ENVIRONMENTAL LAW

Unit- 1
Environment
Environment:
The term 'environment' is derived from the French word 'environment' which means 'to
surround'. In literal sense the term 'environment' means surroundings.

Environment is a very complex phenomenon. It includes air, water, food, fire, land, space,
sunlight, temperature, wind, electricity, energy, heat, sound, ionic radiations etc. it also
includes Ecology, Ecosystem and Biosphere.

Thus, 'environment' means and includes air, water, land, fire and space and its
interrelationship with human beings, other living creatures, plants, micro-organisms and
property.

According to Section 2(a) of the Environment (Protection) Act, 1986 "The term 'Environment'
includes water, air and land, and the inter relationship which exists among and between water,
air and land along with human beings, other living creatures, plants, micro-organisms and
property.”

Components:
1. Biotic- animals, plants, micro-organisms and human beings.
2. Abiotic- Lithosphere(land), Atmosphere(air), Hydrosphere(water) and Biosphere.
There is also an energy component of the environment which includes solar energy, wind
energy, thermal energy, radiation etc.

Ecology:
The word ecology emerged from two Greek words: “Oikos” and “logos”. “Oikos” means “house”
or “estate,” and “logos” means “study.” Its literal meaning is the study of nature’s home or
family. The term was coined by Ernst Haeckel in 1866, however it was first introduced by Hans
Reiter in 1885.
Ernst Haeckel (1866- 1870)explained about ecology in the following way: Ecology is a body
of knowledge concerning the relations of organism, both to its inorganic and to its organic
environment; including friendly and inimical relation with those animals and plants with which
it comes in contact with.
Ecology is “the scientific study of the connection between living creatures and their
environment”.

Ecosystem:
Ecosystem, the complex of living organisms, their physical environment, and all their
interrelationships in a particular unit of space.
An ecosystem can be defined as a biological system that consists of all the living organisms
(plants and animals) in an area as well as the nonliving things with which the organisms
interact.
In an ecosystem, all the components are interdependent on each other.
 Pollution
Pollution:
Pollution, the addition of any substance (solid, liquid, or gas) or any form of energy (such as
heat, sound, or radioactivity) to the environment at a rate faster than it can be dispersed,
diluted, decomposed, recycled, or stored in some harmless form.
The major kinds of pollution, usually classified by environment, are air pollution, water pollution,
and land pollution. Modern society is also concerned about specific types of pollutants, such
as noise pollution, light pollution, and plastic pollution. Pollution of all kinds can have negative
effects on the environment and wildlife and often impacts human health and well-being.

According to section 2(b) of the Environment(protection) Act, 1986 “environmental pollutant”

means any solid liquid or gaseous substance present in such concentration as maybe or tend
to be injurious to environment.

According to section 2(c) of the Environment(protection) Act, 1986 “environmental pollution” means
the presence in the environment of any environmental pollutant.
Causes:
1. Natural causes- Natural causes refer to the sources of pollution that arise from the
activities of natural agents, such as floods, cyclones, earthquakes, hurricanes,
droughts, epidemics, and other similar phenomena.
2. Man made causes- Man-made causes of pollution emanate from human activities,
encompassing a range of anthropogenic factors like industrial emissions, deforestation,
vehicular exhaust, improper waste disposal, and the use of harmful chemicals.

Kinds of pollution:

Air Pollution:
In the contemporary world, air pollution emerges as a significant challenge. The air we inhale
becomes tainted with emissions from industrial chimneys and vehicles, releasing gases like
carbon dioxide, carbon monoxide, and sulphur dioxide. These substances combine with the
air, posing substantial threats to human health, vegetation, and fauna. Domestic fuels in
villages, such as dry farm waste, dry grass, leaves, and coal, also release hazardous fumes.
An excess of sulphur dioxide in the air can lead to the occurrence of acid rain.

Primary sources of air pollution include:

Emissions from automobiles

Industrial air pollution
Burning of garbage
Kilns used for brick production
Indoor air pollution
Decomposed animals and vegetation
Radioactive elements

Water Pollution:
Water pollution stands out as a paramount environmental issue. Insufficient processing of
waste products from industries and untreated sewage discharge into rivers and water bodies
result in water contamination. Agricultural practices employing excessive fertilizers and
pesticides further contribute to the pollution of water bodies.

Main sources of water pollution encompass:

Sea transportation
Industrial waste disposal in seas and oceans
Disposal of radioactive materials in seawater
Riverborne sewage discharge into the sea
Offshore oil rigs
Recreational activities
Agricultural runoff containing contaminants

Soil or Land Pollution:

Land pollution arises from the accumulation of solid waste, non-biodegradable materials, and
hazardous chemical compounds on open land. Improper disposal of plastics, polythene,
bottles, and animal carcasses exacerbates the issue, leading to soil infertility and various
diseases in humans and animals.

Primary causes of soil pollution include:

Industrial waste
Urban and household waste in cities
Chemical-laden fertilizers
Medical and biomedical waste
Pesticides

Noise Pollution:
With the global increase in population, urbanization, and industrialization, noise pollution has
become a pressing concern affecting people's well-being and daily comfort. Sources of noise
pollution encompass machine sounds in factories, vehicle horns, loudspeakers, and various
activities associated with construction sites.

Main sources of noise pollution include:

Machine sounds from factories and industries
Vehicle horns and loudspeakers
Construction activities such as blasting, drilling, and the operation of heavy machinery.

Ancient Indian philosophy relating to environment protection.

Exploring Hindu mythology and ancient texts like the Vedas, Puranas, and Upanishads reveals
a rich understanding of the importance of trees, plants, and wildlife in the lives of people. For
instance, the Yajnavalkya Smriti discouraged tree cutting by imposing punishments for such
actions. The Arthashastra by Kautilya during the Mauryan period acknowledged the need for
forest management, while Ashoka's 5th Pillar Edict emphasized the well-being of creatures in
the state. Evidence from Mohenjadaro and Harappa civilizations supports the idea that ancient
societies lived in harmony with the environment. In essence, the Hindu society was aware of
the harmful environmental impacts of deforestation and the extinction of animal species.

Vedic literature, dating back to around 2000 BC, emphasizes the interconnected balance
between humans, nature, and the divine. Natural forces are seen as expressions of the divine,
and the Vedas instruct people not to pollute the environment. The Rig Veda mentions the
universe's five basic elements—Earth, Water, Air, Fire, and Space—and emphasizes the
importance of conserving them for all living things. The Yajur Veda emphasizes the need for
peace and harmony with all components of the earth. According to the Atharvana Veda, the
earth is regarded as a mother, and its resources should not be degraded. Water, seen as the
mother's milk, supports life and symbolizes purity in numerous ways. The Vedas instruct the
knowledgeable to maintain an environment free from impurities through Yagnas, sacrificial
fires that serve as a medium to connect humans with natural forces or Devatas. Yagnas are
performed to worship these deities, purify the air, and promote a healthy environment. The
wise are encouraged to dedicate their lives to Yagnas, thereby balancing human interests with
the well-being of nature.
The literature of olden times preached in one form or the other a worshipful attitude towards
plants, trees, mother earth, sky(aakash), air(vayu), water(jal) and animals and to keep a
benevolent attitude towards them. It was regarded as a sacred duty of every person to protect
them. The Hindu religion enshrined a respect for nature, environmental harmony and
conservation. It instructed men to show reverence for the presence of divinity in nature.
Therefore, trees, animals, hills, mountains, rivers are worshiped as symbols of reverence to
these representative samples of nature.

The Atharvaveda talks about the relation of plants and Earth "the Earth is keeper of creation,
container of forests trees and herbs" and "the plants are life forms" it also maintains that one
tree is equal to 10 sons.

Manusmriti, known as the first systematic treatise on Hindu law, has prescribed various
punishments for destroying trees and plants. Charaka Sanitha has considered the destruction
of forests as the most dangerous act for humanity and its welfare.

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Sources:
1. Britanica.com
2. egyankosh.ac.in
3. Environmental Law by S.C. Shastri
4. Text book on Environmental Law by Bhagyashree A. Deshpandey