Unit - I - Introduction
Unit - I - Introduction
Environmental Laws
UNIT- I
Introduction
DR . POOJA SANGWAN
ASSISTANT PROFESSOR (LAW)
Environment: Meaning &
Concept
Origin - French word "environner" meaning "to encircle" or "to surround.“
Environment is the sum total of water, air and land and the inter-relationships that exist among them and
with the human beings, and other living organisms and materials.
Components of Environment –
1. Water - Oceans, Rivers, Lakes - Interaction with Living Organisms (e.g., Aquatic Life)
2. Air - Atmosphere, Climate - Interaction with Living Organisms (e.g., Breathing, Weather Patterns)
3. Land - Soil, Terrain, Vegetation - Interaction with Living Organisms (e.g., Plants, Birds, Animals,
Human Activity)
4. Living Organisms - Human Beings - Impact on Water, Air, Land (e.g., Pollution, Conservation) -
Animals, Plants - Interaction with Water, Air, Land (e.g., Habitat, Food Chain)
5. Materials - Natural Resources - Interaction with Human Activity (e.g., Resource Extraction, Waste)
Environment and
its various
components
Geographical meaning of
‘Environment’:
Environment is a combination of
living and non-living things and
their mutual interaction with each
other which leads to an ecosystem.
Statutory definition
Section 2(a) of the Environment Protection Act, 1986 and Section 2(C) of the National Green
Tribunal (NGT) Act, 2010 define the term.
“Environment" includes water, air and land and the inter-relationship, which exists among and
between water, air and land and human beings, other living creatures, plants, micro-organism
and property.
The above definition is an inclusive definition and wide in context. Its interpretation depends
upon the facts and circumstances of each case.
It includes the interaction and equilibrium between physical and biological elements of nature.
It gives importance to the micro-organisms which continuously work for maintaining the
equilibrium within an internal and external ecology, and all living beings including human life and
even property.
definition
Therefore, the environment is an amalgamation of various components surrounding an
organism that interact not only with the organism but also amongst themselves. It means the
aggregate of all the external conditions and influences affecting life and development of human
beings, animals, and plants.
threats to natural environment
The natural environment faces numerous threats, many of which are exacerbated by human
activity. These threats can disrupt ecosystems, reduce biodiversity, and compromise the ability
of the environment to support life.
1. Climate Change:
•Cause: Primarily driven by the burning of fossil fuels, deforestation, and industrial processes that
increase greenhouse gas concentrations in the atmosphere.
•Impact: Results in rising global temperatures, changing weather patterns, melting polar ice, and
rising sea levels. It also leads to more frequent and severe weather events, such as hurricanes,
droughts, and floods.
threats to natural environment
II. Pollution:
•Air Pollution: Emissions from vehicles, industrial processes, and the burning of fossil fuels
release harmful pollutants, such as carbon monoxide, sulfur dioxide, and particulate matter, into
the atmosphere.
•Water Pollution: Contaminants like chemicals, plastics, and sewage enter water bodies, harming
aquatic life and making water unsafe for human use.
•Soil Pollution: The use of pesticides, fertilizers, and industrial waste disposal contaminates the
soil, affecting crop productivity and soil health.
threats to natural environment
III. Deforestation:
•Cause: Driven by agricultural expansion, logging, and urbanization.
•Impact: Leads to habitat loss, reduction in biodiversity, and disruption of the carbon cycle,
contributing to climate change.
IV. Loss of Biodiversity:
•Cause: Habitat destruction, overexploitation of species, pollution, and climate change.
•Impact: Results in the extinction of species, which can destabilize ecosystems and reduce the
availability of ecosystem services, such as pollination and water purification.
threats to natural environment
V. Overpopulation:
•Cause: Rapid population growth increases the demand for resources, such as food, water, and
energy.
•Impact: Leads to overexploitation of natural resources, habitat destruction, and increased waste
and pollution.
VI. Overexploitation of Resources:
•Cause: Unsustainable practices in fishing, logging, mining, and agriculture.
•Impact: Depletes natural resources faster than they can be replenished, leading to resource
scarcity and environmental degradation.
threats to natural environment
VII. Urbanization and Industrialization:
•Cause: Expansion of cities and industrial activities.
•Impact: Results in habitat destruction, increased pollution, and higher demand for energy and
resources. It also contributes to the urban heat island effect and loss of green spaces.
VIII. Invasive Species:
•Cause: Introduction of non-native species to new environments, often through human activities
such as trade and travel.
•Impact: Invasive species can outcompete native species for resources, leading to the decline or
extinction of native species and disrupting local ecosystems
threats to natural environment
IX. Agricultural Practices:
•Cause: Intensive farming practices, monoculture, and the use of chemical fertilizers and
pesticides.
•Impact: Leads to soil degradation, water contamination, and loss of biodiversity. It also
contributes to greenhouse gas emissions and deforestation.
X. Oceans and Marine Ecosystems:
•Threats: Overfishing, coral bleaching due to climate change, plastic pollution, and
acidification caused by increased CO2 absorption.
•Impact: Leads to the depletion of fish stocks, destruction of coral reefs, and disruption of
marine food chains.
threats to natural environment
XI. Natural Disasters:
•Cause: Some natural disasters are exacerbated by human activities, such as deforestation
increasing the risk of landslides, and climate change influencing the frequency and severity
of hurricanes.
•Impact: Can lead to widespread destruction of ecosystems, loss of life, and displacement of
communities.
Conclusion:
The threats to the natural environment are interconnected and often exacerbate each
other. Addressing these threats requires a comprehensive approach that includes
sustainable resource management, pollution control, conservation efforts, and global
cooperation to mitigate the impacts of climate change and other environmental challenges.
Environment and Human
Interface: An Overview
The relationship between the environment and human society is deeply interconnected and
dynamic. This interface encompasses the ways in which human activities influence the natural
world and, conversely, how environmental factors shape human existence.
Understanding this relationship is critical for addressing contemporary challenges such as climate
change, resource depletion, and environmental degradation.
1. The Environment as a Life Support System
The environment provides essential resources and services that sustain human life. These include:
• Natural Resources: Water, air, soil, minerals, forests, and fossil fuels are vital for human survival
and economic activities.
• Ecosystem Services: These include purification of air and water, pollination of crops, climate
regulation, and the decomposition of waste. Healthy ecosystems maintain biodiversity and ensure
the resilience of natural systems.
Environment and Human
Interface: An Overview
2. Human Impact on the Environment
Human activities have significantly altered natural environments, leading to both positive and
negative outcomes. Key aspects of human impact include:
•Agriculture: While agriculture is essential for feeding the global population, it has also led to
deforestation, soil degradation, and water depletion.
•Industrialization: Industrial activities have driven economic growth but have also resulted in
pollution, greenhouse gas emissions, and habitat destruction.
•Urbanization: The growth of cities has transformed landscapes, often leading to the loss of
natural habitats and increased pollution.
•Resource Exploitation: Overexploitation of natural resources, such as overfishing, deforestation,
and mining, has led to resource depletion and environmental degradation.
Environment and Human
Interface: An Overview
3. Environmental Challenges
The interface between humans and the environment has given rise to several pressing challenges:
• Climate Change: Human activities, particularly the burning of fossil fuels, have increased greenhouse gas
concentrations, leading to global warming, changing weather patterns, and rising sea levels.
• Biodiversity Loss: Habitat destruction, pollution, and climate change are driving species extinction at an
alarming rate, reducing biodiversity and weakening ecosystem resilience.
• Pollution: Air, water, and soil pollution from industrial activities, agriculture, and waste disposal have
adverse effects on human health and the environment.
• Deforestation: The clearing of forests for agriculture, logging, and urbanization is reducing carbon
sequestration, disrupting water cycles, and contributing to climate change.
• Resource Scarcity: Overuse of natural resources, such as freshwater, arable land, and fisheries, is leading
to scarcity and conflicts over access to these essential resources.
Examples from india
Air Pollution in Delhi and Northern India
• Human Influence: Rapid urbanization, industrialization, vehicular emissions, and agricultural practices
like crop residue burning have led to severe air pollution in Delhi and other parts of northern India. The
use of coal for power generation and the burning of biomass for cooking also contribute to poor air
quality.
• Environmental Impact: The region experiences frequent episodes of hazardous air quality, particularly
during the winter months when pollution levels spike due to temperature inversion and reduced wind
speeds.
• Human Consequences: Air pollution has severe health impacts, including respiratory illnesses,
cardiovascular diseases, and premature deaths. The economic costs include lost productivity, increased
healthcare expenditures, and a decline in the quality of life. The government has implemented measures
such as the National Clean Air Programme (NCAP) and stricter emissions standards, but challenges
remain in reducing pollution levels effectively.
Examples from india
Urban Flooding in Mumbai
•Human Influence: Mumbai, India's financial capital, is prone to urban flooding due to unplanned
urbanization, poor drainage systems, and the encroachment of natural water bodies and
wetlands. The city's rapid expansion has led to the loss of mangroves and the filling of creeks,
which traditionally acted as natural buffers against floods.
•Environmental Impact: During the monsoon season, heavy rainfall overwhelms the city's
drainage systems, leading to waterlogging and flooding. The loss of natural floodplains and
mangroves exacerbates the situation.
•Human Consequences: Urban flooding causes significant disruption to daily life, economic losses,
and damage to infrastructure. It also poses health risks due to waterborne diseases and
contamination of drinking water sources. Efforts to address urban flooding include improving
drainage infrastructure, restoring natural water bodies, and implementing stricter urban planning
regulations.
Examples from india
Groundwater Depletion in Punjab/Haryana
• Human Influence: Punjab, known as the "Granary of India," has experienced severe
groundwater depletion due to the over-extraction of water for irrigation, particularly for
water-intensive crops like rice and wheat. The introduction of high-yielding crop varieties
during the Green Revolution exacerbated this issue.
• Environmental Impact: The continuous decline in groundwater levels has led to the drying
up of wells, reduced water availability for agriculture, and the deterioration of soil quality
due to increased salinity.
• Human Consequences: Farmers face increased costs for drilling deeper wells and pumping
water, leading to higher production costs and financial stress. The depletion of groundwater
resources threatens the long-term sustainability of agriculture in Punjab, which could lead
to food security issues for the region and the country. The government has initiated water
conservation programs and promoted crop diversification, but the transition is slow.
Environment and Human
Interface: An Overview
4. Human Adaptation and Mitigation Efforts Convention on Biological Diversity.
In response to environmental challenges, societies• Technological Innovation: Advances in technology,
have developed various strategies to mitigate negative such as renewable energy, water purification, and
impacts and adapt to changing conditions: sustainable agriculture, offer solutions to reduce
environmental impact and improve resource efficiency.
• Sustainable Development: This approach seeks to
balance economic growth, environmental protection,• Conservation Efforts: Initiatives such as protected
and social equity. It involves adopting practices that areas, wildlife reserves, and reforestation projects aim
reduce environmental impact while meeting human to preserve ecosystems and species.
needs.
• Public Awareness and Education: Increasing
• Environmental Policies and Regulations: Governments awareness of environmental issues has led to greater
and international organizations have implemented public engagement and changes in behavior, such as
policies to regulate pollution, conserve natural recycling, conservation, and support for environmental
resources, and protect biodiversity. Examples include policies.
the Paris Agreement on climate change and the
Environment and Human
Interface: An Overview
5. The Role of Environmental Ethics
Environmental ethics explores the moral relationship between humans and the natural
world. It raises questions about the rights of future generations, the intrinsic value of
nature, and the responsibilities of individuals and societies toward the environment. Key
ethical perspectives include:
•Anthropocentrism: This viewpoint prioritizes human needs and interests, often viewing the
environment as a resource for human use.
•Ecocentrism: This perspective values ecosystems as a whole, emphasizing the intrinsic value
of all living beings and the importance of maintaining ecological balance.
•Sustainable Development Ethics: This approach advocates for meeting current needs
without compromising the ability of future generations to meet theirs, integrating
environmental stewardship with social and economic goals.
Environment and Human
Interface: An Overview
6. Future Directions
The future of the human-environment interface will depend on how effectively societies address
environmental challenges and adopt sustainable practices. Key areas for future focus include:
•Climate Resilience: Developing strategies to adapt to and mitigate the impacts of climate change
will be critical for safeguarding human and environmental health.
•Circular Economy: Moving towards a circular economy, where resources are reused, recycled, and
regenerated, can reduce waste and resource depletion.
•Biodiversity Conservation: Protecting and restoring biodiversity will be essential for maintaining
ecosystem services and resilience.
•Equitable Resource Distribution: Ensuring that all people have access to essential resources, such
as clean water, food, and energy, will be crucial for social stability and environmental sustainability.
Religion and Environment - An
Overview
Historical Context: Religions have long shaped human perceptions of nature, often embedding
stewardship principles in their doctrines, advocating for the care and preservation of Earth’s
resources.
1. Christianity:
•Biblical Stewardship: Central to Christian environmental ethics is the concept of stewardship
derived from the Book of Genesis. Genesis describes humans as stewards of God's creation.
Genesis 1:28 grants humans "dominion" over the earth, a term historically interpreted as a call for
responsible management and care rather than exploitation. This stewardship is envisioned as a
sacred duty to maintain and preserve the natural world for future generations.
•Theological Interpretations: Different Christian denominations might emphasise this role to
varying extents, but many contemporary theologians advocate viewing humanity's role as that of a
caretaker who works in partnership with God to sustain the life-giving capacity of the Earth.
Theological Foundations in
Environmental Stewardship
2. Islam:
•Khalifa (Stewardship): In Islam, humans are considered "Khalifa" on earth, a term that signifies a
trustee or steward. This concept is rooted in Quranic verses such as Quran 6:165, where it is
stated that humans are made inheritors of the earth, entrusted by Allah to look after its well-
being and to manage its resources judiciously.
•Environmental Ethics: Islamic environmental ethics are characterized by principles of
conservation, sustainability, and balance. Muslims are taught to avoid excess and wastage (Israf
and Tabzir), reflecting a broader ethic that seeks to maintain balance and harmony in the natural
world.
Theological Foundations in
Environmental Stewardship
3. Buddhism:
•Interdependence and Compassion: Buddhism teaches the principle of dependent origination,
which underscores the interconnectedness of all living and non-living elements. This
interconnectedness implies a direct relationship between the welfare of individual beings and
the health of the entire ecosystem.
•Mindful Engagement with Nature: Buddhist teachings encourage a mindful approach to nature,
advocating for compassion towards all forms of life. This ethos is not just about passive
preservation but actively contributing to the flourishing of all life forms, recognizing the intrinsic
value of nature beyond its utility to humans
Theological Foundations in
Environmental Stewardship
4. Hinduism:
•Reverence for Nature: Hinduism imbues nature with divinity, manifesting in the worship of
rivers, mountains, and forests. Rivers like the Ganges are considered goddesses, and many
mountains are associated with gods, reflecting a worldview in which natural elements are sacred
and worthy of reverence.
•Ecological Practices: This reverence translates into various practices and festivals that celebrate
and honor natural elements, fostering a culture of respect and care for the environment. The
principle of "Dharma" involves duties that include protecting nature, further embedding
environmental care within religious practice.
Theological Foundations in
Environmental Stewardship
The concept of the Pancha Mahabhuta, or the five great elements—earth, water, fire, air,
and ether—profoundly influences Hindu environmental ethics and practices.
This philosophical framework encourages a holistic and interconnected view of nature,
emphasizing the symbiosis between human beings and the environment. The religious
scriptures stress that these elements must be kept pure.
Indigenous Beliefs and Spiritual
Connections
Spiritual Personification: Many indigenous cultures view rivers and other natural features as
animate, sentient beings that are integral to their spiritual and daily lives. For instance, the
Whanganui River in New Zealand is considered an ancestor by the local Māori tribe.
Sacred Entities: Rivers are often sacred in indigenous religions and are treated with reverence,
which involves rituals, offerings, and prohibitions against polluting or misusing the water.
Indigenous Beliefs and Spiritual
Connections
Legal Recognition of Rivers as Persons
1.New Zealand - Whanganui River:
1. In a landmark decision in 2017, New Zealand recognized the Whanganui River as a legal person. This
decision stemmed from the Māori belief in the river as an ancestor, making it the first river in the world to
obtain such a status. The river now has legal representatives who act in its interest, reflecting Māori values
and their deep spiritual connection to it.
1.Vagueness and Lack of Enforcement: One of the primary criticisms of the Stockholm Declaration is its
lack of legal teeth. The principles, while visionary, are expressed in broad terms that are not legally
binding. This has resulted in variable implementation and enforcement, depending largely on individual
nations’ policies and priorities.
2.Focus on Symptoms Rather Than Causes: Critics argue that the declaration focused more on mitigating
the impacts of environmental degradation rather than addressing the underlying economic and industrial
causes. This approach can lead to short-term fixes rather than long-term sustainable changes.
3.Inadequate Attention to Developing Nations: At the time of the conference, the global south felt that
the environmental agenda was being driven by the affluent north, which was dictating terms that could
potentially hinder their development aspirations. The declaration did not adequately address the
differing needs and responsibilities of developed and developing nations, nor did it provide mechanisms
for technology transfer or financial aid to support sustainable development in poorer regions.
Critiques of the Stockholm Declaration
4. Economic and Environmental Balance: The declaration's emphasis on not compromising economic
development for environmental protection was seen by some as a concession that allowed continued
environmental degradation under the guise of development. This has led to ongoing debates about the
true compatibility of economic growth and environmental sustainability.
5. Global vs. Local: While the declaration promoted international cooperation, it often overlooked local and
indigenous community rights and their traditional environmental knowledge. The top-down approach
sometimes resulted in policies that were not well-suited to local ecological or cultural contexts.
Conclusion:
The Stockholm Declaration was undoubtedly a milestone in raising global awareness and setting a multi-
national agenda for environmental protection. However, its effectiveness has been tempered by its non-
binding nature and the broadness of its principles, which allow for significant discretion in interpretation and
implementation. Future efforts in international environmental governance have had to address these
shortcomings, seeking more binding commitments and clearer strategies for sustainable development.
Key developments post 1972
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES,
1973): This treaty was developed to control and regulate international trade in specific
endangered species. It represents one of the earliest and most significant global efforts to
protect biodiversity through legal mechanisms.
Vienna Convention for the Protection of the Ozone Layer (1985): This framework
convention was designed to coordinate international activities to protect the ozone layer
from depletion due to human-made chemicals like chlorofluorocarbons (CFCs). Its adoption
marked a critical step in addressing global atmospheric issues.
Montreal Protocol on Substances that Deplete the Ozone Layer (1987): As a protocol to
the Vienna Convention, the Montreal Protocol specifically bound countries to reduce the
production and consumption of ozone-depleting substances. It has been remarkably
successful, with widespread ratification and subsequent amendments leading to significant
reductions in CFCs.
Key developments post 1972
1.Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their
Disposal (1989): This convention was developed in response to concerns about the dumping of
hazardous waste in developing countries. It set up a framework for regulating the international
trade and disposal of hazardous wastes, aiming to minimize its generation and ensuring
environmentally sound management.
2.Rio Earth Summit (1992): Officially known as the United Nations Conference on Environment and
Development (UNCED), this summit led to the creation of several key documents and agreements,
including the Framework Convention on Climate Change (UNFCCC) and the Convention on Biological
Diversity (CBD), both of which have profoundly influenced international environmental policy and
law.
These developments underscore a progressive elaboration of international legal instruments and
institutions aimed at addressing complex and interconnected environmental challenges. The period
was characterized by an increasing understanding that environmental issues are global in nature
and require coordinated international responses.