Environment Law

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ENVIRONMENT LAW - LLB III YEAR
Q1. Define Environment and other terms associated with environment.

What are types of environment?
Q2. Define Pollution. Discuss various factors responsible for
environmental pollution. Also classify pollution with short explanations for
each.
Answers.
Environment: The term environment connotes surroundings. It comes
from the French word Environner which means to surround. Dictionary
meaning is two fold:-
 External conditions or surroundings esp those in which people live
work
 In ecological sense it is external surroundings in which plants animals
live, and which tends to influence its development and behavious
According to Goudie… Environment is the representative of physical

components of the earth where man is an important factor influencing it.
CC Park defines it as sum total of all conditions or ecosystem which

surround man at any given point in time-space.
Ecology: Derived from Greek Oikos and Logos. Oikos refers to “household”
or place to live or habitation. Logos refers to study. Therefore Ecology refers
to study of Eco-system, ie to determine how livings things are organized,
how they interact with each other and with the organic and inorganic
environment; and how the whole system functions. It is the study of
organisms in relation to their environment. (Warming a Danish Botanist in
1895).
Ecosystem: An assemblage of species of plants and animals inhabiting a

common area and having effects on one another is known as a “biotic
community”. A combination of such biotic community with the physical
environment is called ecosystem. In other words ecosystem is the situation
of interdependence. The biotic community combined with the physical
environment is called as ecosystem. The entire system though tends to
maintain stability, it is dynamic in the sense that ecosystem does not
remain ever constant, it keeps changing from one form to another with even
a small change in one part of the ecosystem impacting the entire system.
In SHORT: Assemblage of species of living things is Biotic Community – A

combination of which is Ecosystem – the study of which is Ecology. Sum
total of all conditions or Ecosystem that surround man at any time-space is
Environment.
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Biosphere: Coined in 1875 by eminent geologist Edurd Suess, the concept

of Biosphere has geological origins. Biosphere is that part of the earth and
atmosphere that is inhabited by living beings.
Bio-Diversity: Biodiversity is all the different kinds of life you'll find in

one area—the variety of animals, plants, fungi, and even microorganisms
like bacteria that make up our natural world. Each of these species and
organisms work together in ecosystems, like an intricate web, to maintain
balance and support life
Eco-Marks: Eco-mark is a certification mark issued by the Bureau of

Indian Standards (BIS) for products which are ecologically safe and adheres
to the standards prescribed by the BIS. It was first issued in 1991 by a
resolution. It is issued by the Ministry of Environment and Forests. A
product having ECO MARK Logo is considered to be more efficient as
compared to other products as the Mark indicates that the product is
according to the Indian standards. The ECO Mark also helps in spreading
awareness about the importance of environment protection in the country.
Ozone Depletion: This is the thinning of Earth's ozone layer in the upper
atmosphere caused by the release of chemical compounds containing
gaseous chlorine or bromine from industry and other human activities. The
thinning is most pronounced in the polar regions, especially over Antarctica.
In 1985, countries adopted the Vienna Convention for the Protection of the
Ozone Layer. Two years later, they adopted the Montreal Protocol on
Substances that Deplete the Ozone Layer. This protocol has its own
financial mechanism, the Multilateral Fund, which helps developing
countries comply with the protocol.
Bio-Medical Waste: Any waste, which is generated during the diagnosis,

treatment or immunization of human beings or animals or research
activities pertaining thereto. Types of BMW are as follows:
 Human anatomical waste like tissues, organs and body parts

 Animal wastes generated during research from veterinary hospitals
 Microbiology and biotechnology wastes
 Waste sharps like hypodermic needles, syringes, scalpels and broken
glass
 Discarded medicines and cytotoxic drugs
 Soiled waste such as dressing, bandages, plaster casts, material
contaminated with blood, tubes and catheters
 Liquid waste from any of the infected areas
 Incineration ash and other chemical wastes
The biomedical waste (BMW) management requires its categorisation as a

first step and then their methodical disposal.
Sustainable Development: Sustainable development was defined in the

1987 Brundtland Report as "Development that meets the needs of the
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present generation without compromising the ability of future generations to

meet
their own needs". Six principles of sustainable development are:
 Circular economy. Thorn aims to improve resource efficiency through

better waste management
 Energy savings
 Sustainable material choices
 Environmental product declaration (EPD)
 Constant research and innovation
 Corporate social responsibility
Global Warming: Global warming is a gradual increase in the earth's

temperature generally due to the greenhouse effect caused by increased
levels of carbon dioxide, CFCs, and other pollutants
Hazardous Substances: These are substances which are liable to cause

harm to living beings, by virtue of its physical chemical properties. They
can be dangerous and harmful for the existence of human life. Section 8 of
the Environment Protection Act 1986 provides that “No person shall handle
or cause to be handled any hazardous substance except in accordance with
such procedure and complying with safe guards as may be prescribed.
TYPES OF ENVIRONMENT:
 Natural environment: Environment that comes into existence
without intervention of human agency. It operates through a self
regulating mechanism and hence it is called homeostatic environment
mechanism. Any change in ecosystem due to natural process of
evolution is counter balanced in the other components in the
environment.
 Manmade environment: Environment which is modified or created in
accordance with needs of mankind in relation to developmental
activities, use of resources, indulgence, is referred to as manmade
environment or Anthropogenic Environment
POLLUTION: Derived from Latin Polutus. It denotes the presence of wrong

matter in wrong quantities and at wrong place. It is a process by which a
natural resource is made unfit for beneficial use, owing to some physical
chemical or biological factors.
Royal Commission on Environmental Pollution in UK, in its third report gave

the definition, “The introduction by man into the environment of substances
or energy liable to cause hazards to human health, harm to other living
beings and damage to the ecological system as a whole, including damage to
structures and amenities; and interference with legitimate uses of
environment”.
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The American environmental jurisprudence offers another definition of

pollution as “Contamination of the atmosphere or water or soil or air, which
causes injury to individual rights.
FACTORS THAT CAUSE ENVIRONMENTAL POLLUTION:

 Natural Causes: Caused by natural hazards such as cyclones, floods,
earthquakes, volcanoes etc.
 Artificial Causes: Caused by intervention of human agency. They are:
o Population growth: Population gets doubled every 20 years. By
1998 world population grew to 6 Bn. Rising population and
standards of living increases discharge of waste products, street
filth, insects, rodents. It demands additional requirement of food
products, goods and commodities/ resources.
o Industrialization: This is the main source of environmental
pollution. With rapid rise in population, it has put pressure on
human needs and resulted in increased capacity in terms of
industrial production, without necessarily following prudent
norms of discipline and care to maintain sustainable growth.
This has resulted in indiscriminate disposal of industrial waste
and effluents. Most rivers and water bodies are therefore
polluted. It is also a reason for Air pollution .
o Deforestation: Forests contribute immensely to national
economy providing raw material to industries which are engaged
in making furniture, paper etc. On the other hand forests are
also the good habitat of animals and plants ie flora and fauna.
Forests also protect the soil and provide oxygen. They also
regulate the intensity of floods. They are potential source of
fuel, medical herbs and are critical for survival of several tribal
people who live in forest areas and depend on related products.
Forest area is getting reduced by the day owing to deforestation
done at the behest of developmental work involving
industrialization, infrastructural upgradation etc. There is
therefore need to regenerate forests through plantation of native
trees/ herbs and grasses or through natural regeneration for
the protection of wild life and biodiversity, habitat, cachement
areas etc.
o Urbanization: This results in greater construction work,
indiscriminate exploitation of water bodies and reduction in
water table, increased density of population in an area which
puts pressure on the natural resources there. It also results in
decline in standard of living with the masses that live in the
margins living in conditions which are poor from the point of
view of sanitation and health.
o Development of Science and Tech : this has although resulted
in scope for industrial development, it has brought with it
problem of disposal of industrial waste, disposal, emission of
toxic gases, discharge of injurious effluents resulting in
environmental degradation. Reckless conversion of forest lands
into plains for developmental work leading to deforestation and
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damaging soil quality, has also resulted in environmental

degradation. There is therefore need to evolve an environment
friendly industrial policy.
CLASSIFICATION OF POLLUTION:
 Natural pollution: Pollution caused by natural hazards
 Artificial pollution: Caused by intervention of human agency.
Following are different kinds of such pollution.
o Air: Human life depends chiefly upon the air we breath.
Caused by smokes gases released by industrial units and
motor vehicles. Thus air is a mixture of gases, gets polluted by
dust, smoke, toxic gases, chemical vapours noise etc causing
sickness and death. 50% of air pollution is caused by vehicle
pollution. Concerted international cooperation is required to
contain air pollution. The Indian Parliament passed the Air
(Prevention and Control of Pollution) Act of 1981 with a view to
reduce / prevent air pollution. It has adverse effect on climatic
conditions, human health and safety as well as the animal /
biotic well being, and socio-economic conditions. (Page 17). (Its
effects on vegetation animals materials and climate is
enumerated in Page 18, 19).
Note: Trial Smelter Arbitration Case (1930) using lead and

zinc releasing 300 tons of sulphur per day. Compensation of $
78000, Even as the US sought $ 2 Million from Canada as case
went to International Arbitration.
Air pollution can be controlled to some extent by taking

technological, and legislative / administrative measures.
Creation of central and state pollution control boards has also
helped in streamlining processes putting in place strict
guidelines for industrial development and discharge of
effluents.
o Water: Life without water is not imaginable. Our planet is

about 70% water out of which only 0.052% is fresh water.
About 97% is sea water. When the quality or composition of
water changes directly or indirectly as a result of man’s
activities such that it becomes unfit for any purpose it is said to
be polluted. Water pollution is the contamination of water by
foreign matter such as micro-organisms, chemicals, and
industrial or other waste, sewage etc. The Indian Parliament
passed the Water (Prevention and Control of Pollution Act
1974. Water is degraded in its quality by addition of
substances – organic inorganic biological radiological etc, so
much that it becomes a serious health hazard. Sources of
water pollution are domestic commercial wastes, Agri waste,
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chemical substances, thermal waste, radioactive substance,

suspended matter etc.
o Land / soil: It means pollution of and degradation of surface of

the earth. Soil degradation is the decline in quality of soil.
Land degradation takes place mainly owing to unscientific
reckless agricultural practices, unplanned use of land by
dumping of plastic waste, industrial domestic waste etc.
Further construction works felling of trees etc urbanization,
development of unplanned dwelling areas including slums also
contribute to land degradation and soil erosion. Its types are:
1. Negative Soil Pollution: Overuse of soil and erosion
2. Positive Soil Pollution: Pesticides, Chemical Fertilizers,
Air Pollutants washed down by rain etc causes this kind
of pollution.
One might control the soil pollution by eco-friendly farming
systems, minimized use of pesticides, judicious use of fertilizers,
improved cropping techniques so that weeds don’t grow in the
fields, having pits for industrial waste, using renewable energy
and things that can be recycled, Improvement in mining
methods and transportation could reduce spread of mine dust.
Besides controlled grazing, proper forest management,
reforestation also help prevent / reduce land degradation.
o Noise: Unwanted loud senseless noise. Excessive levels of

noise are considered to be major pollutants. Harell defines it as
“unwanted sound which increases fatigue and under some
industrial conditions could cause deafness or damage to ear
drums”. Sources of noise pollution are Industrial, Non-
Industrial such as loudspeakers, automobiles, trains, aircrafts,
construction work, domestic use apparatus and electronic
items at home. MV Act, Factories Act, IPC provide guideline as
to how noise pollution could be contained by regulating the
sound production.
o Food pollution: Use of chemical fertilizers and processed

seeds for organic farming to give high yield of agricultural
produce have given rise to problem of food pollution. Food gets
polluted from its source to its end use. The chemicals
indirectly affect quality of food.
o Radioactive Pollution: Radiation emitted from radioactive

substances is part of man’s environment. When the amount of
radiation received is exceeded, ie it crosses permissible limits,
then it causes radioactive pollution. Radio nuclides are found
in air, water and soil and additionally in our being as we are
product of our environment. They are caused by blast of
atoms. Some elements such as radium uranium emit invisible
effects called as radiation. These substances are radioactive
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substances and their emission is called as radio active

emission. The effect of radio active pollutants depends upon
Half-life, Energy releasing Capacity, Rate of Diffusion, Rate of
deposition of the Pollution. Environmental factors such as
wind, temp and rainfall also influence their effects. The effect
of radiation was first noted in 1909 when it was found that
Uranium seiners suffer from skin burn and cancer due to
radiation from radio active materials. Radiation are of two
types depending upon action on skin – Ionizing + Non-Ionizing.
Q3. Deliberate upon objectives and salient features of Environment
Protection Act 1986.
Answer: In pursuance of the Stockholm Declaration 1972, several

legislations were passed for protection and improvement of environment.
According to the ND Tiwari Committee’s Report, nearly 200 Central and
State Govt legislations have been passed in India. Prominent among them
are 12 of which this ACT 1986 is the comprehensive act in the Indian
statute book relating to environment protection. Enacted under Art 253 of
he constitution and came into force in 1986 being enforced across India. It
contains 26 sections divided into four chapters. It also has 07 schedules
that deal with emission standards. Rules of various aspects of environment
are also framed under this Act like – The Environment Protection Rules
1986, Hazardous Micro-Organisms Rules 1980, Manufacture, Storage and
Import of Hazardous chemicals Rules 1989, Rules on subject matters
related to Chemical accidents 1996, Bio-Medical Waste (BMW) 1998,
Municipal Solid Waste 2000, Ozone Depleting Substances 2000, Batteries
Management / Handling 2001, Plastics’ Waste Management 2011, E-waste
Management 2011.
Objective: The Act aims to achieve the objects which the Water (Prevention
and Control of Pollution) Act 1974, and Air (Prevention and Control of
Pollution) Act 1981, failed to achieve. The ministry of forest is entrusted
with the responsibility to implement the provisions of this ACT. The Objects
are iterated below:
 Implement UNCHE recommendations
 Enact laws on environment protection covering gaps in areas of major
environmental hazards as the existing laws generally focussed on
specific types of pollutants only
 Coordinate activities of various regulatory agencies under the existing
laws and creation of an authority / or authorities for protection of
environment.
 Provide deterrent punishment to those who endanger environment
safety and health
Salient Features of the ACT Territorial Law applies to whole of India and
has 26 chapters divided into four chapters and has 07 schedules.
 It defines Environment, Pollutant, Pollution, Handling, Hazardous
Substances, Occur in relation to factory or premises.
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 Handling means in relation any Substances, the manufacture

processing treatment packaging storage transportation collection
destruction conversion offering for sale transfer or the like of these
Substances Section 2(d).
 Hazardous Substances means any substance or preparation which
by reason of its chemical or physical properties or means of handling
is liable to cause harm to human beings, other living creatures plants
organisms, in short the biotic / abiotic environment.
General Powers of the Central Govt (Section 3 to 6)

Powers to take measures to protect improve environment. May include
following:
 Coordination of actions of state govt and other authorities
 Plan execute nation wide programmes for prevention control
abatement of pollution
 Lay down Standards of quality of environment and emission dicharge
standards
 Restrictions with regards to undertaking of industrial operations and
necessary safeguards thereof
 Lay down procedures safeguards to prevent accidents resulting in
environmental pollution and remedial measures for such accidents
 Lay down procedures safeguards in respect of handling of hazardous
material
 Examining and review of manufacturing processes, materials
substances likely to cause environmental pollution.
 Carrying out sponsoring research over problems of pollution
 Inspection of premises to enforce steps to control pollution
 Establish recognize laboratories and institutes and supervise their
work
 Collect disseminate matters related to environment and pollution
 Prepare manuals codes guides relating to environment pollution and
prevention
 Such other matters that the CG deems fit for securing the effective
implantation of the ACT.
Penalties & Punishments: Section 15 to 17 of the ACT provides for the

punishment for contravention of the provisions of the act.
 For non-compliance of rules framed under the act
 Failure to comply with directives / orders issued by the Govt or
Authorities under the Environment Protection Act 1986 or rules made
there under.
 The punishment for these failures or contravention shall be
imprisonment for a term which may extend to five years or with fine
which may go up to Rs 1 lakh or both together. Additional penalty of
Rs 5000 each day the contravention continues for the first such
failure. (Sect 15 (1)). If failure or contravention continues thus for
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period beyond one year, the offender shall face punishment that may
extend to 07 years’ imprisonment. Besides under this act exemplary
damages can also be awarded.
 Pollution being a public nuisance and a tort is a civil wrong committed
against the community as a whole. Therefore the guilty must face dire
consequences for causing harm to the entire community and the
environment, consequences which must compensate for restoration of
the environment.
 Section 16 deals with offences committed by companies and Section
17 with Govt departments.
NOTE: See General Powers and Duties of State Govt in Book

Cognizance of Offences Section 19.
No court shall take any cognizance of any offence under the ACT except on a
complaint made by:
 CG or any authority or officer authorized in his behalf by that Govt
 Any person who has given notice of not less than sixty days in the
manner prescribed of the alleged offence and of his intention to make
a complaint to the CG or authority or officer authorized
Preamble of the ACT: The Act provides for the protection of environment
and for matters related, based on steps recommended in the UN Conference
on the Human Environment held in Stockholm in 1972, also called UNCHE.
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Q4. Discuss Stockholm Conference 1972, RIO Conference, Vienna

Conference and Montreal Protocol.
Ans. United Nations Conference on Human Environment, or UNCHE

for short, also called Stockholm Conference, was the first UN Conference
that focused on international environmental issues. The conference, held
in Stockholm, from June 5 to 16, 1972, reflected a growing interest
in conservation issues worldwide and laid the foundation for global
environmental governance. The final declaration of the Stockholm
Conference was an environmental manifesto that was a forceful statement of
the finite nature of Earth’s resources and the necessity for humanity to
safeguard them. It was like the Magna Carta for Environmental Issues. The
Stockholm Conference also led to the creation of the United Nations
Environment Programme (UNEP) in Dec 1972 to coordinate global efforts to
promote sustainability and safeguard the natural environment.
The roots of the Stockholm Conference lie in a 1968 proposal from Sweden
that the UN hold an international conference to examine environmental
problems and identify those that required international cooperation to solve.
The 1972 conference was attended by delegations from 114 governments. It
was boycotted by Soviet-bloc countries because of the exclusion of the East
Germany, which did not hold a UN seat at that time. Documents created
during the conference influenced international environmental law; one
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notable example was the final declaration, which elucidated 26 principles

concerning the environment. The conference also produced the “Framework
for Environmental Action,” an action plan containing 109 specific
recommendations related to human settlements, natural-resource
management, pollution, educational and social aspects of the environment,
development, and international organizations.
The final declaration was a statement of human rights as well as an

acknowledgment of the need for environmental protection. The first principle
began “Man has the fundamental right to freedom, equality and adequate
conditions of life, in an environment of quality that permits a life of dignity
and well-being.” The need to preserve the environment was not placed in
opposition to economic development, which is what efforts at sustainable
development seeks to achieve. In fact, their interdependence was explicitly
stated in Principles 8 and 9.
Vienna Conference: The Vienna Convention came into force in 1988 and
was universally ratified by 2009. It is called the Convention for the
protection of the Ozone layer. The purpose of Vienna Convention is to
protect the ozone layer from depletion. The Convention was adopted by the
Conference on the Protection of the Ozone Layer and open for signature at
Vienna from 22 March 1985 to 21 September 1985, and at the United
Nations Headquarters in New York from 22 September 1985 until 21 March
1986. A total of 28 countries originally signed the convention on 22 March
1985. On 16 Sep 94, Vienna Convention along with Montreal Protocol was
universally ratified. It achieved universal ratification (a first for a UN led
initiative) by 2009. The list below mentions the important points related to
Vienna Conventions related to Ozone layer depletion:
1. To strengthen the Vienna Convention’s goals of protecting the ozone

layer, Montreal Protocol was brought in 1987 with an aim to reduce
the production and consumption of (Ozone Depleting Substances)
ODSs to protect the ozone layer.
2. In 16 Sep 94 (The day when Montreal Protocol was made open for
signatures and the Vienna Convention was universally ratified) was
proclaimed as Ozone Day by the UNGA.
3. The 8th amendment was made to Montreal Protocol and it came to be
known as Kigali Agreement (The Amendment was signed in Rwanda’s
capital Kigali.) It aims to reduce the manufacture and usage of
hydrofluorocarbons (HFCs) by about 80-85% from the baselines until
2045.
4. The member countries meet every three years to decide over research
and systematic observations in the ozone layer.
5. Ozone Research Managers is a forum that was introduced post-Vienna
Convention. It is a forum of experts specialized in research, related to
ozone modifications.
6. There is a multilateral fund that aids developing nations to help them
make a transition from usage of ozone-depleting harmful chemicals.
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7. There are two trust funds associated with the Vienna Convention:
 Trust Fund for Vienna Convention

 Trust Fund for Research & Systematic Observations
8. COP or Conference of Parties is held every three years.

9. There are 198 members including India. UNEP provides secretarial
assistance to the convention.
India’s Actions in protecting the Ozone Layer
 The Ministry of Environment, Forest & Climate Change is entrusted

with the work related to the Montreal Protocol protection and
implementation.
 Ozone Cell is set up for effective and timely implementation of the
Montreal Protocol.
 Carbon tetrachloride (CTC) has been completely phased out by India
as of 1st January 2010.
RIO Conference: This relates to the following three conventions, which

were agreed at the Earth Summit held in Rio de Janeiro in June 1992. At
the Summit, the decision-making process was tailored to promote a
sustainable planet for future generations. The key message entailed the idea
that changes in behaviour were vital for progress towards the desired
transformation of the environment. The resulting documentation from the
two-week deliberations and meetings included Agenda 21 (a non-binding
action plan of the United Nations to promote Sustainable Development),
Statement of Forest Principles, Rio Declaration on Environment and
Sustainable Development, leading to formation of the following Conventions:
 UNFCCC, the abbreviation of United Nations Framework Convention

on Climate Change
 CBD, the abbreviation of Convention on Biological Diversity
 UNCCD, the abbreviation of United Nations Convention to Combat
Desertification
The Convention on Biological Diversity (CBD)

With 196 ratified parties, the Convention on Biological Diversity aims to
conserve and protect biodiversity, biological resources and safeguard life on
Earth, as an integral part of economic and social development. Considering
biological diversity as a global asset to current and future generations and
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populations across the planet, the Convention works to prevent species

extinction and maintain protected habitats. As well, the CBD promotes the
sustainable use of the components of biological diversity, and works to
maintain the environmental and sustainable process of access and benefit
sharing, derived from genetic resource use.
Established on 23 Dec 93, the Convention on Biological Diversity works to
maintain the following three objectives:
1. “The conservation of biological diversity"

2. "The sustainable use of the components of biological diversity"
3. "The fair and equitable sharing of the benefits arising out of the
utilization of genetic resources”
The Convention on Biological Diversity (CBD)

Follows the Strategic Plan for Biodiversity 2011-2020. It is aimed at
achieving synergies nationally and globally for effective urgent action to halt
the loss of biodiversity and ensure that by 2020 ecosystems are resilient and
continue to provide essential services in order to secure the planet’s
diversity and for contributing to the well being of the human species
eradicating poverty.
The United Nations Framework Convention on Climate Change
(UNFCCC)
With 197 ratified parties, the United Nations Framework Convention on
Climate Change is committed to the objective of stabilizing greenhouse gas
concentrations in the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system. Such a level should be
achieved within a time frame sufficient to allow ecosystems to adapt
naturally to climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a sustainable
manner.” Following the adoption of the Paris Agreement in 2015 and
previously the Kyoto Protocol in 1997, the UNFCCC Secretariat works to
maintain the goals and objectives of the Convention, as one of the primary
United Nations bodies with functional role to address the threat of climate
change.
The United Nations Convention to Combat Desertification (UNCCD)
The United Nations Convention to Combat Desertification (UNCCD)
functions as an international agreement that works for prudent measures in
order to provide for sustainability of land management and address issues
related to land degradation. Among the areas of consideration, the
Convention focuses on restoring degraded ecosystems found in dryland
areas. The UNCCD, consisting of 197 parties works towards creating “a
future that avoids, minimizes, and reverses desertification / land
degradation and mitigates the effects of drought in affected areas.
Legislatively, the UNCCD is committed to achieving Land Degradation
Neutrality (LDN) and combat pressing environmental issues of
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Desertification, land degradation and drought (DLDD) through a newly

created 2018-2030 Strategic Framework, consistent with the 2030 Agenda
for Sustainable Development . This framework followed the 10-year strategic
plan and framework for 2008-2018 that aimed to establish global
partnerships in working toward the reversal and prevention
of desertification and land degradation. The UNCCD aims to restore the
productivity of degraded land, while improving livelihoods and aiding
populations that are vulnerable because of environmental destruction. The
Convention’s 197 parties work together to improve living conditions of
people in drylands, to maintain and restore land and soil productivity, and
to mitigate the effects of drought.
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Q5. Write about Ganga Pollution Case – Short Notes.
Ganga is a trans-boundary river

of Asia flowing through India
and Bangladesh. It is one of the
most sacred rivers and a lifeline
to a billion Indians who live
along its course. One of the
most
populated cities along its course
is Kanpur. This city has a
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population of approx. 29.2 lakhs

(2.9
million). At this juncture of its
course Ganga receives large
amounts of toxic waste from the
city
´s domestic and industrial
sectors, particularly the leather
tanneries of Kanpur.
In 1985, M.C. Mehta filed a
writ petition in the nature of
mandamus to prevent these
leather
tanneries from disposing off
domestic and industrial waste
and effluents in the Ganga river.
This
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writ petition was bifurcated by

the Supreme Court into two
parts known as Mehta I and
Mehta I
Case
most
(2.9
16

city
leather
This
17

Mehta I
Case
most
(2.9
18

city
leather
This
Mehta II.
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MEHT
Ans. Emanating from the Himalayan Ranges, the Ganga flows SE, and
drains itself into the Bay of Bengal. Ganga has been the lifeline for ages in
India. Kanpur as a major city on the banks of River Ganges discharges vast
quantities of waste into the river. Industrial effluents and animal skin for
leather, form the maximum waste discharge into the river, consisting of
organic and harmful inorganic material. These are discharged into the river
without even the basic treatment, which can potentially impact the purity of
the dissolved oxygen and can cause death of aquatic life as also immense
harm to people who consume this water. Mr MC Mehta filed writ petition in
Supreme Court in the case commonly referred to as Ganga Pollution case or
Kanpur Leather Tanneries case. M.C. Mehta v. Union of India and Others
is the first River pollution case to emerge in environmental public interest
legal proceeding. Facts of the case is as follows:
 1985 in the pilgrimage city of Haridwar, along the Ganga; a matchstick

tossed by a smoker resulted in the river catching fire for more than 30
hours, due to the presence of a toxic layer of chemicals produced by a
pharmaceutical firm.
 In response to this incident M.C. Mehta, an environmental lawyer and
social activist, filed a Public Interest Litigation (PIL) in the Supreme Court
of India against about 89 respondents, wherein Respondent 1,
Respondent 7, Respondent 8 and Respondent 9 were Union of India in
1985.
 Mehta filed a petition (PIL) charging that, despite the advances created
within the code, government authorities had not taken effective steps to
stop environmental pollution of the stream Ganga.
 The scale of the case – the whole 2,500-km stretch of the river – proved to
be intractable. So the Court requested Mr. Mehta to narrow down his
focus and he chose the city of Kanpur, despite neither he being from the
city nor living there.
 Using the judicial remedy of writ, he urged state agencies to stop leather
tanneries and also the municipal corporation of Kanpur from discharging
industrial and domestic effluent within the stream.
 The petitioner requested the Supreme Court to restrain the respondents
from discharging harmful effluents into Ganga river stream until the time
they made provisions for treatment plants to treat cyanogenic effluents.
 Mehta requested the court to order the animal skin (leather) tanneries of
the district of Kanpur to prevent discharging their untreated effluent into
the stream. He additionally claimed that the Municipal Corporation of
Kanpur also must be prevailed upon to treat domestic biodegradable
waste to avoid pollution.
ISSUES RAISED WERE AS FOLLOWS

20
 Whether the authorities had paid attention to the worsening condition of

the sacred watercourse and had initiated probation into the matter?
 Whether any steps, had been taken by the state?
 Whether the smaller industries ought to be funded for fixing effluent
treatment plants? If yes, then what should be the standards to determine
‘smaller industries’?
 Some of the tanneries were members of the Hindustan Chambers of
Commerce and a few of the tanneries bonded that with the approval of
Respondent 8 (State Board), they sought to construct primary treatment
plants which might be operational in six months from the date of hearing,
failing which they would shut shop. However, they argued that it might
not be within their capacity to develop secondary treatment plants to treat
the waste water, because of the huge outlay it involves.
JUDGMENT
In this petition the petitioner requested the court to request the Supreme
Court to restrain the respondents from cathartic effluents into the Ganga
watercourse until the time they incorporate treatment plants for treatment
of hazardous effluents that enter into the water stream.
At the preliminary hearing the Court gave notice under Order I Rule 8 of the
CPC, and highlighted provisions in our constitutional framework that
enshrine the importance of protection of environment.
Article 48-A provides that the State shall endeavour to shield and improve
the atmosphere and to safeguard the forests and wild life.
Article 51-A of the Constitution of India, imposes a basic duty on every

citizen to shield and improve the natural environment, forests, lakes, rivers
and wild life.
The Court cited the Water (Prevention and management of Pollution) Act,
1974 (‘the Water Act’), that was passed to manage pollution and maintain
water quality. Section 24 of the Act prohibits disposal of polluting matter
into the stream (as defined in Section 2j). The Act recommends institution of
Central Boards and State Boards.
Section 16 and Section 17 of the Act describe the powers / functions of

the Central / State Boards. One amongst the functions of the State Board is
to examine waste product or trade effluents, install plants for their
treatment. The Court ordered the tanneries to establish primary treatment
plants if not Secondary treatment plants. That is the minimum which the
tanneries should do under the circumstances of the case. The Court further
held that the financial capacity of the tanneries should be considered as
irrelevant while requiring them to establish primary treatment plants.
The Court held the despite the above-stated provisions in the Water
(Prevention and Control of Pollution) Act, 1974 Act no effective steps were
taken by the State Board to prevent the discharge of effluents into the river
21
Ganga. Also, despite the provisions in the Environment Protection Act, no

effective steps were taken by the Central Government to prevent the public
nuisance caused by the tanneries at Kanpur.
In addition to this, the Supreme Court further relied on Article 52A (g) of
the Constitution which imposes a fundamental duty of protecting and
improving the natural environment. The Court directed that the Central
Government implement at least one hour per week instructions in schools
grade 1 to 10 for lessons on protection and improvement of the natural
environment including forests, lakes, rivers and wildlife, prescribing thereof
Text Books after deliberating upon its design development in prudent
manner to develop hygienic practices in early years.
CONCLUSION
The entire case was based on the discharge of ‘trade effluents’ into water
bodies (Ganga river during this case). The case mandated the industries in
India to install primary treatment plants mandatorily and sanitize the
environment and public at large about the importance of curbing discharge
of harmful effluents into the water stream. These steps were mandated
regardless of the inconvenience caused to industries or their financial
constraints, to forestall further degradation of the river water stream and
the associated water bodies, endangering the ecosystem and bio-diversity.
___________________________________________________________________________
Q6. Short notes on following subject matters.

Answers.
Disaster management: Disaster management is how we deal with the

human, material, economic or environmental impacts of a natural or
manmade disaster. It is the process of how we prepare for, respond to and
learn from the effects of major failures. An environmental disaster is defined
as a catastrophic event in relation to the natural environment. The
environment and disasters are inherently linked. Environmental degradation
affects natural processes, alters our resources’ base and increases our
vulnerability. It exacerbates the impact of natural hazards, lessens overall
resilience and challenges traditional coping strategies. Chernobyl nuclear
plant disaster in 1986 is a prime example. Prevention of disaster in following
ways:
 Raising awareness about potential hazards and how to address them

and prepare for different types of disaster.
 Installing and strengthening prediction and warning systems.
 Preserving the ecology and implementing plans for sustainable
development without sacrificing the wellness of the ecology on the
pretext of developmental activities, as both sustenance of environment
and development can go with complete synergy provided we exercise
deliberate caution being aware of the concerns of the environment.
22
Festivals and pollution: During festivals we unintentionally pollute our

ecology by throwing leftovers in water, bursting crackers and playing loud
music. It is an inseparable yet ignored side of festivals. That's why pollution
is called the flip side of festivals. Each year during festivals like Diwali or
even during private celebrations and ceremonies, firecrackers are burned,
leading to the release of toxic gases and severe air pollution. There is a
yearly increase in the level of Respirable Suspended Particulate Material
(RSPM) in the air due to the bursting of firecrackers. This is one important
cause for pollution. Further killing of animals as part of festivities and
indiscriminate waste disposal also add to cause pollution. At the
community level societies need to display greater maturity exercising due
care so that pollution is curbed during festivities.
Public Trust Doctrine: The Public Trust Doctrine primarily rests on the
principle that certain resources like air, sea, waters and the forests have
such a great importance to the people as a whole that it would be wholly
unjustified to make them a subject of private ownership. Public trust
doctrine serves two purposes: it mandates affirmative state action for
effective management of resources and empowers citizens to question
ineffective management of natural resources. The doctrine enjoins upon
the government to protect the resources for the enjoyment of the general
public rather than to permit their use for private ownership or for
commercial purposes. The State is the 'Trustee' of all natural resources,
which are by nature meant for public use and enjoyment.
Taj Trapezium Case: The Taj Mahal Case, also known as the Taj
Trapezium Case, was fought between M.C. Mehta and the Union of India. He
filed a writ petition in 1986. Taj Trapezium Zone (TTZ) is a defined area of
10,400 Sq km around the Taj Mahal to protect the monument from
pollution. The Supreme Court of India delivered a ruling on 30 Dec 1996
regarding industries covered under the TTZ, in response to a PIL seeking to
protect the Taj Mahal from environmental pollution. In 1996, the top court
in a landmark judgement (M.C. Mehta vs UOI & Ors), stated that
“the atmospheric pollution in TTZ has to be eliminated at any cost.” It found
that the nearby coke/coal consuming industries were damaging the
monument and the people living in the TTZ. The polluted Yamuna River
that flows behind the Taj and persistent vehicular pollution were also cited
as main causes of pollution responsible for degradation of the iconic Mughal
Monument
Oleum Gas Leak Case: Shriram Food and Fertiliser factory, Delhi,
comprising a population of around 2,00,000 people, produced products like
hard technical oil & glycerin soaps. M.C. Mehta, a social activist lawyer, filed
before the Supreme Court a writ petition seeking an order for closure and
relocation of the Shriram Caustic Chlorine and Sulphuric Acid Plant to a
different area where there will be no danger to people’s health and security.
23
Pending the disposal of the petition, the SC permitted the plant to restart its
work. Then, on 04 Dec 1985, massive leakage of oleum gas occurred from a
subsidiary of Delhi Cloth Mills, one of the plants of Shriram Foods and
Fertiliser Industries, leading to the death of one person and causing injuries
to many others. This case has great significance in environmental advocacy
& in establishing the principle of absolute liability, stating that in the case of
industries (herein referring to ‘Shriram’) engaged in inherently dangerous
activities, the rule of absolute liability will be applied. The essentials of
absolute liability include:
 Dangerous Thing: According to this, the liability of escape of a thing

from an individual’s land will arise only when the thing which is
collected is dangerous
 Escape: Anything that causes damage or mischief should be deemed
to have escaped from the defendant's control and should therefore
come under absolute liability.
 Non-Natural use of Land: Water collected on land for domestic

purposes does not amount to non-natural use of land. Still, if one is
storing it in large quantities like in a reservoir, as in Ryland vs
Fletcher, it is indeed non-natural use of land.
 Mischief: To make the person liable here, the plaintiff firstly needs to
show that the defendant had made non-natural use of land; and also
show that something dangerous escaped out of the premises under
his control causing hazard and injury.
 Strict liability, too, has these essentials. However, absolute liability is

strict liability, but with no exceptions.
Coastal Zone Management: The Coastal Zone Management (CZM) is a

process of governance that consists of legal and institutional framework
necessary to ensure that development and management plans for coastal
zones are integrated with environmental and social goals, and are developed
with the participation of those affected. India has nine coastal states.
These are Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu,
Andhra Pradesh, Odisha, West Bengal. India has a coastline of 7516.6 km -
5422.6 km of mainland coastline and 2094 km of island territories. Coastal
Regulation Zones (CRZ) are the areas along the 7,500 km-long coastal
stretch of India. Development of buildings, tourism infrastructure and other
facilities is regulated in these areas by the Government. Ministry of
Environment Forest and Climate Change declares CRZ. There are four CRZ
zones. Coastal Zone Management Authority gives CRZ clearance. Buildings
are permitted only on the landward side of the existing roads along the
coast. It is necessary to protect ecologically sensitive regions such as coral
reefs and mangrove forests, which act as shield against tsunamis and
24
cyclones. Keeping the Coastal Zones safe can improve the lives of coastal
communities.
Rural Litigation and Entitlement: RLEK) is a NGO with its work base
situated in the state of Uttarakhand, India. Its office is located in Dehradun.
It evolved as a result of years of struggle against atrocities meted out to the
underprivileged and marginalized communities in the region. RLEK has
fought in the courts of justice for communities as well as individuals. Some
of the decisions given by the courts in these cases forced the Government to
pass new acts. The Kendra is working persistently in order to bring about a
countrywide exposure to widespread violation of fundamental rights. Its
initiatives have led to Bonded Labour Abolition Act, 1976; Narcotics and
Psychotropic Substances (NDPS) Act 1988; Environment Protection Act,
1986. The organization works on the aim: "To reach the unreached and
include the excluded." The vision of the organization is to achieve a just
and sustainable society. The Kendra is driven with the mission to empower
indigenous groups, marginalized population, women and children and to
claim their rights and entitlements. RLEK is registered under the Societies
Registration Act, 1860 since 1869 as a Non-Profit Organization.
Q7. Write an account of historical perspective of environmental protection.
Ans: Historical perspective is enumerated in the succeeding lines.
Policy in Colonial India: The policies from the colonial phase mainly saw
the development of laws that allowed the revenue growth of the British India
government. The motive behind the first-ever environmental law, the Indian
Forests Act of 1865, was to acquire a free source of wood to develop the
railways and other industries. While this law afforded certain protections to
‘reserved forests’, it was mainly in place to legalise huge amounts of tree
felling for the growth of trade and industry; with the produce chiefly being
transported by the railways and ships out of India.
Post-Colonial Era: A similar model was followed after independence, except

that the resources and produce were not shipped abroad, where India
sought to formalise a National Forest Policy. Yet again, the Policy’s aim
continued to be the development of trade, industry, defence and
communication. However, this time, there was equal emphasis on tree
plantations as well, possibly to address the obvious exhaustibility of this
resource.
A significant improvement in environmental consciousness was seen in

response to the United Nations Conference on Human Environment in 1972
at Stockholm. The conference discussed balancing economic development
with the need to protect the environment and laid down 26 guidelines for
Nation States to follow in this regard. The next decade saw India enacting
25
most of these guidelines into law. These included the Water (Prevention and
Control of Pollution) Act, the Wildlife Protection Act, the Air (Prevention and
Control of Pollution) Act, the 42nd Constitutional Amendment to include
Article 48A, and so on. However, some of these laws did not prove to be
effective or manage to prevent the tragedies that followed.
Bhopal Gas Leak Case and its Knee Jerk Reactions
One early morning in December 1984, a poisonous gas leaked from the
Union Carbide India Ltd plant in Bhopal and killed almost 4000 people and
affected lakhs of others. This was followed by another Oleum gas leak in
Delhi at Shriram Foods and Fertilizers. Together, these leaks changed the
discourse on the environmental response in India. These incidents forced
the government to formulate a comprehensive law that regulated and
recognised the interconnectivity of air, water and land together, and the
need for governmental action in terms of setting pollution standards,
environmental clearances for industries and response to industrial
accidents. These laws included the Environment (Protection) Act 1986,
Bhopal Gas Leak Disaster (Processing of Claims) Act 1984, and the Public
Liability Insurance Act 1991. Strict liability was replaced with Absolute
liability on the part of industries to implement preventive measures in
relation to release/ discharge of effluents and toxic gases into the open.
Environmental Activism in the Judiciary
While the enactment of several legislations in this time was seen to be a

progressive step, the next phase that followed in the environmental regime
was the development of jurisprudence through case laws. Activists sought
guidelines and regulations from courts in areas where there was no law for
the protection or preservation of the environment.
Cases like Subash Kumar v. State of Bihar (1991) brought a person’s right
to clean water and pure air under the ambit of Article 21 of the Constitution
which guarantees right to life and personal liberty. Further, MC Mehta v.
Union of India (1991) advocated for environmental education in schools to
ensure an informed citizenry, while Vellore Citizens Welfare Forum v. Union
of India (1996) developed the precautionary principle and “the polluter pays”
principle.
As a whole, it can assertively be said that most of the environmental laws,

policies and regulations that exist today are owed to public interest
litigations and judicial activism from this fourth phase in Indian
environmental history.
While there may not be one single policy dealing with all kinds of pollutions
in India, the Indian legal regime now comprises of an extensive set of laws
that set standards for the protection of different aspects of the environment,
standards for industries to follow and response mechanisms in cases of
26
accidents — Albeit that require serious amendments to adapt with time, fit
the current growth rate and to be truly able to protect the environment.
Q8. Write short notes on

(a) Hunting (b) Bio-diversity Act
Answer. Hunting: Hunting is killing or poisoning of any wild animal or

captive animals; and every attempt to do so besides capturing, snaring,
trapping, driving or baiting any wild or captive animal. Hunting has been
banned under the Provisions of Wild Life (Protection) Act, 1972. Wildlife
Protection Act, 1972 includes 5 Schedules. It talks about prevention of
hunting and plant cutting, protected area network declaration, recognition
of zoos and protective measures to be taken to preserve wild life. It is illegal
to hunt animals for sport but under specific circumstances it is legal. Those
circumstances are for preventing crop damage, securing lives of humans
from wild animals gone berserk when the animal has become a menace, or
when it is required in order to curb outbreak of a disease etc.
Bio-diversity Act: The Biological Diversity Act, 2002. The act was enacted
in 2002, it aims at the conservation of biological resources, managing its
sustainable use and enabling fair and equitable sharing benefits arising out
of the use and knowledge of biological resources with the local communities.
Biodiversity is all the different kinds of life you'll find in one area—the
variety of animals, plants, fungi, and even microorganisms like bacteria that
make up our natural world. Each of these species and organisms work
together in ecosystems, like an intricate web, to maintain balance and
support life. The Endangered Species Act is the strongest law for protecting
biodiversity passed by any nation. Its purpose is to prevent the extinction of
our most at-risk plants and animals, increase their numbers and effect their
full recovery — and eventually their removal from the endangered list.
Q9. Discuss importance of India’s Constitution for environment protection.

(Page 207 to 224)
Ans Consequent to the Stockholm Conference in 1972, there was a

realization in India to provide for statutory bodies and constitutional
provision in order to safeguard the environment. Accordingly the
Environment Protection Act 1986 came into being.
Originally the constitution had no provision for environmental
protection. But subsequently in the 42nd Amdt act (also called the mini
27
constitution), such provisions were included. The constitutional provisions

may be explained under the following heads:
(a) 42nd amdt: in 1976 for the first time the Indian constitution had
mention of environment protection. New provision of Article 48-A was
added in the chapter of directive principles.
(b) Federal system of government
(c) Fundamental rights
(d) Directive principles of state policy
(e) Fundamental duties
(a) Constitution: The problems relating to ecological imbalance was
brought before the SC in the following cases:
 Sachidananda vs State of WB 1986. Courts are bound to honour Art
48A of Constitution
 MC Mehta vs UOI 1988, Ganga pollution due to indiscriminate
discharge of effluents by tanneries in Kanpur
 Ratlam municipality case in SC 1980, regarding nuisance of open
drains
 T Damodhar Rao vs Municipal Corp Hyderabad 1987 in AP, where Art
48A and Art 51 A(g) were cited to make it obligatory for state govts to
protect environment
 Kinkri Devi vs HP State 1988 cited Art 48 and Art 51 and observed
that failure of the State in protecting the environment is nothing short
of betrayal
 Pradeep Kishan v UOI in the SC in 1996 where the petitioner averred
that the forest cover in MP was shrinking. The SC gave six months to
take action rehabilitating the tribal people
Art 48A is in DP of State Policy

Art 51A is in Fundamental Duties, the constitution specifically deals with
citizen’s duty to protect environment including forests, lakes, rivers, and
wild life. It is the right of citizens to go to court to ensure that the State
performs its bounden duty to protect the environment.
(b) Federal System of Govt Distribution of Legislative Power:

Legislative power is divided into three viz Union List Concurrent List and
State List. Art 246 distributes powers to the three lists. Union has 97
subjects, State has 66 subjects and concurrent has 52 subjects. There are
about 200 central and state legislations on environment. Passed under the
Art 249 of the constitution, are these vital legislations : Water Act 1974, Air
Act 1981, and Environment Protection Act 1986. In case of any conflict in
Concurrent list the central law shall prevail however is the state has passed
subsequently a piece of legislation in the concurrent list with the assent of
President of India, that it shall have its way. Environmental Impact
Assessment (EIA) is undertaken when there is clash between Centre and
State over issues of development vs ecology. The EIA is recognized by the
planning commission under the 7th five year plan. Prudent environmental
concerns are therefore vital to preserve the environment.
28
(c) Fundamental Rights: Part III Art 12 to Art 35. Article 15 prohibits
discrimination. Article 21 provides for clean environment as life necessity.
Menaka G v UOI 1978 in SC guarantees fundamental right to life – a life of
dignity lived amidst healthy environment, free of dangers of infection /
disease. This right was first recognized in the case of RLEK vs State of UP in
SC year 1988 popularly called as the Dehradun quarrying case. It is the first
case of its kind in India relating to environment and ecological balance.
Illegal mining in Mussouri was the point of contestation, which led to
environmental disorder. The SC treated the letter as writ petition under Art
32 of the Constitution asserting that there is violation of fundamental rights
under Art 21 of the constitution. The Apex court ordered appointment of an
expert committee which recommended closure of many quarrying sites.
(Note: other cases are featured in Pages 216 – 217 of book)
Similarly Art 24 of the constitution of India, relates to exploitation of child

labour. NO child below the age of 14 years shall be employed to work in
factory mine or any other hazardous employment. Likewise Sec 67 of
Factories’ Act 1948 prohibits employment of young children in factories and
hazardous employment or child labour. Other enactments that prohibit
children labour are Employment of Children Act 1938, Motor Transport
Workers’ Act 1961, Beedi & Cigar Workers Act 1986.
(d) Directive Principles of State Policy: Art 48A makes it prudent for
State to provide good environment to its citizens. Other relevant articles are
Art 39 (deals with equal rights for men women, distribution of ownership,
prevent too much concentration of wealth, protect health of worker, afford
children opportunity to grow in healthy environment), Art 47 (Raising
nutrition levels), Art 48 (Organization of agriculture and animal husbandry),
Art 49 (Protection of monuments)
(e) Fundamental Duties: Art 51A obligates all citizens to strictly adhere
to rules and law of the land. Art 51(g) urges all citizens to be responsible
and protect the environment.
Q10. Elucidate role of Indian judiciary for prevention of environmental

degradation and its protection?
Ans. There is the subject matter of environment law that has evolved over
time which ack the importance of the judiciary to protect the environment.
In fact Common Law has several features that apply to environmental law.
Remedies under Common Law against the environment pollution are
available under the Law of Torts as stated under:
 Remedies under law of torts
 Remedies under IPC 1860
 Remedies under CrPC 1973
 Remedies under CPC 1908
29
 Indian easement act 1882

 Factories’ act 1948
 Motor Vehicle Act 1988
 National Green Tribunal Act 2010
The deepest roots of modern environmental law are found in nuisance,

trespass, negligence, strict and absolute liability law of TORTs
The SC in the Mehta vs Kamal Nath 2000 rightly stated that environment
pollution amount to civil wrong and by its nature it is a tort committed
against the entire community at large.
TORT: Tort literally means a wrong committed. The aggrieved party can
invoke relief for environmental pollution by instituting an action under the
law of torts against either of these ie nuisance, trespass, negligence, strict /
absolute liability. To hurt / annoy is nuisance, it can be public nuisance or
private nuisance. Sit utere tuo ut alienum …. “everyone must so use his
own as not to damage another. In other words it implies “enjoy own property
without causing damage to another”. For eg Trail Smelter a Canadian
company case.
Principle 22 of Stockholm Convention was incorporated here.
(Relevant Case laws are given in Page 78/79)
The above is eg of public nuisance. Elements of private nuisance are – Civil

wrong, Unlawful / unreasonable interference, Interference with use of
land, Damages….
TRESPASS: literally means unauthorized interference with possession or

enjoyment of another’s land. Signifies transgression or offence against the
law of nature, or of society or of the country whether related to someone
personally or with respect to his property. Trespass may be committed
under the following circumstances:
 By entering upon land of plaintiff
 By impacting adversely the sole possession of the plaintiff without
justification at all.
Trespass is a civil wrong. When it is done with intention to commit an

offence it becomes a Crime. Criminal trespass is defined under Section 441
of IPC. Essential elements of trespass are as follows:
 Unauthorized interference
 Direct interference
 Proof of damage
Nature and Character of trespass to land may be studied under following

heads:
 Trespass ab-initio
 Trespass by abuse of licence
 Continuing trespass unabated
NEGLIGENCE
30
Tort of negligence is used in environment law when other torts are not
available. An action for negligence may be instituted for injury or damage to
physical discomfort where indiscriminate discharge of effluents is common.
Essentials of negligence are as under:
 That the defendant owed a duty of care to the plaintiff. Degree of care
expected depends upon gravity of risk and also the nature of the act.
 He committed breach of such duty.
 Plaintiff suffered damage as a consequence, where such injury was
foreseeable. The damage suffered must be proximate not remote. The
plaintiff has to show that he really suffered damage – proximate
damage.
STRICT LIABILITY AND ABSOLUTE LIABILITY: Strict liability arises out

of breach of duty not necessarily any fault on the part of the defendant, and
without any consideration or intention or negligence on his part. Some of
the issues involved could be if there is negligence, for eg if an employer
employs an independent contractor can the employer be held liable for the
contractor’s mistakes, and whether the defendant can be held liable though
there is no negligence on his part. In the case of employer and contractor –
there is no master servant relationship between the employer and the
workers hence there should be no liability of the employer. The liability
should be that of the contractor only as he has the master servant
relationship with the worker. However J Blackburn in 1868, evolved the
rule of Strict Liability for the first time and held the employer also liable.
Likewise the defendant is to be held liable under the concept of Strict
Liability, although there is no negligence on his part.
Plaintiff for application of Strict Liability must prove

 Dangerous thing
 Escape
 Non natural use
An act of God is an exception to the rule of Strict Liability. Further if there

is a fault on the part of the plaintiff then the defendant is not to be held
liable. For eg the plaintiff did not keep his horse under leash. It escaped
into the defendant’s area and nibbled at some poisonous herbs and
collapsed. Held that the plaintiff was liable not the defendant. Another
exception is that the defendant can’t be held liable if any third person’s
malicious act results in damage to the plaintiff. Further consent of the
plaintiff or common benefit also gives rise to non-liability of the defendant.
Absolute Liability: The rule of absolute liability arose out of the rule of
strict liability. It was coined by PN Bhagawati CJI in 1986 for the first time
in the case of MC Mehta vs Shri Ram Foods and Fertilizers Supreme Court
in the case popularly called as the Oleum Gas Leak Case. Absolute liability
provides no defence to the defendant and he has little or no chance to
escape from liability.
Strict Liability = liability irrespective of negligence on the part of the
defendant with certain defences
31
Absolute Liability = liability irrespective of negligence on the defendant’s part

without defences.
(Check Union Carbide Case Page 105 of the book)
REMEDIES UNDER THE IPC in ENVIRONMENT LAW
An aggrieved in a case of environment pollution can institute criminal action

against the polluter. Various provisions in IPC declare certain acts affecting
environment as offences.
Sec 268 defines public nuisance
Sec 269 to 290 provide punishment for public nuisance
Sec 272 to 276 deals with adulteration of food drinks medical drugs
Sec 277 aims to prevent water pollution
Criminal liability under IPC is different from that provided for under various
special laws relating to environmental protection.
For Specific kinds of pollution cases which constitute offences (Page 114)
REMEDIES UNDER CRPC 1973

Provides for certain provisions for preventing and controlling public
nuisance causing air, water noise pollution.
Chapter X Part B containing Section 133 to 143 and Part C containing

Section 144 provide for most effective and speedy remedies. Sec 133 =
Magistrate is empowered by the state to remove thing causing public
nuisance, on receipt of report from the Police. Sec 143 = Magistrate
empowered to order any person not to repeat nuisance which was noted
earlier and removed.
PROVISIONS UNDER CPC 1908: Sec 91 provides for action against public
nuisance.
Similarly we have remedies under the EASEMENT act and FACTORIES act
Remedies under MV Act are also relevant. Sec 7 about pollution related
liability even in case of easement, several rules of factories act, Sec 111 of
MV act that empowers the state govt to make rules prohibiting or restricting
use of audible signals at certain times or places. Sec 110 lays down powers
of the CG to make rules like vehicle specs required, benchmarks and
standards to be upheld in terms of quality of accessories fit in vehicles, and
also related to periodical testing inspection of vehicles by prescribed
authorities Sec 111(2d).
32
Q11. How is water pollution prevented under the water pollution act? What
are the provisions regarding offences and penalties in the act?
Ans.
About Water (Prevention & Control of Pollution) Act, 1974
 Water (Prevention & Control of Pollution) Act, 1974 is a comprehensive
legislation that regulates agencies responsible for checking on water
pollution and the ambit of pollution control boards both at the centre and
states.
 The Water (Prevention & Control of Pollution) Act, 1974 was adopted by the
Indian parliament with the aim of prevention and control of Water Pollution
in India.
The salient features of Water (Prevention And Control Of Pollution) Act,

1974
 Water Act 1974 aims to prevent and control water pollution.

 The Act provides for maintenance and restoration of quality of all types of
surface and groundwater.
 It provides for the establishment of Central and State Boards for pollution
control. The Act assigns powers and functions to these Boards to control
pollution.
 The Central and State Pollution Control Boards are given comprehensive
powers to advise, coordinate, and provide technical assistance for the
prevention and control of water pollution.
 The Act has provisions for funds, budgets, accounts, and audit of the
Central and State Pollution Control Boards.
 Under Water Act 1974, Sewage or pollutants cannot be discharged into
water bodies including lakes and it is the duty of the state pollution control
board to intervene and stop such activity.
 The Act prohibits disposal of any poisonous, obnoxious or polluting matter
into the flow of water in a stream. However, dumping of any material into a
stream for the purpose of reclamation of land is not considered an offense.
 The Act provides for severe and deterrent punishments for violation of the
Act which includes fine and imprisonment. Anyone failing to abide by the
laws of under is liable for imprisonment under Section 24 & Section 43
ranging from not less than one year and six months to six years along with
monetary fines.
 One of the important provisions of the Water Act, 1974 is to maintain and
restore the ‘wholesomeness’ of our aquatic resources.
33
The Water (Prevention and Control of Pollution) Cess Act of 1977
 Passed to generate financial resources to meet expenses of the Central and

State Pollution Boards.
 Creates economic incentives for pollution control and requires local
authorities and certain designated industries to pay a cess (tax) for water
effluent discharge.
 The Central Government, after deducting the expenses of collection, pays
the central board and the states such sums, as it seems necessary.
 To encourage capital investment in pollution control, the Act gives a polluter
a 70% rebate of the applicable cess upon installing effluent treatment
equipment.
 The cess and the consent fees form the major sources of revenue to run the
Central and State Water Boards.
 The Act has been amended in 1991 to provide rebates to the industries for
complying with the consumption and effluent quality standard.
See appendix for penalties / offences in respect of water act 1974
Q12. What is noise? Describe legislative measures to control noise

pollution.
Ans. Refer Pages 33 of BOOK.
Noise is Environmental noise is defined as unwanted or harmful outdoor
sound created by human activity, such as noise emitted by means of
transport, road traffic, rail traffic, air traffic and industrial activity.
Noise pollution is considered to be any unwanted or disturbing sound that

affects the health and well-being of humans and other organisms. Sound is
measured in decibels.
Legislative measures: Under CrPC. Section 133 the magisterial court have
been empowered to issue order to remove or abate nuisance caused by noise
pollution Sec 133 empower an executive magistrate to interfere and remove
a public nuisance in the first instance with a conditional order and then
with a permanent one. There are provisions in Factories’ Act too to curb
excessive noise and precautions to be taken in factories.
In recent years noise pollution has emerged as a national problem as

excessive noise can cause psychosomatic disorders, tension, skin ailments
and emotional distress. Noise can cause loss of nervous energy, excessive
heart beating, irritability and susceptibility to neurotic irregular behaviour.
The root cause of environmental pollution lies in the sort of technological
world we live in. The harmful effects of environmental noise have compelled
many nations to curb this problem by introducing various legislative
measures. The concern for environmental protection had its genesis in the
34
1960 s, when many laws regarding this were passed by several states of the
USA. The “National Environmental Policy Act” was signed on 01 Jan 1970
by the US President.
In Japan, the “Anti-Pollution Basic Law” covers noise pollution. A National
Council has been established in Japan under the chairmanship of the Prime
Minister. This Council controls the quality of air, water, noise, earth
vibrations caused by construction work and land transport vehicles. It takes
firm steps to check noise pollution.
LEGISLATION IN INDIA:
The original Indian Constitution of 1950 did not have any provision directly
dealing with the environmental pollution. But the Forty-second Amendment
of the Indian Constitution passed in 1976 inserted Article 48-A and Article
51-A to protect and improve the environment. Thus, India became one of the
few countries of the world to enshrine in its Constitution a commitment to
environmental protection and improvement. These amendments introduced
a new dimension in the public responsibility by obligating the Central
Government to protect and improve environment for the good of society as a
whole. Since 1976, it has become a constitutional obligation of the State to
improve and protect the environment. The State is bound to take steps and
impose restrictions on the use of resources which adversely affects the
environment. While shaping the State policy, the government is under an
obligation to ameliorate environmental depredation. To achieve this
objective, the Central government has already passed the Water (Prevention
and Control of Pollution) Act in 1974, followed by the Air (Prevention and
Control of Pollution) Act in 1981. Similar laws have been passed by many
state governments in connection with water and air pollution.
Some states have enacted statutes related to Noise Pollution e.g., the
Rajasthan Noises Control Act (1963). Bihar Control of the Use of
Loudspeakers Act (1955) and the U.P. Nagar Mahapalika rules 1987. There
exists also the Madhya Pradesh Control of Music and Noises Act (1951).
However, there is no Central Law in India that deals exclusively with the
problems of excessive noise and its control.
The Uttar Pradesh Nagar Mahapalika (Prohibition of Noise and

Regulation of Loudspeakers) Rules, 1987:
Prohibition on use of Loudspeakers:

No person shall, without the written permission of Mukhya Nagar Adhikari
or any officer authorised by him in this behalf, and without complying with
the conditions laid down in these rules, use loudspeakers whether it is
stationary or is fitted within or outside any house/premises or is fitted on
any temporary structure, tent, car, lorry, bus, truck, tractor or any other
vehicle or any mobile carrier within the limits of the Nagar Mahapalika.
Provided that the permission for the use of the loudspeaker for the official
purpose, exhibiting pictures in a cinema hall licensed under the Indian
35
Cinematograph Rules and religious purpose in a religious institution subject

to the restriction laid down in Rule 5 will not be necessary.
Permission for use of loudspeaker:

(1) Any person desirous of using a loudspeaker shall submit an application,
in duplicate in Form ‘A’ together with the fee payable to the licensing officer
who shall either refuse the permission applied for in the interest of public
safety and convenience and order for the refund of the permission fee to the
applicant or shall grant the permission, subject to such conditions which he
may impose in public interest.
(2) In the event of Section 144 of Indian Penal Code being enforced in the
city or any part thereof, permission, or certified copy of the permission,
obtained from the magistrate shall be necessary to be enclosed with the
application under sub- rule (1).
(3) If after the grant of permission under sub-rule (1) of Section 144 of the
Indian Penal Code is enforced in the city the permission shall be deemed to
have been cancelled and all the permission granted in such period shall be
subject to the order of the magistrate.
Time for the use of loudspeakers:

The permission granted by the licensing officer for the use of loudspeakers
in public meeting, marriages, mushaira, kavi-sammelan, sangeet-sammelan,
sports, theatre, stage-drama, religious keertan and religious and cultural
programmes, election propaganda and other uses shall be from 8 A.M. to 10
P.M. during winter season and from 7 A.M. to 11 P.M. during the summer.
Permission of the District Magistrate shall be necessary for using the
loudspeaker beyond the prescribed time. For the purposes of this rule
summer period shall be from 1st of March to 30th September and the winter
period shall be from 1st of October to the end of February in every year.
Trade of noise:
No person shall use, sell or let on hire the loudspeaker within the limits of
Nagar Mahapalika without prior permission of the licensing officer under
these rules.
Prohibition of public nuisance:

Every trader shall fix governor to keep the sound of every loudspeaker at the
lowest pitch and no other appliance shall be used in a way that it may fall
within the purview of public nuisance defined under the Indian Penal Code.
This condition shall be laid down in the permission issued for the purpose.
Permission not to be given in certain cases:

No permission for the use of loudspeaker shall be given or applicable within
a radius of 100 meters from the premises of a Hospital, a Court, a Library, a
Government office, a quasi-Government office, a Hostel, a School, a College
or a University.
Penalties and compounding of offences:

36
(1) Whoever keeps, lets or uses any loudspeaker in contravention of these

rules shall be punished with fine which may extend to five hundred rupees,
and in the case of continuing breach with fine which may extend to twenty
rupees for every day during which the breach continues after conviction for
first breach.
(2) Notwithstanding anything contained in sub-rule (1) the Mukhya Nagar
Adhikari may compound any offence punishable under these rules on such
terms and conditions as he thinks fit.
Q13. What are the laws protecting Wild Life and Forest in India? Name the
authorities under the wild life act.
Q14. Describe the procedure for declaring a sanctuary under Wild Life
Protection Act.
Ans: Refer Pages 347, 351, 354
Wild Life Protection Act 1972
This Act provides for the protection of the country’s wild animals, birds, and
plant species, in order to ensure environmental and ecological security.
Among other things, the Act lays down restrictions on hunting many animal
species. The Act was last amended in the year 2006. An Amendment bill was
introduced in the Rajya Sabha in 2013 and referred to a Standing
Committee, but it was withdrawn in 2015.
Constitutional Provisions for the Wildlife Act
Article 48A of the Constitution of India directs the State to protect and
improve the environment and safeguard wildlife and forests. This article was
added to the Constitution by the 42nd Amendment in 1976.
Article 51A imposes certain fundamental duties for the people of India. One
of them is to protect and improve the natural environment including forests,
lakes, rivers, and wildlife and to have compassion for living creatures.
History of wildlife protection legislation in India
 The first such law was passed by the British Indian Government in
1887 called the Wild Birds Protection Act, 1887. The law sought to
prohibit the possession and sale of specified wild birds that were
either killed or captured during a breeding session.
 A second law was enacted in 1912 called the Wild Birds and Animals
Protection Act. This was amended in 1935 when the Wild Birds and
Animals Protection (Amendment) Act 1935 was passed.
 During the British Raj, wildlife protection was not accorded priority. It
was only in 1960 that the issue of protection of wildlife and the
prevention of certain species from becoming extinct came into the fore.
37
Need for the Wildlife Protection Act

Wildlife is a part of ‘forests’ and this was a state subject until the Parliament
passed this law in 1972. Now it is in Concurrent List. Reasons for a
nationwide law in the domain of environment particularly wildlife is as
owing to the following factors:
1. India is a treasure-trove of varied flora and fauna. Many species were

seeing a rapid decline in numbers. For instance, it was mentioned by
Edward Pritchard Gee (A naturalist), that at the turn of the 20th
century, India was home to close to 40000 tigers. But, a census in
1972 showed this number drastically reduced to about 1827.
2. A drastic decrease in the flora and fauna can cause ecological
imbalance, which affects many aspects of climate and the ecosystem.
3. The most recent Act passed during the British era in this regard was
the Wild Birds and Animals Protection, 1935. This needed to be
upgraded as the punishments awarded to poachers and traders of
wildlife products were disproportionate to the huge financial benefits
that accrue to them.
4. There were only five national parks in India prior to the enactment
of this Act.
Salient Features of Wildlife Protection Act

This Act provides for the protection of a listed species of animals, birds, and
plants, and also for the establishment of a network of ecologically-important
protected areas in the country.
 The Act provides for the formation of wildlife advisory boards, wildlife
wardens, specifies their powers and duties, etc.
 It helped India become a party to the Convention on International
Trade on Endangered Species of Wild Fauna and Flora (CITES).
 CITES is a multilateral treaty with the objective of protecting

endangered animals and plants.
 It is also known as the Washington Convention and was
adopted as a result of a meeting of IUCN members.
 For the first time, a comprehensive list of the endangered wildlife was
prepared.
 The Act prohibited the hunting of endangered species was passed
 Scheduled animals are prohibited from being traded as per the Act’s
provisions.
 The Act provides for licenses for sale, transfer, and possession of some
wildlife species.
 It provides for the establishment of wildlife sanctuaries, national
parks, etc.
38
 Its provisions paved the way for the formation of the Central Zoo
Authority. This is the central body responsible for the oversight of
zoos in India. It was established in 1992.
 The Act created six schedules which gave varying degrees of
protection to classes of flora and fauna.
 Schedule I and Schedule II (Part II) get absolute protection, and
offences under these schedules attract the maximum penalties.
 The schedules also include species that may be hunted.
 The National Board for Wildlife was constituted as a statutory
organization under the provisions of this Act.
 This is an advisory board that offers advice to the central
government on issues of wildlife conservation in India.
 It is also the apex body to review and approve all matters related
to wildlife, projects of national parks, sanctuaries, etc.
 The chief function of the Board is to promote the conservation
and development of wildlife and forests.
 It is chaired by the Prime Minister.
 The Act also provided for the establishment of the National Tiger
Conservation Authority.
 It is a statutory body of the Ministry of Environment, Forest and
Climate Change with an overall supervisory and coordination
part, performing capacities as given in the Act.
 Its mandate is to strengthen tiger conservation in India.
 It gives statutory authority to Project Tiger which was
launched in 1973 and has put the endangered tiger on a
guaranteed path of revival by protecting it from extinction.
Protected Areas under the Wildlife Protection Act

There are five types of protected areas as provided under the Act. They are
described below.
1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned,
and abused wildlife is allowed to live in peace in their natural environment
without any human intervention.”
1. They are naturally-occurring areas where endangered species are

protected from poaching, hunting, and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the
sanctuaries.
5. A wildlife sanctuary is declared by the State government by a
Notification. Boundaries can be altered by a Resolution of the
State Legislature.
6. Human activities such as timber harvesting, collecting minor forest
products, and private ownership rights are permitted as long as they
39
do not interfere with the animals’ well-being. Limited human activity

is permitted.
7. They are open to the general public. But people are not allowed
unescorted. There are restrictions as to who can enter and/or reside
within the limits of the sanctuary. Only public servants (and his/her
family), persons who own immovable property inside, etc. are allowed.
People using the highways which pass through sanctuaries are also
allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are permitted inside so that they can study
the area and its inhabitants.
10. The Chief Wildlife Warden (who is the authority to control,
manage and maintain all sanctuaries) may grant permission to
persons for entry or residence in the sanctuary for the study of
wildlife, scientific research, photography, the transaction of any lawful
business with persons residing inside, and tourism.
11. Sanctuaries can be upgraded to the status of a ‘National Park’.
12. Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat);
Vedanthangal Bird Sanctuary in Tamil Nadu (oldest bird sanctuary in
India); Dandeli Wildlife Sanctuary (Karnataka).
2. National Parks: “National Parks are the areas that are set by the
government to conserve the natural environment.”
1. A national park has more restrictions as compared to a

wildlife sanctuary.
2. National parks can be declared by the State government
by Notification. No alteration of the boundaries of a
national park shall be made except on a resolution passed
by the State Legislature.
3. The main objective of a national park is to protect the
natural environment of the area and biodiversity
conservation.
4. The landscape, fauna, and flora are present in their
natural state in national parks.
5. Their boundaries are fixed and defined.
6. Here, no human activity is allowed.
7. Grazing of livestock and private tenurial rights are not
permitted here.
8. Species mentioned in the Schedules of the Wildlife Act are
not allowed to be hunted or captured.
9. No person shall destroy, remove, or exploit any wildlife
from a National Park or destroy or damage the habitat of
any wild animal or deprive any wild animal of its habitat
within a national park.
10. They cannot be downgraded to the status of a
‘sanctuary’.
11. Examples: Bandipur National Park in Karnataka;
Hemis National Park in Jammu & Kashmir; Kaziranga
40
National Park in Assam. See more on List of National

Parks in India.
3. Conservation Reserves: The State government may declare an area

(particularly those adjacent to sanctuaries or parks) as conservation
reserves after consulting with local communities.
4. Community Reserves: The State government may declare any private or
community land as a community reserve after consultation with the local
community or an individual who has volunteered to conserve the wildlife.
5. Tiger Reserves: These areas are reserved for the protection and
conservation of tigers in India. They are declared on the recommendations of
the National Tiger Conservation Authority.
The amended Wildlife Act doesn’t allow any commercial exploitation of
forest produce in both wildlife sanctuaries and national parks, and local
communities are allowed to collect forest produce only for their bona
fide requirements.
Schedules of the Wildlife Protection Act

There are six schedules provided in the Wildlife Protection Act. They are
discussed in the table below.
Schedule I Schedule II
 This Schedule covers endangered  Animals under this list are also

species. accorded high protection.
 These species need rigorous protection  Their trade is prohibited.
and therefore, the harshest penalties  They cannot be hunted except
for violation of the law are under this under threat to human life.
Schedule.
 Examples: Kohinoor (insect),
 Species under this Schedule are Assamese Macaque, Bengal
prohibited to be hunted throughout Hanuman langur, Large Indian
India, except under threat to human Civet, Indian Fox, Larger
life. Kashmir Flying Squirrel,
 Absolute protection is accorded to Kashmir Fox, etc.
species on this list.
 The Trade of these animals is
prohibited.
 Examples: tiger, blackbuck, Himalayan
Brown Bear, Brow-Antlered Deer, Blue
whale, Common Dolphin, Cheetah,
Clouded Leopard, hornbills, Indian
Gazelle, etc.
Schedule III & IV Schedule V

41
 This list is for species that are not  This schedule contains animals
endangered. that can be hunted.
 This includes protected species but the  Examples: mice, rat, common
penalty for any violation is less crow, fruit bats, etc.
compared to the first two schedules.
 Examples: hyena, Himalayan rat,
porcupine, flying fox, Malabar tree toad,
etc.
Schedule VI
 This list contains plants that are forbidden from cultivation.

 Examples: pitcher plant, blue vanda, red vanda, kuth, etc.
How many Schedules are there in the Wildlife Protection Act 1972?
There are six schedules under the Act.
In which state Wildlife Protection Act is not applicable?

The Act is applicable throughout India.
What steps have been taken by the government to conserve wildlife?

The government enacted the Wildlife (Protection) Act in 1972 which laid
down a comprehensive set of rules and regulations with respect to the
protection of wildlife in India. It laid down the provisions for the setting up of
national parks, wildlife sanctuaries, etc. Project Tiger is being implemented
which has caused the dwindling tiger population to increase. The country
saw a 30% rise in the tiger population from 2010 to 2014.
What are the major threats to wildlife?

 Some of the major threats to wildlife are:
 Habitat destruction/degradation/fragmentation
 Overexploitation of habitat resources
 Hunting
 Poaching
 Climate change
 Pollution
How does the extinction of species affect the environment?

Every living thing on this planet has a role to play in the ecosystem and the
food chain. The extinction of any one species will have an impact on forests,
cause loss of food for certain species, affect the way diseases travel in the
animal world, etc.
42
How wild life sanctuaries are created?
A wildlife sanctuary is declared by the State government by a Notification.

Boundaries can be altered by a Resolution of the State Legislature.
The central government, if satisfied with the conditions of the specified area,
can declare it as a sanctuary or a national park by the notification. The
central government has the power to declare sanctuaries or national parks if
the government is satisfied by the conditions which are given in Section 35.
Section 35: Declaration of National Parks.—
 Whenever it appears to the State Government that an area, whether

within a sanctuary or not, is, by reason of its ecological, faunal, floral,
geomorphological or zoological association or importance, needed to
be constituted as a National Park for the purpose of protecting,
propagating or developing wild life therein or its environment, it may,
by notification, declare its intention to constitute such area as a
National Park: 1[Provided that where any part of the territorial waters
is proposed to be included in such National Park, the provisions of
section 26A shall, as far as may be, apply in relation to the declaration
of a National Park as they apply in relation to the declaration of a
sanctuary.
 The notification referred to in sub-section (1) shall define the limits of
the area which is intended to be declared as a National Park.
 Where any area is intended to be declared as a National Park, the
provisions of sections 2[19 to 26A (both inclusive except clause (c) of
sub-section (2) of section 24)] shall, as far as may be, apply to the
investigation and determination of claims, and extinguishment of
rights, in relation to any land in such area as they apply to the said
matters in relation to any land in a sanctuary.
AUTHORITIES AS PER WILD LIFE PROTECTION ACT 1972
The act provides for appointment of Director and other officers.

It states that the Central Government may, for the purposes of this Act,
appoint
 A Director of Wild Life Preservation- In the performance of his duties and
exercise of his powers by or under this Act, the Director shall be subject to
such general or special directions, as the Central Government may, from
time to time, give.
 Appointment of Life Warden and other officers: The State Government May,
for the purpose of this Act, appoint
 a Chief Wild Life Warden: In the performance of his duties and exercise of
his powers by or under this Act, the Chief Wild Life Warden shall be subject
to such general or special directions, as the State Government may from
time to time.
43
 Wild Life Wardens and Honorary Wild Life Wardens: The Wild Life
Warden, the Honorary Wild Life Warden and other officers and employees
appointed under this section shall be subordinate to the Chief Wild Life
Warden
 Power to Delegate: As per the act, the Director may, with the previous
approval of the Central Government, by order in writing, delegate all or any
of his powers and duties under this Act to any officer subordinate to him
subject to such conditions, if any, as may be specified in the order and Chief
Wild Life Warden can do so with the approval of State Government
National Board for Wild Life & its Composition

It states that Central Government shall, within three months from the date
of commencement of the Wild Life (Protection) Amendment Act, 2002
constitute the National Board for Wild Life consisting of the following
members, namely:
1. The Prime Minister as Chairperson
2. The Minister in-charge of Forests and Wild Life as Vice-Chairperson
3. Three members of Parliament of whom two shall be from the House of the
People and one from the Council of States
4. Member, Planning Commission (Niti Aayog replaced it) in-charge of Forests
and Wild Life
5. Five persons to represent non-governmental organizations to be nominated
by the Central Government
6. Ten persons to be nominated by the Central Government from amongst
eminent conservationists, ecologists and environmentalists
7. The Secretary to the Government of India in-charge of the Ministry or
Department of the Central Government dealing with Forests and Wild Life
8. The Chief of the Army Staff
9. The Secretary to the Government of India in-charge of the Ministry of
Defence
10. The Secretary to the Government of India in-charge of the Ministry of
Information and Broadcasting
11. The Secretary to the Government of India in-charge of the Department
of Expenditure, Ministry of Finance
12. The Secretary to the Government of India, Ministry of Tribal Welfare
13. The Directors of -General of Forests in the Ministry or Department of
the Central Government dealing with Forests and Wild Life
14. The Director-General of Tourism, Government of India
15. The Director-General, Indian Council for Forestry Research and
Education, Dehradun
16. The Director, Wild Life Institute of India, Dehradun
17. The Director, Zoological Survey of India
18. The Director, Botanical Survey of India
19. The Director, Indian Veterinary Research Institute
20. The Member-Secretary, Central Zoo Authority
21. The Director, National Institute of Oceanography
22. one representative each from ten States and Union territories by
rotation, to be nominated by the Central Government
44
23. The Director of Wild Life Preservation who shall be the Member-
Secretary of the National Board
The term of office of the members other than those who are members ex
officio, the manner of filling vacancies referred to in clauses (e), (f) and (v) of
sub-section (1), and the procedure to be followed in the discharge of their
functions by the members of the National Board shall be such, as may be
prescribed.
The members (except members ex officio) shall be entitled to receive such
allowances in respect of expenses incurred in the performance of their
duties as may be prescribe
Standing Committee of the National Board.

 The National Board may, in its discretion, constitute a Standing Committee
for the purpose of exercising such powers and performing such duties as
may be delegated to the Committee by the National Board.
 The Standing Committee shall consist of the Vice-Chairperson, the Member-
Secretary, and not more than ten me
Functions of the National Board
 It shall be the duty of the National Board to promote the conservation and
development of wild life and forests by such measures as it thinks fit.
 Without prejudice to the generality of the foregoing provision, the measures
referred to therein may provide for:
 Framing policies and advising the Central Government and the State
Governments on the ways and means of promoting wild life conservation
and effectively controlling poaching and illegal trade of wild life and its
products
 Making recommendations on the setting up of and management of national
parks, sanctuaries and other protected areas and on matters relating to
restriction of activities in those areas
 Carrying out or causing to be carried but impact assessment of various
projects and activities on wild life or its habitat
 Reviewing from time to time, the progress in the field of wild life
conservation in the country and suggesting measures for improvement
thereto; and
 Preparing and publishing a status report at least once in two years on wild
life in the country.
Constitution of State Board for Wild Life
The State Government shall, within a period of six months from the date of
commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of
2003) constitute a State Board for Wild Life consisting of the following
members, namely:
 The Chief Minister of the State and in case of the Union territory, either
Chief Minister or Administrator, as the case may be – Chairperson
 The Minister in-charge of Forests and Wild Life – Vice-Chairperson
 Three members of the State Legislature or in the case of a Union territory
with Legislature, two members of the Legislative Assembly of that Union
territory
45
 Three persons to represent non-governmental organizations dealing with

wild life to be nominated by the State Government
 Ten persons to be nominated by the State Government from amongst
eminent conservationists, ecologists and environmentalists including at
least two representatives of the Scheduled Tribes;
 The Secretary to the State Government or the Government of the Union
territory, as the case may be, in-charge of Forests and Wild Life
 The Officer in-charge of the State Forest Department
 The Secretary to the State Government, Department of Tribal Welfare
 The Managing Director, State Tourism Development Corporation
 An officer of the State Police Department not below the rank of Inspector-
General;
 A representative of the Armed Forces not below the rank of a Brigadier to be
nominated by the Central Government
 The Director, Department of Animal Husbandry of the State
 The Director, Department of Fisheries of the State
 An officer to be nominated by the Director, Wild Life Preservation
 A representative of the Wild Life Institute of India, Dehradun
 A representative of the Botanical Survey of India
 A representative of the Zoological Survey of India
 The Chief Wild Life Warden, who shall be the Member-Secretary.
Q15. Write short notes on Forest Act 1980.

Answer.
Need for Forest Conservation Act, 1980

Forests are an important resource that nature can bestow upon mankind.
Therefore, it is the duty of every citizen to preserve the ecosystems of forests.
But due to rapid deforestation, the cycle of nature is itself being disrupted.
Therefore, the need to bring about a law to ensure the preservation of forest
was needed.
One of the first legal drafts to protect forest tracts was the Indian Forest Act,
1865 replaced by a 1927 version of the same act. However, it was more
geared towards protecting the commercial interests of the British Empire in
India.
The act gave authority to the British to restrict tribal activities by levying
taxes on timber and forest services. In other words, it mainly regulated the
cutting of timber and flow of raw materials rather than protecting forests.
Upon independence, the President of India enforced the Forest
(Conservation) Ordinance in 1980 which was later repealed by virtue of
Section 5 of the Forest (Conservation) Act, 1980. Under the 1980 Act, the
restriction was made on the use of the forests for non-forest purposes.
Objectives of the Forest Conservation Act 1980

46
The aim of the Forest is to preserve the forest ecosystem of India by fulfilling
the following objectives:
1. Protect the forest along with its flora, fauna and other diverse
ecological components while preserving the integrity and territory of
the forests.
2. Arrest the loss of forest biodiversity
3. Prevent forest lands being converted into agricultural, grazing or for
any other commercial purposes and intentions.
Features of the Forest Conservation Act 1980

The Forest Conservation Act of 1980 come with the following features:
1. The Act restricts the state government and other authorities to take
decisions first without permission from the central government.
2. The Forest Conservation Act gives complete authority to the Central
government to carry out the objectives of the act.
3. The Act levies penalties in case of violations of the provisions of FCA.
4. The Forest Conservation Act will have an advisory committee which
will help the Central government with regard to forest conservation.
Important Sections of the Forest Conservation Act, 1980

Section 1: Title and scope
The law applies to the whole of India except for Jammu and Kashmir.
However, when Article 370 was removed, it meant all laws at the central
level became applicable. But only 37 laws apply to Jammu and Kashmir at
the moment and the Forest Conservation Act of 1980 is not one of them
Section 2: Restriction of forests being used for non-forest purposes.
The section lists restrictions where state authorities cannot make laws
regarding forest without the permissions of the Central Government. The
emphasis is on ‘non forest purposes’ which means that clearing forest land
for the planting of:
1. Tea
2. Coffee
3. Spices
4. Rubber
5. Palms
6. Oil-bearing
7. Medicinal plants
Section 3: Advisory committee

As per Section 3 of this Act, the Central government has the power to
constitute an advisory committee to advice on matters related to advising
the central government on the preservation of forests
47
Amendments to the Forest Conservation Act, 1980

In order to balance economic and ecological concerns regarding the Forest
Conservation Act, 1980 several amendments were proposed by the Union
Ministry of Environment, Forest and Climate Change in March 2021. Some
amendments were as follows:
1.The proposed new ‘section 1A’ created provision which exempts survey
and exploration for underground oil and natural gas. In other words, such
activities will no longer be classified as a ‘non-forest activity’ and will not
require permission from the government,
However, there will be certain conditions laid by the Central Government to
carry out such activities, one of which being, survey and drilling activities
will not be carried out within the proximity of wildlife sanctuaries.
2. Land acquired for railway networks will not be applicable to FCA and be
exempt. Of course, certain guidelines will be laid down by the Central
government, which will include planting trees to compensate for the loss of
forest lands.
3. Section 2 of the FCA requires government approval for leasing forest
lands not owned by the central government for any commercial purposes to
private entities.
This clause has been deleted in the proposed amendment. This will enable
state governments to lease forest lands without the Central government’s
approval.
4. A new explanation to Section 2 proposes to exempt plantation of native
species of palm and oil-bearing trees from the definition of “non-forest
purpose”.
The government will only impose conditions for compensatory afforestation
and payment of other levies and compensations.
5. The proposed amendments to FCA add to the list of non-forestry purposes
activities such as building checkpoints, fence boundary, and communication
infrastructure.
It may also add ecotourism facilities approved under the Forest Working
Plan or Working Scheme approved by the central government.
Frequently asked Questions Related to Forest Conservation Act 1980
What is the main purpose of the Forest Conservation Act 1980?

The purpose of this Act is to foster recognition of the forest as a common
heritage and promote sustainable forest development in order to meet the
economic, environmental and social needs of present and future generations
while giving proper consideration to other potential uses of the territory.
How can the laws under FCA be carried out?

48
Section 4 of the Forest Conservation Act empowers the Central government

to carry out the laws described under the act. It is done through an officially
notified gazette. Until the formation of a new rule it should be presented
before the parliament within thirty days.
Q16. Discuss Air (Prevention and Control of Pollution) Act 1981

Ans. The Air (Prevention and Control of Pollution) Act of 1981, or the Air
Act, in short, was a law passed by the Parliament of India to prevent and
control the harmful effects of air pollution in India. This act is seen as the
first concrete step taken by the government of India to combat air pollution.
Why should you read about the Air Act 1981?
 A study has been released in the Lancet Journal in January 2021

about air pollution and its effects on pregnancy. According to the
report, air pollution in India increases the risk of pregnancy losses in
India and a few other nations in South Asia.
 India cities of Delhi, Kolkata and Mumbai make in the list of top 10
world’s most polluted cities. It has been reported in the recent
IQAir’s World Air Quality Report.
 The issue of stubble burning is a recurrent topic in the news.
Why was Air (Prevention and Control of Pollution) Act of 1981 passed?
The effects of climate change caused by all forms of pollution became all too
apparent in the early 1970s. To mitigate their harmful effects it was believed
that nations would need to pass their own laws. Thus during the United
Nations General Assembly on Human Environment held in Stockholm in
June 1972, a resolution was passed which implored the nations of the world
to preserve natural resources such as air.
India itself had issues regarding air pollution due to a wide variety of factors
such as stubble burning, improper industrial practices, environmental
factors etc. To combat these factors a special law was enacted under
the Constitution of India, which was the Air (Prevention and Control of
Pollution) Act of 1981.
What are the definitions under the Air Act?

The following are the definitions under the Air (Prevention and Control of
Pollution) Act.
 Section 2(a) defines an ‘air pollutants’ as any solid liquid or gaseous

substance which may cause harm or damage the environment,
humans, plants, animals or even damage property. A 1987
amendment to the act also added ‘noise’ in the list of harmful
substances.
49
 The air act defines ‘air pollution’ as the presence of any dangerous
pollutant that makes the air unbreathable
Section 2 (g) of the Act also set up the Central Pollution Control Board
(CPCB) whose powers extended to the whole of India. To carry out the
directives of the CPCB the act also called for the setting up of the State
Pollution Control Board (SPCB) for the individual states of India
To know what are the Pollution Measurements adopted by the CPCB visit
the linked article
Penalties and Procedure under the Air Act

The failure to comply with the Central Pollution Control Board directives
would result in imprisonment of 1 year. It can be extended to 6 years with a
fine with the additional fine of 5000Rs per day added provided the directives
are still not met.
For more notes on UPSC Polity, visit the linked article
Any environmental complaint will only be taken into consideration by a
court if it is made by the following:
 An officer authorised by the CPCB

 A person who has made a complaint to the board or an officer
authorised by it. The complaint must be made within sixty days of the
offence committed
FAQs on Air (Prevention and Control of Pollution) Act, 1981
Q 1. What are the key features of the Air (Prevention and Control of
Pollution) Act, 1981?
Ans. The key features of the Act include:
 Advising Central Government of Air and Air Pollution related issues

 Research about the causes and impact of Air Pollution
 Spread awareness to stop air pollution
 To establish central and State Boards and empower them to monitor
air quality and control pollution
Q 2. How can air pollution harm the environment?

Ans. Air pollution can lead to global warming, smog, respiratory problems,
change in climate and affect the overall biodiversity and ecosystem.
50

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1

ENVIRONMENT LAW - LLB III YEAR

Q1. Define Environment and other terms associated with environment.

According to Goudie… Environment is the representative of physical

CC Park defines it as sum total of all conditions or ecosystem which

Ecosystem: An assemblage of species of plants and animals inhabiting a

In SHORT: Assemblage of species of living things is Biotic Community – A

Biosphere: Coined in 1875 by eminent geologist Edurd Suess, the concept

Bio-Diversity: Biodiversity is all the different kinds of life you'll find in

Eco-Marks: Eco-mark is a certification mark issued by the Bureau of

Bio-Medical Waste: Any waste, which is generated during the diagnosis,

 Human anatomical waste like tissues, organs and body parts

The biomedical waste (BMW) management requires its categorisation as a

Sustainable Development: Sustainable development was defined in the

present generation without compromising the ability of future generations to

 Circular economy. Thorn aims to improve resource efficiency through

Global Warming: Global warming is a gradual increase in the earth's

Hazardous Substances: These are substances which are liable to cause

POLLUTION: Derived from Latin Polutus. It denotes the presence of wrong

Royal Commission on Environmental Pollution in UK, in its third report gave

The American environmental jurisprudence offers another definition of

FACTORS THAT CAUSE ENVIRONMENTAL POLLUTION:

damaging soil quality, has also resulted in environmental

Note: Trial Smelter Arbitration Case (1930) using lead and

Air pollution can be controlled to some extent by taking

o Water: Life without water is not imaginable. Our planet is

chemical substances, thermal waste, radioactive substance,

o Land / soil: It means pollution of and degradation of surface of

o Noise: Unwanted loud senseless noise. Excessive levels of

o Food pollution: Use of chemical fertilizers and processed

o Radioactive Pollution: Radiation emitted from radioactive

substances and their emission is called as radio active

Answer: In pursuance of the Stockholm Declaration 1972, several

 Handling means in relation any Substances, the manufacture

General Powers of the Central Govt (Section 3 to 6)

Penalties & Punishments: Section 15 to 17 of the ACT provides for the

NOTE: See General Powers and Duties of State Govt in Book

Q4. Discuss Stockholm Conference 1972, RIO Conference, Vienna

Ans. United Nations Conference on Human Environment, or UNCHE

notable example was the final declaration, which elucidated 26 principles

The final declaration was a statement of human rights as well as an

1. To strengthen the Vienna Convention’s goals of protecting the ozone

 Trust Fund for Vienna Convention

8. COP or Conference of Parties is held every three years.

India’s Actions in protecting the Ozone Layer

 The Ministry of Environment, Forest & Climate Change is entrusted

RIO Conference: This relates to the following three conventions, which

 UNFCCC, the abbreviation of United Nations Framework Convention

The Convention on Biological Diversity (CBD)

populations across the planet, the Convention works to prevent species

1. “The conservation of biological diversity"

The Convention on Biological Diversity (CBD)

Desertification, land degradation and drought (DLDD) through a newly

Q5. Write about Ganga Pollution Case – Short Notes.

Ganga is a trans-boundary river

population of approx. 29.2 lakhs

writ petition was bifurcated by

million). At this juncture of its

parts known as Mehta I and

amounts of toxic waste from the

 1985 in the pilgrimage city of Haridwar, along the Ganga; a matchstick

ISSUES RAISED WERE AS FOLLOWS