The document outlines the evolution of environmental legislation initiatives stemming from the UN Conference on Human Environment held in Stockholm in 1972, emphasizing collective responsibility for environmental protection. It details various environmental acts such as the Environmental Protection Act, Water Act, Air Act, Forest Conservation Act, Wildlife Protection Act, and Noise Pollution Rules, each aimed at preventing pollution and preserving biodiversity. Additionally, it discusses constitutional provisions emphasizing the protection of the environment and the responsibilities of the government and citizens in safeguarding natural resources.

1. Environmental Legislations
UN Conference on Human Environment
The historical conference on Human Environment was held in Stockholm from 5th
June to 16th June 1972. It was the first global recognition that the environment was
endangered and the governments and the industry had to collectively put in an
effort to protect the environment.
The Conference called upon Governments and peoples to exert common efforts for
the preservation and improvement of the human environment.
For the first time the developed countries realized that they had completely ignored
the impact on the environment during their rapid development.
and other natural resources of the world.
The United Nations General Assembly laid down as many as 26 principles in the
Conference held at Stockholm in 1972.

2. Environmental Legislations
Environmental Protection Act 1986
Concept behind Act borrowed from proclamation adopted by UN conference on
Human Environment 5th to 16th June 1972 Stockholm
• Chapter I Preliminary Sec 1&2
• Chapter II General powers of Central Govt. Sec 3-6
•Chapter III Prevention, Control and Abetment of Environmental
Pollution. Sec 7-17
•Chapter IV Miscellaneous 8 -16

3. Environmental Legislations
The Water (Prevention and Control Act) , 1974
Water being a State Subject, Parliament can exercise the power to legislate on water
only under Article 252 of Const Of India.
Chapter I Preliminary Sec 1&2
Chapter II Central and State boards for prevention and control of water.
Sec. 3-12
Chapter III Joint Board Sec 13-15
Chapter IV Power and functions of board Sec 16-18
Chapter V Prevention and control of water Sec19-33
Chapter VI Fund Accounts and Audit Sec 34-40
Chapter VII Penalties and procedure Sec 41-50 Chapter VIII Miscellaneous
Sec 51 -64

4. Environmental Legislations
The Air (Prevention and Control Act) 1981
Chapter I Preliminary Sec 1&2
Chapter II Central and State boards for prevention and control of Air. Sec. 3-15
Chapter III Power and functions of board Sec 16-18
Chapter IV Prevention and control of water Sec19-31
Chapter V Fund Accounts and Audit Sec 32-36
Chapter VI Penalties and procedure Sec 37-46
Chapter VII Miscellaneous Sec 47-54

5. Environmental Legislations
The Air (Prevention and Control Act) , 1981
Constitution of Central board : Appointed by Central govt.
A Chairman
Maximum 5 Officials
Maximum 5 persons
Maximum 3 non officials
Maximum 2 representatives
One Member Secretary
Constitution of State board : Appointed by State Govt.
Same as above.
Joint Boards
To be run by Central govt or two or more govts of adjoining states.

6. Environmental Legislations
The Air (Prevention and Control Act) , 1981
Functions of Central Board
Advise Central Board
Coordinate Activities
Provide Assistance
Organize Training
Campaigning and Media
To perform functions of state boards during emergencies, in the interest of public.
Publish handouts, bills and Technical literatures.
Organize nation wide programmes
Functions of State boards
 Same as above

7. Environmental Legislations
The Air (Prevention and Control Act) , 1981
Constitution of Central board : Appointed by Central govt.
A Chairman
Maximum 5 Officials
Maximum 5 persons
Maximum 3 non officials
Maximum 2 representatives
One Member Secretary
Constitution of State board : Appointed by State Govt.
Same as above.
Joint Boards
To be run by Central govt or two or more govts of adjoining states.

8. Environmental Legislations
The Forest Conservation Act 1980
1 Short title, extent and commencement
2 Restriction on the preservation of forests or use of forest land.
3 constitution of advisory committee.
3A Penalty for contraventions of the provisions of the Act.
3B Offences by authorities and government departments.
4 Power to make rules.
5 Repeal and saving.

9. Environmental Legislations
Wild life protection Act
Objects
1 Decline of wild animals and birds : matter of concern
2 Wild animals and birds have become extinct
3 Protection afforded to wild life in national parks and Sanctuaries needs to be
improved
4 Wild Birds and Animals Act 1912 has become outmoded.
5 State laws outdated and provide punishment not commensurate with the
offences.
6 Existing laws relate to only hunting and do not address offences like Texidery,
Trade off in wildlife and products derived there from
7 Existing laws neither adequate nor satisfactory

10. Environmental Legislations
Wild life protection Act
The Act seeks to
1 Constitute Wild life Board for each State.
2 Regulate hunting of wild animal and birds.
3 Laydown procedures for declaring areas as Sancuaries and National Parks.
4 Regulate posession, acquisition or transfer of, or trade in wild animals, animal articles,
trophies and Texidermy.
5 Provide penalties for Contravention of the Act.
5A Constitution of National Board for Wild Life

11. Environmental Legislations
Wild life protection Act
Functions of National Board Making recommendations on setting up of of
It shall be the duty of NB to promote the Sancuaries and National parks and on
conservation and development of wild restricting activities in these area.
life and forests by such measures as
it thinks fit. Carrying out or causing to be carried out
impact assesment of various projects and
activities on wild life and its habitat.
Without prejudice to the generality of
foregoing provision, the measures reffered
to therein may provide for : Receiving time to time progress made in the
field of wild life conservation and suggesting
ways to improve it.
Framing policies and advising on ways
and means of promoting wild life conservation Preparing and publishing status report on wild
and econtrolling poaching, illegal trade of wild life in country once in two years.
life and its products.

12. Environmental Legislations
Noise Pollution ( Regulation and Control) Rule 2000
Noise : An ingredient of noise mental imbalance besides affecting
pollution u/s 2(1) a of Air Act 1981 psychological health of human being.
Dictionary meaning : Loud confused Means defilement of atmosphere
or sense less sound, capable of due to sound.
causing physical and mental
discomfort. Prolonged exposure to noise levels
above 90 decibles can cause
Unwarranted and unrhythemic. permanent deafness.
Noise is slow agent of death. It causes
hearing impairment and

13. Environmental Legislations
Noise Pollution ( Regulation and Control) Rule 2000
Kinds : Industrial noise, Urban Noise, that prayers to be performed by
Rural Noise. disturbing the peace of another.
Maulana mufti syed V. State of WB Right to freedom of speech Article
and others: 19(1)(a) speech includes right of not
It can not be said that use of to speak and hear what you don’t
microphone and loud speakers in want.
"azaan " is integral and essential part Right to silence and not to be forced
of religion. to listen unwanted sounds.
Church of God (Full Gospel) in India V.
KKR Majestic : No religion prescribes

14. Environmental Legislations
Criminal Remedies
Sec 133 : Conditional order for disposal of any substance as is
removal of Nuisance . likely to occasion explosion or
There are certain categories of conflagration.
cases which can be addressed 3. Conduct of any trade or
under Sec 133 of the code. 1973 occupation, or the keeping of any
goods or merchandise, injurious to
health or physial comfort of the
1. The unlawful nuisance or community.
obstruction to any way, river or
channel, lawfully used by public 4. An unfenced tank, well or
excavation near apublic way or place.
or to a public place.
5. A dangerous animal requiring
2. Construction of any building or distruction, confinement or disposal.

15. Environmental Legislations
Criminal Remedies
When can be invoked and others.
In case of emergency where public When demolition of building
shall be put to great inconvenience justified :
and shall suffer an irreparable injury Dangerous condition and
if the enchroachment or nuisance is detorioration due to incassant rains.
not removed. Occupations or trades injurious to
Not invoked where obstruction or heath :
nuisance has been in existence for Trades which are themselves
a long period of time, but no legal bar injurious, no the trades in course of
as such. which public nuisance might be
Scope of section 133: Munciple committed.
council Ratlam V. Vardhichand

16. Environmental Legislations
Civil Remedies
Damages
 To abate nuisance : Cases relating to pollution covered by
a) Nuisance, b) Negligence, c) Strict liability.
Primary remedy is claim for damages. Covered under
Nominal damages
 Substantial damages To compensate fairly for injury suffered
Exemplary damages:
To compensate plaintiff and also to punish wrong doer in order to deter him for similar conduct in
future.

17. Environmental Legislations
Civil Remedies
Injunctions : Vital role in abating and d.) Perpetual OnjunctionTo prevent breach of
preventing pollution. Where a person who has obligation, existing in favour of applicant,
infringed or who is about to infringe the rights whether expressly or by implication and which
of another , he is restrained from pursuing may arise from :
such acts by way of injunctions. i) Contract
a) Restrictive : Eg . A person is restrained for ii) In the nature of trust
causing nuisance or to disturb some iii) Act complained of amounts to tort
other persons right of easement. or civil wrong,
b) Mandatory : Eg. Ordering defendant to take iv) may be any other legal obligation.
down or remove a wall or other construction.
Granted where damages do not provide
c.) Temporary Injunction : To maintain status adequate relief, or where purpose is to prevent
quo at a given date until trial on multiplicity of suit.
merit concludes. Perpetual injunction :
Only be granted by decree made at
hearing and merits of suit.

18. Environmental Legislations
Constitutional Provisions
Directive principles of state policy
Article 48A: The state shall endeavor to protect and improve the environment and to
safeguard the forests and wild life f the country.
Through PIL, or through a letter on basis of article 21, duty under article 48A can be enforced.
Cases: M.C.Mehta Vs. Union of India 1992
Tarun Vs. Union of India 1992
Satish Vs. State of Uttar Pradesh 1992
Fundamental Duties
Article 51A(g): To protect and improve natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures.

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