DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY,SABBAVARAM, VISAKHAPATNAM,
A.P., INDIA

PRoJECT TITLE
ENVIRONMENTAL DEGRADATION

SUBJECT
SOCIOLOGY

NAME oF THE FACULTY

DR. PROF. M. LAKSHMIPATI RAJU GARU

Name of the Candidate: H.SIMRAN

Roll Number: 18LLBo34
Semester: 1st

1
 ACKNOWLEDGEMENT:
I am highly indebted to my Hon’ble Sociology Professor, Prof. M. Lakshmipathi Raju Garu,
for giving me a wonderful opportunity to work on the topic: “ENVIRoNMENTAL
DEGRADATIoN ”, and it is because of his excellent knowledge, experience and guidance,
this project is made with great interest and effort . I would also like to thank my seniors who
have guided my novice knowledge of doing research on such significant topic. I would also
take this as an opportunity to thank my parents for their support at all times. I have no words
to express my gratitude to each and every person who have guided and suggested me while
conducting my research work.

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TABLE oF CoNTENTS

ABSTRACT -5
INTRoDUCTIoN -7
PoLLUTIoN -9
EFFECTS oF PoLUTIoN - 11
ENVIRoNMENTAL LAWS -14
RoLE oF INDIAN LAW IN PRoTECTIoN oF ENVIRNMENT -22
CoNCLUSIoN -31
BIBILIoGRAPHY -32

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 SYNOPSIS

 TITLE OF THE PROJECT: Environmental degration.

 SELECTION OF THE TOPIC: The topic was selected by me because I find these
environmental laws had playing an important role in resolving the environmental
problems within the country and the same topic was allotted to me by my faculty.
 RESEARCH PROBLEM: The research problem is to study about role of the
environmental laws in the protection of the environment.
 Weather the laws enacted by the government are effective or not?
 And In what way those laws are helping in the protection of the environment?
 There is need to improve the environmental law. It leads to development of country
in so many ways. In India environment condition, should be upheld with the
economic progress of the society which helps country not only to develop in
economical way but also in a natural way.
 REVIEW oF LITERATURE: In this project, I will refer books, articles and
research studies.
 RESEARCH DESIGN: Doctrinal research design.
 IDENTIFICATION OF VARIABLES:
 a) DEPENDENT VARIABLES: Environmental legislations and environmental
laws
 b) INDEPENDENT VARIABLES: Environment protection and balancing and
maintaining the ecology.
 TESTING THE HYPOTHESIS: The relationship between dependent variable and
independent variables is tested here.
 COLLECTION OF DATA: The researcher will collect the data from books, article
 ANALYSIS oF DATA: Includes classification and tabulation of data.
 CLASSIFICATION OF DATA: The data will be classified under various heads.
 TABULATION OF DATA: The data will be represented in Tabular form.
 INTERPERTATION OF DATA: The researcher will interpret the data in
sociological terms.
 RESEARCH FINDINGS: Research findings will be revealed from the analysis.
 CONCLUSCIONS, SUGGESTIONS AND PREPARATION OF RESEARCH
PROJECT:
All these will have drawn from analysis. Finally, research will be prepared.

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 ABSTRACT

TOPIC: ENVIRONMENTAL DEGRADATION

DESCRIPTION: Environmental degradation is the disintegration of the earth or
deterioration of the environment through consumption of assets, like, air, water and soil. The
destruction of environments and the eradication of wildlife. Air pollution, water pollution,
garbage, and pollution of the natural environment are all challenges for India. According to
World Bank experts, between 1995 through 2o1o, India has made one of the fastest
progresses in the world, in addressing its environmental issues and improving its
environmental quality. Still, India has a long way to go to reach environmental quality
similar to those enjoyed in developed economies. Pollution remains a major challenge and
opportunity for India. Environmental degradation is one of the primary causes of diseases,
health issues and long term livelihood impact for India. Environment can be defined as the
physical surrounding of man/woman of which he/she is a part and on which he/she is
dependent for his/her activities like physiological functioning, production and consumption.
His physical environment stretches from air, water and land to natural resources like energy
carriers, soil and plants, animals and ecosystems. The relationship between physical
environment and the well-being of individuals and societies is multi-fold and multi-faceted
with a qualitative as well as a quantitative aspect to it. The availability and use of natural
resources have a bearing on the outcome and the pace of development process. For an
urbanized society, a large part of environment is man-made. But, even then the artificial
environments (building, roads) and implements (clothes, automobiles) are based on an input
of both labour and natural resources. The term ‘Environment’ is commonly restricted to
ambient environment. In that view, the indoor environment 1594 Rajiv Chopra (home, work
place) is regarded as isolated piece of environment to be treated on its own terms. The indoor
environment usually is under the jurisdiction of the Public Health authorities. Health risks
are mainly linked to space heating, cooking and lighting: low grade fuels, insufficient
ventilation are often the main problems. Additionally, there may be problems connected with
moisture, light, incidence, hazardous substances from building materials, lacquers and paints.
Problems with drinking water, sewage and waste are not linked to the dwelling as such but
rather to lack of appropriate infrastructure. Statistics on indoor environment may be regarded
as a subset of statistics on human settlements and the urban environment.

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 INTRODUCTION

The word “environment” relates to surroundings. It includes virtually everything. It can be

can defined as anything which may be treated as covering the physical surroundings that are
common to all of us, including air, space, land, water, plants and wildlife. Environment is
what is around something. It can be living or non-living things.
includes physical, chemical and other natural forces. Living things live in their environment.
They constantly interact with it and change in response to conditions in their environment. In
the environment, there are interactions between animals, plants, soil, water, and other living
and non-living things.

The word 'environment' is used to talk about many things. People in different fields of
knowledge (like history, geography or biology) use the word environment differently.

Need for environmental laws

Today we are living in nuclear arena. No one can overlook the harm caused to the
environment by the nuclear bombs, dropped by airplanes belonging to the United States on
the Japanese urban communities of Hiroshima and Nagasaki amid the last phases of World
War II in 1945. Day to day innovation and advancement of technology, apart from
development additionally expands the risk to human life. Accordingly, there arises an intense
and an acute need of the law to keep pace with the need of the society along with individuals.
So now the question of environmental protection is a matter of worldwide concern, it is not
confined to any country or territory.

ENVIRONMENTAL POLLUTION
Pollution is a phenomenon that can take place through natural means. For instance, volcanic
eruptions can pollute the surrounding areas, including the atmosphere. However, a modern
pollution problem is man-made pollution, which greatly impacts the environment. Through
this contamination, organisms living in the impacted area are affected because many of their
adaptations suddenly become useless with the environment having changed too quickly.

Pollution can also refer to the flooding of artificial light, noise or heat. Light pollution occurs
when the city lights prevent seeing the night sky clearly 1. Noise pollution refers to noise that
1
Adams, Simon; David Lambert (2oo6). Earth Science: An illustrated guide to science.

6
is too loud and has the potential to be harmful. Thermal pollution happens when hot water is
thrown into a lake or river, thus changing its temperature, and endangering the lives of the
organisms living there.

Air pollutants are extremely dangerous, not just for animals but also for humans. In fact, they
are a major contributor to conditions such as lung cancer, asthma, stroke and even heart
disease. This is because air pollution leads to worse air quality, a trend that keeps becoming
stronger because of greenhouse gas emissions.
one of the greatest problems that the world is facing today is that of environmental pollution,
increasing with every passing year and causing grave and irreparable damage to the earth.
Environmental pollution consists of five basic types of pollution, namely, air, water, soil,
noise and light. The major forms of pollution are listed below along with the
particular contaminant relevant to each of them:

 Air pollution: the release of chemicals and particulates into the atmosphere.
Common gaseous pollutants include carbon dioxide, sulphur
dioxide, Chlorofluorocarbon (CFCs) and nitrogen oxide produced by industry and motor
vehicles. Photochemical ozone and smog are created as nitrogen oxides
and hydrocarbons react to sunlight. Particular matter, or fine dust is characterized by
their micrometre.
 Littering: the criminal throwing of inappropriate man-made objects, unremoved,
onto public and private properties.
 Noise pollution: which encompasses roadway noise, aircraft noise, industrial
noise as well as high-intensity sonar.
 Soil contamination occurs when chemicals are released by spill or underground
leakage. Among the most significant soil contaminants are hydrocarbons, heavy
metals, MTBE, herbicides, pesticides and chlorinated hydrocarbons.
 Radioactive contamination, resulting from 2oth century activities in atomic physics,
such as nuclear power generation and nuclear weapons research, manufacture and
deployment. (See alpha emitters and actinides in the environment.2)

2
National Toxicology Program – from USA National Institutes of Health. Reports and studies
on how pollutants affect people

 ToXNET – NIH databases and reports on toxicology

7


 Thermal pollution, is a temperature change in natural water bodies caused by human

influence, such as use of water as coolant in a power plant.
 Visual pollution, which can refer to the presence of overhead power lines,
motorway billboards, scarred landforms (as from strip mining), open storage of
trash, municipal solid waste or space debris.
 Water pollution, by the discharge of wastewater from commercial and industrial
waste (intentionally or through spills) into surface waters; discharges of untreated
domestic sewage, and chemical contaminants, such as chlorine, from treated sewage;
release of waste and contaminants into surface runoff flowing to surface waters
(including urban runoff and agricultural runoff, which may contain
chemical fertilizers and pesticides); waste disposal and leaching
into groundwater; eutrophication and littering
 Plastic pollution: involves the accumulation of plastic products in the environment
that adversely affects wildlife, wildlife habitat, or humans.
 Light pollution: This include light trespass, over illumination and astronomical
interference.

EFFECTS OF POLLUTION

Pollution is the major obstacle faced by our society, the pollution being the major obstacle
and problem had been affecting the society, these pollutions have different effects on the
individual life in all the aspects of the life, this pollution is destroying the environment.
Some of the effects that are caused due to the pollution.

EFFECTS OF AIR POLLUTION ON HUMAN LIFE

 It weakens the lungs to function well
 It causes irritation of eyes, nose, mouth and throat
 It brings on asthma attacks
 It causes respiratory symptoms such as coughing and wheezing
 It increases the chances of respiratory diseases such as bronchitis
 It reduces the energy levels
 It is the main reason of headaches and dizziness
 It causes disruption of endocrine, reproductive and immune systems

8
  It is the cause of neuro behavioural disorders
 It creates cardiovascular problems
 It may cause cancer due to presence of carcinogenic contents in it
 It causes premature death.

EFFECTS OF WATER POLLUTION ON HUMAN LIFE

Water is the main source of living in the life of an individual, without water we cannot trace
the livelihood in the universe, the Following are the main water-borne diseases due to
presence of various pollutants in it beyond the permissible limits:
Typhoid
Amoebiasis
Giardiasis
Ascariasis

Following are the biological disorders caused by beach-water pollution

▪ Rashes, ear ache, pink eye
▪ Infections in respiratory system
▪ Hepatitis, encephalitis, gastroenteritis, diarrhoea, vomiting, and stomach aches

The consumption or contact with polluted water by the hazardous chemicals causes
following diseases
▪ Cancer, including prostate cancer and non-Hodgkin’s lymphoma,
▪ Hormonal problems which may hit reproductive and developmental processes,3
▪ Harms to the nervous system
▪ Damage to the liver and kidney,
▪ Impairment to the DNA,
▪ Parkinson’s disease, multiple sclerosis, Alzheimer’s disease, heart disease in adults owing

3
Agency for Toxic Substances and Disease Registry – Top 2o pollutants, how they affect
people, what USA industries use them and the products in which they are found

 Toxicology Tutorials from the National Library of Medicine  – resources to review human
toxicology.

9
 to water pollution may lead to premature deaths.

EFFECTS OF LAND POLLUTION ON HUMAN LIFE

▪ Direct contact with the polluted soil may cause cancer including leukaemia
▪ Lead in soil is especially hazardous for young children and retards brain growth
▪ Mercury increases the risk of damage to the kidney
▪ Polluted land causes neuro muscular blockage
▪ It may depress the central nervous system of the human body
▪ It also causes headaches, nausea, fatigue, eye irritation and skin rash

EFFECTS OF NOISE POLLUTION ON HUMAN LIFE

▪ Noise beyond the permissible limits damages hearing
▪ It causes irritation in attitude
▪ It reduces the tolerance level
▪ It creates hypertension
▪ It causes undue fatigue
▪ It loosens confidence level
▪ It affects mental sharpness
▪ It weakens decision power

EFFECTS oF AIR PoLLUTIoN oN ANIMAL LIFE

▪ Formation of the acid rain in the air damages fish life in lakes and streams
▪ Rays from ozone layer with excessive ultraviolet radiation coming from the sun may cause
skin cancer in animals
▪ Rays from ozone in the lower atmosphere may destroy lung tissues of the animals

EFFECTS OF WATER POLLUTION ON ANIMAL LIFE

▪ Pollution nutrients cause excessive growth of toxic algae leading to the outbreak of
diseases in fish
▪ Chemically contaminated water suppresses frog and tadpole biodiversity
▪ oil pollution damages the growth of sea birds
▪ Polluted water retards the reproductive efficiency of animals

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▪ Persistent organic pollutants contain the growth of fish and wipe out their breed
▪ Excessive quantity of sodium chloride in water may kill animals

EFFECTS OF LAND POLLUTION ON ANIMAL LIFE

▪ Polluted soil may affect metabolism of microorganisms and arthropods which may contain
the primary food chain putting negative impact on predator species
▪ Insects may eat polluted soil which hits their biodiversity

EFFECTS OF NOISE POLLUTION ON ANIMAL LIFE

▪ Like human beings, animals are also vulnerable to excessive noise and their nervous
system may weaken

▪ Effects of noise on their nerves may make them quite unpredictable and they become so
dangerous
▪ Animals loosen the grip over their mind because of noise beyond tolerable limits

EFFECTS OF AIR POLLUTION ON TREES AND PLANTS

▪ Acid rains because of air pollution damages the trees and plants
▪ Ultraviolet radiation from the sun owing to the hole in ozone layer directly impacts the
trees and plants and deprives them of their natural features

EFFECTS OF WATER POLLUTION ON TREES AND PLANTS

▪ It causes disruption in photosynthesis in aquatic plants with eventual negative impact on
ecosystem4
▪ Contaminated water destroys flora and fauna in the water
▪ Excessive sodium chloride in water affects the growth of the plants in the water

EFFECTS OF SOIL POLLUTION ON TREES AND PLANTS

▪ It reduces the crop yields owing to alteration in metabolism of plants

4
ToXNET – NIH databases and reports on toxicology

 ToXMAP – Geographic Information System (GIS) that uses maps of the United States to
help users visually explore data from the United States Environmental Protection
Agency (EPA) Toxics Release Inventory and Superfund Basic Research Programs

11
▪ Trees and plants may intake oil contaminants and transfer them into food produce
▪ PHYSICAL EFFECTS OF POLLUTION

EFFECTS OF POLLUTION ON ECOSYSTEM

▪ It weakens the ecosystem
▪ It shrinks the biodiversity
▪ It retards the growth of life

EFFECTS OF POLLUTION ON ENVIRONMENT

▪ It impairs the natural beauty
▪ It deprives the environment of its natural features
▪ It depletes the natural resources causing shortages

EFFECTS OF POLLUTION ON INFRASTRUCTURE

▪ It weakens the soundness of the infrastructure because of its gradual negative impacts.
▪ It causes slippage, rusting and various persistent depletion in the formation of
infrastructure.

EFFECTS OF POLLUTION ON DEVELOPMENT

▪ It slows the process of development.
▪ It impedes the development cycle because of its negative impacts on each uplift activity.
▪ It makes the process of development so difficult because of its hurdles at every stage.

Evolution of Environmental law in India

The evolution of environment Law in India can be divided into three phases. The first phase
can be dated back to pre-Vedic age, when the Manusmriti is supposed to be created. The
society at that time respected and even prayed the environment, as the components of
environment, like animals, trees had considerable importance in our ancient texts. Examples
of this are, the concept of Panchvati and the fact that Manusmriti punishes for causing injury
to plants. Kautilya, described penal actions against a person hurting a tree on the basis of the
sanctity adorned to the tree.

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The nature of the duty of individual to protect the environment was not only to punish the
culprit but also to balance the eco system.
The concept of Sustainable Development as defined by the Brundtland Commission was the
essence of duty imposed upon an individual to protect the environment by the ancient
manuscripts in India. These manuscripts had the force of law, so these can be said to be the
first phase of Environment Legislation in India.
Most of the laws were codified by the British in the second half of the 19th century. Similarly,
many environment protection oriented legislation like-
The Shore Nuisance Act, 1853,
Indian Forests Act, 1865, Wild Birds
Animals Protection Act, 1912
Explosive Substance Act,19o8,
The Poison Act, 1919.
The objective of these laws was to protect the environment by preventing discharge of
polluting substances, by limiting or banning their discharge, and the objective was also to
prevent hunting, poaching and tree felling.

 In the Constitution of India, all natural resources except forests were given to states for
management and forests were kept in the concurrent list. Many legislations like Water
(Prevention and Control of Pollution Act), 1974, Environment Protection Act, 1986, Air
(Prevention and Control of Pollution Act), 1981 5. The Article 48 and 51, Directive Principles
of State Policy and Fundamental Duties of every citizen of India, envisage to rotect the
environment. These are some laws by which the Parliament began its legislations on
Environment.

The third phase of environment legislations began in India, when the Supreme Court over
ruled the principle of Strict Liability (Rylands v Fletcher) and formulated the principle of
Strict Liability in the case of MC Mehta v Union of India in 1987, which says that for every
non natural use of land, by bringing a hazardous thing on that land, and if that escapes even

5
ToXNET – NIH databases and reports on toxicology

 ToXMAP – Geographic Information System (GIS) that uses maps of the United States to
help users visually explore data from the United States Environmental Protection
Agency (EPA) Toxics Release Inventory and Superfund Basic Research Programs

13
without fault of defendant, the defendant is absolutely liable for its escape and defences are
very less. During this phase, the concept of filing a public interest litigation for environment
related causes, where anyone could approach the courts to stop an activity causing
environmental degradation. Also, there are parameters like Environment Impact Assessment,
Environment Management Plan which every industry have to make and follow.

ENVIRONMENTAL LEGISLATIONS
The key environmental legislations pertaining to the proposed operations include the
different statutes / legislations enacted in India exclusively for environment protection
are
 The Water (Prevention and Control of Pollution) Act, 1974
 The Water (Prevention and Control of Pollution) Rules, 1975
 The Water (Prevention and Control of Pollution) Cess Act, 1977
 The Water (Prevention and Control of Pollution) Cess Rules, 1978
 The Air (Prevention and Control of Pollution) Act, 1981
 The Air (Prevention and Control of Pollution) Rules, 1982
 The Environment (Protection) Act, 1986
 The Environment (Protection) Rules, 1986
 Hazardous Wastes (Management and Handling) Rules, 1989
 Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
 The Forest (Conservation) Act, 198o
 The Forest (Conservation) Rules, 1981
 The Wildlife Protection Act, 19726
 The Wildlife (Transactions and Taxidermy) Rules, 1973
 The Wildlife (Stock Declaration) Central Rules, 1973
 The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules,
1983
 The Wildlife (Protection) Rules, 1995

Lexadin global law database

 Upholding Environmental Laws in Asia and the Pacific

14
  The Wildlife (Specified Plants - Conditions for Possession by Licensee) Rules, 1995
 The Public Liability Insurance Act, 1991
 The Public Liability Insurance Rules, 1991
 The National Environment Tribunal Act, 1995
 The National Environment Appellate Authority Act, 1997

These key instruments and all subsequent and relevant amendments to them are discussed in
further details as below: -

Environment Protection Act, 1986

Environment Protection Act, 1986 is an Act of the Parliament of India. In the wake of
the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of
1986 under Article 253 of the Constitution. Passed in March 1986, it came into force on 19
November 1986. The purpose of the Act is to implement the decisions of the United Nations
Conference on the Human Environments they relate to the protection and improvement of
the human environment and the prevention of hazards to human beings, other living
creatures, plants and property.
The Act is an “umbrella” legislation designed to provide a framework for central government
coordination of the activities of various central and state authorities established under
previous laws, such as the Water Act and the Air Act.
The Act came into force on Nov. 19, 1986, the birth anniversary of our Late Prime Minister
Indira Gandhi, who was a pioneer of environmental protection issues in our country. The Act
extends to whole of India.

Some terms related to environment have been described as follows in the Act:
(i) Environment includes water, air and land and the inter-relationships that exist among and
between them and human beings, all other living organisms and property.
(ii) Environmental pollution means the presence of any solid, liquid or gaseous substance
present in such concentration, as may be, or tend to be, injurious to environment.
(iii) Hazardous substance means any substance or preparation, which by its physio-chemical
properties or handling is liable to cause harm to human beings, other living organisms,
property or environment.

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The Act has given powers to the Central Government to take measures to protect and
improve environment while the state government coordinates the actions. The most
important functions of Central Government, under this Act include setting up of:

(a) The standards of quality of air, water or soil for various areas and purpose.

(b) pollutants (including noise) for different areas.

(c) The procedures and safeguards for the handling of hazardous substances in different
areas.

(d) The prohibition and restriction on the location of industries and to carry on process and
operations in different areas.

(e) The procedures and safeguards for the prevention of accidents which may cause
environmental pollution and provide remedial measures for such accidents

The power of entry and inspection, power to take sample etc. under the act lies with the
Central Government or any officer empowered by it7.

For the purpose of protecting and improving the quality of the environment and preventing
and abating pollution, standards have been specified under Schedule- I-VI of Environment
(Protection) Rules, 1986 for emission of gaseous pollutants and discharge of effluents/waste
water from industries.

These standards vary from industry to industry and also vary with the medium into which the
effluent is discharged or the area of emission, for instance, the maximum permissible limits
of B.o.D. (Biochemical oxygen Demand) of the waste water is 3o ppm if it is discharged into
inland waters, 35o ppm if discharged into’ a public and 1oo ppm, if discharged on to land or
coastal region. Likewise, emission standards vary in residential, sensitive and industrial area.

Lexadin global law database

 Upholding Environmental Laws in Asia and the Pacific

16
Under the Environmental (Protection) Rules 1986 the State Pollution Boards have to follow
the guidelines provided under Schedule VI, some of which are as follows:

(a) The have to advise the Industries for treating the waste water and gases with the best
available technology to achieve the prescribed standards.

(b) The industries have to be encouraged for recycling and reusing the wastes.

(c) They have to encourage the industries for recovery of biogas, energy and reusable
materials.

(d) While permitting the discharge of effluents and emissions into the environment, the State
Boards have to take into account the assimilative capacity of the water body.

(e) The Central and State Boards have to emphasize on the implementation of clean
technologies by the industries in order to increase fuel efficiency and reduce the generation
of environmental pollutants.

Under the Environment (Protection) Rules, 1986 the Central Government also made
Hazardous Wastes (Management and handling) Rules 19898. Under these rules it is the
responsibilities of the occupier that such wastes are properly handled and disposed off
without any adverse effects9.

8
Wildlife Interest Group, American Society of International Law

 EarthRights International

 Interamerican Association for Environmental Defense

9
Wildlife Interest Group, American Society of International Law

 EarthRights International

 Interamerican Association for Environmental Defense

17
There are 18 Hazardous Waste categories recognized under this rule and there are guidelines
for their proper handling, storage, treatment, transport and disposal which should be strictly
followed by the owner.

The Environment (Protection) Act, 1986 has also made provision for environmental Audit as
a means of checking whether or not a company is complying with the environmental laws
and regulations.

TheForest (Conservation) Act, 198o

Specified activities in forest areas are controlled under the Forest (Conservation) Act 198o
and clearances are required for such activities. The diversion of forestland for non-forestry
purposes is not encouraged and clearances for such activities are difficult to obtain. Seismic
surveys, are however, exempted from the provisions of the Forest Act providing these
activities are restricted to clearing of undergrowth and lopping of tree branches and do not
involve the felling of trees.

The Water (Prevention and Control of Pollution) Act, 1974

This Act introduced the State Pollution Control Boards to grant Consent for Establishment
(CFE) and Consent for operation (CFo) to the industries. The investor intending to set up an
industry is required to apply to the SPCB to obtain a CFE followed by CFo. While granting
the consent, SPCB can stipulate conditions pertaining to the effluents arising from the
process. The consent to operate is granted for a specific period (usually one year) after which
conditions attached are reviewed by the SPCB before renewal.

The Air (Prevention and Control of Pollution) Act, 1981

This Act is very similar in scope to the Water Act, 1974. The Act stipulates the establishment
of State Boards for the Prevention and Control of Air Pollution. In States where a water
pollution board had already been established under the earlier Water Act, the two boards
were combined to form SPCBs. The establishment or operation of any industry cannot be

18
undertaken without the prior consent of the SPCB. A decision on any application for consent
must be made by the SPCB within four months of receipt of the application.

Wildlife Protection Act, 1972 

The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for

protection of plants and animal species. Before 1972, India only had five designated national
parks. Among other reforms, the Act established schedules of protected plant and animal
species; hunting or harvesting these species was largely outlawed.

The Act provides for the protection of wild animals, birds and plants; and for matters
connected therewith or ancillary or incidental thereto. It extends to the whole of India, except
the State of Jammu and Kashmir which has its own wildlife act. It has six schedules which
give varying degrees of protection. 

 Schedule I and part II of Schedule II provide absolute protection - offences under

these are prescribed the highest penalties.

 Species listed in Schedule III and Schedule IV are also protected, but the penalties are
much lower. 

 Schedule V includes the animals which may be hunted10.

 The plants in Schedule VI are prohibited from cultivation and planting. The hunting
to the Enforcement authorities have the power to compound offences under this
Schedule (i.e. they impose fines on the offenders). Up to April 2o1o there have been
16 convictions under this act relating to the death of tigers.

NATIONAL GREEN TRIBUNAL ACT, 2o1o

National Green Tribunal Act, 2o1o (NGT) is an Act of the Parliament of India which

enables creation of a special tribunal to handle the expeditious disposal of the cases
pertaining to environmental issues. It draws inspiration from the India's constitutional

10
Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law

19
provision of Article 21, which assures the citizens of India the right to a healthy
environment.
"An Act to provide for the establishment of a National Green Tribunal for the effective and
expeditious disposal of cases relating to environmental protection and conservation of forests
and other natural resources including enforcement of any legal right relating to environment
and giving relief and compensation for damages to persons and property and for matters
connected therewith or incidental thereto".

INDIAN FoREST ACT, 1927

The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented
under the British. The most famous one was the Indian Forest Act of 1878. Both the 1878 act
and the 1927 one sought to consolidate and reserve the areas having forest cover, or
significant wildlife, to regulate movement and transit of forest produce, and duty leviable
on timber and other forest produce. It also defines the procedure to be followed for declaring
an area to be a Reserved Forest, a Protected Forest or a Village Forest. It defines what is a
forest offence, what are the acts prohibited inside a Reserved Forest, and penalties leviable
on violation of the provisions of the Act.

WASTE MANAGEMENT LAWS

Waste management laws also comes under the elements of the environmental laws, these
waste management laws help in protection of the environment, all these types of laws are
enacted in a way that to protect our environmental heritage and other our prosperity11.
It governs the transport, treatment, storage, and disposal of all manner of waste,
including municipal solid waste, hazardous waste, and nuclear waste, among many other
types12. Waste laws are generally designed to minimize or eliminate the uncontrolled

11
Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law

12
Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law

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dispersal of waste materials into the environment in a manner that may cause ecological or
biological harm, and include laws designed to reduce the generation of waste and promote or
mandate waste recycling. Regulatory efforts include identifying and categorizing waste types
and mandating transport, treatment, storage, and disposal practices.

Waste determination

Waste determination is the process by which a particular material is classified as a "waste"

subject to regulation.  Determination of whether a material constitutes a particular waste type
may govern the manner in which the material must be handled from that point forward. For
example, in the United States, non-hazardous municipal solid waste may be sent to a landfill,
[3]
 while used motor oil is deemed hazardous and cannot be dumped in landfills, but rather is
subject to more stringent handling, storage, treatment, and disposal requirements.[4]

Many other wastes may have their own individual definitions and unique handling
requirements. In each case a "waste stream" may be identified - waste is generated when a
previously useful item is discarded or abandoned, and then may flow through various defined
treatment, recycling, and storage areas before arriving at a final designated disposal site.

Role of Indian Judiciary in Protection of Environment in India

In recent years, there has been a sustained focus on the role played by the higher judiciary in
devising and monitoring the implementation of measures for pollution control, conservation
of forests and wildlife protection. Many of these judicial interventions have been triggered
by the persistent incoherence in policy-making as well as the lack of capacity-building
amongst the executive agencies.
Devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle
environmental problems,the main objective behind this study is to identify the present
scenario and analyse the nature and extent of developments till date in various environmental
statuses through statutes, law, conventions and various other issues regarding the court
decisions and judicial processes.
Environment is the wellspring of life on earth like water, air, soil, etc., and determines the
presence, development and improvement of humanity and all its activities. The concept of
ecological protection and preservation is not new.

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At the same time, new innovations like, thermal power, atomic plant and so on without any
sufficient natural assurance pose another danger to the situations, the aftereffect of which the
aftereffect of which results in issues like global warming, climate change, acid rain, etc.

In recent years, there has been a sustained focus on the role played by the higher judiciary in
devising and monitoring the implementation of measures for pollution control, conservation
of forests and wildlife protection. Many of these judicial interventions have been triggered
by the persistent incoherence in policy-making as well as the lack of capacity-building
amongst the executive agencies. Devices such as Public Interest Litigation (PIL) have been
prominently relied upon to tackle environmental problems.

Judicial remedies for environment pollution

The remedies available in India for environmental protection comprise of tortuous as well as
statutory law remedies. The tortuous remedies available are trespass, nuisance, strict liability
and negligence. The statutory remedies incorporate: Citizen’s suit, e.g.,

 an activity brought under Section 19 of the Environmental (Protection) Act, 1986,

 an activity under area 133, Criminal Procedure Code, 1973.and
 and activity brought under the Section 268 for open irritation, under Indian Penal
Code,186o

Apart from this, a writ petition can be filed under Article 32 in the Supreme Court of India or
under Article 226 in the High Court.13

Some remarkable principles and doctrines propounded by the Indian judiciary, they
are being discussed below:14

13
Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law

14
Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law, indiankannon.com

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1. Doctrine of Absolute Liability

THE BHoPAL CASE: Union Carbide Corporation v. Union of India

The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak incident in
India, considered the world's worst industrial disaster.

It occurred on the night of 2–3 December 1984 at the Union Carbide India

Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh. over 5oo,ooo people were
exposed to methyl isocyanate (MIC) gas and other chemicals. The highly toxic substance
made its way into and around the shanty towns located near the plant.

Estimates vary on the death toll. The official immediate death toll was 2,259.
The government of Madhya Pradesh confirmed a total of 3,787 deaths related to the gas
release. A government affidavit in 2oo6 stated that the leak caused 558,125 injuries,
including 38,478 temporary partial injuries and approximately 3,9oo severely and
permanently disabling injuries. others estimate that 8,ooo died within two weeks, and another
8,ooo or more have since died from gas-related diseases.

In this case, the court held that, where an enterprise is occupied with an inherently dangerous
or a hazardous activity and harm results to anybody by virtue of a mishap in the operation of
such dangerous or naturally unsafe movement coming about, for instance, in getaway of
poisonous gas, the enterprise is strictly and completely obligated to repay every one of the
individuals who are influenced by the accident and such risk is not subject to any
exemptions. Accordingly, Supreme Court created another trend of Absolute Liability without
any exemption.

2. Polluter Pays Principles 

“If anyone intentionally spoils the water of another … let him not only pay damages, but

purify the stream or cistern which contains the water”

Polluter Pays Principle has become a very popular concept lately. ‘If you make a mess, it’s
your duty to clean it up ‘- this is the fundamental basis of this slogan. It should be mentioned
that in environment law, the ‘polluter pays principle’ does not allude to “fault.” Instead, it
supports a remedial methodology which is concerned with repairing natural harm. It’s a rule

23
in international environmental law where the polluting party pays for the harm or damage
done to the natural environment.

Vellore Citizen’s Welfare Forum v. Union of India

This petition - public interest - under Article 32 of the Constitution of India has been filed by
Vellore Citizens Welfare Forum and is directed against the pollution which is being caused
by enormous discharge of untreated effluent by the tanneries and other industries in the State
of Tamil Nadu. It is stated that the tanneries are discharging untreated effluent into
agricultural fields to, Road-Sides, Water ways and open lands.

The untreated effluent is finally discharged in river Palar which is the main source of water
supply to the residents of the area. According to the petitioner the entire surface and sub-soil
water of river Palar has been polluted resulting in non-availability Potable water to the
residents of the area. It is stated that the tanneries in the State of Tamil Nadu have caused
environmental degradation in the area. According to the preliminary survey made by the
Tamil Nadu Agricultural University Research Centre Vellore nearly 35,ooo hectares of
agricultural land in the Tanneries Belt, has become either partially or totally unfit for
cultivation. It has been further stated in the petition that the tanneries use about 17o types of
chemicals in the chrome tanning processes. The said chemicals include sodium chloride,
lime, sodium sulphate, chlorium sulphate, fat liquor Ammonia and sulphuric acid besides
dyes which are used in large quantities.
Nearly 35 litres of water are used for processing one kilogram of finished leather, resulting in
dangerously enormous quantities of toxic effluents being let out in the open by the tanning
industry15.
These effluents have spoiled the physic-chemical properties of the soil, and have
contaminated ground water by percolation. According to the petitioner an independent
survey conducted by Peace Members,

15
Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law

24
 a nongovernmental organisation, covering 13 villages of Dindigal and Peddiar Chatram
Anchayat Unions, reveals that 35o wells out of total of 467 used for drinking and irrigation
purposes have been polluted. Women and children have to walk miles to get drinking water
The Supreme Court has declared that the polluter pays principle is an essential feature of the
sustainable development.

3. Precautionary Principle

The Supreme Court of India, in Vellore Citizens Forum Case, developed the following three
concepts for the precautionary principle:

 Environmental measures must anticipate, prevent and attack the causes of

environmental degradation

 Lack of scientific certainty should not be used as a reason for postponing measures

 onus of proof is on the actor to show that his action is benign

 4.  Public Trust Doctrine

The Public Trust Doctrine primarily rests on the principle that certain resources like air,
water, sea and the forests have such a great importance to people as a whole that it would be
wholly unjustified to make them a subject of private ownership.

M.C. Mehta v. Kamal Nath and others

The Indian Express published an article reporting that Span Motels Private Limited, which

owns Span Resorts, had floated another ambitious venture, Span Club. The family of Indian
politician KamalNath has direct links with this company. The club was built after
encroaching upon 27.12 bighas of land, including substantial forestland, in 199o. The land
was later regularised and leased out to the company on April 11, 199416.

16
Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law, Indian kanoon.com

25
The regularisation was done when Nath was Minister of Environment and Forests. This
encroachment led to the swelling of the Beas River, and the swollen river changed its course
and engulfed the Span Club and the adjoining lawns, washing it away. For almost five
months now, the Span Resorts management has been moving bulldozers and earth movers to
turn the course of the Beas for a second time.

A worrying thought was that of the river eating into the mountains, leading to landslides
which were an occasional occurrence in that area. In September, these caused floods in the
Beas and property estimated to be worth Rs. 1o5 croreswere destroyed.

The Government of India, Ministry of Environment and Forests by the letter dated
24.11.1993, addressed to the Secretary, Forest, Government of Himachal Pradesh, Shimla
conveyed its prior approval in terms of Section 2 of the Forest (Conservation) Act, 198o for
leasing to the Motel 27 bighas and 12 Biswas of forest land adjoining to the land already on
lease with the Motel. An expert committee formed to assess the situation of the area arrived
at the following conclusion,

The river is presently in a highly unstable regime after the extraordinary floods of 1995, and
it is difficult to predict its behaviour if another high flood occurs in the near future. A long-
term planning for flood control in the Kullu Valley needs to be taken up immediately with
the advice of an organisation having expertise in the field, and permanent measures shall be
taken to protect the area so that recurrence of such a heavy flood is mitigated permanently.

The public trust doctrine, as discussed by court in this judgment is a part of the law of the
land.

5. Doctrine of Sustainable Development

The World commission on Environment and Development (WCED) in its report prominently
known as the ‘Brundtland Report’ named after the Chairman of the Commission Ms.
GH Brundtland highlights the concept of sustainable development. As per Brundtland
Report, Sustainable development signifies” development that meets the needs of the present
without compromising the ability of the future generations to meet their own needs”. There is
a need for the courts to strike a balance between development and environment.

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Rural Litigation and Entitlement Kendra  v. State of UP

The court for the first time dealt with the issue relating to the environment and development;
and held that, it is always to be remembered that these are the permanent assets of mankind
and or not intended to be exhausted in one generation.

Vellore Citizen’s Welfare Forum

In this case, the Supreme Court observed that sustainable development has come to be
accepted as a viable concept to eradicate poverty and improve the quality of human life while
living within the carrying capacity of the supporting eco- system.

The Constitutional aspects on environmental law

The Indian Constitution is amongst the few in the world that contains specific provisions on
environment protection. The chapter’s directive principles of state policy and the
fundamental duties are explicitly enunciated the nation commitment to protect and improve
the environment. It was the first time when responsibility of protection of the environment
imposed upon the states through Constitution (Forty Second Amendment) Act, 1976.

Article 48-Athe provision reads as follows:

“The State shall endeavour to protect and improve the environment and to safeguard the
forest and wildlife of the country. “The Amendment also inserted Part VI-A (Fundamental
duty) in the Constitution, which reads as follows:

Article 51-A (g)” It shall be duty of every citizen of India to protect and improve the natural
environment including forests, lakes, and wildlife and to have compassion for living
creature.”17

In Sachidanand Pandey  v. State of West Bengal

17
Environmental Law Alliance E-LAW)

 Centre for Environmental Law

27
The Supreme Court observed “whenever a problem of ecology is brought before the court,
the court is bound to bear in mind Article 48.

6. Public Liability Insurance

The growth of the hazardous industries, processes and operations in India has been
accompanied by the growing risks of accidents, not only to the workmen employed in such
undertakings, but also to the innocent members of the public who may be in the vicinity.
Such accidents lead to death and injury to human beings and other living beings and damage
private and public properties. Very often, the majority of the people affected is from
economically weaker sections and suffer great hardships because of delayed relief and
compensation. While workers and employees of hazardous installations are protected under
separate laws, members of the public are not assured of any relief except through long legal
processes. Industrial units seldom have the willingness to readily compensate the victims of
accidents. It is, therefore, essential to provide for mandatory public liability for installations
and handling of hazardous substances to provide minimum relief to the victims. Such
insurance, apart from safeguarding the interests of the victims of accidents, would also
provide cover and enable the industry to discharge its liability to settle large claims arising
out of major accidents. If the objectives of providing minimum relief are to be achieved, the
mandatory public liability insurance should be based on the principle of ‘no-fault’ liability
(absolute liability) as it is limited to grant of relief on a limited scale. However, the
availability of immediate relief should not prevent the victims to go to courts for claiming
larger compensation.
In Narmada Bachao Andolan v. Union of India, precautionary principle came to be
considered by the majority of judges. The Court also took the view that the doctrine is to be
employed only in cases of pollution when its impact is uncertain and non-negligible.

In M.C. Mehta v. Union of India, the Supreme Court once again followed the path of
sustainable development and directed that the industries operating in Taj Trapezium Zone
using a coke/coal as industrial fuel must stop functioning and they could relocate to the
alternate site provided under the Agra Master Plan18. It further stated that not even 1%

18
Environmental Law Alliance, Indiankanoon.com

 Centre for International Environmental Law

Indian kanoon.com

28
chance could be taken when human life a part, the preservation of a prestigious monument
like the Taj was involved.

In Shobha Rama Subramanayyam v. The Member Secretary, Chennai Metropolitan

Authority, The Court stated that the construction builders have a duty to use modes for
digging foundation for multistore buildings, so that it does not cause noise pollution in the
neighbouring areas.

In S. Jagannath v. Union of India, the Supreme Court held that sea beaches and sea coasts
are gifts of nature and any activity polluting the same cannot be permitted. The intensified
shrimp (prawn) farming culture industry by modern method in coastal areas was causing
degradation of mangrove ecosystem, depletion of plantation discharge of highly polluting
effluents and pollution of potable as well as ground water.

CoNCLUSIoN

Environmental laws in India are being started amended from the period where India was
under the control of the British rule, those laws some may be effective and some laws may
not be effective, all the laws enacted and amended mainly for the protection of the
environment and balancing the ecology, the Britishers also enacted some of the laws which
were relating to the protection and development of the environment.

The people, government officials, private traders often engage in the trade practises which
are completely in the exploitative in the nature, this generally lead to current usage of the
environment and it will be non-useful to the our future generations, recent studies revealed
that the productivity in the agricultural land had been decreased nearly to the 33 percent from
the last two decades where the continuous exploitative trade and usage generally lead to the
reducing the agricultural productivity completely and the future generations cannot know
about the land and they should survive by consuming the drugs and tablets for their
livelihood,

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Though the laws on the environment are been enacting form the later 19 th centuries no laws
are increasing the productivity of the agriculture and no legislations are controlling the
increasing pollution and increasing deployment of the environment, we can have a glance
upon the past generations the people in the past generations are used to live nearly up to the
1oo to 11o years, now the maximum life spam of the people had been completely decreased
and people are living only up to the 7o years of age, so this clearly shows the decrease of the
life spam should be mainly caused due to the effect of the different kinds of the exploitation
and different types of the pollutions of the natural resources, this pollutions controlling
agencies and policies had been implemented by the government from the time to time, no
people are serious about the deployment of the environment,

The government has to implement strict and fine policies in order to protect the environment
and those policies should achieve some progress of achieving its main motive, this is not
only by the government but the change has to occur in the minds of the people and they have
move on that way by protecting the environment and balancing the ecology. The role of the
Indian laws still has to improve in a way that to achieve progress in protecting environment.

BIBILIoGRAPHY

 Environmental Law Alliance Worldwide(E-LAW)

 Centre for International Environmental Law
 United Nations Environment Programme
 ECoLEX (Gateway to Environmental Law)
 Environmental Law Alliance Worldwide(E-LAW)
 Centre for International Environmental Law
 Wildlife Interest Group, American Society of International Law
 EarthRights International
 Interamerican Association for Environmental Defense
 oldroyd, David (2oo6). Earth Cycles: A historical perspective. Westport, Connicticut:
Greenwood Press.  ISBN  o-313-33229-o.
 Simison, W. Brian (2oo7-o2-o5).  "The mechanism behind plate tectonics

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