Chapter - 52

Environmental Law
Introduction
The term environment is difficult to define. Its normal meaning relates to surroundings but obviously
that is a concept which is relatable to whatever object it is which is surrounded. Einstein had once
observed “the environment is everything that isn’t me.” “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. According to S.2(a) of the Environment
Protection Act, 1986,. This definition is inclusive in nature which basically encompasses
fundamental components of environment and its associates, living or non-living beings vis-à-vis
human beings. Here comes the role of law to regulate the conduct of human beings which are
directly or indirectly affecting the environment. Human beings are dependent on environmental
resources which are scarce in nature to fulfill their basic needs and progress. This leads human
beings to utilize and sometimes overexploit the resources and as a result they end up engaging in
activities which are unsustainable, degrading, and detrimental to environment due to the greed of
becoming more and more prosperous. So, after the industrialization, the exploitation of the
environmental resources increased multifold. It is sure that for the progress of society as whole
industries are required. So, if for progress of the society industry is necessary, pollution and
degradation environmental resources are inevitable. Since progress and pollution go together there
can be no end of progress and consequently no escape from pollution. If industry is a necessary evil
pollution surest sufferance.
The earth’s expanding human population and industrial growth have been known to cause serious
environmental disasters. At the start of 2024, India’s population reached 1.44 billion. Due to the
population pressure and the race of economic development, India pushes ahead with aggressive
industrial development. As a result, thousands of industrial clusters nationwide produce enormous
amounts of untreated toxic waste that often end up in rivers, lakes, forests, and landfills and
ultimately in oceans polluting the soil and water bodies and disturbing aquatic and marine life which
has serious consequences in terms of creating ecological imbalance. This unsustainable use of natural
resources pollutes the air as well by smoke and gases causing various airborne diseases. The release
of Greenhouse gases like Carbon Dioxide, methane, and Nitrous oxide by these industrial and
domestic activities due to the excessive use of fossil fuels causes serious climate change problem
which in turn results into various natural calamities like cyclone, forest fire, acid rain, cloud burst,
uneven rainfalls among others.
Need for Environmental Law
Environmental laws are essential to protect and conserve natural resources, safeguard ecosystems,
and ensure human health and well-being. They provide a legal framework for regulating human
activities that may harm the environment, such as pollution, deforestation, habitat destruction, and
overexploitation of resources. Environmental laws also promote sustainable development by
balancing economic growth with environmental conservation. Additionally, they facilitate
international cooperation and coordination to address global environmental challenges such as
climate change, biodiversity loss, and air and water pollution. In summary, environmental laws are
necessary to maintain ecological balance, preserve biodiversity, and safeguard the planet for current
and future generations.
Need for the Environment Protection in India
The need for stringent legislation for environment protection was felt in India because of the
following reasons:
1. The first was the UN Conference on Human Environment in Stockholm popularly known as
Stockholm Conference (1972) which highlighted internationally; the impact human activities
 were having on the environment. It depicted that environmental degradation is a global issue.
Development and the environment were at crossroads with each other and the conference brought
into focus the urgency of their reconciliation for the benefit of humanity and the planet as a
whole. The Stockholm Conference motivated countries around the world to monitor
environmental conditions as well as to create environmental ministries and agencies. That was
followed by Brundtland Report, was published in October 1987 This publication was in
recognition of Gro Harlem Brundtland, former Norwegian Prime Minister and Chair of the
World Commission on Environment and Development (WCED).

2. The second was the Bhopal Gas Disaster, it was about the leak of methyl isocyanate gas in the
year 1984 from a Bhopal based pesticide plant- Union Carbide India Limited (UCIL), owned and
a subsidiary of the U.S. based Union Carbide Corporation that proved to be fatal for the people
around and the environment. This incident underlined the importance of regulating the industries
so that they do not get away easily from the punishment of causing harm to the environment.

Relevant Environmental Legislations and Regulations

Following are the some of the important Environmental Legislation for the protection and
preservation of the environment in India:
1. Constitution of India, 1950 (articles 21, 48A, 51A(g))
2. Environmental Protection Act, 1986
3. The Wildlife (Protection) Act, 1972
4. Water (Prevention and Control of Pollution) Act, 1974
5. Water (Prevention and Control of Pollution) Cess Act, 1977
6. Air (Prevention and Control of Pollution) Act, 1981
7. The Forest (Conservation) Act, 1980
8. The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985
9. Factories Act, 1948 and its Amendment in 1987
10. Public Liability Insurance Act (PLIA), 1991
11. National Environment Tribunal Act, 1995
12. The National Environment Appellate Authority Act, 1997
13. The Biological Diversity Act (2002)
14. The National Environment Policy (2006)
15. The National Green Tribunal Act, 2010
Environment Protection-From Indian Constitution Perspective: The State's responsibility with
regard to environmental protection has been laid down under Article 48A of our constitution, which
reads as follows: "The State shall endeavor to protect and improve the environment and to safeguard
the forests and wildlife of the country". Environmental protection is a fundamental duty of every
citizen of this country under Article 51A (g) of our constitution which reads as follows: "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."
Article 21 of the Constitution is a fundamental right which reads as follows: "No person shall be
deprived of his life or personal liberty except according to procedure established by law."
Article 48A of the constitution comes under directive principles of State policy and Article 51A(g) of
the constitution comes under fundamental duties.
Legal Framework: Environmental Protection:
India has an elaborate legal framework with over two hundred laws relating to environmental
protection2. Key national laws for the prevention and control of industrial and urban pollution
include the following:
The Wildlife (Protection) Act, 1972: Provides for protection to listed species of flora and fauna and
establishes a network of ecologically- important protected areas. The WPA empowers the central and
state governments to declare any area a wildlife sanctuary, national park, or closed area.
Water (Prevention and Control of Pollution) Act, 1974: Prohibits the discharge of pollutants into
water bodies beyond a given standard, and lays down penalties for non-compliance. The act was
amended in 1988 to conform closely to the provisions of the EPA, 1986. It sets up the CPCB
(Central Pollution Control Board) which lays down standards for the prevention and control of water
and Air pollution. At the state level, the SPCBs (State Pollution Control Board) function under the
direction of the CPCB and the state government.
Water (Prevention and Control of Pollution) Cess Act, 1977: Provides for a levy and collection of
a cess on water consumed by industries and local authorities. It aims at augmenting the resources of
the central and state boards for prevention and control of water pollution. the water (prevention and
control of pollution) cess rules were formulated in 1978 for defining standards and indications for the
kind of and location of meters that every consumer of water is required to install.
The Forest (Conservation) Act, 1980: restricts the powers of the state in respect of de-reservation
of forests and use of forestland for non-forest purposes.
Air (Prevention and Control of Pollution) Act, 1981:It means to maintain ambient air quality
standards, works for the control and abatement of air pollution, prohibits the use of polluting fuels
and substances, and regulates appliances that give rise to air pollution. It empowers the central and
state pollution control boards to meet grave emergencies. The boards were authorized to take
immediate measures to tackle such emergencies and recover the expenses incurred from the
offenders. The power to cancel consent for non-fulfillment of the conditions prescribed has also been
emphasized in the Air Act.
The Air (Prevention and Control of Pollution) Rules, 1982: Defines the procedures for
conducting meetings of the boards, the powers of the presiding officers, decision-making, the
quorum; manner in which the records of the meeting were to be set etc.
The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985- This Act was enacted post the
horrendous Bhopal Gas Leakage disaster. It conferred certain powers on the Central Government to
secure the claims arising out of, or connected with, the Bhopal gas leak disaster to deal with speedily,
effectively, equitably and to the best advantage of the claimants and for matters incidental thereto.
Environment (Protection) Act, 1986 (EPA):It is considered to be the umbrella legislation in the
field of environment protection due to its holistic and cumbersome coverage of environmental
matters. An Act to provide for the protection and improvement of environment and for matters
connected therewith. It provides a framework for the co-ordination of central and state authorities
established under the water (prevention and control) act, 1974 and air (prevention and control) act,
1981 and the central government is empowered to take measures necessary to protect and improve
the quality of the environment by setting standards for emissions and discharges; regulating the
location of industries; management of hazardous wastes, and protection of public health and welfare.
U/S 3 of the Act the Central Government is empowered to take measures to protect and improve
environment: Subject to the provisions of this act, the central government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing, controlling, and abating environmental
pollution.
Environment Impact Assessment (EIA):U/S 3 of the Act the central government notifies the legal
mandate of environmental clearance of big projects. EIA is a decision-making tool that assesses the
positive and negative environmental, economic, and social impacts of a project. It aims to predict
these impacts during the pre-planning stage so that measures can be taken to reduce adverse effects.
So far Central Govt. came up with such notifications in 1994, 2006 and latest one in 2020.
Factories Act, 1948 and its Amendment in 1987: The Act contains a comprehensive list of 29
categories of industries involving hazardous processes, which are defined as a process or activity
where unless special care is taken, raw materials used therein or the intermediate or the finished
products, by-products, wastes, or effluents would cause material impairment to health of the persons
engaged and wouldresult in the pollution of the general environment.
Public Liability Insurance Act (PLIA), 1991: This law mandates industrial units handling
hazardous substances to take out insurance policies to cover the liability for damages arising from
accidents related to such substances.
National Environment Tribunal Act, 1995: The act provided strict liability for damages arising out
of any accident occurring while handling any hazardous substance and for the establishment of a
national environment tribunal for effective and expeditious disposal of cases arising from such
accident, with a view to give relief and compensation for damages to persons, property, and the
environment and for the matters connected therewith or incidental thereto.
The National Environment Appellate Authority Act, 1997: Establishment of a national
environment appellate authority to hear appeals with respect to restriction of areas in which any
industry operation or process or class of industries, operations or processes could not carry out or
would be allowed to carry out subject to certain safeguards under the environment (Protection) Act,
1986.
The Biological Diversity Act (2002): It seeks to conserve biological diversity in India by regulating
access to biological resources and ensuring the fair and equitable sharing of benefits arising from
their use.
The National Environment Policy (2006): It outlines the principles and priorities for sustainable
development and environmental conservation in India, aiming to integrate environmental
considerations into all sectors of decision-making.
The National Green Tribunal Act, 2010: National Green Tribunal (NGT) is a statutory body
established by the Government Notification using the powers of Section 3 of the NGT Act, 2010 that
deals with the expenditures disposal of case related to environmental protection and other natural
resources. It was established in concurrence with Rio Summit 1992 to provide judicial and
administrative remedies for the victims of the pollutants and other environmental damages.
It also agrees with Article 21, the right to a healthy environment for its citizens of the constitution.
The NGT deals with civil cases under the seven-act related to the environment, these includes: The
Water (Prevention and Control of Pollution) Act, 1974, The Water (Prevention and Control of
Pollution) Act, 1977. The Forest (Conservation) Act, 1980, The Air (Prevention and Control of
Pollution) Act 1981, The Environment Act, 1986, The Public Liability Insurance Act, 1991 and The
Biological Diversity Act, 2002.
Structure of NGT
The Tribunal is headed by the Chairperson who Sits in the Principal Bench and has at least ten but
not more than twenty judicial members and at least ten but not more than twenty expert members.
Powers and Jurisdiction
The Tribunal has jurisdiction over all civil cases involving a substantial question relating to
environment and the question. Additionally, any person aggrieved by an order/direction of any of the
Appellate Authorities under the legislations (mentioned above) can also challenge them before the
National Green Tribunal.
Principles of NGT
As per Section 20 of the NGT Act, 2010, while passing any order, decision, or award, the Tribunal
Shall apply three core principles such as, Principles of Sustainable Development, Precautionary
Principle and Polluter Pays Principle.
The Solid Waste Management Rules (2016): These rules provide a framework for the management
of solid waste, including segregation, collection, transportation, processing, and disposal, with an
emphasis on waste minimization and recycling.
The E-Waste (Management and Handling) Rules (2016): These rules regulate the management
and handling of electronic waste to ensure its environmentally sound recycling and disposal, reduce
the adverse impact on human health and the environment.
The Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules (2016):
These rules govern the management, handling, and disposal of hazardous waste to minimize its
adverse impact on human health and the environment.
Regulatory Authorities: Various regulatory bodies and authorities, such as the Ministry of
Environment, Forest, and Climate Change (MoEFCC), Ministry of New and Renewable Energy, and
the Central Pollution Control Board (CPCB), enforce environmental laws and regulations at the
national level. Additionally, State Pollution Control Boards (SPCBs) oversee environmental
compliance at the state level.

Judiciary and the Environment

The Indian judiciary plays a significant role in environmental protection through public interest
litigation (PIL) and judicial activism. Landmark judgments, such as those related to vehicular
pollution, industrial pollution, and forest conservation, have shaped environmental jurisprudence in
India.

Important case laws related to environmental matters in brief:

1. Vellore Citizens Welfare Forum v. Union of India (AIR 1996 SC 2715)

o The Supreme Court critically analyzed the relationship between environment and
development.
o The petitioner filed a Public Interest Litigation against large-scale pollution caused to
River Palar due to untreated effluents from tanneries and other industries in Tamil
Nadu.
o The court emphasized maintaining harmony between environment and development.
o Tanneries were directed to deposit a fine, and Mr. M. C. Mehta was awarded
appreciation for his efforts in environmental protection.
2. M. C. Mehta v. Union of India (Ganga River Pollution Case) ((1997) 2 SCC 353)
o A landmark case addressing pollution in the Ganges River.
o The court ordered the closure of hazardous industries along the river and the
implementation of pollution control measures.
3. Andhra Pradesh Pollution Control Board v. M. V. Nayadu (AIR 1999SC 812)
o The court held that the polluter must pay for environmental damage.
o The principle of “polluter pays” was established.
4. S Jagannath v. Union of India(1997) 2 SCC 87)
o The court addressed the issue of unauthorized mining in forest areas.
o It emphasized the importance of environmental conservation.
5. Goa Foundation v. Konkan Railways Corporation (AIR 1992 BOM 471)
o The court dealt with environmental concerns related to railway construction.
o It highlighted the need for sustainable development.
6. Narula Dyeing and Printing Works v. Union of India (AIR 1995 GUJ 185)
o The Supreme Court held that industries causing pollution must bear the cost of
environmental protection.
o The “polluter pays” principle was reiterated1.
 7. Indian Council for Enviro-Legal Action v. Union of India (AIR 1996 SC 1446)
o The court emphasized the need for environmental education and awareness.
o It highlighted the importance of public participation in environmental matters.
8. Bombay Environmental Action Group v. State of Maharashtra (AIR 1991 BOM 301)
o The court addressed the issue of unauthorized construction in ecologically sensitive
areas.
o It upheld the need for environmental conservation.
9. M. C. Mehta v. Union of India (Shri Ram Food and Fertilizers Case / Oleum Gas
Leakage Case) ((1986) 2 SCC 176)
o A significant case related to the Bhopal gas tragedy.
o The court ordered compensation for victims and highlighted corporate liability for
environmental disasters1.
10. M. C. Mehta v. Union Carbide Commission ((1991) 4 SCC 584)
o This case dealt with the Bhopal gas leak disaster.
o It emphasized the importance of holding corporations accountable for environmental
harm1.
11. Sachidanad Pandey v. State of West Bengal -(1987) 2 SCC 295
o The court addressed the issue of illegal mining in forest areas.
o It underscored the need for sustainable development and environmental protection 1.
12. Tarun Bharat Sangh, Alwar v. Union of India- 1998 SUPP (3) SCC 115
o A case related to water conservation and the protection of traditional water
management systems.
o The court recognized the significance of community-based environmental efforts.
13. Pradeep Krishnen v. Union of India- 1996 (8) SCC 599
o The court dealt with the issue of hazardous waste management.
o It emphasized proper disposal and handling of toxic substances.
14. Ivory Traders and Manufacturers Association v. Union of India- AIR 1997 DEL 267
o A case related to the ban on ivory trade.
o The court upheld wildlife conservation and protection.
15. Animal and Environmental Legal Defense Fund v. Union of India- AIR 1997 SC 107
o The court addressed animal welfare and environmental concerns.
o It highlighted the need for humane treatment of animals.
16. Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1989 Supl. (1) SCC
504
o The court applied this doctrine for the first time, recognizing the need to balance
economic progress with environmental protection.
o The judgment highlighted that environmental concerns must be weighed against
industrial needs.
17. Pahwa Plastics Pvt. Ltd. v. Union of India (March 22, 2022)
o The Supreme Court’s judgment in this case marked a departure from its usual
approach. The court considered whether an establishment that had applied for ex post
facto environmental clearance could be closed pending issuance of the clearance, even
if it complied with required norms. This decision has implications for environmental
law enforcement.

18. Mining Activities in Eco-Sensitive Zones (February 27, 2024)

o The Supreme Court directed that mining activities should be prohibited in areas
notified as eco-sensitive zones (ESZ) and within a radius of one kilometer from
protected forests. This decision aims to protect sensitive ecosystems.

International Agreements and Conventions: India is a signatory to various international

agreements and conventions related to environmental protection and conservation, including the
United Nations Framework Convention on Climate Change (UNFCCC), the Convention on
Biological Diversity (CBD), and the Paris Agreement.

1. United Nations Framework Convention on Climate Change (UNFCCC): Adopted in

1992, the UNFCCC is a landmark international treaty aimed at addressing climate change. It
sets out the framework for global cooperation to stabilize greenhouse gas concentrations in
the atmosphere.
2. Kyoto Protocol: Established in 1997 as an extension of the UNFCCC, the Kyoto Protocol
introduced binding targets for industrialized countries to reduce their greenhouse gas
emissions. It was the first international agreement to set legally binding obligations on
countries to combat climate change.
3. Paris Agreement: Adopted in 2015 under the UNFCCC, the Paris Agreement aims to
strengthen the global response to climate change. It sets out goals to limit global warming to
well below 2 degrees Celsius above pre-industrial levels, with efforts to limit it to 1.5 degrees
Celsius.
4. Convention on Biological Diversity (CBD): Established in 1992, the CBD aims to conserve
biological diversity, ensure the sustainable use of its components, and promote the fair and
equitable sharing of benefits arising from genetic resources.
5. Montreal Protocol on Substances that Deplete the Ozone Layer: Adopted in 1987, the
Montreal Protocol is an international treaty aimed at phasing out the production and
consumption of ozone-depleting substances such as chlorofluorocarbons (CFCs) and halons.
6. Stockholm Convention on Persistent Organic Pollutants (POPs): Adopted in 2001, the
Stockholm Convention aims to eliminate or restrict the production and use of persistent
organic pollutants, which pose serious threats to human health and the environment.
7. Conference of the Parties (COP): COP refers to the annual meetings of the parties to the
UNFCCC, where countries come together to negotiate and discuss climate policies,
agreements, and actions to address climate change on a global scale.

Summits

Earth Summits, also known as United Nations Conferences on Environment and Development
(UNCED), are major international gatherings that focus on addressing environmental issues and
promoting sustainable development. Here is a brief overview:

1. Rio Earth Summit (1992): The Rio Earth Summit, held in Rio de Janeiro, Brazil, was a
landmark event that brought together world leaders, government officials, and non-
governmental organizations to address pressing environmental and development challenges.
The summit resulted in the adoption of key agreements, including the United Nations
Framework Convention on Climate Change (UNFCCC), the Convention on Biological
Diversity (CBD), and the Rio Declaration on Environment and Development. It also led to
the creation of Agenda 21, a comprehensive plan of action for sustainable development.

2. Rio+5 (1997): This conference, officially known as the Special Session of the United Nations
General Assembly to Review and Appraise the Implementation of Agenda 21, assessed
progress made since the Rio Earth Summit in implementing sustainable development goals. It
emphasized the need for renewed commitment and accelerated action to address
environmental and development challenges.

3. Rio+10 (2002): Also known as the World Summit on Sustainable Development (WSSD),
Rio+10 was held in Johannesburg, South Africa. The summit aimed to review progress on
sustainable development since the Rio Earth Summit and set new goals and strategies for
addressing poverty, environmental degradation, and social inequity.

4. Rio+20 (2012): The United Nations Conference on Sustainable Development, or Rio+20,

took place in Rio de Janeiro, Brazil, marking the 20th anniversary of the original Earth
Summit. The conference focused on the themes of green economy and sustainable
development goals, with an emphasis on poverty eradication, social inclusion, and
environmental protection. The outcome document, titled "The Future We Want," reaffirmed
commitments to sustainable development and outlined pathways for achieving global
sustainability goals.