Environmental Law

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Jigar Ashar
STUDENT, HVPS COLLEGE OF LAW
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law

Module - 1:
Q. Definitions: (2m / 6m)
• Environment:
o In environmental law in India, the term “environment” is defined
broadly to encompass various elements and aspects.
o The primary legislation that provides a definition of the environment in
the Indian context is the Environment (Protection) Act, 1986.
o According to Section 2(a) of the Act, “environment” includes:

i. Water, air, and land, and the inter-relationship between water,

air, and land;
ii. The organisms, including human beings, plants, microorganisms,
and animals; and
iii. The natural and man-made structures, buildings, and other
physical properties.
o This definition highlights the comprehensive nature of the
environment, encompassing the physical elements such as water, air,
and land, as well as the living organisms and their interdependence. It
recognizes the interconnectedness of the environment and the need to
protect and preserve its various components.
• Environment Pollutant:
o The term “environmental pollutant” is defined under the Environment
(Protection) Act, 1986. The Act provides a comprehensive definition of
the term to encompass various substances and factors that can cause
pollution and harm to the environment.
o According to Section 2(a) of the Act, “environmental pollutant”
means:
i. Any solid, liquid, or gaseous substance present in such
concentration as may be or tend to be injurious to the
environment or any part of it;
ii. Any noise, heat, or radiation or any other form of energy present
in such magnitude as may be or tend to be injurious to the
environment or any part of it.
o This definition encompasses a wide range of substances and factors
that can have detrimental effects on the environment, including air
pollutants, water pollutants, solid waste, noise, heat, radiation, and
other forms of energy. The definition is inclusive and recognizes that
pollutants can be in various physical states (solid, liquid, or gaseous)
and can have both tangible and intangible manifestations.

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• Air Pollution:
o Air pollution refers to the presence of harmful substances or pollutants
in the air that can adversely affect human health, the environment, and
the well-being of other living organisms. Common air pollutants
include particulate matter (PM), nitrogen oxides (NOx), sulfur dioxide
(SO2), carbon monoxide (CO), ozone (O3), volatile organic compounds
(VOCs), and heavy metals.
o Sources of air pollution in India include vehicular emissions, industrial
activities, burning of fossil fuels, construction, and agricultural practices.
• Noise Pollution:
o Noise pollution is the excessive or unwanted sound that disrupts the
natural acoustic environment and negatively impacts human health and
well-being. It can disturb sleep patterns, cause stress, and lead to
various physiological and psychological effects.
o Noise pollution in India arises from transportation (road, rail, air),
construction activities, industries, and commercial establishments.
• Land Pollution:
o Land pollution, also known as soil pollution, refers to the degradation
of the soil’s quality and fertility due to the presence of harmful
substances or chemicals. It can be caused by improper disposal of solid
waste, excessive use of chemical fertilizers and pesticides, industrial
effluents, and mining activities.
o Land pollution can lead to reduced agricultural productivity, harm to
plants and animals, and contamination of groundwater resources.

Q. Environment Protection Act, 1986: (6m / 13m)

• The Environment Protection Act (EPA) is an important environmental
legislation in India enacted to protect and conserve the environment and
prevent and control pollution. It was passed by the Parliament of India in 1986
and provides a framework for the management of environmental issues in the
country.
• Let’s delve into its key aspects:
o Definition: The Environment Protection Act defines the environment
broadly to include water, air, and land, as well as the interrelationship
between water, air, and land, and human beings, other living creatures,
plants, microorganisms, and property.
o Objectives: The primary objectives of the EPA are to protect and
improve the environment, prevent and control environmental pollution,
and mitigate the adverse impact of human activities on the
environment.

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o Regulatory Authorities: The EPA establishes the Central Pollution
Control Board (CPCB) at the central level and State Pollution Control
Boards (SPCBs) at the state level. These bodies are responsible for
implementing and enforcing the provisions of the Act, issuing
guidelines, and granting permits and consents for certain activities that
may have environmental implications.
o Offences and Penalties: The EPA outlines various offences and
penalties for non-compliance with its provisions.
§ Some common offences under the Act include:
§ Violation of emission standards: Any person or industry
that exceeds the prescribed limits for emissions of
pollutants can be held liable.
§ Unauthorized handling of hazardous
substances: Unauthorized handling, transportation,
import, export, storage, or disposal of hazardous
substances, including hazardous waste, is an offence.
§ Failure to comply with pollution control
measures: Industries and individuals failing to comply
with the pollution control measures and standards
specified under the Act can be penalized.
§ Non-compliance with environmental clearance: Any
activity that requires a prior environmental clearance,
such as setting up industries or projects in ecologically
sensitive areas, without obtaining the necessary
clearances is an offence.
§ Non-compliance with directions: Non-compliance with
the directions issued by the regulatory authorities under
the Act, including those related to pollution control and
environmental management, can attract penalties.

Q. Environmental Law – Meaning and Purpose (6m / 13m)

• The Environment Protection Act, 1986, is a significant environmental
legislation in India that was enacted to address various environmental issues
and concerns in the country. The main purpose of this act is to provide a
framework for the protection and improvement of the environment and the
prevention and control of environmental pollution.
• Here’s a closer look at the meaning and key objectives of the Environment
Protection Act, 1986:
o Meaning:
§ The Environment Protection Act, 1986, is a comprehensive law
that empowers the central government of India to take

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necessary measures to protect and improve the quality of the
environment and prevent and control pollution. It enables the
government to create rules, regulations, and standards to
address various environmental issues and enforce them
effectively.
o Purpose:
§ The primary objectives of the Environment Protection Act,
1986, are as follows:
§ Environmental Pollution Control: The act aims to
control and abate environmental pollution caused by
various sources, including industries, vehicles, and human
activities. It provides the government with the authority to
prescribe standards for emissions and discharges of
pollutants
§ Environmental Impact Assessment (EIA): The act
mandates the assessment of potential environmental
impacts before starting any new industrial or
development project. This process helps in evaluating the
potential environmental consequences of proposed
projects and identifying measures to mitigate adverse
impacts.
§ Coordination of Environmental Policies: The act
facilitates the coordination of environmental protection
policies and programs at the national level. It establishes
the Central Pollution Control Board (CPCB) to promote
and coordinate pollution control activities throughout the
country.
§ Handling Hazardous Substances: The act addresses the
handling, storage, and disposal of hazardous substances
to prevent accidents and minimize the risks associated
with such substances.
§ Penalties and Enforcement: The act empowers the
government to impose penalties on those who violate its
provisions. It also provides for the establishment of
environmental courts (National Green Tribunal) to handle
environmental-related disputes and ensure effective
enforcement of environmental laws.
§ International Obligations: The act enables India to fulfill
its international obligations under various environmental
treaties, agreements, and conventions.

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By Jigar Ashar, Student, HVPS College of Law
• The Environment Protection Act, 1986, has been instrumental in shaping
India’s approach to environmental conservation and management. It provides
the legal basis for various environmental regulations and initiatives in the
country, helping to protect natural resources, biodiversity, and public health
from the adverse effects of pollution and environmental degradation.

Q. Constitutional Provisions in India for Environmental Law (6m / 13m)

• In India, the primary constitutional provisions related to environmental law are
found in the Constitution of India itself.
• The relevant provisions are as follows:
o Article 48A: This provision was added to the Constitution by the 42nd
Amendment Act, 1976. It states that the State shall endeavour to
protect and improve the environment and safeguard the forests and
wildlife of the country.
o Article 51A(g): This provision was added to the Constitution by the
42nd Amendment Act, 1976. It imposes a fundamental duty on every
citizen of India to protect and improve the natural environment,
including forests, lakes, rivers, and wildlife, and to have compassion for
living creatures.
o Article 21: This article guarantees the fundamental right to life and
personal liberty. The Supreme Court of India has interpreted Article 21
to include the right to a healthy environment as a part of the right to
life.
o Article 253: This article empowers the Parliament of India to enact laws
for implementing international treaties and agreements. It allows the
Parliament to legislate on matters related to environmental protection
and conservation, which arise from India’s international commitments.
o Article 371A: This provision applies to the state of Nagaland and
grants certain special provisions for the protection of the natural
resources and environment of the state.
• In addition to these specific provisions, several other articles in the
Constitution indirectly relate to environmental protection and conservation.
These include Article 39(b), Article 47, and Article 48, which deal with the
directive principles of state policy and emphasize the duty of the State to
protect the environment and promote sustainable development.

Q. Environment, and its components? (6m / 13m)

• The environment is a complex system encompassing various natural and
human components. Each of these components plays a crucial role in shaping
the overall health and balance of the ecosystem.

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• Here are the key components of the environment:
o Waste Management: Waste management involves the collection,
transportation, disposal, and recycling of waste materials generated by
human activities. Proper waste management is essential to prevent
environmental pollution and to promote sustainable practices.
o Food Production: Food production refers to the processes involved in
growing, harvesting, processing, and distributing food. It involves
agricultural practices, aquaculture, and livestock farming, all of which
can have significant impacts on the environment.
o Water Reserves: Water reserves include surface water bodies such as
rivers, lakes, and reservoirs, as well as groundwater stored in aquifers.
These reserves are vital for supporting ecosystems, providing drinking
water, and sustaining various human activities.
o Pollution Control and Remediation: Pollution control involves
measures and regulations to reduce the release of harmful pollutants
into the environment. Remediation refers to the restoration of
contaminated sites to their original state or to a condition that is safe
for human health and the environment.
o Flora and Fauna: Flora refers to the plant life in a specific region,
including trees, shrubs, grasses, and other vegetation. Fauna refers to
the animal life, including mammals, birds, insects, and marine life. The
diversity and health of flora and fauna are essential indicators of
ecosystem health.
o Mining: Mining involves the extraction of minerals and other valuable
resources from the Earth’s crust. Unregulated or poorly managed
mining activities can lead to habitat destruction, pollution, and loss of
biodiversity.
o Emissions: Emissions are the release of various gases and particles into
the atmosphere, often associated with human activities like burning
fossil fuels, industrial processes, and deforestation. These emissions can
contribute to air pollution, global warming, and climate change.
o Construction: Construction activities involve the development of
infrastructure, buildings, and other structures. Proper planning and
construction practices are necessary to minimize environmental
impacts such as habitat destruction and resource consumption.
• Each of these components is interconnected and influences the overall state
of the environment. Sustainable environmental management involves finding
a balance between human needs and the preservation of natural resources
and ecosystems to ensure the well-being of both present and future
generations. Effective environmental policies and regulations, such as the

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Environment Protection Act, are crucial for safeguarding the environment and
promoting sustainable development.

Q. Factors Affecting the Quality of the Environment? (6m / 13m)

• Global Warming and Climate Change: The emission of greenhouse gases,
such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), from
human activities, particularly the burning of fossil fuels, deforestation, and
industrial processes, contributes to global warming. This leads to climate
change, causing disruptions in weather patterns, rising sea levels, extreme
weather events, and other environmental impacts.
• Air Pollution: Emissions from vehicles, industries, and power plants release
harmful pollutants into the air, such as particulate matter, sulfur dioxide (SO2),
nitrogen oxides (NOx), and volatile organic compounds (VOCs). These
pollutants can lead to respiratory problems, smog formation, and acid rain.
• Water Pollution: Discharge of untreated or poorly treated sewage, industrial
effluents, and agricultural runoff contaminates water bodies, leading to water
pollution. This affects water quality, aquatic life, and poses risks to human
health.
• Soil Pollution: The excessive use of chemical fertilizers, pesticides, and
improper waste disposal can contaminate soil, impacting soil fertility,
biodiversity, and agricultural productivity.
• Noise Pollution: Urbanization and industrialization contribute to noise
pollution, which can have adverse effects on human health, wildlife, and
ecosystems.
• Solid Waste Management: Improper disposal and inadequate waste
management result in the accumulation of solid waste, causing visual
pollution, environmental hazards, and health risks.

Q. Types of Pollutions (6m / 13m)

• Under the Environmental Law in India, several types of pollution are
recognized and regulated to protect the environment and public health.
• The major types of pollution covered under environmental laws in India
are as follows:
o Air Pollution: Air pollution is the presence of harmful substances in the
air, such as particulate matter (PM), nitrogen oxides (NOx), sulfur
dioxide (SO2), carbon monoxide (CO), volatile organic compounds
(VOCs), and other pollutants. It is mainly caused by industrial emissions,
vehicular exhaust, and burning of fossil fuels.
o Water Pollution: Water pollution refers to the contamination of water
bodies, such as rivers, lakes, and groundwater, by harmful substances

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like sewage, industrial effluents, agricultural runoff, and chemical
pollutants. It poses serious threats to aquatic life and human health.
o Soil Pollution: Soil pollution is the degradation of soil quality due to
the accumulation of pollutants like heavy metals, chemicals, and
agricultural residues. Improper waste disposal, excessive use of
pesticides and fertilizers, and industrial activities contribute to soil
pollution.
o Noise Pollution: Noise pollution is the presence of excessive or
disturbing noise in the environment, often caused by urbanization,
transportation, industrial activities, and construction. It can lead to
various health issues and disturb wildlife.
o Radioactive Pollution: Radioactive pollution is the presence of
radioactive substances in the environment, usually from nuclear power
plants, nuclear testing, and improper disposal of radioactive waste. It
poses significant risks to human health and the ecosystem.
o Thermal Pollution: Thermal pollution occurs when the temperature of
water bodies increases significantly due to the discharge of heated
water from industrial processes or power plants. It can disrupt aquatic
ecosystems and reduce the dissolved oxygen levels in water.
o Plastic Pollution: Plastic pollution is the accumulation of plastic waste
in the environment, particularly in oceans and water bodies. It is a
significant concern due to its long-lasting effects on marine life and
ecosystems.
o E-waste Pollution: E-waste pollution refers to the improper disposal
and recycling of electronic waste, leading to the release of hazardous
substances into the environment.
o Light Pollution: Light pollution is the excessive or misdirected artificial
light that interferes with the natural night environment, affecting
wildlife, human health, and astronomical observations.
• The Indian government has enacted various laws and regulations, such as the
Environment Protection Act, 1986, Water (Prevention and Control of Pollution)
Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Hazardous
Waste (Management and Transboundary Movement) Rules, to address these
different types of pollution and establish standards for their control and
mitigation.

Q. General Laws and Environment Protection – Application of Tort Law, Indian

Penal Code and Criminal Procedure Code. (6m / 13m)

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Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
• General laws, including Tort law, the Indian Penal Code (IPC), and the Criminal
Procedure Code (CrPC), have significant applications in environmental
protection.
• Here’s how each of these legal frameworks contributes to safeguarding
the environment:
o Tort Law: Tort law deals with civil wrongs or wrongful acts that cause
harm or injury to individuals or their property.
§ In the context of environmental protection, tort law can be
applied in various ways:
§ Public Nuisance: Individuals or industries causing
environmental pollution that adversely affects the general
public can be held liable for public nuisance under tort
law.
§ Private Nuisance: If an activity or operation causes harm
or disturbance to a specific individual or property, that
person can seek legal recourse under private nuisance.
§ Negligence: Parties who fail to take reasonable care in
handling hazardous substances or managing their
activities, leading to environmental damage, can be sued
for negligence.
§ Strict Liability: Tort law may apply principles of strict
liability in cases where certain hazardous activities result
in environmental harm, regardless of whether there was
negligence involved.
o Indian Penal Code (IPC): The IPC is the primary criminal law in India,
and it contains provisions relevant to environmental offences.
§ Several sections of the IPC can be invoked in environmental
protection cases:
§ Section 268: This section deals with the public nuisance
caused by a person committing an act that endangers
human life or health.
§ Section 278: It addresses making the atmosphere
noxious to health, which can be applied to actions
causing air pollution.
§ Section 277: This section deals with the offense of
fouling water sources, making it applicable to water
pollution cases.
§ Section 432-433: These sections address causing
mischief to public rights and property, and can be applied
in environmental damage cases.

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§ Section 427: This section covers the offence of causing
damage to property, which can be relevant in pollution-
related incidents.
o Criminal Procedure Code (CrPC): The CrPC outlines the procedure for
the investigation of criminal offences and the conduct of criminal trials.
§ It is relevant in environmental protection cases to ensure fair
and effective prosecution of offenders:
§ Filing Complaints: The CrPC outlines the procedure for
filing complaints, registering First Information Reports
(FIRs), and initiating investigations into environmental
offences.
§ Investigations and Evidence: It provides guidelines for
conducting investigations, collecting evidence, and
examining witnesses in environmental criminal cases.
§ Trial Proceedings: The CrPC sets out the process for
conducting criminal trials and ensuring that accused
persons receive a fair trial for environmental offences
• By applying these general laws – Tort law, Indian Penal Code, and Criminal
Procedure Code – authorities can hold polluters and environmental offenders
accountable and provide remedies for those affected by environmental harm.
These legal frameworks play a crucial role in enforcing environmental
protection and promoting a sustainable environment for the well-being of
society.

Q. Greenhouse Effect (6m / 13m)

• The greenhouse effect is a natural phenomenon that plays a crucial role in
regulating the Earth’s temperature and supporting life on our planet. It refers
to the process by which certain gases in the Earth’s atmosphere trap and re-
radiate heat, leading to the warming of the Earth’s surface. These gases are
known as greenhouse gases.
• Here’s how the greenhouse effect works:
o Solar Radiation: The Sun emits energy in the form of solar radiation,
which travels through space and reaches the Earth.
o Absorption and Reflection: When solar radiation reaches the Earth,
some of it is absorbed by the surface (land, oceans, and vegetation)
and warms the Earth. The rest is reflected back into space.
o Infrared Radiation: As the Earth’s surface absorbs solar energy, it re-
emits it in the form of infrared radiation (heat).
o Greenhouse Gases: Certain gases present in the Earth’s atmosphere,
such as carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),

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water vapor (H2O), and others, act like a “greenhouse” by trapping
some of the outgoing infrared radiation, preventing it from escaping
directly into space.
o Heat Retention: The trapped infrared radiation warms the atmosphere,
and in turn, the Earth’s surface, contributing to the overall temperature
of the planet. This heat retention is essential as it keeps the Earth’s
average temperature at a level suitable for supporting life.
• Without the greenhouse effect, the Earth would be much colder, making it
inhospitable for most living organisms. However, human activities, such as
burning fossil fuels, deforestation, and industrial processes, have increased the
concentration of greenhouse gases in the atmosphere, leading to an
enhanced greenhouse effect. This intensified greenhouse effect has caused
global warming and climate change, resulting in significant environmental
impacts, including rising sea levels, extreme weather events, and disruptions
to ecosystems.
• While the greenhouse effect is a natural and necessary process, the concern
lies in the accelerated rate of global warming caused by human activities. To
address this, international efforts are focused on reducing greenhouse gas
emissions and transitioning towards more sustainable and low-carbon
practices to mitigate the impacts of climate change.

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Module - 2:
Q. Stockholm Conference (1972): (6m / 13m)
• The Stockholm Conference, also known as the United Nations Conference on
the Human Environment, was held in Stockholm, Sweden, from June 5-16,
1972. It was a landmark event in the global environmental movement and
marked the first major international conference on environmental issues.
• Here’s a brief overview of the Stockholm Conference from an Indian
perspective:
o Reason for the Conference: The conference was convened in response
to growing concerns about the deteriorating state of the global
environment and the need for international cooperation to address
environmental challenges. The conference aimed to raise global
awareness about environmental issues and promote concerted action
to protect and conserve the environment.
o Indian Perspective: India played a significant role in the Stockholm
Conference. The Indian delegation actively participated in the
discussions and negotiations and voiced the concerns of developing
countries, particularly those facing environmental challenges due to
rapid industrialization and population growth.
o Principles of the Stockholm Conference:
§ Sustainable Development: The concept of sustainable
development was a key principle discussed at the conference. It
emphasized the need to meet present development needs
without compromising the ability of future generations to meet
their own needs. India advocated for a balanced approach to
development that considers environmental conservation and
social equity.
§ Common but Differentiated Responsibilities: The principle of
common but differentiated responsibilities recognized that
developed countries, with their historical contributions to
environmental degradation, have a greater responsibility in
addressing environmental issues. India stressed the need for
financial and technological assistance from developed nations to
support developing countries efforts in environmental
conservation and sustainable development.
§ Precautionary Principle: The Stockholm Conference
highlighted the precautionary principle, which states that when
there is a risk of serious or irreversible environmental damage,

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lack of full scientific certainty should not be used as a reason to
postpone measures to prevent or mitigate such damage. This
principle underscores the importance of proactive environmental
protection measures.
§ Environmental Governance: The conference emphasized the
need for effective environmental governance at national and
international levels. It led to the establishment of various
institutions and frameworks for environmental protection, such
as the United Nations Environment Programme (UNEP), which
was strengthened as a result of the conference.
o The Stockholm Conference laid the foundation for global
environmental governance and raised awareness about the need for
sustainable development and environmental conservation. It also
influenced the subsequent development of environmental policies and
legislation in India and other countries, marking a significant milestone
in the international environmental movement.

Q. Rio Declaration (1992): (6m / 13m)

• The Rio Declaration on Environment and Development, also known as the Rio
Declaration, was adopted at the United Nations Conference on Environment
and Development (UNCED) held in Rio de Janeiro, Brazil, in 1992. The
declaration is a seminal document that outlines key principles for sustainable
development and environmental protection.
• Here’s a brief overview of the Rio Declaration:
o Background: The Rio Declaration was a result of the Rio Earth Summit,
a landmark event that brought together world leaders, governments,
and representatives from various sectors to address pressing
environmental and development issues. The conference aimed to
promote sustainable development and find a balance between
economic growth, social development, and environmental protection.
o Key Principles:
§ Principle 1: Human Rights and Sustainable Development: The
Rio Declaration recognizes that humans are entitled to a healthy
and productive life in harmony with nature. It acknowledges the
fundamental right to development and emphasizes that
sustainable development should be pursued to fulfil the human
rights of present and future generations.
§ Principle 2: Precautionary Approach: This principle emphasizes
that in order to protect the environment, precautionary
measures should be taken when there is a risk of significant

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harm to the environment or human health, even if scientific
evidence is uncertain.
§ Principle 3: Integrated Approach: The declaration emphasizes
the need for an integrated approach to decision-making that
takes into account the interconnections between various
environmental, social, and economic factors.
§ Principle 4: Environmental Protection in the Context of
Development: This principle recognizes that environmental
protection is an integral part of the development process and
should be considered in the planning and implementation of
policies and projects.
§ Principle 10: Public Participation and Access to Information: This
principle highlights the importance of public participation in
environmental decision-making and emphasizes the need for
access to information and effective access to justice in
environmental matters.
§ Principle 15: Precautionary Principle and Trade: This principle
acknowledges that countries should not use environmental
measures as a means of unjustifiable trade restrictions but also
recognizes the right of countries to take precautionary measures
to protect the environment.
o Influence and Significance: The Rio Declaration has had a significant
impact on global environmental governance and sustainable
development. It has provided a foundation for subsequent international
agreements, such as the Convention on Biological Diversity and the
United Nations Framework Convention on Climate Change. The
principles outlined in the declaration continue to guide environmental
policies, decision-making processes, and the pursuit of sustainable
development at the global, national, and local levels.
• The Rio Declaration serves as a critical reference point for promoting
sustainable development and integrating environmental considerations into
decision-making processes worldwide. It underscores the importance of
balancing economic development with environmental protection and
emphasizes the need for international cooperation to address global
environmental challenges.

Q. All Principles of Rio Declaration (1992):

• The Rio Declaration on Environment and Development consists of 27
principles that provide a framework for sustainable development and
environmental protection.

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• Here are all the principles of the Rio Declaration:
o Principle 1: Human beings are at the centre of sustainable
development. They have the right to a healthy and productive life in
harmony with nature.
o Principle 2: States have the sovereign right to exploit their own
resources in accordance with their environmental and developmental
policies, but they should not cause harm to the environment of other
states or of areas beyond the limits of national jurisdiction.
o Principle 3: The right to development must be fulfilled in a sustainable
manner, ensuring that present and future generations have the ability
to meet their own needs.
o Principle 4: In order to achieve sustainable development, environmental
protection shall constitute an integral part of the development process.
o Principle 5: All states and people shall cooperate in good faith to
promote sustainable development.
o Principle 6: The special situation and needs of developing countries,
particularly the least developed countries, shall be given priority in the
pursuit of sustainable development.
o Principle 7: States shall cooperate in a spirit of global partnership to
conserve, protect, and restore the health and integrity of the Earth’s
ecosystem.
o Principle 8: To achieve sustainable development, environmental
decision-making shall be guided by the precautionary approach,
ensuring that lack of full scientific certainty should not be used as a
reason for postponing measures to prevent environmental
degradation.
o Principle 9: Environmental issues are best handled with the
participation of all concerned citizens, at the relevant level. At the
national level, each individual shall have appropriate access to
information concerning the environment.
o Principle 10: Environmental issues should be dealt with in a transparent
manner, and environmental information should be made available to
the public.
o Principle 11: Environmental issues are best handled with the
participation of all concerned citizens, at the relevant level. At the
national level, individuals shall have the opportunity to participate
effectively in environmental decision-making processes.
o Principle 12: States shall cooperate to promote a supportive and open
international economic system that would lead to sustainable economic
growth and development in all countries.

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o Principle 13: States shall develop national law regarding liability and
compensation for the victims of pollution and other environmental
damage.
o Principle 14: States should effectively cooperate to discourage or
prevent the relocation and transfer to other states of any activities and
substances that cause severe environmental degradation or are harmful
to human health.
o Principle 15: In order to protect the environment, precautionary
measures should be taken when there is a risk of significant
environmental harm, even if scientific evidence is uncertain.
o Principle 16: National authorities should endeavour to promote the
internalization of environmental costs and the use of economic
instruments, taking into account the approach that the polluter should
bear the cost of pollution.
o Principle 17: Environmental impact assessments shall be conducted for
proposed activities that are likely to have a significant adverse impact
on the environment.
o Principle 18: States shall immediately notify other states of any natural
disasters or other emergencies that are likely to produce sudden
harmful effects on the environment of those states.
o Principle 19: States shall provide prior notification and consult with
other states regarding activities that may have a significant adverse
transboundary environmental impact.
o Principle 20: Women have a vital role in environmental management
and development. Their full participation is essential for sustainable
development.
o Principle 21: The creativity, ideals, and courage of the youth should be
mobilized to forge a sustainable future.
o Principle 22: Indigenous people and their communities have a vital role
in environmental management and development due to their
traditional knowledge and practices.
o Principle 23: The environment and natural resources of people under
oppression, domination, and occupation shall be protected.
o Principle 24: Warfare is inherently destructive to sustainable
development. States shall therefore respect international law in
preventing environmental damage during armed conflicts.
o Principle 25: Peace, development, and environmental protection are
interdependent and indivisible.
o Principle 26: States shall resolve all their environmental disputes
peacefully and through appropriate means.

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o Principle 27: States and people shall cooperate in the promotion of a
supportive and open international economic system that would lead to
equitable economic growth and sustainable development in all
countries.

Q. Johannesburg declaration (2002): (6m / 13m)

• One notable international environmental declaration that took place in
Johannesburg, South Africa, is the “Johannesburg Declaration on Sustainable
Development,” which was adopted during the World Summit on Sustainable
Development (WSSD) held in September 2002.
• The Johannesburg Declaration on Sustainable Development reaffirmed the
commitment of nations to achieving sustainable development, addressing
environmental issues, eradicating poverty, and promoting social equity. It
emphasized the need for a balanced integration of economic development,
social progress, and environmental protection to ensure a better future for all.
• The WSSD also led to the adoption of the “Plan of Implementation,” which
outlined specific strategies and actions to achieve sustainable development
goals. The plan covered various sectors, including water and sanitation,
energy, health, biodiversity, trade, and investment.
• In the context of India, the Johannesburg Declaration and the Plan of
Implementation were significant as they reinforced the country’s commitment
to sustainable development and environmental protection. India, being a
participant in the WSSD, undertook to integrate sustainability principles into
its policies, plans, and programs to address environmental challenges while
promoting economic and social development.
• As an outcome of the summit, India pledged to take specific measures to
achieve the objectives of sustainable development, such as promoting
renewable energy, conserving biodiversity, improving water and sanitation,
and promoting sustainable agriculture practices.
• While the Johannesburg Declaration itself might not be a formal treaty or
convention, its adoption during the WSSD reinforced the global commitment
to sustainable development, and its principles have likely influenced India’s
environmental policies and actions to achieve a balance between
development and environmental protection.

Q. Introduction to United Nations Framework Convention on Climate Change?

(6m / 13m)
• The United Nations Framework Convention on Climate Change (UNFCCC) is
an international treaty established to address the issue of climate change on a

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global scale. It was adopted during the Earth Summit held in Rio de Janeiro,
Brazil, in June 1992, and entered into force on March 21, 1994. The UNFCCC is
one of the most significant international agreements aimed at mitigating the
impacts of climate change and promoting global cooperation to combat this
global challenge.
• The primary objective of the UNFCCC is to stabilize greenhouse gas
concentrations in the atmosphere at a level that prevents dangerous
anthropogenic interference with the climate system. This level should allow
ecosystems to adapt naturally to climate change, ensure food security, and
enable sustainable economic development.
• Key elements of the UNFCCC:
o Parties: The UNFCCC has near-universal membership, with 197 parties
(196 countries plus the European Union) as of my last update in
September 2021. Each participating country is referred to as a “party”
to the convention.
o Principles: The convention is guided by several fundamental principles,
including the principle of common but differentiated responsibilities
and respective capabilities (CBDR-RC). This recognizes that developed
countries, with their historical responsibility for greenhouse gas
emissions, should take the lead in mitigating climate change, while
developing countries should be supported in their efforts.
o Commitments: The UNFCCC does not set binding emission reduction
targets or timetables for its parties. Instead, it encourages countries to
voluntarily establish and communicate their intended nationally
determined contributions (NDCs) to mitigate greenhouse gas emissions
and adapt to climate change.
o Conference of the Parties (COP): The COP is the supreme decision-
making body of the UNFCCC. It meets annually to review progress,
negotiate agreements, and take decisions on matters related to the
implementation of the convention.
o Kyoto Protocol: The Kyoto Protocol, adopted in 1997, is an
international treaty under the UNFCCC. It established binding emission
reduction targets for developed countries (known as Annex I countries)
for the first commitment period from 2008 to 2012. The Kyoto Protocol
has since been succeeded by the Paris Agreement.
o Paris Agreement: The Paris Agreement, adopted in 2015, is a landmark
agreement under the UNFCCC, aimed at enhancing global climate
action. It seeks to limit global warming to well below 2 degrees Celsius
above pre-industrial levels and to pursue efforts to limit it to 1.5
degrees Celsius. Unlike the Kyoto Protocol, the Paris Agreement

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includes commitments from both developed and developing countries,
reflecting the evolving global dynamics.
• The UNFCCC and its associated agreements, including the Paris Agreement,
provide the framework for international cooperation on climate change
mitigation, adaptation, finance, and technology transfer. These agreements
emphasize the need for collective action and collaboration among countries
to address the urgent and complex challenges posed by climate change.

Q. Montreal Protocol? (6m / 13m)

• The Montreal Protocol is an international treaty established to protect the
ozone layer by phasing out the production and consumption of ozone-
depleting substances (ODS). It is one of the most successful and widely ratified
environmental agreements in history. The protocol was adopted on
September 16, 1987, in Montreal, Canada, and entered into force on January
1, 1989.
• Key objectives and provisions of the Montreal Protocol:
o Ozone Layer Protection: The primary goal of the Montreal Protocol is
to protect the Earth’s stratospheric ozone layer, which plays a critical
role in shielding the planet from harmful ultraviolet (UV) radiation from
the sun. Ozone depletion can lead to increased UV radiation reaching
the Earth’s surface, posing risks to human health, ecosystems, and
biodiversity.
o Phasing Out Ozone-Depleting Substances: The Montreal Protocol
sets specific phase-out schedules for the production and consumption
of various ODS, such as chlorofluorocarbons (CFCs), halons, carbon
tetrachloride, and methyl chloroform. These substances were
commonly used in refrigeration, air conditioning, aerosols, foam
manufacturing, and fire suppression systems.
o Adjustments and Amendments: The protocol allows for periodic
adjustments and amendments to accelerate the phase-out of ODS as
new scientific findings and technologies become available. Parties to
the protocol meet regularly to review progress and make decisions on
strengthening its provisions.
o Multilateral Fund: The Montreal Protocol established the Multilateral
Fund for the Implementation of the Montreal Protocol to support
developing countries in meeting their obligations under the protocol.
The fund provides financial and technical assistance for the adoption of
ozone-friendly technologies and the transition away from ODS.
o Technology Transfer: The protocol encourages the transfer of
environmentally friendly technologies to developing countries to

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facilitate the transition to ODS alternatives and support sustainable
development.
• The success of the Montreal Protocol can be attributed to its global
cooperation and the rapid phase-out of ODS. As a result of its
implementation, the ozone layer is showing signs of recovery, and it is
projected to return to pre-1980 levels by mid-century.
• The Montreal Protocol has also served as a model for addressing other global
environmental challenges, demonstrating the effectiveness of international
cooperation in addressing complex issues. Its success is a testament to the
capacity of nations to come together to protect the planet’s environment for
future generations.

Q. Convention on Biological Diversity? (6m / 13m)

• The Convention on Biological Diversity (CBD) is an international treaty
adopted during the United Nations Conference on Environment and
Development (UNCED) held in Rio de Janeiro, Brazil, in 1992. The CBD is one
of the key international agreements aimed at conserving biodiversity,
promoting sustainable use of natural resources, and ensuring equitable
sharing of benefits derived from the utilization of genetic resources.
• Key objectives and provisions of the Convention on Biological Diversity:
o Conservation of Biodiversity: The CBD’s main objective is the
conservation of biological diversity, which includes all ecosystems,
species, and genetic resources on Earth. It recognizes the intrinsic value
of biodiversity and its crucial role in sustaining life and supporting
human well-being.
o Sustainable Use of Biodiversity: The convention emphasizes the
sustainable use of biological resources to ensure their long-term
availability and benefits for present and future generations. This
involves promoting responsible practices in agriculture, forestry,
fisheries, and other sectors that depend on natural resources.
o Access and Benefit-Sharing (ABS): The CBD recognizes the sovereign
rights of nations over their genetic resources and requires that access
to these resources be subject to prior informed consent and mutually
agreed terms. It also promotes the fair and equitable sharing of
benefits arising from the utilization of genetic resources, especially for
commercial and research purposes.
o Biosafety and Biotechnology: The CBD addresses concerns related to
the potential risks posed by modern biotechnology on biodiversity. It
led to the adoption of the Cartagena Protocol on Biosafety, an annex to

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the CBD, which establishes rules and procedures for the safe transfer,
handling, and use of genetically modified organisms (GMOs).
o Protected Areas and Ecological Networks: The CBD encourages the
establishment of protected areas and ecological networks to conserve
biodiversity and ensure the representation and persistence of
ecosystems, habitats, and species.
o Global Strategy for Plant Conservation: The CBD has also adopted a
Global Strategy for Plant Conservation, which aims to halt the loss of
plant diversity and promote plant conservation worldwide.
• The CBD is legally binding on its parties, and as of my last update in
September 2021, it has 196 parties, including 195 countries and the European
Union. Parties to the CBD meet regularly to review progress, negotiate
agreements, and take decisions on matters related to biodiversity
conservation and sustainable development.
• The Convention on Biological Diversity has played a crucial role in raising
awareness about the importance of biodiversity conservation and has become
a cornerstone of global efforts to protect the natural world and promote the
sustainable use of biological resources.

Q. Environment Protection-Significant Concepts and Principles (6m / 13m)

• Environmental protection is a pressing global concern as the world faces
unprecedented challenges related to climate change, loss of biodiversity,
pollution, and unsustainable resource consumption. To address these issues
and promote a harmonious relationship between human activities and the
natural world, various concepts and principles have emerged in the field of
environmental protection.
• Lets explore these concepts and principles:
o Sustainable Development: Sustainable development is a concept that
emphasizes meeting the needs of the present without compromising
the ability of future generations to meet their own needs. It recognizes
the interconnectedness of economic, social, and environmental aspects
and aims to balance them to ensure long-term well-being. Sustainable
development promotes responsible resource use, social equity, and
environmental protection.
o Polluter Pays Principle: The Polluter Pays Principle (PPP) is a
fundamental environmental principle that holds that the party
responsible for causing pollution should bear the cost of its cleanup
and remediation. It incentivizes polluters to adopt cleaner practices and
internalize the environmental costs of their activities.

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o Precautionary Principle: The Precautionary Principle states that in
cases where there is a potential risk of serious or irreversible
environmental harm, lack of scientific certainty should not be used as a
reason to postpone precautionary measures. It empowers policymakers
to take preventive action even in the absence of complete scientific
evidence to avoid potential environmental damage.
o Environment Impact Assessment (EIA): Environmental Impact
Assessment (EIA) is a process to assess the potential environmental
impacts of proposed projects or activities before they are implemented.
It involves identifying, predicting, and evaluating the likely
environmental consequences and suggesting appropriate mitigation
measures. Governments often require EIAs for major development
projects to ensure environmental considerations are adequately
addressed.
o CG Notification Eco-mark: The Eco-mark is a certification system in
India introduced by the Central Government (CG) to identify products
that are environmentally friendly and have a lower impact on the
environment. The Eco-mark encourages consumers to make
environmentally responsible choices and promotes sustainable
production and consumption.
o Intergenerational and Intragenerational Duty: Intergenerational
duty refers to the moral obligation of the current generation to
preserve and conserve natural resources and the environment for the
benefit of future generations. Intragenerational duty emphasizes
equitable and fair distribution of environmental resources and benefits
among the current generation to ensure social justice and
sustainability.
o Public Trust Doctrine: The Public Trust Doctrine is a legal principle
that holds the government as a trustee of natural resources, including
air, water, forests, and wildlife, for the benefit of the public. The
doctrine imposes a duty on the government to protect and preserve
these resources for present and future generations.
• These concepts and principles are essential foundations of environmental
protection efforts and guide policymakers and societies towards more
sustainable and responsible practices for the well-being of the planet and its
inhabitants.

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Module - 3:

Q. The Water (Prevention & Control of Pollution) Act, 1974 (6m / 13m)
• The Water (Prevention & Control of Pollution) Act, 1974, is a pivotal piece of
legislation in India that addresses the pressing concerns of water pollution
and the conservation of water resources. Enacted to prevent and control water
pollution, the Act establishes the Central Pollution Control Board (CPCB) and
State Pollution Control Boards (SPCBs) to coordinate and enforce
environmental protection measures at the national and state levels,
respectively. The Act defines crucial terms related to water pollution and sets
out stringent provisions to regulate the discharge of pollutants into water
bodies. It outlines the functions and responsibilities of the CPCB and SPCBs,
emphasizing the promotion of water cleanliness, research on water quality,
and advisory roles to the government. Additionally, the Act addresses
penalties and procedures for violations, underscoring its commitment to
ensuring compliance and holding offenders accountable.
• Let’s delve into its key provisions:
o Definitions: The Water (Prevention & Control of Pollution) Act, 1974,
begins with a section of definitions that provide the meanings of
various terms used in the Act. These definitions include terms like
“Board” (referring to the Central Pollution Control Board or State
Pollution Control Board), “Pollution,” “Pollutant,” “Sewage,” “Trade
Effluent,” and others, which are essential for a clear understanding of
the Act’s provisions.
o Establishment of Central Pollution Control Board (CPCB) (Section
3): Section 3 of the Act establishes the Central Pollution Control Board,
which is a statutory organization responsible for coordinating
environmental protection activities at the national level. The CPCB’s
main function is to advise the Central Government on matters related
to water pollution prevention and control, as well as to coordinate
activities of the State Pollution Control Boards.
o Establishment of State Pollution Control Board (SPCB) (Section
4): Section 4 establishes the State Pollution Control Board in each
State, tasked with implementing the provisions of the Act at the state
level. The SPCB’s responsibilities include monitoring water quality,
granting and renewing consent to discharge pollutants, and taking
measures to prevent and control water pollution within the state.
o Joint Board (Section 13): Section 13 allows the Central Government to
establish Joint Boards in specific cases where two or more states or

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union territories share a common water source. The Joint Board
facilitates cooperation and coordination between the concerned states
or union territories in matters related to water pollution control.
o Functions of Central Pollution Control Board (Section 16): Section
16 outlines the functions of the Central Pollution Control Board, which
include the promotion of cleanliness of streams and wells, prevention
and control of water pollution, collecting and disseminating data on
water quality, conducting research, and advising the Central and State
Governments on pollution control measures.
o Functions of State Pollution Control Board (Section 17): Section 17
specifies the functions of the State Pollution Control Board, which
involve implementing pollution control strategies, inspecting and
analyzing samples of water, issuing consents, conducting research, and
advising the State Government on water pollution matters.
o Prevention & Control of Water Pollution (Sections 19 to
33): Sections 19 to 33 of the Act detail various measures to prevent and
control water pollution. These provisions include restrictions on the use
of streams or wells for the disposal of pollutants, prohibition of
discharging pollutants without the consent of the State Pollution
Control Board, setting effluent standards, and dealing with hazardous
substances, among others.
o Penalties & Procedure (Sections 41 to 50): Sections 41 to 50 deal
with penalties and procedures for offences committed under the Act. It
prescribes punishments for contraventions of the Act, such as
imprisonment and fines. It also outlines the procedure for the trial of
offences and the powers of courts in imposing penalties.
• The Water (Prevention & Control of Pollution) Act, 1974, serves as a significant
legislation in India aimed at safeguarding water resources, preventing water
pollution, and promoting sustainable water management practices. It
empowers the Central and State Pollution Control Boards to take actions
necessary for the protection of water quality and the environment as a whole.

Q. The Air (Prevention & Control of Pollution) Act, 1981 (6m / 13m)
• The Air (Prevention & Control of Pollution) Act, 1981, is a crucial
environmental legislation in India aimed at addressing the issue of air
pollution and promoting measures to prevent and control air quality
degradation.
• Let’s delve into its key provisions:
o Definitions: The Act begins with a section providing definitions of
essential terms used in the Act, such as “air pollutant,” “emission,”

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“occupier,” and others. These definitions lay the groundwork for a clear
interpretation of the Act’s provisions.
o Establishment of Central Pollution Control Board (CPCB) (Section
3): Section 3 of the Act establishes the Central Pollution Control Board,
a statutory authority responsible for coordinating activities related to
air pollution control at the national level. The CPCB advises the Central
Government on air pollution matters, coordinates with State Pollution
Control Boards, and conducts research and training programs.
o Establishment of State Pollution Control Board (SPCB) (Section
4): Section 4 provides for the establishment of the State Pollution
Control Board in each state. The SPCBs are tasked with implementing
the provisions of the Act at the state level, regulating industrial
emissions, and taking measures to prevent and control air pollution.
o Constitution of State Board (Section 5): Section 5 details the
constitution and composition of the State Pollution Control Boards. The
state government appoints members to the board, including officials,
technical experts, and representatives from relevant stakeholders.
o Functions of Central Board (Section 16): Section 16 outlines the
functions of the Central Pollution Control Board. These functions
include advising the Central Government on air pollution matters,
coordinating research, and collecting and disseminating data related to
air quality.
o Functions of State Boards (Section 17): Section 17 specifies the
functions of the State Pollution Control Boards, which include
implementing air pollution control strategies, inspecting industries for
compliance, and collecting air quality data within the state.
o Prevention and Control of Air Pollution (Sections 19 to
33A): Sections 19 to 33A of the Act detail various measures to prevent
and control air pollution. These provisions include restrictions on the
use of fuel in automobiles, setting emission standards for industries,
regulating the location of industries, and dealing with offences related
to air pollution.
o Penalties and Procedure (Sections 37 to 46): Sections 37 to 46 deal
with penalties and procedures for offences committed under the Act. It
prescribes punishments for contraventions of the Act, such as
imprisonment and fines. It also outlines the procedure for the trial of
offences and the powers of courts in imposing penalties.
• The Air (Prevention & Control of Pollution) Act, 1981, plays a critical role in
addressing air pollution and promoting cleaner air for a healthier
environment. By establishing regulatory bodies at the central and state levels

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and providing stringent measures to control emissions and enforce
compliance, the Act contributes significantly to safeguarding public health and
improving air quality across the nation.

Q. The Environment (Protection) Act, 1986 (6m / 13m)

• The Environment (Protection) Act, 1986, is a comprehensive legislation
enacted by the Indian government to address various environmental issues
and protect the environment for present and future generations.
• Let’s examine its key provisions:
o Definitions: The Act begins with a section providing definitions for
essential terms used throughout the Act. These definitions include
terms such as “environment,” “environmental pollutant,” “hazardous
substance,” “occupier,” and others. These definitions are crucial for a
clear interpretation of the Act’s provisions.
o General Powers of the Central Government (Section 3): Section 3 of
the Act confers broad powers upon the Central Government to take
necessary measures for the protection and improvement of the
environment. It empowers the government to issue notifications,
guidelines, and standards to regulate various activities that may have
adverse environmental impacts.
o Prevention, Control, and Abatement of Environmental Pollution
(Sections 7 to 14): Sections 7 to 14 of the Act detail various measures
for the prevention, control, and abatement of environmental pollution.
It authorizes the Central Government to take actions to protect and
improve environmental quality, including setting standards for
emissions and effluents, regulating the handling of hazardous
substances, and prescribing procedures for the management of
hazardous wastes.
o Penal Provision (Sections 15 to 17): Sections 15 to 17 deal with penal
provisions for offenses committed under the Act. It prescribes penalties
for contraventions of the Act, such as imprisonment and fines. It also
empowers the government to take certain measures, including closure,
prohibition, or regulation of any industry, operation, or process that is
likely to cause environmental pollution.
• The Environment (Protection) Act, 1986, provides the legal framework for
environmental protection and pollution control in India. It grants extensive
powers to the Central Government to tackle various environmental challenges
and empowers them to take necessary measures for environmental
preservation and enhancement. The Act aims to ensure sustainable
development and protect the environment from degradation and pollution

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caused by human activities. Through its stringent provisions and enforcement
mechanisms, the Act plays a significant role in promoting responsible
environmental practices and safeguarding the nation’s ecological integrity.

Q. Indian Forest Act 1927 (6m / 13m)

• The Indian Forest Act, 1927, is an important piece of legislation that governs
the management and conservation of forests in India. The Act was enacted
during the British colonial period and has undergone amendments over the
years. It aims to regulate the possession, use, and exploitation of forest
resources while ensuring their sustainable conservation.
• Here is an overview of the Act along with some important sections:
o Declaration of Reserved Forests (Section 3): Section 3 empowers the
state government to declare certain forests as “reserved forests” to
protect them from unauthorized occupation, grazing, and exploitation.
Reserved forests are considered the property of the government, and
only authorized individuals or entities are allowed to use forest
resources within these areas.
o Village Forests and Protected Forests (Sections 4 and 20): Sections
4 and 20 deal with the declaration of “village forests” and “protected
forests,” respectively. Village forests are forests assigned to be
managed by local communities for their subsistence needs, subject to
the supervision of forest officials. Protected forests are designated for
the conservation of wildlife and natural resources, and access and use
within these areas are regulated.
o Control over Reserved Forests (Sections 24 and 26): Sections 24 and
26 grant the government the authority to regulate the entry, transit,
and use of reserved forests. It requires obtaining permits for activities
like collecting timber, grazing, hunting, and cultivation within these
forests.
o Forest Offenses and Penalties (Sections 52 to 55): Sections 52 to 55
specify offences related to forest conservation, such as unauthorized
felling of trees, encroachments, and illegal possession of forest
produce. The Act prescribes penalties for these offences, including fines
and imprisonment.
o Forest Settlement Officer (Section 66): Section 66 provides for the
appointment of a Forest Settlement Officer who is responsible for
determining and recording the rights of individuals or communities
over forest lands.
o Forest Working Plans (Section 2 and Section 5A): The Act introduces
the concept of “working plans” for the management of forests. Section

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2 defines a working plan as a plan prepared for a forest or group of
forests to ensure their proper exploitation and management. Section
5A enables the state government to appoint officers responsible for
preparing and implementing these working plans.
o Regulation of Transit of Forest Produce (Section 41): Section 41
empowers the government to regulate the transit of forest produce
through specified routes, issue transit permits, and levy fees on the
movement of forest produce.
o Forest Officers and Powers (Sections 52A and 52B): Sections 52A
and 52B empower forest officers to arrest persons who commit
offences under the Act and allow them to enter and search premises
where forest produce may be stored illegally.
• The Indian Forest Act, 1927, has been instrumental in shaping the forest
management policies in India. However, over time, concerns have been raised
about its colonial legacy and its impact on the rights of local communities and
indigenous people. Efforts have been made to incorporate principles of
community-based forest management and participatory conservation in
subsequent forest-related legislation.

Q. Forest Conservation Act, 1980 (6m / 13m)

• The Forest (Conservation) Act, 1980, is an essential piece of legislation in India
aimed at conserving and protecting forests and their ecological balance. The
Act was enacted to regulate the diversion of forestland for non-forest
purposes and to ensure the judicious use of forest resources.
• Here is an overview of the Act along with some important sections:
o Objective (Section 2): Section 2 of the Act states its primary objective,
which is the conservation of forests and the protection of the
environment through the restriction on the diversion of forestland for
non-forest purposes.
o Restrictions on Diversion of Forestland (Section 2, Section 3, and
Section 4): The Act imposes strict restrictions on the diversion of
forestland for non-forest purposes, such as mining, industrial projects,
infrastructure development, or any other non-forest activity. Section 2
empowers the Central Government to issue orders regarding the
restriction, and Section 3 requires prior approval from the Central
Government for any proposal to divert forestland. Section 4 further
emphasizes that no forestland shall be diverted unless specific
conditions are met.
o Compensatory Afforestation (Section 2 and Section 3): To
compensate for the loss of forestland due to diversion, the Act

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mandates that the user agency must undertake compensatory
afforestation. Section 2 defines compensatory afforestation as the
afforestation of an equivalent area of non-forest land with appropriate
species to mitigate the loss.
o Forest Advisory Committee (Section 3A): Section 3A establishes the
Forest Advisory Committee, which advises the Central Government on
forestland diversion proposals and the compensatory afforestation
required. The committee considers the ecological, environmental, and
social aspects before making recommendations.
o Role of State Governments (Section 5): Section 5 empowers the
State Government to inquire into and decide the issue of diversion of
forestland for non-forest purposes. The State Government must submit
the proposal, along with its recommendations, to the Central
Government for final approval.
o Penalties (Section 6): Section 6 provides penalties for offences
committed under the Act, which include imprisonment and fines. Any
person or authority that violates the provisions of the Act may face
legal consequences.
• The Forest (Conservation) Act, 1980, plays a vital role in safeguarding India’s
forests and biodiversity by ensuring the controlled and regulated use of
forestland for non-forest activities. Through its provisions, the Act aims to
strike a balance between development and environmental conservation,
emphasizing the significance of preserving the nation’s natural heritage for
the well-being of present and future generations. By providing a legal
framework for forest conservation and sustainable development, the Act
contributes to the protection of valuable ecosystems and promotes
responsible and ecologically sensitive decision-making.

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Module - 4:
Q. The National Green Tribunal Act, 2010 (6m / 13m)
• The National Green Tribunal (NGT) Act, 2010, is a significant legislation in
India that aims to provide effective and expeditious resolution of
environmental disputes and issues. It was established to handle cases related
to environmental protection, conservation of natural resources, and
prevention and control of pollution. The Act creates the National Green
Tribunal as a specialized forum to deal exclusively with environmental matters.
• Let’s explore the Act’s key provisions in three parts:
o Scope (Sections 3-12):
§ Section 3: This section establishes the National Green Tribunal
as a specialized judicial body for the effective and speedy
disposal of environmental disputes.
§ Section 4: It defines the jurisdiction of the NGT, conferring upon
it the powers to hear and decide cases relating to environmental
issues and enforcement of any legal right relating to the
environment.
§ Section 5: The Act sets out the qualifications for the Chairperson
and Judicial and Expert Members of the NGT, ensuring expertise
and experience in environmental matters.
§ Section 6: It deals with the composition of the NGT benches,
which include a Judicial Member and an Expert Member.
§ Sections 7 to 10: These sections outline the procedure for the
appointment of the Chairperson and Members of the NGT and
the terms and conditions of their service.
§ Section 12: It grants powers to the NGT to make regulations
regarding its own procedures and functioning.
o Jurisdiction, Powers, and Proceedings of the Tribunal (Sections 14-
25):
§ Section 14: The NGT has jurisdiction over all civil cases related
to environmental laws that involve substantial questions relating
to the environment.
§ Section 15: The Tribunal has the power to hear cases and make
judgments, orders, or awards, similar to a civil court, concerning
environmental issues.
§ Section 16: The NGT can pass orders for the enforcement of any
legal right relating to the environment, providing relief and
compensation in cases of damage caused to the environment.

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§ Section 17: The Act authorizes the NGT to provide
compensation for environmental damage and restitution of the
environment.
§ Section 18: The NGT can grant interim orders and take
immediate action to prevent further environmental degradation
while the case is pending.
§ Section 19: This section enables the NGT to hear applications
related to the violation of environmental clearance conditions.
§ Sections 20 and 21: The NGT can impose penalties for non-
compliance with its orders and decisions.
§ Section 22: The Act allows for appeals against the decisions of
the NGT to the Supreme Court or the respective High Courts.
§ Sections 23 to 25: These sections outline the powers of the NGT
to summon and enforce attendance of witnesses, and require
the production of documents.
o Penal Provisions (Sections 26-28):
§ Section 26: It provides for penalties for non-compliance with
orders of the NGT, which may include imprisonment or fines.
§ Section 27: The NGT has the power to award compensation for
any damage caused to persons, property, or the environment
due to the violation of environmental laws.
§ Section 28: The Act provides for the establishment of special
courts by the State Government to try offences related to
environmental protection.
• The National Green Tribunal Act, 2010, empowers the NGT to play a vital role
in the protection and conservation of the environment by providing an
expeditious and specialized forum for resolving environmental disputes. Its
broad scope, extensive jurisdiction, and powers to enforce compliance and
grant compensation make it an essential instrument in promoting
environmental justice and sustainable development in the country.

Q. The Wild Life (Protection) Act, 1972 (6m / 13m)

• The Wild Life (Protection) Act, 1972, is a critical legislation in India aimed at
conserving and protecting the country’s rich biodiversity and wildlife. The Act
was enacted to address the growing threats to wildlife, including hunting,
poaching, and habitat destruction. It provides legal measures for the
conservation and protection of various species of animals, birds, and plants.
• Here is an overview of the Act along with some important sections:
o Definitions: The Act begins with a section providing definitions of
various terms used throughout the Act. These definitions include terms

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Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
such as “animal,” “hunting,” “wildlife,” “prescribed,” and others, which
are essential for a clear understanding of the Act’s provisions.
o Hunting of Wild Animals (Sections 9, 11, and 12):
§ Section 9: This section prohibits the hunting of wild animals
listed in Schedule I, II, III, and IV of the Act unless permitted by
the Chief Wildlife Warden or the authorized officer. Schedule I
species are those with the highest level of protection, and
hunting them is strictly prohibited.
§ Section 11: This section deals with the possession, buying, or
selling of trophies, skins, or other body parts of protected wild
animals without proper authorization.
§ Section 12: It addresses the procedure for licensing of weapons
for hunting wild animals under specific circumstances.
o Protection of Specified Plants (Sections 17A-H): These sections were
added through an amendment in 1991 to extend the Act’s protection
to certain specified plant species. Section 17A prohibits the harvesting,
destruction, and exploitation of plants specified in Schedule VI of the
Act unless authorized by a permit. The sections aim to safeguard
threatened plant species and prevent their illegal trade.
o Protected Areas: Sanctuaries, National Parks & Closed Areas
(Sections 18-49C):
§ Sections 18 and 35: These sections provide for the declaration
of sanctuaries and national parks by the state governments and
the Central Government, respectively, to provide inviolate spaces
for wildlife conservation.
§ Sections 27 and 28: These sections deal with the powers and
functions of the Chief Wildlife Warden and the constitution of
the Wildlife Advisory Board, respectively.
§ Sections 29-33: These sections outline the procedure for the
declaration and management of sanctuaries and national parks.
§ Section 38: It empowers the Central Government to declare
certain areas as closed areas for wildlife protection.
o Offenses Against Wildlife (Sections 50-58Y): These sections outline
various offences against wildlife and the penalties for committing such
offences. Offences include hunting, poaching, possession of prohibited
articles, or trading in wildlife and wildlife products. The penalties may
include imprisonment and fines.
• The Wild Life (Protection) Act, 1972, is a crucial instrument for wildlife
conservation in India. It establishes a framework for the protection of wild
animals, birds, and plants, and the creation and management of protected

32
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
areas. By addressing offences against wildlife and providing stringent
penalties, the Act aims to deter illegal activities and ensure the long-term
survival of India’s diverse wildlife and natural heritage.

Q. The Wild Life (Protection) Act, 1972 (6m / 13m)

• The Wild Life (Protection) Act, 1972, is a critical legislation in India aimed at
conserving and protecting the country’s rich biodiversity and wildlife. The Act
was enacted to address the growing threats to wildlife, including hunting,
poaching, and habitat destruction. It provides legal measures for the
conservation and protection of various species of animals, birds, and plants.
• Here is an overview of the Act along with some important sections:
o Definitions: The Act begins with a section providing definitions of
various terms used throughout the Act. These definitions include terms
such as “animal,” “hunting,” “wildlife,” “prescribed,” and others, which
are essential for a clear understanding of the Act’s provisions.
o Hunting of Wild Animals (Sections 9, 11, and 12):
§ Section 9: This section prohibits the hunting of wild animals
listed in Schedule I, II, III, and IV of the Act unless permitted by
the Chief Wildlife Warden or the authorized officer. Schedule I
species are those with the highest level of protection, and
hunting them is strictly prohibited.
§ Section 11: This section deals with the possession, buying, or
selling of trophies, skins, or other body parts of protected wild
animals without proper authorization.
§ Section 12: It addresses the procedure for licensing of weapons
for hunting wild animals under specific circumstances.
o Protection of Specified Plants (Sections 17A-H): These sections were
added through an amendment in 1991 to extend the Act’s protection
to certain specified plant species. Section 17A prohibits the harvesting,
destruction, and exploitation of plants specified in Schedule VI of the
Act unless authorized by a permit. The sections aim to safeguard
threatened plant species and prevent their illegal trade.
o Protected Areas: Sanctuaries, National Parks & Closed Areas
(Sections 18-49C):
§ Sections 18 and 35: These sections provide for the declaration
of sanctuaries and national parks by the state governments and
the Central Government, respectively, to provide inviolate spaces
for wildlife conservation.

33
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
§ Sections 27 and 28: These sections deal with the powers and
functions of the Chief Wildlife Warden and the constitution of
the Wildlife Advisory Board, respectively.
§ Sections 29-33: These sections outline the procedure for the
declaration and management of sanctuaries and national parks.
§ Section 38: It empowers the Central Government to declare
certain areas as closed areas for wildlife protection.
o Offenses Against Wildlife (Sections 50-58Y): These sections outline
various offences against wildlife and the penalties for committing such
offences. Offences include hunting, poaching, possession of prohibited
articles, or trading in wildlife and wildlife products. The penalties may
include imprisonment and fines.
• The Wild Life (Protection) Act, 1972, is a crucial instrument for wildlife
conservation in India. It establishes a framework for the protection of wild
animals, birds, and plants, and the creation and management of protected
areas. By addressing offences against wildlife and providing stringent
penalties, the Act aims to deter illegal activities and ensure the long-term
survival of India’s diverse wildlife and natural heritage.

Q. Bio-Medical Waste Rules, 2016 (6m / 13m)

• Bio-medical waste (BMW) refers to any waste generated during the diagnosis,
treatment, or immunization of humans or animals or in research activities
related to medical sciences. It includes both hazardous and non-hazardous
waste, arising from healthcare facilities, veterinary clinics, research
laboratories, and other similar establishments. Bio-medical waste can be
infectious, toxic, or radioactive and requires specialized management to
prevent the spread of infections and protect public health and the
environment.
• Provisions in India: In India, the management and handling of bio-medical
waste are regulated by the Bio-Medical Waste Management Rules (BMW
Rules), which were first introduced in 1998 and have been subsequently
amended to strengthen the framework for proper disposal of bio-medical
waste.
• Here are the key provisions under the Bio-Medical Waste Management
Rules, 2016:
o Categorization of Bio-Medical Waste: The BMW Rules categorize
bio-medical waste into four color-coded categories for ease of
identification and segregation:
§ Yellow Category: Human anatomical waste, including tissues,
organs, and body parts.

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Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
§ Red Category: Waste contaminated with blood and blood
products, like discarded syringes, needles, and other sharp items.
§ White Category: Waste generated from microbiology and
biotechnology labs, such as cultures, discarded vaccines, and
expired pharmaceutical products.
§ Blue Category: Non-hazardous, general bio-medical waste that
does not fall under the above categories.
o Segregation and Handling: The rules mandate proper segregation,
collection, and transportation of bio-medical waste to prevent mixing
of different categories. The waste must be stored in color-coded bins or
containers as per its classification.
o Authorization and Registration: All healthcare facilities, including
hospitals, clinics, nursing homes, laboratories, and veterinary
institutions, must obtain authorization from the State Pollution Control
Boards (SPCBs) or Pollution Control Committees (PCCs) to generate and
handle bio-medical waste. Additionally, common bio-medical waste
treatment facilities need registration with the respective State Pollution
Control Boards.
o Bio-Medical Waste Treatment and Disposal: The rules require bio-
medical waste to be treated and disposed of in an environmentally
sound manner. It can be done through different methods like
incineration, autoclaving, microwaving, or chemical treatment,
depending on the category and type of waste.
o Transportation: Bio-medical waste must be transported using
dedicated vehicles with proper labeling and adherence to safety
guidelines. The transport personnel need to be trained in handling bio-
medical waste safely.
o Record-keeping and Reporting: All facilities generating bio-medical
waste must maintain proper records and submit periodic reports to the
regulatory authorities as prescribed under the rules.
• The Bio-Medical Waste Management Rules in India are crucial for preventing
the spread of infections and ensuring the safe and environmentally
responsible disposal of bio-medical waste. By adhering to these rules,
healthcare establishments can contribute to public health protection and
environmental sustainability.

Q. Hazardous Wastes Rules, 1989 (6m / 13m)

• The Hazardous Wastes (Management, Handling, and Transboundary
Movement) Rules, 1989, is a set of regulations formulated under the
Environment (Protection) Act, 1986, to govern the management and handling

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Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
of hazardous wastes in India. The Rules were introduced to address the
growing concern of hazardous waste generation, treatment, and disposal, and
to ensure their environmentally sound management. Over the years, these
Rules have been amended several times to strengthen and update the
provisions.
• Here is an overview of the key aspects of the Hazardous Wastes Rules,
1989:
o Definition of Hazardous Waste: The Rules provide a comprehensive
definition of hazardous waste, encompassing various types of waste
streams that pose potential risks to human health and the environment.
It includes wastes from industrial processes, chemical manufacturing,
pharmaceuticals, healthcare facilities, and other sectors.
o Waste Generator and Operator Responsibilities: The Rules lay down
the responsibilities of waste generators and operators in managing
hazardous wastes. It requires waste generators to undertake proper
waste characterization, segregation, labeling, and storage. Waste
operators (treatment, storage, and disposal facilities) are required to
obtain authorization from the regulatory authorities and comply with
specified standards and guidelines.
o Consent and Authorization: The Rules mandate waste generators and
operators to obtain consent and authorization from the concerned
State Pollution Control Boards (SPCBs) or Pollution Control Committees
(PCCs) before undertaking any hazardous waste-related activities.
o Treatment, Storage, and Disposal Facilities: The Rules outline
specific requirements for treatment, storage, and disposal facilities for
hazardous wastes. These facilities must meet prescribed criteria and
obtain necessary approvals before commencing their operations.
o Labelling and Manifest System: Hazardous wastes are required to be
labeled appropriately with standardized symbols and information about
their hazardous properties. The Rules also require the use of a manifest
system to track the movement of hazardous wastes from the generator
to the treatment and disposal facilities.
o Import and Export of Hazardous Wastes: The Rules regulate the
import and export of hazardous wastes to and from India. It prohibits
the import of hazardous wastes for disposal purposes and strictly
monitors the transboundary movement of hazardous wastes to ensure
environmentally sound management.
o Prohibition of Hazardous Waste Dumping: The Rules strictly prohibit
the dumping of hazardous wastes on land, in water bodies, or any

36
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
other environmentally sensitive areas. Violation of this provision
attracts severe penalties.
o Liability and Financial Responsibility: Waste generators and
operators are held liable for any damages caused due to
mismanagement of hazardous wastes. The Rules require operators to
demonstrate financial responsibility to cover the costs of cleanup and
remediation in case of accidents or emergencies.
• The Hazardous Wastes Rules, 1989, play a crucial role in preventing and
minimizing the adverse impacts of hazardous waste on the environment and
public health. They aim to ensure the safe handling, treatment, and disposal of
hazardous wastes and promote sustainable waste management practices in
the country.

Q. Noise Pollution Rules, 2000 (6m / 13m)

• The Noise Pollution (Regulation and Control) Rules, 2000, are a set of
regulations formulated under the Environment (Protection) Act, 1986, to
control and regulate noise pollution in India. These rules were introduced to
address the increasing problem of noise pollution, which adversely affects
human health, well-being, and the overall environment. The Rules aim to
establish noise standards for different areas and time periods, prescribe
permissible noise limits, and enforce measures to control and manage noise
pollution.
• Here is an overview of the key provisions of the Noise Pollution Rules,
2000:
o Definition of Noise: The Rules provide a comprehensive definition of
“noise,” encompassing unwanted sound or sound that is loud,
unpleasant, or causes discomfort to individuals.
o Categorization of Areas: The Rules categorize areas into four classes:
industrial, commercial, residential, and silence zones. Different
permissible noise limits are prescribed for each zone to ensure
appropriate noise levels.
o Prescribed Noise Standards: The Rules prescribe maximum
permissible noise levels in decibels (dB) for different areas and time
periods. The prescribed noise limits vary depending on the category of
the area and whether it is day or night.
o Restrictions on Sound-Emitting Devices: The Rules impose
restrictions on the use of loudspeakers, public address systems, and
sound-emitting devices during specific time periods and in silence
zones.

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Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
o Ban on Fireworks: The Rules prohibit the use of fireworks between
10:00 PM and 6:00 AM, except during religious and cultural events,
where the use of fireworks is allowed until 12:00 AM.
o Responsibilities of Local Authorities: The Rules require local
authorities, such as municipal corporations and district administrations,
to take measures to control and prevent noise pollution in their
respective jurisdictions.
o Powers of Authorities: The Rules empower designated authorities to
take action against violators and to seize sound-emitting equipment
causing excessive noise pollution.
o Noise Monitoring and Reporting: The Rules outline the process of
monitoring noise levels, recording violations, and submitting periodic
reports to the concerned authorities.
o Public Awareness and Participation: The Rules emphasize the
importance of public awareness and participation in noise pollution
control efforts. It encourages the public to report noise pollution
violations and cooperate with authorities in their enforcement activities.
• The Noise Pollution (Regulation and Control) Rules, 2000, are crucial in
safeguarding public health and maintaining a healthy living environment. By
establishing noise standards, regulating sound-emitting devices, and setting
guidelines for different areas and time periods, these rules help to mitigate
the adverse effects of noise pollution and promote a more peaceful and
quieter living environment for all.

Q. Ozone Depleting Substances Rules, 2014 (6m / 13m)

• The Ozone Depleting Substances (Regulation and Control) Rules, 2000, were
formulated under the Environment (Protection) Act, 1986, to regulate and
control the production, import, export, use, and management of ozone-
depleting substances (ODS) in India. The Rules were later amended and
revised in 2014 to align with the Montreal Protocol on Substances that
Deplete the Ozone Layer, an international treaty aimed at phasing out the
production and consumption of ozone-depleting substances. The Ozone
Depleting Substances Rules, 2014, play a vital role in protecting the ozone
layer and mitigating the adverse effects of ozone depletion on the Earth’s
atmosphere.
• Here is an overview of the key provisions of the Ozone Depleting
Substances Rules, 2014:
o Definitions: The Rules provide definitions of various terms used in the
context of ozone-depleting substances, including terms like “ozone-

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Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
depleting substance,” “controlled substance,” “recovery,” “recycling,”
“phase-out,” and others.
o Prohibition on Production and Consumption of ODS: The Rules
prohibit the production, import, export, sale, use, and consumption of
ozone-depleting substances, except for essential and critical uses as
specified in the Montreal Protocol and the amendments thereto.
o Licensing and Authorization: The Rules require manufacturers,
importers, and users of ozone-depleting substances to obtain
necessary licenses and authorizations from the designated authorities
to engage in any activity involving ODS.
o Ozone Depleting Potential (ODP) Limitation: The Rules set a limit on
the ozone-depleting potential of substances used in various
applications to ensure that they have minimal impact on the ozone
layer.
o Recovery, Recycling, and Destruction: The Rules mandate the
recovery, recycling, and destruction of ozone-depleting substances to
prevent their release into the atmosphere and reduce their impact on
the ozone layer.
o Reporting and Record-Keeping: The Rules require manufacturers,
importers, and users of ozone-depleting substances to maintain
records of their activities and report to the designated authorities on a
regular basis.
o Training and Public Awareness: The Rules emphasize the need for
training and public awareness programs to educate stakeholders and
the general public about the adverse effects of ozone depletion and
the importance of phasing out ozone-depleting substances.
o Import-Export and Trade: The Rules regulate the import and export
of ozone-depleting substances, ensuring compliance with the
provisions of the Montreal Protocol and the amendments thereto.
• The Ozone Depleting Substances (Regulation and Control) Rules, 2014, are
essential in India’s commitment to international efforts to protect the ozone
layer. By phasing out the production and consumption of ozone-depleting
substances and promoting the recovery, recycling, and destruction of ODS,
these rules contribute significantly to environmental protection and climate
change mitigation.

Q. Solid Waste Management Rules, 2016 (6m / 13m)

• The Solid Waste Management Rules, 2016, were formulated under the
Environment (Protection) Act, 1986, to provide a comprehensive framework
for the management and handling of solid waste in India. The Rules aim to

39
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
promote sustainable waste management practices, reduce the adverse
environmental impacts of improper waste disposal, and encourage waste
minimization and recycling. The Solid Waste Management Rules, 2016,
superseded the earlier rules on solid waste management and introduced
several key provisions to address the challenges of solid waste management
in the country.
• Here is an overview of the key provisions of the Solid Waste Management
Rules, 2016:
o Waste Segregation and Collection: The Rules emphasize the
importance of waste segregation at the source into biodegradable,
non-biodegradable, and domestic hazardous waste. It mandates
separate collection and transportation of segregated waste to ensure
proper treatment and disposal.
o Responsibilities of Local Bodies: The Rules assign the responsibility of
solid waste management to local bodies, including municipal
corporations, municipalities, and panchayats. They are required to
implement waste management practices, including collection,
transportation, and treatment of solid waste within their jurisdictions.
o Waste Processing and Disposal: The Rules promote the adoption of
environmentally sound waste processing and disposal methods,
including waste-to-energy, composting, and recycling. It encourages
the establishment of waste processing facilities and landfill sites with
strict environmental safeguards.
o Extended Producer Responsibility (EPR): The Rules introduce the
concept of Extended Producer Responsibility, which holds
manufacturers, brand owners, or importers responsible for managing
the post-consumer waste generated from their products. EPR aims to
encourage producers to adopt sustainable product designs and take
responsibility for the end-of-life management of their products.
o Plastic Waste Management: The Rules include specific provisions for
the management of plastic waste. It prohibits the use of plastic carry
bags with a thickness of fewer than 50 microns and establishes a
system for the collection, segregation, and recycling of plastic waste.
o Hazardous Waste Management: The Rules address the management
of hazardous waste and prescribe specific measures for its collection,
treatment, and disposal. It mandates the establishment of hazardous
waste treatment and disposal facilities with necessary approvals.
o Public Awareness and Participation: The Rules stress the importance
of public awareness and participation in solid waste management. It

40
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
encourages citizens to actively participate in waste segregation, waste
reduction, and recycling initiatives.
o Reporting and Monitoring: The Rules require local bodies and waste
generators to submit regular reports on waste management activities
to the Central Pollution Control Board and State Pollution Control
Boards for monitoring and evaluation.
• The Solid Waste Management Rules, 2016, play a crucial role in promoting
sustainable waste management practices in India. By emphasizing waste
segregation, promoting recycling, and encouraging Extended Producer
Responsibility, the Rules contribute to reducing the burden of waste on the
environment and promoting a cleaner and healthier living environment for all.

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Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law

Case Laws:
Q. Rural Litigation and Entitlement Kendra v. State of U. P.(Dehradun Quarrying
Case / Doon Valley Cae)
• Rural Litigation and Entitlement Kendra & Ors v. State of U.P. & Ors, popularly
known as the Dehradun Quarrying Case, is a significant environmental
litigation that took place in India. It involved the issue of unregulated and
illegal quarrying activities in the Mussoorie hills of Uttarakhand.
• Facts:
o The petition was filed by the Rural Litigation and Entitlement Kendra
(RLEK), a non-governmental organization, before the Supreme Court of
India. The petitioners alleged that illegal and unregulated quarrying
activities in the Mussoorie hills were causing extensive environmental
damage, leading to the degradation of forests, landslides, and loss of
biodiversity. They claimed that such activities violated the fundamental
rights of the local inhabitants to a healthy environment and sought the
Court’s intervention to halt the quarrying operations.
• The primary issues before the Court were:
o Whether the unregulated and illegal quarrying activities in the
Mussoorie hills violated the fundamental right to a healthy
environment.
o Whether the State of Uttar Pradesh (now Uttarakhand) had failed to
effectively regulate and control quarrying operations, thereby
neglecting its duty to protect the environment and the rights of the
local inhabitants.
• Judgment:
o The Supreme Court, in its judgment delivered on February 12, 1988,
addressed the environmental concerns raised by the petitioners. The
Court recognized the significance of the ecological balance and the
need for sustainable development, emphasizing the importance of
protecting the environment for present and future generations.
o The key highlights of the judgment are as follows:
§ Environmental Protection: The Court held that the right to a
clean environment is a fundamental right under Article 21 of the
Constitution of India, which guarantees the right to life. It stated
that the right to a healthy environment is an integral part of the
right to life and is the responsibility of both the State and the
citizens.

42
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
§ Ecological Balance: The Court stressed the importance of
maintaining ecological balance and preserving the fragile
ecosystem of the Mussoorie hills. It recognized that unregulated
quarrying activities were causing irreparable damage to the
environment, leading to landslides, soil erosion, and ecological
imbalance.
§ Precautionary Principle: The Court invoked the precautionary
principle, stating that in matters involving the environment, it is
essential to adopt preventive measures and take precautionary
steps to avoid irreversible harm, even in the absence of full
scientific certainty.
§ Role of the State: The Court held that the State has a
constitutional obligation to protect and preserve the
environment and prevent its degradation. It criticized the State
of Uttar Pradesh for its failure to effectively regulate and control
quarrying activities, highlighting the need for better
enforcement of laws and stricter environmental regulations.
§ Orders and Directions: The Court issued several orders and
directions to address the issue of illegal quarrying in the
Mussoorie hills. It ordered the closure of all illegal quarries and
directed the State government to take measures to prevent
further environmental degradation. The Court also established
the Central Empowered Committee (CEC) to monitor and
supervise the implementation of its directions.

Q. Vellore Citizens Welfare Forum vs Union of India, 1996

• Vellore Citizens Welfare Forum vs Union of India, is a significant environmental
litigation that took place in India. It dealt with the issue of pollution caused by
tanneries in the Vellore district of Tamil Nadu.
• Facts:
o The petition was filed by the Vellore Citizens Welfare Forum, a non-
governmental organization, before the Supreme Court of India. The
petitioners raised concerns about the pollution caused by tanneries
operating in the Vellore district, which were discharging untreated
effluents into the Palar River. The effluents contained harmful chemicals
and heavy metals, leading to water pollution and endangering the
health and well-being of the local population and the environment.
• The primary issues before the Court were:
o Whether the pollution caused by the tanneries violated the
fundamental right to a healthy environment.

43
Subject: Environmental Law
By Jigar Ashar, Student, HVPS College of Law
o Whether the State and the tannery owners had failed to take adequate
measures to prevent and control pollution, thereby neglecting their
statutory and constitutional duties.
• Judgment:
o The Supreme Court, in its judgment delivered on December 18, 1995,
addressed the environmental concerns raised by the petitioners. The
Court emphasized the importance of environmental protection and
sustainable development and took several steps to mitigate pollution.
o The key highlights of the judgment are as follows:
§ Fundamental Right to a Healthy Environment: The Court held
that the right to a clean environment is a fundamental right
under Article 21 of the Constitution of India. It recognized that
pollution caused by tanneries was detrimental to public health,
the environment, and the ecosystem.
§ Statutory and Constitutional Duties: The Court emphasized
the statutory and constitutional duties of both the State and the
tannery owners to protect the environment. It held that the State
government was responsible for enforcing pollution control laws
and ensuring the tanneries complied with environmental
regulations.
§ The Principle of Strict Liability: The Court invoked the principle
of strict liability, stating that the tannery owners were strictly
liable for the pollution caused by their activities, irrespective of
their intent or negligence. It held that the tannery owners must
bear the responsibility for preventing and controlling pollution.
§ Pollution Control Measures: The Court directed the tanneries
to install effluent treatment plants (ETPs) to treat their waste and
ensure that the discharged effluents complied with the
prescribed standards. It also ordered the closure of tanneries
that failed to comply with the pollution control measures.
§ Monitoring Committee: The Court appointed a monitoring
committee to oversee the implementation of its directions and
to ensure compliance with environmental regulations by the
tanneries.

44