Environmental Law Module 2
Topic 1
Environment protection from international perspectives
1. Stockholm Conference (1972)
The first major international summit on the environment, the Stockholm Conference laid
the foundation for global environmental governance. It emphasized the
interdependence between humans and the environment and led to the creation of the
United Nations Environment Programme (UNEP). It adopted 26 principles, including
sovereign rights over natural resources and the responsibility to prevent transboundary
harm. It marked the beginning of environmental consciousness in international law and
influenced India’s Environment (Protection) Act, 1986.
2. Rio Declaration (1992)
Adopted at the Earth Summit in Rio de Janeiro, the Rio Declaration contains 27
principles to guide sustainable development. It introduced the Precautionary Principle,
Polluter Pays Principle, and emphasized public participation and environmental impact
assessments. It led to key legal instruments like the UNFCCC, CBD, and Agenda 21. The
Declaration reaffirmed the link between development and environment, influencing
Indian environmental jurisprudence.
3. Johannesburg Declaration (2002)
Adopted at the World Summit on Sustainable Development, the Johannesburg
Declaration reaffirmed the global commitment to sustainable development. It
emphasized poverty eradication, water and energy access, and biodiversity
conservation. It built upon the Rio Declaration and urged stronger implementation of
international agreements. It focused on the integration of economic, social, and
environmental dimensions of development, promoting partnerships between
governments, civil society, and private sector.
4. United Nations Framework Convention on Climate Change (UNFCCC)
The UNFCCC (1992) is a framework treaty to combat climate change by stabilizing
greenhouse gas (GHG) concentrations. It recognizes common but differentiated
responsibilities (CBDR) between developed and developing countries. It provides the
foundation for climate agreements like the Kyoto Protocol and Paris Agreement. India is
a party to the UNFCCC and submits regular national communications on emissions and
climate actions.
5. Kyoto Protocol (1997)
The Kyoto Protocol is an international treaty under the UNFCCC that set legally binding
emission reduction targets for developed countries. It introduced market-based
mechanisms like Clean Development Mechanism (CDM) to help countries meet targets
cost-effectively. India, as a developing country, had no mandatory targets but benefited
through CDM projects. The Protocol was a significant step in enforcing climate
commitments globally.
6. Montreal Protocol (1987)
The Montreal Protocol aims to phase out substances that deplete the ozone layer, such
as CFCs and halons. It is considered the most successful environmental treaty,
achieving near-universal ratification and significant recovery of the ozone layer. India
has implemented several phase-out programs under this treaty. It operates on scientific
consensus, financial support to developing countries, and a compliance mechanism.
7. Convention on Biological Diversity (CBD) (1992)
The CBD seeks to conserve biological diversity, promote sustainable use of its
components, and ensure fair benefit-sharing from genetic resources. It emphasizes
national sovereignty over biological resources and the need for traditional knowledge
protection. India enacted the Biological Diversity Act, 2002 to fulfill its obligations
under CBD. The treaty plays a critical role in preventing biodiversity loss and ensuring
ecological balance.
Topic 2
Environment Protection-Significant Concepts and Principles
1. Sustainable Development
Sustainable development means meeting present needs without compromising the
ability of future generations to meet theirs. Recognized in Vellore Citizens Welfare
Forum v. Union of India (1996), it balances economic growth with ecological
preservation. It is a guiding principle in Indian policy and law, influencing environmental
regulations, project clearances, and judicial decisions. It underpins all major
international environmental declarations, including the Rio Declaration and
Johannesburg Summit.
2. Polluter Pays Principle
This principle holds that the polluter must bear the cost of preventing and remedying
pollution. It was adopted in Indian Council for Enviro-Legal Action v. Union of India
(1996). The principle ensures that polluters are financially liable for environmental
degradation they cause, including compensation to victims and restoration of damaged
ecosystems. It deters careless industrial practices and is integrated into Indian
environmental policies and court rulings.
3. Precautionary Principle
The precautionary principle states that in cases of potential environmental harm, action
should be taken even if scientific certainty is lacking. Recognized in Vellore Citizens’
Welfare Forum v. Union of India (1996), it shifts the burden of proof to the polluter. It
promotes preventive over curative approaches and is widely applied in environmental
clearances, biodiversity conservation, and industrial licensing in India.
4. Environmental Impact Assessment (EIA)
EIA is a process to evaluate the environmental consequences of proposed industrial or
infrastructure projects before clearance. Mandated under the Environment (Protection)
Act, 1986, EIA helps in identifying, predicting, and mitigating harmful impacts. Public
consultation and expert appraisal are key components. EIA ensures environmentally
sound and sustainable development, balancing growth with ecological concerns.
5. Coastal Regulation Zone (CRZ) Notification / CG Notification
The CRZ Notification, issued by the Central Government under the Environment
Protection Act, 1986, regulates development along India’s coastline. It demarcates
coastal areas into zones and restricts certain activities to protect marine ecosystems,
livelihoods, and coastal heritage. Periodically updated (latest: CRZ Notification 2019), it
balances development needs with ecological preservation and disaster risk reduction.
6. Eco-mark Scheme
Launched in 1991 by the Ministry of Environment and Forests, the Eco-mark is a
government-certified label for environmentally friendly products. It helps consumers
identify goods that meet prescribed environmental criteria during production, use, and
disposal. The scheme covers a range of products, from soaps to paper, and promotes
sustainable consumption. It raises public awareness and encourages industries to
adopt green practices.
7. Intergenerational and Intragenerational Duty
Intergenerational equity refers to the duty to preserve environmental resources for
future generations. Intragenerational equity ensures fair access and distribution of
natural resources among current generations. Both are fundamental to sustainable
development and were highlighted in the Brundtland Report and Indian cases like State
of Himachal Pradesh v. Ganesh Wood Products (1995). They guide equitable policy-
making and environmental justice.
8. Public Trust Doctrine
The Public Trust Doctrine holds that natural resources like air, water, and forests are
held in trust by the State for public use and cannot be exploited for private gain.
Recognized in M.C. Mehta v. Kamal Nath (1997), this doctrine places a duty on the State
to protect these resources. It reinforces accountability and prevents environmental
misuse by private or commercial interests.
Case studies
1. Vellore Citizens Welfare Forum v. Union of India (1996)
Facts:
Vellore Citizens Welfare Forum filed a PIL against tanneries in Tamil Nadu discharging
untreated effluents into agricultural lands and water bodies.
Arguments:
• Petitioner: Claimed environmental pollution by tanneries violated
Article 21 (Right to Life).
• Respondents: Argued economic importance of the tanning industry.
Verdict:
The Supreme Court held that development must not compromise environmental
protection. It directed the closure of polluting units and mandated compensation and
remediation.
Principle:
The Court formally introduced the Precautionary Principle and Polluter Pays Principle
into Indian environmental jurisprudence. It declared Sustainable Development a part of
Article 21 and laid down that environmental protection is a constitutional duty of both
the state and industries.
2. Indian Council for Enviro-Legal Action v. Union of India (1996)
Facts:
The Indian Council filed a PIL against chemical industries in Bichhri, Rajasthan, for
causing soil and groundwater pollution through toxic waste discharge.
Arguments:
• Petitioner: Sought closure of polluting units and compensation for
environmental damage.
• Respondents: Claimed procedural lapses and challenged financial
liability.
Verdict:
The Supreme Court held the industries absolutely liable for environmental harm and
directed them to pay compensation and clean up the site.
Principle:
The Court reaffirmed Polluter Pays Principle and Absolute Liability, stating that
violators must bear full costs of restoration. It emphasized environmental restoration as
a legal obligation under Article 21.
3. State of Himachal Pradesh v. Ganesh Wood Products (1995)
Facts:
Ganesh Wood Products was granted a license to establish a wood-based industry near
forest areas in Himachal Pradesh. The license was challenged for violating forest
conservation norms.
Arguments:
• Petitioner (State): Defended the license as per existing policy.
• Respondents: Argued it would lead to deforestation and ecological
imbalance.
Verdict:
The Supreme Court cancelled the license, stressing that ecological balance cannot be
sacrificed for industrial gain.
Principle:
The Court applied the Precautionary Principle and upheld Intergenerational Equity,
recognizing forests as a vital environmental asset. It ruled that State action must ensure
long-term ecological sustainability.
M.C. Mehta v. Kamal Nath (1997)
Facts:
M.C. Mehta filed a PIL against a private company, Span Motels Pvt. Ltd., which was
alleged to have encroached upon forest land and diverted the course of the River Beas in
Himachal Pradesh to benefit its motel. The land was leased to the company when Kamal
Nath, the then Environment Minister, had links to it.
Arguments:
• Petitioner: Argued the action was illegal, environmentally harmful,
and violated public rights over natural resources.
• Respondents: Claimed the development was within legal permissions
and caused no significant harm.
Verdict:
The Supreme Court held that the lease and construction interfered with public
resources and directed restoration of the riverbed. Compensation and restoration costs
were imposed on the polluter.
Principle:
The Court invoked the Public Trust Doctrine, holding that natural resources like rivers
and forests are held by the State in trust for the public and cannot be allocated for
private use.
Key Points of the Brundtland Report:
1. Definition of Sustainable Development:
• Introduced the widely accepted definition:
“Development that meets the needs of the present without compromising the ability of
future generations to meet their own needs.”
2. Interdependence of Environment and Development:
• Emphasized that economic development and environmental
protection must go hand-in-hand.
3. Poverty and Environmental Degradation:
• Recognized poverty as a major cause and effect of environmental
problems; sustainable development must address both.
4. Global Cooperation Needed:
• Called for international cooperation to tackle transboundary
environmental issues like climate change, deforestation, and
pollution.
5. Role of Technology and Policy:
• Advocated for eco-friendly technologies and sustainable policies
in energy, industry, and agriculture.
6. Intergenerational Equity:
• Stressed fairness between present and future generations
regarding resource use.
7. Intragenerational Equity:
• Highlighted the need for equity among nations and people within
the same generation.
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The Brundtland Report laid the foundation for global environmental policy and led to the
Rio Earth Summit (1992) and key treaties like the UNFCCC and CBD.
