Environmental Law

MODULE-1

1.1. Environment, its components, and factors affecting the quality of environment including global warming, climate
change and kinds of pollution.

a. Definition:

According to Section 2(a) of the Environment (Protection) Act, 1986,

"Environment includes water, air, and land and the interrelationship which exists among and between water,
air, and land, and human beings, other living creatures, plants, microorganisms, and property."

b. Components of Environment :

Biotic Components:
 Flora and Fauna
 Human beings
 Microorganisms

Abiotic Components:

 Air
 Water
 Soil
 Climate and temperature

c. Factors Affecting Environmental Quality:

1. Pollution (Air, Water, Soil, Noise, etc.)

2. Deforestation and Loss of Biodiversity
3. Urbanization and Industrialization
4. Overpopulation
5. Improper Waste Disposal
6. Global Warming and Climate Change

d. Global Warming:

Global warming is the long-term rise in Earth's average surface temperature due to increased
concentrations of greenhouse gases like CO₂, CH₄, and N₂O.

 Effects:
 Melting glaciers
 Rising sea levels
 Extreme weather patterns
 Biodiversity loss

 Climate Change :
 Climate change refers to long-term shifts in temperature, precipitation, and other climate patterns on Earth.

 Causes :

 Emissions from vehicles and factories

 Deforestation
 Industrial activities

 Effects :

 More frequent natural disasters (floods, droughts)

 Shifts in agricultural productivity
 Health risks

 Type of Pollution :

1. Air Pollution
 Emission from vehicles and industries
 Burning fossil fuels

2. Water Pollution
 Industrial waste discharge into rivers
 Domestic sewage

3. Soil Pollution
 Use of pesticides and chemical fertilizers
 Dumping of solid waste

4. Noise Pollution
 Traffic and construction activities
 Industrial noise

 Relevant Case Law:

1. M.C. Mehta v. Union of India (Ganga Pollution Case):

Citation: AIR 1988 SC 1037

Issue: Industrial waste polluting River Ganga
Judgment: Supreme Court ordered closure of polluting tanneries and imposed strict waste
treatment norms.
Significance: Emphasized the polluter pays principle and the right to a clean environment
under Article 21.

2. Vellore Citizens’ Welfare Forum v. Union of India

Citation: AIR 1996 SC 2715
Issue: Pollution caused by tanneries in Tamil Nadu
Judgment: Introduced the Precautionary Principle and Polluter Pays Principle as part of
environmental law
Significance: First time SC laid down sustainable development as a legal principle.

1.2. Environmental law – Meaning and Purpose :

 a. Definition :

According to Section 2(a) of the Environment (Protection) Act, 1986,

"Environment includes water, air, and land and the interrelationship which exists among and between water,
air, and land, and human beings, other living creatures, plants, microorganisms, and property."

b. Meaning :

Environmental law refers to a body of legal statutes, regulations, treaties, conventions, and case law that are
designed to protect the environment from harm caused by human activities. It governs how individuals,
corporations, and governments interact with the natural environment and seeks to reduce pollution, manage
natural resources, and ensure sustainable development.

c. Purpose of Environmental Laws :

 Protection of Natural Resources:

To safeguard air, water, soil, flora, and fauna from degradation.

 Sustainable Development:
To balance economic growth with environmental protection, ensuring that future generations can
meet their needs.

 Pollution Control:
To regulate the release of pollutants and waste into the environment.

 Public Health and Safety:

To prevent environmental hazards that may harm human health.

 Conservation of Biodiversity:
To protect endangered species and maintain ecological balance.

 Public Participation and Environmental Justice:

To empower communities to take part in environmental decision-making and ensure that no group
bears disproportionate environmental burdens.

d. Relevant law case :

M.C. Mehta v. Union of India (1987) – Oleum Gas Leak Case :

 Facts: Leakage of oleum gas from a factory of Shriram Foods and Fertilizers Industries in Delhi caused harm to
people.
 Judgment: The Supreme Court established the principle of "Absolute Liability" for hazardous industries,
meaning such entities are fully liable for any damage caused, irrespective of negligence.
 Significance: Strengthened liability norms and emphasized the need for environmental safeguards in
industrial operations.

1.3. Constitutional Provisions relating to rights and duties of people and government Public Interest Litigation and
Judicial Activism.
a. Definition :

According to Section 2(a) of the Environment (Protection) Act, 1986,

"Environment includes water, air, and land and the interrelationship which exists among and between water,
air, and land, and human beings, other living creatures, plants, microorganisms, and property."

b. Main content :

1. Constitutional Provisions: Rights and Duties :

a. Fundamental Rights (Part III) :

 While the Constitution does not explicitly list the right to a clean environment as a
fundamental right, the Supreme Court has interpreted it as part of the Right to Life
under Article 21:
 Article 21: "No person shall be deprived of his life or personal liberty except according to
procedure established by law."
 Through various judgments (e.g., MC Mehta v. Union of India), the Supreme Court has
held that the right to life includes the right to a clean and healthy environment.

b. Directive Principles of State Policy (Part IV):

These principles guide the state in making laws and policies:

 Article 48A: "The State shall endeavor to protect and improve the environment and to
safeguard the forests and wildlife of the country."
 Article 39(b) talks about distributing material resources to serve the "common good."
→ This includes natural resources like forests, rivers, land, and minerals.
→ It implies these resources should not be exploited by a few individuals or companies
at the cost of environmental degradation.
 Article 39(c) prevents concentration of wealth and resources in a few hands.
→ If a few powerful entities control most natural resources, they might exploit them
irresponsibly, harming the environment and ignoring sustainability.

c. Fundamental Duties (Part IVA) :

 These duties apply to all citizens of India:

 Article 51A(g): "It shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wildlife, and to have compassion
for living creatures."

d. Other Relevant Provisions :

 Article 47: Imposes a duty on the State to improve public health, which is closely linked
to a clean environment.
 Article 243G (Eleventh Schedule): Empowers Panchayati Raj institutions to deal with
subjects like soil conservation, water management, and forest protection.

2. Public Interest Litigation (PIL) :

 PIL allows any individual or organization to file a petition in the interest of the public, especially those who
are unable to access the courts themselves. Introduced in the 1980s by Justice P.N. Bhagwati and Justice V.R.
Krishna Iyer to promote social justice and give voice to the marginalized.

Features :
 Locus standi relaxed (any public-spirited person can file).
 Can be filed for rights of the poor, bonded laborers, prisoners, etc.
 Can be filed in the High Court under Article 226 or Supreme Court under Article 32.

3. Judicial Activism :

Judicial activism refers to the proactive role of the judiciary in upholding constitutional values and
intervening in matters where the legislature or executive fails.

Mechanism :

 Interpreting laws creatively.

 Issuing guidelines where legislation is absent.
 Expanding the scope of Fundamental Rights.

Module 2 :

2.1 Environmental Protection from International Perspective :

A. Stockholm Conference

The 1972 Stockholm Conference, officially known as the United Nations Conference on the Human
Environment, was the first global meeting focused on environmental issues. It laid the foundation for
international cooperation in environmental protection.
The Stockholm Conference started a global conversation on environment and development. It led to the
idea of sustainable development, which remains central to international goals such as the Sustainable
Development Goals (SDGs).

 Purpose :

The main purpose of the Stockholm Conference (1972) was to make the world aware of growing
environmental problems and to encourage countries to work together to protect the environment. It
aimed to balance development with environmental care, especially in poorer countries. The
conference also set basic rules for all nations to follow and focused on solving global issues like
pollution and deforestation. Its goal was to protect the environment for both present and future
generations.

 Main Points :

 Key Provisions of the Stockholm Conference (1972):

The Stockholm Declaration contained 26 principles that set out the basis for environmental
governance. Here are some of the most important provisions and their relevance to India:

1. Principle 1: Human Right to a Healthy Environment

Provision: Man has the fundamental right to freedom, equality, and adequate conditions of life, in an
environment of a quality that permits a life of dignity and well-being.
 Importance in India: This principle laid the groundwork for the Right to a Healthy Environment being
recognized as part of the Right to Life under Article 21 of the Indian Constitution. The Indian judiciary
has reinforced this through landmark judgments.

2. Principle 2: Protection of Natural Resources

Provision: Natural resources must be safeguarded for the benefit of present and future generations.

Importance in India: Inspired the sustainable development approach in Indian environmental policies
and laws, such as the Environment Protection Act, 1986, and the Forest Conservation Act, 1980.

3. Principle 6: Pollution Control

Provision: The discharge of toxic substances must be controlled to prevent long-term or irreversible
damage to ecosystems.

Importance in India: Led to the establishment of Pollution Control Boards at the central and state
levels (CPCB & SPCBs), and enactment of laws like the Air (Prevention and Control of Pollution) Act,
1981 and the Water (Prevention and Control of Pollution) Act, 1974.

4. Principle 7: Prevention of Marine Pollution

Provision: States should take measures to prevent pollution of seas by substances that create hazards
to human health and marine life.

Importance in India: Influenced India’s marine pollution control measures, particularly in coastal
management and oil spill responses.

5. Principle 21: National Sovereignty and Environmental Responsibility

Provision: States have the sovereign right to exploit their resources, but also the responsibility not to
cause environmental damage to other states.

Importance in India: Reinforces India’s approach to balancing development with environmental

responsibility, such as in cross-border river pollution control and transboundary environmental
impacts.

6. Institutional Provisions
Provision: Creation of the United Nations Environment Programme (UNEP).

Importance in India: India became an active participant in UNEP-led initiatives and global
environmental dialogues, shaping its international and national environmental policy.

 Importance of the Stockholm Conference for India :

1. Legal Framework:

 Prompted the formulation of key environmental laws in India (e.g., Environment Protection Act,
1986).
 Influenced constitutional amendments (42nd Amendment, 1976) adding Article 48A (Directive
Principles) and Article 51A(g) (Fundamental Duty to protect the environment).

2. Institutional Development:

 Led to the establishment of the Ministry of Environment and Forests (now Ministry of
Environment, Forest and Climate Change).
 3. Public Awareness:

 Initiated public discourse on environmental protection, leading to movements like the Chipko
Movement.

4. Judicial Activism:

 Encouraged Indian courts to expand the scope of environmental rights under Public Interest
Litigation (PIL).

B. Rio Declaration :

The Rio Declaration on Environment and Development was adopted at the United Nations Conference on
Environment and Development (UNCED), also known as the Earth Summit, held in Rio de Janeiro, Brazil, in
1992. It comprises 27 principles aimed at guiding sustainable development globally. These principles have
greatly influenced environmental laws and policies in India, reinforcing the country’s commitment to
environmental protection.

Below is a summary of key provisions of the Rio Declaration and their importance in the Indian context:

🔹 Principle 1: Human-Centric Approach

Provision: Human beings are at the center of sustainable development.

Importance in India: Environmental policies focus on improving the quality of life for people, especially
vulnerable communities. Schemes like MNREGA integrate ecological restoration with livelihood.

🔹 Principle 2: Sovereignty Over Natural Resources

Provision: States have the right to exploit their own resources but must not cause environmental damage to
others.

Importance in India: Balances resource development (like mining and dam projects) with environmental
impact assessments (EIA) and precautionary measures.

🔹 Principle 3: Right to Development

Provision: The right to development must be fulfilled to equitably meet developmental and environmental
needs.

Importance in India: India emphasizes inclusive growth with environmental sustainability through policies like
National Action Plan on Climate Change (NAPCC).

🔹 Principle 4: Integration of Environment and Development

Provision: Environmental protection is an integral part of development.

Importance in India: Enforced through Environment Impact Assessment (EIA) rules and Sustainable
Development Goals (SDGs).

🔹 Principle 7: Common but Differentiated Responsibilities (CBDR)

Provision: Developed countries bear a greater responsibility due to their larger contribution to environmental
degradation.

Importance in India: India uses this principle in climate negotiations to seek equity in carbon emissions and
financial/technological support.
 🔹 Principle 10: Public Participation and Access to Information
Provision: States must facilitate access to information and participation in environmental matters.

Importance in India: Right to information under RTI Act, public hearings in EIA, and NGO activism promote
transparency.

🔹 Principle 11: Effective Environmental Legislation

Provision: Nations must enact effective laws for environmental protection.

Importance in India: Laws such as the Environment (Protection) Act, 1986, Air Act, 1981, and Water Act, 1974
were strengthened post-Rio.

🔹 Principle 15: Precautionary Principle

Provision: Lack of scientific certainty should not be used to postpone preventive environmental measures.

Importance in India: Recognized by Indian judiciary (e.g., Vellore Citizens Welfare Forum v. Union of India,
1996).

🔹 Principle 16: Polluter Pays Principle

Provision: Polluters should bear the cost of pollution.

Importance in India: Adopted in Indian legal system; used in cases like Indian Council for Enviro-Legal Action
v. Union of India (1996).

🔹 Principle 22: Indigenous People’s Rights

Provision: Indigenous communities have a vital role in environmental management.

Importance in India: Reflected in laws like Forest Rights Act, 2006, which recognizes tribal rights over forest
resources.

C. Johannesburg Declaration :

The Johannesburg Declaration on Sustainable Development was adopted at the World Summit on
Sustainable Development (WSSD) in Johannesburg, South Africa, in 2002. While it's a global declaration and
not specific to India, its principles have important implications for India's environmental policies and
sustainable development strategies.

Below are the key provisions of the Johannesburg Declaration and their importance in protecting the
environment in India:

1. Commitment to Sustainable Development

 Provision: Reaffirms global commitment to sustainable development, integrating economic
growth, social development, and environmental protection.

Importance for India:

 Guides India’s development strategies such as Sustainable Development Goals (SDGs).

 Encourages balancing rapid industrial growth with environmental conservation.

 Promotes inclusive growth in rural and urban areas.

2. Eradication of Poverty
  Provision: Emphasizes that poverty eradication is essential to sustainable development.

Importance for India:

 Directs focus on linking poverty alleviation with environmental protection.

 Promotes schemes like MGNREGA, which provides employment through activities such as water
conservation and afforestation.
 Reduces pressure on natural resources caused by poverty-driven exploitation.

3. Protection and Management of Natural Resources

 Provision: Stresses on protecting ecosystems and the sustainable use of natural resources.

Importance for India:

 Supports programs like National Action Plan on Climate Change (NAPCC).

 Encourages sustainable management of forests, rivers, and biodiversity (e.g., Project Tiger, Namami
Gange).
 Leads to stricter environmental regulations for industries and urban planning.

4. Role of Multilateralism and International Cooperation

 Provision: Calls for global cooperation and partnerships to address environmental and developmental
issues.

Importance for India:

 Facilitates technology transfer and financial assistance through international frameworks (e.g.,
UNFCCC, GEF).
 Strengthens India’s participation in global environmental governance.
 Helps India gain support for renewable energy and disaster management initiatives.

5. Responsibility of All Stakeholders

 Provision: Emphasizes that governments, civil society, and businesses all have roles in sustainable
development.

Importance for India:

 Encourages Public-Private Partnerships (PPPs) in areas like renewable energy and waste
management.
 Promotes community participation in conservation (e.g., Joint Forest Management).
 Involves NGOs and local bodies in environmental education and awareness.

6. Precautionary and Polluter Pays Principles

 Provision: Encourages adopting the precautionary approach and holding polluters accountable.

Importance for India:

 Influences Indian environmental laws like Environmental Protection Act (1986) and Water Act (1974).
 Strengthens judicial activism through Public Interest Litigations (PILs) in environmental matters.
 Promotes accountability among corporations for environmental degradation.

7. Access to Clean Water and Sanitation

 Provision: Highlights the importance of water security and sanitation for development.
Importance for India:

 Drives initiatives like Swachh Bharat Abhiyan, Jal Jeevan Mission, and Atal Bhujal Yojana.
 Supports infrastructure development in rural and urban areas for water conservation and sanitation.