Unit I - Environmental Law - Dr. Ghazala Abidin.pptx

ENVIRONMENTAL STUDIES AND
ENVIRONMENTAL LAWS
UNIT I
ENVIRONMENTAL PROTECTION: INTERNATIONAL
AND NATIONAL PERSPECTIVE
Topic 1.1
Introduction
Meaning of Environment
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 1

To acquaint the students with the
meaning of environment and
various environmental issues.
UNIT I – OBJECTIVES
12/15/2023 2

SUGGESTED READINGS
• Shyam Diwan & Armin Rosencranz, Environmental Law and
Policy in India, Oxford University Press, 2nd Edition, 2001.
• P. Leelakrishnan, Environmental Law in India, Lexis Nexis,
3rd Edition, 2008
• S. C. Shastri, Environmental Law, Eastern Book Company, 4th
Edition, 2012
• Gurdip Singh, Environmental Law in India, MacMillan
Publisher, 2005
• Sneh Lata Verma, Environmental Problems: Awareness and
Attitude, Academic Excellence Publishers & Distributors,
Delhi, 2007
• Benny Joseph, Environment Studies, Tata McGraw Hill, New
Delhi, 2009
• P.S. Jaswal and Nishtha Jaswal, Environmental Law,
Allahabad Law Agency Law Publishers, Third Edition 2009.
12/15/2023 3

INTRODUCTION
• Increasing population and ever increasing desire of human beings to raise
their standard of living has led to technological advancements of all kinds.
• Advancements have increased the pressure on our resources.
• In TN Godavarman v. Union of India, the SC noted that technological
advancements have given mankind a free hand in exploiting natural
resources without regard for ecological concerns. Industrialization and
urbanization have led to uncontrolled deforestation. They have given rise
to problems of insanitation, waste disposal, and housing, availability of
potable water, air pollution, and acid rain.
• This has led to environmental degradation.
• The term environment has been derived from the term ‘environ’, which
means ‘to surround’ Thus, etymologically environment means
‘surrounding conditions, circumstances affecting people’s life’.
12/15/2023 4

DEFINITION OF ENVIRONMENT
• Section 2(a) of the Environmental Protection Act, 1986
defines ‘Environment’.
• As per the above mentioned provision, ‘Environment’
includes water, air and land and the inter-relationship
which exists among and between, water, air, land, and
human beings, other living creatures, plants,
microorganisms and property.
• Similar definition is given under Section 2(1)(c) of the
National Green Tribunal Act 2010.
• Besides physical and biological aspects, the environment
embraces the social, economic, political, cultural and
several other aspects. According to Einstein, “the
environment is everything that isn’t me”.
12/15/2023 5

COMPONENTS OF ENVIRONMENT
12/15/2023 6

JUDICIAL INTERPRETATION
TN Godavarman v. UOI, The SC observed
that environment is an amalgamation of
various factors surrounding an organism that
interact not only with the organism but also
among themselves.
It means the aggregate of all external
conditions and influences affecting life and
development of organs of human beings,
animals and plants.
12/15/2023 7

ENVIRONMENTAL LAWS
UNIT I
Topic 1.2
Environment Pollutant/Pollution –
Meaning and Issues
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 8

ENVIRONMENTAL POLLUTANT
Defined under Section 2(b) of the
Environment (Protection) Act, 1986
Definition - ‘Environmental Pollutant’
means any solid, liquid or gaseous
substance present in such concentration as
may be, or tend to be injurious to
environment.
12/15/2023 9

ENVIRONMENTAL POLLUTANT –
DIAGRAMATIC REPRESENTATION
12/15/2023 10

Defined under Section 2 (c) of
Environment (Protection) Act, 1986
Definition – “Environmental Pollution”
means the presence in the environment
of any environment pollutants.
ENVIRONMENTAL POLLUTION
12/15/2023 11

• WATER POLLUTANT - As per Section 2(e) of The Water
(Prevention and Control of Pollution) Act, 1974, “Water
Pollutant” means such or such contamination of water or such
alteration of the physical, chemical or biological properties of
water or such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water (whether
directly or indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious to public health or safety,
or to domestic, commercial, industrial, agricultural or other
legitimate uses, or to the life and health of animals or plants or of
aquatic organisms.
• AIR POLLUTANT - According to Section 2(a) of The Air
(Prevention and Control of Pollution) Act, 1981, “air
pollutant” means any solid, liquid or gaseous substance
[(including noise)] present in the atmosphere in such
concentration as may be or tend to be injurious to human beings
or other living creatures or plants or property or environment.
12/15/2023 12

Pollution is the introduction of waste matter or
surplus of energy in the environment by man
which leads to an adverse impact resulting in
lesser usage. It can be classified into two
categories:
12/15/2023 14

ENVIRONMENTAL LAWS
UNIT I
Topic 1.3
Constitutional Guidelines - Right to
Wholesome Environment: Evolution and
Application
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 15

RIGHT TO WHOLESOME ENVIRONMENT:
EVOLUTION AND APPLICATION
Development of environment protection in India can be analyzed in 2
phases -
• Pre 1972 phase
• Post 1972 phase
Pre 1972 Phase – During this era, there were no precise and definitive
environmental policies and the planning commission did not attempt to
develop any policies for environment protection in India. Article 21 was
interpreted narrowly and did not include the right to a pollution-free
environment.
Post 1972 Phase - However, this changed after the United Nations
Conference on the Human Environment, Stockholm, 1972 in which the
Declaration on the Human environment was devised. This was the
beginning of an environmental movement in not only India but all over
the world. Via 42nd Constitutional amendment 1976, Article 48A and
51A(g) was added to the Indian Constitution.
12/15/2023 16

Within quintuple years of Stockholm Declaration, Constitution
of India was amended to incorporate protection and
improvement of Environment as constitutional mandate.
And the Constitution was amended by 42nd amendment in
1976 and by these amendment Directive principals of State
policy has been introduced U/A 48A.
The protection and enrichment of environment is now a
fundamental duty as per Article 51A, under Constitution Act of
1976.
Govt. of India has found out a National Committee on
Environmental Planning and coordination. By this committee
several programs like cleaning of rivers including Ganga and
Yamuna .And finally in 1986 government enacted the
Environment Protection Act.
12/15/2023 17

• The relationship between man and his environment is
undergoing profound changes in the wake of modern scientific
and technological developments.
• In India, from time to time various laws have been enacted for
the protection of the environment, flora, and fauna.
• Indian Constitution is the first Constitution in the world which
contains specific provisions for the protection and improvement of
the environment.
• In India, in view of the various constitutional provisions and
other statutory provisions contained in various laws relating to
environmental protection, the Supreme Court has held that the
essential feature of “sustainable development” such as
the “Precautionary Principle” and the “Polluter Pays
Principle” are part of Environmental law of the Country. (Vellore
citizen’s welfare forum v. UOI, 1995 (5) SCC 647 at 658).
12/15/2023 18

Sustainable development can be defined as an approach to the economic
development of a country without compromising with the quality of the
environment for future generations. (quality of environment should be
maintained, resources should not be exploited etc..)In the name of economic
development, the price of environmental damage is paid in the form of land
degradation, soil erosion, air and water pollution, deforestation, etc. This
damage may surpass the advantages of having more quality output of goods
and services.
Sustainable Development Goals
• To promote the kind of development that minimizes environmental
problems.
• To meet the needs of the existing generation without compromising with the
quality of the environment for future generations.
Achieving Sustainable Development
Sustainable development can be achieved if we follow the following points:
•It can be achieved by restricting human activities.
•Technological development should be input effective and not input utilizing.
•.All types of pollution should be minimized.
•It can be achieved by sensible use of natural resources.
12/15/2023 19

Environment protection is the need of the hour to avoid environment
crisis/damage/degradation.
Reasons for Environmental Crisis
(1) Population explosion - The high rate of growth of population adversely affects
the environment. It increases the demand for environmental resources, but their
supply is limited. This results in overuse and misuse of resources.
(2) Rise in economic activity - The rise in economic growth results in affluent
consumption and production of goods and services. It generates wastes that are
beyond the absorptive capacity of the environment.
(3) Rapid industrialization- Rapid industrialization has led to deforestation, and
depletion of natural resources. It leads to contamination of water due to the
accumulation of increasing quantity of toxic substances and industrial wastes in the
water bodies.
(4) Urbanization - A large migration of population from rural to urban areas
results in the fast growth of slum areas. It leads to the excess burden on the existing
infrastructural activities.
(5) Deforestation - Deforestation refers to cutting down of trees, clearing forest,
etc. It adversely affects the environment and causes other problems.
(6) Increased use of insecticides, pesticides, and chemical fertilizers - Farmers
and workers suffer health problems due to the increased use of poisonous
insecticides, pesticides, and chemical fertilizers.The crop generated also contains
chemical elements in it.
12/15/2023 20

ENVIRONMENTAL LAWS
UNIT I
Topic 1.4
Constitutional Guidelines – Relevant Provisions
Art. 14, 19 (1) (g), 21, 48-A, 51-A(g)
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 21

CONSTITUTIONAL
PROVISIONS ON
ENVIRONMENTAL
LAW
1
Preamble
2
The Seventh
Schedule
3
State’s
Obligation to
Protect
Environment
(Art. 48A)
4
Citizen’s
Obligation to
Protect
Environment
Art. 51A (g)
5
Right to Life
and
Environment
Protection
(Art.21)
6
Right to Equality
and
Environment
Protection
(Art. 14)
7
Freedom of
Trade and
Commerce and
Environment
[Art. 19(1)(g)]
12/15/2023 22

1. PREAMBLE OF THE CONSTITUTION OF INDIA
• The word ‘Socialist’ in the Preamble expresses that India focuses on social
development, harmony, and protection of every citizen.
• Aim is to deal and solve social problems first, rather than concentrating on
individual problems. Here, what is in the interest of the public is of utmost
importance.
• The State and every citizen has the responsibility to protect and prevent
degradation of the environment.
• Presence of pollutants in the atmosphere in excess of the prescribed limit is
one of the major social issues to be given due regard. It is not only exploiting
the health of living beings but is also degrading the quality of the environment
in each day.
•The basic aim of Preamble is socialism and it is the responsibility of the state
to fulfil this by taking stringent measures to make the environment free from
all forms of pollution. The obligation of the state further includes providing
not only a pollution free environment but also a decent standard of living to all
living beings.
12/15/2023 23

• 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
crucial in each day of life because ignoring it would pose a serious threat
to the environment at large.
• The state has the duty to comply with all the provisions and since India
is declared to be the Democratic Republic, the citizens of this country
hold a very essential right to have looked upon the conduct of the state
and provisions being taken by the government from time to time to
restore the environment.
12/15/2023 24

2. THE SEVENTH SCHEDULE
The Seventh Schedule empowers the Central and State Governments
to protect the environment and ensure sustainable development.
These powers are listed in the Union list, State list and Concurrent
list.
List I – Union List – 97 subjects – Parliament is empowered to
legislate.
Environmental Subjects –
• atomic energy and mineral resources;
• regulation and development of interstate rivers and river valleys;
highways;
• shipping and navigation in national highways; major ports;
airways, aircraft and air navigation;
• regulation of mines and mineral development;
• development of oil fields etc.
12/15/2023 25

List II – State List – 66 subjects - State legislature is
empowered to legislate
Environmental subjects –
• public health and sanitation;
• agriculture;
• communication;
• preservation, protection and improvement of stock and
prevention of animal diseases; water; land; etc.
12/15/2023 26

List III – Concurrent List – 52 subjects - Both,
Parliament and State legislatures are empowered to
legislate.
Environmental subjects –
• Forests
• Protection of wild animals
• Mines and mineral development
• Population control
• Family planning
• Minor ports
• Factories
• Electricity
12/15/2023 27

3. STATE’S OBLIGATION TO PROTECT
ENVIRONMENT – Article 48A
Environmental protection and improvement were
explicitly incorporated into the Constitution by the
Constitution (Forty- Second Amendment) Act of 1976.
Article 48A was added to the Directive Principles of
State Policy. It declares: ‘The State shall endeavor to
protect and improve the environment and to safeguard
the forest and wildlife of the country.’
This article imposed duty on state to guard the
environment from pollution by adopting various
measures.
12/15/2023 28

• Article 48-A was incorporated to ensure Fundamental Rights of
the citizens guaranteed under Articles 14 and 21 for a healthy
environment.
• By inserting this Article in the Constitution of India, the State
can be held directly liable for the violation of Fundamental
Rights of citizens relating to the environment, which was not
possible before.
• Article 48A has imposed duty on state to guard the
environment from pollution by adopting various measures.
• Hamid Khan v. State of Madhya Pradesh (1996) - There was
negligence on the part of the State in supplying water from
hand pumps. Due to such negligence, colossal damage was
caused to the people in the locality. On the basis of Article
48A, the court held that the State is liable for not performing its
duty.
12/15/2023 29

Sher Singh v. State of H.P, 2014
“The general people of the country have a fundamental
right to a sustaining, virtuous and clean-living environment.
The Constitution of India, in terms of Article 48A mandates
that the state is under a constitutional obligation to
safeguard and develop the environment and to safeguard the
forest, jungle and wild life in the country. By 42nd
Amendment to the Constitution, the Parliament, with an
object of sensitizing the citizens of their duty, incorporated
Article 51A in the Constitution.”
12/15/2023 30

Projects/Schemes taken by Government of India to protect
Environment:
These are few projects or Schemes introduced by Govt. of India in recent
days to protect Environment.
1. Namami Ganga Program:
In June 2014 with a budget outlay of Rs-20,000/- Crore , Govt. of India
accomplish the Twin Projects of abetment of pollution, conservation and
rejuvenation of National River Ganga.
There are four pillars of this project:
Sewage treatment infrastructure
River Surface cleaning
Afforestation
Industrial Effluent Monitoring.
12/15/2023 31

2. Green Skill Development Programme:
It's an ingenuity of Ministry of Environment, Forest and Climate Change
(MOEF &CC) for Skill development in the ‘environment and forest sector’
to enable India's youth to get specialized and self-employment.
3. Swachh Bharat Abhiyan:
On 2nd October 2019 Govt. of India launched Swachh Bharat
Mission throughout the India. It is the most significant cleanness campaign
by the Govt. of India. Govt. urged people from different sections of the
Society to come forward and join this mass movement of cleanness.
12/15/2023 32

4. CITIZEN’S OBLIGATION TO PROTECT
ENVIRONMENT - Article 51(A)(g)
Article 51A - Fundamental duties.—
51A(g) - to protect and improve the natural environment including forests,
lakes, rivers and wildlife and having compassion for living creatures.
The Supreme Court of India has observed in many cases that “we must
protect and improve the environment.” Adding to this it was observed that
under A.51A (g) it is a fundamental duty to balance the environment.
A.51A (g) is the boon for the protection of the environment. But people
have to understand their duty, they have to know how boon can be used for
protection.
T.N. Godavarman Thirumulpad v. Union of India & Ors. (2002)
The Court held that the Articles 48A and 51A (g) laid down the
jurisprudence of environmental law, stating that “Today, the State and the
citizens are under an obligation to protect and improve the environment,
including forests, lakes, rivers and to have compassion for living creature.
12/15/2023 33

12/15/2023 34
L. K. Koolwal v. State of Rajasthan, AIR [1988] Raj (HC).
The high court of Rajasthan has examined the scope of A. 51A (g). The
municipal authority has failed to do their duty like “to clean public
street, nuisances, garbage, etc.” Thus petitioner filed a petition under
A.226 of the Constitution in High Court as the municipality has failed to
do their primary duty. It results in hygiene problems in the city. Thus
the Court explained the true scope of the A.51A in the judgment. Court
held that “A.51A gives the right of the citizen to move to the Court if
state is negligent towards its duty. Citizens have a right to move to the
Court for the enforcement of the duty cast on State instrumentalities,
agencies, departments, local bodies and statutory authorities created
under the peculiar law of the State.
Charan Lal Sahu v Union of India
SC has held that Article51A (g) protects right to life, pollution-free air
and water, and liberty and it is the primary duty of the state to fulfill it.
The state must take essential steps for the same.

5. RIGHT TO LIFE AND ENVIRONMENT
PROTECTION - ARTICLE 21
Article 21 – Protection of Life and Personal Liberty: “No person shall
be deprived of his life or personal liberty except according to procedure
established by law.”
It was the case of Maneka Gandhi v. Union of India that heralded the
new era of judicial thought. The court started recognizing several
unarticulated liberties that were implied by Article 21 and during this
process, the Supreme Court interpreted, after some hesitation the right to
life and personal liberty to include the right to a wholesome
environment.
The conflict between development needs and environmental protection
has been the most controversial issue before the courts in deciding
environmental matters.
12/15/2023 35

Incidentally, the Rural Litigation and Entitlement Kendra & Ors
(1985) (Dehradun Quarries Case) that paved the way for the right to a
wholesome environment has also focused on this continuing conflict.
The judgment in Dehradun quarries case was passed under Article 32 of
the Constitution and involved the closure of some of the quarries on the
ground that their operation was upsetting the ecological balance of the area.
The indirect approval of the right to a humane and healthy environment by
the Supreme Court continued further in the Oleum gas leak case.
M.C. Mehta & Anr. v. Shri Ram Foods & Fertiliser Industries & others
(Oleum gas leak case) [AIR 1987 SC 965]
A gas disaster took place at Shri Ram Foods and fertiliser industries which
was a subsidiary of the Delhi Textile Mills. Ltd., on December 4th and 6th of
1985, causing death of one advocate and injury to several other people in the
incident. A prominent activist lawyer named M C Mehta filed a PIL under
Art. 32 of the Indian Constitution seeking closure for the industry since it
was engaged in manufacturing hazardous substances and being located in
densely populated area. The Hon’ble SC after considering the reports of the
inspection committees laid down certain principles.
12/15/2023 36

In V. Lakshmipathy v. State of Karnataka, the same issue came before
the High Court of Karnataka. The High Court held that once a development
plan had earmarked the area for residential purposes, the land was bound to
be put to such use only and must not be used for commercial purpose. Thus,
High Courts, it seems, were more enthusiastic and active in accepting and
declaring that ‘right to life’ in Article 21 includes ‘right to the environment’.
Damodar Rao v. S. ©. Municipal Corporation (1987) - Environmental
pollution is a violation of the Fundamental Right embodied under Article 21.
Charan Lal Sahu v. Union of India - The court in this case held that the
State has the responsibility to protect environmental rights of citizens vested
under Article 21, 48A and 51A (g).
Subhash v. State of Bihar (1991) The Supreme Court held that Article 14,
21 and51(g) are supposed to be read together.
12/15/2023 37

M.C. Mehta v. Kamalnath and Others (2000) (Span Motels Case)-
Supreme Court taking suo moto cognizance granted compensation to the
victims of environmental degradation for violation of Article 21.
It is a landmark case in Indian environmental law. The Supreme Court of
India held in this case that the Public Trust Doctrine and The Polluter Pays
Principle will be applied in India.
The Supreme Court in this case stated that the Public Trust Doctrine first
and foremost rests on the principle that the resources like air, sea, waters and
forests have such great significance to the people as a whole that it would be
unfair to make them a subject matter of private ownership. The court
observed that:
“As rivers, forests, minerals and such different resources constitute a
country’s normal riches. These resources are not to be misused and depleted
by any one era. Each era owes an obligation to every succeeding era to
create and save the normal resources of the country in the most ideal way. It
is in light of a legitimate concern for humanity. It is in light of a legitimate
concern for the country. Therefore, the Public Trust doctrine is a piece of
the rule that everyone must follow. The court additionally decided that there
is not any legitimate motivation to preclude the utilization of the Public
Trust Doctrine in all biological communities in India”.
12/15/2023 38

Doctrine of Public Trust
Doctrine of Pubic trust is an ancient legal doctrine which states that
certain common properties such as rivers, seashore, forests and the air
were held by Government in trusteeship for the free and unimpeded use
of the general public. Under the Roman law these resources were either
owned by no one or by everyone in common.
Public Trust Doctrine primarily rests on the principle that certain
resources like air, sea, water and the forests have such a great importance
to the people as a whole that it would be unjustified to make them a
subject of private ownership. The said resources being a gift of nature
should be made freely available to everyone irrespective of the status in
life.
12/15/2023 39

Article 14 - Equality before law - The State 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. Govt. may grant arbitrary
municipal permission for construction that are contrary to development
regulations. So the urban environmental groups often resort to Art. 14
to quash such arbitrary order.
Article 14 cast a duty upon the State to act fairly in case of any action
for the environmental protection. Also, the State should always
consider the protection of the environment and the prevention of
environmental pollution while making any decisions for development.
If the State is unable to do so, it is a violation of Article 14. This can be
challenged in the court of law.
6. RIGHT TO EQUALITY AND
ENVIRONMENT PROTECTION (ARTICLE 14)
12/15/2023 40

Article 19(1) (g) - to practice any profession, or to carry
on any occupation, trade or business.
Article 19(1) (g) provides for the Fundamental Right to carry
on any occupation, trade or business. But Article 19(6) also
provides for reasonable restriction. The State has power
under Article 19(6) to impose reasonable restrictions on any
occupation, trade or business which is likely to harm the
environment. This restriction works on the principle of
Sustainable Development.
In S. Jagannath v. Union of India (1996), the Apex Court
banned the Shrimp Farming by modern technology because it
was causing degradation of ecosystem, polluting ground
water, and reduction of plantation.
7. FREEDOM OF TRADE AND COMMERCE AND
ENVIRONMENT – ARTICLE 19(1)(g)
12/15/2023 41

Effect of Shrimp farming on environment
Shrimp farming is an aquaculture business that exists in either a
marine or freshwater environment,
producing shrimp or prawns (crustaceans of the
groups Caridea or Dendrobranchiata) for human consumption.
Destruction of Habitats.
Also, some aquifers that supply water to farms have been
contaminated with salt water. Some forms of shrimp farming
have had a devastating effect on mangroves around the world.
These mangroves are vital for wildlife and coastal fisheries, and
serve as buffers to the effects of storms.
12/15/2023 42

ENVIRONMENTAL LAWS
UNIT I
Topic 1.5
Environment Protection through Public Interest
Litigation
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 43

INTRODUCTION
• PIL stands for Public Interest Litigation, and as the name
implies, cases in this category are filed for the benefit of
society as a whole, i.e. the public interest.
• The notion of PIL was introduced in India in 1979, when
the court considered the rights of under-trial inmates and
their inhumane conditions in the case of Hussainara
Khatoon vs. Union of India.
• Justice P.N. Bhagwati played a significant role in
inventing the notion of PIL, and the people were given a
powerful weapon in the event of a breach of a public duty
that affects the public at large.
12/15/2023 44

• The word “PIL” first appeared in the United States in the
1970s. Various movements in that country contributed to public
awareness in the nineteenth century.
• In 1876, the first legal assistance office was created in New
York. The PIL movement began to receive financial backing
from the Office of Economic Opportunity in the 1960s.
• This motivated lawyers and public-spirited individuals to take
up cases of the underprivileged and fight against numerous
issues such as environmental hazards, public health hazards,
exploitation of vulnerable masses, consumer exploitation, and
unfairness to the weaker sections.
•PIL developed a name for itself in England during Lord
Denning’s tenure in the 1970s.
12/15/2023 45

ROLE OF PIL IN ENVIRONMENT PROTECTION
PIL on environmental damage may be filed in case of the
following –
• Causing Environmental Pollution in any manner that may
endanger the public.
• By disrespecting the poor’s basic human rights (HR violated).
For example, if a farmer’s farming land was taken away and he
was not properly compensated for it.
• Municipal corporations or panchayats failing to perform their
duties, such as failing to maintain local water and sanitation
services.
12/15/2023 46

• If there is a contradiction between religious rights and
environmental rights, an environmental issue will occur as a result.
For example, the use of loudspeakers in temples or mosques causes
noise pollution.
• PILs can be brought against both ‘public’ and ‘private’ entities that
are breaking environmental laws or creating environmental damage.
PIL is frequently used to address environmental concerns such as
pollution control, natural resource conservation, and sustainable
development.
• PIL promotes transparency and accountability in governance by
holding public officials accountable for their environmental
activities or inactions. PIL in environmental law has also aided in
raising public awareness of environmental challenges and citizens’
rights. PIL has given citizens the ability to take action against
environmental abuses and seek restitution from the courts.
12/15/2023 47

JUDGMENTS
The use of PIL has increased over time, and environmental
awareness has greatly increased the number of PILs
submitted each year. Some of the landmark cases in which
PIL was filed include:
Aarey Colony Case 2022
On March 15, the Commissioner granted permission to
Mumbai Metro Rail Corporation (MMRCL) to fell 177 trees.
The Apex Court imposed a penalty of Rs. 10 lakhs on
MMRCL for attempting to overreach the top court’s order
and felling more trees in the Aarey forest than was permitted.
SC allowed Mumbai Metro to cut 84 trees.
12/15/2023 48

Kalia Sethi and others vs. State of Odisha and others (2017)
The role of the National Green Tribunal in matters involving environmental
issues was discussed in this case. The High Court of Odisha ruled that the
National Green Tribunal was established to oversee environmental laws and
ensure that if there is a violation, it can take cognizance of the offence.
Judgement on environment protection.
Ratlam Municipal Council v. Shri Vardhichand & Others
Ratlam is a town in the Indian state of Madhya Pradesh. Some municipality
residents filed a complaint with the Sub-Divisional Magistrate stating that the
municipality is not installing suitable sewers, that there is stench and stink
created by the exertion of surrounding slum-dwellers, and that there was
nuisance to the petitioners. The Sub Divisional Magistrate of Ratlam district
directed the municipality to draft a competent development plan within six
months after the complaint made by Ratlam city residents (approved by the
High Court).
12/15/2023 49

Following that, the municipality filed an appeal with the Supreme Court of India,
claiming that it lacked the necessary financial support and funds to comply with the sub
divisional magistrate of Ratlam city’s directive. Respondents claimed that the Ratlam
City Municipality had failed to meet its obligations under the sub divisional magistrate
to protect public health, including failing to prevent pollution and other dangerous
waste from entering their residences. Respondents were concerned about pollution
generated by runoff from a nearby alcohol production, which resulted in malaria. The
Supreme Court directed the Ratlam Municipal Council to quickly implement an order
issued by the Sub Divisional Magistrate of Ratlam City to protect the region from
pollution generated by an alcohol plant leaking into the residents’ neighbouring areas.
The Supreme Court also ordered the municipal to take the necessary steps to fulfil their
obligation, including providing an adequate number of public washrooms for men and
women separately, as well as providing water supply and scavenging service in the
morning and evening to ensure proper sanitation. The court further mandated that these
duties be met within six months of the court’s order. The situation was caused by
private polluters and poor municipal development, and the Supreme Court ruled that a
pollution-free environment is an essential component of the right to life under Article
21. The Court further held that if the municipality feels the need for resources, it will
raise its demand from the State Government through elitist projects and request loans
from the State Government from the public health savings account to fulfil the resource
requirement for the implementation of the Court’s order.
12/15/2023 50

M.C. Mehta v. Union of India (Gas Leak In Shriram Factory); Supreme
Court of India.
Bhopal Gas Tragedy - In 1984, there was a leakage of hazardous gas (methyl
isocyanate) from Union Carbide Corporation India Limited, located in Bhopal,
Madhya Pradesh. This accident was dubbed the “World’s Worst Industrial
Disaster” because it took the lives of 2260 individuals and injured thousands
more in a variety of ways.
Oleum Gas Leakage - On December 1985, when the case was before the
Supreme Court, another gas tragedy occurred at Shri Ram Foods and Fertilizer
Industries (owned by Delhi Textile Mills Ltd.). One advocate was killed, and
numerous others were injured. Supreme Court Justice MC Mehta filed a “public
interest litigation” petition under Article 32 of the Constitution. Keeping in mind
the one-year-old massive gas disaster of Bhopal, the Supreme Court, through
P.N. Bhagwati, C.J., developed a new rule, “Absolute Liability,” in preference to
the 1868 rule of Strict Liability.
12/15/2023 51

Subhash Kumar v. Bihar State & Others; Supreme Court of India –
Subhash Kumar filed the case through PIL to prevent pollution of the water of the river
Bokaro caused by the discharge of sludge/slurry from the Tata Iron & Steel Co. Ltd.
The Petitioner claimed that the Water (Prevention and Control of Pollution) Act was
passed by Parliament in order to keep water clean and prevent pollution. The State
Pollution Control Board neglected to take action against the Company and allowed water
pollution, and instead of taking action, the State of Bihar is providing a lease on the
payment of royalty for slurry collection to various parties.
The right to a pollution-free environment was integrated under the heading of the right to
life, and all Indian Territory courts were required to uphold it. Article 21 declared public
health and ecology to be priority, and the Supreme Court ordered the formation of a green
bench. The State Pollution Control Board has granted permission to the Tata Iron & Steel
Co. to discharge effluents from their outlets. This permission was granted under Sections
25 and 26 of the Water Prevention and Control of Pollution Act of 1974. Before
approving the discharge of effluents into the Bokaro River, the State Pollution Controal
Board conducted an analysis and monitoring to ensure that the effluents created did not
pollute the river. The facts and pleadings on behalf of the Respondent made it clear that
there was no good reason to accept Petitioner’s contentions that the water of the Bokaro
River was polluted by the discharge of slurry/sludge from the respondent Company; on
the other hand, the bench found that the State Pollution Control Board took effective steps
to control pollution. As a result, the petition was denied.
12/15/2023 52

Conclusion
The courts have utilized public interest litigation as an
effective tool in dealing with matters involving
environmental issues. The courts must ensure that the use
of PIL for private purposes is not permitted because it
contradicts the concept’s core purpose. The most
significant feature of PILs is that they serve the general
public.
According to Article-51(g) of the Indian Constitution, it is
also the obligation of every citizen to care for the
environment and have compassion for living creatures.
When there is a violation of duty, PIL under Articles 32
and 226 must be invoked.
12/15/2023 53

ENVIRONMENTAL LAWS
UNIT I
Topic 1.6
Environmental Laws: India and International -
Law of Torts
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 54

INTRODUCTION
Pollution is a matter of global concern. The causes of
environmental pollution can be traced back to human
actions such as littering and contamination of the
environment by companies dealing with hazardous
substances. The actions of those causing pollution affect an
individual directly or indirectly. The acts of a person
should not interfere with the rights of others. To ensure
justice to those individuals who have suffered due to
environmental pollution, compensation is provided under
tort law.
12/15/2023 55

LAW OF TORTS AND ENVIRONMENTAL PROTECTION
The statute that exists against environmental pollution is
the Environmental Protection Act, 1986. This act was enacted after
the unfortunate and gruesome case called the Bhopal Gas Tragedy.
Although it appears that the Environment Protection Act is
sufficient to deal with the cases related to pollution of land, water,
and air etc. but essentially speaking the scope of the act is a bit
narrow. It basically implies that the act is just of a preventive
nature while the tort law also works as a remedial tool. The only
way victims of environmental pollution can seek justice is by
demanding compensation.
Furthermore, this act gives way to a loophole because the radical
approach to the system of locus standi (cause of action) is dissolved
by the requirement of a sixty-day notice which allows the offender
ample time to destroy all kinds of evidence on his part.
12/15/2023 56

Often, environmental pollution is caused by large companies (eg.
Chemical companies) that harm an individual and/or his property.
Since litigation is a very expensive process, it is hard for an
individual to take the protection of statutes. The protection of
statutes is not sufficient. For individual claims, tort law is a
preferable option as it focuses on providing damages to the injured
party. It remains effective even after so many years have passed
since independence.
Thus, tort law in addition to statutes provides a legal method to
acquire compensation when a person is harmed due to
environmental pollution caused by another.
But as we know that tort law can be used only when there is
personal damage to property or body. Environmental pollution
affects the environment at large, thus tort law can be used only
when there is environmental damage.
12/15/2023 57

12/15/2023 58
ENVIRONMENT POLLUTION UNDER THE
TORT LAW
Environmental pollution can be a part of tort law
under the following categories in India-
Nuisance
Trespass
Negligence
Strict Liability

TORT OF NUISANCE
• It is said that the deepest doctrinal roots of modern
environmental law are found in the common law
principles of nuisance.
• Nuisance is the unlawful interference with a person’s
use and enjoyment of his own land/property. It can be
attributed to any sort of disturbance that hampers
one’s ability to enjoy his space without hindrance.
• For a person to bring charges for the same, one must
prove that he is facing unnecessary disturbances. The
actions of the defendant have to be unreasonable in
order for an act to be considered as a nuisance.
12/15/2023 59

Nuisance can be of two types:
Public nuisance
Public nuisance is caused when the action of one affects
many individuals or affects a community at large. It is an act
or omission that affects the health, safety, and/or the
dignifiable standard of living of many people at once.
For example, in the cases of:
• Ram Lal vs Mustafabad Oil And Cotton Ginning(1968): It
was held that when the noise level crosses a certain threshold
value it should be considered as a public nuisance. It falls
under the category of noise pollution. It is a public nuisance
as it causes discomfort to many at once.
• It is important to note that it does not matter whether the
activity that caused harm was legal. The fact that it is causing
harm is enough to award compensation.
12/15/2023 60

Private nuisance
Private nuisance is caused when a person is harmed
individually. This can happen in two scenarios:
• The pollution causes harm to only an individual and
does not affect many people.
• The pollution caused harm to a group of people but
that person suffered additional harm individually
apart from the harm that is caused to everybody in
that group.
12/15/2023 61

• In cases of nuisance, to determine liability it is important to
look at two factors:
• Foreseeability: If the accident/incident was foreseeable and
could be prevented then the defendants are to be held liable.
Eg. In the case of- Overseas Tankship (U.K.) Ltd. v. Miller S.
S. Co. Pty.(1966) oil was spilt from the ships of the defendants
which caused a fire and caused harm to the plaintiffs. It
happened due to the carelessness of the defendants which
means that the incident was foreseeable/predict. The defendants
were held liable.
• Reasonableness: In nuisance cases, the burden of proving
unreasonableness is often difficult because the reasonableness
of the defendant’s conduct is determined by weighing its utility
against the gravity of harm to the plaintiff.
12/15/2023 62

TRESPASS
• Trespass is an unlawful interference with one’s property. Trespass is
entering someone’s property by breaching its boundaries without the
owner’s permission. Thus to claim trespass:
• Trespass is a direct offence. One has to show that somebody/ some
substance entered their property causing harm.
• The fact that trespass has to be a direct offence is an important factor
because it is the only point that distinguishes it from nuisance.
• Trespass has to be intentional in nature.
• It is also important to note that it is not necessary to show harm in cases
of trespass. It is only important to show that an object or a person entered
the plaintiff’s property without their permission.
• In the case of Fairview Farms, Inc. v. Reynolds Metals Company(1959),
there were airborne liquids and substances on the plaintiff’s property
which were considered to be trespass. The defendants were held liable
and an injunction was not provided because the defendants rectified their
position so that no further harm is caused.
12/15/2023 63

NEGLIGENCE
There are situations when an individual/company
fails to take reasonable care. Due to a lack of
exercise of due obligation and failure to fulfill their
duty to take care, the damage is caused to another
party. This act/omission to not take reasonable care
is called negligence.
12/15/2023 64

Care is an abstract term therefore, the question is: how do we
know if sufficient care was taken or not?
• To determine whether reasonable care was taken or not it is
important to know the degree of relation between the act of
negligence and the accident.
• It is important to know that if the party was truly not
negligent and had exercised care, then the said incident
would not have taken place. Thus, reasonable care has to
be determined by looking at the degree of damage caused.
• Reasonable care can only be exercised if the risk is known
and the harmful events could have been foreseen. Thus,
reasonable care will be measured with respect to the risk
taken and the degree of harm caused to the victims.
12/15/2023 65

• For example, the case of Hagy v. Allied Chemical & Dye
Corp(1953). In this case, the plaintiff blamed the defendant for
harm caused to her larynx (hollow muscular organ forming an
air passage to the lungs and holding the vocal cords in humans
and other mammals; or voice box). This harm according to her
was caused when she drove through a smog covered area with
her husband. This smog she said contained sulphuric acid
components that leaked from the defendant’s plant
negligently.
• In this case, it was difficult to establish a connection between
the injury and the negligent act. This was because the larynx
was cancerous and she would have to undergo surgery even if
she had not driven through the smog-filled area. As one can
safely interpret from the above explanation that since a
connection was not established between the act of negligence
and injury caused it was impossible to hold the defendants
liable.
12/15/2023 66

• Another aspect of negligence is that: Negligence overlaps
with the provision of nuisance. This can be seen in cases
where the negligent act extends for a long period of time
causing unlawful interference with one’s enjoyment of land
causing a nuisance. For example, in the case of Rylands v.
Fletcher(1868) if the negligent act allows the escape of a
non-natural and dangerous thing which the defendant has
brought on his land.
• In the case of Naresh Dutt Tyagi v. State of Uttar
Pradesh(1993), fumes released from the pesticides leaked to
a nearby property through ventilators that resulted in the
death of three children and foetus in a pregnant woman. It
was held by the court that it was a clear-cut case of
negligence.
12/15/2023 67

The upside of claiming negligence is that the defendants
have to prove to the court and convince the judge that their
actions/omissions were not negligent. It is up to the
defendants to prove that reasonable care was taken and all
preventive measures were in place to prevent a harmful
accident.
If the defendants fail to prove their innocence then
damages are provided to the plaintiffs. This way the tort
law also cautions major firms against not taking reasonable
care. Once damages are awarded in one case, to shut off
exposure to prosecution, companies start taking measures
to prevent environmental pollution which could cause harm
to someone’s life or property.
12/15/2023 68

• The concept provides that if a person brings on his land
and keeps some dangerous thing, and such a thing is
likely to cause some damage if it escapes then such
person will be answerable/liable for the damaged caused.
• The person from whose property such substance escaped
will be held accountable even when he hasn’t been
negligent in keeping the substance in his premises.
• The liability is imposed on him not because there is any
negligence on his part, but the substance kept on his
premises is hazardous and dangerous
12/15/2023 69
STRICT LIABILITY

• Tort law also constitutes the Doctrine of Strict Liability.
Strict liability means that a person has to show that he/she
did not voluntarily participate in the said incident as a result
of their own actions. The Doctrine of Strict Liability is also
known as liability without fault. A person who brings upon
himself perils through his own negligent actions is not
awarded damages.
• The downside of this is that the burden of proof rests on the
shoulders of the plaintiff. In environmental pollution-related
cases, it becomes very hard to prove and bring forward
evidence against the defendants. This doctrine was talked
about in detail in the case of Rylands v. Fletcher(1868).
• Due to its disadvantages, the principle of Absolute
Liability was developed.
12/15/2023 70

Essential to hold a person liable under Strict Liability are:
• Defendant brought something on his land: There is a difference between the
things that grow/occur naturally on land or the things which are artificial, in law.
The defendant must accumulate the things artificially into his/her land.
• Non-natural use of land: It means that there the land must be used for some
specific purpose. It is not used for some general purpose. As in Rylands v.
Fletcher case, the defendant got the reservoir constructed on his land. There was
no act or omission on his part but the water leaked from the reservoir. There is
the non-natural use of land. It is not ordinary use of land.
• Something likely to escape: The thing which is been brought into the land must
likely be able to escape and cause some damage to the other person. In such
case, the defendant will be liable if it happens so because it is the defendant's
duty to keep the thing away from others.
• Damage: There must be some damage caused to the other person due to the
escape of the thing which has been brought into the land of the defendant
artificially.
12/15/2023 71

Ryland v. Fletcher
F had a mill on his land, and to power the mill,
F built a reservoir on his land. Due to some
accident, the water from the reservoir flooded
the coal mines owned by R. Subsequently, R
filed a suit against F. The Court held that, “the
defendant built the reservoir at his risk, and in
course of it, if any accident happens then the
defendant will be liable for the accident and as
well as for the escape of the material.”
12/15/2023 72

ABSOLUTE LIABILITY
According to the rule of absolute liability, if any person
is engaged in an inherently dangerous or hazardous
activity, and if any harm is caused to any person due to
any accident which occurred during carrying out such
inherently dangerous and hazardous activity, then the
person who is carrying out such activity will be held
absolutely liable.
Note : The exception to the strict liability rule also
wouldn’t be considered (Default of the plaintiff,
Consent, Common benefit, Act of stranger, Act of God,
Statutory Authority).
12/15/2023 73

M.C. Mehta v. Union of India (Oleum Gas Leak Case)
• This case is considered a landmark judgment because the principle of
Absolute Liability was developed fully in this case.
• In this case, there was a leak of oleum gas from Shriram food and
fertilizers Ltd situated in Delhi. Oleum is a poisonous gas.
• The principle of absolute liability states that the liability in such cases is
not a function of defences under strict liability such as self participation,
act of god, etc.
• Absolute liability means an exceptional condition where the liability of
the accused party is so grave that no form of defence employed is
sufficient excuse for their non-performance of practicing reasonable care
and failing to recognize their duty towards the society and environment.
Absolute liability is especially important in cases when irreparable and
grievous harm is caused.
• In this case, the Deep Pocket theory was also formulated. This meant
that the larger the corporation is, larger will be the damages paid by them
to the hurt.
12/15/2023 74
LANDMARK JUDGMENTS

Union Carbide Corporation vs Union Of India Etc, 1989
(Bhopal Gas Tragedy)
• In this case many died in the city of Bhopal due to the leak of
Methyl Isocyanate gas. It caused the instant death of millions
of people who came in contact with the gas. The gas leak
polluted water and land of Bhopal which rendered the use of
two of the most essential substances for survival useless.
Since the land and water were polluted, generations suffered
and continue to suffer because of birth deformities.
• In this case, because such grievous harm was caused, India
realized the importance of checks and balances and enacted
the Environment Protection Act 1986. This case also opened
gates for the principle of absolute liability as the duty of care
and liability of the defendant was large and inexcusable. The
death of millions cannot be excused on the basis of any
defence.
12/15/2023 75

• Tort law can be used as a remedy for damages caused
due to environmental pollution.
• A close analysis leads us to safely interpret that the
scope of the tort of nuisance and negligence is far-
reaching.
• The two most gruesome incidents and landmark cases
that participated in the shaping of environmental
tortuous claims in India were caused due to negligence
on the defendant’s part.
• At that time, India was also experiencing massive
industrial changes that led to the setting up of many
companies that were in the business of hazardous
substances.
12/15/2023 76
CONCLUSION

Thus, it is safe to interpret that the evolution of tort law in
relation to environmental pollution has paved a pathway for
those who are harmed by the same to gain compensation.
It has also cautioned companies in the business of hazardous
substances towards their liability.
This evolution has made way for better administration of justice.
Further evolution of the principle of Absolute Liability (the only
part that is unique to the needs of India and has not been adopted
from English law) demands greater accountability and protects
rights through remedy/compensation.
It is accepted that threat to one’s life is a grievous crime and
cannot be excused under any circumstances.
12/15/2023 77

ENVIRONMENTAL LAWS
UNIT I
Topic 1.7
Law of crimes
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 78

ENVIRONMENT PROTECTION AND THE
LAW OF CRIMES
12/15/2023 79
There are various sections in the Indian Penal Code,
1860 that make polluting the environment punishable.
They can be used to prevent pollution in the
environment. Chapter XIV of the IPC, containing
Section 268-294-A, deals with the offences that are
related to safety, public health, etc. These provisions
make public health a priority and make any act
punishable which pollutes the environment and makes
the life of an individual dangerous.

SECTION 268
PUBLIC NUISANCE
12/15/2023 80
“A person is guilty of a public nuisance who does any
act or is guilty of an illegal omission which causes any
common injury, danger or annoyance to the public or to
the people in general who dwell or occupy property in
the vicinity, or which must necessarily cause injury,
obstruction, danger or annoyance to persons who may
have occasion to use any public right. A common
nuisance is not excused on the ground that it causes
some convenience or advantage”

12/15/2023 81
Acts which amount to Public Nuisance are –
Fireworks in the streets
Storing Explosives
Digging ditches on roads
Illegal liquor establishments
Harboring/keeping/providing shelter to vicious/violent
dogs
Unlicensed Medical Practitioners
Polluting the water streams
Obstructing Highways

12/15/2023 82
The power to stop the Public Nuisance is vested with the
magistrate as stated in Section 143 CrPC:-
“A District Magistrate or Sub-divisional Magistrate, or any
other Executive Magistrate empowered by the State
Government or the District Magistrate in this behalf, may
order any person not to repeat or continue a public nuisance,
as defined in the Indian Penal Code (45 of 1860), or any
special or local law”.
Also, the power is also vested in the court which may pass an
order to stop certain nuisance which causes Public Nuisance.
And can also order any compensation for treatment of the
said nuisance.

12/15/2023 83
Punishment in Public Nuisance is mentioned in Section
290 IPC
“Whoever commits a public nuisance in any case not
otherwise punishable by this code shall be punished with fine
which may extend to two hundred rupees.”
Also upon the gravity of situation court can order the
defendant to pay the charges to compensate the nuisance
caused or may order fine which will make the punishment
exemplary, so it is advised to enjoy the legal right of one
without breaching the rights of another. Independence is not
the enjoyment of rights unrestrained there cannot be an
enjoyment of the right which will harm another.

12/15/2023 84
In Ratlam Municipality v. Vardhi Chandra, Justice Krishna
Iyer observed: “public nuisance because of the pollutant
being discharged by big factories to the detriment of the
poorer sections, is a challenge to the social justice component
of the rule of law”.
In K Ramkrishnan v. the State of Kerala, the court held the
smoking in public places is an offence and the same shall
amount to public nuisance. It is punishable under Section 290
of the Indian Penal Code. Moreover, according to
the reports published by the World Health Organization
(WHO), carbon dioxide emission from cigarettes contributes
to almost 5% of the global greenhouse gas production.

Whoever voluntarily corrupts or fouls the water of any
public spring or reservoir, so as to render it less fit for
the purpose for which it is ordinarily used, shall be
punished with imprisonment of either description for a
term which may extend to three months, or with fine
which may extend to 1000 rupees, or with both.
SECTION 277
FOULING WATER OF PUBLIC SPRING OR
RESERVOIR
12/15/2023 85

Section 277 of IPC states that if anyone who voluntarily corrupts or
fouls the water of public spring or reservoir, so as to make it unfit for
ordinary public use, shall be held punishable with imprisonment for
up to 3 months or with fine up to Rs. 1000 or with both.
However, the interpretation of the term “public spring or reservoir”
by the Indian courts is quite restrictive as it does not include flowing
water of rivers, streams, and canals.
Fouling of running river water in a continuous stream is not an
offence under this provision, however, if there is sufficient evidence
to show that the act has caused common injury or danger to the
public then it can be an offence punishable under section 290.
In Emperor v. Nama Rama, the accused and nine others were charged
under this provision for fouling river water and making it unfit for
drinking by steeping therein aloe plants to extract fibres from it. The
trial Court convicted them. The Bombay High Court, after an appeal
was filed, held that a river is not a public spring as mentioned in
Section 277.
12/15/2023 86

According to Section 278, whoever voluntarily vitiates
(spoils) the atmosphere of any place so as to make it harmful
for any person’s health in a general dwelling, or carrying on
a business in a neighbourhood or passing along the public
way, shall be liable to a fine of up to Rs. 500.
SECTION 278
MAKING ATMOSPHERE NOXIOUS TO HEALTH
12/15/2023 87

CASE LAWS
12/15/2023 88
Indian Council For Enviro-Legal v. Union of India
In this case, Nakka Vagu, a freshwater stream, provided water for
irrigation to farmers to approx 14 villages adjacent to it. The
defendants indiscriminately set up 250 industries, not fulfilling the
condition of setting up water treatment plants, instead, it turned the
stream into a huge drain carrying industrial effluents. The Supreme
Court directed the industries to pay an amount of 20 million to the
farmers who have lost their crops and cattle because of air and water
pollution.
Ganges Pollution Case
In 1985, M.C Mehta filed a case against tannery industries in UP
which used to discharge their effluent waste in the Ganga. This case
marked the beginning of judgements made by the Supreme Court in
order to stop pollution of Ganga water by industries and
municipalities and closed down nearly 30 tanneries.

12/15/2023 89
Taj Mahal Case
In this case, the Supreme Court took into account the damage being
caused to the Taj Mahal by the emission of toxic fuel and was facing
a serious threat of acid rain. It asked coal and coke based industries
in Taj Trapezium (TTZ) to either change over to natural gas or
relocate outside TTZ. The court was conscious to understand that the
environment cannot be allowed to get damaged to such a level that it
becomes a health hazard for the residents of the area.
M.C Mehta v. Union of India (oleum gas leak case)
In this case, in December, 1985, gas leakage from Shriram Food and
Fertilizers in New Delhi, resulted in the death of 8 people. The
Supreme Court promulgated the rule of Absolute liability and held
that the companies that engage in dangerous substances owe a duty
of care and absolute towards the safety of the common public and
they cannot escape from liability.

Conclusion
Today, the uncontrolled use of natural resources is leading to their
depletion. Along with it, the environment is suffering from the
waste products it is being exposed to. Moreover, in such a situation
the general public, public bodies, state, and the central government
must understand the harm the developmental process has done to
our living environment as it is not only the duty of the government
but the citizens of the country are also bound by the responsibility of
protecting and preserving the environment.
For the success of local environmental laws, it is essential to create a
sense of civic awareness and public hygiene in the use of municipal
services such as roads, public squares, drainage, etc. Strict
compliance of the legal requirements is also required. Law is an
effective tool for obliging people to practice cleanliness and thus
fight pollution.
12/15/2023 90

ENVIRONMENTAL LAWS
UNIT I
Topic 1.8
Emergence of Environmental Legislations
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 91

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.
12/15/2023 92

• 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.
• Matsya Purana says:
Dashkoop samavaethi Dashvapi Samshadah
Dashhed samah Putra dash putra samo drama
(one pond=10 wells; one son=10 ponds; one tree=10 sons)
VEDIG AGE
12/15/2023 94

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
12/15/2023 95

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.
12/15/2023 96

THE BEGINNING
ROLE OF ECONOMIC AND SOCIAL
COUNCIL
• It was with the initiative of Economic and
Social Council UN conducted the conference
on Human Environment. The way the
environment was getting degraded it needed
immediate attention from almost all the
countries.
12/15/2023 97

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 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.
• For the first time the developed countries realized that they had
completely ignored the impact on the environment during their rapid
development.
• 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.
• The United Nations General Assembly laid down as many as 26
principles in the Conference held at Stockholm in 1972 .
12/15/2023 98

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”.
12/15/2023 99

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.
12/15/2023 100

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.
12/15/2023 101

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.
12/15/2023 102

• 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.
12/15/2023 103

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.
12/15/2023 104

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.
12/15/2023 105

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.
12/15/2023 106

• 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.
12/15/2023 107

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.
12/15/2023 108

• 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.
12/15/2023 109

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.
12/15/2023 110

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.
12/15/2023 111

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.
12/15/2023 112

• 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.
12/15/2023 113

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.
12/15/2023 116

• 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 TRIBUNAL ACT, 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.
12/15/2023 117

• 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.
COASTAL REGULATION ZONE (CRZ)
NOTIFICATION 2018
12/15/2023 118

• The Ozone-Depleting Substances (regulation and control)
rules, 2000:
It set deadlines for phasing out of various Ozone Depleting
Substances (ODSs) and regulating production, trade import,
and export of the product containing ODS.
These rules prohibit the use of CFCs, halons, ODSs such as
carbon tetrachloride and methyl chloroform, and SFC except in
metered-dose inhalers and for other medical purposes.
• The Energy Conservation Act, 2001:
It was enacted as a step towards improving energy efficiency
and reducing wastage. It specifies the energy consumption
standards for equipment and appliances.
It prescribes energy consumptions norms and standards for
consumers. It prescribes energy conservation building codes for
commercial buildings.
• Bureau of energy efficiency (BEE) is a statutory body
established under the Act.
12/15/2023 119

ENVIRONMENTAL LAWS
UNIT II
PREVENTION AND CONTROL OF WATER, AIR, NOISE
AND LAND POLLUTION
Topic 2.1
The Water (Prevention and Control of Pollution)
Act, 1974
Dr. Ghazala Abidin
Assistant Professor
DME Law School
g.abidin@dme.ac.in
12/15/2023 120

Unit I - Environmental Law - Dr. Ghazala Abidin.pptx

Recommended

Recommended

More Related Content

Similar to Unit I - Environmental Law - Dr. Ghazala Abidin.pptx

Similar to Unit I - Environmental Law - Dr. Ghazala Abidin.pptx (20)

Recently uploaded

Recently uploaded (20)

Unit I - Environmental Law - Dr. Ghazala Abidin.pptx