AIR POLLUTION IN INDIA - A

CRITICAL STUDY
A Thesis
SUMITTED TO

A Dissertation For
THE DEGREE OF
MASTERS OF LAWS (LL.M)
REGISTRATION NO: 213022620019
UNDER THE SUPERVISION SUBMITTED BY:
Guide : Dr. Dipti Choydhary Seema Sharma

Proof. in Law Roll No: - 213022620019

KURUKSHETRA UNIVERSITY
2021-2023

DECLARATION

I, Seema Sharma student of LL M bearing Roll. No.

213022620019 of “Kurukshetra University, hereby declare

that this dissertation work entitled " Air Pollution In India -

i
A Critical Study” is my genuine work carried out under the
active guidance of Dr. Dipti Choydhary. It is an outcome of my
own work and it has neither fully nor in part ever been submitted
beforehand for any other purposes.

Dr. Dipti Choydhary

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 CERTIFICATE

This is to certify that Seema Sharma a student of, LL.M bearing

Roll. No. 213022620019 and of Kurukshetra University, has

carried out the research work titled " Air Pollution In India -
A Critical Study " under my guidance as a partial fulfilment of
the degree of Master of Laws (LL.M).

Seema Sharma has consulted various, books, journals, periodicals,

websites and enactments to make her dissertation complete and
exhaustive. The research activities embody in this dissertation is
original one and has not submitted before any institute/University for
award of any degree. This is an excellent piece of work worthy to be
considered.

I wish him all success in life.

Guide : Dr. Dipti Choydhary

Proof. in Law

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 ACKNOWLEDGEMENT

It gives me immense pleasure and sense of gratitude to acknowledge

my indebtedness to my Honorable teacher and Research supervisor
Dr. Dipti Choydhary, Kurukshetra University, This project
would not have been possible without the kind time and advice of a
highly regarded instructor. With equal sincerity, I can say that his
empathetic demeanour, intellectual direction, and deep interest in the
work have inspired me at every step of my endeavours. I'd like to
publicly thank the other educators in my department for the amazing
moral support they've always given me.
I am thankful to my parents and my family members who shared
with me their precious encouragement was time and encouraged me
to complete this work.

Seema Sharma

LIST OF ABBREVIATIONS

 AQI - Air Quality Index

 PM - Particulate Matter
 SO2 - Sulfur Dioxide
 NOx - Nitrogen Oxides
 CO - Carbon Monoxide

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 O3 - Ozone
 VOCs - Volatile Organic Compounds
 PPM - Parts Per Million
 µg/m³ - Micrograms per cubic meter
 CAAQMS - Continuous Ambient Air Quality
Monitoring Stations
 CPCB - Central Pollution Control Board
 MoEFCC - Ministry of Environment, Forest and
Climate Change
 NAAQS - National Ambient Air Quality Standards
 NCR - National Capital Region
 NEERI - National Environmental Engineering Research
Institute
 IMAQS - Industrial and Metropolitian Air Quality
Studies
 UAPC - Urban Air Pollution Control
 IIT - Indian Institute of Technology
 NGO - Non-Governmental Organization
 IPPC - Integrated Pollution Prevention and Control

LIST OF CASES
 Delhi Smog Crisis:
 Industrial Pollution in Kanpur:
 Rapid Urbanization in Mumbai:
 Crop Burning in Punjab and Haryana:
 Coal-fired Power Plants:
 Traffic Congestion in Bengaluru:
 Indoor Air Pollution:

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 Construction Activities in Chennai:
 Emission Standards and Enforcement:

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 TABLE OF CONTENTS

Contents

CHAPTER: 1........................................................................................1
INTRODUCTION..................................................................................1
1.1 Background Of The Study.............................................................1
1.2 The Goal Of The Study..................................................................4
1.3 Scope Of The Study......................................................................4
1.4 Objectives.....................................................................................4
1.5 Hypothesis....................................................................................5
1.6 Research Question.....................................................................12
1.7 Methodology..............................................................................12
1.8 Literature Identification And Review..........................................13
1.9 Composition Of The Thesis.........................................................14
CHAPTER: 2......................................................................................15
ECOLOGY AND THE LAW..................................................................15
2.1 Introduction...............................................................................15
2.2 Meaning Of Ecology...................................................................16
2.3 Definition of Ecology..................................................................16
2.4 The Goal Of Ecology...................................................................18
2.5 The Study Of Ecology..................................................................18
2.6 Importance Of Study Of Ecology................................................18
2.7 Scope Of Ecology........................................................................20
2.8 Ecology Its Relation With Law....................................................20
2.9 Ecology And Legislative Measures..............................................21
2.10 Environment laws in India........................................................22
2.11 Conclusion................................................................................36
CHAPTER: 3......................................................................................37
ECOLOGY AND INDIAN CONSTITUTION............................................37
3.1 Introduction...............................................................................37
3.2 Environment And It's Relation With Citizens:.............................38
3.3 Legislative Matters And Environment Protection.......................39
3.4 International Environment Agreements.....................................40

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3.5 Responsibility Of State For Environment Protection..................41
3.6 Constitutional Provisions............................................................42
3.7 Right to Equality and Environment Protection (Article 14)........44
3.8 Directive Principle of State Policy (Article 48(A)):.......................48
3.9 Article 51....................................................................................49
3.10 Article 253................................................................................51
3.11 Conclusion................................................................................51
CHAPTER: 4......................................................................................52
INTERNATIONAL HISTORICAL PERSPECTIVE OF ECOLOGY................52
4.1 Introduction...............................................................................52
4.2 Historical Background And Scientific Foundation.......................53
4.3 International Environmental Law...............................................54
4.4 Multilateral Environmental Agreement.....................................54
4.5 Sustainable Development Goal..................................................54
4.6 International Environmental Law Governance...........................55
4.7 Reasons For Environmental Crisis..............................................56
4.8 Climate Change Response..........................................................57
4.9 India And Its Impact On Climate Change....................................59
4.10 Conclusion................................................................................59
CHAPTER: 5......................................................................................61
INDIAN JUDICIARY ON ECOLOGY AND AIR POLLUTION....................61
5.1 Judicial Approach In Environment Related Cases.......................62
5.2 Important Cases On Environment..............................................62
5.3 Conclusion..................................................................................79
CHAPTER: 6......................................................................................81
CONCLUSION AND SUGGESTIONS....................................................81
6.1 Conclusion..................................................................................81
6.2 Suggestions................................................................................84

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 CHAPTER: 1
INTRODUCTION

1.1 Background Of The Study

When discussing the importance of environmental issues, the
Indian Supreme Court made the following observation in the
case Tarun vs. Union of India: "A great American Judge
emphasising the imperative issue of environment said that he
placed Government above big business, individual liberty
above Government, and environment above all."This is how
significant the issue at hand is.

At the moment, humanity is a thriving species. The abundance

of his population and the wide range of habitats he occupies are
both indicators of his success. Because of our larger brains,
upright bodies, and grasping hands, we are able to handle
items, pass on information through written records from one
generation to the next, and use this knowledge in tandem with
our physical abilities to drastically alter our planet.

From the beginning of his history, man has had a keen interest
in matters that directly benefit him. Because life does not exist
in a vacuum, it was essential for every member of prehistoric
society to have a working understanding of the plants and
animals native to their area. All living things have a material
environment from which they must obtain essentials such as
food and water. Therefore, a plant, animal, or microbe cannot
live totally enclosed in an impermeable skin or shell, but
instead needs energy, materials, and waste products to be taken
from its environment. Each organism depends on and interacts
with various abiotic and biotic environmental factors to meet
these fundamental requirements.

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The air quality in major cities across India, including
Ahmadabad, Bangalore, Chennai, Delhi, Hyderabad, Kolkata,
and Mumbai, has improved since the late 1990s. While PM10
concentration in the air remained quite high, 9fN02 levels rose
dramatically in Ahmadabad, Bangalore, and Kolkata during
this time. Indicators at the national level show that India
followed the same patterns as the rest of the world from 1996-
2005: a decrease in S02 concentration, a moderate increase in
N02 level, and a stable but high concentration of PM10.

The State Environment Report India 2009, released by Jairam

Ramesh, India's Minister of Environment and Forests, reveals a
number of serious environmental threats to the country's
progress and its future. The ecological ailments caused by
unchecked human activity are stifling India's ability to develop
socially. The paper shows that the negative progress of the
Indian people and the country as a whole is being hampered by
the degradation of land, increasing air pollution, depletion of
water resources, loss of indigenous species of flora and fauna,
and the background of overwhelming poverty.5

India has a double burden of sickness because of pollution.

Malaria, filariasis, and kala-azar, along with many others, are
not yet eradicated and are making a comeback. Cancer, heart
disease, and respiratory illnesses are just some of the major
chronic non-communicable diseases that are on the rise. There
is no denying that our current method of economic expansion is
linked to mounting levels of pollution. Researchers found that
while the Indian economy grew by a factor of 2.5 between 1975
and 1995, the industrial pollution load increased by a factor of
3.47 and the automobile pollution load increased by a factor of
7.5.Indeed, air pollution levels in Indian cities are extremely
high, and residents of these areas are paying a heavy price for
the decline in air quality. According to the World Bank, the

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annual cost of treating diseases related to ambient air pollution
in India is approximately Rs.4550 crores. Consequently, the
study of ecology is more crucial, and the current research is
concerned with "A critical study of ecology and Law with
special reference to Air pollution."

In this first chapter, we will discuss the motivation behind this

study and outline how we hope to apply what we learn. By
doing so, both the researcher and the reader will have an easier
time keeping track of the story's various threads as they relate
to the overarching topic (the research objective).

1.2 The Goal Of The Study

The study's overarching objective is to better understand the
ecological concept, the causes of air pollution, the Indian laws
that address these issues, and potential solutions.

1.3 Scope Of The Study

Smog levels are really high. Our entire globe is impacted by air
pollution. Environmental and pollution laws vary widely over
the world. Environment and pollution regulations in India are
created at the federal level but are enforced at the state level.
So, instead of focusing on just one Indian state, we need to look
at the country as a whole if we want to understand its
environmental legislation. India, then, is the focus of the
current investigation. This thesis focuses on a critical analysis
of environmental and air pollution laws in India.

1.4 Objectives
Everyone has an obligation to be familiar with the law.
"Ignorance of the law is not an excuse" is a guiding principle in
legal theory. However, the reality is that few people understand
their rights under the law. Because of a lack of understanding

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of their legal rights, many individuals sit on the sidelines as
their peaceful way of life is disrupted by a variety of issues.
One such issue is the widespread environmental degradation
caused by things like vehicle pollution, offensive odours from
untreated waste water, excessive noise, contaminated water
supplies, and so on, which affects every single person in the
country. Fortunately, there are regulations that have been
enacted to help with just such situations.

There are enough regulations and a clear environmental

strategy in place to reduce air pollution, yet neither have been
effective in stopping the deterioration of the environment.
Whether or not national and international environmental policy
objectives have been met by legislative measures to control and
abate air pollution is the central question advanced in this
thesis. With these concerns in mind, the overarching goal of
this research is to pinpoint some of the most pressing
challenges to restoring healthy air quality and preventing
further A air pollution. The study also set out to-

1. One goal is to learn about the relationship between

ecological and the law.
2. The purpose of this research is twofold: (2) to learn
about and analyse India's ecological legislation
3. To investigate the nature of air pollution, the causes of
pollution in India, and the severity of the problem in
terms of the concentrations of different contaminants in
the air.
4. To learn about the ecological idea and the connections
between ecology and the law.
5. Finding and analysing the numerous ecological
legislation in India is goal number five.

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 6. Research the causes and effects of air pollution in India,
including its causes and the levels of the various
contaminants in the air..

1.5 Hypothesis
The environment encompasses all of the natural elements that
are essential to human survival and fulfilment. (Nature and its
resources have sufficient potential to feed a large population
and meet most of humanity's needs. When the resources that
nature has set aside to keep the ecological balance are depleted
due to excessive human activity, it throws off the delicate
balance between man and nature, which is essential for human
survival, and gives rise to the problem of environmental
pollution. Pollution in the environment is now seen as a major
crisis on a global scale.A scientific approach based on an
understanding of the ecosystem structure and an examination of
the causes, effects, and extent of environmental degradation is
necessary to avert this catastrophe. Similarly, laws are needed
to curb environmental pollution.

In the 19th and 20th centuries, an environmental crisis unfolded

as a result of development that prioritised economic growth
over ecological sustainability. Urbanisation, modernisation, and
the same for technology and industrial development all
contribute to ecological imbalance. The need to protect and
maintain the quality of our natural environment has never been
greater. As the human population has exploded over the past
few centuries, so has the severity with which human activities
grounded on expanding scientific understanding have treated
the planet's ecosystem. As a result, humanity has changed many
of Earth's defining characteristics and its surrounding
environment.The ability of our environment to sustain human
life is threatened if the current scenario persists. Therefore, it is

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crucial that we take measures to safeguard our natural
environment.

The more we learn about and understand our environment, the

better we can care for it and the better it can care for us. The
study of causes and effects is extensive because they are
ubiquitous. Despite its complexity, the environment, which is
the external physical and biological system in which humans
and other animals exist, must be considered as a whole. Soil,
water, and air are the fundamental elements of our ecosystem.
Ecological balance refers to the state in which all of these
elements are in harmony with one another. Ecology is the
scientific study of how organisms influence and are influenced
by their surroundings. (1975, Helena Curtis). It focuses on how
biotic and abiotic environmental factors control the
development, distribution, behaviour, and survival of living
things. The Herreid-II Report (1977).

Environmental pollution refers to any action that has an adverse

effect on the natural environment. The environment and a
society's legal structure have a close relationship. The notion of
ecosystem and its homeostasis, on the one hand, and human
being and his Society, on the other, must be understood
properly if we are to have a better knowledge of the
relationship between the environment and the law.

We, the people of India, have endured many environmental

disasters, including the Bhopal gas disaster, water pollution in
Ludhiana, Punjab, that is "as bad as can be seen nowhere in the
world" (a WHO consultant), the air pollution problem in Delhi,
Mumbai, Calcutta, and Chennai, and the recent chlorine gas
emission in Mumbai. Unfortunately, I have to record that we
have not learned our lesson from the past and continue to
ignore environmental laws, resulting in further contamination
of the environment. It has long been believed that pollution is

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solely generated by industry and that developing nations need
not worry about pollution until they have reached the
industrialization stage.

India is a fully functioning democracy. Here, you'll find people

from all walks of life and faiths.The population problem, the
main and major cause of pollution, cannot be addressed by
enforcing a Zero Family Planning Policy in this secular society,
as China has done for the past five years. Therefore, on the one
hand, India's population rate has been steadily rising, and on
the other, the country's death rate has been steadily falling
thanks to the widespread availability of sophisticated medical
care. There is an ecological imbalance since we have to use
natural resources to meet the needs of a large population.

The oxygen we breathe is essential to our survival. For a

practical amount of time, we can hold out for the clean water
and food by not using it. Although we may be aware that the air
we breathe is filthy, we cannot afford to stop doing so for even
a minute. The safety and health of its inhabitants depend in
large part on the purity of the air they breathe. Polluted air
makes it hard to breathe, raises the risk of developing
respiratory diseases like asthma and cancer, and can even be
fatal. Air pollution has reached dangerous levels as a result of
increased industrial activity and vehicle traffic, and the
atmosphere is gradually losing its ability to purify itself. The
degradation of air quality poses major risks to the stability of
the atmospheric composition. Larger cities have led to an
increase in traffic, rapid economic expansion, industrialization,
and increased energy use, all of which have contributed to
worsening air pollution. Air pollution is a result of factors such
as the rapid growth of urban populations, changes in individual
consumption habits, and the lack of planning for urban and
industrial expansion.

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In the present day, vehicular emissions are the primary cause of
air pollution in India's urban regions, however industrial and
thermal power plant emissions also play a role. Because of their
proximity to people on the ground, emissions from motor
vehicles pose a special threat. Over the past decade, India has
seen a meteoric rise in the number of factories and automobiles,
as well as the expansion of its urban centres. Because of this,
urban air quality has drastically decreased across the country,
especially in major cities like Delhi, Mumbai, Calcutta, and
Chennai.

High vehicle emissions and poor fuel quality are partly

attributable to India's antiquated and inefficient refining
process. Compared to the rest of the globe, India's diesel has a
lot more sulphur in it. Diesel's sulphur contributes to the
formation of cancer-causing polycyclic hydrocarbon particles.
Pollution is a problem in both urban and rural parts of India due
to the widespread use of kerosene as a substitute for petrol and
diesel in rural vehicles and the widespread adoption of modern
agricultural practises. Rural and urban environments have both
degraded over the past 30 years due to significant economic
development and population increases. Poor rural infrastructure
for agricultural and related developments; inadequate nutrition;
lack of access to clean water; lack of health care; and a lack of
education and medical attention are just some of the significant
environmental challenges encountered by the rural population.
More and more fertilisers and pesticides are being used, and
they are polluting the soil and water.9

Delhi has been named the world's fourth most polluted city by
the World Health Organisation (WHO), which ranks only
megacities. Delhi, however, is not particularly filthy when
compared to other Indian cities. Many areas in the United
States are particularly polluted. Small particulate levels (PM10)

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in Ahmadabad's air are 3-4 times the norm of 60 micro
grammes per cubic metre (mg/m3), according to a recent
announcement from the Central Pollution Control Board
(CPCB), Parivesh, January 2003. The levels of Respirable
Particulate Matter (RSPM) in 29 cities were examined and
ranked in a report. This analysis so verifies the widespread
awareness of the fact that particle pollution is a serious problem
in Indian cities, with 14 cities reaching emergency levels.10

The right to a clean environment has developed as a

fundamental human right since protecting and improving the
ecosystem is essential to ensuring the continued existence of
humans and all other forms of life on Earth. Therefore,
defending Mother Earth necessitates both an understanding of
ecology and the law.

The environmental policy goals of India are implemented and

enforced by a system of laws, statutes, regulatory instruments,
and institutional frameworks. Although environmental
protection is primarily a federal issue (i.e., under the purview of
the Federal Government), it is nonetheless a shared
responsibility between the Federal Government and the
individual states; in accordance with such Federal laws, the
respective state governments develop rules and regulations that
are then carried out by the respective state departments.11

The primary function of environmental legislation is to regulate

the extraction, utilisation, and preservation of natural resources.
They hope to make resource use more sustainable and make it
easier to manage resources according to actual needs. Laws
passed by governments always make the following attempts:

1. First, everyone should have the same amount of

access to the land, water, and other communal
assets.

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 2. managing resources for the "public purpose" and
"national needs" by exploiting them in a way that is
not generational.
3. Third, advocate for the environmentally responsible
growth of human-made infrastructure (such as
services, transportation, housing, industry, waste
management, etc.) and the natural environment.

4. To protect and enhance environmental quality for

the sake of human health and safety.

5. India's approach to environmental management

shifted significantly after the UN Conference on
Human Environment in Stockholm in 1972, in
which the country participated actively. Our
legislature passed the Wildlife Protection Act in
1972 and the Water (Prevention and Control of
Pollution) Act in 1974, which amended the
Constitution by adding Articles 48(A) and 51(A)(g).
With these guarantees in place, the Parliament
passed the Air (Prevention & Control of Pollution)
Act in 1981 and the Environment (Protection) Act in
1986. These laws are an effort to make good on
India's promise to follow through on the Stockholm
Conference's suggestions. While these laws claim to
prohibit environmental destruction in general, they
fall short because they fail to give sufficient weight
to prevention. 13 While boards have emergency
powers to mitigate existing damage under current
pollution control laws, they have no authority to
prevent future contamination.

Central and State Government have promulgated a large

number of laws for which various departments and agencies
have been established to ensure implementation of the laws, but

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things are not going in the desired manner, which is the main
theme of this hypothesis. The rule of law is broken. The
enforcement bodies are inefficient because they are
understaffed and underfunded. Incorrect waste, sewer, and
garbage disposal behaviours have a major part in environmental
contamination, but the community is oblivious to this fact and
unwilling to change its ways. Therefore, the theory is supported
by an overwhelming amount of evidence, and prompt,
proactive, and synergistic action on the part of community
members, law enforcement officials, and the courts is required.
It also places a heavy burden on business owners and
industrialists to watch out for environmental safety and prevent
pollution. I have no doubt that the proposals and
recommendations contained in this thesis will prove to be
extremely helpful in the fight against the environmental and
ecological threats that we all face.14

1.6 Research Question

The purpose of developing research questions is to gain a more
in-depth understanding of the field of ecology, the field of law,
the field of air pollution, and the field of environmental issues
by conducting a thorough and methodical examination of the
phenomenon at hand.

1.7 Methodology
There are two stages to the research. Ecology and
environmental regulations make up the initial section of the
research. Air pollution and legislation enacted to mitigate it are
the focus of the second section. In light of the interdisciplinary
nature of the problem, I have taken a scientific and legal stance
in developing our study around it. Detailed explanation of the
method used is provided below:

1.8 Literature Identification And Review

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The first stage was to do a preliminary literature research to
gain an understanding of the notion of ecology, Air pollution,
and regulations in India from the available studies and
publications. The connection between ecological and law was
made clearer thanks to this.

 Law And Policy Review

Examining the state of environmental policies in the country

was the next logical step. A policy analysis at the national level
was conducted to learn more about the laws and regulations
already in place that affect environmental safety. Recent
environmental policy is included in this category.
Environmental and pollution control policy and legislation was
also analysed. This helped me organise the data I had.

 Interview of different Groups

Additionally, I have conducted in-depth interviews with a wide

range of people, including judges, lawyers, businessmen, social
workers, lecturers, doctors, and the general public. The
interviews were conducted using an open-ended, unstructured
questionnaire, and they lasted anywhere from ten minutes to an
hour. The researcher recorded the interviews by asking
questions and taking notes. The interviews focused mostly on
participants so that researchers could learn about their
perspectives on various environmental issues.

1.9 Composition Of The Thesis

The eight chapters of this thesis will include an introduction.
Together, they help the study progress towards its objective.
This thesis is introduced in Chapter 1. The first half of Chapter
2 serves as an introduction to the field of ecology, while the
second half discusses the ecological laws in India. In Chapter 3,

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we look at constitutional protections and the current judicial
climate as it relates to environmental issues. In Chapter 4, we
examine the international context for India's environmental
policy and the influence of various international accords to
which India is a party. In Chapter 5, we examine the whole
scope of air pollution, from its causes to its effects to the means
by which it might be mitigated or prevented. The Indian
judicial system's impact on environmental protection and smog
is the subject of Chapter 6. This study endeavour is summarised
in Chapter 7 along with some final thoughts and
recommendations.

CHAPTER: 2
ECOLOGY AND THE LAW

2.1 Introduction
The term "environment" or "ecology" refers to the totality of
the natural world that contributes to human well-being. The

13
environment, or "ecology of man," consists of natural elements.
Nature is essential to not only aesthetics but also survival. The
Rig Veda, the oldest literature in the world, contains a famous
poem that praises the splendour of the dawn (Ushas). Our
ancestors honoured the natural world through worship, which is
the highest form of respect one can pay to it. Population
increase eventually altered this beneficial perspective on the
natural world by placing a greater demand on scarce resources.
Overuse of natural resources has led to the formation of deserts
and droughts, and the introduction of nuclear weapons into
space has the potential to destroy the ozone layer and the
atmosphere itself, both of which are essential to human
survival.1

Land has been becoming deforested and barren, water has been
experiencing pollution and scarcity, rare species of animals,
birds, and plants are becoming extinct, and human lives are
being butchered at the hands of ecociders all because of
pollution created by man for the fulfilment of his greed. Some
people try to stealthily use the Vindhya and Missouri Valleys'
natural splendour without drawing attention to themselves.
Commercial buildings and private homes replace green space
and public parks. Ganga, Yamuna, and Godavari, formerly
considered sacred waterways, are now considered unclean. The
growing pollution also upsets the natural equilibrium of things.
In order to prevent such ecological imbalance and protect
human interests, a thorough examination of the notion of
ecology and its relationship to law is required.

Seeing the meaning of ecology is an essential first step in

gaining a firm grasp on the subject at hand, as well as
conducting a thorough critical study of ecology and its
relationship with law.

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2.2 Meaning Of Ecology
The term ecology was developed to describe these
interdependencies between living things and their surroundings
by fusing the Greek words oikos (which means "house" or
"dwelling place") and logos (which means "study of"). Thus,
ecology might be defined as the study of organisms in their
natural habitats. To learn more about ecology, it's helpful to
compare and contrast how different authors define the term.

2.3 Definition of Ecology

As used in the context of the WARMING project, oekologie is
"the study of organisms in relation to their environment."

Frederick Clements, an American ecologist who wrote in 1916,

called ecology "The science of the community."

Ecology, according to British ecologist Charls Elton (1927), is

the "scientific natural history" that studies the "sociology and
economics of animals."

Ecology was defined by Woodbury (1954) as "a science that

investigates organisms in relation to their environment and a
philosophy that interprets the world of life in terms of natural
process."

Ecology, as described by Taylor (1936), is "the study of the

interrelationships between organisms and their physical and
chemical surroundings."

According to Andre Wartha (1961), Pet Rides (1968), and

Krebs (1972), it is "the scientific approach to the study of
environmental interaction which control the welfare of living
things; regulating their distribution, abundance, reproduction,
and evolution."

The study of ecology, however, has recently progressed to

acknowledge the fact that the biotic (living) and a-biotic (non-

15
living) components of nature are not only interrelated, but also
work in an ordered manner as a definite system. Therefore, in
order to fully comprehend the scope of ecology, it is necessary
to study both the structure and the function of eco systems.

Haeckel defines ecology as an organism's interaction with its

"surrounding outer world," or its environment. All of the
abiotic and biotic elements, including temperature, humidity,
air quality, and substrate, that he mentions as part of his
"organic and inorganic conditions," respectively.

Using this strategy, Odum (1963, 1969, 1971) proposed a new

concept of ecology, which, in his own words, "Ecology, as you
probably know, is the study of connections between living
things and their surroundings. In my opinion, this standard
definition is too wide and imprecise to serve our purposes.
Ecology, as I see it, is "The study of the structure and function
of ecosystem," or, to put it less formally, "the study of the
structure and function of nature." With a similar idea, centred
on nature's triangle.

"Ecology is the scientific study of the interaction that

determines the distribution and abundance of organisms," R
Misra (1967) characterised it in a straightforward, modern, and
complete way.

To sum up the 20th century, one definition from Webster's

unabridged Dictionary stands out: "the totality or pattern or
relations between organisms and their environment."

Taking into account the aforementioned definitions, we can

state that ecology is the scientific study of the process
governing the distribution and abundance of species, as well as
the interrelationships between them. Now that we've
established some terminology, let's examine why ecology even
exists.

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2.4 The Goal Of Ecology
Ecology's focus is on figuring out how natural systems work so
we can anticipate how they'll react to environmental shifts.

2.5 The Study Of Ecology

Ecology is the branch of science that examines the planet's
ecosystems. It's the study of how things work in the natural
world and how those occurrences have an impact on human
culture. It also encompasses research on the effects that human
activity has on the natural environment. This research
demonstrates how people have already begun exploiting and
depleting the planet's natural resources.

2.6 Importance Of Study Of Ecology

Ecology has provided scientists with a window into the future.
They can look at historical data and make educated guesses
about the state of the world's natural resources in the future.
This has aided in raising public consciousness about the harm
that the modern world's way of life is doing to the planet and its
natural resources. The results of these investigations will be
used to enhance and alter our perspectives in a variety of ways,
both now and in the future.

The field of ecology can be roughly broken down into four

major subfields: Ecosystem, No. 1. Second, physiology
3.Community 4.Population. The Earth and the surrounding
atmosphere are affected differently by each of these groups.
Nature and the ecosystem are essential to human survival, and
these studies have helped civilization understand and appreciate
them better. The study of ecology can shed light on the causes
and consequences of humanity's ongoing assault on the planet's
natural systems. In this sense, we can intervene before a culture
destroys itself via lack of knowledge. Scientists can learn how
to improve or expand food supplies by studying ecology.
Research findings are applied to better our understanding of

17
farming, fishing, logging, and community life. Ecology is the
study of the interconnectedness of all things and the study of
the positive and negative interactions among them.

Ecological research is crucial for ensuring that the world's

natural resources will be available for human civilization to
continue into the future. Ignorance, which has persisted for
decades, is being gradually eradicated. The public's
consciousness is rising to the urgent need to protect these
ecological treasures. The study of ecology has as its primary
goal the application of learned precautions against
environmental disasters produced by unrestrained interference
with natural populations, unchecked tree felling, and
environmental contamination.3 The study of ecology is also
crucial for preserving a healthy relationship between humans
and their natural environment. The survival of Earth and all its
inhabitants depends on it.

2.7 Scope Of Ecology

Teaching ecology to a novice requires little in the way of effort
or time. Science, chemistry, physics, geology, geography,
meteorology, climatology, hydrology, palaeontology,
archaeology, anthropology, sociology, mathematics, and
statistics are just few of the many fields that make up ecology.
Ecology covers a lot of ground. The study of ecological
principles gives context for learning about the fundamental
connections in a natural community and the science of a
specific environment.

Modern society's most intractable issues all have ecological

roots, and understanding this field is essential to finding
workable solutions. Ecological considerations are being
factored into global economic, political, and other policy
discussions. The ecological, physical, and social sciences are
all intertwined in these ways. The importance of ecology to

18
human well-being cannot be overstated. Modern ecology
focuses on the symbiotic relationships between organisms and
their physical surroundings. Environmental pollution on a
global scale requires ecological solutions.

2.8 Ecology Its Relation With Law

Everything is connected to everything else, according to the
first law of ecology. Commoner, Barry 5There was a time when
people believed that the environment was all about aesthetics,
and the law had little to do with it. Then it became about the air
we breathe, the water we drink, the condition of our woods,
hills, and oceans, and the law stepped in as the necessity for
rules and regulation became apparent. Cities are now veritable
gas chambers, rivers are conduits for raw sewage and industrial
effluent, and the planet is a toxic waste dump, therefore I dare
argue that environmental protection is a matter of life and
death. The potential of humanity to ignore the results of its
actions appears to be boundless.6 The two main sources of
environmental law are (1) common law, which is created by
courts through judicial precedents, and (2) statute law, with
regulations or by-laws made there under.7 Common law and
statutory principles are considered to come together in
environmental law. To be effective, environmental legislation
must draw on knowledge from a wide range of fields, including
biology, biotechnology, ecology, economics, hydrology,
medicine, politics, psychology, public administration, and the
like. It is recognised that environmental law involves both
politics and the natural and economic sciences.9 This cross-
disciplinary nature of environmental law is what sets it apart
from other legal specialisations.10 Principles are synthesised in
environmental law. Ideas and customs borne of the operation of
other statutes. Judicial interpretation will reveal the strong
relationship between environmental law and the Constitution,

19
where the right to life includes the right to a clean and
compassionate environment. Concern for the environment has
an effect on laws governing worker compensation and benefits.
11

2.9 Ecology And Legislative Measures

In India, you can find pollution laws at the federal, state, and
local levels. The ancients may have been more concerned with
environmental protection than we give them credit for. 12
Nature's wonders were worshipped as deities by the populace.
At that period, nature as a whole—trees, water, land, and
animals—became increasingly revered. We can say that the
basic postulates that governed the ecosystem were knowledge,
incentive, and sanction. However, as times have changed and
pollution levels have risen, the government has enacted a
number of environmental laws.

All laws should be written with the intention of promoting

societal harmony and safety by making particular norms of
behaviour obligatory. Similarly, environmental protection laws
are grounded in the notion that, as a shared resource, the
environment must be safeguarded at all costs. Codes of conduct
have historically been written with a list of Dos and Don'ts,
with the consequences for breaking these rules falling on the
shoulders of the society as a whole. A variety of preventative,
promotional, and mitigating (PPM) steps were taken. However,
with the establishment of legislation, the task of maintaining
the social objectives was, to a large extent, taken over from the
community by a new set of enforcement mechanism, and the
noncompliance of laws was regarded as a criminal offence.
Most laws, including those pertaining to environmental
preservation, are probably considered as criminal laws because
of this.13

2.10 Environment laws in India

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There are so many environmental laws in force in India, and
some are as follows: –

Rules for Public Liability Insurance, 1991 and 1992

To protect citizens from financial ruin in the event of an

accident involving the careless handling of potentially
hazardous materials, the Public Liability Insurance Act and
Rules, 1991 and Amendment, 1992 were enacted.

The National Environmental Tribunal Act, 1995,

Amendment, 2010 

The purpose of the Act is to ensure that anyone harmed by the

use of hazardous materials get compensated for their suffering.
With these three aims in mind:

 Deal with cases involving the preservation of the

environment, forests, and other natural resources in a
timely and effective manner. The Tribunal is hearing all
cases, including those that were previously pending.

 It is written with the intention of upholding all

environmental protection laws.

 It factors in the cost of aiding and compensating those

whose lives have been disrupted by the disaster.

The salient features of the Amendment are as follows:

 Each and every Indian citizen now has equal access to

the National Green Court thanks to the Amendment.

 Make sure that when courts hear appeals and issue

rulings, they take into account sustainable development

21
 principles like the precautionary principle, the polluter
pays principle, and intergenerational equality.

The National Environment Appellate Authority Act, 1997

Restrictions on areas in which certain classes of industry, etc.,

are prescribed specific safeguards under the Environmental
Protection Act can be appealed to the National Environmental
Appellate Authority (NEAA), which was established by the
National Environmental Appellate Authority Act of 1997.

The Biomedical Waste (Management and Handling) Rules,

1998 

Waste from the diagnosis, treatment, or vaccination of humans

or animals, related research activities, or the creation or testing
of biological waste falls under the umbrella term "biomedical
waste," which also includes the waste categories stated in the
Rules. Hospital waste management, including disposal,
collection, and sorting, is streamlined according to the
Biomedical Waste (Management and Handling) Rules, 1998.

The Environment (Siting for Industrial Projects) Rules,

1999

To ensure that industrial development projects do not

negatively impact the surrounding environment, the
Environment (Siting for Industrial Projects) Rules, 1999 outline
strict guidelines for where new factories cannot be built, as well
as for how to select a suitable location for an existing factory.

The Municipal Solid Wastes (Management and Handling)

Rules, 2000

22
All local governments are bound by these Rules. They need to
make sure that all of the garbage in the city or town is properly
collected, sorted, stored, transported, processed, and disposed
of.

The Batteries (Management and Handling) Rules, 2001

The Ministry of Environment and Forests (MoEF) has notified

the final rule, The Batteries (Management and Handling) Rules,
2001, on 16 May 2001, to regulate the collection and recycling
of all used lead-acid batteries in India. The Central Government
places greater importance on battery waste management than
battery production. The Environmental (Protection) Act of
1986 covers the entire country of India and includes provisions
for battery management. Since battery waste disposal is a
problem around the world, India should take precautions to
ensure that it does not pollute our environment.

The Noise Pollution (Regulation and Control)

(Amendment) Rules, 2010

Cultural or religious celebrations that take place late at night

(between the hours of 10:00 p.m. and midnight) may use
loudspeakers or public address systems if certain conditions are
met.

Here are the key features of the Amendment:

 Except in enclosed venues like auditoriums, meeting

rooms, community halls, banquet halls, etc., or during
public crises, the use of loudspeakers, sound systems, or
amplifiers is prohibited after dark.

23
  No horns are permitted in the residential area unless
absolutely necessary, and noise levels at public areas
using loudspeakers or public address systems must not
exceed 10 dB or 75 dB of the area's ambient noise limit.

 Construction equipment that makes a lot of noise will

not be used after dark.. 

The Air (prevention and control of pollution) Act, 1981 

The Act aims to control and prevent air pollution in India, and

some of its main objectives are:

 The goals of the Clean Air Act are to: prevent,

control, and decrease air pollution; and
 establish boards at the federal and state levels to
enforce the law. Both the Central Pollution Control
Board (CPCB) and the State Pollution Control
Boards (SPCB) have been tasked with enforcing
these regulations. 
Particulate matter, lead, carbon monoxide, sulphur dioxide,
nitrogen oxides, volatile organic compounds (VOCs), and other
noxious substances shall not exceed specified limits from
sources of air pollution such as internal combustion engines,
industries, vehicles, and power plants. It gives authority to state
governments to identify high-pollution zones.

Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006 (FRA) 

Forest Dwelling Scheduled Tribes (FDSTs) and Other

Traditional Forest Dwellers (OTFDs) who have lived in such
forests for generations have their rights and occupation of
forest areas recognised and granted by the Act. The Department

24
of Tribal Affairs is in charge of the Act. The law also details
the authorities and duties involved in the long-term
conservation of FDST and OTFD, the safeguarding of
biological diversity, and the preservation of ecological
equilibrium. As a result, FDST and OTFD can rest assured that
they will be able to maintain their standard of living and avoid
hunger. The FDST and OTFD are colonial injustices that must
be rectified for forest ecosystems to thrive into the future. The
four fundamental rights recognised by the legislation are:

 Title rights: It grants the FDST and OTFD ownership of

up to 4 hectares of land farmed by indigenous peoples
or people living in the forest. Only the land farmed by
the relevant family is considered owned; no more land
is given as a result of ownership.

 Dwellers have a right to harvest minor forest products,

use pastures and grazing roads, and so on.

 The right to preserve and manage all community forest

resources in accordance with customary practises of
protection, regeneration, conservation, and sustainable
use constitutes forest management rights.

 Restoration in the event of an unlawful eviction or

relocation, as well as the construction of basic services,
are subject to limitations in the name of forest
preservation. 

The Forest (Conservation) Act, 1980

Forests are a valuable gift from Mother Nature to humanity.

Therefore, it is the duty of every person to take measures to
preserve the forest environment. However, rapid deforestation
upsets the natural order of things. For this reason, forest

25
preservation legislation is essential. The Act's primary goal is
to preserve the integrity and territory of forests while protecting
its flora, animals, and other unique biological components. In
addition, forest land cannot be used for farming, grazing, or any
other commercial use. 

The Wildlife Protection Act, 1972 

The Act safeguards the nation's ecosystem by protecting native

animal, bird, and plant species. The legal protection of
numerous animal species includes prohibitions on hunting. In
2006, the law was last revised. In 2013, the Rajya Sabha was
presented with an Amendment, which was then forwarded to
the Standing Committee before being withdrawn in 2015.

The Wildlife (Protection) Act of 1972 protects and preserves

wildlife in India. This statute, which is the result of a period in
which environmental jurisprudence in India is flourishing, is an
example of the country's progressive judiciary. All earlier
legislation, including the Wild Birds and Animals Protection
Act of 1912, were found to be insufficient, and this new law is
an acknowledgment of that fact. The current law is all-
encompassing, filling in virtually all the blanks left by its
predecessors.

However, there are still major loopholes in the law that must be
filled. The gap between theoretical laws and their actual
application is wide. Furthermore, bureaucratic meddling
undermines the law's intended effect.

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

26
In an effort to keep our water supply pure and safe for human
consumption, the Water (Prevention and Control of Pollution)
Act, 1974 was passed. There was a change to the statute in
1988. In order to collect revenue from those that utilise water
for industrial purposes, the Water (Prevention and Control of
Pollution) Cess Act was passed in 1977. In accordance with the
Act, the fee was implemented to provide additional funding for
the Central and State Commissions responsible for managing
and reducing water pollution. In 2003, the statute was last
revised.

The Water Act was enacted to curb and prevent water pollution
in the country of India. When water is contaminated, its
physical, chemical, or biological properties are altered, or
sewage or commercial sewage or other liquids, gases, and
solids are discharged (directly or indirectly) into the water in
such a way that they are likely to be a nuisance or harmful to
public health or safety, to domestic, commercial, industrial,
agricultural, or other lawful uses, to the life and health of an
animal or plant, or to aquatic tissue, the term "pollution" is
used.

India faces significant challenges in addressing and preventing

water contamination. To now, our efforts to educate the public
about the value of water conservation have been unsuccessful.
Of course, the law contains a number of agencies whose job it
is to prevent such things from happening, with their own set of
complaints procedures and legal authority. The law has
potential as a deterrent, but more effort is needed to make it
more inclusive of local voices and to ensure that those who
break it face severe consequences. Pollution can be managed
through legislation, but that legislation must also be adequately

27
enforced, so that more focus should be given to the
enforcement side.

The Ozone-Depleting Substances (Regulation And Control)

Rules, 2000 

The Ozone-Depleting Substances (Regulation and Control)

Rules, 2000 provide timelines for the elimination of individual
ODS and govern their use in manufacturing, trade, and
commerce. Metered-dose inhalers and other medical uses are
exempted from the ban on ozone depleting substances (ODS)
and chlorofluorocarbons (CFCs), halons, carbon tetrachloride,
and methyl chloroform.

Coastal Regulation Zone Notification, 2018           

The Shailesh Nayak Committee suggested that they be

informed, thus they were. This rule emphasises natural
disasters, such as rising sea levels due to climate change, while
simultaneously promoting sustainable growth. It safeguards the
economic security of local communities, notably fishers, and
protects and preserves wildlife.

Coastal Regulation Zone (CRZ) is divided into four

regulatory zones: 

 CRZ I – Ecologically sensitive areas such as

mangroves, salt marshes, coral reefs, turtle nesting
sites, and inter-tidal zones.

 CRZ II- Areas close to the shoreline and which have

evolved. 

28
  CRZ III- Coastal which are not substantially built
up, comprising rural coastal areas. 

 CRZ IV- Water area via Low Tide Line to the limit
of provincial waters of India.

The Energy Conservation Act, 2001

In an effort to improve energy productivity and cut down on

waste, the Energy Conservation Act of 2001 was signed into
law. Equipment and appliance energy efficiency regulations are
the focus. In addition, it covers the topic of energy consumption
regulations and other requirements for consumers very directly.
Natural resources have been depleted due to India's rising
population and the resulting rise in energy consumption; these
resources can never be revived to their former glory. The
Indian government recognised this problem in 2001 and
explored passing the Energy Conservation Act to establish
national standards for energy efficiency and conservation.
Certificates of energy efficiency may be issued by the Central
Government to individuals or businesses whose energy use falls
below the minimum required by law. Customers whose energy
consumption is higher than the established norms and standards
may buy the energy savings certificate to bring it down to the
established levels. Equipment must satisfy energy performance
standards and display energy consumption labels, and big
energy consumers must adhere to the Energy Conservation
Building Code.

Codes for commercial buildings to reduce energy consumption

are proposed. The Act established the Bureau of Energy
Efficiency (BEE).

29
In compliance with the requirements of the Energy
Conservation Law of 2001, the Government of India
established the Bureau of Energy Efficiency on March 1, 2002.
Within the broad parameters of the Energy Conservation Act,
2001, the Office of Energy Efficiency is tasked with assisting
in the development of policies and strategies with the primary
goal of reducing the energy intensity of the Indian economy.

To reduce the unit energy intensity (i.e., energy consumption)

of products in the Indian economy/services, practises, and
procedures, BEE's primary mission is to develop policies and
strategies emphasising self-regulation and market principles
within the general framework of the Energy Conservation Act,
2001.

The Biological Diversity Act, 2002

The Biological Diversity Act of 2002 established the State

Biodiversity Boards (SBBS), Biodiversity Management
Committees (BMCS), and the National Biodiversity Authority
(NBA) to implement the Convention on Biological Diversity
(CBD), combat biopiracy, and safeguard biodiversity and local
farmers.

The Act's overarching goals are to safeguard biodiversity,

regulate the responsible use of its parts, and guarantee a fair
distribution of the benefits generated by this usage. The
claimed objectives of the law include protecting traditional
knowledge, stopping biopiracy, and making it illegal to file for
patents without official approval, among other things. Sections
36, 37, and 38 of this Act describe various aspects of
biodiversity conservation goals, including the central
government's authority to notify species that are dangerously

30
endangered, on the verge of extinction, endangered, prohibited
from collection, etc., and the development of national plans and
programmes for the conservation of biodiversity. While the
concept of sustainable use of its parts implies controls on
resource extraction rather than utilisation.

The Act's provision for benefit sharing is found in Article 21.

Its purpose is to guarantee that the applicant for attaining such
benefits and the local bodies involved share fairly in the profits
made by the use of the accessible biological resources, their by-
products, knowledge, and related practises.

The National Green Tribunal Act, 2010

As a result of pollution and other environmental damage,

victims now have access to both legal and administrative
remedies thanks to the National Green Tribunal Act, 2010. In
2010, a specific judicial body with expertise in environmental
matters, the National Green Tribunal (NGT), was founded. In
order to effectively formulate and implement national
environmental laws, the Supreme Court of India, the Law
Commission of India, and the international law obligations of
India all recommended the establishment of the Tribunal. The
mission of the Environmental Claims Tribunal is to
expeditiously resolve disputes involving the enforcement of
environmental law, the preservation of forests and other natural
resources, and the protection of the environment. An award of
damages or compensation issued by the Tribunal is final and
binding on all parties involved.

Article 21, which guarantees all Americans clean air and water,
is in agreement with this as well. Within six months after its
designation, the National Green Tribunal must rule on matters

31
filed before it. When it comes to pressing environmental
concerns, NGT is the group to turn to first.

However, the National Green Tribunals are viewed favourably

as a key component of achieving justice in environmental
concerns since they inspire lawyers to specialise in
environmental law. At some point in the future, environmental
laws will be given the priority they deserve.

The Wildlife (Protection) Act, 1972

The Act safeguards a wide variety of flora and fauna, including

birds of prey. It encompasses the entirety of India. It provides
varying degrees of security via its six schedules:

The strongest penalties apply to violations of Schedule I and

Part II, which offer the highest levels of protection. Schedules
III and IV species are likewise protected, however they carry
significantly less fines.

Schedule V animals, such as the common crow, fruit bat,

mouse, and rat, are considered pests and may be legally hunted.

Schedule VI indigenous plants are off-limits for gardening.

The Wildlife (Protection) Amendment Bill, 2021 

The Ministry of Environment, Forest, and Climate Change has

introduced the Wild Life (Protection) Amendment Bill, 2021 in
Lok Sabha. This legislation is an attempt to put into effect the
CITES Convention and expand the number of species that are
legally protected.

32
Some of the key areas the Bill focuses on:-

 This bill proposes the establishment of a Standing

Committees of State Boards of Wildlife to coordinate
the work of state wildlife agencies. In practise, these
Committees will function much like the NBWL. It does
not need to send most projects to NBWL before making
judgements on wildlife management and project
licencing.

 The Bill streamlines the Wildlife Schedules under the

Act, reducing the number of Schedules from six to four
major Schedules.

 The Bill adds the Wildlife Management Plans that are

drafted for all of the country's national parks to the
Wildlife Act. They also need state approval from the
Chief Wildlife Warden. The security of these preserves
is tightened as a result. Previously, the proposals had
been sanctioned via presidential decree.

2.11 Conclusion
The British government clearly took legislative measures for
pollution prevention and resource conservation. These laws
should be seen as the first step towards the scientific
conservation of natural resources, despite the fact that
detractors point out that the British enacted them not with the
intention of conserving the environment but with the aim of
gaining cash for themselves. British-enacted laws have
contributed greatly to the development of environmental
jurisprudence in India, despite the fact that they were made
with ulterior motivations. If one looks at environmental law in
depth, they will discover that India's situation is rife with
examples of preventing environmental destruction. After

33
looking at what ecology is and how the law treats it, we'll move
on to the relationship between ecology and the Constitution in
the next chapter.

CHAPTER: 3
ECOLOGY AND INDIAN
CONSTITUTION

3.1 Introduction
Our Constitution has enormously grown and evolved over the
years and is said to be one of the most amended constitution so
far. In the Indian background, the status of environment
protection has not only raised to the fundamental law of land
but after a long time in recent past it is corresponded with
human rights and is now accepted as well established fact that
it is basic human right to every citizen of India [1].

The fundamental duties enshrined n our constitution imposes

duty on individuals to protect environment in order to provide
each and every human clean environment and a life with
dignity and harmony.

34
In our Constitution, it is vividly expressed that Directive
Principles of state policy are bent towards the ideas of Welfare
State and healthy environment is said to be an essential
ingredient for welfare state. Article 47 states that the State shall
regard the raising of the level of nutrition and the standard of
living of its people and also the improvement of public health
which includes the protection and improvement of environment
as a part of its primary duties.

Article 48-A of the constitution states that the state shall

endeavor to protect and improve the environment and to
safeguard the forests and wild life of the country. Part III
guarantees fundamental rights which are essential for the
development of an individual.

The history of legislative started with Indian Penal Code, 1860.

Section 268 defined what is public nuisance. Abatement of
public nuisance is also a subject of Section 133 to 144 of I.P.C.
These are only prohibitive provisions. Sections 269 to 278 of
the Indian Penal Code are penal provisions which means that a
person guilty of violating any of the provisions is liable to
prosecution and punishment.

As soon as the Stockholm Conference ended, many Acts were

initiated namely: Wildlife Act, 1972; Water Act, 1974; Air Act,
1981 etc. Within five years of Stockholm Declaration, the
Constitution of India was amended to include Protection and
Improvement of Environment as constitutional mandate. The
protection and improvement of environment from time to time
is now a fundamental duty under Constitution Act of 1976.
Government of India has set up a National Committee on
Environmental Planning and Coordination.

Government of India's program for environment included the

program for cleaning the rivers including Ganga and Yamuna.

35
Prime Minister, Sh. Rajiv Gandhi constituted Central Ganga
Authority for the purpose of pollution control of Ganga. The
enactment of Environment (Protection) Act, 1986 was the
immediate outgrowth, of this program.

3.2 Environment And It's Relation With Citizens:

The Constitution of India has made a double provision:

1. A directive to the State for protection and improvement

of environment.
2. Imposing on every citizen in the form of fundamental
duty to help in the preservation of natural environment.
This is the testimony of Government's awareness of a
problem of worldwide concern. Since protection of
environment is now a fundamental duty of every
citizen, it is natural that every individual should do it as
personal obligation, merely by regulating the mode of
his natural life. The citizen has simply to develop a
habitual love for pollution.

3.3 Legislative Matters And Environment

Protection
Since in Indian Constitution , there are three lists:

 Union List
 State List
 Concurrent List

As we know the authority of dealing with the matters of the

concurrent list (list III) is shared between both the state and
central government. It covers matters like protection of forests,
wildlife, conserving mines, population control etc. but in the
instance of conflict, the decision of the central government will
supersede.

36
The legislative and administrative relations between the central
and the state government are precisely dealt in with the part XI
of the Constitution. The power to make rules for the whole
country is with the Parliament of the country, while for that of
the state lies with the state government of every state.

In an instance of passing state laws successive to the central

laws, for it to prevail, requires a Presidential assent first as in
accordance with Article 254.

In the situation of national emergency, Parliament has the

power to legislate the state subjects also. The division of these
legislative powers is essential to make provisions which can
deal with environmental problems.

3.4 International Environment Agreements

A surfeit of international agreements dealing with
environmental protection has been made and India has been a
signatory to it. Because at the Stockholm declaration in 1972, it
was held that the world has one environment. India being a
signatory to such international pacts is under an obligation to
translate those provisions and abide by them in the country.
This has been clearly stated in Article 51(c) of the Indian
constitution that state shall foster respect for international law
and the obligations of the treaties.

On contrary to this, the other essential provision dealing in

protecting the environment is Article 253 of the Constitution
which sanctions the Parliament of our country to make laws
which can be applicable to the whole or any territory of the
country for implementing any agreement or convention signed
with the other country or countries.

37
Parliament can further legislate to implement decisions taken at
any conference on an international level. Any provision made
in the context of environmental protection in accordance with
Article 253 read with articles 13 and 14 cannot be questioned
before the court of law on the grounds of no legislative
competence.

With the use of this power, it is quite significant to know that

Parliament has enacted Air (Prevention and Control of
Pollution) Act 1981, and Environment Protection Act, 1986. It
has been clearly stated in the Preamble of these acts that the
purpose of their enactment was to implement the decisions
taken at the United Nations Conference on the Human
Environment, held at Stockholm in the year 1972.

In Vellore Citizens' Welfare Forum v. Union of India[2], the

Supreme court held that it is essential to incorporate the
international customary laws in the municipal laws, provided
they are not contrary to them. It is an accepted principle of law.
Thus, it was considered essential to follow international laws
by the domestic courts of law.

3.5 Responsibility Of State For Environment

Protection
Article 47 puts an obligation on the state that it shall gaze at the
increasing level of nutrition and standard of living of its people.
Also, the primary duty of the state shall be to improve public
health. It is the obligation of the state to prohibit except for
medicinal purposes, the consumption of alcohol and drugs
which can be injurious to the health of the living beings and
pose a great threat to their lives.

From the word responsibility it can be interpreted that state

shall take effective, adequate and necessary steps to improve
the health and standard of living of all and promote awareness

38
in the context of environmental protection. In the environment
development projects cannot be taken up by the individuals
who harm society as a whole. Thus, the state needs to keep a
stringent check on these activities and projects.

There have been various reasons due to which level of pollution

in the environment is constantly increasing. For eg., water
pollution is commonly caused due to the draining of impure
water in the rivers and which not only pollutes the natural
resource of the country but affects the health of citizens. This
lead to the urgent need of making provisions to obligate the
state to preserve and protect the environment.

In the case of Hamid Khan v. State of Madhya Pradesh, the

state was negligent to supply water from the handpumps,
colossal damage was caused to the citizens, which affected
their health massively. Hence, due to this gross negligence on
the part of the state, it was held that the state failed to perform
its basic duty.

In the year 1976, the constitution was amended. With this

amendment, Article 48-A was inserted in the constitution with
the aim to afford better provisions so as to preserve and protect
the environment

3.6 Constitutional Provisions

Right of life and Environment protection (Article 21): Article
21 of the constitution provides for the fundamental right of
life. It states that no person shall be deprived of his right to life
or personal liberty except in accordance with procedures
established by law. The words except in accordance with
procedures established by law can be interpreted to mean that
this provision is subject to exception and is regulated by law
which varies from case to case.

39
Right to life includes the right to have a dignified life and also
the bare necessities of life like food, shelter, clean water and
clothes. The right to live extends to having a decent and clean
environment in which individuals can live safely without any
threat to their lives. An environment shall be free from diseases
and all sorts of infections.

This is crucial because the right to life can be fulfilled only

when one lives in a clean, safe and disease-free environment,
otherwise granting such right would prove to be meaningless.
This aspect of Article 21 has been evidently discussed in the
case of Rural Litigation and Entitlement Kendra, Dehradun v.
State of Uttar Pradesh[3], where the petitioner along with the
other citizens wrote to the supreme court expressing their views
against the progressive mining which denuded the Mussoorie
hills of trees and forests and soil erosion. This lead to having an
adverse effect on the environment and resulted in landslides
along with blockage of underground water channels.

The registry was ordered by the Hon'ble supreme court to

consider this letter as a writ filed under article 32 of the
Constitution.

An expert committee was appointed in this behalf by the

Supreme Court to advise the Hon'ble court with some technical
issue. On the basis of the report provided by the expert
committee, the court provided the limestone quarries to be
closed because it was infringing the right to life and personal
liberty. Quarrying operations lead to ecological degradation and
air and water pollution, which affected the lives of the people to
a great extent.

In L.K Koolwal v. State of Rajasthan and Ors[4], Rajasthan

High Court held that maintaining the quality of the
environment, sanitation and health is covered under the

40
purview of Article 21 of the Constitution. Because non-
compliance to do so can adversely affect the lives of many
citizens and slow poisoning along with reducing the life of a
citizen.

In Charan Lal Sahu v. Union of India[5], it was held that the

duty of the state is to take adequate and effective steps for the
enforcement and protection of Constitutional rights guaranteed
under Article 21, 48-A and 51-A(g).

In M.C Mehta v. Union of India[6], due to stone crushing

activities in and around Delhi was causing a huge problem of
pollution in the environment. The court was conscious of the
inevitable consequences and the ecological problems caused
due to the industrial activities in the country. In the name of
environmental development, it cannot be permitted to degrade
the quality of the ecology and increase different forms of
pollution to the extent that it becomes a health hazard to the
lives of all the citizens. It was further held that citizens have a
right to fresh air and have a pollution-free environment in
which they live.

Further, the scope of article 21 was broadened by the judiciary

to include under its purview the right to livelihood as well. It
includes the right of citizens to earn their livelihood along with
the right to life. The wider interpretation of this article has
proved to be beneficial in keeping a strict check on the conduct
and actions of the government in the context of measures taken
by the authorities to protect the environment.

In the famous Taj Mahal Case, ample of industries near Taj

Trapezium Zone were using coke and coal as an industrial fuel.
These industries were ordered to be relocated to an alternative
site as provided under Agra Master Plan. The rights and duties

41
of the workmen in the industries were also specified by the
court following the principle of sustainable development.

3.7 Right to Equality and Environment Protection

(Article 14)
Equality before the law and equal protection of the law has
been granted under article 14 of the Constitution. This
fundamental right impliedly casts a duty upon the state to be
fair while taking actions in regard to environmental protection
and thus, cannot infringe article 14. In cases of exercise of
arbitrary powers on behalf of the state authorities, the judiciary
has played a strict role in disallowing the arbitrary sanction.
Use of discretionary powers without measuring the interest of
the public violates the fundamental right of equality of the
people.

In Bangalore Medical Trust V. B.S Muddappa[7], an

improvement scheme was prepared by the City Improvement
Board of Bangalore for the purpose of extending the city. A
low-level park was to be developed for which an area was kept
under this scheme. But under the direction of the chief minister
the area kept for the low-level park was to be converted into the
civic amenity site where the hospital was to be constructed. As
soon as the construction began, the residents moved to the high
court.
The petition moved in by the residents was allowed by the high
court. But in appeal to the supreme court, the appellant
contended that the power to allot sites is completely a
discretionary one and the developing authority has the right to
allow the site for making hospital rather than a park.

And thus, the diverted use of the land was justified in the eyes
of the appellant.

42
By explaining the importance of open spaces and parks in the
development of urban areas, the supreme court rejected the
appeal. The Hon'ble court further stated that the open spaces,
recreation, playing grounds and protection of ecology are the
matters of vital importance in the interest of public and crucial
for the development. Keeping open spaces for the interest of
the public is justified cannot be sold or given on lease to any
private person solely for the sake of monetary gains.

Freedom of Speech and Expression and Environment (Article

19(1) (a)):

Right of speech and expression is a fundamental right expressly

mentioned in article 19(1) (a) of Part III of the Constitution.
There have been a number of cases where people have
approached the court through the way of speech and expressing
themselves by writing letters like that in the case of Rural
Litigation and Entitlement Kendra, Dehradun v. State of Uttar
Pradesh[8] where they have expressed the violation of their
right to have a clean and safe environment and a right to
livelihood.

In India, the media has been playing a crucial role in changing

the perception of people in issues relating to the environment.
Thus, Article 19(1)(a) is interpreted to include the freedom of
the press as well.

Freedom of Trade and Commerce and Environment Protection

(Article 19(1) (g)):

All the citizens of India have a fundamental right to carry on

any profession or business, trade or commerce at any place
within the territory of India under Article 19 (1)(g) of the
Constitution. But this is not an absolute right and thus, has
reasonable restrictions to it. Article 19(6) of the Constitution

43
lays down the reasonable restriction to this fundamental right to
avoid the environmental hazards.

The purpose is to avoid the ecological imbalance and

degradation of the atmosphere in the name of carrying on a
trade, business, occupation or carrying on any profession. Thus,
in the name of business or profession, one cannot cause harm to
the environment.

In M.C Mehta v. Union of India, AIR 1988 SC 1037 certain

tanneries were discharging effluents in the holy river Ganga
which was causing water pollution. Further, no primary
treatment plant was being set up despite the constant reminders.
It was held by the court to stop the tanneries from working
because the effluents drained were ten times more noxious as
compared to the ordinary sewage water which flows into the
river.

The court ordered while directing tanneries to be stopped from

working which have failed to take necessary steps as required
for the primary treatment of effluents from the industries. The
court while passing this order contended that, though the court
is conscious about the unemployment that might usher due to
the closure of the tanneries but health, life and ecology holds
greater importance in the eyes of law.

In M.C Mehta v. Union of India[9], it was directed by the

Supreme Court that the industries who did not comply or
adhere to, with the prior direction of the Hon'ble court
regarding the installation of air pollution controlling system
should be closed. In this case, the supreme court laid down its
greater emphasis on Article 19(6) of the Constitution.

In S. Jagannath v. Union of India[10] , sea beaches and sea

coasts were considered to be the gifts of nature, by the Hon'ble
Supreme Court and any such activity which pollutes these

44
natural resources or the gift of nature cannot be permitted to
function. In this case, a shrimp farming culture industry by
modern method causing degradation to the ecosystem,
discharge of polluting effluents, is polluting the potable
ground-water and depletion of the plantation. All of these
activities were held to be violative of constitutional provisions
and other legislation dealing with environmental matters, by the
court.

The court further held that before the installation of any such
industry in a fragile coastal area it is essential for them to
necessarily pass the strict environmental test. In other words,
reasonable restrictions can be laid in accordance with Article
19(6) of the Constitution.

3.8 Directive Principle of State Policy (Article

48(A)):
Protection and improvement of environment and safeguarding
of forests and wild life The State shall endeavour to protect and
improve the environment and to safeguard the forests and wild
life of the country.

In Sher Singh v. Himachal Pradesh[11], It was held that the

citizens of the country have a fundamental right to a
wholesome, clean and decent environment. The Constitution of
India, in terms of Article 48A, mandates that the State is under
a Constitutional obligation to protect and improve the
environment and to safeguard the forest and wild life in the
country.

By 42nd Amendment to the Constitution, the Parliament, with

an object of sensitizing the citizens of their duty, incorporated
Article 51A in the Constitution, inter alia, requiring a citizen to
protect and improve the natural environment including the

45
forests, lakes, rivers and wild life and to have a compassion for
living creatures.

The legislative intent and spirit under Articles 48A and 51A(g)
of the Constitution find their place in the definition of
'environment' under the Environment (Protection) Act, 1986
(for short the Act of 1986). The legislature enacted various
laws like the Air (Prevention and Control of Pollution) Act,
1981, Water (Prevention and Control of Pollution) Act, 1974
and the Wildlife (Protection) Act, 1972, the Forest
(Conservation) Act, 1980, the Indian Forest Act, 1927 and the
Biological Diversity Act, 2002 and other legislations with the
primary object of giving wide dimensions to the laws relating
to protection and improvement of environment.

Not only this, there is still a greater obligation upon the Centre,
State and the Shrine Board in terms of Article 48A of the
Constitution where it is required to protect and improve the
environment. Article 25(2) of the UDHR ensures right to
standard of adequate living for health and well-being of an
individual including housing and medical care and the right to
security in the event of sickness, disability etc.

The expression life enshrined in Article 21 of the Constitution

does not connote mere animal existence or continued drudgery
through life. It has a much wider meaning which includes right
to livelihood, better standard of living, hygienic conditions in
the workplace and leisure.

3.9 Article 51
Article 51 Promotion of international peace and security The
State shall endeavour to:

 Promote international peace and security;

 Maintain just and honorable relations between nations;

46
  Foster respect for international law and treaty
obligations in the dealings of organised people with one
another; and encourage settlement of international
disputes by arbitration

The Parliament availed the opportunity provided by the

Constitution (Forty-second Amendment) Act, 1976 to improve
the manifestation of objects contained in Article 48 and 48-A.
While Article 48-A speaks of environment, Article 51-A (g)
employs the expression the natural environment and includes
therein forests, lakes, rivers and wild life. While Article 48
provides for cows and calves and other milch and draught
cattle,
Article 51-A(g) enjoins it as a fundamental duty of every
citizen to have compassion for living creatures, which in its
wider fold embraces the category of cattle spoken of
specifically in Article 48.

In Mohan Kumar Singhania &Ors. v. Union of India &Ors.,

[12],a governmental decision to give utmost importance to the
training programme of the Indian Administrative Service
selectees was upheld by deriving support from Article 51-A(j)
of the Constitution, holding that the governmental decision was
in consonance with one of the fundamental duties.

In State of U.P. v. Yamuna Shanker Misra & Ors.,[13], this

Court interpreted the object of writing the confidential reports
and making entries in the character rolls by deriving support
from Article 51-A(j) which enjoins upon every citizen the
primary duty to constantly endeavour to strive towards
excellence, individually and collectively.
In T.N. Godavarman Thirumalpad v. Union of India &Ors.,
[14], a three-Judge Bench of this Court read Article 48-A and
Article 51-A together as laying down the foundation for a
jurisprudence of environmental protection and held that:
47
Today, the State and the citizens are under a fundamental
obligation to protect and improve the environment, including
forests, lakes, rivers, wild life and to have compassion for
living creatures.

In State of W.B. &Ors. v. Sujit Kumar Rana[15], Articles 48

and 51-A(g) of the Constitution were read together and this
Court expressed that these provisions have to be kept in mind
while interpreting statutory provisions.

3.10 Article 253

Legislation for giving effect to international agreements
notwithstanding anything in the foregoing provisions of this
Chapter, Parliament has power to make any law for the whole
or any part of the territory of India for implementing any treaty,
agreement or convention with any other country or countries or
any decision made at any international conference, association
or other body.

3.11 Conclusion
Connecting human rights and environment is a valuable
sourcebook that explores the uncharted territory that lies
between environmental and human rights legislation. Human
beings can ensure fundamental equality and adequate
conditions of life in an environment that permits a life of
dignity and well-being.

There is an urgent need to formulate laws keeping in mind the

fact that those who pollute or destroy the natural environment
are not just committing a crime against nature, but are violating
human rights as well. Indeed, health has seemed to be the
subject that bridges gaps between the two fields of
environmental protection and human rights.

48
 CHAPTER: 4
INTERNATIONAL HISTORICAL
PERSPECTIVE OF ECOLOGY

4.1 Introduction
International Environment Law is concerned with the attempt
to regulate the population and the depletion of natural resources
within a framework of sustainable development. It is a branch
of public international law that is created by the state for the
state to govern problems that arise between states. Population,
biodiversity, climate change, ozone depletion, poisonous and
hazardous substances are covered under international law.
Development in science and technology has enhanced the
possibility of understanding the environmental implication of
various natural events as well as human activities. There is an
exponential increase in multilateral environmental agreements
covering a wide range of problems such as depletion of
freshwater supplies, ozone depletion, climate change,
biodiversity loss, toxic and hazardous products, and
contamination of rivers. 

The evolution of international environmental law has produced

mixed outcomes. While some treaties have been effective in
producing the desired results, it introduces its sources and

49
important underlying principles. The rest is explained in the
latter part of the article.

4.2 Historical Background And Scientific

Foundation 
International treaties, customary international laws, and judicial
decisions of international courts are the three main sources of
international environmental law. Customary international laws
are unwritten laws that are followed from the time being among
nations. It includes warning a neighboring nation about major
accidents that could affect the environment. International
environment law is shaped by the decision made by
the International Court of Justice or the International Tribunal
for the law of seas. The “Polluter pays principle” was created
by an international arbitration panel which states that if
pollution from one nation causes harm in another nation, the
polluter nation must make compensation to the affected nation.
A nation’s sovereignty allows it to act as the primary obstacle
to all types of international laws. The sovereignty principle
states that each country has complete control over the activities
within its borders. 
The degradation of ecosystems and exploitation of flora
(plants) and fauna (animals) were the first environmental
challenges to receive international attention. The World
Conservation Union (IUCN), a non-governmental organization
dedicated to environmental conservation, called on all nations
to protect endangered species. The Convention on International
Trade in Endangered Species of Wild Flora and Fauna
(CITES) is an international agreement that regulates the trade

50
of endangered species and items derived from them to
safeguard the endangered plants and animals. There are a total
of 172 nations currently participating in this trade. 

4.3 International Environmental Law

International environmental law is a branch of public

international law, which is a body of law created by states to
resolve disputes between them. It is concerned with efforts to
reduce pollution. The multilateral environmental agreement is
the subset of international convention by Article 38 of the
Statute of the International Court of Justice, which specifically
focuses on environmental matters.

4.4 Multilateral Environmental Agreement

It refers to a set of legally binding international instruments that
states employ to commit to achieving specified environmental
objectives. They can be conventions, treaties, declarations,
agreements, or protocols. As per the principle of international
treaties, multilateral treaties are the treaties that bind only those
states who have agreed to be bound by them. They are effective
tools for the implementation of policies to achieve sustainable
development goals.    

4.5 Sustainable Development Goal

The concept of sustainable development plays an important role
in preventing the depletion of natural resources. It refers to the
idea of a development meeting the present generation’s cultural
and physical needs, without damaging the future generation’s
ability to meet their own needs. The purpose of sustainable

51
development is to promote the type of development that has the
least negative impact on the environment. It can be achieved by
restricting human activities and making technological
development more effective. The rate of consumption of
renewable resources should not exceed the rate of production.
Examples of sustainable development include wind energy,
solar energy, and sustainable construction. 
As part of a new sustainable development plan, all states
approved a set of targets in September 2015 to end poverty,
safeguard the environment, and secure prosperity. It is
recognized as one of the important tools to achieve sustainable
development goals. They provide the framework for the
implementation of activities on the national level. Also, further
guidelines will be developed to improve the effectiveness and
efficiency.        

4.6 International Environmental Law Governance 

The UN Environment Assembly is the highest-level UN body

convened on the environment, which opened on 23 June 2014
at its headquarters, Nairobi. United Nations Environmental
Assembly (UNEA) feeds directly into the General
Assembly and has universal membership of 193, all members
of UN and other stakeholders groups. With the help of these
members, this new entity provides a ground-breaking platform
for leadership on global environmental policy. 

Declaration and treaties 

1. The Declaration of the United Nations Conference

on Human Environment has been the first major
attempt to consider the worldwide human impact on
the environment as well as international effort to

52
 solve the challenges of environmental conservation
and improvement. 

2. The Rio Declaration on Environment and

Development, also known as Rio Earth Summit, was
a short declaration produced by the United Nations
Conference on Environment and Development
(UNCED) in 1992. It is made up of 27 concepts that
are intended to guide future global sustainable
development. 

3. Environmental customary laws and general ideas

such as precautionary principles and sustainable
development are changing. The speed with which
awareness of the global environment has reached the
international political agenda has meant that
customary law has tended to take second place in
treaty law in the evolution of legal norms. 

4. The international community has responded to the

necessity to regulate activities that endanger the
environment by signing treaties.

5. Many bilateral and multilateral environmental

treaties are creating state’s rights and obligations.   
The natural growth of the population continually presents
problems for the preservation of the environment and adequate
policies and measures should be adopted.    

4.7 Reasons For Environmental Crisis 

 Population Explosion – The high rate of growth of

the population adversely affects the environment. It
increases demand for environmental resources but
their supply is limited. 

53
  Rise in economic activities – It leads to affluent
consumption and production of goods and services.
It produces wastes that exceed the absorptive
capacity of the environment. 

 Increased use of insecticides, pesticides, and

chemical industries – Increased use of harmful
insecticides, pesticides, and chemical fertilizers
causes health problems for farmers and employees.

 Rapid industrialization – It has led to deforestation

and depletion of natural resources. It leads to
contamination of water due to the accumulation of
increasing quantities of toxic substances and
industrial wastes in the water bodies. 

 Urbanization – The rapid rise of slum areas is caused

by the migration of people from rural areas to urban
areas. It leads to an excess burden on existing
infrastructural activities.

4.8 Climate Change Response 

It is also called ‘global warming’, which refers to the rise in the

average surface temperature of the earth. The burning of fossil
fuels, which releases greenhouse gases into the atmosphere,
primarily carbon dioxide (CO2), is the primary cause of global
warming. Human activities like agriculture, deforestation also
contribute to rising temperatures on the earth’s surface.

 UNFCCC (The United Nations Framework

Convention on Climate Change) is an umbrella for
global climate change. The convention was adopted
during the Rio Conference in 1992 which addressed
the reduction of greenhouse gases that are not
controlled by the Montreal Protocol. The objective

54
 of Article 2 of UNFCCC is to determine the global
climate change response by the method of general
goal and criteria for determining the time frame to
achieve it. Article 3 of UNFCCC determines the
principles that guide the implementation of the
convention. It also shapes the commitments that
have been formulated. Article 4 of UNFCCC
formulates commitments for developed country
parties only.
 The Kyoto Protocol of 1997 set specific emission
reduction targets for the developed countries. It
shares the ultimate objective of the Convention to
stabilize the atmospheric concentration of
greenhouse gases (GHGs) at a level that prevents
dangerous interference with the climate system. The
aim behind this initiative is to enhance many of the
commitments already in place under the convention.
The focus lies on emission reduction commitments. 

 The Paris Agreement of 2015 establishes specific

mandatory and voluntary commitments for
mitigation of greenhouse gases, the adaptation of
adverse impact on climate change, ensures support
to developing countries from developed countries,
and reports the implementation of various activities.
It is based on voluntary contributions to reduce
emissions, especially to address climate change
adaptation and enhance reporting obligations. The
Paris agreement works on a five-year cycle carried
out by the countries. They aim to reach global
peaking of greenhouse gas emission as soon as
possible to accomplish a climate neutral world by
mid-century.  

55
4.9 India And Its Impact On Climate Change 
India is one of the countries most vulnerable to climate change.
Half of the Indian population is dependent upon the agriculture
sector. Now, India is the third largest emitter of greenhouse
gases after China and the United States. India’s annual
emissions of carbon dioxide are projected to increase almost
2.5 times between 2008 to 2035. The energy sector constitutes
8% of net carbon dioxide emission and industry sector 22%,
agriculture 17% as waste sector constitutes 3% of the net
carbon dioxide emission. 
Climate change and energy are now the focus of local, state,
and national attention around the world. Earlier, India was not
responsible for the greenhouse emission as it had a low per
capita emission rate, but now, India plays a key role in
international negotiations and must implement a diversified
policy to develop clean sources of energy, improve energy
efficiency, and prepare for the impact of climate change.

4.10 Conclusion
The environmental consciousness of the world community is
growing at a rate unprecedented for the spread of any
intellectual concept or the acceptance of new ways of defining
the interaction of humanity and nature. Today, the world has
more than 200 international environmental laws, about 600
bilateral agreements .Evolving coherent state covenants to
national environmental laws and national covenants to
international environmental legislations to which India is
already a party or intends to become a party in near future
would be a step in the right direction. India, by becoming a

56
signatory to an international environmental instrument,
commits to its adherence and compliance at the national level.
India ratified the above agreements and after 'that India enacted
various environment laws and prepared various national
policies to fulfill the objectives of above agreements
immediately. In this way we have discussed various important
International Conventions and Declarations and National
committees and policies relating to ecology. In the next chapter
we are going to discuss the Air pollution and law.

57
 CHAPTER: 5
INDIAN JUDICIARY ON ECOLOGY AND
AIR POLLUTION

The Supreme Court of India has made immense contribution to

environmental jurisprudence of our country. It has entertained
quite a lot of genuine public interest litigation (PIL) cases or
class-action cases under Art. 32 of the Constitution. So have the
High Courts under Art. 226 of the Constitution. These Courts
have issued various directions on a number of issues
concerning environment as part of their overall writ jurisdiction
and in that context they have developed a vast environmental
jurisprudence. They have used Art. 21 of the Constitution of
India and expanded the meaning of the word ‘life’ in that
Article as including a “right to a healthy environment”.1
The Supreme Court of India is considered, in recent years, as
the most important dispenser of environmental justice. By
delivering landmark judgments that have, indeed, altered the
common people's perception of thecourt of law as just a forum
for dispute resolution and nothing else; the Supreme Court has
carved out a niche for itself. It holds a unique position and has
been projected as a' Green Court' in contributing to the
evolution of environmental jurisprudence in India.

Having examined the effects of air pollution and the laws to

control air pollution in previous chapters now an attempt has
been made in this section to analyse how some ofthe judgments
have contributed to the enrichment of environmental
jurisprudence. This section analyses the contribution of Judges
to the jurisprudence of Environmental Law and to the
development of international environmental law. The analysis
seeks not only to deal with the specific content of some

58
judgment but also to draw a broader picture of views ofthe
Judges towards protection and development of environment
and related laws.2

5.1 Judicial Approach In Environment Related

Cases
If one examines the judicial approach in cases involving
environment-related objections against the construction of
infrastructural projects, there have of course been different
approaches taken by different courts in the past. One can
broadly conceptualise these judicial approaches under three
categories. The first of these can be described as a ‘pro-project’
approach whereinjudges tend to emphasize the potential
benefits of a particular project or commercial activity. The
second approach can be described as that of ‘judicial restraint’
wherein judges defer to the determinations made by executive
agencies and experts with regard to the environmental
feasibility of a project. The third approach is that of rigorous
‘judicial review’ wherein judges tend to scrutinize the
environmental impact of particular activities.4

5.2 Important Cases On Environment

The Indian Judiciary, the custodian of constitution, has been
giving beacon light for protection of Environment while
interpretation the constitution in positive manner. Judicial
Chronology is full of landmark decisions, which embarked
upon that Right to life far exceeds mere breathing and walking
and developed Environment Jurisprudence. Judiciary plays a
vital role in the protection of environment. Here are some of the
Landmark judgment on Environment Protection:
1.      Rural Litigation and Entitlement Kendra &Ors. v.
State of Uttar Pradesh &Ors. ; Supreme Court of India

59
Judgment- This case is also known as the ‘Dehradun Valley
Litigation’. In Mussoorie hill range of Himalayas, the activity
of quarrying was being carried out.  Limestone was extracted
by blasting out the hills with dynamite. This practice has also
resulted in cave-ins and slumping because the mines dug deep
into the hillsides, which is an illegal practice per se. Due to lack
of vegetation many landslides occurred, which killed villagers,
and destroyed their homes, cattle and agricultural land. It was
contended by the mining operators that the case should be
dismissed by the court and the issue should be left to the
administrative authorities under the Environment Protection but
the Court rejected the miners’ arguments the ground that the
litigation had already commenced and significant orders had
been issued by the court before the adoption of the
Environment Protection Act. Later a monitoring committee was
made. Monitoring Committee directed the company in certain
way but the lessee continued to quarry limestone in an
unscientific manner and in disregard of the directions issued by
the Monitoring committee. In an application filed by the
committee, the court held that the mining activity secretly
carried on by Vijay Shree Mines had caused immense damage
to the area and directed the firm to pay Rs. 3 lakhs to the fund
of the Monitoring committee. After years, the Supreme Court
of India has held that pollution caused by quarries adversely
affects the health and safety of people and hence, the same
should be stopped. The right to wholesome environment is a
part of right to life and personal liberty guaranteed under
Article 21 of the Constitution. This case was the first requiring
the Supreme Court to balance environment and ecological
integrity against industrial demands on the forest resources.
The Court issued the following directions:

60
  Orders that mine lessees whose operations were
terminated by the court would be given priority for
leases in new areas open to limestone mining.
 Orders that the Eco-Task Force of the central
department of Environment reclaim and reforest the
area damaged by mining and that workers displaced by
mine closure be given priority for jobs with the Eco-
Task Force operations in the region.
2.      Municipal Council, Ratlam v. Shri Vardhichand &
Ors.; Supreme Court of India
Judgment- Ratlam is a city in the State of Madhya Pradesh in
India. Some of the residents of the municipality filed a
complaint before the Sub-Divisional Magistrate alleging that
the municipality is not constructing proper drains and there is
stench and stink caused by the exertion by nearby slum-
dwellers and that there was nuisance to the petitioners. The Sub
Divisional Magistrate of Ratlam district instructed the
municipality to prepare a proper development plan within 6
months of the complaint submitted by the residents of Ratlam
city (approved by High Court). Afterwards the municipality
came in appeal before the apex court of India and alleged that
they do not have proper financial support as well as proper
funds to comply with the direction given by the sub divisional
magistrate of Ratlam city. Respondents argued that the
Municipality of Ratlam city had failed to meet its obligations
given by the sub divisional magistrate to provide for public
health including by failing to abate pollution and other
hazardous waste from impacting their homes. Respondents
focused to stop pollution caused by a runoff from a nearby
alcohol plant resulting in form of malaria. The Supreme Court
instructed the Municipal Council of Ratlam to immediately
follow order given by the Sub Divisional Magistrate of Ratlam

61
city to protect the area from pollution caused by alcohol plant
flowing into the neighboring areas of the resident. Supreme
court also ordered the municipal to take necessary steps to 
fulfill their obligation by providing adequate number of public
laterals for specifically men and women separately along with
to provide water supply and scavenging service in morning as
well as in evening to ensure proper sanitation. The court also
ordered that these obligations to be fulfilled within six months
of court order.   The problem was due to private polluters and
haphazard town planning, it was held by Supreme Court that
pollution free environment is an integral part of right to life
under Article 21. The Court Further held that in case
municipality feel the need of resources then it will raise its
demand from State government by elitist projects, request loans
from the State Government from the savings account of public
health expenditure to fulfill the resource requirement for the
implementation of courts order.
3.      M.C. Mehta v. Union Of India (Gas Leak In Shriram
Factory); Supreme Court of India
Judgment- On the midnight of 2/3-12, 1984; there was a
leakage of poisonous gas (methyl isocyanate) from Union
Carbide Corporation India Limited, located at Bhopal, Madhya
Pradesh. This disaster was described as “World’s worst
industrial disaster” as it claimed the lives of 2260 people and
caused serious injuries with a variety of complications to about
6 lakhs of people. When the matter was pending before the
Supreme Court, another gas disaster took place from Shri Ram
Foods and Fertilizer Industries (belonging to Delhi Textile
Mills Ltd.), Delhi on 4th and 6th December 1985. One
advocate died and several others injured. MC Mehta, a leading
legal practitioner, Supreme Court filed a “public interest
litigation” petition under Article 32 of the Constitution. The

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Supreme Court through P.N. Bhagwati, C.J., keeping in mind
the one-year-old great gas disaster of Bhopal, evolved a new
rule, “Absolute Liability” in preference to 1868 rule of Strict
Liability. Issues Raised were- Whether the plant can be allowed
to continue or not?
If not, what measures are required to be taken to prevent the
leakages, explosions, air and water pollution? To find out the
number of safety devices exists in the plant and others though
necessary is not installed in the plant. Court held that the
“absolute liability” of a hazardous chemical manufacturer to
give compensation to all those affected by an accident was
introduced in this case and it was the first time compensation
was paid to victims. The court laid down following principles-
The management, Shri Ram Foods was required to deposit in
the court, Rs. 20 lakhs as security for payment of compensation
to the victims. A green belt of 1 to 5 K.M. widths around such
industries should be provided. The court directed the Central
Government to set up an Environmental Court consisting of a
Judge and two experts (Ecological Sciences Research Experts)
as members to assist the judge in deciding the environmental
cases. Pursuant upon the recommendation, the Govt. of India
passed the National Environment Tribunal Act, 1995 to deal
with the cases of environmental pollution.
4.      M.C. Mehta v. Union of India- Ganga Pollution Case;
Supreme Court of India
Judgment- In 1985, M.C. Mehta filed a writ petition in the
nature of mandamus to prevent these leather tanneries from
disposing of the domestic and industrial waste and effluents in
the Ganga River. In this petition, the petitioner requested the
court to request the Supreme Court (the Court) to restrain the
respondents from releasing effluents into the Ganga river till
the time they incorporate certain treatment plants for the

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treatment of toxic effluents to arrest water pollution. The Court
highlighted the importance of certain provisions in our
constitutional framework, which enshrine the significance and
the need for protecting our environment. Article 48-A provides
that the State shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife of the
country. Article 51-A of the Constitution of India imposes a
fundamental duty on every citizen to protect and improve the
natural environment, including forests, lakes, rivers, and
wildlife. The Court stated the importance of the Water
(Prevention and Control of Pollution) Act, 1974 (the Water
Act). This act was passed to prevent and control water pollution
and maintaining water quality. This act established central and
stated boards and conferred them with power and functions
relating to the control and prevention of water pollution. Now,
the question was raised that what is Trade Effluent? A Trade
Effluent is any substance in the form of solid, liquid, or gaseous
state which is discharged from any establishment used for
carrying out any trade or industrial activity, other than domestic
sewage. It was noted that the leather industry is one of the
significant industries besides paper and textiles consuming
large quantities of water. Most of the water used is discharged
as wastewater. The wastewater contains toxic substances that
deplete the Oxygen content of the clean river water in which
they are discharged. This results in the death of aquatic life and
emanates foul odor. The Court held the despite 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 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 a historic
judgment in 1987, the court ordered the closure of a number of

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polluting tanneries near Kanpur. The court held that- “Just like
an industry which cannot pay minimum wages to its workers
cannot be allowed to exist, a tannery which cannot set up a
primary treatment plant cannot be permitted to continue to be in
existence.” The Court ordered the tanneries to establish primary
treatment plants, if not Secondary treatment plants. That is the
minimum which the tanneries should do in the circumstances of
the case.
5.      Vellore Citizens Welfare Forum v. Union of India;
Supreme Court of India
Judgment- The petition was filed against the excessive
pollution caused by River Palar due to the release of pollutants
by the tanneries and other industries in the State of Tamil Nadu.
Palar River is the main source of drinking and bathing water for
the surrounding people. Later, the Tamil Nadu Agricultural
University Research Centre, Vellore discovered that
approximately 35,000 hectares of agricultural land have turned
either entirely or partially unsuitable for cultivation. This is one
of the landmark cases whereby the Supreme Court critically
analyzed the relationship between environment and industrial
development. The question which emerged for thought under
the steady gaze of the Supreme Court was whether the tanneries
ought to be permitted to keep on working at the expense of
lives of lakhs of individuals. It was presented by the petitioner
that the whole surface and sub-soil water of river Palar has
been intoxicated and has resulted in the non-accessibility of
consumable water to the inhabitants of the region. The Supreme
Court analyzing the report conveyed its judgment putting forth
all attempts to keep up a concordance among condition and
improvement. The Court conceded that these Tanneries in India
are the major foreign exchange earner and furthermore gives
work to a large number of individuals. In any case, at the

65
equivalent time, it wrecks nature and represents a wellbeing
danger to everybody. The court conveying its judgment in favor
of the petitioner guided all the Tanneries to submit a whole of
Rs. 10,000 as fine in the Collector’s office. The Court
additionally coordinated the State of Tamil Nadu to grant Mr.
M. C. Mehta with an entirety of Rs. 50,000 as gratefulness
towards his endeavors for the security of the Environment.
6.      A.P. Pollution Control Board v. Prof. M.V. Nayudu
(Retd.) &Ors.; Supreme Court of India
Judgment- In this case the respondent industry is ought to be
establishing a new factory for the production of vegetable oils
in the State of Andhra Pradesh. Respondent industry purchased
a piece of land in Indore village named Peddashpur. Within the
range of the village the reservoirs that provides drinking water
for the 5 million of people around the area. Issues raised were-
The validity of the orders passed by the A.P. Pollution Control
Board? The correctness of the orders of the Appellate Authority
under section 28 of the Water Act, 1974? The validity of
exemption granted for the operation of the 10 k.m. rule? In
what ways that the technological aspects of the environmental
law cases ought to be adjudicated? In the impugned judgment,
the Supreme Court relied on the judicial doctrine of
the Precautionary Principle. The Precautionary Principle as it is
very name suggests needs the authorities in charge to
anticipate, prevent and attack the reason behind environmental
pollution. This rule is based on the salutary theory that it is
better to err on the side of caution and safety than in the wrong
way wherever environmental damage, once done, is also
irreversible. In other words, one ought to take measures in
anticipation of environmental damage, instead of to hunt cure
when the damage is inflicted. It would be better to stay safe
earlier then be sorry later. Hindrance is healthier than cure. The

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Court in the present judgment directed that the authority to be
appointed under Section 3(3) of the Environment (Protection)
Act, 1986 that shall implement the Precautionary Principle and
also the Polluter Pays Principle. Further, it had been discovered
that the new conception envisages that when a risk of great or
irreversible damage to the environment is perceived, the burden
of proof lies on the one that is proposing to undertake the
activity in question.
7.      M. C. Mehta v. Kamal Nath &Ors.; Supreme Court of
India
Judgment- The Indian Express published an article reporting
that a private company, Span Motels Private Ltd. (‘the Motel
Company’), owner of Span Resorts, had floated an ambitious
project called Span Club. Kamal Nath who was the Minister of
Environment and Forests had direct links with this company.
The company encroached upon 27.12 big has of land which
also included forest land. The land was regularized and
subsequently leased out to the company on 11th April 1994.
Issues raised were- Whether the court has wrongly inducted
Mr. Kama Nath as a Respondent in the present petition?
Whether the construction activity carried out by the Motel
Company justified? The Supreme Court rejected this contention
and held that the forest lands which have been given on lease to
the Motel by the State Governments are situated at the bank of
the river Beas. The Beas is a young and dynamic river and it
changes its course very often. The right bank of the river is
where the Motel is located comes under forest. The area is
ecologically fragile and therefore it should not be converted
into private ownership. The Supreme Court applied the
‘Doctrine of Public Trust’ to the present case. Doctrine of
Pubic trust is an ancient legal doctrine which states that certain
common properties such as rivers, seashore, forests and the air

67
were held by Government in trusteeship for the free and
unimpeded use of the general public. Public Trust Doctrine
primarily rests on the principle that certain resources like air,
sea, water and the forests have such a great importance to the
people as a whole that it would be unjustified to make them a
subject of private ownership. Therefore- The Court quashed the
lease-deed by which forested land was leased to the Motel
Company and held that the construction activity carried out by
the Motel Company was not justified. The Motel was ordered
to pay compensation by way of cost for the restitution of the
environmental and ecology of the area. The Motel was ordered
to construct a boundary wall at a distance of not more than 4
meters for the building of the motel beyond which they were
not allowed to use the land of the river basin. The Court
restricted the Motel from discharging untreated effluent into the
river. Himachal Pradesh Pollution Control Board was directed
to inspect and keep a check.
8.      M.C. Mehta v. Union of India- Vehicular Pollution
Case; Supreme Court of India
Judgment- Union Territory of Delhi has a total population of 96
lakhs. Out of this population approximately 90 lakh people
reside in urban areas. At the time of independence the
population of Delhi was around 5 lakh. In nearly 40 years, it
multiplied by 19 times. This writ petition was filed by M.C.
Mehta requesting the court to pass appropriate orders for the
reduction of Vehicular Pollution in Delhi. Supreme Court in
this case held that Indian constitution recognizes the
importance of protection of environment, life, flora and fauna
by the virtue of Article 51-A and Directive principles of state
policy. Therefore, it is the duty of the state to protect the
environment and all the persons using automobiles should have
a fair idea of the harmful effects on the environment due to

68
emissions caused by their vehicles.  A committee was setup to
look in to the problem and decide on what can be done. The
committee was setup with the following objectives –
o To make an assessment of the technologies available for
vehicular pollution control in the world;
o To make an assessment of the current status of
technology available in India for controlling vehicular
pollution;
o To look at the low cost alternatives for operating
vehicles at reduced pollution levels in the metropolitan
cities of India.
o To examine the feasibility of measures to
reduce/eliminate pollution from motor vehicles both on
short term and long term basis and make appropriate
recommendations in this regard;
o To make specific recommendations on the
administrative/legal regulations required for
implementing the recommendations.
The committee was ordered to give reports in two months and
also mention the steps taken.

9.      Subhash Kumar v. State of Bihar &Ors.; Supreme

Court of India
Judgment- The petition was filed by the way of Public Interest
Litigation by Subhash Kumar for preventing the pollution of
the water of the river Bokaro from the discharge of
sludge/slurry from the Tata Iron & Steel Co. Ltd. The Petitioner
alleged that the Parliament enacted Water (Prevention and
Control of Pollution) Act, 1978 for maintaining the
wholesomeness of water and for the prevention of water
pollution. The State Pollution Control Board failed to take
actions against the Company and permitted the pollution of the

69
water and the State of Bihar instead of taking actions, it is
granting a lease on the payment of royalty for collection of
slurry to various persons. Issue raised was whether the water of
the river Bokaro is polluted by the discharge of the slurry from
the Company? The apex court held that the right to get
pollution free water and air is a fundamental right under Article
21. Following this, the right to pollution free environment was
incorporated under the head of right to life and all the laws
courts within the Indian Territory were bound to follow. Public
health and ecology were held to be the priorities under Article
21 and the constitution of a green bench was also ordered by
the Supreme Court. The Tata Iron & Steel Co. has been granted
sanction from the Board for discharging effluents from their
outlets under Sections 25 and 26 of the Water Prevention and
Control of Pollution Act, 1974. Before granting the discharge
of the effluents to the Bokaro River, the Board has analyzed
and monitored that the effluents generated did not pollute the
river. It was clear from the facts that and pleadings on behalf of
the Respondent that there was no good reason to accept
Petitioner’s contentions that the water of Bokaro River was
polluted by the discharge of slurry/sludge from the respondent
Company, on the other hand, the bench found that effective
steps were taken by State Pollution Control Board to check
pollution. Therefore, the petition was dismissed.
10.  Samit Mehta v. Union of India &Ors.; National Green
Tribunal
Judgment- In this case, an environmentalist filed an application
regarding the damage caused by the sinking of a ship which
was carrying coal, fuel oil and diesel. Due to the sinking, a
thick oil layer was formed on the surface of the sea which
caused damage to the marine ecosystem. This case was held to
involve questions of public importance and significance of

70
environmental jurisprudence. The tribunal noticed the
negligence. The sinking of the ship was the result of the
negligence of the Respondents and upholding the principle of
Polluter Pay. The Tribunal has further held that it has power to
grant compensation for the costs incurred by the Central
Government to clean the wrecks which may pose hazards to
navigation and to marine environment. The Court thereby
reaffirmed the “Precautionary Principle” and “Polluter Pays
Principle” and also recognized Right to clean environment as a
fundamental right under Article 21 of the Constitution of India
which guarantees protection of life and personal liberty. The
Tribunal held that the ship sinking accident is said to have led
to the pollution of the marine environment on three counts: (a)
Dumping of the cargo on the ship, i.e., coal in to the sea; (b)
Release of the Fuel oil stored on board and the resultant oil spill
caused by it and (c) wreckage of the ship itself, which
contained the materials. In the present case, the ship used in the
transport is unseaworthy and the respondents should have never
used the ship for transport purpose. Therefore, in the present
case, sinking of the ship is held equivalent to dumping.
Environmental compensation of Rs. 100 crores was imposed.
This is one of the biggest compensation ever made by private
entity to government.
11.  Ms. Betty C. Alvares v. The State of Goa and Ors. ;
National Green Tribunal
Judgment- A complaint regarding various instances of illegal
construction in the Coastal Regulation Zone of Candolim, Goa
was made by a personal of foreign nationality. Her name was
Betta Alvarez. The first objection was that Betty Alvarez had
no locus standi in the matter because she was not an Indian
citizen and thus legally incompetent to file the petition under
Article 21 because as a non-citizen, she has not been

71
guaranteed any right under the Indian Constitution. The second
objection was that the matter was barred by the law of
limitation and should be dismissed. The case was initiated in
the Honorable High Court of Bombay Bench at Goa in the form
of a PIL but by an order dated Oct 23, 2012, the Writ Petition
was transferred to the National Green Tribunal. Therefore The
Tribunal in bold terms stated that even assuming that the
Applicant – Betty Alvarez is not a citizen of India, the
Application is still maintainable as she had filed several other
writ petitions and contempt applications before she filed the
present application, in which she had asserted that the
Respondents had raised some illegal constructions by way of
which they were encroaching the sea beaches along with
governmental properties. The Court laid down in very bold
terms that once it is found that any person can file a proceeding
related to the environmental dispute, Ms. Betty’s application is
maintainable without regards to the question of her nationality.

12.  Art of Living Case on Yamuna Flood Plain; National

Green Tribunal
Judgment- The National Green Tribunal (NGT) held the Art of
Living Foundation of Sri Sri Ravi Shankar responsible for the
alleged damage caused to the Yamuna floodplains due to the
World Cultural Festival organized in March 2016. NGT Panel
found that the organizers of the Art of Living Festival violated
the environmental norms and it has severely damaged the food
plane area at the bank of Yamuna River in Delhi. Earlier, the
Government of Delhi and Delhi Development Authority (DDA)
has permitted the Art of living festival organizers but it was an
under some conditions. The NGT panel imposed a penalty of
Rs. 5 Crore on Art of Living Foundation as environmental
compensation after coming down heavily on the foundation for

72
not disclosing its full plans. The panel also warned AOL
Foundation that in case of failure to pay the penalized amount
the grant of Rs.2.5 crore which the ministry of culture is
supposed to pay AOL will be attached. While reacting with
dismay to the verdict, the Art of Living Foundation expressed
disappointment and claimed that it had complied with all
environment laws and norms and its’ submissions were not
considered by NGT. The Art of Living Foundation said in a
statement that-“We will appeal to Supreme Court. We are
confident that we will get justice.”
13.  -Save Mon Region Federation and Ors. v. Union of
India and Ors. ; National Green Tribunal
Judgment- The Save Mon Region Federation, on behalf of the
Monpa indigenous community, challenged the environmental
clearance granted for the construction of a hydroelectric dam
on the NaymjangChhu River.  The Federation pointed to faults
in the environmental impact assessment (EIA) procedure and a
lack of close scrutiny of the project by the expert appraisal
committee (EAC). The National Green Tribunal concluded: “It
is true that hydel power project provides eco friendly renewable
source of energy and its development is necessary, however,
we are of the considered view that such development should be
‘sustainable development’ without there being any irretrievable
loss to environment. We are also of the view that studies done
should be open for public consultation in order to offer an
opportunity to affected persons having plausible stake in
environment to express their concerns following such studies.
This would facilitate objective decision by the EAC on all
environmental issues and open a way for sustainable
development of the region.” Therefore, the project was close to
a wintering site for a bird Black-necked Crane, which is
included under Schedule I species under the Wildlife Protection

73
Act of 1972. It also comes under the ‘Threatened Birds of
India’ literature by the appellants in this case. It also had other
endangered species such as the red panda, snow leopard, etc.
The tribunal gave orders to suspend the clearance for the
project. It also directed the EAC to make a new proposal for
environmental clearance. The tribunal also directed the
Ministry of Environment and Forest in the country to prepare a
study on the protection of the bird involved in the case.
14.  Almitra H. Patel &Ors. v. Union of India and Ors. ;
National Green Tribunal
Judgment- This case has been the biggest case dealing with the
solid waste in India. In this case, Mrs. Almitra Patel and
another had filed a PIL under Article 32 of the Constitution of
India before the Apex Court whereby the Petitioner sought the
immediate and urgent improvement in the practices that are
presently adopted for the way Municipal Solid Waste or
garbage is treated in India. The Tribunal found that the
magnitude of the problem was gigantic because over a lakh
tonnes of raw garbage is dumped every day and there is no
proper treatment of this raw garbage which is dumped just
outside the city limits on land, along highway, lakes. The
Tribunal noted the requirement of conversion of this waste into
a source of power and fuel to be used for society’s benefit,
taking into consideration the Principles of Circular Economy.
The tribunal considered it one of the major problems faced by
India over the last few years as lakh tonnes of garbage go
without proper treatment and just dumped outside the city in
the outskirts. The tribunal noted the requirement to solve this
problem and make it a source of power for the benefit of
society. After hearing the case the tribunal issued over 25
directions. The tribunal asked all the states and UTs to strictly
follow and implement the Solid Management Rules, 2016. A

74
complete prohibition on open burning of waste on lands was
made after the case. Absolute segregation has been made
mandatory in waste to energy plants and landfills should be
used for depositing inert waste only and are subject to bio-
stabilization within 6 months. The most important direction of
the Tribunal was a complete prohibition on open burning of
waste on lands, including at landfills.
15.  K.M. Chinnappa, T.N.  Godavarnam v. Union of India
&ors. ; Supreme Court of India
Judgment- The court held that- Environmental law is an
instrument to protect and improve the environment and to
control or prevent any act or omission polluting or likely to
pollute the environment. In view of the enormous challenges
thrown by the industrial revolutions, the legislatures throw out
the world are busy in this exercise. In a number of cases,
sentences of imprisonment have been imposed. Apart from the
direct cost to business of complying with the stricter regulatory
controls, the potential liabilities for non compliance are also
increasing. In the present case the Forest Advisory Committee
under the Conservation Act on 11/07/2001 examined the
renewal proposal in respect of the Company’s mining lease.
The Ministry of Environment and Forests deferred a formal
decision on the said recommendation as the matter was pending
before this court. Taking note of factual background, it is
proper to accept the time period fixed by the Forest Advisory
Committee constituted under Section 3 of the Conservation
Act. That means mining should be allowed till the end of 2005
by which the time the weathered secondary ore available in the
already broken area should be exhausted. This is, however,
subject to fulfillment of the recommendations made by the
Committee on ecological aspects.  Before, we part with this
case; note that with concern that the State and Central

75
Government were not very consistent. Whatever be the
justification, it was but imperative due application of mind
should have been made before taking particular stand. Certain
proceedings have been initiated against the company and these
proceedings shall be considered by the respective
forums/courts.

5.3 Conclusion
The Supreme Court, in its interpretation of Article 21, has
facilitated the emergence of an environmental jurisprudence in
India, while also, strengthening human rights jurisprudence.
There are numerous decisions wherein the rights to a clean
environment, drinking water, a pollution-free atmosphere, etc.
have been given the status of inalienable human rights and,
therefore, fundamental rights of Indian citizens.
The above judgments of the Supreme Court of India will show
the wide range of cases relating to environment which came to
be decided by the said Court from time to time. The Court has
been and is still monitoring a number of cases. It will be noted
that the Court constantly referred environmental issues to
experts, and the Court has been framing schemes, issuing
directions and continuously monitoring them. Some of these
judgments of the Supreme Court were given in original writ
petitions filed under Art. 32 while the others were decided in
appeals filed under Art 136against judgments of the High
Courts rendered in writ petitions filed under Art 226. These
cases have added tremendous burden on the High Courts and
the Supreme Court. The proposal for Environmental Courts is
intended to lessen this burden, as already stated. But that as it
may, the Supreme Court has, in the various cases referred to
above, laid down the basic foundation for environmental
jurisprudence in the country. In this way we have completed
our major part of this thesis and in our next chapter we will

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deal with final part of thesis i.e. last chapter conclusions and
suggestions.

CHAPTER: 6
CONCLUSION AND SUGGESTIONS

6.1 Conclusion
Environmental degradation poses a growing threat to the
planet's natural resource base and the processes that sustain life.
Annual deaths in Asia attributable to air pollution are estimated
at over half a million (WHO, 2003). At an alarming rate,
species are disappearing, taking with them undiscovered
remedies, foods, and other useful things. Global economic
damage due to extreme weather occurrences is expected to
exceed US$30 billion year by 2050, according to a 2003
prediction by Munich Re, the world's largest reinsurance firm.
In conclusion, human populations are expanding so quickly that
they threaten to overwhelm the planet.

The environmental problems faced by India and other countries

require immediate and decisive action on a global, regional,
national, and local scale. International agreements and
instruments on environmental issues are not enough; the impact

77
and success of these policies and accords is determined in great
part by how well they are implemented and enforced.
Knowledge of the international setting and India's place therein
is crucial for effecting change on all fronts.

All emerging nations prioritise rapid economic growth and

development as a means to combat poverty. There are already
warning signs of climate change, and this could threaten our
progress if developing countries don't get ready now and speak
with one voice about their needs to mitigate and adapt to
climate change.

If passing environmental protection laws were enough to

guarantee a pollution-free India, the country might rank among
the least polluted on Earth. But this is not correct. There are
almost two hundred federal and state laws listed that deal with
environmental protection in some way. Unfortunately, the
proliferation of such legislation has not stopped environmental
degradation, which has actually worsened with the passage of
time.

It is past due that we take a look at the big picture of

environmental safety. "No law can be imposed on utterly
hostile community," as Friedman puts it. A well-informed
populace is the finest complement to effective laws.
Environmental laws become tools of social transformation
when citizens finally recognise the gravity of the problem
facing our planet and step up to shoulder their fair share of the
burden. The government, legislature, court, educational
institution, and non-profit sector must all take action to raise
public consciousness on the importance of the Indian tradition
of respect towards nature.

Therefore, we might conclude that although we have a long

history and culture of appreciating and respecting the natural

78
world, this attitude has changed since the advent of
industrialisation. In the past, our country's citizens loved and
appreciated their fellow species, but environmental protection
regulations were not strictly enforced. However, in the new
scenario, man began exploiting the natural resources, so
lavishly, that it became essential to safeguard these resources
lest there be no resources left for future generations. Keeping
this in mind, legislation was enacted to protect the
environment; this legislation was first ineffective but gained
traction from the mid-1980s, when our government began
paying closer attention to environmental protection.There are
currently about two hundred laws that have some bearing on
the environment. Unfortunately, environmental degradation
continued even as the number of laws protecting it grew.

A number of laws had been passed, but they were not being
effectively enforced because of flaws in the legislation itself or
the poor performance of the relevant enforcement authorities.
However, there remained open questions that had not been
addressed in prior laws. The court and legislature need to work
together to fix these loopholes so that environmental laws are
enforced consistently, and rather than passing dozens of
different laws, lawmakers should get together to write a single
"common code" that covers every aspect of environmental
protection. Moreover, all environmental issues should be
brought before "one single forum" that is easily accessible,
well-equipped with scientific knowledge, knowledgeable about
environmental jurisprudence, and effective enough to punish
polluters so that no further attempts to pollute or degrade the
environment are made. It consequently humbly proposed the
creation of environmental courts in all constituencies,
comprised of judges and an attached statutory panel of
environmental specialists to ensure uniformity in the

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application of the law. In order to help the government preserve
our natural resources, this discussion should also be open to
fresh ideas and solutions.

6.2 Suggestions
 A new statute or regulation must have its own
enforcement system put in place. Another option is to
equip the existing institutions with more resources
and/or training so that they can carry out their expanded
roles. This would improve the efficiency with which
laws are put into effect and relieve pressure on any one
office from having to handle too many different
responsibilities.
 Pre-service training should be made available, so that a
worker who was already competent when hired might
receive orientation prior to beginning work. The second
phase of training ought to focus on the specific duties of
the job being performed. Third, training sessions should
be standardised so that both specialists and non-
specialists can take part and increase their efficiency on
the job.
 It is recommended that air pollution control authorities
be organised more logically into departments. In order
to ensure responsibility and accountability, agencies
should be better organised into departments according
to their actual functions; for example, all causes of air
pollution could be placed under the purview of a single
agency like the PPCB. According to the classical
implementation theory, "Policy makers must guarantee
that there is a single implementing agency that need not
depend upon other agencies for success," or, if many
agencies are required, that the number and significance
of their dependence links be kept to a bare minimum.

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 The duplication of efforts, however, may be avoided
with a well-executed system of cooperation across
various organisations.

"Connections between local organisations and government

agencies are crucial to a successful rollout. If we want to avoid
a scenario where several little shortfalls add up to a big
"implementation deficit," then we need to ensure that links are
really close to 100%.

An appropriate structure should be developed to guarantee that

the environment ministry coordinates with other relevant
ministries and agencies (such as trade and commerce,
industries) to realise environmental protection objectives.
Efforts to synthesise the approaches, drawing out essential
concepts from either side of the 'top-down' vs. 'bottom-up'
argument, have progressed. Policy experts appeared to be on
board with the idea that the best strategy should vary from case
to case. Because of his advocacy for a combination of
techniques, Richard Elmore is often cited as the first
synthesiser. He proposed that, in order to better understand
complex occurrences, it is helpful to triangulate stories by
employing many theoretical models. Focusing on one's own
activities as a place of departure, he argued in his work on
"backward mapping," helps one see those behaviours as options
and solutions to a problem or issue.

Despite the fact that all models suffer from the same inherent
problems of inconsistency and incompleteness, we can
nevertheless state that different methods have their advantages
and shed light on different aspects of the reality of policy
implementation.

Several strategies exist for preserving the planet without

impeding development. Because many forms of industrial

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pollution are so intertwined, these approaches take a sweeping
view of pollution control. For example:

One of the most efficient means of preventing pollution would

be to incorporate environmental considerations into the design
phase of products and processes. The characteristics of the
manufacturing process, and thus the kind of the waste
generated, are determined by decisions made during the design
phase. The objective of green design would be to lessen a
product's negative effect on the environment over the course of
its whole life without sacrificing functionality.

Adopting Greener Methods: Using less energy and resources

during production would increase revenues and reduce the cost
of pollution management. Clean processes would reduce
material costs and waste disposal by maximising the ratio of
raw materials converted into finished goods.

As part of the energy efficiency effort of the national action

plan on climate change, the government's energy coordination
committee has recommended a tax on polluting sectors as one
of its to-be-developed efficiency targets. A carbon price could
motivate businesses to reduce their use of climate-altering
carbon dioxide and shift towards renewable energy sources.

The Green Factor: An uptick in eco-awareness on the part of

consumers is yet another factor pushing companies in the
direction of more environmentally friendly policies. In fact,
showing that you care about the environment has become
crucial to the success of modern businesses. With the rise of the
"green factor," companies will see the immense potential for
sales growth in eco-friendly goods.

According to the theory of "Industrial Ecology," it would be

impossible for separate businesses to achieve industrial
sustainability. Industrial ecology is an alternate strategy. Waste

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would be reimagined as a resource for yet another
manufacturing step. The premise is that the byproducts of a
process can be just as important as the main result when
designing the process itself. Even counterproductive outcomes
are possible, such as when a procedure that generates a lot of
usable garbage is chosen over a more efficient one that
generates less waste.

Changing product prices to account for the entire

environmental cost of manufacturing is an important step
towards greening the marketplace. There is often little in
today's markets to encourage actions that are good for the
environment. In many cases, businesses and their clients don't
have to bear the full financial burden of the environmental
damage they cause. Smog, groundwater contamination,
pesticide residue, acid rain, and the loss of biological variety
are all examples of externalities that typically fall on bystanders
or the entire global population. The market would start
punishing environmentally detrimental practises and rewarding
benign ones when corporations were forced to internalise the
costs, often known as full-cost pricing.

Change Management The shift towards sustainability must start

at the top, in the boardroom, where decisions about company
culture, structure, and compensation for performance are made.
Any technological shift would be mostly reactive and based on
short-term compliance if the company culture did not change to
embrace the preventative ethic and the strategic benefit of
sustainable practises.

As part of their "Corporate Responsibility," businesses are

urged to launch an awareness campaign about the need of
environmental protection. The business community has to
understand that it depends on public support to function, and
that it is morally obligated to make amends for whatever

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damage it causes to the natural world.The government should
offer tax breaks for those who spend money on cleaning up the
environment and reducing pollution. There needs to be a
requirement for environmental reporting.

For Effective Environmental Education

1. Environment Education projects should be designed as a

complete system to satisfy economic and ecological needs
through partnership and cost sharing between government,
employers, institutions, non-governmental organisations
(NGOs), and society at large.Avoiding unnecessary repetition
of tasks by streamlining the underlying institutional
structure.The creation of a foundational curriculum and broad
revisions to existing curricula.Fourth, enhancing the training
and teaching abilities of educators.5. Establishing dedicated
centres for environmental education and training.Sixth,
implement cutting-edge pedagogical tools.7. Knowledge
sharing at the regional, national, and global levels.

Legislations Need To Be Enacted

The tension between ecological concerns and the desire for

economic growth is not resolved by the technological state of
the modern world, but only exacerbated. More places need
legal techniques to resolve conflicts and boost sustainable
progress. The following issues call for urgent legislative action:

1. Population Laws

The interconnectedness of environmental decline and poverty

in all its forms constitutes one of the country's most pressing
environmental challenges. Overpopulation and resource
depletion are the nearest causes of environmental degradation.
This is associated with the condition of natural resources
including land, water, air, and the plants and animals that

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inhabit them.15 It's been argued that while population expands
exponentially, productivity grows just linearly. The greatest
threat to the planet is the rapid and unchecked expansion of the
human population. Overpopulation puts a strain on ecosystems.
The pollution and environmental degradations8 are direct
results of the population boom, which in turn caused poverty.
Poverty is exacerbated and maintained when natural resources
like soil fertility, water supply and quality, air quality, forests,
wildlife, and fisheries are degraded. As a result, it becomes a
never-ending cycle of ruin for people and the environment.
Resources are not distributed fairly among the poor. When the
environment deteriorates, poor communities are hit the worst
because they lack the resources to stop it.

The Restraint Act of 1929 makes it illegal for a male or girl

under the ages of 21 and 18, respectively, to get married. The
legislation was partially effective in reducing the rate of
population increase. However, today’s population boom causes
the ecosystem to suffer even more severely than it did over a
century before. Therefore, immediate legislative efforts are
essential to forbid environmental degradation by population
control.

2. Plastic control law

Unwelcome plastic trash can be found in every corner of the

globe. Plastic waste is everywhere, from the world's oceans and
beaches to the fields of faraway countries. While plastic has
found widespread application as a material for things like
shopping bags, gloves, cutlery, and playthings, the fact that it is
man-made and subject to chemical processing means that its
use is generally frowned upon. Since it does not break down,
plastic can continue to cause harm for hundreds or even
thousands of years into the future. This is an estimate, however,
since plastic has only been around for a very short period of

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time. The alarming growth of plastic trash is a result of the
widespread practise of discarding plastic objects and packaging
shortly after purchase.

The Indian government, using authority granted by the

Environmental Protection Act of 1986, established regulations
(the Regulated Plastic Manufacturer and Regulation Rules,
1999) for the production and distribution of recycled plastic
shopping bags and food storage containers. Plastic bag
thickness is specified. The purpose of this rule is to encourage
the memberunits of the Plastics Industry Trade Association to
institute self regulatory policies. This regulation was created to
reduce the risk of food poisoning from plastics, but it has not
been successful in its broader goal of reducing plastic pollution.
Justice without a sword in her hand is believed to be the only
thing worse than injustice.

Controlling plastic pollution will require strong laws with an

efficient implementation strategy. Prohibiting single-use
plastics, careless trash disposal, and similar issues need to be
addressed in upcoming legislation. While outlawing plastic use,
it is essential to do rigorous scientific research on viable
alternatives and their effects on the environment. It is proposed
that in the future, legislation will be introduced that establishes
an institutional framework that will both stimulate and establish
scientific study in this area while also faking serious actions
(including fines) against plastic pollution..

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