Module 1

1st question
A. THE PREAMBLE

The Preamble to the Indian Constitution reflects the vision of the

Constitution’s makers. It shows that they were concerned about protecting
the environment. It talks about the dignity of the individual in a socialist,
democratic republic.
• A socialist republic means the State should work to remove
inequality and ensure healthy living conditions for all.
• The dignity of the individual includes the right to live in a
clean environment, now considered a part of Article 21.
• A democratic republic means that people have a say in
policies, including those about the environment.

Thus, the Preamble supports the idea that a good standard of life is only
possible in a pollution-free environment.

B. FUNDAMENTAL RIGHTS

The Constitution does not directly mention the right to a clean

environment. But due to judicial activism, the courts have now recognized
this as a fundamental right under Article 21. Articles 14, 19, 32, and 226
have also helped in developing environmental law.

Article 21 – Right to Life

Article 21 says no person shall be deprived of life or liberty except by law.

Courts have expanded this to include the right to a clean and healthy
environment.

Key cases:
 • F. K. Hussain v. UOI (1990) – Kerala HC said clean air and
water are part of life.
• Subash Kumar v. State of Bihar (1991) – SC confirmed the
right to pollution-free water and air.
• Rural Litigation case (1985) – Mining in Mussoorie hills was
stopped due to health and ecological issues.
• M. C. Mehta cases – Right to pollution-free environment
upheld multiple times.
• T. Damodar Rao case – Environmental pollution was seen as
slow poisoning and a violation of Article 21.
• Murli Deora case (2002) – Passive smoking banned in public
places to protect non-smokers’ health.

Article 14 – Equality before Law

Article 14 allows reasonable classification for laws. It has been used to

justify environmental restrictions.

Cases:
• Sushila Saw Mill v. State of Orissa – Ban on saw mills upheld to
protect forests.
• M. C. Mehta (1997) – Restriction on building near a specific
lake was valid, as each ecosystem is unique.
• Rural Litigation case – Mining ban in certain areas was
justified.

Article 19 – Right to Freedom

Citizens have the right to trade and speak freely under Article 19, but
these freedoms are subject to reasonable restrictions to protect the
environment.
Cases:
• Sushila Saw Mill – Ban on saw mills upheld despite affecting
business.
• Ganga Pollution Case – Tanneries ordered to set up treatment
plants or shut down.
• Ivory Traders Case – Ban on ivory trade upheld for biodiversity.
• Taj Mahal Case – Polluting industries near the Taj were shut or
moved.
• Delhi Industries Case – 168 polluting industries were shifted
from the city.

Courts have also ensured workers’ welfare in such cases:

• Rural Litigation case – Unemployed workers were shifted to
eco-programmes.
• M. C. Mehta (1997) – Workers received compensation.
• Olga Tellis case (1986) – Slum dwellers were to be
rehabilitated.

On freedom of speech, courts said:

• P. A. Jacob case (1993) – Loudspeakers not allowed as noise
disturbs peace.
• Biranganga Society case (1996) – Right to sleep and silence
must be protected.
• S. P. Gupta case (1982) & R. P. Ltd. case (1989) – Citizens have
the right to know about government activities.

Articles 32 and 226 – Writ Jurisdiction

• Article 32 gives the Supreme Court power to issue writs to
protect fundamental rights.
• Article 226 gives similar power to High Courts.

In environmental cases, the courts usually issue:

• Mandamus – To force an authority to act (e.g., a municipality
not stopping pollution).
 • Certiorari/Prohibition – To stop illegal or unjust actions (e.g.,
building a factory on land meant for a park).

Prem Chand Garg case (1963) – Supreme Court said the right to approach
the court is a core part of democracy and the court must protect
fundamental rights.Here is the simplified and slightly shorter version of
the content you provided, with all key points retained:

C. Fundamental Duties – Article 51A(g)

The 42nd Amendment of the Constitution (1976) added a new part on

Fundamental Duties under Article 51A. It lists ten duties for Indian
citizens. Among them, Clause (g) specifically talks about the environment.
It states:

“It shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wildlife, and to
have compassion for living creatures.”

This means every citizen should not only protect the environment but also
try to improve it. Even though these duties are not legally enforceable,
courts have used them while making decisions related to environmental
protection.

Important Cases under Article 51A(g):

• L. K. Koolwal v. State of Rajasthan (1988): The High Court said
that Article 51A(g), though a citizen’s duty, also gives people the right to
approach courts when the government fails to keep the environment
clean. The Jaipur Municipality was directed to clean up the city within six
months.
• D. V. Vyas v. Ghaziabad Development Authority (1993): The
court said that if the authority fails to develop public parks as planned, it
violates its responsibility under Article 51A(g).
• Sitaram Chhaparia v. State of Bihar (2002): The Patna High
Court shut down a tyre re-threading plant that was polluting a residential
area, stating that protecting the environment is a fundamental duty.
 • Nature Lovers Movement v. State of Kerala (2000): The
Supreme Court upheld government rules to control environmental damage
by referring to Article 51A(g).
• Goa Foundation v. State of Goa (2000): The Bombay High
Court said that citizens have a duty under Article 51A(g) and can
approach the court to prevent environmental harm.
• Sachidanand Pandey v. State of West Bengal (1987): The
Supreme Court stated that whenever an environmental issue comes
before the court, Article 51A(g) must be considered.

Limitations of Article 51A(g):

• It covers only natural environment, not man-made issues like
noise, light, toxic chemicals, etc.
• It applies only to citizens, not to foreigners.
• There is no punishment for not following these duties.

D. Directive Principles of State Policy – Article 48A

The Directive Principles in the Constitution guide the government in

making policies to achieve social and economic justice. They are not
enforceable by law, but courts try to interpret laws in line with them.

The 42nd Amendment added Article 48A, which says:

“The State shall endeavour to protect and improve the environment and
to safeguard the forests and wildlife of the country.”

This made India one of the few countries with a constitutional

commitment to the environment.

Important Cases:
• Sachidanand Pandey v. State of West Bengal: The Supreme
Court said that Articles 48A and 51A(g) must be kept in mind by courts in
all environmental matters.
 • M. C. Mehta v. Union of India (2002): The Supreme Court said
that Articles 39, 47, and 48A together place a duty on the State to ensure
public health and environmental protection.
• T. Damodhar Rao v. Special Officer, Hyderabad: The Andhra
Pradesh High Court said that environmental protection is the responsibility
of the State and the judiciary, along with citizens.
• Kinkri Devi v. State of Himachal Pradesh: The High Court said
that both citizens and the State have duties to protect nature – forests,
rivers, wildlife, etc.

E. Federal Structure & Division of Legislative Powers

India has a federal structure where the powers to make laws are divided
between the Centre and the States. These are listed in three lists in the
Seventh Schedule of the Constitution:
• Union List (only Parliament can make laws)
• State List (only State Legislatures can make laws)
• Concurrent List (both Parliament and States can make laws,
but if they conflict, the Central law prevails)

Important Articles:
• Article 253: Parliament can make laws for the whole country to
implement international treaties or decisions. Under this, the Air Act, 1981
and the Environment Protection Act, 1986 were passed after the
Stockholm Conference (1972).
• Article 252: Parliament can make laws on State List subjects if
two or more States pass resolutions requesting it. Under this, the Water
Act, 1974 was passed.

42nd Amendment also shifted two subjects from the State List to the
Concurrent List:
• Forests
• Protection of wild animals and birds
This change allowed both Centre and States to legislate on these topics,
but in case of conflict, the Central law will apply.

Thus, Parliament now has wide powers to legislate on all matters related
to the environment.

F. Environmental Protection After the Forty-Second Amendment

The 42nd Amendment (1976) gave a big push to environmental protection

in three important ways:
1. Article 48A was added to guide the State to protect and
improve the environment and safeguard forests and wildlife.
2. Article 51A(g) was added as a fundamental duty of every
citizen to protect and improve the natural environment.
3. Subjects like “Forests” and “Wildlife protection” were moved
from the State List to the Concurrent List, allowing both the Centre and
States to make laws, but giving more power to the Centre.Sure! Here’s a
simplified and shorter version of your detailed text on Public Interest
Litigation (PIL) in Environmental Law:

Public Interest Litigation (PIL) and Environment

PIL has become the most powerful tool in India for protecting the
environment. It allows any citizen or group to approach the court for
public issues, even if they are not directly affected. This helps protect
nature and ensures government accountability.

Why PIL is Effective in Environmental Cases:

• Fast and Flexible: Compared to regular cases, PIL moves
quicker and courts can give interim orders (temporary relief) that often
solve the problem even before final judgment.
• Cheap: Filing a PIL requires very low court fees.
 • Relaxed Rules: Normally, only affected persons can file a case
(locus standi), but PIL allows any concerned citizen to file for the public
good.
• Wide Powers of Court: Courts can issue writs like mandamus
(to force authorities to act), certiorari (to cancel illegal approvals), and
prohibition (to stop illegal actions).
• Systemic Change: PIL doesn’t just punish wrongdoers; it can
push the government to make better environmental policies.

Key Features:
1. Courts ignore minor delays in filing if the cause is genuine.
2. Scientific proof isn’t always needed; courts act on reports and
expert advice.
3. Courts supervise implementation by calling for regular
updates from authorities.
4. Not limited to two parties – many stakeholders can be
involved (e.g., Bombay Dyeing case).
5. Not just about compensation – PILs seek to prevent future
harm and improve governance.
6. Expert support – Courts rely on committees, reports, and
expert opinions to decide.
7. Big environmental judgments have come from PILs – e.g.,
cleaning the Ganga, saving forests, reducing Delhi air pollution, etc.

Famous PIL Contributors:

• M.C. Mehta: A lawyer known for landmark environment PILs
like Ganga pollution, Delhi air, Taj Mahal preservation, and more.
• Bombay Environmental Action Group: An NGO that filed many
PILs on issues like mangroves, illegal construction, and wildlife protection.

Misuse of PIL:
Sometimes people misuse PILs for personal gains or business rivalry.
Courts have strictly rejected such fake PILs and even imposed fines.
Example: Subhash Kumar v. State of Bihar – PIL dismissed because it was
filed for personal profit, not public welfare.

In summary, PIL has been a game-changer in Indian environmental law. It

has allowed citizens and courts to play an active role in protecting the
environment and holding authorities accountable.

2) Question

*Common Law and Environmental Protection (Tort Law)*

The law of torts is one of the oldest legal ways to protect the environment.
It provides remedies against pollution through three main types of torts:

1. *Nuisance*
2. *Negligence*
3. *Strict Liability* (which became *Absolute Liability* after the Bhopal
Gas Tragedy)

People can file cases to claim *damages, **injunctions, or both. Damages

can also be **exemplary (punishment)* to stop others from polluting.

The Supreme Court in *M.C. Mehta v. Kamal Nath (2000)* said:

> “Pollution is a civil wrong, a tort against the whole community. The
person causing pollution can be made to pay exemplary damages to
prevent others from doing the same.”

*Nuisance and Environmental Law*

Nuisance is one of the oldest torts related to environmental issues. It is of
two types:

- *Private Nuisance*: When someone’s actions unreasonably disturb

another person’s use of their property.
- *Public Nuisance*: When many people or a whole community are
affected, like noise or air pollution in an area.

Example:
In *Soltau v. De Held (1851), the court stopped a church from ringing bells
day and night, as it caused **noise pollution* and disturbed the public.
Sure! Here's a *simplified and shortened version* of the full explanation in
*easy language*:

---

### *Environmental Law and Tort Cases in India*

*1. Early Indian Cases on Environmental Pollution:*

- *J.C. Galstaun v. Dunia Lal Seal (1905):*

A factory discharged foul-smelling liquid into a drain near the plaintiff’s
house. The court gave an injunction and awarded ₹1000 as damages.

- *Raj Singh v. Babulal (1982):*

A doctor stopped a neighbour from using a brick machine that spread dust
into his clinic and caused air pollution.

- *B. Venkatappa v. B. Louis (1986):*

The court ordered a person to close chimney holes that sent smoke to his
neighbour’s house. It rejected the excuse that the nuisance existed before
the neighbour came.
- *Kuldip Singh v. Subhash Chandra Jain (2000):*
The court said that *only an existing* nuisance, not a *future possibility*,
can be stopped. So no relief was given.

### *Negligence and Pollution:*

*Negligence* happens when someone fails to take proper care, causing

harm to the environment.

- *Naresh Dutt Tyagi v. State of U.P. (1995):*

Chemicals stored in a residential area released fumes that killed children.
The court held this was clear negligence.

- *Mukesh Textile Mills v. Sastri (1987):*

A molasses tank burst and polluted nearby farmland. The mill was held
negligent for not maintaining the tank properly.

*Important:* In negligence cases, there must be a clear link between the

careless act and the harm caused. Sometimes, it's hard to prove this if the
damage appears long after the pollution.

### *Strict Liability and Absolute Liability:*

- *Strict Liability* (from *Rylands v. Fletcher*, 1868):

If someone keeps dangerous things on their land and they escape, they
must pay for any damage caused—even without negligence.

- *Exceptions* to strict liability:

Act of God, third-party actions, plaintiff's own fault, etc.
- *Mukesh Textile Mills case* also followed this rule when molasses leaked
and damaged crops.

- *Absolute Liability* (developed in India after the *Bhopal Gas Tragedy*):

Indian courts removed all exceptions. If a hazardous industry causes
harm, it must *fully compensate* the victims—*no excuses allowed*.

This change was made to ensure better protection from harmful industries
using dangerous chemicals.Sure! Here's a *short and easy-to-understand
version* of the content:

### *Absolute Liability – Sriram Gas Leak Case*

Chief Justice *P.N. Bhagwati, in the **Sriram Gas Leak case, introduced the
rule of **absolute liability*. He said:

- If a company runs a *dangerous or hazardous industry, it has a **full and

non-transferable duty* to compensate people who are harmed, *without
any excuses*.
- This rule is *stricter than strict liability* (no defences like "Act of God" or
"third party" allowed).

This principle was later included in laws:

- *Public Liability Insurance Act, 1991* – Compensation is given *without

proving fault, but the maximum is just **₹25,000*.
- *National Environment Tribunal Act, 1995* – Allowed higher
compensation for *death, injury, or property damage* due to hazardous
substances (now replaced by the *Green Tribunal Act, 2010*).

### *Environment Protection under the Indian Penal Code (IPC)*

Even before environmental laws, the *IPC (Indian Penal Code)* had rules
to protect the environment:

#### *Key Sections:*

- *Section 268* – Defines *public nuisance* (any act that harms the
public’s health, safety, or comfort).
Example: Smoke, gas, noise pollution.
- Citizens can file complaints, but the fine is only *₹200*, which is too low
to be effective.

- *Sections 269–271* – Punishment for *negligent acts* that may spread

*diseases*.

- *Section 277* – Punishes those who *pollute water sources* like wells or
tanks.

- *Section 278* – Covers *air pollution*, punishes those who make air
harmful to health.

- *Sections 284–286* – Punish careless handling of *poison, **fire, or

**explosives* that endanger life.

- *Section 290* – General punishment for *public nuisance*, also used for
noise pollution.

- *Sections 426–432* – Related to *mischief*; these can be used if

pollution is caused by someone's wrongful act.
Got it! Here’s a *moderately short and simplified version*—clear and
detailed enough for understanding or notes, but still much shorter than
the original:
### *C. Environmental Protection under the Code of Criminal Procedure
(Cr.P.C.)*

The Code of Criminal Procedure provides important remedies to control

environmental pollution, especially public nuisance, through *Sections 133
to 144*.

---

### *Section 133 – Conditional Orders for Removal of Nuisance*

Under this section, a Magistrate can pass a *conditional order* requiring a

person to stop or remove any *unlawful obstruction or nuisance* from a
public place, river, or road. This includes:

- Stopping harmful trades or businesses affecting health or comfort of

people
- Removing pollutants from water bodies
- Preventing pollution caused by storage of harmful substances

Once the order is passed, the person must either *comply or appear
before the Magistrate* to show cause. If they fail to follow the final order,
they can be punished under *Section 188 of the IPC*.

This section can be used against *private individuals as well as

government bodies*, like municipal corporations, if they cause or allow
pollution.

#### *Important Case Laws:*

1. *P.C. Cherian v. State of Kerala (1981)* – Two rubber factories emitted

carbon black particles that dirtied clothes and caused discomfort. The
Kerala High Court upheld the Magistrate’s order directing the factories to
stop the pollution.
2. *Krishna Gopal v. State of M.P. (1986)* – A glucose factory caused air
and noise pollution near a residential area. The High Court rejected the
factory owner’s defence that inconvenience to a few residents isn’t public
nuisance.

3. *Ramlal v. Dharam Vir (2001)* – Delhi High Court held that even one
person can approach the Magistrate under Section 133 to remove public
nuisance, even if other remedies exist.

4. *Gobind Singh v. Shanti Sarup (1979)* – The Supreme Court directed a

bakery owner to demolish his oven and chimney as the smoke caused
health problems in the neighbourhood.

5. *Ajeet Mehta v. State of Rajasthan (1990)* – A fodder business caused

dust pollution. The Magistrate ordered it to be removed from the area
within 15 days, and the High Court upheld this.

---

### *Section 144 – Urgent Preventive Orders*

Section 144 allows a Magistrate to *prevent environmental harm* by

issuing orders to stop a person from doing an act that may:

- Cause obstruction, annoyance, or injury to others

- Affect human life, health, or safety

This can be used when immediate action is necessary, and the order can
be passed *ex parte* (without hearing the opposite party).

---

### *Delays in Environmental Justice: A Landmark Case*

*Municipal Council, Ratlam v. Vardhichand (1980)*

- Residents of Ratlam city suffered from open drains, foul smells, and
insanitary conditions.
- They filed a complaint under Section 133 Cr.P.C. The Magistrate ordered
the Municipality to prepare a plan to solve the problem.
- The Municipality appealed and argued *lack of funds. The case went
through **three levels of appeals* and took *eight years*.
- The *Supreme Court, led by **Justice Krishna Iyer*, upheld the
Magistrate’s order and ruled that financial inability is not a valid excuse.
The Municipality was directed to act immediately to improve sanitation.

*Conclusion:*

Though the Cr.P.C. offers effective legal tools against environmental

pollution and public nuisance, delays in litigation can limit their
usefulness. However, courts have actively used these sections to protect
public health and the environment, even against powerful bodies like
municipal corporations.

3rd question
Environmental Law – Meaning and Purpose

1. Meaning of Environmental Law

Environmental Law is a branch of law that deals with the protection and
conservation of the environment. It includes a set of legal rules,
regulations, treaties, and policies that govern how humans interact with
the natural world, with the aim to prevent environmental harm and
promote sustainable development.

According to the Environment (Protection) Act, 1986,

“Environment includes water, air, land and the inter-relationship which
exists among and between them and human beings, other living
creatures, plants, micro-organisms and property.”

Environmental Law in India includes constitutional provisions,

parliamentary legislations, judicial decisions, and international treaties.

2. Purpose of Environmental Law

The main objectives and purposes of environmental law are:

(i) Protection of Environment

• To prevent air, water, noise, and soil pollution.
• To conserve forests, wildlife, and biodiversity.

(ii) Sustainable Development

• Balancing environmental protection with economic growth.
• Ensuring that development does not harm future generations.

(iii) Conservation of Natural Resources

• Managing and preserving natural resources like forests, rivers,
minerals, etc., for long-term use.

(iv) Prevention of Environmental Degradation

• Reducing harmful human activities that lead to environmental
damage, such as industrial pollution, deforestation, and over-extraction.

(v) Public Health and Safety

• Environmental pollution directly affects human health;
environmental laws help reduce disease caused by contaminated air,
water, and land.
(vi) Public Participation and Awareness
• Encouraging citizen involvement in environmental protection.
• The Right to Information and public interest litigation (PILs)
support public awareness and action.

(vii) Implementation of International Agreements

• Environmental laws help India fulfill its obligations under
global treaties like:
• Stockholm Declaration (1972)
• Rio Earth Summit (1992)
• Paris Climate Agreement (2015)

3. Legal Framework of Environmental Law in India

(A) Constitutional Provisions

• Article 48A: Duty of the State to protect and improve the
environment.
• Article 51A(g): Fundamental duty of citizens to protect the
natural environment.
• Article 21: Right to life includes the right to a clean and
healthy environment (as interpreted by the judiciary).

(B) Key Legislations

1. Environment (Protection) Act, 1986 – Umbrella legislation for
environmental regulation.
2. Water (Prevention and Control of Pollution) Act, 1974
3. Air (Prevention and Control of Pollution) Act, 1981
4. Wildlife Protection Act, 1972
5. Forest Conservation Act, 1980
6. Biological Diversity Act, 2002
(C) Judicial Role
• Indian judiciary has played a proactive role in environmental
protection through Public Interest Litigations (PILs).
• Landmark cases:
• M.C. Mehta v. Union of India
• Vellore Citizens Welfare Forum v. Union of India
• A.P. Pollution Control Board v. M.V. Nayudu

4. Principles Governing Environmental Law

• Precautionary Principle – Prevent harm before it happens.
• Polluter Pays Principle – The one who pollutes must bear the
cost.
• Public Trust Doctrine – Natural resources are held in trust by
the State for public use.

5. Conclusion

Environmental law is essential for preserving ecological balance, ensuring

public health, and promoting responsible development. It reflects a
growing recognition of the need for legal measures to deal with
environmental crises. With the increase in global environmental
challenges, environmental law has become an important and evolving
field of legal study and practice.

4th question
Environment, its Components, and Factors Affecting the Quality of
Environment, including Global Warming, Climate Change, and Kinds of
Pollution

1. Introduction: Meaning of Environment

The term Environment includes all the physical, chemical, and biological
surroundings of human beings. It is the combination of natural and man-
made elements that support life on Earth. The environment provides air to
breathe, water to drink, food to eat, and resources to live.

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

“Environment includes water, air and land and the inter-relationship which
exists among and between water, air and land, and human beings, other
living creatures, plants, microorganisms and property.”

2. Components of Environment

The environment is divided into the following major components:

(A) Natural Components:

1. Atmosphere – the blanket of gases that surrounds the Earth.
2. Lithosphere – the solid surface of the Earth including soil and
rocks.
3. Hydrosphere – all the water bodies like oceans, rivers, lakes,
etc.
4. Biosphere – all forms of life including humans, animals, and
plants.

(B) Man-made (Anthropogenic) Components:

• Cities, buildings, roads, industries, vehicles, technologies, etc.
• Institutions and structures created by humans such as laws,
governments, and cultural systems.

3. Factors Affecting Environmental Quality

Various human and natural activities have negatively impacted
environmental quality. Major factors include:

(i) Deforestation
• Forests are cleared for agriculture, construction, and urban
development.
• Leads to habitat loss, reduced oxygen, and increased CO₂
levels.

(ii) Industrialization
• Industrial emissions release toxic gases and wastes into the
air, water, and soil.
• Major cause of pollution and environmental degradation.

(iii) Urbanization
• Rapid urban growth increases solid waste, sewage, traffic, and
reduces green cover.

(iv) Overexploitation of Resources

• Excessive use of water, minerals, fossil fuels leads to
depletion and imbalance in nature.

(v) Pollution
• Pollution is the contamination of the environment with harmful
substances.
• It is the most direct and visible cause of environmental
degradation.

4. Types of Pollution

(A) Air Pollution

 • Causes: Vehicle emissions, factory smoke, burning of fossil
fuels.
• Effects: Respiratory problems, smog, acid rain, global
warming.
• Legal Provision: Air (Prevention and Control of Pollution) Act,
1981
• Section 2(b) defines air pollution.
• Section 21 requires industries to get consent before releasing
emissions.

(B) Water Pollution

• Causes: Industrial waste, sewage discharge, agricultural
runoff.
• Effects: Contaminated drinking water, damage to aquatic life,
diseases.
• Legal Provision: Water (Prevention and Control of Pollution)
Act, 1974
• Section 2(e) defines pollution.
• Section 24 prohibits disposal of harmful substances into water
bodies.

(C) Soil Pollution

• Causes: Use of chemical fertilizers, pesticides, dumping
industrial and plastic waste.
• Effects: Loss of fertility, crop damage, entry of toxins into the
food chain.

(D) Noise Pollution

• Causes: Vehicles, factories, loudspeakers, construction.
• Effects: Hearing loss, sleep disturbances, mental stress.
• Legal Provision: Environment Protection Act, 1986 & Noise
Pollution (Regulation and Control) Rules, 2000.

(E) Thermal Pollution

 • Causes: Release of hot water from industries into rivers or
lakes.
• Effects: Reduces oxygen levels in water, kills aquatic life.

5. Global Warming

Global Warming refers to the rise in Earth’s average surface temperature

due to increased emission of greenhouse gases like CO₂, CH₄, and N₂O.
These gases trap heat in the atmosphere, causing:
• Melting of glaciers
• Rising sea levels
• Extreme weather patterns
• Shift in seasons

India’s commitment to climate action was reaffirmed through the Paris

Agreement (2015) and various climate mitigation programs under the
National Action Plan on Climate Change (NAPCC).

6. Climate Change

Climate Change is the long-term alteration in Earth’s climate patterns,

such as temperature, rainfall, and storm frequency.
It is caused mainly by global warming, pollution, and deforestation.

Consequences:
• Frequent natural disasters
• Food and water scarcity
• Migration of species
• Impact on agriculture and biodiversity
Legal Measures:
• India has introduced the Energy Conservation Act, 2001 and
various policies for renewable energy, energy efficiency, and disaster
resilience.

7. Constitutional and Legal Provisions

The Indian Constitution recognizes environmental protection as both a

duty of the state and a duty of the citizen:
• Article 48A: “The State shall endeavor to protect and improve
the environment and to safeguard forests and wildlife.”
• Article 51A(g): “It shall be the duty of every citizen of India to
protect and improve the natural environment.”

Article 21 (Right to Life) has been interpreted by the Supreme Court to

include the right to a clean and healthy environment.

8. Important Environmental Principles in Law

1. Precautionary Principle – Environmental harm should be
prevented even when scientific certainty is lacking.
2. Polluter Pays Principle – The one who causes pollution must
bear the cost of managing it.
3. Public Trust Doctrine – The government holds natural
resources in trust for the people.

These principles have been recognized by the Indian Judiciary in landmark

cases such as:
• M.C. Mehta v. Union of India
• Vellore Citizens’ Welfare Forum v. Union of India
• A.P. Pollution Control Board v. Prof. M.V. Nayudu
9. Recent Government Initiatives
• Swachh Bharat Abhiyan – Clean India Mission.
• National Electric Mobility Mission – Promotion of electric
vehicles.
• International Solar Alliance (ISA) – Promoting solar energy use
globally.
• Green Skill Development Programme (GSDP) – Training youth
in green jobs.

10. Conclusion

Environmental protection is not only a legal duty but also a moral

responsibility. The quality of the environment is closely linked with human
survival and health. Therefore, every individual, society, and government
must work together to reduce pollution, control global warming, and fight
climate change. Stronger enforcement of environmental laws and greater
public participation are essential for a sustainable future.

Module 2
1st question
the United Nations Framework Convention on Climate Change (UNFCCC),
the Kyoto Protocol, the Montreal Protocol, and the Convention on
Biological Diversity (CBD). Each plays a crucial role in addressing global
environmental challenges.

🌍 1. United Nations Framework Convention on Climate Change (UNFCCC)

Established: 1992 at the Earth Summit in Rio de Janeiro

Came into Effect: March 21, 1994
Members: 198 countries
Purpose

The UNFCCC is an international treaty aimed at addressing climate

change. Its main goal is to stabilize greenhouse gas concentrations in the
atmosphere to prevent dangerous human-induced interference with the
climate system.

Key Features
• Common but Differentiated Responsibilities (CBDR):
Recognizes that while all countries are responsible for addressing climate
change, developed countries have contributed more to the problem and
thus should take the lead in combating it.
• Conference of the Parties (COP): An annual meeting where
countries assess progress and negotiate new commitments.
• Subsidiary Bodies: Technical and implementation support is
provided by bodies like the Subsidiary Body for Scientific and
Technological Advice (SBSTA) and the Subsidiary Body for Implementation
(SBI).

Achievements
• Kyoto Protocol (1997): Established legally binding emission
reduction targets for developed countries.
• Paris Agreement (2015): A landmark agreement where all
countries committed to limit global warming to well below 2°C, with
efforts to keep it below 1.5°C above pre-industrial levels.

📉 2. Kyoto Protocol

Adopted: December 11, 1997

Came into Effect: February 16, 2005
Members: 192 countries 

Purpose
The Kyoto Protocol is an international treaty that extends the UNFCCC,
committing its parties to reduce greenhouse gas emissions, based on the
scientific consensus that global warming is occurring and that human-
made CO₂ emissions are driving it.

Key Features
• Binding Targets: Developed countries committed to reducing
emissions by an average of 5% below 1990 levels during the first
commitment period (2008–2012).
• Flexibility Mechanisms:
• Emissions Trading: Allows countries to trade emission
allowances.
• Clean Development Mechanism (CDM): Enables developed
countries to invest in emission reduction projects in developing countries.
• Joint Implementation (JI): Permits developed countries to carry
out emission reduction projects in other developed countries.

Challenges

While the protocol set binding targets, its effectiveness was limited due to
the non-participation of some major emitters and the withdrawal of
others. The United States signed but did not ratify the protocol, and
Canada withdrew in 2012. Additionally, the protocol’s first commitment
period ended in 2012, and subsequent efforts have focused on more
inclusive agreements like the Paris Agreement.

🧊 3. Montreal Protocol

Adopted: September 16, 1987

Came into Effect: January 1, 1989
Members: 197 countries (universal ratification) 

Purpose
The Montreal Protocol is a landmark multilateral environmental agreement
that regulates the production and consumption of nearly 100 man-made
chemicals referred to as ozone-depleting substances (ODS). When
released into the atmosphere, these chemicals damage the stratospheric
ozone layer, Earth’s protective shield against harmful ultraviolet radiation.

Key Features
• Phase-Out Schedules: Establishes timelines for phasing out
the production and consumption of ODS, with different schedules for
developed and developing countries.
• Amendments: The protocol has been adjusted multiple times
to include new substances and accelerate phase-out schedules.
• Kigali Amendment (2016): A significant amendment aimed at
phasing down hydrofluorocarbons (HFCs), potent greenhouse gases, to
mitigate climate change.

Achievements
• Ozone Layer Recovery: The protocol has led to the phase-out
of 98% of ODS globally compared to 1990 levels. With full implementation,
the ozone layer is projected to recover by the middle of the 21st century.
• Climate Benefits: By reducing ODS, many of which are also
potent greenhouse gases, the protocol has significantly contributed to
climate change mitigation efforts.

🌱 4. Convention on Biological Diversity (CBD)

Adopted: June 5, 1992

Came into Effect: December 29, 1993
Members: 196 countries 

Purpose

The CBD is a multilateral treaty with three main goals:

 1. Conservation of Biological Diversity: Protecting the variety of
life on Earth.
2. Sustainable Use of Its Components: Ensuring that the use of
natural resources is sustainable.
3. Fair and Equitable Sharing of Benefits: Sharing benefits arising
from the utilization of genetic resources fairly and equitably.

Key Features
• National Strategies: Encourages countries to develop national
strategies for the conservation and sustainable use of biological diversity.
• Protocols:
• Cartagena Protocol (2000): Focuses on biosafety, addressing
the safe handling, transport, and use of living modified organisms
resulting from biotechnology.
• Nagoya Protocol (2010): Deals with access to genetic
resources and the fair and equitable sharing of benefits arising from their
utilization.

Challenges

While the CBD has near-universal participation, the United States has
signed but not ratified the treaty. Implementation varies across countries,
and global biodiversity continues to face significant threats from habitat
loss, climate change, and other factors.

2nd question
Stockholm

The United Nations Conference on the Human Environment, commonly

known as the Stockholm Conference, was held in Stockholm, Sweden,
from 5th to 16th June 1972. It was the first major international conference
that placed environmental issues on the global agenda. This conference
marked the beginning of international cooperation on environmental
protection.
1. Background and Need:

By the 1960s, rapid industrialization and urbanization had led to serious

environmental problems such as air and water pollution, deforestation,
and loss of biodiversity. There was growing awareness that environmental
issues were global in nature and required coordinated international efforts.
In response, the UN General Assembly passed Resolution 2398 (XXIII) in
1968, proposing an international conference. This led to the Stockholm
Conference.

2. Objectives of the Conference:

The main objectives of the Stockholm Conference were:

• To raise global awareness about environmental problems.
• To encourage countries to adopt environmental protection
policies.
• To lay the foundation for international environmental law.

3. Key Outcomes:

The Stockholm Conference had several important outcomes:

a. Stockholm Declaration (1972):

The Conference adopted a declaration containing 26 principles relating to
the environment and development. It emphasized that:
• Humans have a fundamental right to a healthy environment.
• Natural resources must be protected.
• Pollution must be controlled.
• Environmental education is essential.

(Ref: S.C. Shastri, Environmental Law, EBC Publications)

b. Action Plan for the Human Environment:

A 109-point action plan was adopted to promote environmental
governance and sustainable development.

c. Creation of UNEP:
One of the most significant results of the Stockholm Conference was the
establishment of the United Nations Environment Programme (UNEP) in
1972, with its headquarters in Nairobi, Kenya. UNEP became the global
authority for environmental issues.

d. Recognition of Sovereign Rights and Responsibilities:

The conference recognized that nations have the sovereign right to exploit
their own resources, but also the responsibility to ensure that their actions
do not cause environmental damage to other states.

(Ref: Shyam Divan & Armin Rosencranz, Environmental Law and Policy in
India, Oxford University Press)

4. Significance for India:

India actively participated in the conference. Then Prime Minister Indira

Gandhi gave a historic speech emphasizing that poverty is the greatest
polluter. Her speech highlighted the need to balance environmental
protection with socio-economic development in developing countries.

5. Impact:
• First step towards international environmental law.
• Inspired national legislations (e.g., India enacted the Water
Act, 1974).
• Created a platform for future conferences (e.g., Rio
Conference, 1992).

Conclusion:

The Stockholm Conference of 1972 was a landmark event in the history of

environmental protection. It established the basic principles of
international environmental law and marked the beginning of global
environmental governance. It continues to influence environmental
policies and international law to this day.

3rd Rio declaration

Q. Write a note on the Rio Declaration, 1992.

[10 Marks]

Answer:

The Rio Declaration on Environment and Development was adopted at the

United Nations Conference on Environment and Development (UNCED),
also called the Earth Summit, held in Rio de Janeiro, Brazil, from 3rd to
14th June 1992. The declaration consists of 27 principles designed to
guide future sustainable development around the world.

It followed the Stockholm Declaration of 1972 and further strengthened

international cooperation on environmental issues by including social and
developmental concerns.

(Ref: S.C. Shastri, Environmental Law, EBC; Shyam Divan & Armin
Rosencranz, Environmental Law and Policy in India, Oxford)

1. Nature and Scope

The principles of the Rio Declaration are legally non-binding, but they
have become highly influential in the development of international
environmental law and national environmental policies.

The Rio Declaration emphasizes that environmental protection and

economic development must go hand-in-hand to achieve sustainable
development.
2. Important Principles of the Rio Declaration

Principle 1: Sustainable Development Focus

Human beings are at the centre of concerns for sustainable development

and are entitled to a healthy and productive life in harmony with nature.
(Unlike the Stockholm Declaration, it does not refer to the right to a
healthy environment as a human right.)

Principle 2: Sovereign Rights and Responsibility

States have the sovereign right to exploit their own resources according to
their environmental and developmental policies, but they must ensure
that activities within their jurisdiction do not cause environmental harm to
other States.
(This is a repetition of Principle 21 of the Stockholm Declaration.)

Principle 3: Intergenerational Equity

The right to development must be fulfilled to meet the needs of both

present and future generations. This reflects the concept of sustainable
development.

Principle 5: Poverty Eradication

This principle links poverty and environmental degradation, and

emphasizes that removing poverty is essential for sustainable
development.

Principle 10: Public Participation and Access to Information

This principle calls for:

• Access to environmental information,
 • Participation in decision-making,
• Access to justice and remedies for environmental harm.

Principle 13 & 16: Polluter Pays Principle

States should develop laws for liability and compensation for victims of
pollution. The polluter should bear the cost of environmental damage.

Principle 15: Precautionary Principle

If there is a risk of serious environmental damage, lack of full scientific

certainty should not be used as a reason to delay action. This is key to
preventive environmental governance.

Principle 17: Environmental Impact Assessment (EIA)

EIA should be carried out for projects likely to cause significant

environmental harm.

Principles 20–22: Role of Women, Youth, and Indigenous People

These principles recognize the important role of marginalized groups in

environmental management and encourage their participation.

Principles 24–25: Peace and Environmental Protection

They declare that warfare is destructive of sustainable development, and

that peace is essential for environmental conservation.

3. Significance
• It shaped the foundation for later treaties like the Convention
on Biological Diversity (CBD) and the UN Framework Convention on
Climate Change (UNFCCC).
 • Many principles, though non-binding, are now considered part
of customary international law.
• It influenced Indian environmental jurisprudence, particularly
in the adoption of principles like polluter pays and precautionary principle
by the Supreme Court of India.

(Ref: Shyam Divan & Armin Rosencranz, Environmental Law and Policy in
India)

Conclusion

The Rio Declaration, 1992 played a crucial role in promoting sustainable

development at the global level. By combining environmental protection
with developmental goals and human participation, it has become a
cornerstone of modern environmental law and

4th question
Background:

Ten years after the Rio Earth Summit (1992), the United Nations organized
another important international conference known as the World Summit
on Sustainable Development (WSSD) or Rio+10. It was held in
Johannesburg, South Africa, from August 26 to September 4, 2002.

The main aim of the summit was to:

• Review the progress made since the Rio Summit.
• Check how well countries had implemented Agenda 21, which
was adopted in Rio.
• Reaffirm the global commitment to sustainable development.

Unfortunately, the United States did not send an official delegation, which
weakened the political impact of the Summit.
Main Documents from the Summit:

The Summit resulted in two key documents:

1. Johannesburg Declaration – A political statement made by
world leaders reaffirming their commitment to sustainable development.
2. Plan of Implementation – A detailed action plan to speed up
progress towards the goals set in earlier conferences.

About the Johannesburg Declaration:

Unlike the Stockholm and Rio Declarations, the Johannesburg Declaration

was more general and political in nature. It had 37 declarations, but did
not focus deeply on specific environmental issues, which disappointed
many observers.

Key Points of the Johannesburg Declaration:

• Declaration 5: Defines sustainable development as having
three main pillars –
1. Economic development
2. Social development
3. Environmental protection
All three must be pursued together at all levels – local, national, regional,
and global.
• Declaration 11: Focuses on:
• Ending poverty
• Changing unsustainable consumption and production patterns
• Protecting natural resources
• Declarations 11–15: List out major challenges to sustainable
development such as poverty, inequality, and environmental damage.
• Declaration 13: Acknowledges that the global environment is
still suffering, with ongoing problems like:
• Loss of biodiversity
 • Depletion of fish stocks
• Climate change
• Desertification (land becoming dry and infertile)
• Pollution of air, water, and oceans
• Vulnerability of developing countries to environmental
disasters
• Declaration 18: Promises to improve access to:
• Clean water, food, health care, shelter, energy, and sanitation
• Also calls for: funding, new technology, market access,
education, and training
• Declaration 19: Identifies several threats to sustainable
development, including:
• Hunger and malnutrition
• Wars and foreign occupation
• Drug trafficking, organized crime, corruption
• Human trafficking, terrorism, diseases like HIV/AIDS, malaria,
and TB
• Declarations 32 & 33:
• Support the United Nations’ leadership in promoting
sustainable development
• Emphasize the need to monitor progress regularly
• Declaration 37:
• Ends with a strong global pledge from the African continent
(the “cradle of humankind”) to work together for a better future for all.

Special Initiative:

To promote these ideas, the Summit proposed a focus on education for

sustainable development. Later, the UN General Assembly declared 2005–
2014 as the Decade of Education for Sustainable Development.

Conclusion:
The Johannesburg Summit was an important step in continuing the
journey started at Rio. Although it lacked strong environmental
commitments, it highlighted the need to address poverty, inequality, and
other global challenges as part of sustainable development. It also
reinforced the importance of international cooperation and education.

5th question
Polluter Pays Principle

The Polluter Pays Principle (PPP) is a fundamental concept in

environmental law that holds polluters absolutely liable for any
environmental damage they cause. It ensures that those engaged in
hazardous or inherently dangerous activities compensate for any loss
suffered by others, regardless of whether reasonable care was taken.

Key Aspects of the Principle

1. Definition and Meaning

• The Polluter Pays Principle states that polluters must pay for
the damage they cause to the environment.
• This includes compensation for affected people, restoration of
damaged ecosystems, and penalties for violating pollution norms.

2. Objective of the Principle

• Encourages industries to adopt cleaner technologies.
• Ensures that the government and taxpayers do not bear the
cost of pollution.
• Promotes sustainable development by making polluters
responsible.

3. Absolute Liability for Environmental Damage

• The Supreme Court of India has ruled that industries involved
in hazardous activities must compensate victims of environmental harm.
• This applies even if the polluter followed safety measures,
making liability unavoidable.
4. Legal Recognition and International Acceptance
• The OECD (Organisation for Economic Co-operation and
Development) introduced this principle in 1972.
• The Rio Declaration of 1992 (Principle 16) reinforced the
principle globally.
• Many countries, including India, have included it in their
environmental laws and court judgments.

5. Polluter Pays Principle in India

• Recognized by the Supreme Court of India as part of Article 21
(Right to Life) under the Constitution of India.
• Applied in landmark cases like Vellore Citizens Welfare Forum
v. Union of India (1996), where industries were fined for polluting
groundwater.
• Implemented under laws like the Environment Protection Act,
1986, Water (Prevention and Control of Pollution) Act, 1974, and Air
(Prevention and Control of Pollution) Act, 1981.

6. Misinterpretation of the Principle

• The principle does not mean “Pay and Pollute”, as industries
cannot escape responsibility simply by paying fines.
• Instead, they are required to prevent pollution, compensate
victims, and restore environmental damage.

7. Public Liability Insurance Act, 1991

• To ensure industries comply with pollution compensation
orders, the Public Liability Insurance Act, 1991, was enacted.
• Industries with a capital of ₹2 lakhs or more must obtain
insurance coverage to compensate victims in case of environmental
damage.
 8. Penalty and Fines as Per Industry Capital
• According to the Environment Protection Act, 1986, penalties
for violating pollution norms include:
• For industries with capital investment above ₹1 crore: Fine up
to ₹1,00,000 per day for continued pollution.
• For smaller industries: Fines are decided based on the severity
of pollution.
• In case of severe violations: The industry can be shut down,
and responsible officials may face imprisonment up to 5 years, extendable
to 7 years if pollution continues.

9. Challenges in Implementation
• Difficulty in identifying the exact polluter in large-scale
pollution cases.
• Some industries try to shift costs to consumers or evade
penalties.
• Need for strict enforcement by pollution control authorities.

Conclusion

The Polluter Pays Principle is a crucial legal doctrine ensuring industries

take responsibility for pollution. It has been widely accepted but still
requires stronger enforcement to achieve its full impact.

6th question
Introduction

The Precautionary Principle is an important rule in environmental law. It

means that if there is a chance of serious or permanent environmental
damage, the government or concerned authorities must take action to
prevent it—even if there is no complete scientific proof yet. The main idea
is to stop harm before it happens, instead of waiting to fix things after
damage is done. In simple terms, it follows the saying: “Better safe than
sorry.”
Rationale Behind the Principle

This principle is based on the fact that once environmental harm occurs, it
is often very difficult or impossible to reverse—for example, if a species
goes extinct or a forest is destroyed. Also, scientific knowledge is not
always complete or quick to catch up with emerging environmental risks.
So, waiting for full proof may result in serious damage.
That is why the law supports taking precautionary steps early on, even
when we are not fully sure. The goal is to avoid harm by acting carefully
and responsibly in advance.

Core Elements
• Preventive Action: Authorities must act in advance to avoid
environmental degradation.
• Shift in Burden of Proof: The onus lies on the person or
industry proposing an activity to demonstrate that it will not cause
environmental harm.
• Proactive Governance: Environmental protection should not
wait for scientific consensus if the potential harm is significant.

International Development
• Stockholm Declaration, 1972: Focused on environmental
protection through managing pollution using available scientific
knowledge.
• World Charter for Nature, 1982: Marked a shift toward the
precautionary approach.
• Rio Declaration, 1992 (Principle 15): Explicitly adopted the
Precautionary Principle, stating that lack of scientific certainty should not
delay measures to prevent environmental degradation.

Judicial Recognition in India

1. Vellore Citizens Welfare Forum v. Union of India (1996)
• The Supreme Court held that the Precautionary Principle and
the Polluter Pays Principle are part of the law of the land under Article 21
of the Constitution.
• Emphasized the need for sustainable development.

2. M.C. Mehta v. Union of India (Taj Trapezium Case)

• Applied the principle to safeguard the Taj Mahal from air
pollution.
• Directed industries to shift to cleaner fuels and relocate if
necessary.

3. A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999)

• The Court highlighted that environmental decision-making
must be guided by the principle of prudence and precaution, especially
when scientific data is inconclusive.
• Emphasized choosing the least environmentally damaging
option.

4. M.C. Mehta (Badkhal and Surajkund Lakes Case, 1997)

• Imposed a ban on construction near ecologically sensitive
lakes.
• The Court proactively protected the environment despite lack
of detailed scientific reports.

5. Narmada Bachao Andolan v. Union of India (2000)

• Clarified that where environmental impacts are clearly known,
the focus should be on mitigative measures rather than applying the
precautionary principle blindly.
• Distinguished between uncertain and certain risks.

Statutory Recognition
 • In 2006, the Government of India issued a notification making
prior environmental clearance mandatory for 39 types of developmental
projects.
• This reflects the institutionalization of the precautionary
approach in policymaking and environmental governance.

Recent Developments

1. Assam Gas Leak (2020)

• Oil India Limited operated without appropriate environmental
clearances.
• The incident highlighted the failure to apply the precautionary
principle, resulting in a massive ecological disaster.

2. Karnataka-Goa Railway Line Expansion Case

• Supreme Court revoked project clearance as it posed a threat
to a protected tiger corridor.
• Emphasized that economic interests cannot override
ecological safety, especially where environmental impact assessments are
inadequate.

Conclusion

The Precautionary Principle has evolved from a global concept into a well-
recognized part of Indian environmental jurisprudence. It ensures that
environmental protection is prioritized even in the face of scientific
uncertainty. By shifting the burden of proof and emphasizing preventive
action, the principle plays a crucial role in upholding the right to a healthy
environment under Article 21 of the Constitution. Indian courts and policy
frameworks have adopted it extensively, making it a powerful tool in
environmental governance.

7th question
Public Trust Doctrine

Introduction

The Public Trust Doctrine is a legal principle rooted in ancient Roman law,
asserting that certain natural resources—like air, water, forests, and the
sea—are held by the state in trust for public use. These resources are
considered gifts of nature and should be accessible to all, regardless of
individual status. The doctrine emphasizes that these resources cannot be
privatized if such actions harm public interest.

Core Principles
1. State as Trustee: The government holds natural resources in a
fiduciary capacity, meaning it must manage them responsibly for the
benefit of the public.
2. Public Access and Use: Resources like rivers, forests, and
parks should remain accessible for public use, including recreation and
cultural activities.
3. Non-Alienation: The state cannot transfer these resources to
private entities if such actions compromise public interest or
environmental sustainability.
4. Sustainable Management: Natural resources must be
managed in a way that ensures their availability for future generations,
aligning with the principle of intergenerational equity.

Constitutional Backing

The doctrine aligns with several constitutional provisions:

• Article 21: Guarantees the right to life, which the judiciary has
interpreted to include the right to a clean and healthy environment.
• Article 48A: Directs the state to protect and improve the
environment and safeguard forests and wildlife.
• Article 51A(g): Imposes a duty on every citizen to protect and
improve the natural environment.

Landmark Judgments
 1. M.C. Mehta v. Kamal Nath (1997): The Supreme Court held
that the government violated the Public Trust Doctrine by leasing
ecologically sensitive land to a private company, leading to environmental
degradation. The Court emphasized the state’s duty to protect natural
resources for public use.
2. M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu (1999): The
Court ruled that constructing an underground shopping complex beneath
a public park violated the doctrine, as it deprived the public of essential
green space.
3. Shailesh R. Shah v. State of Gujarat (2002): The Gujarat High
Court emphasized the state’s positive obligation to protect natural
resources like lakes and wetlands, reinforcing the doctrine’s applicability.
4. Plachimada Coca-Cola Case: The Kerala High Court applied the
doctrine to groundwater resources, stating that the government cannot
permit private entities to exploit such resources at the expense of public
interest.

Significance
• Environmental Protection: The doctrine serves as a legal tool
to prevent the overexploitation of natural resources and ensures
environmental sustainability.
• Public Interest Safeguard: It ensures that the government’s
actions regarding natural resources prioritize public welfare over private
gains.
• Judicial Oversight: Courts can invoke the doctrine to review
and nullify governmental decisions that threaten public resources.

Challenges in Implementation

Despite its robust theoretical foundation, the doctrine faces practical

challenges:
• Bureaucratic Inertia: Administrative delays and lack of
proactive measures can hinder the doctrine’s effective application.
• Competing Economic Interests: Balancing developmental
needs with environmental conservation remains a complex task.
• Legal Ambiguities: In some cases, the absence of specific
legislation complicates the enforcement of the doctrine.
Conclusion

The Public Trust Doctrine is a cornerstone of environmental jurisprudence

in India, reinforcing the state’s role as a guardian of natural resources. It
ensures that these resources are preserved for public use and future
generations, aligning with constitutional mandates and promoting
sustainable development.

8th question
Q. What do you understand by intergenerational and intragenerational
duties? Explain.

Sustainable development is based on two important duties:

1. Intergenerational duty
2. Intragenerational duty

These duties are meant to ensure justice and fairness in how we use and
protect the environment — both for people living today and for future
generations.

(Ref: S.C. Shastri, Environmental Law, EBC; Shyam Divan & Armin
Rosencranz, Environmental Law and Policy in India, Oxford)

1. Intergenerational Duty:
• Meaning: This duty means that we must protect the
environment not just for ourselves, but also for future generations.
• We are only temporary caretakers of the Earth. We should not
destroy or overuse natural resources in a way that harms the rights of
people who will live after us.
• Example: If forests are cut down today without replanting
trees, future generations may not have clean air, rainfall, or biodiversity.
This would violate intergenerational justice.
 • Legal Recognition:
• The Rio Declaration (1992), Principle 3 talks about this:
“The right to development must be fulfilled so as to equitably meet
developmental and environmental needs of present and future
generations.”
• Indian courts have also supported this duty. In Vellore Citizens
Welfare Forum v. Union of India (1996), the Supreme Court said that the
principle of intergenerational equity is part of sustainable development.

2. Intragenerational Duty:
• Meaning: This duty means that we must ensure fairness and
justice among people living in the present — especially between rich and
poor, developed and developing nations.
• The idea is that everyone today should have equal access to
clean water, air, food, and natural resources, regardless of their economic
or social background.
• Example: In many poor areas, people do not get clean
drinking water, while in cities water is wasted. This is unfair and violates
intragenerational equity.
• Legal Support:
• The Rio Declaration, Principle 5 supports this duty. It says that
eradicating poverty is essential for sustainable development, and
countries must work together to reduce the gap between the rich and the
poor.
• Indian courts have supported the right to a clean environment
as part of Article 21 (Right to Life) of the Constitution.

Conclusion:

Both intergenerational and intragenerational duties are central to the idea

of sustainable development. We must use natural resources wisely, fairly,
and responsibly, so that:
• Everyone today can live a healthy and dignified life
(intragenerational duty), and
 • Future generations can also enjoy the same natural wealth
and environment (intergenerational duty).

These duties are now widely recognized in international law, Indian

constitutional law, and judicial decisions.

9th question
Environmental Impact Assessment (EIA) – Easy Explanation

Environmental Impact Assessment (EIA) is a process used to study the

possible effects of a project on the environment before it is started.

For example, if someone wants to build a factory, dam, highway, or mine,

they must first check how it will affect nature – like air, water, forests,
animals, and people nearby. This is called EIA.

The aim is to prevent environmental damage by taking proper steps

before the project begins.

#Central Government Notification on EIA

The Central Government (CG) of India has issued special notifications

under the Environment (Protection) Act, 1986 to make the EIA process
mandatory for certain types of development projects.

The first major notification was issued on 27 January 1994.

Key Points of the 1994 Notification:

1. EIA was made compulsory for 29 types of projects (like
mining, thermal power plants, industries, etc.).
2. Project developers had to get environmental clearance before
starting the work.
 3. A public hearing was made part of the process – local people
could give their opinions.
4. The project report had to include details about:
• Air and water pollution
• Deforestation
• Health and safety of people
• Waste management
• Steps to reduce damage (mitigation)

#EIA Notification, 2006 (Current Framework):

The 1994 notification was later replaced by a new notification on 14

September 2006. The 2006 notification simplified and improved the EIA
process.

Main features of the 2006 Notification:

1. Projects are divided into 2 categories:
• Category A – Clearance needed from the central government
(MoEFCC)
• Category B – Clearance given by State Environment Impact
Assessment Authority (SEIAA)
2. Four stages of EIA process:
• Screening – To decide if full EIA is needed
• Scoping – To list what environmental issues should be studied
• Public consultation – To hear the views of affected people
• Appraisal – Expert Committee reviews and gives final decision
3. Developers must submit an Environmental Management Plan
(EMP) – how they will reduce and control pollution.

#Why is EIA Important?

• It helps to protect forests, rivers, wildlife, and public health
 • Ensures sustainable development
• Involves the local community in decisions
• Forces companies to be more eco-friendly

Conclusion

The EIA Notification by the Central Government is a very important tool for
environmental protection in India. It makes sure that big projects do not
harm nature and that people’s voices are heard. With the 2006 update,
the system became more structured and fair.

10th Question

ECOMARK – Easy Explanation

Today, our environment is under great pressure because of fast industrial

growth, unplanned cities, and the way people are consuming more in the
race for a better lifestyle. It is now clear that just government rules are
not enough to protect the environment. Consumers (people who buy
products) also need to help by choosing eco-friendly products.

What is ECOMARK?

To help with this, the Ministry of Environment and Forests, Government of

India, started a scheme in 1991. This scheme gives a special logo and
label called ECOMARK to products that are friendly to the environment.

The aim of this eco-labelling is to:

• Encourage the sale of products that are less harmful to the
environment
• Help people easily identify eco-friendly products

Any product that causes less harm to nature during its making, use, or
disposal can get this label.
Why is ECOMARK Important?

Almost every product we buy affects the environment in some way. So, it’s
important to know which products cause less damage. ECOMARK helps us
identify such products easily.

But not every product can get this mark. To qualify:

• The entire life cycle of the product (from making to throwing
away) must be eco-friendly.
This includes:
• How it is made
• What raw materials are used
• How it is packaged
• How it is used and thrown away

This is also called the “cradle-to-grave” approach.

The ECOMARK Logo

The logo of ECOMARK is an earthen pot. It was chosen because:

• It uses natural, renewable materials
• It creates no harmful waste
• It needs very little energy to make
• It represents both strength and delicacy, like the environment
• It reminds us to be kind and gentle to nature

Main Objectives of the ECOMARK Scheme

The scheme has four main goals:

 1. To encourage manufacturers to reduce their impact on the
environment
2. To help and motivate consumers to make eco-friendly choices
3. To promote the purchase of greener products
4. To improve environmental quality and support sustainable
development

Conditions for Getting ECOMARK

A product can get the ECOMARK label if:

• It meets the environmental standards set by the government
• It also passes the quality checks by the Bureau of Indian
Standards (BIS)

What ECOMARK Means

If a product has the ECOMARK logo, it means:

(a) It causes less pollution during its making, use, and disposal
(b) It is recyclable, made from recycled material, or biodegradable
(c) It helps to save non-renewable resources, more than similar products

Categories of Products

The government has approved the ECOMARK for 16 types of products so

far. These include:
• Soaps and detergents
• Paints
• Paper
• Batteries
• Electronics and electrical items
 • Lubricating oils
• Textiles, and more

Present Situation
Even though the scheme was launched in 1991, ECOMARK products are
still rare in India. We can only hope that more such products become
common soon, and we don’t have to wait for centuries

11th question

Sustainable Development – Simple and Complete Notes

Sustainable development is one of the most important ideas in

international environmental law. It means improving people’s lives without
harming the environment and without creating problems for future
generations or people in other parts of the world.

So, it has two main parts:

1. Economic development
2. Using natural resources carefully so development can
continue in the future

Definition
The Brundtland Report defines it as:
“Development that meets the needs of the present without compromising
the ability of future generations to meet their own needs.”

This is also called the Intergenerational Equity Principle, which means we

must protect the environment for the future.

Earlier Definitions

In 1971, the World Conservation Union said:

 • Sustainability means something that can continue forever.
• Development means improving people’s quality of life.

So, development and environment must be balanced and co-exist without

harming each other.

Origin of the Concept

The idea started in the mid-20th century, when the world realised that fast
development was damaging the environment. Nature was getting
destroyed, and a new way of development was needed that also protects
ecology.

The term “sustainable development” was first used in 1972 at the

Cocoyoc Declaration and later got strong support at the Stockholm
Conference (1972). Since then, it has become the main theme in
environmental discussions.

Three Dimensions of Sustainable Development

Sustainable development includes:

1. Ecology (Environment)
2. Economics
3. Ethics

At the World Summit on Sustainable Development (Johannesburg, 2002),

it was agreed that we need to support:
• Economic development
• Social development
• Environmental protection

These are known as the three pillars of sustainable development.

Use of Natural Resources

Natural resources like fossil fuels and minerals are non-renewable. Once
used, they are gone forever. But that doesn’t mean we shouldn’t use
them, it means we should use them carefully and respect the rights of
future generations.

Development and environment are two sides of the same coin—we can’t
focus only on one.

McGoldrick’s Temple Model

McGoldrick, in his book, explained sustainable development like a temple

with 3 pillars:
• Pillar 1: International Environmental Law (central and most
important)
• Pillar 2: International Human Rights Law
• Pillar 3: International Economic Law

All three pillars support sustainable development and depend on each

other.

Scope of Sustainable Development

Today, sustainable development includes over 40 different areas listed by

the UN, such as:
• Atmospheric chemistry
• Biodiversity
• Renewable energy
• Forests
• Health
• Industry
• Mountains
 • Poverty
• Sanitation
• Sustainable agriculture
• Sustainable tourism

The Supreme Court of India in Narmada Bachao Andolan v. Union of India

(2000) said:

Sustainable development means the type or extent of development that

nature can support, with or without steps to reduce harm.

Eight Key Principles of Sustainable Development

1. Inter-generational equity – Save resources for future
generations.
2. Use and conservation of natural resources – Use resources
wisely and protect them.
3. Environmental protection – Don’t harm the environment.
4. Precautionary Principle – If an action may harm the
environment, be cautious, even if not fully proven.
5. Polluter Pays Principle – Anyone who pollutes must pay for the
damage.
6. Obligations to assist and co-operate – Countries must help
each other.
7. Eradication of poverty – Reducing poverty is key to
sustainability.
8. Financial assistance to developing countries – Rich countries
should help poor countries.

Inter-generational Equity Principle (IEP)

This is the main principle. It means each generation must protect nature
for the next. We are like trustees of the earth, and we must leave it safe
for our children.
As the proverb says:

“We do not inherit the Earth from our ancestors. We borrow it from our
children.”

Rio Declaration – Principle 3:

Development must happen in a way that balances the needs of both

present and future generations.

Also, Principle 20 of the Rio Declaration says:

Women have an important role in managing and protecting the
environment, so their full participation is necessary.

Module 3
1st question
The Environment (Protection) Act, 1986
This Act came into force on 19th November 1986 and applies across all of
India. It was passed to implement the decisions made at the United
Nations Conference on the Human Environment held in Stockholm in
1972, which India had attended.

However, since the Stockholm Conference took place in 1972 and the Act
was passed much later in 1986, many believe that the real reason behind
the law was the Bhopal Gas Tragedy of 1984, which made the need for
strict environmental protection laws urgent.

The Statement of Objects and Reasons in the Act shows concern over the
declining quality of the environment. It mentions problems like rising
pollution, loss of forests and wildlife, harmful chemicals in the air and
food, and increased environmental accidents.
Objectives of the Act:
1. To follow the decisions made at the 1972 UN Conference.
2. To create a general (umbrella) law for environmental
protection, filling in the gaps left by older laws like the Water Act, Air Act,
and Forest Act.
3. To give wide powers to the Central Government for protecting
and improving the environment.
4. To allow the government to create authorities to carry out
environmental functions and give directions.
5. To make rules on specific areas like hazardous substances,
coastal protection, and environmental impact assessments.
6. To punish violators strongly to ensure public safety and
environmental protection.

The Supreme Court said in Vellore Citizens’ Welfare Forum v. Union of

India (1996) that the main aim of the Act is to create powerful authorities
under Section 3 to control pollution.

Important Features of the Act:

• Section 2 defines important terms like environment,
pollutants, and hazardous substances.
• Section 3 gives the Central Government the power to take
necessary environmental protection steps and to form authorities for this
purpose.
• Section 5 gives the government power to issue directions,
including shutting down industries or stopping their services like
electricity and water.
• Sections 6 and 25 give the power to make rules related to the
environment.
• Sections 7 and 8 prohibit industries from releasing pollutants
beyond set limits and require safe handling of hazardous materials.
• Section 9 requires immediate reporting if pollution standards
are exceeded due to accidents.
• Sections 10 and 11 give power to inspect places, enter
premises, and take samples for testing.
 • The Act also provides for the setting up of Environmental Labs
and appointing Government Analysts.
• Sections 15 to 17 provide strict punishment for violations,
including offences by companies and government departments.
• Sections 18 to 26 cover other topics like protection for actions
taken in good faith, legal procedures, and how this law interacts with other
laws.

In short, the Environment (Protection) Act is a powerful and wide-ranging

law designed to improve and protect the environment in India. Although
the law is strong on paper, the real challenge is enforcing it properly. The
Supreme Court has rightly said that just making laws is not enough—they
must also be effectively implemented to make a real difference.

2nd Question
GENERAL POWERS OF THE CENTRAL GOVERNMENT

(Sections 3 to 6 of the Environment (Protection) Act, 1986)

The Environment (Protection) Act gives the Central Government wide

powers to protect and improve the environment. These powers are
grouped under four main heads:

I. Power to Take Measures for Environmental Protection (Section 3)

Section 3 is the most important part of the Act. It allows the Central
Government to take any measures it finds necessary to:
• Protect and improve the environment, and
• Prevent, control, and reduce pollution.

The law lists 14 specific powers, including:

1. Coordinating efforts of State Governments and other
authorities.
 2. Creating and running national programmes to fight pollution.
3. Setting environmental quality standards (for air, water, etc.).
4. Setting emission or discharge limits for pollutants from
different sources.
5. Declaring areas where industries or processes may be banned
or regulated.
6. Laying down procedures to prevent and manage
environmental accidents.
7. Setting safety procedures for handling hazardous substances.
8. Examining industrial processes and materials that may
pollute.
9. Supporting research on environmental pollution problems.
10. Inspecting factories, machines, and substances to control
pollution.
11. Setting up or approving environmental labs and institutions.
12. Collecting and sharing pollution-related information.
13. Creating manuals, codes, or guidelines to control pollution.
14. Taking any other steps for effective enforcement of the Act.

The Government may also create authorities through an official

notification and delegate these powers to them. However, the word “may”
means it is not compulsory to create such authorities.

Case Law – Vellore Citizens’ Welfare Forum v. Union of India (1996):

The Supreme Court criticized the Central Government for not creating an
environmental authority under Section 3 even after 10 years. The Court:
• Directed the Government to form an authority within a month.
• Ordered that this authority must apply:
• The Precautionary Principle, and
• The Polluter Pays Principle.
• Stated that the authority must also calculate compensation
for:
 1. Restoring damaged ecology, and
2. Victims of pollution.
• Ordered the creation of an Environmental Protection Fund to
store the collected compensation.

As a result, the Environment Pollution (Prevention and Control) Authority

was formed. Its directions are legally binding on all.

Other examples where the Supreme Court directed creation of authorities:

• Taraporewalla Case: To relocate chemical industries in Thane.
• Bittu Sehgal Case: To protect Dahanu Taluka, Maharashtra.
• CRZ Case: To set up Coastal Management Authorities for
coastal protection.

II. Power to Appoint Officers

(Section 4)

The Central Government can appoint officers for enforcing this Act. These
officers will have the powers and responsibilities assigned by the
Government.

They will work under the Government’s supervision, or under the

environmental authority created under Section 3.

III. Power to Give Directions

(Section 5)

The Central Government can give written directions to:

 • Any person, officer, or authority, and
• Such directions must be followed.

These directions can include:

• Closing, regulating, or banning any industry or process, and
• Stopping electricity, water, or other services to such
industries.

If someone is affected by such directions, they can appeal to the National

Green Tribunal within 30 days.

Case Laws:
• Pravinbhai Patel v. State of Gujarat: Government must act as a
guardian of the environment.
• Narula Dyeing Case: Personal hearing is not needed if there is
serious environmental harm.
• Mahabir Soap Factory Case: Written objection is enough;
personal hearing not always necessary.
• D. S. Rana Case: Pollution-causing gold and silver melting
operations were lawfully restricted.

IV. Power to Make Rules

(Section 6)

The Central Government can make Rules to regulate environmental

pollution. These Rules may include:
1. Standards for air, water, and soil quality.
2. Limits for various pollutants (including noise).
3. Safety rules for handling hazardous materials.
4. Ban or restriction on handling hazardous substances in certain
areas.
 5. Ban or regulation on setting up industries or carrying out
processes in specific areas.
6. Measures to prevent and manage accidents causing
environmental harm.

Note:
• Section 25 also gives the Government rule-making power.
• Section 6 deals with matters listed in Section 3, while Section
25 covers all purposes of the Act.

3rd question
Prohibition of Emissions and Environmental Pollutants
(Section 7)

No person or industry is allowed to discharge or emit pollutants into the

environment beyond the limits prescribed under the law.

To implement this, the Environment (Protection) Rules, 1986 were made.

These rules define three types of standards:
1. Source Standards – Limits on pollutants at the place of
production.
2. Product Standards – Pollution limits for products like vehicles.
3. Ambient Standards – Maximum pollution levels allowed in the
air.

Handling Hazardous Substances

(Section 8)

No one can handle or allow others to handle hazardous substances unless

they follow the rules and safety procedures laid down under the law.
These procedures are detailed in the Hazardous and Other Wastes
(Management and Transboundary Movement) Rules, 2016.

Furnishing of Information in Case of Accidents

(Section 9)

If due to an accident or any unexpected event, pollution occurs or is likely

to occur, then:
• The person responsible and the person in charge of the place
must:
1. Control or reduce the pollution, and
2. Immediately inform the authorities, and
3. Help the authorities when asked.

The authorities must then take remedial measures, and the expenses
(with interest) can be recovered from the person responsible.

Power of Entry and Inspection

(Section 10)

Any person authorised by the Central Government can enter any premises
at reasonable times for:
1. Performing government functions under the Act.
2. Checking compliance with laws, notices, or directions.
3. Examining or testing equipment, records, and processes.
4. Conducting searches and seizing materials (like machines or
documents) if they are evidence of an offence or needed to prevent
pollution.

Duty to Cooperate:
• People running industries or handling hazardous substances
must help the authorised officer.
 • If anyone obstructs or delays the officer, they are guilty of an
offence under the Act.

Note: The Criminal Procedure Code (CrPC) applies to such searches and
seizures as if a search warrant was issued under Section 94 of CrPC.

Power to Take Samples

(Section 11)

The Government or its authorised officer can take samples of air, water,
soil, etc. for testing, but certain steps must be followed for the test results
to be valid in court:

Procedure when occupier is present:

1. A notice must be given on the spot to the person in charge
(occupier or agent).
2. Sample must be collected in their presence.
3. The sample must be kept in sealed and signed containers.
4. The sample must be sent without delay to a Government-
recognised laboratory.

Procedure when occupier refuses or is absent:

• Sample should still be collected and sealed.
• The officer must inform the Government Analyst in writing
about the absence or refusal.

Environmental Laboratories and Government Analysts

(Sections 12, 13 & 14)

The Central Government can:
1. Set up or recognise Environmental Laboratories.
2. Specify their functions, sample testing procedures, report
format, and fee structure through Rules.
3. Appoint or recognise qualified persons as Government
Analysts.

A report signed by a Government Analyst is valid evidence in court.

4th Question

Punishment for Offences

(Section 15)
• If any person violates the provisions of the Act, Rules, Orders,
or Directions, they can be punished with:
• Imprisonment up to 5 years, or
• Fine up to ₹1 lakh, or
• Both.
• If the offence continues, an extra fine of ₹5,000 per day can
be imposed.
• If it continues for more than 1 year after the first conviction,
punishment may go up to 7 years of imprisonment.
• The Supreme Court (M.C. Mehta v. Kamal Nath) held that a
person must be formally tried and found guilty before imposing such
punishment.

Offences by Companies
(Section 16)
• If a company commits an offence, both:
• the company, and
 • the person in charge of the business
are considered guilty.
• However, such a person is not liable if they can prove:
1. The offence happened without their knowledge, or
2. They used all due diligence to prevent it.
• Even if not in charge, a director, manager, secretary, etc. is
also guilty if the offence happened:
• with their consent or connivance, or
• due to their neglect.
• “Company” includes firms and associations, and “director”
includes partners.

Important Cases:
• Mohan Meakin Ltd. case (2000) – Supreme Court said
environmental offences are serious, and even after 17 years, directors
could not escape liability.
• Gujarat HC (In Re Vatva Industries Association) – Pollution
Control Board can act against violators without needing court orders.

Offences by Government Departments

(Section 17)
• If a Government Department commits an offence, the Head of
the Department is considered guilty.
• They can avoid punishment if they prove:
1. It happened without their knowledge, or
2. They took all necessary precautions to prevent it.

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WATER: A BASIC NEED AND ITS LEGAL PROTECTION IN INDIA

Importance of Water: Water is one of the most essential parts of nature.
Every human being needs water to survive. India is a signatory to a United
Nations Water Conference (1977) resolution which said:
"Everyone, no matter how rich or poor, has the right to get enough clean
drinking water for their basic needs."
Water and the Constitution of India: Under Article 21 of the Indian
Constitution, the Right to Life also includes the Right to Clean Water.
This means that the government has a duty to provide clean drinking
water to all citizens.
The Water Pollution Problem in India: Sadly, water pollution is a big
issue in India. Whether it's beaches or rivers like the Ganga, clean water is
hard to find. People dump waste, dead bodies, flowers, and oil lamps into
rivers — often as part of religious practices — which pollutes the water
even more.
Major Sources of Water Pollution:
1. Domestic Waste: This is household waste and forms about 75% of
total water pollution. Millions die every year from diseases spread
through dirty water.
2. Industrial Waste: Factories release harmful chemicals (called trade
effluents) into water, affecting its quality and harming humans and
animals.
3. Pesticides & Insecticides: These are used in farming and end up
in lakes, rivers, and ponds, affecting aquatic life.
4. Thermal Pollution: Hot water or heat from power plants and
vehicles increases water temperature and damages the natural
balance of water bodies.
5. Radioactive Waste: Waste from atomic plants pollutes water and
can be dangerous for all life forms.
Legislative Background: Since "Water" is a State subject under List
II of the Seventh Schedule of the Constitution, Parliament cannot make
a law on it unless the States agree. So, 12 State Legislatures passed a
resolution under Article 252(1) of the Constitution, allowing Parliament
to make a law on water pollution. Parliament then passed the Water
(Prevention and Control of Pollution) Act, 1974.
Later, all other States also adopted this law. The Water Act was India’s first
law focused only on controlling water pollution. It covers all types of water
— rivers, lakes, underground water, seas, etc. The law is based on two
principles:
 Precautionary Principle (prevent pollution before it happens)
  Polluter Pays Principle (the one who causes pollution must pay
for it)

AIMS, OBJECTIVES AND SALIENT FEATURES OF THE WATER ACT,

1974
Inspiration Behind the Act: The Act was influenced by the Stockholm
Conference on the Human Environment (1972), although its
Preamble doesn't directly mention it (unlike the Air Act or the Environment
Protection Act).
Main Objectives of the Act:
1. To prevent and control water pollution.
2. To maintain and improve the quality of water.
3. To set up Central and State Boards for managing water
pollution.
4. To give these Boards powers and responsibilities to control
water pollution.
5. To create water testing laboratories.
6. To punish people who break the law.
7. To cover all related matters connected to water pollution.
Supreme Court View: In the case of A. P. Pollution Control Board v.
M. V. Nayadu (2001), the Supreme Court said that the main goal of the
Act is to provide clean drinking water to all citizens.
Other Related Laws: To support the Water Act, the Central Government
also made these rules:
 Water (Prevention and Control of Pollution) Rules, 1975
 Central Board Procedure Rules, 1975
 Water Cess Act, 1977 (for collecting money from industries)
 Water Cess Rules, 1978

SALIENT FEATURES OF THE ACT

1. Definitions: The Act clearly defines terms like “stream,” “sewer,”
“pollution,” “trade effluent,” etc.
2. Pollution Control Boards:
 o A Central Pollution Control Board (CPCB) and State
Pollution Control Boards (SPCBs) are set up.
o Joint Boards can also be made if neighbouring States agree.
3. Members and Service Conditions:
o The Act lays down the qualifications, service conditions, and
disqualifications of Board members.
4. Functions of the Boards (Sections 16 and 17):
o Central and State Boards are given specific duties to control
and monitor water pollution.
5. Powers Given to the Boards:
o Collect information from industries and others.
o Take samples of water for testing.
o Inspect and enter premises to check for pollution activities.
6. Prohibitions:
o The Act bans the use of streams or wells for dumping harmful
or polluting materials.

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Here’s a simple and easy-to-understand version of the section "D.

Constitution of Central and State Boards & Their Powers and
Functions" from the Water Act, 1974:

CONSTITUTION OF CENTRAL AND STATE POLLUTION CONTROL

BOARDS
To control and prevent water pollution in India, the Water Act, 1974
provides for the creation of two types of Boards:
 Central Pollution Control Board (CPCB) – at the national level
 State Pollution Control Boards (SPCBs) – in each State

1. Central Pollution Control Board (CPCB) – Section 3

The Central Government sets up the CPCB. It consists of the following
members:
(a) Chairman: A full-time person appointed by the Central Government.
He/she must have special knowledge or practical experience in
environmental protection or in managing institutions dealing with such
issues.
(b) Central Government Officials: Up to 5 officials nominated by the
Central Government.
(c) Members from State Boards: Up to 5 members from different State
Boards, out of which not more than 2 should be those who represent
local bodies (like municipalities).
(d) Non-official Members: Up to 3 people who represent agriculture,
fisheries, industry, trade, or other sectors that the Central Government
feels should be included.
(e) Representatives from Public Sector Undertakings (PSUs): 2
people who represent companies or corporations owned or managed by
the Central Government.
(f) Member-Secretary: A full-time expert appointed by the Central
Government. He/she must have knowledge in science, engineering, or
pollution management.

2. State Pollution Control Board (SPCB) – Section 4

Each State Government sets up its own SPCB. It consists of:
(a) Chairman: A part-time or full-time person (as the State decides) with
expertise in environmental matters or experience in managing
institutions.
(b) State Government Officials: Up to 5 officials nominated by the State
Government.
(c) Members from Local Authorities: Up to 5 people from local bodies
like municipal councils or corporations.
(d) Non-official Members: Up to 3 people representing sectors like
agriculture, fisheries, trade, or any other field the State considers
important.
(e) Representatives from State PSUs: 2 people representing
companies owned or run by the State Government.
(f) Member-Secretary: A full-time expert appointed by the State
Government with knowledge in science, engineering, or pollution
management.
Common Features of Both Boards:
 Both Central and State Boards are legal bodies (corporate
bodies).
 They have:
o Perpetual succession (they don’t end with a change of
government),
o A common seal,
o The power to own and manage property,
o The ability to make contracts, and
o The right to sue and be sued in their own name.

Boards for Union Territories:

 Union Territories do not have their own State Boards.
 In such cases, the Central Board acts as the State Board.
 The Central Board can also delegate its powers for Union Territories
to any person or body it thinks fit.

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important points intact:

Constitution of Joint Boards (Sections 13 & 14)

 Joint Boards can be formed when two or more neighbouring
States, or the Central Government (for Union Territories) and
neighbouring States, agree to do so.
Members of a Joint Board:
(a) Chairman – Full-time, nominated by Central Government. Must have
expertise or experience in environmental matters.
(b) State Officials – 2 from each participating State, nominated by their
State Government.
(c) Local Authority Member – 1 from each State, chosen from local
bodies.
(d) Non-official Member – 1 from each State, representing agriculture,
fisheries, industry, trade, or other important sectors.
(e) Central PSU Representatives – 2 persons, nominated by Central
Government.
(f) Member-Secretary – Full-time expert in science, engineering or
management, appointed by Central Government.

Public Servants (Section 50)

 All members, officers, and employees of Central and State Boards
are considered public servants under Section 21 of the Indian
Penal Code when acting under the Water Act.

Term of Office (Section 5)

 Members (except Member-Secretary) hold office for 3 years.
 They continue in office until their successor joins.
 Officials (clauses b & e) lose membership once they leave their
government job.
 Members can be re-nominated and can resign.
 Casual vacancies are filled for the remaining term.
 Members can be removed early after giving them a chance to
explain.

Disqualification of Members (Section 6)

A person cannot be a Board member if he/she:
(a) Has been declared insolvent.
(b) Is of unsound mind (declared by court).
(c) Has a criminal record involving moral turpitude.
(d) Has been convicted under the Water Act.
(e) Has business interests in pollution treatment equipment.
(f) Works for a company with contracts related to sewage or pollution
control.
(g) Has misused their position, harming public interest.
 Such a person loses their seat, but must be given a chance to
explain.
 If removed, they cannot be re-nominated.

Temporary Association (Section 10)

  Boards can bring in outside experts for advice.
 These persons can participate in meetings, but cannot vote.

Power to Give Directions (Section 18)

 Central Board must follow directions from the Central
Government.
 State Boards must follow directions from their State
Government.
 If State and Central directions conflict, the Central Government's
decision is final.

Directions to Joint Boards (Section 15)

 State Government can give directions for matters within its own
territory.
 Central Government gives directions for issues involving:
o More than one State
o Union Territories

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Here is a simplified version of the functions of the Central and State

Pollution Control Boards, along with case laws, written in clear and
easy language without removing any important point:

Functions of the Central Pollution Control Board (Section 16)

The Central Board mainly works to keep rivers, wells, lakes, seas, and
other water bodies clean across the country.
Its main functions are:
1. Advise the Central Government on water pollution issues.
2. Coordinate and resolve disputes between different State Boards.
3. Support State Boards with technical help and guidance.
4. Train people involved in pollution control work.
5. Spread awareness about water pollution using mass media.
 6. Take over State Board functions when directed under the law.
7. Collect and publish data about water pollution and control
methods.
8. Set water quality standards for streams or wells, with the State
Government’s help.
9. Plan and implement national programmes to prevent and
control water pollution.
10. Do any other functions assigned by law or rules.
To carry out these functions properly, the Central Board can also set up
or approve laboratories for testing water and effluents.

Functions of the State Pollution Control Board (Section 17)

The State Board works to control and prevent water pollution in its
own state. It performs the following functions:
1. Plan and carry out programmes to prevent water pollution in the
state.
2. Advise the State Government on water pollution matters.
3. Share information about water pollution and ways to control it.
4. Research and investigate water pollution problems.
5. Organise training and awareness programmes with the Central
Board.
6. Inspect industries and sewage plants, check designs, and
examine pollution control systems.
7. Set standards for discharge of sewage and industrial waste
(except inter-state rivers).
8. Develop cost-effective methods for treating waste, considering
soil, climate, and water flow conditions.
9. Find ways to use treated sewage and industrial waste in
farming.
10. Find efficient methods for waste disposal on land during
low water flow in streams.
11. Set standards for sewage treatment depending on stream
dilution and pollution limits.
12. Issue orders for pollution prevention and ask for new
treatment systems if needed.
 13. Set effluent discharge standards for individuals or
industries.
14. Advise on the location of polluting industries.
15. Perform other functions assigned by the Central Board or
State Government.
Like the Central Board, the State Board can also set up or recognise
labs to test water and waste samples.

Important Case Laws

1. State of M.P. v. Kedia Leather and Liquor Ltd. (2001)
o Supreme Court criticised the M.P. Pollution Control Board for
not inspecting or taking action against polluting
industries.
o Court ordered identification of officers responsible for inaction.
2. M.C. Mehta v. Union of India (1988)
o Tanneries polluting the Ganga river were shut down for not
installing treatment plants.
3. D.K. Joshi v. Chief Secretary, U.P. (1999)
o In a PIL under Article 32, the Supreme Court directed steps to
stop water pollution in Agra and ensure clean drinking
water.
4. Ramji Patel v. Nagrik Upbhokta Marg Darshak Manch (2000)
o Dairies storing dung near a drinking water pipeline in
Jabalpur were ordered to shift.
o Supreme Court asked the Central Board to submit a report
to avoid water contamination.

Let me know if you'd like this answer restructured as a 10-marker exam

answer or with headings and subheadings for easier notes.

Here’s a simplified and shorter version of your notes on the Powers of

the State Boards under the Water (Prevention and Control of
Pollution) Act, 1974, without removing any important point:

1. Power to Apply Act to Certain Areas (S. 19)

  State Government can limit the application of the Water Act to
specific areas (called water pollution control areas) after consulting
the State Board.
 But, it cannot exempt any specific industry from restrictions in a
prohibited area.
(Case: A.P. Pollution Control Board v. Prof. M.V. Nayudu)

2. Power to Obtain Information (S. 20)

 State Board or its officer can:
o Survey areas
o Record stream/well flow
o Measure rainfall
o Install gauges
 Can ask any person discharging or abstracting water to provide
data.
 Can ask industries to give information about setup, treatment
system, or extensions.

3. Power to Take Samples (S. 21)

 Samples can be taken from any stream, well, plant, or vessel.
 Procedure:
1. Give written notice to occupier.
2. Take sample in presence of occupier, divide into two parts.
3. Seal and sign both samples.
4. Send one to the State/Central Board Lab.
5. Send other (if requested) to State/Central Water Lab.
 If occupier is absent, the officer must mention it in a written report
to the analyst.
 If occupier doesn't request splitting the sample, one sealed sample
is enough.
 If reports differ, Water Lab report prevails.
(Case: Delhi Bottling Co. v. Central Board – Sample not tested as
requested, hence inadmissible)
 (Case: Abdul Hamid v. Gwalior Rayon – Provisions protect industries
too.)

4. Power of Entry and Inspection (S. 23)

 Authorised officer can enter any place/vessel:
o To perform Board duties
o To check compliance
o To search/seize materials or documents
 Entry into residential premises (wells) must be at reasonable hours.
 CrPC applies to searches and seizures.

5. Prohibition on Polluting Streams/Wells (S. 24)

 No person can allow poisonous/polluting matter into any
stream/well.
 Can’t cause anything that worsens pollution or impedes water flow.
Exceptions (if it doesn't cause pollution):
o Building or maintaining legal structures
o Depositing materials for land protection
o Natural deposits like sand/gravel
o Sludge entry with Board's consent
 State Government can exempt people via notification.

6. Restrictions on New Discharges (S. 25)

 No person can, without State Board’s consent:
o Set up any industry/process likely to discharge waste
o Use new outlets or discharge new effluents
 Consent can be given with conditions or refused with reasons.
 If no reply in 4 months, consent is automatically granted.
 Consent is valid only if treatment facilities are installed.
(Case: Prof. Nayudu – Taking steps like land approval needs prior
consent.)
(Case: Narula Dyeing – Consent lapses if industry fails to meet
conditions.)
 (Case: M.C. Mehta – If industry can’t afford treatment, it should shut
down.)

7. Information on Accidents & Emergency Powers (S. 31–32)

 If accident causes or may cause pollution, occupier must inform
State Board immediately.
 Board can take emergency action like:
o Removing pollution
o Issuing restraining orders
o Stopping discharge or use of water

8. Power to Approach Court (S. 33)

 If pollution is likely, Board can apply to Magistrate (1st Class) to stop
the act.
 Court can:
o Restrain the person
o Order cleanup
o Allow Board to recover costs from polluter

9. Power to Give Directions (S. 33A)

 Board can issue directions to any person/authority, including:
o Closing or regulating any industry
o Stopping electricity, water, or other services
(Case: Calcutta Tanneries – Supreme Court upheld Board’s
order to shut, relocate and pay damages.)
 Aggrieved persons can appeal to the National Green Tribunal
(NGT) within 30 days.

Let me know if you'd like this in bullet points for quick revision or
formatted for handwritten notes!
Sections 41 to 50 – Water Act, 1974
penalties

Section 41 – Failure to Comply with Directions and Orders

 If anyone fails to comply with:
o Any direction given under the Act,
o Any order regarding prevention, control, or treatment of water
pollution,
 Punishment:
o Imprisonment up to 3 months or
o Fine up to ₹10,000, or
o Both.
 If failure continues after conviction:
o Additional fine of ₹5,000 per day.
If failure continues for more than 1 year:
 Imprisonment of 1½ years (18 months) to 6 years, and fine.

Section 42 – Penalty for Certain Acts

If a person:
 Damages the property of the Board,
 Fails to give required information,
 Fails to produce any document,
 Obstructs any Board officer in their duties,
 Fails to provide samples when requested,
Punishment:
 Imprisonment up to 3 months or
 Fine up to ₹10,000, or
 Both.
 Continuing offence: ₹5,000 per day fine.
Section 43 – Penalty for Polluting Water Bodies (Violation of
Section 24)
 If any person:
o Allows any poisonous, harmful, or polluting substance to enter
a stream, well, sewer, or land,
 Punishment:
o Imprisonment up to 5 years and
o Fine.
Continuous violation:
 Additional fine of ₹5,000 per day.
If violation continues more than 1 year after conviction:
 Imprisonment of 2 to 7 years and fine.

Section 44 – Penalty for Operating without Consent (Violation of

Sections 25 and 26)
 If any person:
o Sets up an industry, or
o Discharges sewage or trade effluent,
o Without taking consent from the State Pollution Control Board,
 Punishment:
o Imprisonment up to 3 months or
o Fine up to ₹10,000, or
o Both.
Continuous violation:
 Fine of ₹5,000 per day.

Section 45 – Penalty for Failure to Furnish Information

If a person:
 Fails to inform the Board about any accident or incident that causes
pollution, or
 Fails to provide data or information required,
Punishment:
  Imprisonment up to 3 months or
 Fine up to ₹10,000, or
 Both.
Continuous violation:
 Fine of ₹5,000 per day.

Section 45A – Enhanced Penalty for Certain Contraventions

For any contravention where no specific penalty is provided in the Act:
 Punishment:
o Imprisonment up to 3 months, or
o Fine up to ₹10,000, or
o Both.
 Continuing offence:
o ₹5,000 per day fine.
Note: This is a general penalty section covering minor violations.

Section 46 – Publication of Names of Offenders

 If any person/company is convicted under this Act,
 The Board or the Government may publish the name, address, and
offence details in newspapers or otherwise.
Purpose:
 To create public awareness and social pressure against
polluters.

Section 47 – Offences by Companies

 If an offence is committed by a company:
o Every person who was in charge at the time (e.g., director,
manager) shall be deemed guilty and punished.
 Exception:
o If the person proves that:
 The offence was committed without his knowledge,
or
  He took all reasonable care,
then he will not be punished.
 If the offence is due to consent, connivance, or negligence of a
director/manager, he is personally liable.

Section 48 – Offences by Government Departments

 If an offence is committed by any Government Department:
o The Head of the Department is deemed guilty.
 Exception:
o If he proves:
 The offence happened without his knowledge, or
 He took due care,
then he is not liable.

Section 49 – Cognizance of Offences

 A court can take cognizance (i.e., begin trial) only if:
1. A complaint is made by:
 The State Board, or
 An authorised officer of the Board, or
2. A private person files a complaint after giving a 60 days'
notice to the Board about the alleged offence.
Important Points:
 Only a Judicial Magistrate of First Class or higher can try the
offences.
 No direct police case without Board’s permission (to avoid
harassment and ensure genuine cases only).

Section 50 – Members, Officers, and Employees of Board are

Public Servants
 All members, officers, and employees of the Central and State
Pollution Control Boards are considered "public servants" under
Section 21 of the Indian Penal Code, 1860.
Meaning:
  They enjoy protections and liabilities similar to government officials.

Summary Table of Sections 41-50

Sectio
Subject Main Points
n

Failure to comply with

41 Jail up to 3 months/fine ₹10,000
directions

Damage to Board property,

42 Jail up to 3 months/fine ₹10,000
refusal to cooperate

43 Polluting water bodies Jail up to 5 years and fine

Operating without Board

44 Jail up to 3 months/fine ₹10,000
consent

Failure to give information

45 Jail up to 3 months/fine ₹10,000
about pollution

General penalty for other

45A Jail up to 3 months/fine ₹10,000
violations

Publication of names of Name and offence details may be

46
offenders published

47 Offences by companies Company directors/managers liable

Offences by Govt
48 Head of department liable
departments

Court can act only if Board or

49 Cognizance of offences
authorized person complains

50 Public servant status Board officials = Public servants

In Simple Words:
 Sections 41-45A: Talk about penalties for different violations.
 Section 46: Allows publishing names of violators.
 Section 47-48: Explain liability of companies and Govt
departments.
 Section 49: How cases are filed under this Act.
 Section 50: Board officers are public servants.
A. INTRODUCTION: AIMS AND OBJECTS:
SALIENT FEATURES OF THE AIR
(PREVENTION AND CONTROL OF
POLLUTION) ACT, 1981

With industrial growth, air pollution has also increased, harming

humans, animals, plants, and vegetation.
Major causes of air pollution:
 Burning of coal, petroleum, and fossil fuels,
 Traffic emissions and smoking.
Major air pollutants:
 Sulphur dioxide (SO₂),
 Carbon monoxide (CO),
 Nitrogen dioxide (NO₂),
 Ammonia (NH₃),
 Suspended Particulate Matter (SPM).
Fact: About 70% of premature deaths in Indian cities are linked to air
pollution.
Passive smoking also worsens pollution. In Murli Deora v. Union of
India (2001), the Supreme Court directed States to ban smoking in
public, but it took years to implement.

About the Air Act, 1981

 Passed under Article 253 to fulfill India's promise at the UN
Conference (Stockholm, 1972).
 Came into force on 16th May, 1981, applicable to all of India.

Main Objectives:
1. Implement UN decisions on air quality.
2. Prevent, control, and reduce air pollution.
 3. Set up Central and State Pollution Control Boards.
4. Give powers to Boards to act against pollution.
5. Set air quality standards.

Key Features:
1. Applies to whole of India since 16th May 1981.
2. Central and State Boards created for air pollution control.
o Boards under the Water Act also act under this Act.
3. Air Pollution Control Areas:
o State Board can declare any area.
o Only approved fuels and appliances allowed.
o Setting up industries needs State Board's consent.
4. Consent from State Board:
o Industries must seek permission before operating.
o Board must reply within four months.
5. State Governments can instruct vehicle authorities to ensure
vehicles meet emission standards.
6. Accidents causing excess pollution must be immediately reported
to the Board, which must act quickly.
7. Boards have powers of entry, inspection, and can collect air
samples for testing.
8. Boards can demand information from industries and check
compliance.
9. Penalties for violating the Act.
o Special rules for companies and government departments.
10. Only certain courts can hear cases under the Act; only
authorized persons can file complaints.
11. Protection for officials acting in good faith under the Act.
12. Appeals:
o Against Board orders to the Appellate Authority within 30
days.
o Further appeals to National Green Tribunal (NGT) within 30
days.
C. CONSTITUTION AND POWERS OF BOARDS
Under the Water Act, a Central Board was already created to handle
water pollution.
To avoid creating many separate bodies, the Air Act decided that:
 The same Central Board under the Water Act would also handle
air pollution.
 State Boards under the Water Act would also perform air pollution
control duties under the Air Act.
Thus, no new Boards were needed — one Board manages both water and
air pollution.

Functions of the Central Board under the Air Act:

The Central Board mainly works to:
1. Improve air quality across India.
2. Prevent, control, and reduce air pollution.
To achieve this, the Board is given powers to:
 Advise the Central Government on air quality improvement and
pollution control.
 Plan and carry out nationwide programmes for pollution control.
 Coordinate activities of State Boards and solve disputes between
them.
 Provide technical help and sponsor research on air pollution
problems.
 Take over functions of a State Board if ordered under Section
18(2).
 Organise training for people working in pollution control.
 Run mass media campaigns to spread awareness.
 Collect and publish data on air pollution and prepare
guides/manuals.
  Set air quality standards for the country.
 Share information about air pollution.
 Establish or recognise laboratories for testing air pollution
levels.
 Delegate work to committees if needed.
 Do any other necessary work for pollution control.

Functions of the State Boards:

The State Boards mainly focus on their respective States. Their functions
include:
 Plan programmes to prevent and control air pollution and ensure
their execution.
 Advise the State Government on air pollution matters.
 Collect and share information about air pollution.
 Collaborate with the Central Board to organise training and
mass education programmes.
 Inspect industries and give directions to control air pollution.
 Monitor air quality in pollution control areas and take action if
needed.
 Set standards for emission of air pollutants from industries and
vehicles, in consultation with the Central Board.
 Advise the State Government about suitable locations for
industries that may cause pollution.
 Set up or recognise laboratories to support pollution control
work.
 Perform other duties given by the Central Board or the State
Government.
 Take any other necessary actions to achieve the goals of the Air
Act.

Directions by Government:
 The Central Board must follow the written directions of the
Central Government.
  The State Boards must follow directions from the Central Board
or State Government.
 If directions from the State Government and the Central Board
conflict, the matter will be decided by the Central Government.

D. PREVENTION AND CONTROL OF AIR

POLLUTION
There are eight topics discussed under this section:

1. Power to declare air pollution control areas

 Under Section 19 of the Air Act, the State Government can
declare any area as an air pollution control area by issuing a
Notification in the Official Gazette, after consulting the State
Board.
 Later, the State Government can:
o Change the area (increase or decrease it),
o Create a new area and merge existing ones into it.
Once an area is declared:
 The State Government can:
o Ban certain fuels that cause pollution (after giving a 3-
month notice).
o Ban non-approved appliances in premises.
o Prohibit burning of articles (other than fuel) if they cause
pollution.
 Section 21 says no one can start or run an industrial plant in an air
pollution control area without getting prior consent of the State
Board.
 Section 22 controls emissions from such plants.
Example:
Pondicherry and Chandigarh were declared air pollution control areas in
1988.
Important Cases:
  Orissa State Pollution Board v. Orient Paper Mills: Supreme
Court said absence of Rules does not stop the State Government
from declaring an air pollution area.
 Animal Feeds Dairies Case: Orissa High Court said only the State
Government (not the Board) can declare air pollution control areas.

2. Powers regarding emissions from automobiles

 Under Section 20, the State Government can instruct the motor
vehicles authority to ensure that vehicles meet the emission
standards set by the Board.
 These instructions are binding on the authority.

3. Restrictions on use of industrial plants

 Under Section 21, no one can establish or operate an industrial
plant in an air pollution control area without consent of the State
Board.
 The Board must decide within four months and can grant or refuse
consent with reasons.
If consent is given:
 The industry must:
o Install approved pollution control equipment.
o Keep the equipment in good working condition.
o Build chimneys if required.
o Follow other conditions set by the Board.
 Under Section 22, no industry can emit pollutants beyond the
standards set by the Board.
 Under Section 22A, if pollution is expected to exceed standards:
o The Board can approach a court to restrain the polluting
activity.
o If the order is not obeyed, the Board can enforce it and
recover costs from the polluter.

4. Furnishing of information in case of accidents

  Under Section 23, if due to an accident or unexpected event,
excess pollution occurs (or is likely), the person in charge must
immediately inform the State Board.
 The Board can take remedial steps.
 The costs of these steps, plus interest, can be recovered from the
responsible person.

5. Powers of entry and inspection

 Under Section 24, the State Board has the power to enter and
inspect any place, similar to powers given under the Water Act.

6. Power to obtain information

 Under Section 25, the State Board can ask for information from
any industry regarding:
o The type of pollutants released, and
o The level of emissions.
 The Board can also inspect premises to check if the information is
correct.

7. Power to take samples

 Under Section 27, the State Board can take samples of air or
emissions from chimneys, ducts, or other outlets.
For the sample to be valid in court:
1. The person taking the sample must:
o Give a notice to the occupier or his agent.
o Collect the sample in their presence.
o Seal and mark the container, and get it signed by both.
o Send the sample quickly to an approved laboratory.
2. If the occupier is absent or refuses to cooperate:
o The sample must still be sent to the laboratory.
o The laboratory must be informed about the refusal.
 The laboratory sends three copies of the analysis report:
o One to the occupier,
 o One for court,
o One kept by the Board.
 If the occupier refused to cooperate, he must pay the analysis
costs, recoverable as arrears of land revenue.

8. Power to give directions

 Under Section 31A, the Board can issue written directions to any
person, officer, or authority.
 These directions are binding and can include:
o Closing or regulating an industry,
o Stopping or regulating supply of electricity, water, or other
services.

E. OFFENCES AND PENALTIES

Punishment for Violating S. 21, S. 22, and S. 31A
 If anyone does not follow Section 21 (Consent to establish or
operate an industrial plant), Section 22 (Emission beyond
standards), or directions given under Section 31A, they can be
punished with:
o Imprisonment of at least 18 months (1.5 years) and up to 6
years,
o Plus fine.
 If the person continues to break the law even after the first
conviction:
o They must pay an extra fine of up to ₹5,000 for each day.
 If the violation continues for more than 1 year after the first
conviction:
o The person can be punished with minimum 2 years and
maximum 7 years of imprisonment plus fine.
(Section 37)

Other Offences (Section 38)

Anyone doing the following acts can be punished with:
 Imprisonment up to 3 months, or
 Fine up to ₹10,000, or
 Both.
The acts include:
 (a) Destroying, removing, damaging or defacing any post,
notice, or object fixed by the Pollution Board.
 (b) Stopping or obstructing any person working under the
Board’s orders.
 (c) Damaging any property belonging to the Board.
 (d) Failing to give information asked by the Board.
 (e) Failing to inform the Board about any accidental emission of
air pollutants, as required under Section 23.
 (f) Giving false information when required under the Act.
 (g) Giving false information to get consent under Section 21.

Punishment for Other Offences

 For any other offence (not under Sections 37 or 38):
o Imprisonment up to 3 months, or
o Fine up to ₹10,000, or
o Both.
 If the offence continues after conviction:
o Additional fine up to ₹5,000 per day.

Offences by Companies (Section 40)

 If a company commits an offence:
o Every person responsible (like directors or managers) can also
be punished, unless they prove that:
 The offence happened without their knowledge, or
 They tried their best to prevent it.
 These rules are similar to Section 47 of the Water Act.
Offences by Government Departments (Section 41)
 If a Government Department commits an offence:
o The Head of the Department is considered responsible and
can be punished.
 These rules are same as Section 48 of the Water Act.

When Courts Can Take Cognizance (Section 43)

 A court can only take up cases under the Air Act:
o If a complaint is made by the Board, or
o If a complaint is made by a person who has given 60 days’
notice to the Board.
 These rules are same as Section 49 of the Water Act.

Bar of Jurisdiction (Section 46)

 Civil courts cannot hear cases related to matters that are handled
by the authorities under the Air Act.
 This is similar to Section 58 of the Water Act.

Noise Pollution (Regulation and Control)

Rules, 2000

Introduction
Modern urbanization and industrialization have led to a serious rise in
noise pollution, which is now considered a silent killer.
The word "noise" comes from the Latin word "nausea" (meaning sea
sickness).
 Encyclopedia Britannica defines it as "undesired sound".
 Encyclopedia Americana calls it "unwanted sound".
In physics, sound is a form of energy that travels in waves.
Unwanted sound is called noise.
Measurement of Noise
 Noise is measured in decibels (dB).
 Examples:
o Whisper: 30 dB
o Normal talking: 60 dB
o Telephone ring (2m away): 70 dB
o Refrigerator hum (2m away): 40 dB
 Continuous exposure above 70 dB can cause hearing loss.
 Noise above 90 dB is dangerous and damages the nervous
system.
 WHO recommends 45 dB for cities, but cities like Mumbai and
Delhi often cross 90 dB.

Effects of Noise
 Reduces performance of school children (example: near Chicago
Airport study).
 Causes stress, irritability, loss of concentration, and high
blood pressure.
 Leads to Lombard vocal response (talking loudly because of
surrounding noise).

Sources of Noise
 Natural sources: Thunder, volcanoes, waterfalls (rare).
 Man-made sources: Factories, vehicles, loudspeakers,
construction, firecrackers, etc.

Control Before 2000

Before the Noise Pollution Rules, noise was controlled using:
 Law of Torts (noise as a nuisance).
 Criminal laws:
o IPC Section 268 (Public nuisance),
 o CrPC Sections 133–144.
Other laws that dealt with noise:
 Air Act, 1981 (included noise as air pollutant after 1987).
 Environment (Protection) Rules, 1986 (standards for
firecrackers, vehicles, etc.).
 Central Motor Vehicles Rules, 1989 (ban on multi-tone horns,
silencers mandatory).
 Police Act, 1861 (regulation of noise from music).
 Factories Act, 1948 (recognised noise-induced hearing loss).
 Workmen's Compensation Act, 1923 (employers liable for noise-
related diseases).

Noise Pollution Rules, 2000

Came into force on February 14, 2000, under the Environment
(Protection) Act, 1986.
Aim: Regulate and control noise-producing sources to maintain
ambient noise standards.
Permitted Noise Limits (in dB)
Daytime (6am– Night-time (10pm–
Area/Zone
10pm) 6am)

Industrial Area 75 dB 70 dB

Commercial
65 dB 55 dB
Area

Residential
55 dB 45 dB
Area

Silence Zone 50 dB 40 dB
Silence Zone:
 At least 100 meters around hospitals, educational institutions,
courts, religious places, etc.
Authorities
 The "authority" (District Magistrate, Police Commissioner, etc.) is
responsible for enforcing these Rules.

Key Provisions
  Rule 5:
o No loudspeakers/public address systems without written
permission.
o Ban on loudspeakers at night (10 p.m. to 6 a.m.) except
indoors (auditoriums, halls, etc.).
o States can allow relaxation for 15 days a year during
festivals.
 Rule 6:
In Silence Zones, the following are banned:
o Playing music, using sound amplifiers,
o Drums, trumpets, horns,
o Sound-based performances,
o Bursting noisy firecrackers,
o Using loudspeakers without permission.
Violation is punishable under the Environment (Protection)
Act, 1986.
 Rule 7:
o If noise exceeds limits by 10 dB(A), any person can
complain to the authority for action.
 Rule 8:
o The authority can issue directions to prevent public
disturbance based on police reports or other information.

Important Court Cases

 Soltau v. De Held (1851):
Church bells disturbing the neighborhood were restrained by the
court in England.
 Maulana Mufti Syed Barkati v. State of West Bengal (1999):
Calcutta High Court ruled that Azan is religious, but use of
loudspeakers is not a religious requirement.
 Church of God (Full Gospel) v. K.K.R. Majestic Colony Welfare
Assn (2000):
Supreme Court: No religion permits disturbing others by using
amplifiers.
 Om Birangana Religious Society v. State (1996):
Court recognized citizens' right to sleep and right to silence.
A. IMPORTANCE OF FORESTS
In ancient India, forests were very important. Rulers like Chandragupta
Maurya and Kautilya were experts in forest management, and Emperor
Ashoka promoted planting trees.
Today, forests cover about 40% of Earth's land, but in India, forest cover is
less than 18%. India has only 0.05% of the world’s forests — a worrying
fact.
Forests are a nation’s wealth. They:
 Maintain wildlife and ecological balance
 Improve soil quality and prevent soil erosion
 Provide food and shelter to tribals and animals
 Give wood and bamboo pulp used for paper, stationery, etc.
 Supply dyes, gums, oils for making medicines, cosmetics, incense,
soaps
 Have religious and cultural importance
 Add beauty and greenery, giving emotional satisfaction
However, cutting trees and uncontrolled industrial growth have led to
deforestation, causing:
 Climate change
 Soil erosion
 Wood scarcity
 Near-extinction of some plants and animals
Constitutional Provisions:
Realizing the importance of forests, Parliament added:
 Article 48A (Directive Principle): The State must protect and
improve the environment and forests.
 Article 51A(g) (Fundamental Duty): Every citizen must protect
forests, lakes, rivers, wildlife, and show compassion to living beings.
Earlier, forests were a State subject. After the 42nd Amendment (1976),
forests shifted to the Concurrent List, meaning both Centre and States
can make laws. If there's a conflict, Central law prevails (Article 254).

B. THE FOREST (CONSERVATION) ACT, 1980

Due to rapid deforestation, the Forest (Conservation) Ordinance was
passed on 25th October 1980, later replaced by the Forest
(Conservation) Act, 1980. It applies across India (except Jammu &
Kashmir) and came into force from 25th October 1980.
The Act, with only 5 sections, has two main aims:
1. (Section 2) - Strict restrictions on:
o Removing 'reserved' status of forests
o Using forest land for non-forest purposes
o Leasing forest land to private parties
o Clearing natural forests (except for reforestation)
Non-forest purpose means using forest land for:
 Growing tea, coffee, spices, rubber, palms, horticulture crops, or
medicinal plants
 Any purpose other than reforestation
Note: Conservation-related works like building check-posts,
communication lines, bridges, water-holes, pipelines, etc. are not
considered non-forest purposes.
Penalty for violation: Simple imprisonment up to 15 days (no fine
mentioned).
2. (Section 3) - Creation of Advisory Committee:
o To advise the Central Government on approvals under Section
2 and other conservation matters.
Forest (Conservation) Rules, 2003:
The Forest Advisory Committee consists of:
 Director-General of Forests (Chairperson)
 Additional Director-General of Forests (Member)
 Additional Commissioner (Soil Conservation) (Member)
 3 non-official experts (Mining, Civil Engineering, Development
Economics) (Members)
  Inspector-General of Forests (Member Secretary)

Important Court Cases

1. Rural Litigation & Entitlement Kendra v. State of U.P. (1985)
(Doon Valley Case)
 Supreme Court cautioned about ecological damage due to limestone
mining and said natural assets must be preserved for future
generations.
2. Kinkri Devi v. State (1988, HP High Court)
 Emphasized the need to balance development and environment to
avoid violating Articles 48A and 51A(g).
3. T.N. Godavarman Thirumulkpad v. Union of India (1997)
(Forest Conservation Case)
 Supreme Court ordered a ban on saw mills, tree-felling, and timber
transport in specific areas.
4. Sabia Khan v. State of U.P. (1999, SC)
 Petitioner's claim that the Supreme Court’s earlier orders were not
binding was rejected. Court imposed Rs.10,000 as costs for abuse of
legal process.
5. Baleshwar Singh v. State of U.P. (1999, Allahabad HC)
 Court held that restriction on cutting green trees was reasonable
and did not violate any fundamental right under Article 19(1)(g).
6. Ambika Quarry Works v. State of Gujarat (1987, SC)
 Renewal of a lease for forest land also needs Central Government
approval under Section 2, even if the original lease allowed renewal.

Of course! Here’s your Indian Forest Act, 1927 summary in easy

language and slightly shorter, without missing important points:

C. The Indian Forest Act, 1927

(Simplified Summary)
The Indian Forest Act, 1927 was passed before independence to replace
the earlier 1878 Act.
Important Points:
 Section 2: Defines terms like "cattle", "forest officer", "forest
produce", "timber", "trees", etc.
 Section 3: Allows the State Government to declare government
forest land or wasteland as "Reserved Forest" through a
notification in the Official Gazette.
 Even if a forest is not reserved, under Section 29, it can be
declared a "Protected Forest" to regulate activities like tree
cutting, sawing, and removal of forest produce.
 Section 35: Gives power to State Governments to control private
forests or wastelands for maintaining water supply, protecting
roads, and public health.
 The Act also controls trade, possession, and transit of timber and
forest produce.
o Central Government can impose duties (taxes) on timber and
other forest goods.
 It covers issues like cattle trespass, forest officer powers, collection
of stranded timber, offences, penalties, and seizure of goods
(Sections 52 to 69).

Reserved Forests (Important Details):

 After declaring land as a Reserved Forest, certain rights of the
people are restricted.
 The State Government appoints a Forest Settlement Officer who:
o Issues a proclamation in nearby villages in local language.
o Informs about the proposed forest and consequences.
o Gives at least 3 months for people to claim any rights over
the land.
 If a person does not claim within time, the right is extinguished
unless they show good reason for delay.
 The Forest Settlement Officer can:
o Exclude some land.
o Make agreements for surrender of rights.
o Acquire land under the Land Acquisition Act.
  Appeals can be made to a senior revenue officer or a special
Forest Court set up by the State.
 After settling all claims, the State Government issues a final
notification, and the forest officially becomes a Reserved Forest.

Prohibited Activities in Reserved Forests (Section 26):

Anyone doing the following can face 6 months’ jail, a fine up to ₹500,
or both:
 Clearing land.
 Setting or mishandling fire.
 Trespassing or grazing cattle.
 Damaging trees or forest produce.
 Quarrying stone, burning lime/charcoal.
 Hunting, fishing, trapping animals illegally.
 Killing elephants without permission (where the Elephants'
Preservation Act does not apply).
 Courts can also order compensation for damage caused.

De-reservation of Forests:
 The State Government can cancel the reserved status by
notification.
 However, earlier extinguished rights do not come back after de-
reservation.