INTERNATIONAL ENVIRONMENTAL LAW: UPHOLDING THE INDIAN STATUS

ABSTRACT:

Environmental pollution is ignorant of any geographical boundary and so the problem of

environmental pollution became the global problem. The global concerns for the environmental
crisis had led to the development of the international environmental law. Pollution in one state
does not only affect the civilians and surrounding of that state but also has its effect cross border.

To address the environmental issues which India was facing, it was indispensable and important
to initiate actions at all levels, be it global, national, local or at community level. It is just not
important to have end numbers of international agreements or declarations but what is required is
its enforcement and application in the state legal system.

The post independence era witnessed various developments in the policies and tends of the
government with respect to the environmental protection. The Constitutional Law of India, 1950
had various provisions related to the state responsibility towards the protection of the
environment, i.e. Article 39(b), 47, 48, 48A 49, and even the citizens were given the
responsibility to protect the environment under the 42nd Amendment i.e. Article 51A(g).

The Stockholm’s Declaration of 1972 was the first environmental conference which dealt with
the protection and improvement of the human environment. It laid down 26 principles which
were required by the states to follow it for the preservation of the human environment. This
conference was followed by various other multilateral treaties and declarations such as Rio
Declaration, Agenda 21, Convention on Biological Diversity, UNFCC, etc.

Following the above International Environmental Law regime, the Indian Legal system got
flourished as Wild Life (Protection) Act 1972, Water (Prevention and Control of Pollution) Act
and Rules 1974 and 1975, and many other similar acts dealing with the forest, air, wildlife, etc
were passed and thereby various committees were also constitutes like Pitambar Pant
Committee, on whose recommendation the Committee on Environmental Planning and
Coordination (NCEPC) was setup. Further, National Committee on Environmental Planning
1981 was setup etc.

1
It was not just the legislature which applied the international environmental law in the Indian
legal system but a major role was also played by the Indian Judiciary in applying and thereby
pronouncing the judgment. There are series of case laws wherein the judiciary had given its own
interpretation which had helped in development of the Indian Environmental law.

The author in this paper would be dealing with the inter-relation between the multilateral
environmental agreement to which the India is signatory to and its implication in the Indian
Legal System.

Keywords:

2
INTRODUCTION

Environmental pollution has become a major threat to human life as well as to flora and fauna;
consequently to curb the pollution ‘Environmental law’ has emerged as one of the most
important tool for promoting development without destruction. Nature is the common heritage of
mankind and to preserve and protect this heritage mankind must make constant efforts. When a
voluntary action fails due to pollution, an involuntary action must take over. It is this process
which gives birth to environmental law.1

Environment plainly means ‘surroundings’ and that is why Einstein defined it as “Environment
is everything that isn’t me.” Exactly, environment is a concept that is relative to whatever object
it is surrounded. The Environmental Protection Act, 1986 defines environment as “Environment
includes water, air and land and inter-relation which exists among and between water, air and
land and human beings, other living creatures, plants, micro-organism and assets.” 2 The World
Health Organization (WHO) has observed that over 70% of all human ailments are influenced by
environmental deterioration.3 The industries are the sources of hazardous emission and effluents.
The use of chemical insecticides and pesticides in agriculture also leaves dangerous residues.
Transport, whether or air contaminates the environment. Public health infrastructure such as
sewage, garbage and drainage has a detrimental impact on the environment.

‘Environmental Law’ refers to the set of enforceable rules and principles regulating the activities
of persons, natural or legal, which have impact on environment. 4 The issue of the environment is
a big issue in political terms. The issue ranges from a street to stratosphere. 5 Law is only one
element in what is a chief cross disciplinary topic and lawyers need some understanding of the
scientific, political and financial processes involved in environmental degradation.6

Industrialization, explosion of population, urbanization, over-exploitation of resources,

disruption of natural ecological balances, destruction of a multitude of animal and plant species
for economic reasons are the factors which have contributed to environmental deterioration. 7
1
Furqan Ahmad, Origin and Growth of Environmental Law in India.
2
Section 2(a), The Environmental (Protection) Act, 1986.
3
S. Shanthakumar’s, The Introduction to Environmental Law (Lexis Nexis, Haryana, 2nd ed., 2005, p. 1).
4
K.M. Chinnappa v. Union of India, AIR (2003) SC 724.
5
Supra note 3.
6
Simon Bail and Stuart Bell, Environment Law, (Universal Law Publication Co. Pvt. Ldt., Delhi, 1996, p.3)
7
Sachidananad Pandey v State of West Bengal, AIR (1987) SC 1109.

3
Further, one country’s degradation of environment degrades the global environment for all the
countries.8 The problem of such an environmental pollution has acquired international
dimensions and India is no exception to it.

Through statistical data it is been found out that India is ranked 17 th among the top most polluted
countries of the World.9 And further through census 2011 and the Central Pollution Control
Board estimates that 75-80% of the water pollution is done from the domestic sewerage and
others, which in turn is leading to increasing water borne diseases like cholera, dysentery, etc.10

To deal with environmental issues that India and other countries face, it is crucial and important
to initiate action at all levels – global, regional, national, and local and community. It is not
adequate to have international agreements and instruments on environmental issues; but the
execution and enforcement of these policies and agreements to a large extent determine their
impact and effectiveness. The principles of Indian environmental law are resident in the judicial
interpretation of laws and the Constitution, and encompass several internationally recognized
principles, thereby providing some semblance to consistency between domestic and global
environmental standards.11

EVOLUTION OF INDIAN LEGAL SYSTEM

The evolution of Indian Environmental law can be divided into four phases. The first phase can
be dated back to the Ancient period when there were Vedas, Puranas, Upanishads and other
scriptures in Hindu theology. Then, the Medieval period, where the significant contribution had
been made by the Mughal Empire in the development of the environmental law and thereby
protecting environment. Later came the British Era, in this period major development of the
environmental law was made it was the period where the first Act related to the protection of the
environment was enacted and enforced. At the end, the post independence era, where in
accordance with the various international treaties and conferences various Acts, rules related to
water, air, etc. where enacted and enforced one by one so as to protect the environment and
maintain sustainability.

8
Armin Rosencranz, Shaym Divan and Martha L. Noble, Environmental Law and Policy in India, (1991 p. 25).
9
See https://www.numbeo.com/pollution/rankings_by_country.jsp?title=2016-mid&region=142.
10
Sushmi Dey, 80% of India’s surface water may be polluted, report by international body says,TOI, July 28, 2015.
11
Mumbai Kangar Sabha v Abdulbhai, AIR (1976) SC 1455.

4
ENVIRONMENTAL PROTECTION IN ANCIENT PERIOD

The Vedas, Puranas, Upanishads and other scriptures of the Hindu religion gave a detailed
description of tress, plants and wild life and their importance to people. Forests, wildlife and
particularly trees were held at a high esteem in Hindu theology. The Rig Veda highlighted the
potentialities of nature in controlling the climate, increasing fertility and improvement of human
life emphasizing of intimate kinship with nature. Atharva Veda considered the trees above gods
and goddesses. Yajur Veda emphasized that the relationship with the nature and animals should
not be that of command and suppression but of communal respect and compassion.12

The Hindu society was conscious of adverse environmental effects caused by deforestation and
extinction of animal species. And thus during Vedic period, cutting of tress was prohibited as
well as punishable. For example, Yajnavalkya Smriti, had declared cutting of trees and forest as
punishable offences and a penalty of 20 – 80 pana to be payable in doing so.13

Even in the Srimad Bhagavatam, it is rightly pointed out that a man who with excessive devotion
offers respect to sky, water, earth and heavenly bodies, living beings, trees, rivers and seas and
all created beings and considers them as a part of the body of the Lord attains the state of
supreme peace and Gods grace.14

The environmental protection has been an important facet to Hindu way of living. It had further
appeared in the various civilization of Mohenjodaro, Harrapa nad Davidian, that they lived in
consonance with its ecosystem and maintained the harmony between themselves and the
environment. The Mauryan Period was possibly the most magnificent chapter of the Indian
history in relation to the environment protection. 15 It was period where the detailed and
perceptive legal provisions were found in Kautalya’s Arthasahastra written between 321 B.C.
and 300 B.C.16

The superintended of forest was authorized to cause forest produce to be brought in by ‘guards in
produce-forests’; to establish factories for forest produce and fix adequate fines and
12
B.N. Tiwari, “Hindu Culture and Ecology” in Gautam Sharma (ed.) Environment, man and nature (Reliance: New
Delhi, 1989) p. 23-27.
13
Ibid, p. 26.
14
Ibid, p. 27.
15
Kailas Thakur, Environment Protection Law and Policy in India (Deep & Deep, New Delhi, 1994) p. 104.
16
J.B. Lal, India’s forests: Myth and Reality (Natraj, Dehradun, 1989) p. 15-17.

5
compensation for damage to any productive forests. 17 Arthashastra also prescribed punishment
for causing pollution and uncivilisation. It provided that the officer in charge should punish those
who threw waste on the roads by 1/8th pana, for causing muddy water 1/4th pana and if both acts
were committed, the punishment should be double.18 The King Ashoka, in pillar edict had
expressed his viewpoint about the welfare of creatures in his state. He had prescribed various
pecuniary punishments for killing animals, which included even ants, squirrels, parrots, etc.19

ENVIRONMENTAL PROTECTION IN MEDIEVAL PERIOD

In Medieval period, the Mughal Emperors had made a significant contribution towards the
conservation of environment. They had established magnificent gardens, fruits orchards, parks
around their palaces, central and provincial headquarters, at public places, on the bank of rivers,
etc.

There is even a common opinion of the environmentalists that though the Mughal Emperors were
great lovers of nature and they took delight in spending their spare time in the lap of nature but
had not made any attempt on forest conservation and its protection.20

ENVIRONMENTAL PROTECTION IN THE BRITISH ERA IN INDIA

The British rule in India in its early days was the days of plunder of natural resources. As they
caused a fierce onslaught on India’s forest. The British government started exercising control
over the Indian forests in the year 1806. The second half of the 19 th century marked the
beginning of an organized forest management in India with some administrative steps taken to
conserve forest.21 The first step to access monopoly right over the forest was the enactment of the
Forest act, 1865. It expanded the powers of the State by providing for reserved forest, which was
closed to the people and by empowering the forest administration to impose penalties for any
transgression of the provision of the Act.

17
Supra note 3.
18
Ibid.
19
R. Thapar, Ashoka and the Decline of the Mauryas (2nd ed. 1973) at 264.
20
Sangeeth Mugunthan, An appraisal of Environmental Law
21
Supra note 3.

6
Apart from the management of the forest resources and its areas, it also concentrated on certain
other areas like water pollution, air pollution, wildlife and land use by enacting various
legislative enactments.22

ENVIRONMENTAL PROTECTION DURING THE POST- INDEPENDENCE ERA

This era had witnessed various changes in the policy and Acts related to the protection and
conservation of environment. The year 1972 is a landmark in the history of Environmental
Management in India. Before 1972, legislative activity in the field of environmental protection
was not seen.23 The present legislations in India are mainly the outcome of the growing
industrialization and population pressure. To achieve social justice and to preserve the fragile
ecosystem, certain principles were evolved. Among these principles, the concept of ‘Sustainable
Development’ focused on integration of developmental and environmental imperatives. Several
other principles were also evolved such as, the precautionary principles 24, the polluter pays
principles25, the public trust doctrine26 and Principles of absolute liability27 to give strength to the
concept of environment and development.28

 INDIAN CONSTITUTION

Starting with the Constitution of India, 1950 various provisions related to the environment
protection has been inserted and thereby giving the state the responsibility to protect the
environment. Article 39(b)29, 4730, 4831, 4932 of the constitution talks about the conservation and
protection of the natural resources. But the Articles, does not deal with the subject of
environment or prevention and control of pollution.33 Therefore, to impose a duty upon both

22
Ibid.
23
Supra note 3.
24
Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647.
25
M.C. Mehta v Union of India, AIR 1987 SC 1086, See also Indian Council for Enviro- Legal Action v. Union of
India, (1996) 3 SCC 212.
26
M.C. Mehta v Kamal Nath, (1997) 1 SCC 388.
27
M.C. Mehta v Union of India, AIR 1987 SC 1086 popularly known as the ‘Oleum gas leak case.
28
Mahajan Niyati, Judicial Activism for Environment Protection in India, International Research Journal of Social
Sciences, Vol. 4(4), 7-14, April (2015).
29
Article 39 – Certain principles of policy to be followed by the State.
30
Article 47- Duty of the State to raise the level of nutrition and the standard
of living and to improve public health.
31
Article 48- Organization of agriculture and animal husbandry.
32
Article 49: Protection of monuments and places and objects of national importance.
33
Supra note 3.

7
citizen and State, the Constitution of India was amended by the Constitution (42 nd Amendment)
Act, 1976. The Amendment inserted two new articles i.e., 48A34 and 51A (g)35, which is
considered to be significant for Environmental Protection. This amendment to the Constitution
marked the beginning of Environmental Jurisprudence in India.

In the case of M.K. Janardhanam v District Collector, Tiruvallur 36, it was observed that the
phrase used in Art. 48A and Art. 51A “protect and improve” implies affirmative governmental
action to improve the quality of the environment and not just to preserve the environment in its
degraded form. Therefore, the constitution makes two fold provisions- on one hand, it gives
directive to the State for the protection and improvement of environment and on the other, it
casts a duty on every citizen to help in the preservation of natural environment.37

Further, the court38 observed that any person who disturbs the ecological balance or degrades,
pollutes and tinkers with the gifts of nature such as air, water, river, sea and other elements of the
nature, he not only violates the fundamental right guaranteed under Art. 21 of the Constitution,
but also breaches the fundamental duty to protect the environment under Art 51A (g).

The Supreme Court in M.C. Mehta v Union of India 39 held that “these Directives Principles 40
individually and collectively impose a duty on the State to create conditions to improve the
general health level in the country, and to protect and improve the natural environment.

 SPECIFIC LEGISLATIVE JOURNEY

It was the year 1972, when the Pitambar Pant committee on Human Environment was set up to
prepare a report on the state of environment for presentation at the United Nations Conference on
Human Environment held at Stockholm in 1972. The reports of this committee formed the basis
upon which India’s policy concern on environment was presented at the Stockholm conference.
Thus, it is considered to be the turning point for our legal system.41
34
Article 48A: Protection and Improvement of environment and safeguarding of forests and wildlife.
35
Article 51A(g): to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to
have compassion for living
36
26 july, 2002.
37
See; http://www.legalserviceindia.com/articles/evn.htm (last visited on 2.11.2016).
38
Vijay Singh Puniya v. State of Rajasthan
39
(2002) 4 SCC 356.
40
Article 39(b), 47 and 48A
41
Available at: http://www.unep.org/documents.multilingual/default.asp?documentid=97&articleid=1503(Last
visited on 2.11.2016).

8
After 1970, comprehensive environmental laws were enacted by the Central Government in
India such as Wild Life (Protection) Act, 1972 to prevent hunting and also to control trade in
wild life products, then the Water (Prevention and Control of Pollution) Act, 1974 was enacted
to prevent and control of water pollution and for the creation of Pollution Control Boards at
Central and State levels, then the Forest (Conservation) Act, 1980 and then the Air (Prevention
and Control of Pollution) Act, 1981 to provide for the prevention, control and abetment of air
pollution and for the establishment of Central and State Pollution Control Boards.

Then in the year 1986, after the Bhopal Gas Tragedy 42 a comprehensive legislation was enacted
Environment (Protection) Act, to take all necessary measures to protect and improve the
environment and to prevent hazards to human being, other living creatures, plants and property. 43
It provides mainly for pollution controls, with stringent penalties for violations. Environment
protection act is considered an umbrella legislation that that consolidated the provisions of the
Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of
Pollution) Act of 1981.44 Then in 2002, the Biological Diversity Act a major legislation was
enacted and then National Environment Policy, 2006 was enacted.

The National Environment Tribunals Act, 1995 was enacted to provide for strict liability for
damages arising out of any accidents occurring while handling any hazardous substance. The Act
provides for speedy disposal of environmental related cases through environmental tribunals.
Also, The National Environment Appellate Authority Act, 1997, was established and now we
have National Green Tribunal, 2010.45

Further various committees were also formed in order to look into the environmental problem
and thereby take step to protect it, for example, National Committee on Environmental Planning,
etc. Various projects in order to protect the animal husbandry were also initiated in consonance
with the international environmental law such as Project Tiger, the Project Elephant, etc.

IMPACT OF INTERNATIONAL ENVIRONMENTAL LAW

42
Union Carbide Corporation v. Union Of India, 1989 SCC (2) 540
43
Available at: https://www.ucar.edu/communications/gcip/m3elaw/m3html.html(Last visited on 2.11.2016).
44
Supra note 3.
45
Ibid.

9
Our Ancestors were great admirers of nature, they used to worship nature but with the passage of
time, our greed for speedy economic growth were very unkind to the nature and in the process
disturbed the balance between the man and the various components of nature which we call the
environment. Various problems like populations, urbanization, industrialization and increased
use of science and technology aggravated the situation which ultimately threatened the very
survival of mankind thereby putting heavy pressure on the whole world. Thus the effect has
caused the deterioration and degradation of natural environment making the problem a global
one.46

Therefore, to solve the environmental issue the world became united and for the first time under
the auspices of United Nations assembled at Stockholm in the year 1972 to take stock of the
situation and to plan for the future on management of human settlements for environment
quality. The United Nations after twenty years later organized another international convention,
the first ever ‘Earth Summit’ at Rio-de-Janeiro in 1992 on ‘Environment and Development’ with
an aim to develop environmental sound measures for preventing environmental degradation from
irreversible damages. The third and latest international conference on ‘Sustainable development’
as a consequential follow up of Rio Conference was held at Johannesberg in the year 2002.

The customary international law does not contain any specific rules for protection and
preservation of environment. Besides the general principles of state responsibility, international
treaties are considered to be the most significant ones for regulating liberties and duties of States.
The doctrine Sic utere tuo ut alienum non laedas is a guiding principle for preventing pollution
and environmental damage between nations. The Trail Smelter case47 is a landmark in this
regard. In the realm of international law in 1941, the Trail Smelter Arbitration between the
United States of America and Canada recognized that no state has a right to use, or permit the
use of its territory so as to cause injury by fumes in the territory of another, when clear and
convincing evidence causing serious injury is established.48

The doctrine of Sic utere tuo ut alienum non laedas underlines the principles 21 and 22 of
Stockholm Declaration on Human Environment. The doctrine was also reiterated in Corfu

46
Edith Brown Weiss, The Evolution of International Environmental Law, Jaoanese Yearbook of International Law,
Vol. 54 (2011), pp. 1-27.
47
United States v Canada, 39 Am J Int’l law 684 (1941).
48
Ibid

10
channel case49 where ICJ declared that every state has a duty “not to allow knowingly its territory
to be used for acts contrary to the rights of other sates”.

Besides this Trail Smelter Arbitration Case, the international community also adopted certain
conventions relating to the protections of birds and protection of sea/marine water which are
considered to be a part of concern for environmental protection. The first one was adopted in the
year 1950, International Convention for Protection of Birds at Paris in France to protect certain
species of birds followed by the United Nations Conference on the Law of Sea (UNCLOS). All
these were said to have led the international community to sit together to formulate policies for
the protection of the environment as well as to care for the nature.

1. STOCKHOLM CONFERENCE ON HUMAN ENVIRONMENT

The worldwide concern for environment and matters relating to environmental pollution was
raised at the first ever international conference organized mainly to protect the Mother Earth
from spoliation which was held at Stockholm in the year 1972. This conference known as the
‘Magna Carta’ of our environment which worked in a systematic manner, bearing in mind the
need of intensified action at the national, regional and international level in order to limit and
where possible, eliminate and impairment of the human environment and to protect and improve
the natural surroundings in the interest of man. The conference resulted in the ‘Stockholm
Declaration on the Human Environment.50 The Declarations, besides preamble, consists of seven
universal truths and twenty-six principles. All twenty-six principles of Declaration on the Human
Environment were endorsed by the General Assembly.51

THE ACTION PLAN FOR THE HUMAN ENVIRONMENT

The Declaration on Human Environment was also accompanied by an ‘Action Plan’ which was
intended for practical realization of the Declaration. The Action Plan was divided into three
parts- (a) framework for environmental action; (b) recommendations for action at the

49
United Kingdom v Albania, (1949) ICJ Rep 4.
50
The Stockholm Declaration of the United Nations Conference on the Human Environment was adopted on June
16, 1992. See, Report of the United Nations Conference on the Human Environment, Stockholm (1972).
51
Vide its resolution number XXVII of the 15.12.1972.

11
international level; and (c) The Action Plan.52 Broadly the Action Plan may be categorised under
the following three heads:

(i) The global environmental assessment programme or an Earth- Watch Programme;

(ii) Environment management activities; and
(iii) International measure to support the national and international actions of assessment
and management.

Besides the Declaration on the Human Environment and an Action Plan for the Human
Environment, the Stockholm Conference also contributed in having a Resolution on Institutional
and Financial Arrangements which recommended the establishment of a ‘Governing Council for
Environmental Programmes’, Environment Secretariat’ to serve as a focal point for
environmental action and co-ordination, ‘the Environmental Fund’ to provide for additional
financing for environmental programmes and an ‘Environmental Co-ordination Board’ to
provide for the maximum efficient co-ordinations of United Nations Environmental
Programmes.53

POST STOCKHOLM DEVELOPMENT

After the Stockholm Conference, it took 20 years for the United Nations to organize another
international conference to discuss on the problems of the environment and other issues relating
to environmental degradation. That period, i.e., the two decades that follow the Stockholm
Conference, was considered as the evolutionary period for the international community so far as
environmental issues are concerned. During these periods, there were preparation of committees
basing upon and taking into consideration the scientific approach to the problem and framing
certain rules and regulations involving the administration mechanism to see the actual
implementation of the consensus reached at Stockholm.

THE UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP)

On the basis of the recommendations of the Stockholm Conference, the United Nations
Environment Programme was created vice resolution 2997 (XXVII) adopted by the General

52
Available at: http://www.unesco.org/education/educprog/wche/declaration_eng.htm (Last visited on 2.11.2016).
53
Ibid.

12
Assembly of the United Nations on December 15, 1972. 54 UNEP is the designated authority of
the United Nations system in environmental issues at the global and regional level. Its mandate is
to co-ordinate the development of environmental policy consensus by keeping the global
environment under review and bringing emerging issues to the attention of governments and the
international community for action. It has played a significant role in developing international
environmental conventions, promoting environmental science and information and illustrating
the way those can work in conjunction with policy, working on the development and
implementation of policy with national governments and regional institution and working in
conjunction with environmental Non-Governmental Organisations (NGOs).55

UNEP AND CLIMATE CHANGE

UNEP also works to facilitate the transition to low-carbon societies, support climate proofing
efforts, improves understanding of climate change science, and raise public awareness about this
global challenge.56 In the year 1988 UNEP helped to establish the intergovernmental Panel on
Climate Change (IPCC) with the World Meteorological Organisation (WMO). The IPCC is the
leading body for the assessment of Climate change which provides the world a clear, balanced
view of the present state of understanding of climate change. UNEP has also supported the
negotiations of the United Nations Framework Convention on Climate Change (UNFCCC) that
was opened for signature by governments at the United Nations Conference for Environment and
Development held in the year 1992 which entered into force in 1994.57

NAIROBI DECLARATION

To celebrate the Tenth Anniversary of Stockholm Conference, the United Nations Environment
Programme convened an international conference at Nairobi in May 1982. In this conference ,
105 nations participated to take stock of the environment over the past ten years. This conference
adopted a declaration which envisaged the creation of special commission to frame long term
environmental strategies for achieving sustainable developments up to the year 2000 and beyond.
The same year also witnessed another important event when in October 1982 the United Nations

54
Available at: file:///C:/Users/500028637/Desktop/K1402364.pdf(Last visited on 2.11.2016).
55
Ibid.
56
Available at: http://www.unep.org/ (Last visited on 2.11.2016).
57
Available at: http://www.unep.org/climatechange/Introduction.aspx(last visited on 2.11.2016).

13
General Assembly adopted the ‘World Charter for Nature’ laying down certain principles
through which all human conduct affecting nature was to be guided and judged.58

THE VIENNA CONVENTION

In the year 1985, the Vienna Convention for the Protection of the Ozone Layer was held which is
said to be the first step towards international cooperation for the protection for the ozone layer. 59
The convention was followed by the international agreement in 1987 on specific measures to be
taken in the form of a treaty known as Montreal Protocol on Substances That Deplete the Ozone
Layer. Under this Protocol, the first concrete step was taken to save the ozone layer.60

Thus, Stockholm conference aroused great consciousness among the international community
encouraged it to take stock of the situation at regular intervals on the problems relating to
environment. After this successful conference, the United Nations organized another
international conference at Rio de Janeiro, the Brazilian Capital, in 1992.

THE BRUNDTLAND REPORT

The Report of the World Commission on Environment and Development 61 was pivotal in
changing the direction of international environmental law. Its central concern was the increasing
globalization of various crises and the connections between them. The report is a landmark in
respect of modern thinking about environmental problems and gives prominence to the language
of sustainable development, defined as development that meets the needs of the present without
compromising the ability of future generations to the meet their own needs.62

2. RIO CONFERENCE ON ENVIRONMENT AND DEVELOPMENT

After two decades of the Stockholm Conference, the United Nations again organized another
conference in the year 1992 which is popularly known as the Earth Summit, at the capital city of
58
Available at : http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=111 (Last visited on
2.11.2016).
59
Available at: http://ozone.unep.org/en/treaties-and-decisions/vienna-convention-protection-ozone-layer(Last
visited on 2.11.2016).
60
Ibid.
61
Our Common Future, 1987- the Brundtland Report
62
Stuart Bell & Donald MC Gillivray, Environmental Law, Oxford University Press, 2002, P.96.

14
Barzil, Rio de Janeiro with a goal of establishing a new and equitable global partnership through
the creation of new levels of co-operation among States, key sectors of societies and the people. 63
It is considered to be an important milestone in establishing important linkages between
environment and development and in defining the concept of “Sustainable development”. The
Rio Declaration set out general principles for sustainable development and the Climate change
Treaty the Convention on Biodiversity and the framework of principles on conservation and use
to forests and established important steps that needed to be taken to guarantee an
environmentally stable and sustainable planet.64

3. AGENDA 21

Agenda 21 addresses the pressing problems of today and also aims at preparing the world for the
challenges of the next century. It reflects a global consensus and political commitment at the
highest level on development and environment co-operation. Its successfully implementation is
first and foremost the responsibility of Governments, National strategies plans, policies and
processes are crucial in achieving this.65

The Stockholm Conference on Human Environment started the pace and the Rio Conference on
Environment and Development aiming at building upon the consensus reached at Stockholm
concluded with a promising note, while the Agenda 21 aims at preparing the world for the
Challenges of the 21st century.66

4. UNITED NATIONS MILLENNIUM DECLARATION

On 8th September, 2000, the United Nations General Assembly adopted the United Nations
Millennium Declaration in which concern was raised by the world body for a variety of aspects
those affect the whole world. In order to protect the values and principles, the whole body
recognized that they have got a collective responsibility to uphold the principles of human
dignity, equality and equity at the global level.67

63
Supra Note 3
64
Ibid.
65
Available at: http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=52&ArticleID=49(last
visited on 2.11.2016).
66
Available at: https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf(last visited on 2.10.2016).
67
Supra Note 46.

15
 5. THE JOHANNESBURG CONFERENCE

After 10 years of the Rio Conference another summit known as the ‘World Summit on
Sustainable Development’ was held at Johannsburg, South Africa, to reaffirm the commitment of
sustainable development as decelerated in the previous conference. After deliberations and
taking into consideration the fall out of the agreements reached at Stockholm and Rio and also
the global commitment incorporated in Agenda 21 the conference came out with a declaration
known as the Johannesburg Declaration on Sustainable Development.68

CONCLUSION

India though being the most polluted country of the world had the largest number of legislative
Acts dealing with the protection of the environment. These acts are the outlook of the
international treaties and agreements which the India is part of. The International environmental
law has evolved an integrated legal approach to environment management and has solved the
environment related conflicts at regional and global levels. But despite of these legislations, rules
and regulations, protection and preservation of environment is still a pressing issue. The
administrative and institutional framework is too feeble and ineffective to handle the challenge
of environment protection, which threats our very survival.

Recently, our Prime Minister has initiated some steps to protect the environment, six crucial eco-
friendly steps have been taken such as Swachh Bharat Abhiyan, Clean Ganga Mission, National
Air Quality Index (NAQI), Toilets Before Temples, Mount Everest Ascent, Water Conservation.
Other steps has also been taken such as online submission of application for environment and
forest clearance, regional empowered committees at ministry’s regional offices given powers to
decide on forest diversions up to 40 ha instead of 50 ha, ecological restoration technology
developed for rehabilitation of degraded ecosystem, real time monitoring of water quality on
mainstream Ganga, approval of special tiger protection force in Bor Tiger Reserve of
Maharashtra and rewilding of orphaned tiger cubs, etc. Therefore, it can be considered to be the
small and effective step to make the country pollution free. And further, from all the initiatives
which have been taken from the year 1972 till today are evident of the better future. But these

68
Ibid.

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end numbers of legislations are just not enough in itself, but what is required is the enforcement
of these legislative acts.

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