LEEWAY

SEVENTH SEMESTER BBA LLB

Environmental law
CREATED BY
AJITH.V, RATHULDEV.S, MUHAMMED NASEEB P
[BBA LLB 5th YEAR]

POWERED BY
UDSF MCT LAW COLLEGE
MCT COLLEGE OF LEGAL STUDIES MALAPPURAM
12 MARK

Powers and functions of pollution control board (AIR Act)

 Section 53 of the Air Act, 1981 empowers the Central Government to make rules. In exercise of the powers
conferred by section 53 of the Air Act, 1981 the Central Government has made the Air (Prevention and
Control of Pollution) Rules 1982.
 Section 54 of the Air Act, 1981 empowers the State Governments to make rules to carry out the purposes of
this Act. In exercise of the powers conferred by section 54 of the Air Act, 1981 the Government of Kerala
made the Kerala Air ( Prevention and Control of Pollution ) Rules, 1984.
 Section 2 (b) of the Act defines Air Pollution. Air pollution means the presence in the atmosphere of any air
pollutant
 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

Constitution

Section 3 of the Act provides that the Central Pollution Control Board constituted under section 3 of the Water
Act, 1974 shall also exercise the powers and perform the functions of Central Pollution Control Board for the
prevention and control of air pollution under this Act.

Functions of the Central Board

 The main function of the Central Board is to improve the quality of air and to prevent, control and abate air
pollution in the country.
 In addition to the main function, Central Board may exercise the following functions,
o To advise the Central Govt. on many matter concerning the Improvement of the quality of air and
the prevention, control and abatement of air pollution.
o Plan a nation-wide programme for the prevention, control or abatement of air pollution and to
execute it
o Co-ordinate the activities of State Boards.
o Provide technical assistance and guidance to the State Boards, carry out and sponsor investigation,
prevention, control or abatement of air pollution.
o Organise the training of persons engaged for the prevention, control and abatement of air pollution.
o Organise through mass media a comprehensive programme for the prevention, control and
abatement of air pollution.
o To lay down standards for the quality of air.
o To collect and circulate information in 9spect of matters relating lo air pollution.

Constitution. Powers and Functions of State Board

By virtue of section 4 of the Air Act, the State Pollution Control Board constituted under section 4of the Water
Act shall be deemed to be the State Pollution Control Board under this Act.

Functions of the State Board

 To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure
the execution thereof.
 To advise the State Government on any matter concerning the prevention, control or abatement of air
pollution.
 To collect and disseminate (circulate) information relating to air pollution
 To collaborate with the Central Board in organising the training of persons engaged or to be engaged in
programmes relating to prevention, control or abatement of air pollution and to organise mass- education
programme relating thereto.
 To inspect any control equipment, industrial plant, or manufacturing process and to give directions to take
steps for the prevention, control and abatement of air pollution.
 To inspect air pollution control areas and assess the quality of air therein and take steps for the prevention,
control and abatement of air pollution in such areas.
 To lay down standards for emission of air pollutants into the atmosphere from industrial plants and
automobiles or for the discharge of any air pollutent into the atmosphere from any other source whatsoever
not being a ship or aircraft.
 To advise the State Government with respect to the suitability of any premises or location for carrying on
any industry which is likely to cause air pollution.

Provisions Under the Air Act for Prevention and Control Air pollution

Sections 19 to 31 A of the Air Act deal with prevention, control and abatement of air pollution.

(1) Power of the State Government to declare a particular area as air (1) pollution control area (sec.19)
 The State Government can declare any area within the state as air pollution control area. The
StateGovernment can also prohibit use of any fuel in any air pollution control area if the use of such fuel
is likely to cause air pollution.
 The State Govemment may also direct that no appliances other than an approved applicance shall be
used in any premises situated in the air pollution control area.
 The State Govemment can also prohibit the burning of any material (not being fuel) in any air pollution
control area if such buming is likely to cause air pollution

(2) Power to give instructions for ensuring standards for emission from automobiles.
 In order to ensure the standards of emission of air pollutant from automobiles the State government shall
give instructions to the concerned authority in charne of registration of motor vehicles.
 When the state Government gives instructions the registering authority shall act as per such instruction.

(3) Power of the State Board to impose restriction on the use of certain Industrial plants
 By virtue of section 21, no person shall establish or operate any industrial plant in an air pollution
control area without the previous consent of the State Board.
 An application for the consent of the State Board shall be made in the prescribed form and shall contain
the particulars of the industrial plant.

(4) Not to allow emission of Air pollutants In excess of the standards laid down by State Board
 Section 22 of the Air Act says that a person operating any industrial plant in any air pollution control area
shall not discharge the emission of any air pollutant in excess of the standards laid down by the State Board.
 Who ever fails to comply with the provisions of S.22 shall be punishable with imprisonment for a term
which shall not be less than one year and 6 months but which may extend to 6 years and with fine.
 In case the failure continues, the guilty person shall be punishable with fine which may extend to 5000 Rs.
for every day.

(5) Power of Board to make application to the court for restraining persons from making air-pollution.

By virtue of section 22 A, if it is apprehended by a Board (Central as well as State Board) that emission of any
air pollutant in excess of standards laid down by the State Board is likely to occur by the reason of operation of
an industry plant in any air pollution control area the board may make an application to court not inferior to a
Judicial Magistrate of first class for an order restraining person operating the industrial plant from emitting such
air pollutant.

(6) Power to Give Directions

 By virtue of section 31 A of the Act, a Board may, in the exercise of its powers and performance of its
functions issue any directions in writing to any person, officer or other authority.
 Such person, officer or other authority shall be bound to comply with such directions. The Boards power
to issue directions Include the power to direct-
 the closure, prohibition or regulation of any industry, operation or process
 the stoppage or regulation of supply of electricity water or any other service.

Sustainable development
 Sustainable Development The industrial .revolution has, no doubt, resulted in environmental pollution. With
the object of protecting environment from pollution if all industries are directed to be closed it would result
in degradation and retardation of development in all perspective.
 The environment and industries are for men. Both should be protected. "Sustainable Development" is a
concept which aims to protect environment and Industry.
 The term sustainable development was brought Into common use by the World Commission on
Environment and Development (Brundtland Commission) in its report in 1987.
 This Commission was set up by the General Assembly of the U.N. in 1983, The Brundtland report has given
the following definition to the concept of sustainable development.
 "Sustainable development is a development that meets the needs of the present without compromising the
ability of the future generations to meet their own needs", development does not Imply absolute limits to
growth.
 The resources available for economic growth should be exploited to the minimum, In the case of non-
Sustainable renewable resources their use reduces the stock available for future generations. However the
entire resource need not be reserved for future.
 The rate of depletion should be minimum. Thus Sustainable Development is a process of change in which
the exploitation of resources, the direction of investment, the orientation of technological and institutional
change are all in harmony and enhance both current and future potential to meet human needs and
aspirations. The following are the general principles evolved by the Brundtland commission.

1) All human beings have the fundamental right to an environment adequate for their health and well
being.
 2) States shall conserve and use the environment and natural resources for the benefit of present and
future generations.

Polluter Pays Principle

 The ‘polluter pay’ principle essentially holds the polluter liable for the pollution caused to the environment.
The polluter is liable for every damage caused to the environment.
 So according to the ‘polluter pay principle’, the polluter has to not only compensate the victims of pollution
but also compensate for the restoration of environmental degradation caused Under 1972 and 1974 OECD
Recommendation(1)(2),
 the measures to be taken by the polluter for controlling the pollution is decided by public authorities so that
the environment is in acceptable state post the industry operation.
 Therefore, the polluter bears the cost of health hazard caused to the public as well as the cost of restoration
of the environment.
 In other words, the costs of the measures should reflect on the cost of the goods and services, the production
and/or consumption of which led to pollution.
 The cost of the measures should not be accompanied by the subsidies as it would lead to distortion in
international trade and investment.
 The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide
The ‘polluter pay’ principle forms a part of the environmental law of India.

Precautionary Principle
 The principle states that if there is a risk of severe damage to the environment absence of any scientific or
conclusive proof is not to be given as a reason for the inaction.
 The Precautionary Principle shifts the burden of proof on the shoulders of the person who is arguing that the
activity he is carrying out is not harmful.
 The principle follows the approach of being safe than being sorry. This principle is in contrast to the wait-
and-watch approach which is generally followed in environmental issues.
 The Precautionary Principle encourages “action taking” to antedate and prevent damage to the
environment. The Precautionary Principle is one of the most popular legal approaches in the field of
environmental law today.
 Whereas traditional approaches are reactive, this approach encourages “action taking” to antedate and
prevent damage to the environment.
 There are two definitions of Precautionary Principle which are widely accepted-

1. The first definition is given in the Rio Declaration of 1992. It states that in order to protect the
environment every state should apply the principle to the best of their abilities. When there are chances
of irreversible and serious damage, lack of full scientific should not be the reason for the postponement
of preventive measure.[5]
2. The second definition is based on the Wingspread Statement on Precautionary Principle, which was
given 1998. This definition states that when there is a threat to the environment and human health,
precautionary measures should be taken even when full scientific data is not available. The principle
should examine the alternative options available (even the option of taking no action).

Powers and functions of central govt in environmental protection

 The burning problem of the present day world is environmental pollution In persuance of Stockholm
Declaration, 1972 several legislations were enacted for the protection and improvement of Environment.
 According to N.D.Tiwari Committee's Report nearly 200 Central and State legislations are passed in India
with the object of protecting and improving the environment.
 The Environment (Protection) Act, 1986 is one of the most important and significant legislation enacted by
the Parliament. The main object of Environment (Protection)Act is to achieve protection and improvement
of environment which the Water Act and the Air Act could not achieve.
 The Environment Act extends to the whole of India including the State of Jammu and Kashmir. The
Environment (Protection ) Act, 1986 is only a skelton legislation containing the legistative policy and
intention, A very wide rule-making power is conferred on the Central Government.
 In exercise of powers conferred under nections 6 and 25 of the Act, the Central Government has made the
Environment ( Protection) Rules, 1986, the Hazardous Waste (Management and Handling)
 Aules, 1989 and the Manufacture, Storage and Import of Hazardous Chemicals Rulos, 1989. These Rules
form the flesh and blood to the skelton legislation, namely, the Environment (Protection) Act, 1986.

Definition of Environment

According to Section 2(a) of the Act, the word "environment includes water, air and land and the inter
relationship which exist among and between water, air and land and human beings, other living creatures,
plants, micro organism and property.

Environmental Pollution

 According to Section 2(c) of the Act, 'environmental pollution' means the presence in the environment of
any environmental pollutant.
 According to section 2(b) of the Act, 'environmental pollutant means any solid, liquid or gaseous substance
present in such concentration as may be or tend to be injurious to environment.

Hazardous Substance

Section 2(e) of the Act defines Hazardous Substance. as any substance or preparation which by reason of its
chemical or physio-chemical properties or handling is liable to cause harm to human beings, other living
creatures, plants, micro organism, property or the environment.

General powers of Central Government under the Environment (Protection) Act

1 Power to take measures to protect and improve environment

 By virtue of section 3 (1)of the Act, the Central Government shall have power to take all such measures
as it deems necessary or expedient for the purpose of protecting and improving the quality of
environment and preventing, controlling and abating environmental pollution.
 In exercise of its power, the Central Government may take the following measures;
o Co-ordinate the actions of the State Governments, officers and o authorities relating to the
protection and improvement of environment
o Plan and execute a nation wide programme for the prevention, contrei and abatment of
environmental pollution.
o Lay down standards for the quality of Environment.
o Lay down standards for emission or discharge of environmental pollutants from various sources.
o Restrict the areas in which any industries, operations or process shall not be carried out or shall
be carried out subject to certain safeguards.
 o Lay down procedures and safeguards for the prevention of accidents which may cause
environmental pollution and remedial measures for such accidents.
o Lay down procedures and safeguards for handling hazardous substances.
2 Power to Appoint Officers
 By virtue of section 4 of the Act, the Central Government can appoint officers with such designation as
it thinks fit for the purpose of this Act and may entrust to them such of the powers and functions under
this Act as it may deem

3 Power to Give Directions

 By virtue of section 5 of the Act, the Central Government may, in the exercise of its powers and
performance of its functions, issue directions in writing to any person, officer, of any authority and such
person, officer or authority shall be bound to comply with such directions.
 The power to issue directions include the power to direct the closure, prohibition or regulation of any
industry, operation or process. The Central Government may give direction to stop or regulate the
supply of electricity, water or other service.

4 Power to Make Rules

 By virtue of section 6 of the Act, the Central Government can make rules on any matter contained in
section 3 and for the following matters.
o Fixing standards of quality of air, water or soil for various areas.
o Prescribing the maximum allowable limits of concentration of vanous environmental pollutants
including noise for different areas
o Prescribing the procedures and safeguards for the handling of hazardous substances.
o Prescribing prohibition and restrictions on handling of hazardous substances.
o Prescribing the prohibition and restrictions on the location of industries and carrying on of any
process or operation in different areas.
o Prescribing the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing remedial measures for such accidents.
5 Power to give directions.

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central
Government may, in the exercise of its powers and performance of its functions under this Act, issue directions
in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply
with such directions.

6 Rules to regulate environmental pollution.

 The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
 In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the standards of quality of air, water or soil for various areas and purposes;
(b) the maximum allowable limits of concentration of various environmental pollutants (including
noise) for different areas;
(c) the procedures and safeguards for the handling of hazardous substances
Constitutional mandate for Forest conservation
The Forest (Conservation) Act. 1980

 After India became independent the earlier policy relating to forest was continued. The earlier forest
policy of the government was aimed at regulation of commercial activities than environmental
protection.
 In order to give more protection to the forests and to preserve environment, the Forest (Conservation)
Act 1980 was enacted by the Parliament.
 The main object of the Act of 1980 is to restrict the deforestration which had been taking place on a
large scale in the country.
 Defroesteation causes ecological imbalance and leads to environmental deterioration.
 Section 2 of the Act of 1980 imposed restriction of use of forests lands. By 0e ol section 2 of the Act a
State Government cannot issue orders to
o deserve any reserved forest without prior approval of the Central Government.
o authorise use of forest land for any non- forest purpose without prior approval of the Central
Government
o assign by way of lease or otherwise any forest land to any person or to any authority,
corporation, agency or any other organisation not owned managed or controlled by government
without prior approval of the Central Government.
o clear of trees which have grown naturally in any forest land for the purpose of using it for
reafforestration without prior approval of the Central Government.
 Whoever contravenes or abets the contravention of any of the provisions of section 2 shall be
punishable with simple imprisonment for a period which may extend to fifteen days.
 If any offence under this Act has been committed by any Department of Government, the head of the
department shall be deemed to be quilty of the offence and shall be liable to be proceeded against and
punished accordingly.

The Wild Life (Protection) Act, 1972

 The Wild Life Protection Act ,1972 is a notable legislation enacted with the object of protecting the wild life
from destruction. Wild life constitutes wealth of the nation. It includes wild animals, birds, plants etc.
 Man, in the process of progress and development and also for his selfish ends, is causing much damage to
the forests and wild life.
 The decline of wild life and forests have an adverse affect on the ecology. The Wild Life Protection Act,
1972 enacted by the Indian Parliament aims at the protection of the wild animals, birds and plants.
 The Wild Life (Protection) Act, 1972 prohibits hunting of wild animals. Any person guilty of the offence
shall be punishable with imprisonment for a term which may extend to 3 years or with fine which may
extend to Rs. 25,000 or with both.
 The killing or wounding in good faith of any wild animal in defense of oneself or of any other person shall
not be an offence.
Salient features of the Act

 Forests were transferred from the state list to the concurrent list under the Constitution. Thus, due to this
shift, the Central Government was empowered to directly act in order to conserve forests. This Act ensures
the conservation of forest grounds.
 This Act empowers State Governments to use forest area only for forestry purposes.
 Forest is treated as a national asset. Therefore, the state governments have to seek the central government’s
approval if it plans to use the forest area for:

1. Reforestation.
2. Non-forestry purposes such as mining.

 There are provisions under this Act which was drafted with the intent to reduce the rate of Deforestation. It
causes an imbalance in nature and ecology. This, in turn, leads to the degradation of environmental quality.
 The act seeks to check the de-reservation of forests. Another important feature of this Act is that the Central
Government’s prior approval is an absolute necessity when it comes to dereservation of reserved forest
areas.
 The Act ensures that in order to stop forest dwellers from cutting trees, they must have full access to fuel,
fodder, building material, wood etc at a subsidized rate.
 Compensatory afforestation is also one of the salient features of this Act as it promotes this practice
throughout the statute.
 This Act seeks to modify working plans into environmentally sound and scientifically researched action
plans. So, all kinds of risks and costs are minimised.
 This Act contains provisions that were drafted with the intent to protect standing Forests.

Role of judiciary in forest legislations

 There is an immediate need for protecting forests. The growth of population along with other developmental
projects are severely reducing the forest cover. Studies show us that at least 33% of the country must be
covered with forests for ecological stability. The current situation is very bleak due to large-scale
deforestation that reduced the forest cover to less than 18%.
 In 1976, the forests were placed under the concurrent list, so the Parliament was also able to make laws
relating to forests. Despite these efforts, deforestation continued to reduce the forest cover.
 In 1996, the Supreme Court issued directions to overlook and enforce laws relating to the forests across the
entire country.
 The courts in India have played an active role in protecting the ecosystem and environment. Through
several cases, the Supreme Court and high courts have provided various orders and judgments to protect
nature and prevent environmental degradation.
 The judicial pronouncements are made from a constitutional and environmental point of view. The courts
have strictly refused non-forest activities and giving lease for such activities.

Conservation Of Forest

 Forest conservation as the name suggests is the preservation and the protection of forests. It also involves
the reversal of deforestation and environmental pollution. The preservation of all natural resources is
absolutely essential for the balance of our ecosystem.
 Forest conservation is the practice of planting and maintaining forested areas for the benefit and
sustainability of future generations.
 The conservation of forest also stands & aims at a quick shift in the composition of trees species and age
distribution.
 Forest conservation involves the upkeep of the natural resources within a forest that are beneficial to both
humans and the environment.
 Conservation of forest is the practice of planting more trees and maintaining the forested areas for the
sustainability for future generations.
 Forests are an important natural resource and are beneficial to humans in several ways. But due to
increasing deforestation activities, it has become essential to conserve forests throughout the world.
 Deforestation is the permanent destruction or loss of forests for the expansion of lands for agriculture,
livestock, etc. The process of destructing forests for the expansion of agricultural land is referred
to as shifting cultivation

Ways to Conserve the Forest

Controlled Deforestation

While deforestation cannot be avoided completely, we must look to control it. Young and immature trees should
not be felled as far as possible. We must look to avoid large-scale commercial deforestation as well. Adapting
practices such as clear-cutting or selective cutting will be beneficial in the long run.

Protect against Forest Fires

Forest fires are the most common and deadly cause of loss of forests. They can start due to natural causes or can
be accidents caused by man or even intentional in some cases. Once a fire spreads in a forest it is very difficult
to control. Precautions must be taken for such incidents. Making fire lanes, spreading chemicals to control fire,
clearing out dry leaves and trees etc.

Afforestation

This is the process by which we plant more trees in the area. We try to increase the forest cover by manual
transplantation, or fresh plantation of trees. It is an attempt to balance our ecosystem to reduce the effects of
deforestation and environmental pollutions of all types.

Better Farming Practices

Slash and burn farming, overgrazing by cattle, shifting agriculture are all farming practices that are harmful to
the environment and particularly to forests. We must keep all these practices under control.

Jhoom farming is one such practice we can employ to combat forest pollution. In the North-east areas of India,
where the land is kept barren after cutting the crops. Weeds and creepers and wild plants grow on this land and
make it fertile again in time. And then the land is cultivated again

Constitutional provisions for protection of Environment

 Our Constitution has enormously grown and evolved over the years and is said to be one of the most
amended constitution so far.
 In the Indian background, the status of environment protection has not only raised to the fundamental law of
land but after a long time in recent past it is corresponded with human rights and is now accepted as well
established fact that it is basic human right to every citizen of India [1].
 The fundamental duties enshrined n our constitution imposes duty on individuals to protect environment in
order to provide each and every human clean environment and a life with dignity and harmony.
 In our Constitution, it is vividly expressed that Directive Principles of state policy are bent towards the ideas
of Welfare State and healthy environment is said to be an essential ingredient for welfare state.
 Article 47 states that the State shall regard the raising of the level of nutrition and the standard of living of
its people and also the improvement of public health which includes the protection and improvement of
environment as a part of its primary duties.
 Article 48-A of the constitution states that the state shall endeavor to protect and improve the environment
and to safeguard the forests and wild life of the country. Part III guarantees fundamental rights which are
essential for the development of an individual.
 The authorities are under the obligation to follow the law and regularize the conduct for the benefit of the
people who have elected them. Article 47 puts an obligation on the state that it shall regard the raising level
of nutrition and standard of living of its people.
 Also, the primary duty of the state shall be to improve public health. It is the responsibility of the state to
prohibit except for medicinal purposes, the consumption of alcohol and drugs which can be injurious to the
health of the living beings and pose a great threat to their lives
 In L.K Koolwal v. State of Rajasthan and Ors, Rajasthan High Court held that maintaining the quality of
the environment, sanitation and health is covered under the purview of Article 21 of the Constitution.
Because non-compliance to do so can adversely affect the lives of many citizens and slow poisoning along
with reducing the life of a citizen.

Article 21 of Indian Constitution- A Mandate To Pollution Free Environment

 The second major development has been the jurisprudence arising from certain remarkable judicial
pronouncements in recent years, more specially relating to Article 21 of the Constitution dealing with 'the
right to life'.
 If one is asked which is the most important of all the articles in the Indian Constitution, one can only say -
Article 21, which says no persons shall be deprived of his life and liberty - which is the guiding light of
India. All the other articles are subservient to this.
 In other words all articles have been formulated for keeping up this theme song of the Indian Constitution
— 'life and liberty' no person - not just a citizen no person in India shall be deprived of life and liberty.
 It is not included as a mere platitude because over the years this article, which was a throbbing article,
which was the most dynamic of all articles gathered flesh and with the help of Article 21 - the life and
liberty of individuals are protected.
 Article 21 is the celebrity provision of the Indian Constitution and occupies a unique place as a fundamental
right for the people of India. It protects the life and personal liberty.
 It envisages and aims that no person shall be deprived of his life or personal liberty except to a procedure
established by law. Here, right to life includes right to health, right to food, right to pollution free
environment, etc. In simple words, Article 21 provides an inbuilt guarantee to a person for right to live with
human dignity.
 'No person shall be deprived of his life or personal liberty except according to procedures established by
law.' Article 21 is the heart of all other fundamental rights.
 Article 21 has very expansive scope and has immense content into of with lesser words. Law is never still, it
is ever evolving and ever changing accordingly to meet the challenges of time.
 Therefore constitution provisions, especially fundamental rights and in particular Article 21 has been
broadly construed by the judiciary. The court attempted to expand the reach and ambit of Article 21 rather
than accentuate their meaning and content by judicial construction.
 Thus the judiciary broadened the concept of life, extended the scope of personal liberty so as to include
within itself all the varieties of rights which go to making the personal liberties of man. Basic principles
were compiled to understand procedure established by law.
 The judiciary has resolved most of the environmental cases where they considered right to good
environment as fundamental for life and upheld as fundamental right.
 Thus we can consider article 21 as mandate for life saving environment. This article focuses on some of the
landmark cases that have a bearing on the person's right to life and right to pollution free environment.
 Environmental deterioration could eventually endanger life of present and future generations. Therefore, the
right to life has been used in a diversified manner in India.
 It includes, inter alia, the right to survive as a species, quality of life, the right to live with dignity, right to
good environment and the right to livelihood.
 In India, these rights have been implicitly recognized as constitutional rights. The right to healthy
environment has been incorporated, directly or indirectly, into the judgments of the court.
 Thus it is clear that article 21 has a multidimensional interpretation. Any arbitrary, whimsical and fanciful
act on the part of any state, depriving the life or personal liberty would be against Article 21 of the Indian
constitution

In M. C. Mehta vs. Union of India 1987 SCR (I) 819 (the Oleum Gas Leak case), the Supreme Court
established a new concept of managerial liability - 'absolute and non-delegable' - for disasters arising from the
storage of or use of hazardous materials from their factories. The enterprise must ensure that no harm results to
anyone irrespective of the fact that it was negligent or not.

5 MARK

Environmental impact assessment

 Environmental Impact Assessment (EIA), in its most basic sense, can be broken down for the understanding
of a layman, as the gauging or estimation of the ‘Impact’ any project, program, or policy may have on the
surrounding ‘Environment,’ during or after its implementation.
 It is considered an effective tool to ensure sustainable developmental planning and minimize any
irreversible or prolonged damage to the environment.
 International Authority comprising of professionals involved with impact assessments- both socially and
environmentally, defines EIA as “the process of identifying, predicting, evaluating and mitigating the
biophysical, social, and other relevant effects of development proposals prior to major decisions being taken
and commitments made.”

Stages of obtaining the environmental clearance

The EIA Notification, 2006 provides for a 4-stage procedure for obtaining environmental clearances.

1. SCREENING: Screening involves proper and methodological screening by the SEAC for determining
whether a project requires further detailed study into the environmental factors,
2. SCOPING: devise detailed Terms of Reference, addressing the environmental concerns for the
formation of a detailed EIA Report
3. PUBLIC CONSULTATION: As the name suggests, it involves addressing the concerns of those
affected locally or who have a considerable stake in the environmental impact of the project
 4. APPRAISAL: It refers to the detailed scrutiny by the EAC and SEACs of the application, EIA Report,
Outcome of public consultations, and the public hearing proceedings within sixty days of the submission
of the final EIA Report.

Air Pollution?

 Air pollution refers to any physical, chemical or biological change in the air. It is the contamination of air by
harmful gases, dust and smoke which affects plants, animals and humans drastically.
 There is a certain percentage of gases present in the atmosphere. An increase or decrease in the composition
of these gases is harmful to survival.
 This imbalance in the gaseous composition has resulted in an increase in earth’s temperature, which is
known as global warming.

Sources

 Burning of Fossil Fuels

o The combustion of fossil fuels emits a large amount of sulphur dioxide. Carbon monoxide released
by incomplete combustion of fossil fuels also results in air pollution.

 Automobiles
o The gases emitted from vehicles such as jeeps, trucks, cars, buses, etc. pollute the environment.
These are the major sources of greenhouse gases and also result in diseases among individuals.

 Agricultural Activities
o Ammonia is one of the most hazardous gases emitted during agricultural activities. The insecticides,
pesticides and fertilizers emit harmful chemicals in the atmosphere and contaminate it.

 Factories and Industries

o Factories and industries are the main source of carbon monoxide, organic compounds, hydrocarbons
and chemicals. These are released into the air, degrading its quality.

 Mining Activities
o In the mining process, the minerals below the earth are extracted using large pieces of equipment.
The dust and chemicals released during the process not only pollute the air, but also deteriorate the
health of the workers and people living in the nearby areas.

Effects of Air Pollution

 Diseases
o Air pollution has resulted in several respiratory disorders and heart diseases among humans. The
cases of lung cancer have increased in the last few decades

 Global Warming
o Due to the emission of greenhouse gases, there is an imbalance in the gaseous composition of the air.
This has led to an increase in the temperature of the earth. This increase in earth’s temperature is
known as global warming.

 Acid Rain
o The burning of fossil fuels releases harmful gases such as nitrogen oxides and sulphur oxides in the
air. The water droplets combine with these pollutants, become acidic and fall as acid rain which
damages human, animal and plant life.
 Ozone Layer Depletion
o The release of chlorofluorocarbons, halons, and hydro chlorofluorocarbons in the atmosphere is the
major cause of depletion of the ozone layer.

 Effect on Animals
o The air pollutants suspend on the water bodies and affect the aquatic life. Pollution also compels the
animals to leave their habitat and shift to a new place.

Water Pollution
 Water is an important factor in the life of organisms. It is an universal solvent in which practically all the
minerals, present in soil, may be dissolved. It supports life system, It covers about one-third of the earth's
surface. Clean and pure water is the inherent right of every man.
 Although industries and factories manufacture useful goods, they are also responsible for creating harmful
waste products called "effluents".
 They are generally released into nearby waterbodies like rivers, ponds, lakes and the sea. These chemical
effluents adversely affect the life of water animals and plants.
 According to section 2 (e) of the Water (Prevention and Control of Pollution) Act, 1974, "pollution" means
such contamination of water or such alteration of the physical, chemical or biological properties of water or
such dishcarge of any sweage 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

Sources of Water Pollution

 Groundwater Pollution
o Groundwater is one of our least visible but most critical natural resources. With rainfall, it becomes
groundwater as it seeps deep into the earth, filling up cracks, crevices, and porous spaces of an
aquifer, which is an underground storehouse of water.

 Surface Water
o Surface water covers about 70 percent of the earth, filling our oceans, lakes, rivers, and including all
blue bits on the world map. Surface water from freshwater sources other than the sea accounts
for more than 60 percent of the water delivered to our homes.

 Ocean Water
o Eighty percent of ocean pollution or marine pollution originates on land along the coast or far inland.
Streams and rivers carry contaminants such as chemicals, nutrients, and heavy metals that are carried
from farms, factories, and cities into our bays and estuaries, and from there, they reach the ocean.

Causes of Water Pollution

 Industrial Waste
o Industries produce a tremendous amount of waste, which contains toxic chemicals and pollutants,
causing air pollution and damage to our environment and us.

 Sewage and Wastewater

o The sewage and wastewater that is produced in each household are treated chemically and released
into the sea along with fresh water.
 The burning of fossil fuels
o Fossil fuels like coal and oil, when burnt, produce a substantial amount of ash in the atmosphere.

 Global Warming
o An increase in the earth’s temperature results in global warming due to the greenhouse effect

 Acid Rain
o Acid rain is essentially water pollution caused by air pollution.

 Radioactive Waste
o Nuclear energy is produced using nuclear fission or fusion. The element that is used in the
production of nuclear energy is Uranium, which is a highly toxic chemical.

Noise or Sound Pollution

 Noise is a form of sound It is an unwanted or undesired and unpleasant sound. It is also termed as misplaced
sound. It produces bad effect on health.
 The most commonly produced effect on health is the loss of hearing capacity and fatigue. It causes
annoyance and sleep interruptions. It may affect diges tive system. It may increase blood pressure.
 Industries, stone quarries, loudspeakers, automobiles, aricrafts, trains, con struction works, Radio,
Television, etc, are the main sources of noise pollution.
 Noise pollution can be mitigated by playing musical Instruments at low volumes, banning the use of
loudspeakers and using good quality silencers in motor vehicles and factories, Effects of Noise Pollution

o Hearing Problems

o Psychological Issues

o Physical Problems

o Cognitive Issues & Behavioral Changes

o Trouble Communicating

o Effect on Wildlife

Public Trust Doctrine

 It states that resources like water, air, sea and forest have a great importance to the general public that it
would be unjustified to make it the subject of private ownership.
 It poses a duty on the State to protect such resources for the benefit of all and not to permit any commercial
use of it.
 Public at large is the beneficiary and State is the trustee who is under a legal duty to protect these resources.
 The Rule of Law runs close to the rule of life and the Indian Constitution, in its humanist vision, has made
environmental-ecological preservation a fundamental value.
 The higher jurisprudence of Article 21 of the Constitution (right to life) embraces the protection and
preservation of nature's gift without which life ceases to be viable and human rights become a simulacrum.
 In other words, this right to life under article 21 has been extended to include the right to a healthy
environment and the right to livelihood.
 Accepting public trust doctrine as a part of common law, the Indian courts have applied this explicitly in
three recent cases, the first one in 1997 and two cases in 1999 , including the case under consideration.
Articles 48A and 51A of the Constitution also furnish the principles of jurisprudence, which are
fundamental to our governance under the Rule of Law.
 The doctrine is first mentioned in M.C. Mehta v Kamal Nath and others where the Indian Supreme Court
applied public trust with regard to the protection and preservation of natural resources. In this case, the State
Government granted lease of riparian forestland to a private company for commercial purpose.

Environmental movement:

 The environmental movement is global movement, signified by a range of organizations, from the large to
grassroots and differs from country to country.
 Due to its large membership, varying and strong politics, and occasionally theoretical nature, the
environmental movement is not always amalgamated in its goals. The movement also includes some other
movements with a more specific focus, such as the climate movement\
 An environmental movement can be defined as a social or political movement, for the conservation of the
environment or for the improvement of the state of the environment. The terms ‘green movement’ or
‘conservation movement’ are alternatively used to denote the same.
 The environmental movements favour the sustainable management of natural resources. The movements
often stress the protection of the environment via changes in public policy. Many movements are centred
on ecology, health and human rights.
 Environmental movements range from the highly organized and formally institutionalized ones to the
radically informal activities.
 The spatial scope of various environmental movements ranges from being local to almost global.
o 1.Bishnoi Movement

o Chipko Movement

o Save Silent Valley Movement

o Jungle Bachao Andholan

o Appiko Movement

Common Law Remedies For Environmental Protection

 The word ‘environment’ was not mentioned in the Constitution of India until the 42 nd Constitutional
Amendment in 1975 added Article 48-A and Article 51-A to the Constitution.
 Article 48-A states that “the State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country” while Article 51-A(g) states that all citizens have a duty to “protect
and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion
for living creatures.”
 Under Common Law, there are 4 different remedies against pollution, and these are – nuisance, negligence,
trespass and strict liability.

1. Nuisance includes any act, omission, injury, damage, annoyance or offense to the sense of sight, smell,
hearing or which is of may be dangerous to life or injurious to health or property. Nuisance can be either private
nuisance – interference with a right that is exclusively enjoyed by an individual, or public nuisance –
interference with a right pertaining to public.

2. Negligence, simply put, is the breach of duty of care which results in loss or injury to the person to whom the
duty is owed. Where there is a duty to take care, reasonable care must be taken to avoid acts or omissions that
can be foreseen to cause loss or injury. However, in order to bring a successful claim of negligence it is
imperative to prove both a direct link between the negligent act and the damage caused and the failure on the
respondent to take reasonable care where such care was required.

3. Trespass is an unlawful interference with the property in the possession of another. It is an intentional
physical entry by a person or an object on land that is possessed by another. It is different from nuisance
because here there must be an intentional invasion of property while in nuisance it must be an unreasonable
interference with the use of one’s property.

4. The principle of Strict Liability was laid down in the case of Rylands v Fletcher[viii] where the court held
that “the person who for his own purposes brings on his lands and collects and keeps there anything likely to do
mischief, if it escapes, must keep it in at his peril, and, if he does not do so, is answerable for all the damage
which is the natural consequence of its escape.”

Types of Forest under the Indian Forest Act

 Definition of ‘Forest’ (as defined in Indian forest act, 1927) is an area occupied by the Government for
conservation and management of biological and ecological resources is called a forest.
 The State attempted to take necessary steps for the protection and improvement of the environment and for
safely guarding the forest and wildlife.
 Every Indian citizen has the right to protect and develop the natural environment like lakes, rivers, forests
and wildlife and should show kindness towards the living creatures.

Private Forests

The private forests are those which are not occupied by the Government. According to the Indian Forests Act,
1927, the Government is commanded to regulate timber cutting and cultivation etc. in private forest land and
also allow the state government to capture the forest land for the public purposes.

Public Forests

Public forests are of three types:

 Reserved Forests
 Village Forests
 Protected Forests

Reserved Forest (Section 3)

 These are the forests which are reserved by the Government. More than half of the forest area in India is
declared as a Reserve forest. 53% of the total forests in India are the Reserved Forests.
 For the conservation of the forests and wildlife resources, the Government reserves these forests. The
activities like hunting and cutting the trees are strictly banned in these forests.
Village Forests (Section 28)

 According to the Indian Forests Act, 1927, the State Government can give the rights to any village group,
which the Government has over any land which has been reserved.
 Rules for regulating the management of the forest to be made by the State Government. In this type, two
interchangeably terms are used- one is the village forest itself and the other one is a forest village, and both
are different from each other.

Protected Forests (Section 29)

 The third most classification is “protected forest”. The Indian Forest Act empowers the State Government to
use any land as protected forest.
 It must be noted that these forests are not reserved under the state government. A protected forest can be a
reserved forest but a reserved forest cannot be a protected forest. Under these forests, the Government has
the power to make rules and restrict uses of the forest

What is biodiversity?

 The word ‘biodiversity’ is a portmanteau of the words ‘bio’ and ‘diversity’. It means the variety and
variation in life forms like plants, animals, microorganisms, or an insect found within the biosphere.
 It includes microscopic single-celled organisms as well as highly complex organisms. It is the existence of
these different plants, animals, habitats, ecosystems that make our planet so unique and our life interesting.
 The ecosystem we live in would not be possible without biodiversity. We depend on biodiversity for
satisfying our basic needs for survival like food, clothing and shelter.
 India occupies only 2 per cent of the available landmass but harbours 8 per cent of the world’s diversity. It
is one of the 17 megadiverse countries in the world. The number of varied terrains and climates existent on
the Indian subcontinent is unique and home to more than 50,000 species of plants and 40,000 species of
animals. With a long coastline of 7516 km and the land frontier of 15000 km, it is one of the richest
countries in terms of biodiversity.
 The Biodiversity Act, 2002 also did the task of filling the gap in the legislation left by the previous environmental
legislations like the Indian Forest Act, 1927, Wildlife Protection Act, 1972, Environment Protection Act, 1986.
 The Act was enacted to regulate the use and exploitation of biological resources of the country. The purpose was to
protect the knowledge of biodiversity held by the local communities

The role of NGO's in protecting the environment

 “A non-governmental organization’s (NGO’s) is any non-profit, voluntary citizens’ groups which is

organized on a local, national or international level.
 Task orientated and driven by people with a commoninterest, NGOs perform a variety of service and
humanitarian functions, bring citizens concerns to the government, advocate and monitor policies and
encourage political participation through provisions of information.
 Some are organized around specific issues, such as human rights, environment or health. They provide
analysis and expertise, serve as early warning mechanisms and help monitor and implement international
arguments”.

Role of NGO’S in Protection for the Environment in India

The NGO’s constitute a world wide net work interacting with Governments and Internal intergovernmental
organization in shaping international environmental policies;-
 Creating awareness among the public on current environmental issues and solutions.
 Facilitating the participation of various categories of stakeholders in the discussion on environmental issues.
 Conducting participatory rural appraisal.
 Being involved in the protection of human rights to have a clean environment.
 Protecting the natural resources and entrusting the equitable use of resources.
 Data generation on natural resources, time line history of villages
 Analysis and monitoring of environmental quality.
 Transferring information through newsletters, brochures, articles, audio visuals, etc.
 Organizing seminars, lectures and group discussion for promotion of environmental awareness.

Ozone Depletion

 ozone depletion, gradual thinning of Earth’s ozone layer in the upper atmosphere caused by the release of
chemical compounds containing gaseous chlorine or bromine from industry and other human activities.
 The thinning is most pronounced in the polar regions, especially over Antarctica. Ozone depletion is a major
environmental problem because it increases the amount of ultraviolet (UV) radiation that reaches Earth’s
surface, which increases the rate of skin cancer, eye cataracts, and genetic and immune system damage.
 The Montreal Protocol, ratified in 1987, was the first of several comprehensive international agreements
enacted to halt the production and use of ozone-depleting chemicals. As a result of continued international
cooperation on this issue, the ozone layer is expected to recover over time.
 Ozone depletion consists of two related events observed since the late 1970s: a steady lowering of about
four percent in the total amount of ozone in Earth's atmosphere (the ozone layer), and a much larger
springtime decrease in stratospheric ozone around Earth's polar regions.[1] The latter phenomenon is referred
to as the ozone hole.
 There are also springtime polar tropospheric ozone depletion events in addition to these stratospheric events.
 The main causes of ozone depletion and the ozone hole are manufactured chemicals, especially
manufactured halocarbon refrigerants, solvents, propellants, and foam-blowing agents (chlorofluorocarbons
(CFCs), HCFCs, halons), referred to as ozone-depleting substances (ODS).

Acts prohibited in reserve forests

26.(1) Any person who, in a reserved forest-

 kindles, keeps or carries any fire except at such seasons as the Forest-Officer may notify in this behalf.
 trespasses or pastures cattle, or permits cattle to trespass;
 causes any damage by negligence in felling any tree or cutting or dragging any timber;
 quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any
forest produce other than timber; or who enters a reserved forest with fire arms without prior permission
from the Divisional Forest Officer concerned,

shall be punishable with imprisonment for a term which may extend to six months and shall also be liable to
fine which may extend to two thousand Taka, in addition to such compensation for damage done to the forest as
the convicting Court may direct to be paid.

(1A) Any person who

 makes any fresh clearing prohibited by section 5; or

 removes any timber from a reserved forest; or
 sets fire to a reserved forest, or, in contravention of any rules made by the Government in this behalf,
kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest; or who, in a
reserved forest
 fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from or otherwise damages, the
same;
 clears or breaks up any land for cultivation or any other purpose 2[or cultivates or attempts to cultivate any
land in any other manner];
 in contravention of any rules made in this behalf by the Government, hunts, shoots, fishes, poisons water or
sets traps or snares; or
 establishes saw-pits or saw-benches or converts trees into timber without lawful authority,

shall be punishable with imprisonment for a term which may extend to five years and shall not be less than six
months, and shall also be liable to fine which may extend to fifty thousand Taka and shall not be less than five
thousand Taka, in addition to such compensation for damage done to the forest as the convicting Court may
direct to be paid.

Objectives of environment protection act, 1986?

Environment Protection Act

 The Environment Protection Act was enforced in the year 1986 with the aim to protect and improve the
environment and matters associated with it.
 The Environmental Laws (Amendment) Bill is a draft of the proposed amendment in Environment
protection Act 1986 and the National Green Tribunal Act of 2010.
 The amendments are done with an objective of providing for an effective deterrent penal provisions and
introducing the concept of a monetary penalty for violations and contraventions.

Objectives of this Environment Protection Act

 To protect and improve the environment and environmental conditions.

 To implement the decisions made at the UN Conference on Human Environment that was held in
Stockholm in the year 1972.
 To take strict actions against all those who harm the environment.
 To enforce laws on environment protection in the areas that are not included by the existing laws.
 To give all the powers to the Central Government to take strict measures in favour of environmental
protection.

Causes of Marine Pollution

 Marine pollution has been an ever-present problem since the advent of large-scale agricultural activity and
industrialization. However, significant laws and regulations at an international level to tackle the problem
came only in the mid-twentieth century
 During United Nations Conventions on the Law of the Sea in the early 1950s, the various stakeholders come
together to deliberate and formulate laws pertaining to marine pollution
 The marine environment becomes polluted and contaminated through various sources and forms. Major
sources of marine pollution are the inflow of chemicals, solid waste, discharge of radioactive elements,
industrial and agricultural effluents, man-made sedimentation, oil spills, and many such factors.
 The majority portion of the marine pollution comes from the land that contributes to 80 percent of the
marine pollution, air pollution also carries pesticides from farms and dust into the marine waters.
 Air and land pollution is a major contributor to the growing marine pollution that is not only hampering the
aquatic ecology but also affecting the life on land.
 The non-point sources like wind-blown debris, agricultural runoff, and dust become the major source of
pollution. Apart from these, factors like land runoff, direct discharge, atmospheric pollution, pollution
caused by ships, and deep sea mining of natural resources contribute heavily.

Public Liability Insurance?

 The Public Liability Insurance Act 1991, provides for mandatory Public Liability Insurance. Under the Act,
companies need to take for installing, handling any hazardous substance notified under the Environment
Protection Act.
 The growth of hazardous industries, processes and operations in India has been accompanied by growing
risks of accidents, not only to the workmen of such undertakings, but also members of the public in the
vicinity.
 Therefore, under Public Liability Insurance Act 1991, every owner, before starting to handle any hazardous
substance, have to take out one or more policies covering liabilities for providing immediate relief on a
specified scale to any person suffering injury or damage to property, in the event of death, to the legal heirs
of the deceased.
 The Public Liability Insurance Act, 1991, has been enacted for providing immediate relief to the persons
affected by accidents, occurring while handling any hazardous substance and for other incidental and
connected matters.

Reserved Forests

 The reserved forests are dealt with in Chapter II of the Act ranging from section 3 to 27. In simple words,
any forest land or waste land to which the government has the ownership is a reserved forest.
 These forests are restricted as the Government has proprietary rights over the land. The use of the reserved
forests is prohibited to the local people unless they have a permission by the government.
 The area of land is declared to be a reserved forest when the Government issues a preliminary notification
under section 4 of the Act declaring that such a land is to be constituted as a reserved forest and the Forest
Settlement Officer settles all the rights either by admitting or rejecting them.
 Section 26 of the IFA, 1927 deals with the prohibition of a number of activities including grazing, tree
felling, burning, quarrying, hunting etc. in the forest.
 The penalty for the violation of the provisions of section 26 is imprisonment for a term which may extend to
two years or with fine which may extend to Rs. 20,000 but which shall not be less than Rs. 5000.

National Wildlife Board

 An amendment was made to the Wildlife Act in 2002. The National Board of Wildlife is a ‘Statutory
Organization’ which has been constituted under Section 5A of the Wildlife Protection Act, 1972. The Board
was constituted in 2003 by the Central Government. It replaced the Indian Board for Wildlife.
 The Board is of advisory nature and gives recommendation to the Central Government in matters of framing
policies. It also advises on measures to be adopted for conservation of wildlife across the country.

Powers

1. It has the power of reviewing all wildlife-related matters.

 2. It has the power to approve projects in and around national parks and sanctuaries.
3. No alteration of the boundaries of national parks and wildlife sanctuaries can be done without the
permission of the National Board.
4. The Wildlife Act mandates that without the approval of the National Board, de-notification of Tiger
Reserves, construction of tourist-lodges and destruction/diversion of wildlife habitat cannot take place.

Functions

1. The functions of the National Board are laid down in Section 5C of the Act. They are as follows:
2. To promote the conservation and development of wildlife and forests through any measures that the
National Board deems fit.
3. Effectively controlling poaching and illegal trade of wildlife and products of the same
4. Taking steps to assess the impact of various projects and activities related to wildlife or its habitat.
5. Reviewing the progress of wildlife conservation and suggesting steps for its improvement.
6. Recommending the establishment of national parks, sanctuaries and other protected areas as well as
measures to restrict human activities in these areas.
7. Preparing and publishing a status report once in two years of the wildlife in the country.