EMERGING CONCEPT OF

STATE AND ENVIRONMENTAL

LIABILTY IN INDIA

HALA ZAFAR
SECTION A
FACULTY OF LAW
 ACKNOWLEDGEMENT
First of all, I would like to thank god! I would like to sincerely thank
OUR Professor for the opportunity he gave me research on the topic,
Emerging concept of state and environmental liability in India. He
has consistently update me about the relevant cases and material of
importance regarding my topic. I would like to thank the faculty and
the librarians who let me easily access all the matters pertaining to
my topic available in the library. Lastly I would like to thank my family
and friends who constantly extended their unwavering support
throughout the project.
 SYNOPSIS:
1. Introduction.01
2. Environmental governance02
2.1Statutory framework. 04
3. Environmental governance & functional aspect of state.
5. Principle of environmental Law.
Sustainable development
Precautionary principle
Polluters pay principle
Public trust doctrine
Principle trust doctrine.
Principle of absolute liability
Public interest litigation
6. Conclusion.
 INTRODUCTION
The environment and the economy are really both two sides of the same coin. If
me cannot sustain the environment we cannot sustain ourselves- WANGARI MAATHAI.

Today, the conservation, protection, and improvement of human

environment are major issues all the world. Human environment consists of
both physical environment and biological environment. Physical environment
covers land, water, and air. Biological environment includes plants, animals
and other organism. Both physical and biological environment are inter-
dependent. Industrialization, urbanization, explosion of population of
resources, disruption of natural ecological balances, destruction of multitude
of animals and plants species for economic reasons are the factors which
have contributed to environmental deteriorationi.
One countrys degradation of environment degrades the global
environment for all the countries. The problem of environmental pollution
has acquired international dimension & India has no exception to it
The task of the protection of the environment has taken its position
before all the nation across the world as a dire necessity to take adequate
steps to preserve the ecology and thereby survive all the living being on the
earth. As a part of it , various international efforts have been undertaken
starting with the convening of Stockholm conference in 1972 and later Rio &
Johannesburg conference in 1992 & 2002, respectively and holding of
Copenhagen climate change conference in 2009 and many more conventions
and plans. These international community, bring into existence and enforce a
plethora of international environmental laws imposing, binding into
existence and enforce a international obligations on the member countries of
the international community to take effective, preventive, curative and
promotive steps for the protection of global environment .
 ENVIRONMENTAL GOVERNACE

Environmental governance is a concept in political ecology and environmental

policy that advocates sustainability as the supreme consideration for
managing all activities political, social & economic. Governance includes
government, business, and civil society and emphasizes whole system
management. To capture this diverse range of elements environmental
governance often employs alternative system of governance, for example
watershed based management.
It view natural resources and the environment as global public goods,
belonging to the category of goods that are not diminished where they are
shared. The means that everyone benefits for example a breathable
atmosphere stable climate and stable biodiversity.
Governance is broadly the process of decision making and their
implementation and large connotations to the interaction between
government \(or , state), markets or (private sector & civil society). It is
defined here as the dynamic interaction between people structure, processes
and traditions that support the exercise of legitimate authority in provision
of sound leadership, direction, oversight, and control of an entity in order to
ensure that its purpose is achieved and that there is proper accounting for
the conduct of its affairs, the use of its resources, and the result of its
activities. Governance also refers to government structure, functioning
institutions and power relations that leads to decisions and good governance
should ideally lead to sustainable improvement in quality of life of all citizens.
Indias environmental resources are limited. Further these resources
being exploited by unprecedented growth of population and unplanned
economic development .The environmental resources are the foremost and
mandatory requirement for sustainable development. These resources are
depleted by environmental pollution and deterioration India has population
of over 1.2 billion which is 16% of the world population living just 2.4% of
total land of world that causes serious concern about the penalty of
resources that is required for the economic growth in the longer seen. Urban
areas in India are at the stage of vital collapse as they have turned into slums
and sequestered camps due to large scale of population shifts from the rural
areas seeking employment and livelihood.

2.1 STATURTORY FRAMEWORK

India has enacted more than 200 laws for the protecting the
environment with significant provisions in the constitution.
The important laws are :-
1) The wildlife (protection) Act of 1972.
2) Water (prevention and control of pollution) act, 1974
3) Forest (conservation) act, 1980
4) Air (prevention and control of pollution) act, 1981
5) Environment protection act , 1986
6) Public liability insurance act (PLIA) 1991
7) The national environmental tribunal act 1995
8) The biomedical waste (management and handling) rules 1998.
9) The national environmental appellate authority act ,1997
10) The environment (sitting &industrial projects) rules 1999
11) The ozone depleting substance (regulation and control)rules, 2000
12) The batteries (management & handling) rules, 2001
13) The biological diversity act 2000 & biological diversity rules.
14) National environmental policy of 2006
15) NAPCC National action plan on climate change.
16) National green tribunal act 2010
 17) The noise pollution (regulation & control) amendment rules
,2010.
18) Plastic waste (management & handling) amendment rules.2010.

The wildlife (protection) act 1972 :

The act has provisions regarding the
a) Protection of specified pants
b) Prohibition of hunting of animals
c) Declaration of sanctuaries, national parks, and closed areas
d) Management of sanctuaries, national parks, and closed areas
e) Constitution of central zoo authority
f) Granting license for the purpose of education, scientific research, and scientific
management.
g) Granting of license (permits) for picking uprooting etc. Of specified plants for the
purpose of education and scientific research
h) Penalties for violation of various provisions of the act

Any violation of the provision of the act are subject to penalties which
can vary according to degree and gravity of violations.

WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974

The act tries to make judicious use of water and to check pollution of
water through different provisions and measures. Central government
drawn power from this act to establish central water pollution control
based.
 FOREST (CONSERVATION) ACT , 1981

The Act is framed for the prevention, control and abatement of air
pollution. The act has similar type of framework as of water act for
providing authority of central and state pollution control board for
providing consent to industries for operating within designated air
pollution standards.

FORESRT (CONSERVATION) ACT, 1980

Under section 2 of this act, it is mandatory for the government to obtain
permission for the dereservation of forest and using forest land for non-
purposes.

ENVIRONMENT PROTECTION ACT,1986

Protection and improvement of environment is the main objective of
this act . The act was framed after Bhopal gas tragedy in1984. The
government enacted this act under article 253 of the Indian constitution .
The act provides a framework for air, water, land pollution and empowers
the government for setting national ambient and emission standards
,establishing procedure and regulations for inspection and checking pollution
sources. The act also concerned with the safety measures .

PUBLC LIABILTY INSURANCE ACT (PLIA), 1991

The act makes it mandatory for the business owners who operate in
hazardous substances to take out insurance policies for covering potential
liabilities from an accident and establishing environmental relief funds fo
dealing with accidents arising from the mishandling of hazardous substances.

THE NATIOANAL ENVIRONMENTAL TRIBUNAL ACT.1995

This act was framed on the recommendations of United Nations second
Earth sumit at Rio-de Janerio. The main objectives of this act to provide
effective and speedy relief as well as compensation for the damage made to
human health, property and the environment due to accident and disasters
caused by the industries. According to this act, the person is liable to claim
the damage in case of death; permanent, temporary , total/partial disability,
medical expenses injured; damage of property , flora, ecosystem, etc.

THE BIOMEDICAL WASTE (MANAEGMENT AND HANDLING) RUES ,

1998
According to these rules, there is legal binding on the health care
institution for streamlining the process of proper handling of hospitals waste
such as segregation, packing, transportation, collection, and treatment. It is
the duty of institution generating waste to handle it properly without making
any adverse effect to human health and environment.

THE ENVIRONMENT (SITTING FOR INDUSTRIAL PROJECTS)RULES,1999

 The rules provides detailed provisions relating to area where siting of
industries is prohibited or for siting industries precautionary measures has to
be taken regarding environment protection.

THE OZONE DEPLETING SUBSTANCE (REGULATION AND CONTROL)RULES

2000
These rules have been made for regulating the production and consumption
of ozone depleting substance(ODS). The rules says that no person shall
produce any ozone depleting substance. The rules also prohibits the export
and import of ODSs to or from any country. Its prohibits person or
enterprise to sell, stock or exhibits for sale or distributes ODS to any persons
or enterprises. The rule prohibits new investment of ODS.
THE BATTARIES( MANAGEMENT & HANDLING) RULES, 2001
The rules are applicable to every type of manufacturer, importer, re-
conditioner, assembler, cleaner, auctioneer, consumer and bulk consumers
that are involved in the manufacture, processing , sale , purchase, and use of
batteries or components so as to regulates and ensure the environmentally
safe disposal of used batteries.
THE BIOLOGICAL DIVERSITY ACT 2002 AND BIOLOGIAL DIVERSITY
RULES
The act provide rules for the conservation of biological diversity
,sustainable use of its components ,and fair and equitable sharing of benefits
that arise out of the use of biological resources and knowledge associated
with it. It provides provisions for sharing of benefits arising from the use of
biodiversity.
NAPCC: NATIONAL ACTION PLAN ON CLIMATE CHANGE.
 For achieving sustainable development, the prime ministers council
launched NAPCC in 30 june 2008. It comprises of eight National Missions
namely:
1. National solar mission (NSM)
2. National mission for Enhanced Energy (NMFEEE)
3. National Mission on Sustainable habitat (NMSH)
4. National Water Mission (NWM)
5. National Mission for sustaining the Himalayan Ecosystem(NMSHE)
6. National Mission for Green India(NMGI)
7. National Mission For sustainable Agriculture(NMSA)
8. National Mission for Strategic Knowledge for climate change
(NMSKCC)
THE NOISE POLLUTION (REGULATION AND CONTROL) AMENDMENT
RULES, 2010
The rules provides terms and condition for reducing noise pollution, for
permitting use of loud speakers or public address system from 10 to 12
midnight during any cultural or religious festive occasion. The rules also
restrict the use of horn and sound emitting construction equipment in silence
zone or residential areas at night.

PLASTIC WASTE (MANAGEMENT AND HANDLING) AMENDMENT

RULES, 2011
MOFF has notified the rules in 2011. Its replace the recycled plastic
manufacture and usage rules of 1999 (amended in 2003).The minister
of environment and Forest, Mr. Jai Ram Ramesh released the rules. He
was of the opinion that there is need to improve solid waste
management system. The feature include ban on use of plastic
materials in sachets for storing, packing, or selling gutka, tobacco and
pan masala. It also include ban on use of recycled plastic or
compostable plastics for packing food stuffs.