2023

Environmental Laws

Hemant Patil
GLC 2025
4/18/2023
Contents
1. Evolution of Environmental Protection Law .......................................................... 3
2. Meaning & purpose of the Environmental Laws ...................................................... 3
3. Environment .............................................................................................. 3
4. Central Government Powers (EPA, 1986) ............................................................. 4
5. Provisions of environment protection under the IPC and CPC ..................................... 5
6. Section-wise Summary of Key Acts .................................................................... 7
7. Roots of various Environmental Laws ................................................................. 7
8. Water Act key provisions ................................................................................ 7
9. Offenses and penalties under Water Act ........................................................... 10
10. Air Act key provisions.................................................................................. 11
11. Offences & Penalties under Air Act.................................................................. 13
12. Environmental Protection Act key provisions ...................................................... 15
13. Indian Forest Act, 1927 key provisions .............................................................. 17
14. Forest Conservation Act (1980) key provisions ..................................................... 18
15. National Green Tribunal Act (2010) key provisions................................................ 19
16. Pollution Control Board Functions (Water Act, 1974) ............................................. 21
17. Constitutional provisions for environment protection and conservation ....................... 21
18. Wild life Act 1972 (Provisions & Salient Features) ................................................ 22
19. Wild Life Protection Act (Hunting) .................................................................. 24
20. Wild Life Protection Act (National Parks) .......................................................... 24
21. Provisions for effluents (EPA, 1986) ................................................................. 26
22. Sustainable development – Principles and Salient features ...................................... 27
23. Joint Pollution Control Board (Air Act) – Composition & functions ............................. 29
24. Sample Certification Process (Water Act) .......................................................... 29
25. Sample Certification Process (Air Act) .............................................................. 30
26. PIL & Judicial Activism in Environment Protection (through case law) ........................ 30
27. Penal provisions under the Water Act ............................................................... 31
28. Penal provisions under the Air Act................................................................... 31
29. Central Board Functions (Water Act) ................................................................ 32
30. Central Board Functions (Air Act) .................................................................... 32
31. Strict & Absolute Liability in Environment Protection Laws ..................................... 33
32. Noise Pollution Rules – Effective in true sense?.................................................... 33
33. Polluter Pays Principle ................................................................................ 34
34. Precautionary Principle ............................................................................... 35
35. Environmental Impact Assessment ................................................................... 35
36. Intergenerational and Intragenerational Duty ..................................................... 36
37. Public Trust Doctrine .................................................................................. 36

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38. Ratlam Municipality Case ............................................................................. 36
39. Forest Categories (Forest Act) ....................................................................... 37
40. Green House Effects ................................................................................... 37
41. Offenses by companies (Air Act) ..................................................................... 38
42. Environment Audit report ............................................................................. 38
43. Oleum gas leak case ................................................................................... 39
44. Treatment and disposal of bio-medical waste ..................................................... 39
45. Eco-labeling scheme ................................................................................... 40
46. Hazardous Waste Rules ................................................................................ 40
47. Bio-medical Waste ..................................................................................... 41
48. Power of Entry and Inspection (Air) ................................................................. 42
49. Stockholm Conference ................................................................................ 43
50. Rio-di-Janeiro conference ............................................................................ 44
51. Kyoto Protocol, Montreal Protocol and Convention on Biological Diversity.................... 44
52. Johannesburg Declaration ............................................................................ 45
53. Millennium Development Goals and Sustainable Development Goals........................... 45
54. Ozone Depleting Substances Rules 2014 ............................................................ 47
55. National Green Tribunal............................................................................... 47
56. Solid Waste Management Rules 2016 ................................................................ 47
57. Key Case Laws .......................................................................................... 48
58. Disclaimer ............................................................................................... 49

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Evolution of Environmental Protection Law
The evolution of environmental protection law in India can be traced back to the colonial era, when
the British government enacted laws to regulate forests and wildlife. After independence in 1947,
the Indian government took steps to protect the environment and enacted several laws and
regulations to address various environmental issues.

The Water (Prevention and Control of Pollution) Act, 1974 was the first major environmental law
enacted by the Indian government. The Act was passed to prevent and control water pollution and
to maintain or restore the wholesomeness of water. The Air (Prevention and Control of Pollution)
Act, 1981 was enacted to regulate air pollution and to maintain or improve the quality of air. In 1986,
the Indian government enacted the Environment Protection Act, which provides the framework for
the management and protection of the environment. The Act established the Ministry of Environment
and Forests and the Central Pollution Control Board (CPCB) to regulate and monitor pollution control
activities. The Wildlife Protection Act, 1972 was enacted to protect wildlife and their habitats, and
to prevent the extinction of endangered species. The Forest Conservation Act, 1980 was enacted to
conserve forests and to regulate diversion of forest land for non-forest purposes. In 1991, the National
Biodiversity Act was enacted to conserve India's biodiversity and to regulate access to genetic
resources. The Biological Diversity Rules, 2004 were also enacted to provide for the management and
conservation of biological resources. The Hazardous Waste (Management and Handling) Rules, 1989
were enacted to regulate the handling, transportation, and disposal of hazardous waste. The
Municipal Solid Waste (Management and Handling) Rules, 2000 were enacted to regulate the
management and handling of municipal solid waste.

In recent years, the Indian government has enacted several laws and regulations to address emerging
environmental issues, such as climate change and e-waste. The National Action Plan on Climate
Change was launched in 2008, which outlines the government's strategy to address climate change.
The E-Waste (Management & Handling) Rules, 2016 were enacted to regulate the management and
handling of electronic waste. This is because the consumers focus on the use, not its safe recycling.

Meaning & purpose of the Environmental Laws

The world has enough for everyone’s needs, but not enough for everyone’s greed. – Mahatma
Gandhi

Environmental laws are a set of rules and regulations enacted by governments to protect the
environment and preserve natural resources. These laws regulate human activities that can harm the
environment and promote sustainable development. The main purpose of environmental laws is to
maintain the balance between human needs and environmental protection. The meaning of
environmental laws is broad, covering a wide range of legal frameworks and regulations such as
pollution control, waste management, biodiversity conservation, natural resource management, and
environmental impact assessment. These laws are designed to ensure that human activities do not
cause irreparable damage to the environment, and that the sustainable use of natural resources is
maintained. The primary objectives of environmental laws are as follows:

1. Prevention, Control & abatement of Environmental Pollution (Chapter 3, Section 7 to 17,

EPA)
2. To prevent and reduce environmental damage caused by human activities.
3. To promote sustainable development that meets the needs of the present generation without
compromising the ability of future generations to meet their own needs.
4. To conserve and manage natural resources, including air, water, soil, and biodiversity.
5. To protect public health and safety from environmental hazards.
6. To ensure that people have the right to a healthy and safe environment.

Environment
The environment can be defined as the sum total of physical, chemical, and biological factors that
surround and interact with living organisms. It includes air, water, soil, flora, fauna, and other natural
resources that are essential for life on Earth. The quality of the environment is influenced by various

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factors such as natural phenomena, human activities, and global events. The components of the
environment include:
1. Atmosphere: The layer of air that surrounds the Earth, which consists of different gases such
as nitrogen, oxygen, carbon dioxide, and water vapor.
2. Hydrosphere: The water component of the Earth, which includes oceans, rivers, lakes, and
groundwater.
3. Lithosphere: The solid component of the Earth, which includes rocks, minerals, and soil.
4. Biosphere: The living component of the Earth, which includes all living organisms such as
plants and animals.

Factors affecting the quality of the environment:

1. Natural phenomena: Natural disasters such as earthquakes, floods, and hurricanes can have
a significant impact on the environment.
2. Human activities: Activities such as deforestation, urbanization, and industrialization can
lead to environmental degradation.
3. Global events: Global events such as climate change and global warming have a significant
impact on the environment.

Pollution is the presence of harmful substances in the environment. There are different kinds of
pollution, such as:
1. Air pollution: The presence of harmful substances in the air, such as particulate matter,
nitrogen oxides, sulphur dioxide, and carbon monoxide.
2. Water pollution: The presence of harmful substances in water bodies, such as industrial
waste, sewage, and agricultural chemicals.
3. Soil pollution: The presence of harmful substances in soil, such as pesticides, heavy metals,
and radioactive materials.

Global warming and climate change are two of the most significant environmental concerns of our
time. Global warming refers to the increase in the Earth's surface temperature, while climate change
refers to the changes in the Earth's climate patterns, including temperature, rainfall, and wind
patterns. These phenomena are mainly caused by human activities, such as burning fossil fuels and
deforestation. Environmental protection laws aim to preserve the quality of the environment and
protect it from pollution and degradation. In India, various laws and regulations have been enacted
to protect the environment, such as the Water Act, Air Act and the Environment (Protection) Act,
1986. These laws provide for the regulation of pollution, the protection of natural resources, and the
prevention of environmental degradation.

Remember: Environment & Economy are interdependent. Factors affecting our environment include
industrial revolution (indiscriminate use of natural resources and improper disposal of waste),
agriculture (pesticides) & changing lifestyle led by consumerism. Trail Smelter Case (1941) between
Canada & US (Canadian Industrial Unit pollution affecting people right upto Washington) fixed
transboundary pollution responsibility to originating state as nonstate has boundary to hurt other
states & its residents through damaging fumes/pollution. This landmark case was a beginning of
International Environmental laws. Sources of International laws per Article 38 (1) of International
Court of Justice include Treaties & conventions (Bilateral, Regional or Multilateral. They address
specific point issues only), Customs and general principles recognized by civilized nations (Primary
sources), and judicial decisions (Secondary sources).

Central Government Powers (EPA, 1986)

The Environmental Protection Act, 19NOV1986 is a comprehensive legislation that provides for the
protection and improvement of the environment in India. This act preamble declares this as an
adoption of Stockholm Conference 1972 commitment of India. Some believe that this act was a
reaction to Bhopal Gas Tragedy in 1984. Some of the aims & objectives of this act include:

a. Implement decisions taken at the UN Conference in Stockholm.

b. Enact Umbrella Law to fill the gaps by Water, Air & other such acts

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 c. Issue widest possible powers to Central Government to protect & improve
environment
d. Create authorities
e. Provide deterrence to environmental damages
Concentration of powers in the hands of Central Government is the main feature of EPA. It empowers
the Central Government with several powers and provisions to ensure that the objectives of the Act
are achieved. Here are some of the key powers and provisions for the Central Government under the
Environmental Protection Act, 1986:
1. Regulation of Industries: The Act empowers the Central Government to regulate industries
to prevent and control pollution. The Central Government can issue directions to industries
to maintain environmental standards, monitor their compliance, and take action against non-
compliance.
2. Setting Standards for Emissions and Effluents: The Act empowers the Central Government
to set standards for emissions and effluents from industrial and other sources. The Central
Pollution Control Board (CPCB) under the Ministry of Environment, Forests and Climate
Change is responsible for developing and enforcing these standards.
3. Prohibition and Restriction of Industries: The Act empowers the Central Government to
prohibit or restrict the location of industries in certain areas to prevent environmental
pollution. It can also prohibit the setting up or expansion of any industry that may cause
environmental pollution.
4. Declaration of Pollution Control Areas: The Central Government can declare any area as a
"pollution control area" where the pollution levels exceed the prescribed limits. The CPCB
can also notify such areas in consultation with the concerned state government.
5. Power to Take Action against Violations: The Act empowers the Central Government to take
action against any person, industry or authority for violating the provisions of the Act. The
Central Government can impose penalties, issue directions, and even close down industries
that violate environmental laws.
6. Power to Appoint Officers: The Central Government can appoint officers for the purpose of
carrying out the provisions of the Act. The officers can inspect industrial units, collect
samples, and take action against violators.
7. Power to Make Rules: The Act empowers the Central Government to make rules for carrying
out the provisions of the Act. These rules can relate to the handling of hazardous substances,
the management of solid waste and biomedical waste, and the prevention and control of air
and water pollution.
8. Coordination with State Governments: The Central Government can coordinate with state
governments to ensure effective implementation of the Act. The Central Government can
provide technical and financial assistance to the state governments for carrying out the
provisions of the Act.

Provisions of environment protection under the IPC and CPC

The Indian Penal Code (IPC) contains several provisions related to environmental protection. The IPC
is a criminal law that deals with various offenses related to the environment, including pollution of
air, water, and land. Here are some of the key provisions related to environmental protection under
the IPC:
1. Fouling water of public spring or reservoir (S277): This section provides for punishment for
anyone who voluntarily fouls the water of any public spring or reservoir, making it less fit for
the purpose for which it is ordinarily used. The offender can be punished with imprisonment
for up to three months or a fine or both.
2. Making the atmosphere noxious to health (S278): This section provides for punishment for
anyone who voluntarily causes or attempts to cause the atmosphere to become noxious to
health. The offender can be punished with imprisonment for up to six months or a fine or
both.
3. Rash driving or riding on a public way (S279): This section provides for punishment for
anyone who drives or rides any vehicle on a public way in a manner that is rash or negligent,
endangering human life or the safety of others. This section is relevant to environmental
protection as it can be used to prosecute individuals who drive vehicles in a manner that
causes air pollution.
4. Danger or obstruction in public way or line of navigation (S283): This section provides for
punishment for anyone who causes or allows any obstruction, danger, or injury to any person,

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 in a public way or line of navigation. This section can be used to prosecute individuals or
companies that cause pollution of water bodies or block public roads with hazardous waste.
5. Public nuisance (S290): This section provides for punishment for anyone who does any act
or is guilty of any omission that causes any common injury, danger, or annoyance to the
public or to the people in general who dwell or occupy the property in the vicinity. This
section can be used to prosecute individuals or companies that cause pollution of air, water,
or land, or engage in any activity that creates a public nuisance.
6. Causing death by negligence (S304A): This section provides for punishment for anyone who
causes the death of another person by doing any rash or negligent act that endangers human
life. This section can be used to prosecute individuals or companies that cause environmental
pollution that leads to the death of individuals.
The Civil Procedure Code (CPC) and the Criminal Procedure Code (CrPC) are two important procedural
laws that govern the process for the resolution of civil and criminal disputes in India respectively.
Both the CPC and CrPC contain several provisions related to environmental protection. Here are some
of the key provisions related to environmental protection under these laws:
1. CPC - Order I Rule 8: Representation of numerous persons in one suit: This provision allows
multiple individuals to join together and file a lawsuit against a common defendant. This
provision is particularly relevant in environmental cases where a group of individuals may be
affected by a common environmental issue.
2. CrPC - Section 133: Conditional order for removal of nuisance: This section provides for a
conditional order for the removal of a public nuisance that is causing danger or injury to the
health or physical comfort of the public. This section can be used to address environmental
pollution caused by individuals or companies.
3. CPC - Order VI Rule 17: Amendment of pleadings: This provision allows the court to permit
an amendment of the pleadings in a lawsuit. This provision is useful in environmental cases
where new evidence or information comes to light during the course of the proceedings.
4. CrPC - Section 144: Power to issue order in urgent cases of nuisance or apprehended
danger: This section provides for the power to issue an order in urgent cases of nuisance or
apprehended danger to the public. This section can be used to address situations where there
is an imminent threat to the environment or public health.
5. CPC - Order XX Rule 12: Decree for injunction: This provision allows the court to issue an
injunction, which is a court order that prohibits a party from engaging in a particular activity.
In environmental cases, this provision can be used to prevent individuals or companies from
engaging in activities that may continue to cause irreparable environmental harm.
6. CrPC - Section 268: Public nuisance: This section makes it an offense to commit a public
nuisance. This provision can be used to address situations where an individual or company is
causing environmental pollution that is affecting the health or physical comfort of the public.
7. CPC - Order XXI Rule 32: Sale of property before judgment: This provision allows the court
to order the sale of property before a judgment is rendered. This provision can be used in
environmental cases where an individual or company may be required to sell assets to pay
for environmental remediation or compensation to affected parties.
8. CrPC - Section 15: Jurisdiction of criminal courts in environmental cases: This section
provides for the jurisdiction of criminal courts in environmental cases. It allows for the trial
of offenses related to environmental protection under the CrPC.

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Section-wise Summary of Key Acts

Roots of various Environmental Laws

Water Act key provisions

We have 2 Primary Water sources Surface (Rivers, Lakes, Ponds etc) and Ground Water. Water may
be available, but may not be usable due to the pollution. 3 Pollution Sources: Point Sources (Disposal
of effluents, domestic sewage), Non-point Sources (Agricultural run-off) and other sources
(Encroachments, sand mining, dumping waste, religious activities). While we don’t have any direct
constitutional protection provision, Article 21 Right to Life was broadly interpreted in Subhash Kumar
v. State of Bihar to include pollution free water environment and in Virendra Gaur v. State of
Haryana for hygienic environment. In DPSP (Article 47), State has a duty to endeavour & improve

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public health and (Article 48-A) protect, improve environment. Article 51-A (g) assigns fundamental
duty to every citizen to protect & improve natural environments such as lakes, rivers etc. The act
follows command & control approach means lays down standards of effluent discharge and enforce
penalties for non-compliances. The Act was amended in 1988 to make it more comprehensive and
effective. The main sources of water pollution include:
a. Domestic waste (~75% water pollution in India)
b. Industrial Waste (Trade effluents)
c. Insecticides & pesticides
d. Thermal Pollution (raising water temperature, upsets ecological balance), and
e. Radiation waste

The Act provides for the prevention & control of water pollution, the maintenance or restoration of
wholesomeness of water and Establish boards (Central & State Pollution Control Boards) as custodians
of effecting this act. Let me explain the key sections of the Water Pollution Prevention Act in India.
1. Section 2 Definitions This section defines important terms used in the Act. These include
"discharge of sewage or trade effluent," "industrial effluent," "local authority," "pollutant,"
"stream," "well," and "watercourse," among others. The definitions provide clarity and ensure
that there is a common understanding of the terms used in the Act.
A. Pollution refers to the direct or indirect introduction of any substance into water,
land, or air, which can result in harm or deterioration of the environment or any
change in the properties of water, land, or air that may be injurious to human beings,
other living organisms, or property.
B. Sewage effluent means effluent from any sewerage system or sewage disposal works
and includes sullage from open drains;
C. Trade effluent means any liquid waste resulting from any trade or industry, including
manufacturing processes, treatment processes, or cleaning operations, that is
discharged into water bodies.
D. Stream includes river, water course (flowing or for the time being dry), inland water
(natural or artificial), sub-terranean waters and sea or tidal waters
2. Section 3 & 4 Constitution of Central (CPCB) & State Pollution Control Boards (SPCBs)
These sections provide for the constitution of CPCBs & SPCBs, which are responsible for
implementing the provisions of the Act. The SPCBs are empowered to advise the state
government (and CPCB to Central Government) on matters related to prevention and control
of water pollution, issue consent to industries for the discharge of effluents, and take action
against polluting industries. In CPCB (and similar structure at SPCBs), a full time Chairman
nominated by Central Government plus (Upto 5 by Centre, Upto 5 from State Boards, Upto 3
of specific interest, upto 2 from PSUs, 1 Full time member secretary – upto a max team of 17
including the Chairman). Section 13 has a provision of a Joint Board combined by Centre & 1
or more State and/or Union Territory.
3. Section 16 & 17 Functions of Central & State Boards
A. Central Board functions include:
a) To promote cleanliness of streams and wells in different areas of the States by
prevention, control, and abatement of water pollution.
b) To improve the quality of air and to prevent, control, or abate water & air
pollution in the country.
c) To collect, collate, and disseminate technical and statistical data relating to
water and air pollution.
d) To provide technical assistance and guidance to the State Pollution Control
Boards, State Governments, and other concerned agencies on matters related to
prevention and control of water and air pollution.
e) To conduct and promote research and development in the field of water and air
pollution control.
f) To inspect, monitor, and assess the quality of water and air in different parts of
the country.
g) To lay down, modify, or annul, in consultation with the State Governments
concerned, the standards for the quality of water and air.

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 MC Mehta v. Union of India closure of tanneries discharging trade affluents into the
river Ganges.
B. Functions of state board include:
a) To promote cleanliness of streams and wells in different areas of the States by
prevention, control, and abatement of water pollution through a comprehensive
program.
b) To improve the quality of air and to prevent, control, or abate water & air
pollution in the State.
c) To collect, collate, and disseminate technical and statistical data relating to
water and air pollution.
d) To provide technical assistance and guidance to the industries, local bodies, and
other concerned agencies on matters related to prevention and control of water
and air pollution.
e) To evolve economical, reliable methods for treatment & utilization of sewage
and trade effluents.
f) To inspect, monitor, and assess the quality of water and air in different parts of
the State.
g) To lay down, modify, or annul, in consultation with the CPCB, the standards for
the quality of water and air.
h) To issue directions to persons carrying on any industry, operation, or process on
matters such as the standards of quality of water to be maintained, the measures
to be taken for the prevention and control of water pollution, and the manner in
which the industry, operation, or process should be carried out to prevent and
control water pollution.
i) To issue directions for the closure, prohibition, or regulation of any industry,
operation, or process that is causing or is likely to cause water pollution.
The CPCB and SPCBs are responsible for the implementation of legislation relating to the
prevention and control of environmental pollution.
4. Section 21 Power to take samples and inspect premises This section empowers the SPCB or
its authorized representative to enter any premises (upon serving the notice), including
industrial establishments, for the purpose of taking samples (in presence of occupier) and
inspecting any control equipment or monitoring apparatus. The section also empowers the
SPCB to take legal action against any person who obstructs the exercise of these powers.
Section 23 empower authorised person by SPCB/CPCB an entry for performing functions
entrusted by the Board such as compliance inspection, examine plant/records/equipment &
procedure.
5. Section 24 Prohibition on the discharge of pollutants This section prohibits the discharge
of any pollutant into a stream, well, or any other watercourse, except under the authority
of a consent granted by the SPCB. The section also empowers the SPCB to impose conditions
on the consent granted, including the quantity and quality of the effluent that can be
discharged. AP SPCB v. MV Nayudu (2001) contravening the provisions of act.
6. Section 25 Restrictions on new outlets and new discharges This section prohibits the
establishment of any new outlet for the discharge of effluent into a stream or well without
the previous consent of the SPCB. The section also prohibits the discharge of any new
pollutants into any stream or well, except under the authority of a consent granted by the
SPCB.
7. Section 22 Analysis of samples and procedure for dealing with samples This section
provides for the analysis of samples taken and the procedure for dealing with the samples.
The section requires the SPCB to provide the person from whom the sample was taken with
a copy of the analysis report and take appropriate action if the analysis reveals that the
effluent is not within the prescribed limits.
8. Section 28 Appeal against the orders of the SPCB This section provides for an appeal against
any order or decision of the SPCB to the Appellate Authority, which is usually a senior officer
in the state government. The appeal must be filed within 30 days of the order or decision.
9. Section 42 to 45 Penalties for contravention of the provisions of the Act These sections
provide for penalties for various contraventions of the provisions of the Act. The penalties

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 may include imprisonment and/or a fine, depending on the severity of the contravention.
They also provide for enhanced penalties for repeated contraventions.
10. Section 47 Offenses by companies If an offense is committed by a company, every person
who, at the time the offense was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offense and shall be liable to be proceeded against and punished
accordingly. Such person can escape liability if he proves his lack of knowledge of such
offense and he took all due-diligence to prevent the commission of such offense. UP PCB v.
Mohan Miakins Ltd – 17 Years lapse is no ground to absolve guilty officers.
11. Section 58 Bar of Jurisdiction: No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of any matter which an appellate authority constituted under this Act
is empowered by or under this Act to determine, and no injunction shall be granted by any
court or other authority in respect of any action taken or to be taken in pursuance of any
power conferred by or under this Act.
12. Section 63 & 64 Powers of Central & State Governments to make rules: It include:
A. Setting standards
B. Prohibition of activities
C. Licensing & permissions
D. Monitoring & testing
E. Environmental Impact Assessment
F. Compliance & enforcement
Water Cess Act, 1977 augments financial resources for SPCBs through levying of cess on industries,
local authorities & individuals carrying certain businesses. They also offer 25% rebate to those
installing sewage & trade effluent treatment plants. In case of conflict, Environmental Pollution Act
provisions will prevail over the Water Act.

Offenses and penalties under Water Act

The Water (Prevention and Control of Pollution) Act, 1974 is an environmental legislation in India
that aims to prevent and control water pollution. Here are some of the relevant sections of the Act
that provide penalties for various offenses related to water pollution:
1. Section 24 Contravention of Standards for Discharge of Pollutants: Any person who fails to
comply with the prescribed standards for the discharge of pollutants into water bodies shall
be punishable with imprisonment for a term that may extend to three months, or with a fine
that may extend to Rs,10,000, or with both. In the case of a continuing offense, there may
be an additional fine for every day during which the offense continues after conviction.
2. Section 31 Failure to Furnish Information: Any person who fails to furnish any information,
returns, or statistics required to be furnished under the Act, or furnishes false information,
shall be punishable with imprisonment for a term that may extend to three months, or with
a fine that may extend to Rs.10000, or with both.
3. Section 41 Failure to Comply with Directions: If any person fails to comply with any order,
direction, or notice issued by the State Pollution Control Board (SPCB) or the Central Pollution
Control Board (CPCB) under the Act, they shall be punishable with imprisonment for a term
that may extend to three months, or with a fine that may extend to Rs.10000, or with both.
4. Section 45A Contravention of Prohibition Orders: If any person contravenes any prohibition
order issued by the SPCB or the CPCB under the Act, they shall be punishable with
imprisonment for a term that may extend to three months, or with a fine that may extend to
Rs.10000, or with both.
5. Section 47 Offenses by Companies: If an offense under the Act is committed by a company,
every person who, at the time of the offense, was in charge of and responsible for the conduct
of the company's business shall be deemed to be guilty of the offense and shall be liable to
be proceeded against and punished accordingly.
The penalties mentioned above are not exhaustive, and specific penalties may vary based on the
nature and severity of the offense.
Reasons for an inadequate implementation of this act include:
a) Lack of infrastructure for frequency & monitoring stations,

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 b) Failure to act against defaulters,
c) Low quantum of penalties,
d) Cost of non-compliance is less than cost of compliance leads to non-deterrence,
e) Inadequacy of standards, lack of will & corruption.

Air Act key provisions

India today stands 8th most air polluted countries in the world ranking. In Subhash Kumar v. State of
Bihar, SC widened the Article 21 definition (Life and Personal Liberty) to include clean environment.
The decision to take appropriate measures preserving Air quality was taken at the Stockholm (UN
Conference on Human Environment, 1972). Ministry of Environment & Forests (MoEF) using Article
253 of the Constitution (to implement decisions taken at the international conferences) created the
Air (Prevention & Pollution Control) Act, 1981. Objective of this Act is to prevent, control and abate
the Air pollution. The same agencies are responsible under the Act (as in the Water Act) like SPCB
and CPCB for improving air quality, prevent/control/abate air pollution and lay down air quality
standards for residential, industrial, rural, other areas such as ecologically sensitive areas. SPCB (in
consultation with CPCB) lays down air quality standards for Emissions of Air pollutants from
Industry/Automobile/any other sources (but not ship or aircrafts). It also advises State Government
on suitability of location for polluting industries.

The Air (Prevention and Control of Pollution) Act, 1981 act provides for the prevention, control, and
abatement of air pollution and the establishment of ambient air quality standards. Let me explain
the key sections of the Air Pollution Prevention Act in India:
1. Section 2 include Definitions such as air pollutant, emission, occupier, person, prescribed,
state board, vehicle, and stationary source, among others. The definitions provide clarity
and ensure that there is a common understanding of the terms used in the Act.
1. Air Pollution means the presence of one or more air pollutants in the atmosphere,
resulting from industrial, commercial, agricultural, or other human activities, in
quantities and durations that are detrimental or likely to be detrimental to human
health or the environment.
2. Air Pollutant refers to any solid, liquid, or gaseous substance present in the
atmosphere in quantities that may be harmful or injurious to human beings, animals,
plants, or property, or that may adversely affect the environment or the quality of
air.
3. Approved Appliances refers to any apparatus, equipment, machinery, or device that
has been certified or approved by the Central Pollution Control Board or the State
Pollution Control Board as complying with the emission standards or requirements
specified under the Act.
4. Industrial plant means any plant used for any industrial or trade purposes
and emitting any air pollutant into the atmosphere
5. Occupier refers to any person who has control over any industrial plant, and includes
the owner or operator of the plant.
6. Emission means any solid or liquid or gaseous substance coming out of any
chimney, duct or flue or any other outlet
7. Pollution Control Equipment means any apparatus, device, equipment, or system
used or intended to be used to prevent, control, or reduce the emission of air
pollutants from any source.
8. Chimney includes any structure with an opening or outlet from or through
which any air pollutant may be emitted
2. Section 3 & 4 Constitution of Central & State Pollution Control Boards (CPCB & SPCBs) This
section provides for the constitution of SPCBs in each state and the CPCB at the national
level. The CPCB is responsible for coordinating the activities of the SPCBs and providing
technical assistance to them. The SPCBs are responsible for implementing the provisions of
the Act in the states.
3. Section 15 Delegation of powers: A State Board may, by general or special order, delegate to
the Chairman or the member-secretary or any other officer of the Board subject to such

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 conditions and limitations, if any, as may be specified in the order, such of its powers and
functions under this Act as it may deem necessary.
4. Section 16 & 17 Functions of Central & State Boards
Central Board Functions
a. Advise the Central Government on any matter concerning the improvement of the
quality of air and the prevention, control or abatement of air pollution.
b. Make efforts for the prevention, abatement, and control of air pollution in the
country and may advise the Central Government on the same.
c. Plan and implement a nationwide program for the prevention, control, and
abatement of air pollution.
d. Improve the quality of air and prevent, control, or abate air pollution.

State Board Functions

a. Plan a comprehensive program for the prevention, control, or abatement of air
pollution and secure the execution thereof.
b. Advise the State Government on any matter concerning the prevention, control, or
abatement of air pollution.
c. Declare any area as an air pollution control area, although with a condition that the
same shall be with prior consultation from the Central Pollution Control Board.
d. Implement comprehensive programs for the prevention, control, and abatement of
air pollution.
5. Section 19 Power to declare and/or alter any area as ‘Air pollution Control area’.
6. Section 20 Power to give instructions for ensuring standards for emission from automobiles:
The State Government shall, in consultation with the State Board, give such instructions as
may be deemed necessary to the concerned authority in charge of registration of motor
vehicles under the Motor Vehicles Act, 1939 (4 of 1939), and such authority shall,
notwithstanding anything contained in that Act or the rules made thereunder be bound to
comply with such instructions. Section 21 restricts any person to establish or operate any
industrial plant without previous consent of the State board.
7. Section 23 Furnishing of information for any accidents, pollution to the state board, who then
can act as early as possible to take necessary measures for containment & prevention of
damages.
8. Section 24 Power of entry and inspection: Any person empowered by a State Board in this
behalf shall have a right to enter, at all reasonable times with such assistance as he considers
necessary, any place—
(a) for performing any of the functions of the State Board entrusted to him;
(b) for determining whether and if so in what manner, any such functions are to be
performed or whether any provisions of this Act or the rules made thereunder or any
notice, order, direction or authorisation served, made, given or granted under this
Act is being or has been complied with;
(c) for examining and testing any control equipment, industrial plant, record,
register, document or any other material object or for conducting a search of any
place in which he has reason to believe that an offence under this Act or the rules
made thereunder has been or is being or is about to be committed and for seizing
any such control equipment, industrial plant, record, register, document or other
material object if he has reasons to believe that it may furnish evidence of the
commission of an offence punishable under this Act or the rules made thereunder.
9. Section 26 Power to take samples of air or emission and procedure to be followed in
connection therewith:
a) Any officer of the Pollution Control Boards has the power to take samples from any
chimney, duct, or any outlet as prescribed for testing and seeing whether the
emissions are within the prescribed limits.
b) Samples of air or emissions may be taken from any chimney, flue, duct, or any outlet
as prescribed. The samples shall be admissible in legal proceedings only on the
fulfilment of certain conditions as prescribed.

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 c) The procedure for the collection of samples of emission is prescribed under Section
26 of the Air Pollution Act. The sample of emission is to be taken by the officer of
the Pollution Control Board in the presence of the person operating the plant or
control equipment or his authorized representative.
d) The officer of the Pollution Control Board shall give notice in writing of his intention
to take a sample of emission to the person operating the plant or control equipment
or his authorized representative.
e) The sample of emission shall be divided into three parts and each part shall be placed
in a clean airtight container and sealed and labelled.
f) The officer of the Pollution Control Board shall send one part of the sample for
analysis to the laboratory established or recognized by the Central or State
Government, one part to the person operating the plant or control equipment or his
authorized representative, and retain the third part for production in a court of law
10. Section 31A Power to give directions: Board may, in the exercise of its powers and
performance of its functions under this Act, issue any directions in writing to any person,
officer or authority, and such person, officer or authority shall be bound to comply with such
directions. These powers include direct closure of plant, operation or process or stoppage
supplying of electricity/water or any other service.
11. Section 39 Penalty for contravention of certain provisions of the Act: Whoever contravenes
any of the provisions of this Act or any order or direction issued thereunder, for which no
penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for
a term which may extend to three months or with fine which may extend to Rs.10,000/- or
with both, and in the case of continuing contravention, with an additional fine which may
extend to Rs.5,000/- for every day during which such contravention continues after
conviction for the first such contravention
12. Section 40 Offences by companies:
a) If an offense is committed by a company, every person who, at the time the offense was
committed, was directly in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company itself, shall be deemed
to be guilty of the offense and shall be liable to be proceeded against and punished
accordingly.
b) The person in charge of the company and the company itself shall be punished with a
fine, which may extend to one lakh rupees, and in the case of a continuing offense, with
an additional fine which may extend to five thousand rupees for every day during which
the offense continues after conviction for the first such offense.
c) It is important to note that the person in charge of the company shall not be liable to
any punishment if he proves that the offense was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offense
13. Section 46 Bar of jurisdiction: No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of any matter which an Appellate Authority constituted under this Act
is empowered by or under this Act to determine, and no injunction shall be granted by any
court or other authority in respect of any action taken or to be taken in pursuance of any
power conferred by or under this Act.

Murli Deora v. Union of India in 2001 effected ban on smoking in public places.

Offences & Penalties under Air Act

The Air (Prevention and Control of Pollution) Act, 1981 is an environmental legislation in India that
aims to prevent and control air pollution. The Act provides for various offenses and penalties for
violations. Here are the relevant sections of the Air (Prevention and Control of Pollution) Act, 1981
that provide penalties for various offenses related to air pollution in India:
1. Failure to comply with emission standards: Any person, industry, or other sources of air
pollution that fails to comply with the prescribed emission standards can be considered an
offense. The penalty for non-compliance may include imprisonment for a term that may

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 extend up to 5 years, a fine that can range from Rs.1 to 5 Lacks, or both. For a continuing
offense, an additional fine of up to Rs.25,000 per day may be imposed.
2. Contravention of other provisions: Violations of various provisions of the Act, such as the
establishment or operation of industries without obtaining prior permission or consent from
the pollution control boards, can be considered offenses. The penalty for contravening these
provisions may include imprisonment for a term that can extend up to 6 months, a fine
ranging from Rs. 10,000 to Rs.1,00,000, or both. For a continuing offense, an additional fine
of up to Rs.5,000 per day may be imposed.
3. Failure to comply with directions: Non-compliance with the directions issued by the
pollution control authorities, such as installation of pollution control equipment or cessation
of certain activities causing air pollution, can be considered an offense. The penalty for such
non-compliance may include imprisonment for a term that may extend up to 3 months, a fine
ranging from Rs.10,000 to Rs.1,00,000, or both.
4. False statements or documents: Providing false information or documents to the pollution
control authorities can be an offense under the Act. The penalty for such offenses may
include imprisonment for a term that can extend up to 3 months, a fine ranging from Rs.
10,000 to INR 1,00,000, or both.
In addition, there are following provisions relating to public nuisance such as outlined in the Law of
Tort, IPC, CrPC and CPC (Section 268 of IPC, Section 133 of CrPC, and Section 91 of CPC).

The various forms of Air pollution include:

1. Industrial Pollution: Necessary consents for the plants from SPCB are essential, restrained
from discharging any air pollutants in excess of SPCB standards. Violators are subject to
penalties such as imprisonments, fines and restraint. While SPCB does not have power to
penalize violators, they go through the court of law, but have power directing the closure of
industry, pollution or process or to stop/regulate supply of electricity/water/any other
service. Taj Trapezium Case (MC Mehta v. UoI 1997) objected industrial & vehicular pollution
impact on the Taj Mahal. Court applied Precautionary Principle, and upheld importance of
human lives as well as National Monument. It ordered industries either to stop coal
usage/move to CNG or relocate.
2. Vehicular Pollution: SPCB (in consultation with CPEB) lays down standards for emission of
air pollutants from automobiles (such as smoke, vapour etc). It gives authority & necessary
instructions through Motor Vehicles Act, 1989. Central Motor Vehicle Rules 1989 also establish
nationwide emission levels for old, new, diesel & petrol vehicles (PUC Certificates for
Vehicles), and enforce manufacturers to certify conformance of standards. Supreme Court
ensured effective implementation of Air Act through various orders including:
a. Mandatory use of catalytic convertor in specific vehicles
b. Introduction & use of unleaded fuel, and
c. Conversion of vehicles from Petrol/Diesel to CNG
d. Phasing out of old vehicles (mostly commercial)
e. Establish norms such as Euro I, II, and now VI
3. Noise pollution: Environment Protection Act defines standards for Noise levels at Coal mines,
Noise limits for automobiles, for domestic appliances, construction equipment and generator
sets. Noise pollution rules (2010 amendment) prescribe maximum permissible limits in
different areas (industrial, commercial, residential or silence zones) where use of loud
speakers/PA System is subject to written permission. Night time is 10PM to 6AM for
prohibition of sound pollution in residential areas. Violations are punishable under the EPA,
1986. Supreme Court directed state governments to:
a. Seize loudspeakers making noise beyond permissible limits
b. Specify Ambient quality standards in different areas, and
c. Add chapter in text books for ill-effects of sound pollution
4. Cigarette spoking is also prohibited in public & open places visited by people such as
workplaces, shopping malls & cinema halls, railway stations, bus stops, stadiums, auditoriums
with separate smoking areas in hotels & airports (Rules 2008). Open burning of wastes such
as plastic, Municipal & Hospital solid wastes, is prohibited. NGT has imposed a nationwide
ban for ‘Unregulated open burning of plastic, rubber and such other articles.

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Environmental Protection Act key provisions
Environmental Pollutant means any solid, liquid or gaseous substance present in such concentration
as may be or tend to be injurious to the environment, and its presence in the environment leads o
Environment Pollution. MoEF, under the power to take measures improving & protecting
environment, lays down emission/discharge standards for Air pollutants, and make rules to regulate
air pollution (including allowable limits of air pollutant concentrations in different areas).

Indian Constitution originally did not contain any provision for the environment protection. Stockholm
conference in 1972 influenced the importance and through 42nd Amendment, fundamental duties of
citizens to protect environment (forests, lakes, rivers and wildlife) were added. This amendment also
added DPSP through Section 48A directing states to protect & improve the environment and safeguard
forests and life. In the wake of Bhopal Gas tragedy in 1984, the Environment Protection Act, 1986
was enacted (under article 253 of Indian Constitution) to provide for the protection and improvement
of the environment. The Act provides for the prevention, control, and abatement of environmental
pollution and the establishment of environmental standards through a total of 4 chapters & 26
sections. Ministry of Forests & Environment is entrusted to implement these provisions. Let us
understand the key sections of the Environment Protection Act in India.
1. Section 2 Definitions Section 2 of the Environment Protection Act 1986 in India includes key
definitions that are important for understanding the scope and provisions of the act. Here
are the summarized definitions:
a) Environment: It refers to water, air, and land, and the interrelationship between them,
as well as the organisms, including humans, living within these systems.
b) Environmental Pollutant: Any solid, liquid, or gaseous substance present in the
environment in quantities that are harmful or likely to be harmful to human beings, other
living organisms, or property.
c) Hazardous Substance: Any substance or preparation that, by its properties or handling,
has the potential to cause harm to human beings, other living organisms, or the
environment.
d) Environmental Pollutant Monitoring: The systematic observation or measurement of
pollutants present in the environment or the assessment of their effects on humans,
animals, plants, or property.
e) Environmental Pollutant Control: The prevention, abatement, and control of
environmental pollution, including the management and disposal of hazardous
substances.
f) Environmental Impact Assessment (EIA): The process of evaluating the potential
environmental impacts of a proposed project or activity, including the assessment of its
likely effects on the environment, society, and human health.
g) Environmental Laboratory: A laboratory designated or recognized by the central or state
government for the purpose of carrying out analyses of environmental samples and
providing reliable data on environmental quality.
h) Environmental Clearance: The permission granted by the government or an authorized
authority to undertake any development project after considering its potential impacts
on the environment and ensuring compliance with prescribed safeguards.
2. Section 3 Powers of the Central Government This section empowers the Central
Government to take measures for the protection and improvement of the environment. The
Central Government may make rules, appoint officers, issue directions, guidelines, and
notifications for the prevention, control, and abatement of environmental pollution. The
section also empowers the Central Government to establish environmental standards and
prohibit or regulate the handling of hazardous substances. Measures include coordinate with
states, plan & execute nationwide program, lay down standards, restrictions, procedures &
safeguards, and investigate & inspect environment violations.
3. Section 4 Appointment of officers and their powers and functions: This section enables
the central government to appoint officers with specified powers for the purpose of enforcing
the provisions of the Act.
This section provides for the appointment of environmental authorities by the Central
Government to carry out the provisions of the Act. The authorities may include officers or

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 other persons with appropriate qualifications and experience. The section also empowers the
authorities to take measures for the prevention, control, and abatement of environmental
pollution. In Vellore Citizens case, SC ordered to establish this authority within 1 month after
a 10 years of government slumber for ignoring environment protection.
4. Section 5 Power to Give Directions: The Central Government may, in the exercise of its
powers and performance of its functions under this Act, issue directions in writing to any
person, officer or any authority and such person, officer or authority shall be bound to comply
with such directions. This section empowers the Central Government or the State
Government to issue directions to any person, officer, or authority for the prevention,
control, or abatement of environmental pollution. The section also empowers the Central
Government or the State Government to take legal action against any person who fails to
comply with the directions.
Powers of the State Government Empowerment of the State Government to take measures
for the protection and improvement of the environment within the state. The State
Government may issue directions, guidelines, and notifications for the prevention, control,
and abatement of environmental pollution. Act also empowers the State Government to
establish environmental standards and prohibit or regulate the handling of hazardous
substances.
5. Section 7 Persons carrying on industry operation not to allow emission or discharge of
environmental pollutants in excess of the standards: No person carrying on any industry,
operation or process shall discharge or emit or permit to be discharged or emitted any
environmental pollutants in excess of such standards as may be prescribed.
6. Section 8 Persons handling hazardous substances to comply with procedural safeguards:
No person shall handle or cause to be handled any hazardous substance except in accordance
with such procedure and after complying with such safeguards as may be prescribed.
7. Section 11 Power to take samples and inspect premises This section empowers any officer
or authority authorized by the Central Government or the State Government to enter any
premises, including industrial establishments, for the purpose of taking samples and
inspecting any control equipment or monitoring apparatus. The section also empowers the
officer or authority to take legal action against any person who obstructs the exercise of
these powers.
8. Section 12 Environmental Laboratories This section provides for the analysis of samples
taken under Section 11 and the procedure for dealing with the samples. The section requires
the officer or authority to provide the person from whom the sample was taken with a copy
of the analysis report and take appropriate action if the analysis reveals that the pollution is
not within the prescribed limits.
9. Section 15 Penalties for contravention of the provisions of the Act This section provides
for penalties for contravention of the provisions of the Act. The penalties may include
imprisonment and/or a fine, depending on the severity of the contravention. The section also
provides for enhanced penalties for repeated contraventions.
10. Section 16 Offences by companies This section provides for the liability of companies for
the contravention of the provisions of the Act. The section states that if an offence is
committed by a company, every person who, at the time of the offence, was in charge of
and responsible for the conduct of the business of the company shall be deemed to be guilty
of the offence.
11. Section 22 Bar of Jurisdiction No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of anything done, action taken or order or direction issued by the
Central Government or any other authority or officer in pursuance of any power conferred by
or in relation to its or his functions under this Act.
12. Section 25 Power to make rules Section 25 of the Environment Protection Act, 1986 in India
empowers the Central Government to make rules for carrying out the purposes of the Act.
This section gives the Central Government the authority to issue notifications in the Official
Gazette to make rules for the effective implementation of the Act. The Central Government
has the power to:

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 a) Take all necessary measures to protect and improve the quality of the environment
and control and reduce pollution from all sources.
b) Prohibit or restrict the setting up and/or operation of any industrial facility on
environmental grounds.
c) Establish authorities charged with the mandate of preventing environmental
pollution in all its forms and to tackle specific environmental problems that are
peculiar to different parts of the country.
d) Issue notifications in the Official Gazette to make rules for the effective
implementation of the Ac
e) Delegate its powers to other authorities
Case Law: Hospital Mazdoor Sabha AIR 1960 – stated the definition of Environment is inclusive
and wide in broad sense.

Indian Forest Act, 1927 key provisions

1/3rd of India should be a minimum forest cover. However, its rapid decline is due to factors such as
big development projects, mining, agriculture & industrialization/urbanization. The act deals with 4
categories of forests namely Reserved, Village, Protected and Non-government forests.

The Indian Forest Act, 1927 is an important legislation that governs the conservation, management,
and utilization of forests in India. The Act was enacted to consolidate and amend the laws relating
to forests, the transit of forest produce, and the duty levied on timber and other forest produce. Let
me explain the key sections of the Indian Forest Act, 1927.
1. Section 2 Definitions This section defines important terms used in the Act. These include
"forest," "forest produce," "reserved forest," "unreserved forest," "timber," "trees," and
"wildlife," among others. The definitions provide clarity and ensure that there is a common
understanding of the terms used in the Act.
a) Forest includes any land that is designated or notified as a forest under the Indian
Forest Act, 1927, and primarily consists of trees, shrubs, bushes, and other
vegetation, whether natural or planted, and all the land, water bodies, and
structures within such areas.
b) Reserved Forest refers to any forest land that has been designated as a reserved
forest under the Indian Forest Act, 1927. These forests are afforded a higher level of
protection and are managed by the government for the conservation and sustainable
use of forest resources. Appointed Forest Settlement Officer determines the nature
& extent of rights here. Section 8 defines his powers.
c) Protected Forest includes any forest land notified as a protected forest under the
Indian Forest Act, 1927. These forests are managed for the purpose of ensuring the
sustainable utilization of forest resources while also protecting their ecological
integrity.
d) Government refers to the Central Government or the State Government, depending
on the context of the provision.
e) Collector means the highest revenue officer within a district or any other officer
designated by the State Government to perform the functions of a Collector under
the Indian Forest Act, 1927.
f) Forest Produce encompasses a wide range of products derived from forests,
including timber, charcoal, fuelwood, resin, lac, medicinal plants, wildlife, and any
other product specified under the Act.
g) Officer-in-charge of a Police Station refers to the police officer responsible for the
administration and management of a specific police station within the jurisdiction of
the Act.
2. Section 3 Declaration of reserved forests and protected forests This section provides for
the declaration of reserved forests and protected forests by the state government. The state
government may declare any forest land to be a reserved forest or a protected forest. The
section also provides for the appointment of a forest settlement officer to carry out the
settlement of rights and interests in the forest land.

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 3. Control over reserved forests This section provides for the control and management of
reserved forests. The section states that the state government shall have the exclusive power
to control, manage, and conserve the reserved forest. The section also empowers the state
government to make rules for the conservation and management of the reserved forest.
Prohibition of activities such as setting of fire, felling off trees & restriction of people to
enter so that conservation of trees, preservation of soil & protection of resources happens.
However, the protection wasn’t absolute. Permit system legalised such activities. It
commercialized the forests in India & evicted traditional forest communities from their
natural habitats, converting forests from part of ecology to a commercial source of raw
material for revenue and large-scale deforestation deterioration the habitat.
4. Control over unreserved forests This section provides for the control and management of
unreserved forests. The section states that the state government shall have the power to
regulate the use of unreserved forests and make rules for the conservation and management
of the unreserved forest.
5. Transit of forest produce This section provides for the regulation of the transit of forest
produce. The section states that no person shall transport any forest produce except under
a permit granted by the competent authority. The section also provides for the seizure of
forest produce transported in contravention of the provisions of the Act.
6. Offences and penalties These sections provide for penalties for contravention of the
provisions of the Act. The penalties may include imprisonment and/or a fine, depending on
the severity of the contravention. They also provide for enhanced penalties for repeated
contraventions.
7. Forest offences by companies This section provides for the liability of companies for forest
offences. The section states that if an offence is committed by a company, every person who,
at the time of the offence, was in charge of and responsible for the conduct of the business
of the company shall be deemed to be guilty of the offence.
8. Power of entry and inspection This section empowers any forest officer authorized by the
state government to enter any land and inspect any premises, vehicle, or vessel used in the
commission of any forest offence. The section also empowers the forest officer to take legal
action against any person who obstructs the exercise of these powers.
9. Power to arrest without warrant This section empowers any forest officer authorized by the
state government to arrest without warrant any person who has committed or is reasonably
suspected of having committed any forest offence.

Forest Conservation Act (1980) key provisions

The 42nd Amendment to the Constitution inserted Article 48A (State endeavor to safeguard forests &
wildlife) and 51A (g) duty of every citizen to protect forests.

The purpose of this act was to arrest the rampant deforestation with two objectives: One is to restrict
use of forest land for non-forest purpose and second to control de-reservation of forests. This shifted
regulatory power from states to the centre for any ‘non-Forest Purpose’ prior permissions (with
restrictions) through central Forest Advisory Committee. Judiciary actively widened the meaning of
Forest as ‘All Land Recorded as Forest’ (reserved & non -reserved) to bring under the purview of this
act & to restrict state government attempt to restrict. Godavarman case restricted any saw mill in
100 KM radius from the forests & complete ban of felling of trees in Arunachal Pradesh. Goa
Foundation case banned construction of housing colonies in Forest areas terming it violative of FCA.
In Konkan Railway case, court dismissed petition to restrict indiscriminatory cutting of trees for
project going through 3 states and of national importance. Similarly, NTPC Power Plant was permitted
in Banwasi Sewa Ashram Case being power generation need & national importance. In Ambica
Quarry case, existing mining license renewal post enactment of FCA, SC mandated taking Central
Approval for such renewal. However, ability of SC to micromanage forest administration is not
feasible or it is violating separation of powers is a question mark (Criticism of Judicial activism
overreach). The Forest Conservation Act, 1980 is an important legislation that governs the diversion
of forest land for non-forestry purposes in India. The Act aims to conserve the country's forests and
maintain the ecological balance while ensuring sustainable development. Let me explain the key
sections of the Forest Conservation Act, 1980.

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 1. Section 2 Restriction on de-reservation of forests This section prohibits the de-reservation
of any forest land that has been reserved under the provisions of the Indian Forest Act, 1927
or any other law in force. The section ensures that the forest land that has been reserved
remains protected and cannot be used for non-forestry purposes.
2. Section 3 Constitution of Advisory Committee: The Central Government may constitute a
Committee consisting of such number of persons as it may deem fit to advise that Government
with regard to:
a. the grant of approval under section 2; and
b. any other matter connected with the conservation of forests which may be referred
to it by the Central Government
3. Section 4 Power to make rules: House procedure to pass the rules and amendments. Every
rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
4. Section 5 Repealed

National Green Tribunal Act (2010) key provisions

NGT is a multi-disciplinary body comprising of both judicial and non-judicial expert members, set up
to dispose environmental cases effectively and expeditiously. It replaced erstwhile NEAA (National
Environment Appellate Authority which has limited mandate). Its jurisdiction includes both original
(Section 14 of NGT Act, all civil cases relating to environment arising out of 7 environmental
legislations such as Water Act, Water Cess Act, Forest Conservation Act, Air Act, Environmental
Protection Act, Public Liability Insurance Act & Biological Diversity Act. The only exception is Wildlife
Protection Act since most offenses there are criminal in nature which NGT doesn’t hear) & appellate
ones. Original jurisdiction includes specific polluting activity/point source of environmental damage,
6 months (plus justified delay within next 60 days) from the cause is limitation to file such cases, and
relief, restitution or compensation for property (within 5 years since damages to health are known
over longer periods). Appellate Jurisdiction (Section 16) includes challenging the orders such
clearances for EIA, forests & EPA or the SPCB orders for Water/Air Acts, appeal against statutory
order (within 30 days). Any person (even non affected) can approach NGT. Cases falling in its
jurisdiction cannot be heard by other courts, has endeavour to decide all cases within 6 months (time
bound) and has all the powers of a Civil Court, including suo moto directions. NGT is not bound by
procedure and can regulate its own procedure within the principles such as natural justice,
sustainable development, polluter pays, precautionary & no-fault liability. Order non-compliance
penalties (Person – 3 Years and/or fine upto 10 Crs and company – fine upto 25 Crs). Appeal against
NGT order (within 90 days) lies directly only with the Supreme Court of India. For criminal offenses,
SPCB or a private citizen (with 60 days’ notice to SPCB) can file cases in the appropriate criminal
courts.
Objectives of NGT include:
a. Speedy disposal of cases pertaining to environment protection & forest conservation
b. Seek compensation for damages caused due to violation of environmental laws
Structure: Principal bench in New Delhi and zonal branches in Bhopal (Central Zone), Pune (Western
Zone), Kolkata (Eastern Zone) and Chennai (Southern Zone).
key sections of the NGT Act, 2010.
1. Section 3 Establishment of the National Green Tribunal This section provides for the
establishment of the National Green Tribunal (NGT) as a specialized tribunal to handle
environmental disputes and issues. The NGT is a statutory body that has jurisdiction over all
civil cases relating to environmental law and provides speedy and effective disposal of cases.
2. Section 4 Composition of the NGT The NGT is comprised of a chairperson and a specified
number of judicial and expert members appointed by the central government. The

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 chairperson of the NGT is a retired judge of the Supreme Court or a retired chief justice of a
high court. The judicial members are judges of high courts and the expert members are
persons with expertise in environmental matters.
3. Chapter 3 Jurisdiction of the NGT The NGT has jurisdiction over all civil cases relating to
environmental law, including cases related to the enforcement of any legal right relating to
the environment, the compensation for damages caused to the environment, and the
restitution of the environment. The NGT has jurisdiction over the whole of India. Section 14
of the National Green Tribunal Act, 2010, specifies the powers of the tribunal. The NGT has
the power to hear and dispose cases related to environmental protection and conservation,
and its jurisdiction extends to matters related to the following:
a. Enforcement of any legal right relating to the environment
b. Compensation for damage caused to the environment
c. Prevention and control of environmental pollution
d. Handling of hazardous substances
e. Conservation of biological diversity and forests
f. Handling of disputes related to the above matters
4. Powers of the NGT The NGT has the power to:
a. Hear and dispose of cases,
b. Order the closure,
c. Prohibition or regulation of any industry, process or operation causing environmental
pollution,
d. Direct the government or any authority to take measures for the prevention and
control of environmental pollution, and
e. Award compensation for damages caused to persons and property.
5. Appeal to the Supreme Court This section provides for the appeal to the Supreme Court
against any order, direction or decision of the NGT. An appeal may be made within 90 days
of the order, direction or decision.
6. Chapter 4 Penalties and Compensation: This chapter deals with penalties and compensation
for environmental damage. It empowers the NGT to impose penalties and order compensation
for environmental violations, including violations of environmental clearance requirements,
non-compliance with pollution control measures, or causing damage to the environment.
7. Bar on Civil Courts This section provides for the bar on civil courts from hearing any matter
related to environmental law that falls under the jurisdiction of the NGT. Any such matter
must be brought before the NGT for adjudication.
8. Section 19 Procedure and Powers of the NGT: This section lays down the procedure to be
followed by the NGT while hearing cases. It grants the tribunal powers similar to a civil court,
including the power to summon witnesses, examine evidence, and enforce its decisions.
9. Section 20 Tribunal to apply certain principles: This section specifies that the NGT shall be
guided by the principles of natural justice and have the same powers as a civil court under
the Code of Civil Procedure, 1908, while hearing cases and enforcing its orders. NGT follows:
a. The Principle of Natural Justice
b. Rule against bias
c. Rule of Audi alterum partem (No one goes unheard), and
d. Reasoned decision
e. Sustainable Development (balancing development & environment)
f. Precautionary principle (better safe than sorry, proactive measures), and
g. Polluter Pays principle (Pay for cleaning your mess)
10. Section 26 Penalty for non-compliance: This section provides for penalties for non-
compliance with the orders of the NGT. It states that failure to comply with an order may
result in imprisonment and/or a fine. It also empowers the tribunal to take necessary steps
to ensure compliance with its orders.
11. Section 27 Offenses by companies: Where any offence under this Act has been committed
by a company, every person who, at the time the offence was committed, was directly in
charge of, and was responsible to the company for the conduct of the business of the

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 company, as well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act, if he proves that the offence was committed without
his knowledge or that he had exercised all due diligence to prevent the commission of such
offence.

Pollution Control Board Functions (Water Act, 1974)

The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) were
established under the Water (Prevention and Control of Pollution) Act, 1974 to prevent and control
water pollution in India. Here are the functions of the Pollution Control Boards under the Water Act,
1974:
1. Promote cleanliness of streams & wells, lay down/modify/annul standards for effluent &
sewage to be discharged, advise central government and resolve disputes in coordination
between central & state boards. Classification of waters, Prevent, abate & control water
pollution.
2. Implementation of the Act: The Pollution Control Boards are responsible for implementing
the provisions of the Water Act, 1974, including setting up monitoring systems, inspecting
and assessing industrial plants, and enforcing the regulatory framework.
3. Issuing consent: The Pollution Control Boards are responsible for issuing consent to industries
for setting up new projects and renewing existing consents, based on the assessment of the
potential impact on water quality.
4. Monitoring and assessment: The Pollution Control Boards monitor and assess the quality of
water in various rivers, lakes, and other water bodies across the country. They carry out
regular inspections of industrial plants to ensure compliance with the standards set by the
Board.
5. Imposing penalties: The Pollution Control Boards are empowered to take punitive measures
against industrial units that violate the provisions of the Water Act, 1974, including levying
fines, ordering shutdowns, and imposing other penalties.
6. Research and development: The Pollution Control Boards conduct research and
development activities to identify and develop new technologies and techniques for
preventing and controlling water pollution.
7. Public awareness: The Pollution Control Boards are responsible for creating public awareness
about the importance of water conservation and the harmful effects of water pollution. They
organize workshops, seminars, and other programs to educate the public about the issue.
8. Coordination with other agencies: The Pollution Control Boards work in close coordination
with other agencies such as the Central and State Ground Water Boards, State Public Health
Engineering Departments, and others to address the issue of water pollution holistically.

Constitutional provisions for environment protection and conservation

The Constitution of India has several provisions for environmental protection and conservation. Some
of these provisions are:
1. Right to life: Article 21 of the Constitution guarantees the right to life and personal liberty
to every citizen of India. This includes the right to a clean and healthy environment. In
Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life under
Article 21 includes the right to a healthy environment. The Court observed that the State has
a duty to ensure that the environment is not polluted, and that the citizens have the right to
live in a healthy environment.
2. Protection and improvement of environment: Article 48A of the Constitution Part IV directs
the State to protect and improve the environment and to safeguard the forests and wildlife
of the country. This is a directive principle added through 42nd amendment. In T.N.
Godavarman Thirumulpad v. Union of India (1996), the Supreme Court held that Article 48A
imposes a duty on the State to take necessary measures to protect the environment and
preserve the forests and wildlife of the country.

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 3. Fundamental Duties: Article 51A(g) of the Constitution Part IV-A imposes a fundamental duty
on every citizen of India to protect and improve the natural environment. In M.C. Mehta v.
Union of India (1986), the Supreme Court held that the fundamental duty under Article 51A(g)
is binding on every citizen of India, and failure to fulfill this duty is a violation of the
Constitution.
4. Directive Principles of State Policy: The Directive Principles of State Policy in Part IV of the
Constitution provide guidelines for the State to frame policies and make laws for the welfare
of the people. Some of these principles are related to environmental protection and
conservation, such as:
 Article 48: Protection of forests and wild life
 Article 49: Preservation of monuments and places of national importance
 Article 51: Promotion of international peace and security
In Indian Council for Enviro-Legal Action v. Union of India (1996), the Supreme Court held
that the Directive Principles of State Policy are not enforceable by the courts, but they are
still important as they provide guidance to the State in formulating policies and making laws.

Wild life Act 1972 (Provisions & Salient Features)

India contributes significantly to the global biodiversity and wildlife diversity. The act is essential to
maintain the ecological balance, to avoid habitat destruction/extinction of species through
trade/hunting of animals. Constitutional provisions such as DPSP (Article 48A) and Fundamental
Duties (Article 51 A (g)) also encourage compassion for living animals, in addition to preservation,
protection & safeguarding of wildlife. The Wildlife Protection Act, 1972 is a legislation providing for
the protection, conservation, and management of wildlife in India. The Act has been amended several
times to strengthen the provisions and increase the scope of protection. Key definitions under the
section 2 include:
a) Animal includes any living organism other than a human being, and any part or derivative
thereof.
b) Hunting includes capturing, killing, poisoning, snaring, or trapping any wild animal, or
attempting to do so.
c) Trophy means the whole or any part of any captive animal or wild animal, whether taken in
India or outside India, and includes an unprocessed trophy or a trophy that has been prepared
or preserved for any purpose.
d) Wildlife includes any animal, aquatic or land vegetation, which forms part of any habitat,
and includes any carcass, part, or derivative thereof.
e) Wildlife Sanctuary means an area declared as such under Section 18, where the entire flora
and fauna, or any part thereof, receive protection, preservation, or improvement.
f) National Park refers to an area declared as such under Section 35, which is a sanctuary where
the landscape, wildlife, and their environment are protected and preserved.
g) Tiger Reserve means an area declared as such under Section 38V, where efforts are made
for tiger conservation, ecological restoration, and protection of biodiversity.
h) Derivative in relation to any animal, includes any article wholly or partially made from any
part or parts of such animal.
i) Taxidermy refers to the art or process of preserving, mounting, and displaying the skins,
bodies, or parts of dead animals for various purposes, including scientific, educational, or
artistic endeavours. Taxidermy may involve techniques such as skinning, cleaning,
preserving, and positioning animal specimens to create lifelike representations
Some of the key provisions and salient features of the Wildlife Protection Act, 1972 are as follows:
1. Regulation of hunting and poaching: Hunting include killing, poisoning, capturing, trapping
or captivating of wild animal or bird (damaging/destroying eggs included). The Act prohibits
hunting, poaching, or capturing of any wild animal listed in Schedule I (Most stringent,
prohibited hunting unless animal is dangerous to human lives or it is diseased/disabled beyond
recovery, permission of Central Government) to IV (Diluted to destruction by animal of
property such as standing crops with the permission of Chief Wildlife Warden and state
government) of the Act. It also prohibits the trade in wildlife and their products. Prohibiting
Destruction, trading, uprooting or acquiring of specified plants (notified by central
government) is also included in this act. Any violation of these provisions is punishable by
imprisonment and/or fine. Schedule 1 (endangered species) & 2 (Animals/Birds) are
completely protected with violations attracting highest penalties/punishments. Schedules 3
& 4 have protection with lesser penalties/punishments and Schedule 5 animals may be hunted

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 (common crow, rats, fruit bat etc). Schedule 6 has plants forbidden from cultivation. All
appropriate permissions must be in writing from Chief Warden for Schedule 1 if animal has
disease beyond recovery, or become dangerous to human life. For other animals, same
procedure of permission in writing from the Chief Warden for Schedule 2 to 4 (for reasons of
animal becoming dangerous to human lives or destruction of crops). National Board for
Wildlife formed under the 2002 act, with PM as its Chairman, to frame policies,
recommend/setup and monitor National Parks & regularly publish reports.
2. The 5 types of protected areas include
a) Sanctuaries,
b) National Parks,
c) Conservation Reserves,
d) Community Reserves and
e) Tiger Reserves (National Tiger Conservation Authority).
3. Establishment of protected areas: The Act provides for the establishment of national parks,
wildlife sanctuaries, and other protected areas for the conservation of wildlife. These areas
are designated by the State Government and are meant to provide a safe habitat for wildlife.
Habitat Protection through declaring protected areas, sanctuaries, national parks,
conservation reserves & community reserves (corridors connecting different protected
areas). Such protected areas legally restrict human actions & entry, prohibit activities that
destruct wildlife or habitat and commercial exploitation (except grazing & tenurial rights
with permission from Chief Wildlife Warden).
4. Prohibition of trade in wildlife and their products: The Act prohibits the sale, purchase, or
possession of any animal, bird, or part or derivative of such animal or bird listed in Schedule
I to IV of the Act. Any violation of these provisions is punishable by imprisonment and/or fine.
5. Protection of habitats: The Act provides for the protection of the habitats of wildlife. It
prohibits any damage to or destruction of such habitats without prior permission from the
concerned authorities.
6. Establishment of Wildlife Crime Control Bureau 2007: The Act provides for the
establishment of a Wildlife Crime Control Bureau to prevent, investigate wildlife crimes,
collect the data and advise government of such crimes. Similarly, establishment of Central
Zoo Authority (1992) to recognize/derecognize a zoo and lay standards for keeping animals.
National Tiger Conservation Authority (2006)
7. Punishment for offences: The Act provides for stringent punishment for offences such as
hunting, poaching, or trading in wildlife and their products. The punishment includes
imprisonment for a term ranging from three years to seven years, along with fines.
8. Compensatory payment: The Act provides for the payment of compensation to any person
who has suffered damage or injury to their property or person due to wildlife.
9. Appointment of wildlife wardens: The Act provides for the appointment of wildlife wardens
to ensure the protection and conservation of wildlife in their respective areas.
10. Classification of wildlife: The Act classifies wildlife into various schedules based on their
level of protection. Schedule I animals are afforded the highest level of protection, while
Schedule IV animals are afforded the lowest level of protection.
11. Protection of endangered species: The Act (in Schedule 1) provides for the protection of
endangered species and their habitats. It also prohibits the hunting, poaching, or trade of
any endangered species.
12. Participation of local communities: The Act provides for the participation of local
communities in the management and conservation of wildlife. The Act recognizes the
traditional rights of local communities and their role in the conservation of wildlife.
13. Role of Judiciary: Appointment of Chief Wildlife Wardens across states (Centre for
Environmental Law WWF v. Union of India 1997), Direction to the states for providing
modern arms & communication facilities to forest guards across sanctuaries & national parks
& immunization of animals therein. Trade at the cost of disrupting life forms necessary to
preserve biodiversity & ecology is not permitted (Ivory Traders Association v. Union of India
1994). Tribals (through ID Card & restrictions) are permitted for fishing in protected area
reservoirs (Animals & Environment Legal Defense Fund case in SC) or offered alternate
livelihood.

The 4 schedules under this act are:

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 a) Schedule I includes species that are considered highly endangered and receive the highest
level of protection. It is illegal to hunt, capture, or trade in any species listed here. (Cheetah,
Himalayan Brown Bears, Elephants, Crocodiles, Vultures etc)
b) Schedule II Species listed under this schedule are also protected, but the penalties for
offenses related to them are generally lower than those for Schedule I species. This schedule
includes species that are not as critically endangered as those in Schedule I but still require
protection. (Wild dogs, Chameleons etc)
c) Schedule III includes species that are not necessarily threatened but are protected to ensure
their sustainable management and conservation. (Hog deer, Hyena etc)
d) Schedule IV contains species that are considered vermin or pests and are subject to specific
regulations to control their populations. These species may be hunted or captured under
specified conditions and with appropriate permissions. (Hares, pole cats, cuckoos & bulbuls)

If Chief Wildlife Warden finds that any Schedule 1 animal has become dangerous to human life, and
Schedule 2, 3 or 4 became dangerous to human life & property, or is disabled or diseased as to be
beyond recovery, he may in writing permit such killing.

Wild Life Protection Act (Hunting)

The Wildlife Protection Act, 1972 is a comprehensive legislation that seeks to protect the country's
wildlife and biodiversity. It provides for the conservation of wild animals and birds by regulating
hunting, poaching, and trade in wildlife and their products. Hunting includes any of the following
actions undertaken for any purpose, such as sport, recreation, or obtaining meat, trophies, animal
articles, or any other purpose:
a) Capturing, killing, poisoning, snaring, or trapping any wild animal.
b) Attempting to capture, kill, poison, snare, or trap any wild animal.
c) Driving or baiting any wild animal for any of the aforementioned purposes.
d) Luring, inciting, or attempting to lure or incite any wild animal with the intention of
capturing, killing, or injuring it.
The Act has several provisions relating to hunting, which are discussed below:
1. Prohibition on hunting: Section 9 of the Act prohibits hunting of any wild animal or bird,
except under certain circumstances such as when a wild animal has become dangerous to
human life or property, or for the protection of crops, livestock or other property. The
hunting of endangered species is strictly prohibited, and any violation of this provision can
result in imprisonment and/or fine.
2. Restriction on possession of hunting equipment: Section 11 of the Act prohibits the
possession or control of any trap, snare, net, firearm, or other equipment that can be used
for hunting or poaching of wildlife, without prior permission from the Chief Wildlife Warden.
3. Licenses for hunting: Section 12 of the Act provides for the issuance of licenses for hunting
of wild animals or birds, but only in certain circumstances, such as for the purpose of
scientific research or to control wildlife population in a particular area. The license can be
granted by the Chief Wildlife Warden or other authorized officers, and is subject to various
conditions and restrictions.
4. Restrictions on trade in wildlife: Section 48 of the Act prohibits trade or commerce in wild
animals or their products, except under certain circumstances such as for scientific research
or for the breeding of endangered species in captivity. Any violation of this provision can
result in imprisonment and/or fine.
5. Protection of game sanctuaries and national parks: The Act provides for the declaration of
national parks, wildlife sanctuaries, and other protected areas, where hunting and other
human activities are strictly prohibited or regulated. Any hunting or poaching in these areas
is considered a serious offence and can result in imprisonment and/or fine.
6. Punishment for offences: The Act provides for severe penalties for hunting and poaching of
wildlife, including imprisonment for a term of 3 to 7 years and/or fine of up to Rs. 25,000 for
first-time offenders. Repeat offenders can face imprisonment for up to 7 years and/or fine
of up to Rs. 50,000.

Wild Life Protection Act (National Parks)

National Parks are protected areas of land that are set aside by a government to preserve and protect
natural habitats and ecosystems, including wildlife, flora and fauna, and their natural habitats.

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National Parks are governed under the Wildlife Protection Act, 1972. This act is the principal law that
provides for the protection of wild animals and plants. It establishes various categories of protected
areas, including National Parks, Wildlife Sanctuaries, and Conservation Reserves. National Parks are
the most restricted and highly protected areas among these categories. The provisions of the Wildlife
Protection Act, 1972 regarding National Parks are as follows:
1. Establishment of National Parks: The Act provides for the establishment of National Parks
by notification in the Official Gazette by the Central Government or the State Government.
2. Protection of Wildlife: The Act provides for the protection of wild animals and plants within
National Parks. Hunting, poaching, or trapping of any wild animal or plant within a National
Park is strictly prohibited.
3. Prohibition of Grazing: The Act prohibits the grazing of any livestock within the boundaries
of a National Park.
4. Prohibition of Exploitation of Forest Produce: The Act prohibits the collection, removal, or
exploitation of any forest produce within the boundaries of a National Park, except under
certain circumstances and with prior permission from the Chief Wildlife Warden.
5. Control of Feral and Domestic Animals: The Act empowers the Chief Wildlife Warden to
take necessary measures for the control of feral and domestic animals within the National
Parks.
6. Regulation of Tourist Activities: The Act provides for the regulation of tourist activities
within the National Parks. Any person who wants to visit a National Park must obtain prior
permission from the Chief Wildlife Warden.
7. Constitution of National Park Advisory Committees: The Act provides for the constitution
of National Park Advisory Committees for each National Park. The Committee is responsible
for advising the concerned authorities on matters related to the management of the National
Park.
8. Powers of the Chief Wildlife Warden: The Chief Wildlife Warden is the chief administrative
officer of the National Park. He is responsible for the management and protection of the
National Park. He has the power to close the National Park or any part thereof, in case of
emergency.
9. Penalties: The Act provides for penalties for violation of its provisions. Any person who
contravenes the provisions of the Act, or the rules made thereunder, shall be liable for
punishment, which may include imprisonment and a fine.

The Wildlife Protection Act of 1972, defines wildlife sanctuaries and provides specific provisions for
their establishment and management. Here are the key aspects:
a) Definition: According to the Wildlife Protection Act, a wildlife sanctuary is an area declared
by the government to be a sanctuary for the purpose of protecting, propagating, or
developing wildlife. It is a place where the wildlife habitat is protected, and certain human
activities that may harm or disturb wildlife are regulated.
b) Declaration: The Act grants the power to the state government or central government to
declare any area as a wildlife sanctuary. This declaration is based on the ecological, faunal,
floral, or geomorphological significance of the area and is done through a notification in the
official gazette.
c) Boundaries: The Act specifies the boundaries of the wildlife sanctuary, outlining the area
that falls under its protection. The exact boundaries are determined based on factors such
as habitat suitability, species distribution, and ecological considerations.
d) Prohibited Activities: Once an area is declared a wildlife sanctuary, certain activities are
prohibited within its boundaries. These include hunting, capturing, poaching, poisoning,
poisoning water sources, damaging or destroying the habitat, using explosives, firearms, or
other methods to harm wildlife, or undertaking any other act that may harm or disturb the
animals or their environment.
e) Management: The Wildlife Protection Act assigns the responsibility of managing and
protecting wildlife sanctuaries to the state government or any authorized agency. They are
entrusted with the task of formulating management plans, conserving wildlife and their
habitats, preventing encroachments, and ensuring effective implementation of the Act's
provisions within the sanctuary.
f) Buffer Zones: In addition to the core area of the sanctuary, the Act also allows for the
establishment of buffer zones around the sanctuary. These buffer zones serve as transitional

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 areas between the sanctuary and human settlements, providing a buffer to minimize human-
wildlife conflicts and allowing for sustainable land use practices.
g) Research and Education: The Act permits scientific research, education, and interpretation
activities within wildlife sanctuaries. These activities contribute to the understanding of
biodiversity, ecological processes, and conservation strategies. However, they are subject to
regulations to minimize disturbance to the wildlife and their habitat.
h) Penalties: The Act includes provisions for penalties and punishments for offenses committed
within the wildlife sanctuary. Violations such as hunting, poaching, capturing, damaging the
habitat, or engaging in any prohibited activities can result in imprisonment and fines as
specified under the Act.

Procedure to establish a Sanctuary or a National Parks: State Government declares any specific
area as a sanctuary by notification. Appointment of an officer (as a Collector) within 30 days
from such notification. He must publish proclamation specifying limits of sanctuary (to file any
claims in writing within 60 days), which he either rejects or admits (wholly or partly) and
proceeds with land acquisition in consultation with Chief Wildlife Warden. Such land acquisition,
as far as possible, is completed within 2 years from the date of notification. State Government
declares said area as a sanctuary, after which boundaries of such sanctuary can not be altered
by state government except on recommendation from National Wildlife Board.

Provisions for effluents (EPA, 1986)

Effluent management is an essential process for ensuring the protection of the environment and
public health. It involves a series of procedural steps from the collection of samples to testing and
reporting. The following are the detailed procedural steps involved in effluent management under
the Environment Protection Act:
1. Sampling: The first step in effluent management is the collection of samples. The samples
are collected by authorized personnel from the point of discharge. The collection of samples
should be done in a manner that represents the quality and quantity of the effluent being
discharged. The samples should be collected in clean, sterilized containers.
2. Transportation: The collected samples are then transported to a laboratory for testing. The
transportation of samples should be done in a manner that does not alter the quality of the
sample. The samples should be stored at a suitable temperature and protected from sunlight
during transportation.
3. Testing: Once the samples reach the laboratory, they are tested as per the prescribed
standards and procedures specified by the Central Pollution Control Board (CPCB). The testing
should be done in a laboratory accredited by the National Accreditation Board for Testing
and Calibration Laboratories (NABL) or any other recognized authority. The laboratory should
have the necessary equipment and expertise to carry out the tests accurately.
4. Reporting: After the testing is complete, a report is prepared by the laboratory indicating
the results of the analysis. The report should include the quality of the effluent, compliance
status of the industry with the prescribed standards, and any corrective measures that need
to be taken. The report should be submitted to the State Pollution Control Board (SPCB)
within the prescribed timeframe.
5. Compliance: The SPCB may take necessary action if the effluent sample fails to meet the
prescribed standards. The industries may be required to take corrective measures to improve
the quality of the effluent discharged. The industries are also required to submit periodic
reports on the effluent discharge and treatment to the SPCB to ensure compliance with the
prescribed standards.
The Environment Protection Act (EPA) provides for the regulation of effluent discharge by specifying
the maximum permissible limits of various pollutants in the effluent. The EPA requires industries to
treat the effluent before discharge to meet the prescribed standards. The treatment process should
be designed to remove or reduce the pollutants in the effluent to a level that does not cause harm
to the environment or public health. The provisions of the Environment Protection Act related to
effluent management include:
1. Establishment of Boards to monitor and regulate the discharge of effluents. (CPCB & SPCBs)
2. Specifies the maximum permissible limits of various pollutants in the effluent discharged by
industries.
3. Industries to obtain consent from the SPCB before discharging effluent.
4. Industries to treat the effluent before discharge to meet the prescribed standards.

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 5. Monitoring and testing of effluent samples by authorized personnel.
6. Imposition of penalties and prosecution for non-compliance with the prescribed standards.

Sustainable development – Principles and Salient features

This concept was introduced at the Stockholm Conference (1972) and actual term was coined in the
Brundtland Report (Our common future, 1987). The Earth Summit (1992), Kyoto Protocol (1997),
Millennium Development Goals (total 8 goals, 2000 – 15) and Sustainable Development Goals (Total
17 Goals, 2015 – 30, focussing on Environment, Economy, Equality and Health & wellbeing) were key
international events on sustainable events. Sustainable development is a development that meets
the needs of present without compromising the ability of future generations to meet their needs. It
is a crucial principle of environmental protection, and it is embodied in the Environment Protection
Act. The following are the principles and salient features of sustainable development under the
Environment Protection Act:
1. Integration of environmental considerations: Sustainable development under the
Environment Protection Act emphasizes the integration of environmental considerations into
all development activities. This means that environmental considerations should be taken
into account at every stage of development planning, including project formulation,
appraisal, and implementation.
2. Precautionary principle: The precautionary principle is another essential feature of
sustainable development. This principle requires that activities that are likely to cause harm
to the environment or public health should be avoided or postponed until the risks are fully
understood and mitigated.
3. Polluter pays principle: The polluter pays principle is another salient feature of sustainable
development under the Environment Protection Act. This principle requires that those who
cause pollution should bear the cost of its impact on the environment and public health.
4. Conservation of natural resources: Sustainable development under the Environment
Protection Act emphasizes the conservation of natural resources. This includes the
sustainable use of natural resources, the protection of biodiversity, and the prevention of
environmental degradation.
5. Public participation: Sustainable development under the Environment Protection Act also
emphasizes the importance of public participation in environmental decision-making. This
means that stakeholders, including local communities, should be involved in the decision-
making process for activities that may affect the environment and public health.
6. Inter-generational equity: Sustainable development under the Environment Protection Act
emphasizes inter-generational equity. This means that the needs of future generations should
be taken into account in current development activities.
7. Environmental impact assessment: The Environment Protection Act also mandates the
conduct of environmental impact assessments (EIAs) for development activities that are likely
to have significant adverse impacts on the environment. EIAs provide information on the
potential environmental impacts of a project and the measures that can be taken to mitigate
these impacts.
8. Enforcement: The Environment Protection Act provides for the enforcement of
environmental regulations and standards through penalties and other legal measures. This
ensures that those who violate environmental regulations are held accountable for their
actions.

The 3 features of sustainable development include:

a. Sustained rise in real per capita income (Economic welfare on long term basis)
b. Rational use of natural resources (avoid over-exploitation)
c. Preserving natural resources for the future generations (raise existing living standard while
protecting ability of future generations to meet their own needs)

The 4 guidelines of Precautionary principle are:

1. Anticipate pollution & its cause
2. Prevent the causes & effects
3. Attack the cause of pollution, and
4. Polluter pays for all the damages

Here are the 17 Sustainable Development Goals (SDGs) established by the United Nations:

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a. No Poverty: End poverty in all its forms and ensure social protection for all.
b. Zero Hunger: End hunger, achieve food security, improve nutrition, and promote sustainable
agriculture.
c. Good Health and Well-Being: Ensure healthy lives and promote well-being for all at all ages.
d. Quality Education: Ensure inclusive and equitable quality education and promote lifelong
learning opportunities for all.
e. Gender Equality: Achieve gender equality and empower all women and girls.
f. Clean Water and Sanitation: Ensure availability and sustainable management of water and
sanitation for all.
g. Affordable and Clean Energy: Ensure access to affordable, reliable, sustainable, and modern
energy for all.
h. Decent Work and Economic Growth: Promote sustained, inclusive, and sustainable economic
growth, full and productive employment, and decent work for all.
i. Industry, Innovation, and Infrastructure: Build resilient infrastructure, promote inclusive
and sustainable industrialization, and foster innovation.
j. Reduced Inequalities: Reduce inequality within and among countries.
k. Sustainable Cities and Communities: Make cities and human settlements inclusive, safe,
resilient, and sustainable.
l. Responsible Consumption and Production: Ensure sustainable consumption and production
patterns.
m. Climate Action: Take urgent action to combat climate change and its impacts.
n. Life Below Water: Conserve and sustainably use the oceans, seas, and marine resources for
sustainable development.
o. Life on Land: Protect, restore, and promote sustainable use of terrestrial ecosystems,
sustainably manage forests, combat desertification, halt and reverse land degradation, and
halt biodiversity loss.
p. Peace, Justice, and Strong Institutions: Promote peaceful and inclusive societies for
sustainable development, provide access to justice for all, and build effective, accountable,
and inclusive institutions at all levels.
q. Partnerships for the Goals: Strengthen the means of implementation and revitalize the
global partnership for sustainable development.

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Joint Pollution Control Board (Air Act) – Composition & functions
The Joint Pollution Control Board (JPCB) is a regulatory body established under the Air (Prevention
and Control of Pollution) Act, 1981. The JPCB is responsible for the prevention and control of air
pollution in the states of India. The JPCB is composed of representatives from the Central Pollution
Control Board (CPCB) and State Pollution Control Boards (SPCBs). The JPCB is composed of the
following members:
1. Chairman: The Chairman of the JPCB is appointed by the State Government. He/she is usually
an experienced administrator who is responsible for overseeing the functioning of the Board.
2. Members: The JPCB comprises representatives from the Central Pollution Control Board and
State Pollution Control Boards. The number of members may vary depending on the state.
Functions of Joint Pollution Control Board (Air Act) include:
1. Implementation of the Air Act: The JPCB is responsible for implementing the provisions of
the Air Act in the state. It ensures that the industries and other sources of air pollution
comply with the pollution control standards set by the Act.
2. Monitoring of air quality: The JPCB monitors the air quality in the state through the
installation of air monitoring stations. The data collected is used to assess the level of air
pollution in the state.
3. Issuing of NOCs: The JPCB issues No Objection Certificates (NOCs) to industries and other
sources of air pollution that comply with the pollution control standards set by the Air Act.
The NOCs are issued after verifying the compliance of the source with the prescribed
standards.
4. Imposing penalties: The JPCB has the power to impose penalties on industries and other
sources of air pollution that violate the pollution control standards set by the Air Act. The
penalties may include fines, suspension of operation or cancellation of license.
5. Educating the public: The JPCB educates the public on the harmful effects of air pollution
and the measures that can be taken to prevent it. It conducts awareness programs and
campaigns to create awareness among the public.
6. Coordination with other agencies: The JPCB coordinates with other agencies such as the
Central Pollution Control Board, State Government and other relevant departments to
prevent and control air pollution in the state.

Sample Certification Process (Water Act)

The Water (Prevention and Control of Pollution) Act, 1974 mandates the certification of the quality
of water samples collected from different sources. The certification process ensures that the samples
collected are of good quality and free from any contamination. Here are the steps involved in the
sample certification process under the Water Act:
1. Collection of Water Samples: The first step in the certification process is the collection of
water samples. Samples are collected from different sources such as rivers, lakes,
groundwater, and industrial effluents. The samples are collected in sterile containers to
avoid contamination.
2. Transportation of Samples: After collection, the water samples are transported to the
laboratory for testing. It is important to transport the samples as quickly as possible to avoid
any changes in the water quality.
3. Sample Analysis: The laboratory analyses the samples using different techniques and
equipment. The samples are analyzed for various parameters such as pH, temperature, total
dissolved solids (TDS), total suspended solids (TSS), biological oxygen demand (BOD),
chemical oxygen demand (COD), and heavy metals.
4. Quality Control: During the analysis, quality control measures are taken to ensure the
accuracy of the results. This includes the use of standard operating procedures, calibration
of instruments, and regular quality control checks.
5. Sample Certification: After analysis, the laboratory issues a certificate stating the quality of
the water sample. The certificate indicates the parameters tested, the results obtained, and
whether the sample is fit for use or not. The certificate is signed by the laboratory technician
and a designated officer of the State Pollution Control Board (SPCB).
6. Record Keeping: All the records related to sample collection, transportation, analysis, and
certification are maintained by the laboratory. The records are kept for a minimum of five
years and are subject to audit by the SPCB.

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Sample Certification Process (Air Act)
The Air (Prevention and Control of Pollution) Act, 1981 mandates the certification of the quality of
air samples collected from different sources. The certification process ensures that the samples
collected are of good quality and free from any contamination. Here are the steps involved in the
sample certification process under the Air Act:
1. Collection of Air Samples: The first step in the certification process is the collection of air
samples. Samples are collected from different sources such as ambient air, industrial
effluents, and emissions from vehicles. The samples are collected using specialized
equipment such as air samplers and impingers.
2. Transportation of Samples: After collection, the air samples are transported to the
laboratory for testing. It is important to transport the samples as quickly as possible to avoid
any changes in the air quality.
3. Sample Analysis: The laboratory analyses the samples using different techniques and
equipment. The samples are analyzed for various parameters such as particulate matter
(PM10, PM2.5), nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), ozone
(O3), and volatile organic compounds (VOCs).
4. Quality Control: During the analysis, quality control measures are taken to ensure the
accuracy of the results. This includes the use of standard operating procedures, calibration
of instruments, and regular quality control checks.
5. Sample Certification: After analysis, the laboratory issues a certificate stating the quality of
the air sample. The certificate indicates the parameters tested, the results obtained, and
whether the sample is fit for use or not. The certificate is signed by the laboratory technician
and a designated officer of the State Pollution Control Board (SPCB).
6. Record Keeping: All the records related to sample collection, transportation, analysis, and
certification are maintained by the laboratory. The records are kept for a minimum of five
years and are subject to audit by the SPCB.

PIL & Judicial Activism in Environment Protection (through case law)

Supreme & High Courts can be approached either through a writ petition under Article 32 & 256
respectively, or through a Public Interest Litigation (PIL). Judicial activism refers to the judiciary's
willingness to intervene in matters that were traditionally considered beyond the scope of the
judiciary's authority. This intervention usually takes the form of interpreting the Constitution and
laws to promote social justice, protect fundamental rights, and ensure good governance. Public
Interest Litigation (PIL) is a legal action initiated by an individual or a group of individuals seeking to
protect the public interest, promote the rule of law, and secure justice for all. PILs are usually filed
in cases where the aggrieved party is unable to approach the court due to social, economic, or other
reasons.

In the context of environmental protection, judicial activism and PILs have played a significant role
in India. The judiciary has been proactive in protecting the environment and has used PILs as a tool
to enforce environmental laws and regulations. The following are some of the notable cases that
illustrate the judiciary's activism in environmental protection:
1. MC Mehta v. Union of India: This is a landmark case that resulted in the closure of several
industries in Delhi that were polluting the environment. In 1985, a PIL was filed by MC Mehta,
a public interest lawyer, highlighting the air pollution in Delhi caused by the industries in the
city. The Supreme Court, in its judgment, directed the closure of all industries that were not
compliant with environmental standards. The case led to the establishment of the National
Green Tribunal, which is responsible for handling environmental disputes.
2. Vellore Citizens Welfare Forum v. Union of India: This case dealt with the pollution of the
river Palar in Tamil Nadu caused by the discharge of untreated effluents by tanneries in the
area. The Supreme Court, in its judgment, directed the closure of all tanneries that were not
compliant with environmental standards. The case also led to the establishment of the
Central Pollution Control Board, which is responsible for monitoring and enforcing
environmental standards.
3. Indian Council for Enviro-Legal Action v. Union of India: This case dealt with the pollution
caused by the ship-breaking industry in Alang, Gujarat. The Supreme Court, in its judgment,
directed the implementation of environmental standards and the establishment of a
monitoring committee to oversee the compliance of the ship-breaking industry with these
standards.

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 4. M.C. Mehta v. Kamal Nath: This case dealt with the illegal mining of limestone in the
Mussoorie hills of Uttarakhand. The Supreme Court, in its judgment, directed the closure of
all illegal mines and the payment of compensation to the affected villagers.

Penal provisions under the Water Act

The Water act empowers the Central Pollution Control Board and State Pollution Control Boards to
take measures to prevent and control water pollution. The act also provides for the penal provisions
to punish those who violate the provisions of the act. The following are the penal provisions under
the Water Act:
1. Penalty for contravention of section 25 or 26 (S44) - Any person who contravenes any
provision of section 25 shall be punishable with imprisonment for a term which may extend
to 3 months, or with a fine which may extend to Rs.10,000, or with both.
2. Enhanced penalty after previous conviction (S45) If any person who has been convicted of
any offence under section 24 or section 25 or section 26 is again found guilty of an offence
involving a contravention of the same provision, he shall, on the second and on every
subsequent conviction, be punishable with imprisonment for a term which shall not be less
than two years but which may extend to seven years and with fine:
Provided that for the purpose of this section no cognizance shall be taken of any
conviction made more than two years before the commission of the offence which is being
punished
3. Penalties for contravention of certain provisions of the act (S45A) Any person who
contravenes any provision of the act or any order, direction or notice issued thereunder shall
be punishable with imprisonment for a term which may extend to 6 months, or with a fine
which may extend to Rs.10,000, or with both. In case of a continuing offense, a further fine
which may extend to Rs.5,000 per day for every day during which such offense continues
after the conviction for the first such offense.
4. Penalty for offenses by companies (S47) If any offense under this act has been committed
by a company, every person who at the time the offense was committed was in charge of,
and was responsible to, the company for the conduct of the business of the company, as well
as the company itself, shall be deemed to be guilty of the offense and shall be liable to be
proceeded against and punished accordingly.
5. Offenses by government departments (S48) If any offense under this act has been
committed by any department of the government, the person who, at the time the offense
was committed, was in charge of, and was responsible to, the government department for
the conduct of the business of the department, as well as the government department itself,
shall be deemed to be guilty of the offense and shall be liable to be proceeded against and
punished accordingly.

Penal provisions under the Air Act

The Air (Prevention and Control of Pollution) Act, 1981 is an important environmental legislation in
India that aims to prevent and control air pollution. The act provides for the establishment of the
Central Pollution Control Board and State Pollution Control Boards to take measures to prevent and
control air pollution. The act also provides for the penal provisions to punish those who violate the
provisions of the act. The following are the penal provisions under the Air Act:
1. Penalty for contravention of section 21 or 22 (S37) Any person who contravenes any
provision of section 21 of the act, which deals with the emission standards of industries, shall
be punishable with imprisonment for a term which may extend to 3 months, or with a fine
which may extend to Rs.10,000, or with both.
2. Penalties for certain acts (S38) Contravening actions such as obstruction, damaging board
property, failing to furnish information, inform pollution incidence to the board or making
false statement shall be punishable with imprisonment for a term which may extend to 3
months, or with a fine which may extend to Rs.10,000, or with both.
3. Penalty for contravention of provisions of the act (S39) Any person who contravenes any
provision of the act or any order, direction or notice issued thereunder shall be punishable
with imprisonment for a term which may extend to 3 months, or with a fine which may extend
to Rs.10,000, or with both. In case of a continuing offense, a further fine which may extend
to Rs.5,000 per day for every day during which such offense continues after the conviction
for the first such offense.

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 4. Offenses by companies (S40) If any offense under this act has been committed by a
company, every person who at the time the offense was committed was in charge of, and
was responsible to, the company for the conduct of the business of the company, as well as
the company itself, shall be deemed to be guilty of the offense and shall be liable to be
proceeded against and punished accordingly.
5. Offenses by government departments (S41) If any offense under this act has been
committed by any department of the government, the person who, at the time the offense
was committed, was in charge of, and was responsible to, the government department for
the conduct of the business of the department, as well as the government department itself,
shall be deemed to be guilty of the offense and shall be liable to be proceeded against and
punished accordingly.

Central Board Functions (Water Act)

The Central Board, also known as the Central Pollution Control Board (CPCB), is a regulatory authority
established under the Water (Prevention and Control of Pollution) Act, 1974, which was later
amended in 1988. The Central Board is responsible for controlling and preventing water pollution in
India. Its functions are outlined below:
1. Planning and coordinating measures for prevention and control of water pollution: The
Central Board is responsible for planning and coordinating measures to prevent and control
water pollution across India. It creates policies, guidelines, and standards to regulate the
discharge of effluents into water bodies and sets up programs to monitor and evaluate water
quality.
2. Conducting research and studies: The Central Board conducts research and studies to
identify sources and causes of water pollution, and to develop innovative technologies and
methods for preventing and controlling water pollution. It also collaborates with research
institutions to advance the understanding of water pollution and its impacts on the
environment and human health.
3. Enforcement of laws: The Central Board has the power to enforce the Water Act and other
laws related to water pollution prevention and control. It can issue directions and orders to
polluting industries, regulate their activities, and take legal action against them if they
violate the law.
4. Capacity building and training: The Central Board conducts capacity building programs and
training for government officials, industry professionals, and the public to raise awareness
and knowledge about water pollution prevention and control.
5. Collaboration with state boards: The Central Board collaborates with state pollution control
boards to implement measures to control water pollution. It provides technical assistance
and guidance to state boards and coordinates with them to ensure uniformity in implementing
the Water Act.
6. Monitoring and assessment of water quality: The Central Board is responsible for monitoring
and assessing water quality across the country. It collects water samples from different water
bodies, analyses them in its laboratories, and publishes reports on the quality of water in
different regions. Based on the reports, it takes necessary actions to control pollution.
7. Implementation of international treaties and agreements: The Central Board implements
international treaties and agreements related to water pollution prevention and control. It
participates in international conferences and meetings and exchanges knowledge and
experiences with other countries to develop effective solutions to control water pollution.

Central Board Functions (Air Act)

The functions of the Central Board in the Air Act are as follows:
1. Advise the government: The Central Board is responsible for providing advice to the central
government on matters relating to air pollution, including measures for the prevention,
control, and abatement of air pollution.
2. Set standards: The Central Board is responsible for setting national standards for ambient
air quality and emission standards for various industrial activities, as well as monitoring
compliance with these standards.
3. Coordinate activities: The Central Board coordinates the activities of state pollution control
boards and other related organizations to ensure effective implementation of the Air Act at
the national level.

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 4. Conduct research: The Central Board conducts research and studies on the causes and
effects of air pollution, and develops new technologies and methods for prevention, control,
and abatement of air pollution.
5. Monitor air quality: The Central Board monitors ambient air quality in various parts of the
country, and publishes reports on air quality status, trends, and health impacts.
6. Enforce regulations: The Central Board has the power to take action against polluting
industries and other sources of air pollution that violate the provisions of the Air Act,
including imposing penalties and initiating legal proceedings.
7. Promote public awareness: The Central Board promotes public awareness and education on
the causes and effects of air pollution, and encourages public participation in activities
related to air pollution prevention and control.

Strict & Absolute Liability in Environment Protection Laws

Strict and Absolute Liability are two legal concepts that are applied in environmental protection laws
to hold individuals and entities accountable for harm caused to the environment. These concepts
impose liability without requiring proof of negligence or fault. Strict Liability is a legal doctrine that
holds a person or entity responsible for harm caused to others, even if the harm was unintentional
and occurred without any fault on the part of the person or entity. Strict liability is typically applied
in cases involving hazardous activities, such as the use of toxic chemicals or the operation of
hazardous facilities. The principle behind strict liability is that those who engage in activities that
are inherently dangerous or pose a risk to the environment should bear the costs of any harm caused.
Absolute Liability, on the other hand, is an even stricter form of liability that imposes liability on a
person or entity regardless of fault or negligence. Absolute liability is typically applied in cases
involving hazardous substances, where the potential harm is so great that any level of negligence or
fault is considered unacceptable. The principle behind absolute liability is that those who deal with
hazardous substances must bear the costs of any harm caused, regardless of their level of care.
Some of the case laws related to strict and absolute liability in environmental protection laws are as
follows:
1. M.C. Mehta v. Union of India (1986): This is a landmark case related to the Bhopal gas
tragedy, which occurred in 1984. The Supreme Court of India held that the principle of strict
liability applies in cases involving hazardous activities, and the company responsible for the
gas leak was held liable for the harm caused to the environment and people.
2. Indian Council for Enviro-Legal Action v. Union of India (1996): This case dealt with the
issue of hazardous waste management in India. The Supreme Court of India held that those
who generate, store, and dispose of hazardous waste are strictly liable for any harm caused
to the environment, and must bear the costs of remediation.
3. Vellore Citizens Welfare Forum v. Union of India (1996): This case dealt with the issue of
industrial pollution in the town of Vellore. The Supreme Court of India held that the principle
of absolute liability applies in cases involving hazardous substances, and the company
responsible for the pollution was held liable for the harm caused to the environment and
people.

Noise Pollution Rules – Effective in true sense?

Noise pollution is a significant environmental issue that affects human health, well-being, and quality
of life. To address this issue, the Government of India has enacted various laws and regulations aimed
at controlling noise pollution. The most important of these laws is the Noise Pollution (Regulation
and Control) Rules, 2000. The Rules were enacted under the Environment (Protection) Act, 1986.
These rules provide for the regulation and control of noise levels in public places, including residential
areas, hospitals, schools, and other sensitive locations. The rules also prescribe noise standards for
various types of zones, such as industrial, commercial, and residential areas. However, despite the
existence of these rules, the effectiveness of noise pollution control in India is questionable due to:
1. Lack of Awareness: One of the primary reasons for the ineffective implementation of the
noise pollution rules is the lack of awareness among the general public. Many people are not
aware of the harmful effects of noise pollution, and hence, do not take it seriously.
2. Poor Enforcement: Another major issue is the poor enforcement of the noise pollution rules.
The rules are often not enforced strictly, and violators are rarely penalized. Moreover, there
is a lack of coordination among different government agencies responsible for enforcing the
rules.

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 3. Inadequate Monitoring: The rules require regular monitoring of noise levels in various zones,
but this is not done adequately. There is a lack of equipment and trained personnel to carry
out regular monitoring of noise levels.
4. Lack of Political Will: Noise pollution is often considered a low priority issue by policymakers,
and there is a lack of political will to enforce the rules effectively.
5. Rapid Urbanization: The rapid pace of urbanization in India has led to increased noise
pollution. Many residential areas are now located close to commercial and industrial zones,
resulting in high levels of noise pollution.
Constant exposure of noise levels above 70 dB can cause hearing loss. Any level above 90 dB is
dangerous for humans. WHO has laid down 45 dB as ‘Safe Noise Level’ (Mumbai & Delhi routinely
exceed 90dB levels). Persistent noise adds to stress, irritability and hypertension while reducing
concentration. Other previous acts that have directly/indirectly dealt with noise pollution include
Air Act, Environment Pollution Act, Central Motor Vehicle Rules, Police Act, Factories Act & Workmen
Compensation Act. Current acceptable noise level limits are:

Sr Area Day (6AM-10PM) Limits Night (10PM-6AM) Limits

1 Industrial 75 dB 70 dB
2 Commercial 65 dB 55 dB
3 Residential 55 dB 45 dB
4 Silence Zone 50 dB 40 dB

Rule 5 prohibits use of Loudspeaker without permission from authority during the daytime (except in
closed premise such as auditorium, conference room, banquet hall). Such rule is relaxed up 15 days
per calendar year by authorities during the festive seasons. Maulana Mufti Syed Barkati v. State of
West Bengal While 5 times a day Azan was a part of Muslim religion, using loudspeakers was not. Om
Birangana Religious Society Every citizen has right to leisure, right to sleep & right NOT to hear.

Polluter Pays Principle

Where there are threats of serious or irreversible damages, lack of full scientific certainty shall not
be used as a reason for postponing cost-effective measures to prevent environmental degradation.
The Polluter Pays Principle (PPP) is a fundamental principle in environmental law, which states that
those who cause pollution or environmental damage must bear the cost of remediation and clean-up.
This principle was first introduced at OECD (Organization for Economic Cooperation & Development)
in 1972. The PPP is based on the idea that polluters should be held responsible for the harm they
cause to the environment and that the costs of remediation should not be borne by society or the
government. And the polluter not only pays the Government for the damages caused, but also to the
victims of such damages, in addition to the restoration of environment to its original pre-damage
state regardless of the intent.
The PPP has been incorporated into Indian environmental law through various judicial
pronouncements, including in the case of Vellore Citizens Welfare Forum v. Union of India. This
case, decided by the Supreme Court of India in 1996, dealt with the issue of pollution caused by
tanneries in the city of Vellore in Tamil Nadu. In this case, the court observed that the PPP was an
important principle that should be applied to ensure that polluters bear the cost of environmental
damage. The court held that the tanneries in Vellore were polluting the environment and causing
harm to the health of people living in the area. The court also observed that the cost of remediation
should be borne by the tanneries, rather than the government or the public. The court directed the
tanneries to set up common effluent treatment plants (CETPs) to treat the effluent discharged by
the tanneries before it was discharged into the river. The court also directed the tanneries to pay a
sum of money to the Tamil Nadu Pollution Control Board (TNPCB) towards the cost of setting up and
operating the CETPs. Another important case is the Oleum Gas Leak case, which was decided by the
Supreme Court in 1987. In this case, the court held that Shriram Foods and Fertilizers Industries was
liable for the damage caused by the oleum gas leak from its plant in Delhi. The court held that the
company had failed to take adequate measures to prevent the gas leak and that it was therefore
responsible for the harm caused by the leak. The court directed the company to pay compensation
to the victims of the gas leak and to take steps to prevent such incidents in the future. Section 3 &
5 of Environmental Protection act empowers the central government to give directions in order to
implement this principle.

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Precautionary Principle
The precautionary principle is a fundamental concept of environmental law that advocates taking
preventive measures to avoid environmental harm, even when there is no conclusive scientific
evidence to prove a causal link between the activity and the harm. It is based on the principle of
'better safe than sorry' and suggests that decision-makers should anticipate and avoid potential
environmental damage by taking action in advance. The precautionary principle is included in various
international environmental agreements such as the Rio Declaration on Environment and
Development, the Convention on Biological Diversity, and the Cartagena Protocol on Biosafety. The
principle has also been adopted by many countries as a guiding principle in their domestic
environmental laws. The principle recognizes that scientific knowledge is constantly evolving, and
therefore decision-making must be based on the best available information at the time. The
precautionary principle states that in situations where there is uncertainty regarding the potential
environmental impact of an activity, the burden of proof should lie with the proponent of the activity
to demonstrate that it is not harmful.

The precautionary principle has been applied in various environmental contexts, such as the
regulation of genetically modified organisms, climate change, and chemical contamination. It has
been a subject of debate, with some critics arguing that it may lead to over-regulation and hinder
technological progress. However, proponents argue that it is a necessary tool for protecting the
environment and human health from irreparable & irrevocable potential harm.

Environmental Impact Assessment

Environmental Impact Assessment (EIA) is a process used to identify and evaluate the potential
environmental impacts of proposed projects or activities. The aim of an EIA is to ensure that
development projects do not cause significant harm to the environment and that appropriate
measures are taken to mitigate any potential impacts. In this context, the EIA is an important tool
for sustainable development. This tool is statutorily backed by the Environment Protection Act, 1986
which contains various provisions on EIA methodology & process. The EIA process in India is governed
by the Environmental Impact Assessment Notification (2021), which was issued by the Ministry of
Environment, Forest and Climate Change. The notification lays down the procedures and guidelines
for conducting EIA studies and obtaining environmental clearances for various projects.

The EIA process involves several stages, including screening, scoping, public consultation,
environmental assessment, and decision-making. However, after 2006 Amendment, there are only 4
steps (Screening, Scoping, Public Hearing and Appraisal). The Screening stage involves the initial
evaluation of a proposed project to determine whether it requires an EIA study or not. The Scoping
stage involves the identification of potential impacts and the development of a detailed scope for
the EIA study. The Public Hearing stage involves the participation of stakeholders in the EIA process,
including the affected communities, NGOs, and experts. The Appraisal stage involves the analysis of
potential impacts and the development of mitigation measures. Finally, the decision-making stage
involves the granting or denial of environmental clearances based on the EIA study and other relevant
factors. Some of the shortcomings of EIA Process include:
A. Schedule 1 is not comprehensive and do not include projects that have significant
impact on environment
B. Lack of assessment team expertise
C. Lack of consideration for public comments in early stage
D. Low quality of EIA and related details
E. Fraudulent EIA studies and references (erroneous and copy/paste data)

One of the most significant cases that illustrate the importance of EIA in India is the case of M.C.
Mehta v. Union of India, commonly known as the Taj Trapezium case. This case, decided by the
Supreme Court in 1996, dealt with the issue of air pollution around the Taj Mahal, a world-famous
heritage site in Agra, India. In this case, the court directed the government to take various measures
to reduce air pollution around the Taj Mahal, including the establishment of an EIA process for new
industrial projects in the Taj Trapezium Zone. The court held that the EIA process was essential to
ensuring that new projects did not cause significant harm to the environment and the heritage site.
Another important case that illustrates the importance of EIA in India is the Lafarge Umiam Mining
Private Limited case, decided by the National Green Tribunal in 2011. In this case, the tribunal held

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that the company was operating a limestone mining project without obtaining environmental
clearances and conducting an EIA study. The tribunal directed the company to stop mining activities
and pay compensation for the environmental damage caused.

Intergenerational and Intragenerational Duty

In the context of environmental law, the concept of intergenerational and intragenerational duty
refers to the responsibilities of present and future generations towards protecting the environment
and ensuring sustainable development.

Intergenerational duty refers to the obligation of the present generation to protect and preserve the
environment for the benefit of future generations. It recognizes that the actions of the current
generation can have a long-term impact on the environment and the well-being of future generations.
Therefore, it is the responsibility of the present generation to take appropriate measures to ensure
that the environment is protected for future generations.

Intragenerational duty, on the other hand, refers to the responsibility of the present generation to
ensure that the environment is protected and conserved for the benefit of the current generation. It
recognizes that the environment is a shared resource, and every individual has a right to live in a
clean and healthy environment. Therefore, it is the responsibility of the present generation to take
appropriate measures to ensure that the environment is protected for the well-being of the current
generation.

Both intergenerational and intragenerational duty are important principles in environmental law as
they emphasize the importance of environmental protection and sustainable development. These
principles have been recognized by various international environmental agreements and conventions,
such as the Rio Declaration on Environment and Development, the United Nations Framework
Convention on Climate Change, and the Convention on Biological Diversity.

Public Trust Doctrine

The Public Trust Doctrine is a principle of law that holds that certain natural resources, such as air,
water, and wildlife, are held in trust by the government for the benefit of the public, and that the
government has a duty to protect and preserve these resources for future generations. This doctrine
is a cornerstone of environmental law, and it is based on the idea that natural resources are essential
to the well-being of society, and therefore must be protected and managed for the public's benefit.
Under the Public Trust Doctrine, the government has a duty to protect natural resources from harm
and depletion, and to ensure that they are used in a sustainable and equitable manner. The
government must also ensure that natural resources are available to all members of society, and that
they are not unfairly monopolized by private individuals or groups. The Public Trust Doctrine has
been recognized by courts and legal systems around the world, including in the United States, where
it has been used to protect public access to beaches, to regulate commercial fishing practices, and
to limit the exploitation of groundwater resources.

One of the key principles of the Public Trust Doctrine is the intergenerational duty to protect and
preserve natural resources for future generations. This means that the government has a
responsibility to ensure that natural resources are managed in a sustainable and equitable manner,
so that they will be available for use by future generations. The doctrine also recognizes the
intragenerational duty to protect and preserve natural resources for the benefit of all members of
society, regardless of their social or economic status. This means that the government must ensure
that natural resources are available to all members of society, and that they are not unfairly
monopolized by private individuals or groups.

MI Builders v. Radheshyam Sahu AIR1999 Underground mall below public park against municipal &
master plan of Lucknow city. SC upheld HC judgement & called it unfair when corporation is the
trustee of environment and restoration within 3 months.

Ratlam Municipality Case

The Ratlam Municipality case, also known as the MC Mehta v. Kamal Nath case, is a landmark
environmental case in India that dealt with the issue of pollution caused by industries in residential

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areas. The case was filed by environmental activist MC Mehta in 1986 against the Ratlam Municipality
in Madhya Pradesh and several industries located in residential areas. The case arose due to the
discharge of toxic effluent from various industries, including chemical and dyeing factories, into a
local river, which caused severe pollution and affected the health of the local residents. The pollution
had led to various health issues, including skin rashes, respiratory problems, and gastrointestinal
disorders, among others.

The Supreme Court, in its judgment in 1987, held that the discharge of effluents from the industries
in residential areas was illegal and amounted to a violation of the fundamental right to life under
Article 21 of the Constitution of India. The court directed the closure of the industries and ordered
them to pay compensation for the environmental damage caused. The court also laid down several
important principles related to environmental law and sustainable development. Non-availability of
funds is not an acceptable excuse. The court held that industries have a duty to protect the
environment and prevent pollution, and that the polluter pays principle should be applied in cases of
environmental damage. The court also emphasized the importance of public participation in
environmental decision-making and the need for a precautionary approach in environmental matters.
B.L Wadhera v. Union of India 1996 – Article 47 makes it a paramount principle of governance that
steps are taken ‘for the improvement of public health as amongst its primary duties of Government’.

Forest Categories (Forest Act)

The Forest (Conservation) Act, 1980 is a key legislation in India that seeks to conserve forests and
protect the environment. The act classifies forests into several categories based on their ecological,
biological and socio-economic significance. Here are some of the categories of forests under the
Forest Act:
1. Reserved forests: Reserved forests are the most protected forests in India. These forests are
owned and managed by the government and are not accessible to the general public. They
are primarily meant for conservation purposes and are designated as such by the state
government. Examples include the Silent Valley National Park in Kerala, the Sariska Tiger
Reserve in Rajasthan, and the Sunderbans National Park in West Bengal. Reserved forests are
further classified into three subcategories:
a. Permanent Forest Estate: These are the forests that are permanently reserved for
forest purposes and cannot be diverted for non-forest activities.
b. Protected Forests: These are the forests that are protected by the government for a
limited period. They can be diverted for non-forest purposes after obtaining the
necessary permissions from the government.
c. Forests for conservation of wildlife: These forests are reserved for the conservation
of wildlife and their habitat. They are meant for the protection of endangered
species and their ecosystems.
2. Village forests: These are the forests that are owned and managed by the local communities.
They are usually found near villages and provide essential resources such as timber, fuel, and
fodder for the villagers. Examples include the Amrita Devi Bishnoi Wildlife Sanctuary in
Rajasthan and the Sujanpur Tihra Forest Reserve in Himachal Pradesh.
3. Private forests: Private forests are owned by individuals or organizations. These forests are
also protected by the government and can be utilized for non-forest purposes after obtaining
the necessary permissions from the government. Examples include the Dandeli Wildlife
Sanctuary in Karnataka and the Corbett Tiger Reserve in Uttarakhand.
4. Protected forests: These are the forests that are protected by the government for a limited
period. They are primarily meant for conservation purposes and can be diverted for non-
forest activities after obtaining the necessary permissions from the government. Examples
include the Indira Gandhi Wildlife Sanctuary and National Park in Tamil Nadu and the Bori
Wildlife Sanctuary in Madhya Pradesh.
5. Unclassified forests: These are the forests that have not been classified by the government.
They are usually located in remote areas and are not well-defined. Examples include the
forests in the Andaman and Nicobar Islands and the forests in the remote areas of Arunachal
Pradesh.

Green House Effects

The greenhouse effect is a natural process that occurs when certain gases in the Earth's atmosphere
trap heat from the sun, leading to an increase in global temperatures. While the greenhouse effect

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is a natural phenomenon, human activities such as burning fossil fuels and deforestation have
increased the concentration of greenhouse gases in the atmosphere, leading to enhanced greenhouse
effect and climate change. The Environmental Protection Act, 1986, recognizes the threat posed by
greenhouse gases and has provisions to regulate and control emissions of greenhouse gases in India.
Under the Environmental Protection Act, the Central Pollution Control Board (CPCB) is responsible
for monitoring and controlling greenhouse gas emissions in the country. The CPCB sets emission
standards for various industries and sectors and conducts regular inspections to ensure compliance.
The act also provides for penalties and fines for non-compliance and empowers the government to
take legal action against polluters.
Additionally, the National Action Plan on Climate Change (NAPCC) was launched in India in 2008 to
address the issue of climate change and reduce greenhouse gas emissions. The plan includes measures
such as promoting renewable energy sources, improving energy efficiency in industries, and
increasing forest cover. The government of India has also pledged to reduce the country's greenhouse
gas emissions intensity by 33-35% by 2030, compared to 2005 levels. In recent years, the Indian
government has taken various steps to reduce greenhouse gas emissions, including promoting electric
vehicles, increasing the use of renewable energy sources, and implementing energy efficiency
measures. However, India remains one of the world's largest greenhouse gas emitters, and more
needs to be done to address the issue of climate change.

Offenses by companies (Air Act)

The Air (Prevention and Control of Pollution) Act, 1981, is an important legislation in India that aims
to prevent and control air pollution. The act has provisions for regulating emissions of air pollutants
from industries, vehicles, and other sources, and also provides for penalties and fines for non-
compliance. Here are some of the offenses by companies and the provisions under the Air Act:
1. Emission of air pollutants: The act prohibits any person or company from emitting any air
pollutant in excess of the prescribed standards. The act sets standards for various air
pollutants such as sulfur dioxide, nitrogen oxides, particulate matter, and carbon monoxide.
Any company that violates these standards is liable for penalties and fines.
2. Failure to obtain consent: The act requires industries to obtain consent from the State
Pollution Control Board (SPCB) before starting operations or expanding existing operations.
The consent is granted based on various factors such as the type of industry, the nature of
pollutants, and the location. Failure to obtain consent can result in penalties and fines.
3. Non-compliance with emission standards: The act requires industries to install pollution
control equipment to reduce emissions of air pollutants. The equipment must be maintained
and operated as per the prescribed standards. Any non-compliance with these standards can
result in penalties and fines.
4. Failure to report emissions: The act requires industries to report their emissions of air
pollutants to the SPCB at regular intervals. Failure to report emissions can result in penalties
and fines.
5. Unauthorized construction of industrial plants: The act prohibits the construction or
operation of any industrial plant without obtaining the necessary approvals and permits. Any
unauthorized construction can result in penalties and fines.

The Air Act provides for penalties and fines for non-compliance with the above offenses. The penalty
may range from Rs. 5,000 to Rs. 1 lakh, depending on the nature and severity of the offense. The act
also empowers the SPCB to take legal action against the company, including shutting down the
operation, in case of persistent non-compliance.

Environment Audit report

Environmental audit is a systematic process of evaluating the environmental performance of an
organization or a project. It involves the identification and assessment of environmental risks,
impacts, and opportunities, and the development of recommendations for improvement. The
Environmental Protection Act, 1986, recognizes the importance of environmental audits and has
provisions for conducting such audits in India. Under the Environmental Protection Act, the Central
Pollution Control Board (CPCB) is responsible for conducting environmental audits of industries and
projects that may have significant environmental impacts. The CPCB may also delegate this
responsibility to State Pollution Control Boards (SPCBs) or other authorized agencies. The
environmental audit process involves the following steps:

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 1. Planning: The audit is planned based on the type and scale of the operation, the nature of
the pollutants, and the potential environmental impacts.
2. Assessment: The audit team collects and analyses data on the environmental performance
of the organization or project, including air and water quality, waste management, and
energy use.
3. Report: The audit team prepares a report that summarizes the findings, identifies areas for
improvement, and makes recommendations for corrective action.
4. Follow-up: The organization or project is required to implement the recommendations and
report back to the audit team on the progress made.

The Environmental Protection Act provides for penalties and fines for non-compliance with the
recommendations of the environmental audit report. The act also empowers the government to take
legal action against polluters who fail to comply with the audit recommendations. The benefits of
environmental audits include improved environmental performance, reduced environmental risks and
liabilities, and enhanced corporate reputation. Environmental audits can also help organizations
identify cost-saving opportunities through improved efficiency and waste reduction.

Oleum gas leak case

The Oleum gas leak case, also known as the Shriram Foods and Fertilizers case, is a landmark case in
Indian environmental law that involved a gas leak from a chemical factory in Delhi in 1986. The case
is significant because it led to the amendment of the Environment Protection Act, 1986, and the
introduction of the concept of "absolute liability" for industries that cause environmental damage.

In August 1986, the Shriram Foods and Fertilizers factory in Delhi released a toxic gas called Oleum
into the surrounding area, causing widespread health problems and environmental damage. The leak
resulted in the hospitalization of over 200 people and the death of one person. The case was brought
before the Supreme Court of India, which ordered the closure of the factory and the payment of
compensation to those affected by the leak. The court also directed the Central Pollution Control
Board (CPCB) to conduct an environmental audit of the factory and submit a report to the court. In
its report, the CPCB identified several environmental violations by the factory, including inadequate
safety measures, improper waste disposal, and the release of toxic gases into the air and water. The
court held that the factory had committed an act of negligence and violated the provisions of the
Environment Protection Act. The court also introduced the concept of "absolute liability" in
environmental law, which holds industries strictly liable for any environmental damage caused by
their operations, regardless of whether they were negligent or intentional. This means that industries
are responsible for compensating victims of environmental damage, regardless of whether they took
reasonable care or not. The Oleum gas leak case led to the amendment of the Environment Protection
Act, 1986, to include the concept of absolute liability. The act was amended in 1991 to hold industries
strictly liable for any damage caused by their operations, and to provide for compensation to victims
of environmental damage.

Treatment and disposal of bio-medical waste

The Environment Protection Act, 1986, and the Bio-Medical Waste (Management and Handling) Rules,
2016, regulate the treatment and disposal of bio-medical waste in India. The rules were introduced
to ensure the safe and proper handling, treatment, and disposal of bio-medical waste to prevent
harm to human health and the environment. Bio-medical waste is defined as any waste generated
during the diagnosis, treatment, or immunization of human beings or animals or in research activities
pertaining thereto or in the production or testing of biologicals. Bio-medical waste can include a
range of materials, such as sharps (needles, scalpels), body parts, tissues, blood and bodily fluids,
microbiological waste, and pharmaceutical waste.
The Bio-Medical Waste (Management and Handling) Rules, 2016, set out detailed provisions for the
handling, segregation, collection, transportation, treatment, and disposal of bio-medical waste. The
rules require hospitals, clinics, and other healthcare facilities to segregate bio-medical waste into
different categories and to ensure that the waste is collected, transported, and disposed of in a safe
and environmentally sound manner. Under the rules, bio-medical waste is classified into four
categories:
1. Category 1 Human Anatomical Waste - includes tissues, organs, body parts, etc.

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 2. Category 2 Animal Waste - includes waste generated from research or veterinary hospitals,
etc.
3. Category 3 Microbiological Waste - includes laboratory cultures, stock, and microbiological
waste, etc.
4. Category 4 Sharps Waste - includes needles, syringes, scalpels, broken glass, etc.
The rules require healthcare facilities to treat and dispose of bio-medical waste in accordance with
the standards set by the Central Pollution Control Board (CPCB) and the State Pollution Control Boards
(SPCBs). The treatment and disposal of bio-medical waste must be carried out by authorized agencies
and in accordance with the guidelines set out by the CPCB. The Bio-Medical Waste (Management and
Handling) Rules, 2016, also require healthcare facilities to maintain records of the bio-medical waste
generated, treated, and disposed of, and to submit regular reports to the SPCBs and the CPCB. Non-
compliance with the rules can result in penalties and legal action, including fines and closure of the
facility. In addition, the Environment Protection Act, 1986, provides for imprisonment and fines for
violations of environmental laws and regulations.

Eco-labeling scheme
The Eco-labeling scheme is a provision under the Environment Protection Act, 1986, that aims to
promote environmentally friendly products and services. Eco-labeling is a voluntary scheme that
encourages businesses to adopt sustainable practices in their manufacturing and production
processes. The scheme provides a means for consumers to identify and purchase products that have
a lower impact on the environment. The Eco-labeling scheme is administered by the Bureau of Indian
Standards (BIS), a statutory body under the Ministry of Consumer Affairs, Food and Public Distribution.
The BIS is responsible for setting the standards for eco-labeling, evaluating products and services
against these standards, and awarding eco-labels to products and services that meet the criteria.
Under the Eco-labeling scheme, products and services are evaluated against environmental criteria,
such as energy efficiency, resource conservation, and pollution prevention. The BIS also considers
the entire life cycle of the product or service, from raw materials and manufacturing to disposal and
recycling. Products and services that meet the environmental criteria are awarded an eco-label,
which can be displayed on the product or packaging. The eco-label indicates that the product or
service has met the environmental standards set by the BIS and is environmentally friendly.

The Eco-labeling scheme benefits both businesses and consumers. For businesses, eco-labeling can
provide a competitive advantage by distinguishing their products and services from those of
competitors. Eco-labeling can also lead to cost savings through improved efficiency and reduced
waste. For consumers, eco-labeling provides information about the environmental impact of products
and services, enabling them to make informed purchasing decisions.

Hazardous Waste Rules

The Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2016, are a set
of provisions under the Environment Protection Act, 1986, that aim to regulate the management,
handling, and disposal of hazardous waste in India. It does not deal with wastewater, municipal solid
waste, radioactive or bio wastes. It also assigns duty of safe & environmentally sound recycle/disposal
to the occupier. Occupier must take all necessary precautions to avoid accidents & limit its
consequences to humans and environment. The rules were formulated to ensure the safe and
environmentally sound handling of hazardous waste, to minimize the generation of hazardous waste,
and to promote the reuse, recycle and recovery of hazardous waste. These rules apply to the
generation, handling, storage, transport, and disposal of hazardous waste. The rules require every
generator of hazardous waste to obtain authorization from the State Pollution Control Board (SPCB)
or Pollution Control Committee (PCC) for the storage, transportation, treatment, and disposal of
hazardous waste. The rules also require every operator of a facility that handles hazardous waste to
obtain authorization from the SPCB or PCC.

Under the rules, hazardous waste is classified into various categories based on its characteristics and
composition. The rules also prescribe different management practices for the various categories of
hazardous waste. The rules require hazardous waste to be treated, stored, transported, and disposed
of in a manner that is safe and environmentally sound. The Hazardous Waste Rules, 2016, also
prescribe standards for the treatment and disposal of hazardous waste. The rules require hazardous

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waste to be treated using appropriate technologies to ensure that it is converted to non-hazardous
or less hazardous. The rules also require hazardous waste to be disposed of in a manner that does
not pose a threat to human health and the environment. The Rules also require generators and
operators of facilities that handle hazardous waste to maintain records and submit reports to the
SPCB or PCC. The rules also provide for the inspection of facilities that handle hazardous waste to
ensure compliance with the rules. These rules do noy apply to Waste Water & Exhaust gases, waste
from ships beyond 5KM away from the baseline, radio-active wastes, Bio-medical wastes and
Municipal Sold Wastes.

The Nodal ministry MoEF controls transboundary movement, prohibits import & export of hazardous
waste to/from India for disposal with an exception to import for recycling/recovery/reuse with
necessary prior consent from both countries. Liabilities assigned to importer, transporter and
operator for all damages caused if any. Some specific definitions from this rule we need to know
include:
a) Hazardous Waste: As per the rules, ‘hazardous waste’ refers to any waste that has the
potential to cause harm to human health and the environment. It includes waste
generated from various sources such as industrial processes, treatment plants,
manufacturing activities, and chemical laboratories. The waste may be in solid, liquid,
or gaseous form and may exhibit characteristics like flammability, toxicity, reactivity, or
corrosiveness.
b) Occupier: The term ‘occupier’ refers to any person who has control over the operation
or process generating hazardous waste or who is responsible for its generation, storage,
collection, or disposal. It includes any individual, company, or organization that owns or
operates a facility generating hazardous waste. He is also responsible for:
a. Prevention
b. Minimization
c. Reuse
d. Recycle
e. Recovery & utilization (co-processing), and
f. Safe Disposal
c) Hazardous Waste Generator: A ‘hazardous waste generator’ refers to any person or
entity whose actions lead to the generation of hazardous waste. This includes industries,
businesses, institutions, healthcare facilities, or any other entity that produces waste
meeting the criteria of hazardous waste.
d) Hazardous Waste Treatment, Storage, and Disposal Facility (TSDF): A "Treatment,
Storage, and Disposal Facility" (TSDF) is a facility authorized by the regulatory authorities
for the treatment, storage, or disposal of hazardous waste. These facilities must meet
specific criteria and standards to ensure safe management and minimize the impact on
human health and the environment.

Bio-medical Waste
The Bio-Medical Waste Management Rules, 2016, is a legislation that focuses on the proper
management and handling of bio-medical waste generated from healthcare facilities. The rules
provide definitions and provisions to ensure the safe handling, treatment, and disposal of bio-medical
waste. Here are the key definitions and provisions under these rules:
a) Bio-medical Waste: The rules define "bio-medical waste" as any waste generated during the
diagnosis, treatment, or immunization of human beings or animals, or in research activities
pertaining to these areas. It includes waste generated from healthcare facilities, research
laboratories, and veterinary institutions.
b) Occupier: The term "occupier" refers to any person or organization that has control over the
institution, generating bio-medical waste, including the person responsible for the
management and administration of the institution.
c) Authorized Person: An "authorized person" refers to an individual or officer authorized by
the respective SPCB or PCC (Pollution Control Committee) to perform inspections, inquiries,
or other tasks related to the implementation of the bio-medical waste management rules.
d) Common Bio-medical Waste Treatment Facility (CBWTF): A "Common Bio-medical Waste
Treatment Facility" is a facility authorized by the regulatory authorities for the treatment
and disposal of bio-medical waste generated by multiple healthcare establishments.
Segregation and Storage:

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 a) The rules specify the segregation of bio-medical waste into various categories, such as
general waste, infectious waste, hazardous waste, pharmaceutical waste, and so on.
b) Healthcare facilities are required to provide separate color-coded bins or containers for
different types of bio-medical waste to ensure proper segregation and prevent cross-
contamination.
c) The rules also provide guidelines for the storage of bio-medical waste, including requirements
for labeling, securing waste containers, and maintaining records of waste generation and
disposal.
Treatment and Disposal:
a) The rules outline the requirements for on-site treatment of bio-medical waste by healthcare
facilities, including options such as incineration, autoclaving, microwave treatment, or any
other approved method.
b) The rules also emphasize the establishment and utilization of Common Bio-medical Waste
Treatment Facilities (CBWTFs) for the treatment and disposal of bio-medical waste generated
by healthcare facilities that are unable to perform on-site treatment.
c) The disposal of treated bio-medical waste must be done in an environmentally sound manner,
following specific guidelines and standards.
Responsibilities and Duties:
a) The occupier of a healthcare facility is responsible for ensuring the proper management of
bio-medical waste generated within the premises.
b) The rules impose obligations on healthcare facilities to maintain records of bio-medical waste
generation, treatment, and disposal. These records must be made available for inspection by
authorized persons.
c) Regular training and awareness programs on bio-medical waste management must be
conducted for healthcare personnel involved in waste handling and management.
Authorization and Monitoring:
a) The rules require healthcare facilities generating bio-medical waste to obtain authorization
from the respective State Pollution Control Board or Pollution Control Committee.
b) The regulatory authorities are responsible for monitoring and enforcing compliance with the
bio-medical waste management rules. They conduct inspections, issue guidelines, and take
necessary actions to ensure proper implementation of the rules.

Power of Entry and Inspection (Air)

The provisions for the Power of Entry and Inspection under the Air (Prevention and Control of
Pollution) Act, 1981 are laid down in Section 24 of the Act. The section empowers the State Pollution
Control Boards (SPCBs) and the Central Pollution Control Board (CPCB) to appoint authorized officers
to ensure the implementation of the Act. The authorized officers have the power to enter any
premises, industrial plant, or equipment that emits pollutants into the air, at any reasonable time.
They can also take samples of air, water, or soil, and inspect any books, registers, and other
documents related to the industry's air pollution control measures. Some of the key provisions under
the Power of Entry and Inspection under the Air Act are as follows:
1. Entry of authorized officers: The authorized officers appointed by the SPCBs and CPCB can
enter any premises or industrial plant that emits pollutants into the air, at any reasonable
time.
2. Taking of samples: The authorized officers can take samples of air, water, or soil from the
premises to determine the level of air pollution.
3. Inspection of documents: The authorized officers can inspect the books, registers, and other
documents related to the industry's air pollution control measures to ensure compliance with
the Act.
4. Power to take measures: In case the authorized officer finds any violation of the provisions
of the Air Act or the rules made thereunder, they can issue directions to the industry to take
necessary measures to prevent or control air pollution.
5. Power to seize equipment: The authorized officer also has the power to seize any equipment
or machinery that is causing air pollution and take it for analysis and examination.
6. Penalty for obstruction: Any person who obstructs an authorized officer from carrying out
their duties or refuses to comply with the directions issued by them can be penalized under
the Act.

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Stockholm Conference

The Stockholm Conference was a landmark event in the history of environmental protection. It was
held in Stockholm, Sweden, from June 5 to 16, 1972, and was organized by the United Nations
Environment Programme (UNEP). ‘Only One Earth’ was the motto. The conference was attended by
representatives from 114 countries, as well as various intergovernmental organizations and NGOs.
The conference marked the first time that the global community came together to discuss
environmental issues on an international level. It resulted in the adoption of the Stockholm
Declaration, which outlined the principles and objectives of international environmental protection.

The Stockholm Declaration recognized the need for cooperation between nations to address
environmental issues and emphasized the importance of sustainable development, highlighted the
need for environmental protection to be integrated into development plans and called for the
development of international agreements to protect the environment. The Stockholm Conference
and the Stockholm Declaration were instrumental in the development of international environmental
law. They led to the creation of the United Nations Environment Programme, the establishment of
the World Environment Day, and the adoption of several international environmental agreements,
including the Convention on the Conservation of Migratory Species of Wild Animals, the Convention
on International Trade in Endangered Species of Wild Fauna and Flora, and the Convention on
Wetlands of International Importance. The Stockholm Conference played a crucial role in raising
awareness of environmental issues on a global level and in establishing the framework for
international cooperation on environmental protection. It also led to the adoption of the Environment
Protection Act, 1986, in India, which provides a legal framework for environmental protection and
sustainable development in the country.

The main objectives of the Stockholm Conference on Environmental Protection were to place
environmental issues at the forefront of international concerns and to start a dialogue between
industrialized and developing countries on the link between economic growth, pollution of the air,
water, and oceans, and the well-being of people around the world. The conference aimed to protect
and improve the human environment, which is a major issue affecting the well-being of peoples and
economic development throughout the world. The Stockholm Declaration, which contained 26
principles, was a significant outcome of the conference and laid the foundation for several other
initiatives by the UN and other organizations around the world for the protection and preservation of
the environment. Principles of the Stockholm Declaration:

1. Human rights must be asserted, apartheid and colonialism condemned

2. Natural resources must be safeguarded
3. The Earth's capacity to produce renewable resources must be maintained
4. Wildlife must be safeguarded
5. Non-renewable resources must be shared and not exhausted
6. Pollution must not exceed the environment's capacity to clean itself
7. Damaging oceanic pollution must be prevented
8. Development is needed to improve the environment
9. Developing countries therefore need assistance
10. Developing countries need reasonable prices for exports to carry out environmental
management
11. Environment policy must not hamper development
12. Developing countries need money to develop environmental safeguards
13. Integrated development planning is needed
14. Rational planning should resolve conflicts between environment and development
15. Human settlements must be planned to eliminate environmental problems
16. Governments should plan their own appropriate population policies
17. National institutions must plan development of states' natural resources
18. Science and technology must be used to improve the environment
19. Environmental education is essential
20. Environmental research must be promoted, particularly in developing countries
21. States may exploit their resources as they wish but must not endanger others
22. Compensation is due to states thus endangered
23. Each nation must establish its own standards

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 24. There must be cooperation on international issues
25. International organizations should help to improve the environment
26. Weapons of mass destruction must be eliminated

Rio-di-Janeiro conference
The Rio de Janeiro Conference, also known as the United Nations Conference on Environment and
Development (UNCED), was held in Rio de Janeiro, Brazil, from June 3 to 14, 1992. The conference
was attended by 172 countries, including 108 heads of state or government, and representatives of
over 2,400 non-governmental organizations (NGOs). The conference addressed a range of
environmental and sustainable development issues and resulted in the adoption of several landmark
agreements and declarations. Some of the key outcomes of the Rio de Janeiro Conference are as
follows:
1. Agenda 21: The conference adopted Agenda 21, a comprehensive plan of action to achieve
sustainable development in the 21st century. Agenda 21 covers a range of issues, including
poverty, health, education, energy, agriculture, and biodiversity.
2. United Nations Framework Convention on Climate Change (UNFCCC): The conference
adopted the UNFCCC, which aims to stabilize greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous human interference with the climate
system.
3. Convention on Biological Diversity (CBD): The conference adopted the CBD, which aims to
conserve biological diversity, promote sustainable use of its components, and ensure the fair
and equitable sharing of the benefits arising from the utilization of genetic resources.
4. Forest Principles: The conference adopted the Forest Principles, which provide a framework
for the conservation, management, and sustainable development of all types of forests.
5. Declaration on Environment and Development: The conference adopted the Declaration on
Environment and Development, which recognizes the critical linkages between environment
and development and calls for integrated and sustainable development.
The Rio de Janeiro Conference was a historic event that raised awareness about the importance of
sustainable development and the need for international cooperation to address global environmental
challenges. The agreements and declarations adopted at the conference continue to guide
international efforts to promote sustainable development and protect the environment. Here are
some of the principles agreed upon during the Rio Conference 1992 on Environment:
1. The principle of common but differentiated responsibilities: Countries have a common
responsibility to protect the environment, but they have different responsibilities based on
their level of economic development and historical contribution to environmental problems.
2. The precautionary principle: When there is a risk of harm to the environment or human
health, precautionary measures should be taken, even if the scientific evidence is not
conclusive.
3. The polluter pays principle: Those who pollute or damage the environment should bear the
costs of remediation and clean-up.
4. The principle of sustainable development: Economic development should meet the needs
of the present without compromising the ability of future generations to meet their own
needs.
5. The principle of public participation: People have a right to participate in decisions that
affect their environment and to have access to information relevant to those decisions.
6. The principle of intergenerational equity: Resources should be used in a way that does not
harm future generations.
7. The principle of integration: Environmental considerations should be integrated into all
aspects of decision-making, including economic and social development.

Kyoto Protocol, Montreal Protocol and Convention on Biological Diversity

The Kyoto Protocol, Montreal Protocol, and Convention on Biological Diversity (CBD) are three key
international environmental agreements that address climate change, ozone depletion, and
biodiversity conservation, respectively.

The Kyoto Protocol was adopted in 1997 as an international treaty under the United Nations
Framework Convention on Climate Change (UNFCCC). Its main goal is to reduce greenhouse gas
emissions that contribute to global warming. The protocol sets binding targets for industrialized
countries to reduce their emissions of carbon dioxide, methane, and other greenhouse gases by a

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certain percentage below their 1990 levels. The Kyoto Protocol entered into force in 2005 and has
been ratified by 192 countries.

The Montreal Protocol, adopted in 1987, is an international treaty aimed at phasing out the
production and consumption of ozone-depleting substances (ODS), such as chlorofluorocarbons (CFCs)
and hydrochlorofluorocarbons (HCFCs). ODS are chemicals that destroy the ozone layer, which
protects the earth from harmful ultraviolet radiation. The Montreal Protocol has been successful in
reducing the production and consumption of ODS, and it has been ratified by 197 countries.

The Convention on Biological Diversity (CBD) is an international treaty adopted in 1992 aimed at
conserving biodiversity, promoting sustainable use of its components, and ensuring the fair and
equitable sharing of the benefits arising from the use of genetic resources. The CBD has three main
objectives: the conservation of biological diversity, the sustainable use of its components, and the
fair and equitable sharing of the benefits arising from the use of genetic resources. The CBD has been
ratified by 196 countries.

Johannesburg Declaration
The Johannesburg Declaration on Sustainable Development is a global political statement that was
adopted at the World Summit on Sustainable Development (WSSD) held in Johannesburg, South Africa
in 2002. The Johannesburg Declaration builds upon the earlier Earth Summit held in Rio de Janeiro
in 1992 and highlights the importance of achieving sustainable development goals by promoting
economic, social and environmental sustainability. The Johannesburg Declaration outlines the main
challenges facing the world today, including poverty, inequality, environmental degradation, and the
depletion of natural resources. It recognizes that sustainable development requires an integrated
approach to social, economic, and environmental policies, and highlights the importance of
international cooperation to achieve this goal. The Johannesburg Declaration emphasizes the need
for sustainable production and consumption patterns, and the promotion of renewable energy
sources. It also calls for increased investment in sustainable agriculture, water management, and the
protection of biodiversity and ecosystems. The Declaration recognizes the importance of involving all
stakeholders, including local communities, civil society, and the private sector, in sustainable
development efforts. In addition to outlining key principles for sustainable development, the
Johannesburg Declaration also contains specific commitments by governments, including the
commitment to eradicate poverty, provide access to clean water and sanitation, and promote
sustainable patterns of consumption and production. The Declaration also calls for increased financial
and technical assistance to developing countries to help them achieve their sustainable development
goals. Here are some of the principles agreed upon during the Johannesburg Summit on Environment:

1. The principle of sustainable development: Economic development should meet the needs of
the present without compromising the ability of future generations to meet their own needs.
2. The principle of poverty eradication: Sustainable development requires poverty eradication
and efforts to address social and economic inequalities.
3. The principle of good governance: Sustainable development requires good governance at all
levels, including transparency, accountability, and participation.
4. The principle of integration: Environmental considerations should be integrated into all
aspects of decision-making, including economic and social development.
5. The principle of partnership: Sustainable development requires partnership and cooperation
among governments, civil society, and the private sector.
6. The principle of access to information: People have a right to access information relevant
to decisions that affect their environment and their lives.
7. The principle of equity: The benefits and costs of sustainable development should be shared
equitably among all people and countries.

Millennium Development Goals and Sustainable Development Goals

The 2030 Agenda for Sustainable Development, adopted by the United Nations in 2015, is a plan of
action for people, planet and prosperity, with the aim of eradicating poverty in all its forms and

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dimensions. This ambitious and transformational vision seeks to create a world free of poverty,
hunger, disease and want, where all life can thrive, and where human rights and human dignity, the
rule of law, justice, equality and non-discrimination, and respect for race, ethnicity and cultural
diversity are respected. The agenda consists of 17 Sustainable Development Goals (SDGs) and 169
targets, which seek to build on the Millennium Development Goals (MDGs) and complete what these
did not achieve. The MDGs, which began in the year 2000 and ended in 2015, helped to lift nearly
one billion people out of extreme poverty, combat hunger, and allow more girls to attend school.
The MDGs, specifically goal seven, helped to protect the planet by practically eliminating global
consumption of ozone-depleting substances; planting trees to offset the loss of forests; and increasing
the percent of total land and coastal marine areas worldwide.

The SDGs carry on the momentum generated by the MDGs with an ambitious post-2015 development
agenda that may cost over $4 trillion each year. The SDGs are applicable to all countries, taking into
account different national realities, capacities and levels of development, and respecting national
policies and priorities. They are also committed to ensuring that no one is left behind, and that the
Goals and targets are met for all nations and peoples and for all segments of society. The SDGs build
on over a decade of work by participating countries and target multiple areas for action, such as
poverty and sanitation, and plans to build up local economies while addressing people's social needs.
In essence, the 17 SDGs are:

A. No Poverty;
B. Zero Hunger;
C. Good Health and Well-being;
D. Quality Education;
E. Gender Equality;
F. Clean Water and Sanitation;
G. Affordable and Clean Energy;
H. Decent Work and Economic Growth;
I. Industry, Innovation, and Infrastructure;
J. Reduced Inequality;
K. Sustainable Cities and Communities;
L. Responsible Consumption and Production;
M. Climate Action;
N. Life Below Water;
O. Life on Land;
P. Peace, Justice, and Strong Institutions; and
Q. Partnerships to Achieve the Goal.

The SDGs also rely on the private business sector to make contributions that change impractical and
unsustainable consumption and production patterns. Limited progress has been made with the SDGs,
however. According to the UN, many people are living healthier lives now compared to the start of
the millennium, representing one area of progress made by the MDGs and SDGs.

For example, the UN reported that between 2012 and 2017, 80 percent of live births worldwide had
assistance from a skilled health professional—an improvement from 62 percent between 2000 and
2005. On some measures of poverty, only slight improvements have been made: The 2018 SDGs Report
states that 9.2 percent of the world's workers who live with family members made less than $1.90
per person per day in 2017, representing less than a 1 percent improvement from 2015. Another issue
is the recent rise in world hunger. Rates had been steadily declining, but the 2018 SDGs Report stated
that over 800 million people were undernourished worldwide in 2016, which is up from 777 million
people in 2015.

Another area of the SDGs that lacks progress is gender equality. Multiple news outlets have recently
reported that no country is on track to achieve gender equality by 2030 based on the SDG gender
index. On a scale of zero to 100, where a score of 100 means equality has been achieved, Denmark
was the top performing country out of 129 countries with score slightly under 90. A score of 90 or

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above means a country is making excellent progress in achieving the goals, and 59 or less is considered
poor headway.

In fall of 2019, heads of state and government will convene at the United Nations Headquarters in
New York to assess the progress in the 17 SDGs. The following year—2020—marks the deadline for 21
of the 169 SDG targets. At this time, UN member states will meet to make a decision to update these
targets. In addition to global efforts to achieve the SDGs, according to the UN, there are ways that
an individual can contribute to progress: save on electricity while home by unplugging appliances
when not in use; go online and opt in for paperless statements instead of having bills mailed to the
house; and report bullying online when seen in a chat room or on social media.

Ozone Depleting Substances Rules 2014

The Ozone Depleting Substances (ODS) Rules 2014 in India contain several provisions that serve the
purpose of regulating the production, import, export, sale, use, recovery, and disposal of substances
that contribute to the depletion of the ozone layer. Let's explore the key provisions and their
purposes:
1. Prohibition on Manufacture, Import, Export, Sale, and Use: This provision aims to restrict the
production, import, export, sale, and use of ozone-depleting substances in order to reduce
their overall environmental impact and protect the ozone layer.
2. Licensing and Authorization: The requirement for licenses and authorizations ensures that
entities engaged in activities related to ozone-depleting substances are regulated and
monitored. It helps prevent unauthorized or improper handling of these substances and
promotes responsible practices.
3. Reporting Requirements: Entities handling ozone-depleting substances are required to submit
periodic reports. This provision facilitates data collection, monitoring, and evaluation of the
quantity, type, and purpose of substances handled, allowing authorities to track usage trends
and ensure compliance.
4. Recovery and Recycling: The emphasis on recovery and recycling of ozone-depleting
substances promotes environmentally sustainable practices. By recovering and recycling
these substances, their release into the atmosphere is minimized, reducing their harmful
effects on the ozone layer.
5. Labeling and Record Keeping: Proper labeling of products containing ozone-depleting
substances enables consumers and stakeholders to identify and handle them appropriately.
Record-keeping requirements help maintain a transparent and accountable system for
tracking the movement and usage of these substances.
6. Phase-out Schedule: The phased approach to reducing and eliminating ozone-depleting
substances establishes a clear timeline and target for their gradual reduction. This provision
supports India's commitment under the Montreal Protocol to protect the ozone layer and
aligns with global efforts to mitigate ozone depletion and climate change.
7. Enforcement and Penalties: The enforcement mechanisms and penalties outlined in the rules
serve as deterrents against non-compliance. This provision ensures that individuals or entities
who violate the ODS Rules can face legal consequences, promoting adherence to the
regulations and fostering a culture of compliance.
8. Exemptions: The provision for exemptions allows for limited use or import/export of ozone-
depleting substances under specific conditions and criteria. These exemptions accommodate
certain essential uses or instances where alternatives are not readily available, while still
aiming to minimize the overall impact on the ozone layer.

National Green Tribunal

Solid Waste Management Rules 2016

This is a pressing issue in India. Approximately 90% of municipal solid waste is disposed of
unscientifically in open dump & landfills, despite public protests, creating equity & environmental
justice issues. Waste Management involves collection, Transport, Processing, recycling/disposal and
monitoring of waste material produced by human activities. The purpose is to reduce the adverse
impact on health & environment as well as to recover resources through recycling. EPA as an Umbrella

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act at central level, there are rules on Municipal Solid Waste (2000), Hazardous Waste (2008),
Electronic Waste (2011) & Biomedical Waste.

Municipal Solid waste (Food Rubbish, commercial, institutional, street sweeping, construction /
demolition & sanitation) Rules assign duty to Municipal Authority to develop infrastructure for house-
to-house collection on regular pre-informed time, hygienic & sanitary storage (Green for
Biodegradable, White for recyclable & black for other waste separated), transport, process, recycle
& disposal.

The Solid Waste Management Rules 2016 were formulated by the Ministry of Environment, Forest and
Climate Change to improve the management of solid waste in India. The rules provide a
comprehensive framework for the collection, segregation, storage, transportation, processing, and
disposal of solid waste. Manual handling is prohibited unless done with safety precaution as an
exception, and collection/transportation vehicles must be covered. Landfill sites must have
appropriate distance from habitation clusters, water bodies, forest areas etc., with periodic health
check and post-closure care for at least 15 years. SPCB to monitor waste processing & disposal
facilities like landfill. Here are some key provisions in the Solid Waste Management Rules 2016:
1. Segregation of Waste at Source: The rules emphasize the segregation of solid waste at the
source into categories such as biodegradable waste, non-biodegradable waste, domestic
hazardous waste, and construction and demolition waste.
2. Responsibilities of Waste Generators: The rules place responsibility on waste generators to
segregate and store waste in separate bins or containers, ensuring proper waste disposal.
They are encouraged to adopt measures to minimize waste generation and promote recycling.
3. Door-to-Door Collection: The rules require local authorities to provide door-to-door
collection services for segregated solid waste, leading to regular waste collection from
households, commercial establishments, and institutions.
4. Waste Processing and Treatment: The rules emphasize waste processing and treatment
through composting, biomethanation, recycling, and waste-to-energy conversion. It promotes
the adoption of appropriate technologies and methods for efficient and environmentally
sustainable waste management.
5. Sanitary Landfilling: The rules outline criteria for sanitary landfilling, specifying guidelines
for site selection, design, construction, and operation of landfills. This provision ensures that
landfills are properly engineered to prevent environmental contamination and protect public
health.
6. Responsibilities of Urban Local Bodies (ULBs): The rules assign responsibilities to ULBs for
solid waste management, including waste collection, transportation, processing, and
disposal. It emphasizes the establishment of waste management infrastructure and the
promotion of public awareness and participation.
7. Extended Producer Responsibility (EPR): The rules introduce the concept of EPR, making
producers responsible for the environmentally sound management of the waste generated
from their products. This provision encourages producers to adopt eco-friendly designs,
promote recycling, and take responsibility for the entire lifecycle of their products.
8. Integration of Waste Pickers and Informal Sector: The rules recognize the contributions of
waste pickers and the informal sector in waste management. It promotes their integration
into the formal waste management system, ensuring their livelihoods, and providing them
with necessary support and safeguards.
9. Public Awareness and Capacity Building: The rules emphasize the need for public awareness
and capacity building programs to educate individuals, communities, and stakeholders about
proper waste management practices, segregation, and recycling.

Key Case Laws

1. Damodar Rao v. S.O. Municipal Corporation – Pollution violates right to life under Article 14.
2. Subhash Kumar v. State of Bihar - The right to healthy environment is a part of the right to
life under Article 21 of the Indian Constitution (pollution free water & air).

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 3. MC Mehta v. Kamal Nath & others - Damages for restoration of ecological balances and
compensation to victim for Article 14 violation
4. Municipality v. Vardicharan – Private polluters for hazardous waste.
5. Sher Singh v. State of Himachal Pradesh – State has constitutional obligation (Article 48A &
51 A(g)) to protect & improve environment

Disclaimer

The information contained in this document is provided for informational purposes only and should
not be relied upon as legal, business, or any other advice. The author makes no representations or
warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability
or availability with respect to the document or the information, acts, statutes, or related information
outcome contained in the document for any purpose. Any reliance you place on such information is
therefore strictly at your own risk.

In no event will the author be liable for any loss or damage including without limitation, indirect or
consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits
arising out of, or in connection with, the use of this document.

The author (Hemant Patil, GLC Mumbai Batch of 2025, hbpatil@gmail.com) reserves the right to
modify, add, or delete any information in this document at any time without prior notice. For
obtaining a recent & updated copy of this document, you can send the request with your clear &
accurate identification (Full Name, Contact, Institution etc).

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