washeldthat whenthe noise level crossesa
certainthresholdvalue itshouldbe consideredasa publicnuisance.Itfallsunderthe categoryof noise
pollution.Itisapublicnuisance asit causesdiscomforttomanyat once.
It isimportantto note that itdoesnot matterwhetherthe activitythatcausedharmwas legal.The fact
that itis causingharm isenoughto awardcompensation.
 Private nuisance:Private nuisance iscausedwhenapersonisharmedindividually.Thiscan
happenintwoscenarios:
 The pollutioncausesharmtoonlyan individualanddoesnotaffectmanypeople.
 The pollutioncausedharmtoa groupof people butthatpersonsufferedadditional harm
individually apartfromthe harm that iscausedto everybodyinthatgroup.
2. Tresspass
Trespassisan unlawful interference withone’sproperty.Trespassisenteringsomeone’spropertyby
breachingitsboundarieswithoutthe owner’spermission.Thustoclaimtrespass:
 Trespassisa directoffence.One hastoshow thatsomebody/some substance enteredtheir
propertycausingharm.

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The fact that trespasshas to be a directoffence isanimportantfactor because itisthe only
pointthat distinguishesitfromnuisance.
 Trespasshas to be intentionalinnature.
It isalso importanttonote that it isnot necessarytoshow harm incasesof trespass.Itis only
importantto showthatan objector a personenteredthe plaintiff’spropertywithouttheir
permission.
In the case of FairviewFarms,Inc.v.ReynoldsMetalsCompany(1959),there were airborne
liquidsandsubstancesonthe plaintiff’spropertywhichwere consideredtobe trespass.The
defendantswereheldliableandaninjunctionwasnotprovidedbecause the defendants
rectifiedtheirpositionsothatno furtherharmis caused.
3. Negligence
There are situationswhenanindividual/companyfailstotake reasonablecare.Due toa lackof exercise
of due obligationandfailure tofulfill theirdutytotake care,the damage iscausedto anotherparty.This
act/omissiontonottake reasonable care iscallednegligence.
Care isan abstract termtherefore,the questionis:how dowe know if sufficientcare wastaken
or not?
 To determine whetherreasonablecare wastakenor not itis importanttoknow the degree of
relationbetweenthe actof negligence andthe accident.
 It isimportantto knowthat if the party wastrulynot negligentandhadexercisedcare,thenthe
saidincidentwouldnothave takenplace.Thus,reasonable care hasto be determinedby
lookingatthe degree of damage caused.
 Reasonable care canonlybe exercisedif the riskisknownandthe harmful eventscouldhave
beenforeseen.Thus,reasonable care will be measuredwithrespecttothe risktakenandthe
degree of harmcausedto the victims.
In the case of NareshDutt Tyagi v. State of Uttar Pradesh(1993),fumesreleasedfromthe
pesticidesleakedtoa nearbypropertythroughventilatorsthatresultedin the deathof three
childrenandfoetusina pregnantwoman.Itwasheldby the court that itwas a clear-cutcase of
negligence.Theupside of claimingnegligence isthatthe defendantshave toprove tothe court
and convince the judge thattheiractions/omissionswerenotnegligent.Itisup to the
defendantstoprove thatreasonable care wastakenandall preventive measureswere inplace
to preventaharmful accident.If the defendantsfailtoprove theirinnocence thendamagesare
providedtothe plaintiffs.Thiswaythe tortlaw alsocautionsmajor firmsagainstnottaking
reasonable care.Once damagesare awardedinone case,to shut off exposure toprosecution,
companiesstarttakingmeasurestopreventenvironmental pollutionwhichcouldcause harmto
someone’slife orproperty.
4. Strict Liability

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Tort lawalso constitutesthe Doctrine of StrictLiability.Strictliabilitymeansthatapersonhas to
showthat he/she didnotvoluntarilyparticipateinthe saidincidentasa resultof theirown
actions.The Doctrine of Strict Liabilityisalsoknownasliabilitywithoutfault.A personwho
bringsuponhimself perilsthroughhisownnegligentactionsisnotawardeddamages.
The downside of thisisthatthe burdenof proof restson the shouldersof the plaintiff.In
environmental pollution-relatedcases,itbecomesveryhardtoprove andbringforward
evidence againstthe defendants.Thisdoctrinewastalkedaboutindetail inthe case of Rylands
v. Fletcher(1868).
-TANIYA AGARWAL

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CRIMINAL REMEDIES
The Indian Penal Code and the Criminal ProcedureCode, 1973 dealwith the
remedies and concept of various nuisancewith regards to environmental
pollution and crimes
 . Indian Penal Code
The Indian Penal Code deals with offences affecting the public safety, health,
convenience, decency and morals.
Section 268–
This section classifies environment crimes as a public nuisance. If any act or omission
causing injury to any person by polluting the environment takes place, the person can
be subjected to prosecution under this section. Even noise pollution is punishable
under section. According to this section a person can be held liable for the offence of
public nuisance under the following circumstances;
(I) If he engages or conducts any act which causes common injury.
(ii) If he engages or conducts any activity that poses danger or annoyance to any
property for the public.
(iii) If he engages or conducts any activity that poses danger or annoyance to the
public.
SECTION 269-
 This section deals with negligent acts that are likely to spread of disease that are
dangerous to life. A person liable under this section shall be punished with
imprisonment for a term of up to six months or with a fine or both.
Section277–
 This section deals with provisions for preventing water pollution. According to this
section, any person who voluntarily corrupts or fouls water of any public reservoir and
makes it less fit for consumption shall be held liable. The person may be punished with
imprisonment for a term of up to three months or with a fine extending to Rupees 500
OR BOTH.

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Section 278–
 This section deals with remedies for acts that make atmosphere noxious to health, air
pollution. Whoever voluntarily vitiates the atmosphere in any way that makes it noxious
to health of persons shall be punished with a fine of maximum Rupees 500.
Section 290–
 This section provides for the punishment of public nuisance. The maximum penalty
under this section is Rupees 200. This section also makes clear that smoking in public
place causes public nuisance and therefore is punishable under this Act.
Relevant Judgement:
RamakrishnanV.State of Kerala(1999)- The Court heldthatsmokinginpubliccasescauses
publicnuisance andistherefore underthe IndianPenal Code.
CriminalProcedure Code, 1973
Background:Chapter10 of Criminal Procedure Code,Maintenance of PublicOrderand
Tranquility.Itprovideslegal provisionsforthe maintenanceof publicorderandtranquility.Itis
the duty of everycitizentomaintainpublicorder.Maintenance of publicorderandtranquilityin
the societyisone of the primaryobjectivesof anygovernment.Itcontainsremediesforpublic
nuisancescases.
Provisions:
Section 133–
This section provides for the remedy to environmental pollution in general. It empowers
the District Magistrate and Sub- Divisional Magistrate to stop the nuisance. Any order
made under this provision cannot be questioned in any civil court. Under this section six
category of public nuisances can be resolved.
 Unlawful obstructionornuisance toanypublicplace,riverorchannel lawfullyusedbythe
public.
 Conductof anytrade or occupationor storinggoodsthat are injurioustohealthorcauses
discomforttothe community.
 Constructionof anyprojector disposal of anysubstance thatis likelytocause anexplosion.
Anybuilding,tent,orstructure thatislikelytocause damage or injurytoa person.
-ANUPAMA KUMARI

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CONCLUSION
Environment Protection is part of our cultural values and heritage.
The knowledge of constitution provisions regarding environment
protection is the need of the day to bring greater public
participation, environmental awareness and make people
conscious about preserving the ecology. Even though we have
well drafted legislations there still remains a huge gap in
implementation. It is high time to being an amendment within the
environmental provisions, inclusion of environmental crimes and
separate and specific offences as well as raise the current
penalties for various environmental crimes.