ENVIRONMENT LAW

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: fifth Semester
Subject Code: LLB 301
Name of the Subject:
ENVIRONMENT LAW
Semester: fifth Semester
Subject Code: LLB 301
Name of the Subject:
ENVIRONMENT LAW
UNIT-1
ENVIRONMENT LAW AND CONSTITUTIONAL
PROVISIONS

It is interesting to note that natural resources had been stored virtually
untouched in the Earth for millions of years. But since the start of the
industrial revolution vast amounts of these resources had been exploited
within a period of just a couple of hundreds of years at unimaginable rates,
with all the waste from this exploitation going straight in the environment
(air, water, land) and seriously damaging its natural resources by various
modern practices.

In the ancient India, protection and cleaning up of environment was the
essence of the Vedic culture. The conservation of the environment
formed an ardent article of faith, reflected in the daily lives of the people
and also enshrined in myth folklore, art, culture and religion. In Hindu
theology forests, trees and wildlife protection held a place of special
reference.

The Constitutional and Legislative measures – The Constitution of India and
Environment.
To protect and improve the environment is a constitutional mandate. It is the
commitment for a country wedded to the ideas of a welfare State. The Indian constitution
contains specific provisions for environmental protection under the chapters of Directive
Principles of the State Policy and Fundamental Duties. The absence of any specific
provision in the Constitution recognizing the fundamental right to (clean and wholesome)
environment has been set off by judicial activism in the recent times.
2.2 Article 48A and 51 (A)(g)
A global adaption consciousness for the protection of the environment in the seventies
prompted the Indian Government to enact the 42nd Amendment (1976) to the
Constitution. The said amendment added Art. 48A to the Directive Principles of State
Policy. It Declares:-
“the State shall endeavor to protect and improve the environment and to safeguard the
forests and wildlife of the country”.
A similar responsibility imposed upon on every citizen in the form of Fundamental Duty –
2.3 Art. 51(A) (g)

2.3 Art. 51(A) (g)
“to protect and improve the natural environment including forest, lakes, rivers and wildlife,
and to have compassion for living creatures”.
The amendments also introduced certain changes in the Seventh Schedule of the
Constitution. ‘Forest’ and ‘Wildlife’ were transferred from the State list to the Concurrent List.
This shows the concern of Indian parliamentarian to give priority to environment protection
by bringing it out the national agenda. Although unenforceable by a court, the Directive
Principles are increasingly being cited by judges was a complementary to the fundamental
rights. In several environmental cases, the courts have guided by the language of Art. 48A.
and interpret it as imposing “an obligation” on the government, including courts, to protect
the environment.
In L.K Kollwal V State of Rajasthan, a simple writ petition by citizens of Jaipur compelled
the municipal authorities to provide adequate sanitation. The court observes that when
every citizen owes a constitutional duty to protect the environment (Art.51A), the citizen
must be also entitled to enlist the court’s aid in enforcing that duty against recalcitrant State
agencies. The Court gave the administration six month to clean up the entire city, and
dismissed the plea of lack of funds and staff.

2.4 Article 246
Art.246 of the Constitution divides the subject areas of legislation between the Union and
the States. The Union List (List I) includes defence, foreign affairs, atomic energy, intestate
transportation, shipping, air trafficking, oilfields, mines and inter-state rivers. The State List
(List II) includes public health and sanitation, agriculture, water supplies, irrigation and
drainage, fisheries. The Concurrent list (List III) (under which both State and the Union can
legislate) includes forests, protection of wildlife, mines and minerals and development not
covered in the Union List, population control and factories. From an environmental
standpoint, the allocation of legislative authority is an important one – some environmental
problem such as sanitation and waste disposal, are best tackled at the local level; others,
like water pollution and wildlife protection, are better regulated uniform national laws.
2.5 Article 253
Art.253 of the Constitution empowers Parliament to make laws implementing India’s
international obligations as well as any decision made at an international conference,
association or other body. Art.253 states: Notwithstanding anything in the foregoing
provision provisions of this chapter, Parliament has power to make any law for the whole or
any part of the territory of India for implementing any treaty, agreement or convention with
any other country or countries or any decision made at any international conference,
association or other body. The Tiwari Committee in 1980 recommended that a new entry on
“environmental Protection” be introduced in the concurrent list to enable the centre to
legislate on environmental subjects.

2.6 Article 14 and Article 19 (1) (g)
ART. 14 states: “The states shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.’’ The right to equality may also be infringed by
government decisions that have an impact on the environment. An arbitrary action must
necessary involve a negation of equality, thus urban environmental groups often resort to Art.14
to quash arbitrary municipal permission for construction that are contrary to development
regulations.
2.7 Article 21
(Right to Wholesome Environment)
"No person shall be deprived of his life or personal liberty except according procedure
established by law."
In Maneka Gandhi v Union of India, the Supreme Court while elucidating on the importance of
the ‘right to life’ under Art. 21 held that the right to life is not confined to mere animal existence,
but extends to the right to live with the basic human dignity (Bhagwati J.)
Similarly while interpreting Art.21 in Ganga Pollution Case as discussed before, Justice Singh
justified the closure of polluting tanneries observed: "we are conscious that closure of tanneries
may bring unemployment, loss of revenue, but life. Health and ecology have greater importance
to the people."

In the State of Himachal Pradesh, Span motel, owned by the family members of Shri Kamal
Nath, Minister for Environment and Forests, Govt. of India diverted the Course of river Beas
to beautify the motel and also encroached upon some forest land. The apex court ordered
the management of the Span motel to hand over forest land to the Govt. of Himachal
Pradesh and remove all sorts of encroachments.
The Court delivered a land mark judgment and established principle of exemplary damages
for the first time in India. The Court said that polluter must pay to reverse the damage
caused by his act and imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as
exemplary damages. The Supreme Court of India recognized Polluter Pays Principle and
Public Trust Doctrine. Despite Coastal Zone Regulation Notification of February 1991, none
of the coastal states had formulated coastal zone management plan, with the result that
haphazard construction and industrial activity was being permitted anywhere in the coast
leading to large scale damage to coastal ecology and loss of livelihood to lakhs of fishermen
and other indigenous communities dependent on marine resources. A writ petition was filed
on behalf of Indian Council for Enviro- Legal Action (ICELA) and the Supreme Court
delivered a landmark Judgement banning industrial/ construction activity within 500 mtrs of
the High Tide Line and set a time limit for the coastal states to formulate coastal
management plans

Important disposal off Environmental cases by Indian Judiciary-
Sanitation in Ratlam: In a landmark judgment in 1980, the Supreme Court explicitly recognized
the impact of a deteriorating urban environment on the poor. It linked basic public health facilities
to human rights and compelled the municipality to provide proper sanitation and drainage
Doon valley quarrying: In 1987, the Rural Litigation and Entitlement Kendra, on the behalf of
residents of the Doon valley, filed a case in the Supreme Court against limestone quarrying. This
case was the first requiring the Supreme Court to balance environmental and ecological integrity
against industrial demands on forest resources. The courts directed the authorities to stop
quarrying in the Mussoorie hillsGas leak in Shriram factory:
In the historic case of the oleum gas leak from the Shriram Food and Fertilizer factory in Delhi, in
1986, the Supreme Court ordered the management to pay compensation to the victims of the gas
leak. The “absolute liability” of a hazardous chemical manufacturer to give compensation to all
those affected by an accident was introduced in this case and it was the first time compensation
was paid to victims.
Construction in Silent Valley: In 1980, the Kerala High Court threw out a writ filed by the Society
for the Protection of the Silent Valley seeking a ban on construction of a hydro-electric project in
the valley. However, despite an unfavorable judgment, active lobbying and grassroots action by
environmentalists stopped the project.

UNIT -2
PREVENTION OF AIR, WATER, NOISE AND LAND POLLUTION
UNIT -2
PREVENTION OF AIR, WATER, NOISE AND LAND POLLUTION

.
Developmental activities such as construction, transportation and manufacturing not only deplete
the natural resources but also produce large amount of wastes that leads to pollution of air,
water, soil, and oceans; global warming and acid rains. Untreated or improperly treated waste is
a major cause of pollution of rivers and environmental degradation causing ill health and loss of
crop productivity. In this lesson you will study about the major causes of pollution, their effects on
our environment and the various measures that can be taken to control such pollutions. Pollution
may be defined as addition of undesirable material into the environment as a result of human
activities. The agents which cause environmental pollution are called pollutants. A pollutants may
be defined as a physical, chemical or biological substance unintentionally released into the
environment which is directly or indirectly harmful to humans and other living organisms..

Pollution may be of the following types:
• Air pollution
• Noise pollution
• Water pollution
• Soil pollution
1. Air pollution is a result of industrial and certain domestic activity. An ever
increasing use of fossil fuels in power plants, industries, transportation,
mining, construction of buildings, stone quarries had led to air pollution. Air
pollution may be defined as the presence of any solid, liquid or gaseous
substance including noise and radioactive radiation in the atmosphere in
such concentration that may be directly and indirectly injurious to humans
or other living organisms, plants, property or interferes with the normal
environmental processes. Air pollutants are of two types (1) suspended
particulate matter, and (2) gaseous pollutants like carbon dioxide (CO2 ),
NOx etc

Particulate pollutants Particulate matter suspended in air are dust and
soot released from the industrial chimneys. Their size ranges from 0.001
to 500 µm in diameter. Particles less than 10µm float and move freely with
the air current. Particles which are more than 10µm in diameter settle
down. Particles less than 0.02 µm form persisent aerosols. Major source
of SPM (suspended particulate matter) are vehicles, power plants,
construction activities, oil refinery, railway yard, market place, industries,
etc. • Fly ash Fly ash is ejected mostly by thermal power plants as by
products of coal burning operations.
Fly ash pollutes air and water and may cause heavy metal pollution in
water bodies. Fly ash affects vegetation as a result of its direct deposition
on leaf surfaces or indirectly through its deposition on soil. Fly ash is now
being used for making bricks and as a land fill material.

Prevention and control of air pollution
(i) Indoor air pollution Poor ventilation due to faulty design of buildings leads to pollution of the
confined space. Paints, carpets, furniture, etc. in rooms may give out volatile organic
compounds (VOCs). Use of disinfectants, fumigants, etc. may release hazardous gases. In
hospitals, pathogens present in waste remain in the air in the form of spores. This can result in
hospital acquired infections and is an occupational health hazard. In congested areas, slums
and rural areas burning of firewood and biomass results in lot of smoke. Children and ladies
exposed to smoke may suffer from acute respiratory problems which include running nose,
cough, sore throat, lung infection, asthama, difficulty in breathing, noisy respiration and
wheezing.
Prevention and control of indoor air pollution Use of wood and dung cakes should be replaced
by cleaner fuels such as biogas, kerosene or electricity. But supply of electricity is limited.
Similarly kerosene is also limited. Improved stoves for looking like smokeless chullahs have
high thermal efficiency and reduced emission of pollutants including smoke. The house
designs should incorporate a well ventilated kitchen. Use of biogas and CNG (Compressed
Natural Gas) need to be encouraged. Those species of trees such as baval (Acacia nilotica)
which are least smoky should be planted and used. Charcoal is a comparatively cleaner fuel.
Indoor pollution due to decay of exposed kitchen waste can be reduced by covering the waste
properly. Segregation of waste, pretreatment at source, sterilization of rooms will help in
checking indoor air pollution.

2. Noise Pollution
Noise is one of the most pervasive pollutant. A musical clock may be nice to
listen during the day, but may be an irritant during sleep at night. Noise by
definition is “sound without value” or “any noise that is unwanted by the
recipient”. Noise in industries such as stone cutting and crushing, steel
forgings , loudspeakers, shouting by hawkers selling their wares, movement
of heavy transport vehicles, railways and airports leads to irritation and an
increased blood pressure, loss of temper, decrease in work efficiency, loss of
hearing which may be first temporary but can become permanent in the noise
stress continues. It is therefore of utmost importance that excessive noise is
controlled. Noise level is measured in terms of decibels (dB). W.H.O. (World
Health Organization) has prescribed optimum noise l
Sources of noise pollution Noise pollution is a growing problem. All human
activities contribute to noise pollution to varying extent. Sources of noise
pollution are many and may be located indoors or outdoors.
Indoor sources include noise produced by radio, television, generators,
electric fans, air coolers, air conditioners, different home appliances, and
family conflict. Noise pollution is more in cities due to a higher concentration
of population and industries and activities such as transportation. Noise like
other pollutants is a by product of industrialization, urbanization and modern
civilization.

."
Outdoor sources of noise pollution include indiscriminate use of loudspeakers,
industrial activities, automobiles, rail traffic, aero planes and activities such as
those at market place, religious, social, and cultural functions, sports and political
rallies. In rural areas farm machines, pump sets are main sources of noise
pollution. During festivals, marriage and many other occasions, use of fire
crackers contribute to noise pollution. 10.6.2 Effects of noise pollution Noise
pollution is highly annoying and irritating. Noise disturbs sleep, causes
hypertension (high blood pressure), emotional problems such as aggression,
mental depression and annoyance. Noise pollution adversely affects efficiency
and performance of individuals.
Prevention and control of noise pollution Following steps can be taken to control
or minimize noise pollution- • Road traffic noise can be reduced by better
designing and proper maintenance of vehicles. • Noise abatement measures
include creating noise mounds, noise attenuation walls and well maintained roads
and smooth surfacing of roads. • Retrofitting of locomotives, continuously welded
rail track, use of electric locomotives or deployment of quieter rolling stock will
reduce noises emanating from trains. • Air traffic noise can be reduced by
appropriate insulation and introduction of noise regulations for take off and
landing of aircrafts at the airport. • Industrial noises can be reduced by sound
proofing equipment like generators and areas producing lot of noise.

3. WATER POLLUTION
Addition or presence of undesirable substances in water is called water
pollution. Water pollution is one of the most serious environmental problems.
Water pollution is caused by a variety of human activities such as industrial,
agricultural and domestic. Agricultural run off laden with excess fertilizers and
pesticides, industrial effluents with toxic substances and sewage water with
human and animal wastes pollute our water thoroughly.
Natural sources of pollution of water are soil erosion, leaching of minerals from
rocks and decaying of organic matter. Rivers, lakes, seas, oceans, estuaries
and ground water sources may be polluted by point or non-point sources. When
pollutants are discharged from a specific location such as a drain pipe carrying
industrial effluents discharged directly into a water body it represents point
source pollution. In contrast non-point sources include discharge of pollutants
from diffused sources or from a larger area such as run off from agricultural
fields, grazing lands, construction sites, abandoned mines and pits, roads and
streets.

Sources of water pollution Water pollution is the major source of water born diseases and
other health problems. Sediments brought by runoff water from agricultural fields and
discharge of untreated or partially treated sewage and industrial effluents, disposal of fly
ash or solid waste into or close to a water body cause severe problems of water pollution.
Increased turbidity of water because of sediments reduces penetration of light in water
that reduces photosynthesis by aquatic plants.
(i) Pollution due to pesticides and inorganic chemicals • Pesticides like DDT and others
used in agriculture may contaminate water bodies. Aquatic organisms take up pesticides
from water get into the food chain (aquatic in this case) and move up the food chain. At
higher trophic level they get concentrated and may reach the upper end of the food chain.
• Metals like lead, zinc, arsenic, copper, mercury and cadmium in industrial waste waters
adversely affect humans and other animals. Arsenic pollution of ground water has been
reported from West Bengal, Orissa, Bihar, Western U.P. Consumption of such arsenic
polluted water leads to accumulation of arsenic in the body parts like blood, nails and
hairs causing skin lesions, rough skin, dry and thickening of skin and ultimately skin
cancer. • Pollution of water bodies by mercury causes Minamata disease in humans and
dropsy in fishes. Lead causes displexia, cadmium poisoning causes Itai – Itai disease
etc.
• Oil pollution of sea occurs from leakage from ships, oil tankers, rigs and pipelines.
Accidents of oil tankers spill large quantity of oil in seas which kills marine birds and
adversely affects other marine life and beaches.

Methods for control of water pollution and water recycling Control water pollution
Waste water from domestic or industrial sources or from garbage dumps is
generally known as sewage. It may also contain rain water and surface runoff.
The sewage water can be treated to make it safe for disposal into water bodies
like rivers, lakes etc.
The treatment involves three stages: primary, secondary and tertiary. This
includes 1. sedimentation, 2. coagulation/flocculation, 3.filtration, 4.disinfection,
5.softening and 6.aeration.
The first four steps are of primary treatment. The first three steps are involved in
primary treatment remove suspended particulate matter. Secondary treatment
removes organic solids, left out after primary treatment, through their microbial
decomposition.
Effluents after secondary treatment may be clean but contain large amounts of
nitrogen, in form of ammonia, nitrates and phosphorous which can cause
problem of eutrophication upon their discharge into a receiving water body such
as river, lake or pond.
The tertiary treatment is meant to remove nutrients, disinfect for removing
pathogenic bacteria, and aeration removes hydrogen sulphide and reduce the
amount of carbon dioxide and make water healthy and fit for aquatic organisms.

4. SOIL POLLUTION -
Addition of substances which adversely affect the quality of soil or its fertility is
known as soil pollution. Generally polluted water also pollute soil. Solid waste is a
mixture of plastics, cloth, glass, metal and organic matter, sewage, sewage
sludge, building debris, generated from households, commercial and industries
establishments add to soil pollution. Fly ash, iron and steel slag, medical and
industrial wastes disposed on land are important sources of soil pollution. In
addition, fertilizers and pesticides from agricultural use which reach soil as run-off
and land filling by municipal waste are growing cause of soil pollution. Acid rain
and dry deposition of pollutants on land surface also contribute to soil pollution. 1
Sources of soil pollution Plastic bags – Plastic bags made from low density
polyethylene (LDPE), is virtually indestructible, create colossal environmental
hazard. The discarded bags block drains and sewage systems. Leftover food,
vegetable waste etc. on which cows and dogs feed may die due to the choking by
plastic bags. Plastic is non biodegradable and burning of plastic in garbage dumps
release highly toxic and poisonous gases like carbon monoxide, carbon dioxide,
phosgene, dioxine and other poisonous chlorinated compounds. Industrial sources
– It includes fly ash, chemical residues, metallic and nuclear wastes. Large
number of industrial chemicals, dyes, acids, etc. find their way into the soil and are
known to create many health hazards including cancer4

Control of soil pollution Indiscriminate disposal of solid waste should be
avoided.
To control soil pollution, it is essential to stop the use of plastic bags and
instead use bags of degradable materials like paper and cloth. Sewage
should be treated properly before using as fertilizer and as landfills. The
organic matter from domestic, agricultural and other waste should be
segregated and subjected to vermi composting which generates useful
manure as a by product.
The industrial wastes prior to disposal should be properly treated for
removing hazardous materials. Biomedical waste should be separately
collected and incinerated in proper incinerator.
Besides these there are several important legal provisions by which the Air,
Water, Noise and Soil pollution has been reduced. The Air and Water
pollution control board has played important role in this direction. The green
tribunal act is the next most effective provision to reduce the pollution so that
the next generations can have the clean and clear enviromnment.

UNIT – 3
GENERAL ENVIRONMENT LEGISLATIONS AND PROTECTION OF
FOREST AND WILD LIFE
UNIT – 3
GENERAL ENVIRONMENT LEGISLATIONS AND PROTECTION OF
FOREST AND WILD LIFE

A forest is a terrestrial ecosystem, where communities of plants and
animals interact with one another and with the physical environment
(World Wide Fund for Nature). They are natural renewable resources.
Countries differ in their forest cover, which in turn depends on various
factors such as climate, availability of land, population density etc.
Forests are critical for maintaining the quality of global environment.
The benefits accruing from the forests include tangible products such as
fuel wood, timber, fodder, manure and other non-timber and minor forest
products like fruits and flowers, intangible services such as moderating
the hydrological cycle, soil conservation, climate change mitigation and
habitat for wildlife India is the seventh largest country in the world
occupying 2.4 percent of the world area. However, only 1.8 percent of
forests cover lies in India .In spite of recent efforts to increase forest cover
through reforestation, being carried out mainly under Compensatory
Afforestation Management and Planning Authority (CAMPA), India’s
forests are in a devastated condition, with just over 21 percent of India
under forest cover in 2007 (State of Forest Report 2009 released by the
Union Minister of Environment and Forests)

Systematic management of forests began in the mid-nineteenth century. The first
forest policy of India enunciated in 1894 focused on commercial exploitation of
timber and gave importance to permanent cultivation. The 1952 revision of the
policy recognized the protective role of forests and proposed that one-third of the
land area of the country be retained under forest and tree cover. before 1976,
forest and wildlife were State subjects in the Indian Constitution. The forest
departments regulated forests in accordance with the Forest Act of 1927.
Recognizing the significance of forests and wildlife, the 42nd Amendment to the
Constitution deleted both from the State list and placed them in the Concurrent
list,. Now, Centre and States may legislate on issues pertaining to forests and
protection of wildlife.
The 42nd Amendment also introduced a new Directive Principle of State Policy
[Article 48-A] and a Fundamental Duty [51 (A) (g)] for the protection and
improvement of the forests. These provisions provide as under:
1. Article 48-A – Protection and improvement of environment and safeguarding of
forests and wildlife. The State shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife of the country.
2. Article 51(A) (g) – 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 creature

The history of modern forest legislation in India is more than a century old. The
first codification in relation to the administration of forest in India was the Indian
Forest Act, 1865. It empowered the government to appropriate any land covered
with trees as government forests and manage them.
The Act of 1865 was replaced by a more comprehensive Indian Forest Act of
1878. Forests were divided into Reserve Forests, Protected Forests and Village
Forests. Several restrictions were imposed upon the people’s rights over forest
land and produce in the Protected and Reserved Forests. The Act was amended
from time to time and was ultimately repealed and replaced by the Indian Forest
Act, 1927.
Current Forest and Wildlife Legislations in India:
The important forest legislations in India are:
1. The Indian Forest Act, 1927
2. The Wildlife Protection Act, 1972
3. The Forest Conservation Act, 1980
4. The Scheduled Tribes and other Traditional Forest Dwellers Act, 2006

The Indian Forest Act, 1927 was enacted during pre-independence era with the
objective “to consolidate the law relating to forests, the transit of forest-produce
and the duty leviable on timber and other forest-produce." It also sought to
consolidate and reserve the areas having forest cover, or significant wildlife.
“The Forests Act establishes three kinds of forests, namely, Reserve Forests,
Protected Forests and Village Forests. Reserved forests are the most restrictive
category of forests. These forests are constituted by the State Government on
any forestland or wasteland which is the property of the government or on which
the government has proprietary rights. Protected forests, constituted by the state
government, are forests other than reserved forests over which the government
has proprietary rights. Village forests, are those in which the state government
assigns to ‘any village-community.
There is another type of forests known as Non-government Forests. It covers
the forests and land not being in control of the government. “The State
government can, by notification, regulate or prohibit the breaking up or clearing
of land for cultivation, the pasture for cattle or the firing or clearing of vegetation
to protect against storms,to preserve soil from erosion, to maintain water supply
in springs, rivers and tanks, to protect roads, bridges, railway, lines of
communication and to preserve public health.

The Forest Conservation Act, 1980
In 1980, the Parliament, in response to the rapid decline in the forest
covers in India, and also to fulfill the Constitutional obligation under
Article 48-A (42nd Amendment in 1976), enacted a new legislation
called the Forest Conservation Act, 1980
. “The Act allows the diversion of forest land only for certain purposes
such as to meet the developmental needs for drinking water projects,
irrigation projects, transmission lines, railway lines, roads, power
projects, defense related projects, mining etc. For such diversions of
forest lands for non forestry purposes, compensatory afforestation is
stipulated and catchment area treatment plan, wildlife habitat
improvement plan, rehabilitation plan etc. are implemented, to mitigate
the ill effects of diversion of such vast area of green forests. To monitor
the effective implementation of the compensatory afforestation in the
country, an authority named as "Compensatory Afforestation
Management and Planning Authority (CAMPA)" has been constituted at
the national level.

The Scheduled Tribe and other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006
“The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 was passed by the Lok Sabha as well as the
Rajya Sabha on December 18, 2006. This legislation, aimed at giving
ownership rights over forestland to traditional forest dwellers" (Krishnan
R., 2006).
The Ministry of Tribal Affairs was established as an independent ministry
in 1999 to deal specifically with scheduled tribes. The criteria for
designating a tribe as “scheduled" include having ‘primitive’ traits, dwelling
in geographical isolation, having a distinct culture, being shy of contact
with the outside world and being economically ‘backward’. There are more
than 600 officially listed scheduled tribes in the country, comprising less
than 10% of the country’s total population and with little over 2% believed
to be dwelling in forests.
The list of rights as provided under the Act includes:
Right to live in the forest under the individual or common occupation for
habitation or for self-cultivation for livelihood
Right to access, use or dispose of minor forest produce

The Wildlife Protection Act, 1972
The WPA is the most important statute providing protection of wildlife. “The Act
prohibits hunting of animals listed in Schedule I, II, III & IV. Under the Act, the
state government may declare any area of adequate ecological, faunal, floral,
natural or zoological importance as a sanctuary or a national park. In both
national parks & sanctuaries, public entry is restricted & the destruction of any
wildlife or habitat is prohibited. In 1986 the Act was suitably amended. Under
the 1972 Act, trade & commerce in wild animals, animal articles and trophies
was permissible within the country.
But many traders smuggled the animal skins, animal articles and trophies to
foreign countries for getting huge profit. Hence, by 1986 Amendment Act it was
provided that no one will be allowed to carry on trade in wild animals specified
in Schedules I & II of the Act. Also the then existing licenses for internal trade
of animals and animal articles were revoked and a total ban on trade in Indian
ivory was imposed.

The Wildlife (Protection) Act, 1972 was further amended by Wildlife
(Protection) Amendment Act, 2002.
The said amendment was notified in 2003. “The amended WPA is
stronger with several new clauses and important amendments
making it the bulwark and guardian of wildlife and its habitat.
Penalties for hunting wild animals have been increased.
A new clause empowers enforcement authorities to effect
forfeiture of property derived from illegal hunting or trade of wildlife.
To ensure better protection of wildlife habitats, illegal encroaches
within national parks or wildlife sanctuaries can now be evicted and
structures removed; no construction of commercial tourist lodges,
hotels and zoos can be allowed without the prior approval of the
National Board for Wildlife.

The Act has been amended further in 2006 by the Wildlife Protection
(Amendment) Act, 2006. Through the amendment, “the scope of the Act
has widened, and it has become stronger with the incorporation of
stricter penal provisions and the constitution of a National Board for
Wildlife.
Under the Act, convicted offenders are liable to a maximum sentence
of three years, extendable to seven, and a fine of Rs.10,000, which is
increased to Rs.25,000 if there is a second conviction. Bail terms have
been made stringent and the accused can be released only after the
public prosecutor has been heard and even then only if the court is
convinced that the accused is blameless.
The 2006 amendment to the Act has also resulted in the formation of
the Wildlife Crime Control Bureau. It is meant to collate intelligence
relating to wildlife crime, ensure coordination with the State
governments and other authorities and develop infrastructure for
scientific and professional investigation. It is also meant to assist the
State governments in the prosecution.

Other Important Central Legal Provisions for Forest and Wildlife:
Conservation The Environment Protection Act, 1986
Another important general framework of environment protection is
provided under the Environment Protection Act, 1986. It is of
immense value in supporting legal action for forest conservation.
Under the Act, “the Central Government is vested with power to take
all such measures, as it deems necessary or expedient for the
purpose of protecting and improving the quality of environment and
preventing, controlling and abating environmental pollution.
The Central Government has been empowered to issue directions
including the power to direct closure, prohibition and regulation of any
industry, operation or process or stoppage or regulation of the supply
of electricity or water or any service."
Despite the fact that the Act does not have provisions relating to
forest conservation, it has scope for liberal interpretation.
:

The Biological Diversity Act, 2002:
The Biodiversity Act 2002 has been enacted in pursuance of the United
Nations Convention on Biological Diversity 1992. The preamble to the
Act borrows the objectives as laid down in the Convention and says that
the Act is to “provide for conservation of biological diversity, sustainable
use of its components and equitable sharing of the benefits" arising
there from.
Forest Policy of 1988.
The Forest Policy of 1988 represented a major paradigm shift from the
earlier policies. Unlike, the use oriented policy of 1952, the Forest Policy
of 1988 lays major emphasis on the ecological roles of forests, and
envisages that “the rights and concessions from forests are to be
primarily for bona-fide use of communities living within and around the
forest areas, especially tribals." “In the field of domestic energy, fuel
wood needs to be substituted as far as practicable with alternative
sources like biogas, solar energy, LPG, etc." “The NFP further
stipulates that any diversion of forest land should be subject to most
careful scrutiny by specialists and must take into consideration the
social and environmental costs

UNIT-4
INTERNATIONAL ENVIRONMENT LAWS AND CURRENT TRENDS
UNIT-4
INTERNATIONAL ENVIRONMENT LAWS AND CURRENT TRENDS

In the last forty years, international environmental law has evolved rapidly, a
environmental risks have become more apparent and their assessment and
management more complex. In 1972, there were only a few dozen multilateral
agreements, and most countries lacked environmental legislation. In 2011, there
are
hundreds of multilateral and bilateral environmental agreements and all countries
have one or more environmental statutes and/or regulations. Many actors in
addition
to States shape the development, implementation of, and compliance with
international environmental law.
The evolution of international environmental law can be separated into thre
distinct periods: from 1900-1972, from 1972-1992; and from 1992-2012. These
correspond roughly to the period of early glimmers of international
environmental
law; basic framework development; and maturation and linkage with other areas
of international law.

1972: The United Nations Stockholm Conference on the Human
Environment
The year 1972 was historic, because for the first time countries
across the world came together to identify and address environmental
problems. The United
Nations Conference on the Human Environment, held in Stockholm in
1972, was the first international intergovernmental conference to focus
on environmental problems. The preparations for the Conference, the
Conference, and the period immediately following the Conference had
lasting consequences for the course of international environmental law.
Perhaps the most central issue that arose in the preparations for the
Stockholm Conference was the need to address the potential conflict
between economic development and environmental protection.

The Stockholm Conference also resulted in the adoption by
governments of the U.N. Stockholm Declaration on the Human
Environment. This document set the stage for the further development
of principles of international environmental
law.12 In particular, Principle 21, which provides that "States have the
sovereign right to exploit their own resources pursuant to their own
environmental policies ,and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of national
jurisdiction, "As a result of the Stockholm Conference, countries
established the first international intergovernmental organization focused
on environmental protection: the United Nations Environment Programme
(UNEP) in Nairobi, Kenya. The organization was not established as a
United Nations specialized agency, however, and thus lacks the status of
other United Nations organizations such as the United Nations Food and
Agricultural Organization (FAO) or the United Nations
Educational, Scientific, and Cultural Organization (UNESCO).

In June 1992, countries met in Rio de Janeiro, Brazil, to commemorate
the twentieth anniversary of the 1972 Stockholm Conference on the
Human Environment. The location of the conference in Brazil sent an
important message that environment and development were the
concerns of all countries, regardless of their stage of economic
development.
The Rio Conference became an important milestone
in the development of international environmental law and policy. The Rio
Conference produced four important documents for international
environmental law: the Rio Declaration on Environment and Development
which laid the basis for the rapid development of new principles and rules
of international environmental law; the U.N. Framework Convention on
Climate Change;

Precautionary principle
Principle 15 of Rio
In order to protect the environment, the precautionary
approach shall be widely applied by States according to
their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not
be used as a reason for postponing cost-effective
measures to prevent environmental degradation. Vellore
Citizen’s Welfare Forum v. Union of India (1996)
Environmental measures by the State Government and the
statutory Authorities must anticipate, prevent and attack the
causes of environmental degradation.
Where there are threats of serious and irreversible damage
lack of scientific certainty should not be used as a reason for
postponing, measures to prevent environmental degradation.

Narmada Bachao Andolan v. Union of India, AIR 1999 SC
3345
It appears to us that the precautionary principle and
the corresponding burden of proof on the person
who wants to change the status quo will ordinarily
apply in a case of polluting or other project or
industry where the extent of damage likely to be
inflicted is not known.
When there is a state of uncertainty due to lack of
data or material about the extent of damage or
pollution likely to be caused then, in order to
maintain the ecology balance, the burden of proof
that the said balance will be maintained must
necessarily be on the industry or the unit which is
likely to cause pollution

Polluter Pays Principle
Cost of pollution should be born
by the person causing pollution
Doubtful as to whether reached
the status of a customary
principle of international law
Principle 16 Rio
Compromise language

PPP means that the absolute liability for harm to the
environment extends not only to compensate the
victims of pollution but also the cost of restoring the
environmental degradation. Remediation of
damaged environment is part of the process of
sustainable development and as such polluter is
liable to pay the cost to the individual sufferers as
well as the cost of reversing the damaged ecology
Polluter Pays Principle

UNEP, the United Nations Environment Programme (UNEP) in 1972, has
played a significant role in the development of international environmental
law. It has negotiated and obtained adoption of nearly thirty binding
multilateral instruments, Part I of this article describes in greater detail
UNEP's activities in the field of international environmental law. Part 1
examines the evolution of UNEP's approach to this field and the
effectiveness of its approach in promoting protection of the ozone layer,
sound management of hazardous wastes, and exchange of information
on chemicals in international trade. This evaluation reveals that UNEP
has negotiated a large number of agreements with scientific, legal, and
political acumen. It argues that UNEP's approach could be more effective,
however, if it systematically included economic incentives.
The Governing Council (GC) of UNEP is composed of 58 states,
which need not be members of the UN. The GC meets biennially at
UNEP headquarters in Nairobi, Kenya to deliberate policy matters,
issue decisions, and set UNEP's agenda, including its environmental
law program.

Recently, in accordance with the various decisions of the Governing
Council, UNEP's environmental law program has concentrated on a
broad range of global environmental problems. UNEP drafted, negotiated
,and obtained adoption and entry into force of the Vienna Convention for
the Protection of the Ozone Layer (Vienna Convention) The Indigenous
Peoples Policy Guidance of UNEP is a supplement to the recently
approved UNEP Environmental, Social and Economic Sustainability
(ESES) Framework, which also includes a specific Indigenous Peoples
Safeguard Standard. The ESES Framework is compliant with the
requirements of “A Framework for Advancing Environmental and Social
Sustainability in the United Nations System (2012),” prepared by the
Environmental Management Group (EMG), and the ’Environmental and
Social Safeguards’ and ’Gender’ Policies of the Global Environment
Facility (GEF). This Framework sets minimum sustainability standards
for UNEP and its implementing/executing partners, and enables UNEP to
anticipate and manage emerging environmental, social and economic
issues

The NGT was established on October 18, 2010 under the National Green
Tribunal Act 2010, passed by the Central Government. The stated objective of the
Central Government was to provide a specialized forum for effective and speedy
disposal of cases pertaining to environment protection, conservation of forests
and for seeking compensation for damages caused to people or property due to
violation of environmental laws or conditions specified while granting permissions.
The Chairperson of the NGT is a retired Judge of the Supreme Court, Head
Quartered in Delhi. Other Judicial members are retired Judges of High Courts.
Each bench of the NGT will comprise of at least one Judicial Member and one
Expert Member. Expert members should have a professional qualification and a
minimum of 15 years experience in the field of environment/forest conservation
and related subjects.
Powers
The NGT has the 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 NGT Act. These include the following:
The Water (Prevention and Control of Pollution) Act, 1974;
The Water (Prevention and Control of Pollution) Cess Act, 1977;

The Forest (Conservation) Act, 1980;
The Air (Prevention and Control of Pollution) Act, 1981;
The Environment (Protection) Act, 1986;
This means that any violations pertaining only to these laws, or any order /
decision taken by the Government under these laws can be challenged before
the NGT. Importantly, the NGT has not been vested with powers to hear any
matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927
and various laws enacted by States relating to forests, tree preservation etc.
Therefore, specific and substantial issues related to these laws cannot be raised
before the NGT. You will have to approach the State High Court or the Supreme
Court through a Writ Petition (PIL) .
Procedure for filing an Application or Appeal
The NGT follows a very simple procedure to file an application seeking
compensation for environmental damage or an appeal against an order or
decision of the Government.
For every application / appeal where no claim for compensation is involved, 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/-.

ENVIRONMENT LAW

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Similar to ENVIRONMENT LAW

Similar to ENVIRONMENT LAW (20)

More from cpjcollege

More from cpjcollege (20)

Recently uploaded

Recently uploaded (20)

ENVIRONMENT LAW