@PNOOP YP = CONTENTS Introduction Environment, Environmental Pollution, Environmental Pollutant Sources and Kinds of Pollution Stockholm Declaration Earth Summit Ozone Depletion Common Law Relating to Environmental Protection Statutory Law Relating to Environmental Protection Constitutional Provisions and Environmental Protection Judicial Activism and Environmental Protection Doctrine of Sustainable Development The Polluter Pays Principle The Precautionary Principle Doctrine of Public Trust The Water ( Prevention and Control of Pollution) Act, 1974 The Air ( Prevention and Control of Pollution) Act,1981 The Environmental ( Protection) Act, 1986 The Public Liability Insurance Act, 1991 The National Green Tribunal Act,2010 The Protection of Forest and Wild Life 16 19 20 21 31 40 46 51 56 57 58 59 78 86 91 94 106ENVIRONMENTAL LAW Prepared by- ANIL K. NAIR Advocate High Court of Kerala Ph:0471-2378489 (Res) 0471-2327390 (Off) 0484-2347135 (Off) 9447500443 (Mob) Topic - | Introduction It is universally known that the Mother Earth has its birth long prior to billions of years. She has given berth to millions of living and non-living things in, on and around her fold. She has been providing to all her dependents congenial working and-living conditions. She has also been providing bountiful of sources and resources sufficient to meet the required needs ranging from generations to generations. This process will continue until her own safe existence is in jeop- ardy. The Problem The global problem of the present day is the environmental pollution. The environmental pollution is a serious threat to the existence and survival of hu- man race. Unpolluted air to breathe, uncontaminated water to drink, nutritious food to eat and hygienic condition to live are unavoidable essentials for survival of human race. Land surface, water resources, atmosphere, forests and wildlife are part and parcel of the environment. Man is considered to be the most intellectual gene among the creations of God. In his greed for socio-economic progress man has initiated exploitation of not only his co-human and other beings, but also the bounty of natural resources. 1In this process man has reached to an extreme stage of polluting his own sur. rounding environment thereby endangering the very existence of peaceful ang natural living of all beings. Causes of Pollution Some of the noticeable contributories of Environmental Pollution are the following :- (i) Increasing use of chemicals and fertilizers in the productive process and programmes of industry and agriculture. (ii) Growing methods of research and development in Science and Technology. (iii) Atomic tests. (iv) Construction works leading to the emission of dust and other particles, (v) Loud sounds and resounds causing vibrations and noise pollution. (vi) Deforestration for human dwelling and other purposes causing destruction of forest resources and wildlife. (vii) Mining Operations. (viii) Mechanization (ix) Transportation (x) Unnatural storage of water (xi) Unplanned sewerage and drainage systems. (xii) Population growth with concomitant poverty and frustration. Growing Attacks on the Environment Poisonous Gases In metropolitan cities of India around 800-1000 tons of poisonous gases are being released every day in the atmosphere in which 50% is contributed by motor vehicles, 20% by housing fuels and the rest by industries around the cit- ies. Loud Noise In big cities noise pollution has reached upto 90 decibles as against thé 2limit for human tolerance which is only 20-40 decibles. This is likely to cause high blood pressure, cardiac diseases and deafness. Ozone Depletion In the atmosphere around earth, at about 16 to 60 Kms above earth sur- face, ozone gas forms a layer around earth. This ozone layer protects all inhab- itants and vegitation on earth from the dangerous ultra-violet solar radiation which are powerful enough to damage living cells apart from causing sun-burns and skin diseases like skin cancer. Ozone gas is produced by the union of atomic oxygen formed by the splitting of molecular oxygen by sunlight with the mol- ecules of oxygen. The emission of chloro flouro-carbons and nitrous oxide by industrial units on earth destroys this atmospheric ozone layer and causes the creation of holes in this protective covering of earth, resulting in ultraviolet sun light reaching earth which is responsible for the increase of skin cancer. Acid Ri The presence of dangerous gases produced by the burning of petroleum products and military ammunition on earth produces dangerous gases like sul- phur dioxide and ammonia. These gases precipitate as acid rain on earth which contains sulphuric acid and nitric acid among other dangerous acids. The acid rain causes defoliation and death of trees, pollution of lakes killing all living crea- tures in them and ultimately resulting in infiltration of dangerous chemicals into the soil and ground water. Ni er The use of nuclear energy on a vast scale by the developed countries for peaceful and military purpose has put the Mother Earth and the environment in a new danger of pollution by nuclear radiation. The life on this planet is becoming more dangerous with the addition of every atomic power station or atomic weapon. industrial Revolution The emergence of the Industrial Revolution encouraged the growth of fac- tories and the labour needs of the factories resulted in the migration of popula- tion from villages to urban area which were largely situated alongside rivers. In 3these areas Industrial and household refuse and wastes are disposed off dirac tly into streams and that results in the pollution of river water. a a ver Exploitation of F : house Effect and Global Warming “ Over exploitation of forests have destroyed natural soil conservation, dam aged water resources and natural compost and natural beauty. It has also re. sulted in increased release of carbondioxide in the air (since trees are the pools) banks of the carbon dioxide), thereby creating the “greenhouse” effect. This “greenhouse” effect has added to global warming and change of climatic pattern throughout the world. As a result of which there is rain in the Thar desert anc Cherrapunji is no more a place of highest rainfall in the world. tt Mythological studies reveal that when the degree of ‘Sin’ (offence) on the Earth raises to its maximal, making the life impossible, the God, the invisible, ,, incarnates on Earth to be her saviour. But to one’s own unexpectations, appar: {r ently, today, in the modern high-tech and scientific era, man, a creation of God, is self-volunteering to save the Mother Earth from the growing ‘Sin’ of “Environ- mental Pollution”. In this direction, the United Nations Conference on the Human Environment held at Stockholm during the period from June 5 to 16, (i 1972 was the real maiden attempt. This conference has virtually alarmed the immediate need to take necessary steps to control the menace or dangers of pollution of earth, air and space. The United Nations Conference on Environ- F ment and Development convened at Rio-de-Janeiro, Brazil in June 1992 (Popularly known as Earth Summit) also reaffirmed the philosophy as origi- 7 nated at the Stockhom Conference, 1972. Statutory Efforts India, as a member of the United Nations and as a signatory to the Stockhom Conference has long recognized the need for providing legislative measures not only to control the pollution but also to protect the environment from pollution. It is with the aim of achieving the above objects the following municipal laws have been enacted. (i) The Wild Life (Protection) Act, 1972 4(ii) The Water (Prevention and Control of Pollution) Act, 1974 (iii) The Forest (Conservation) Act, 1980 (iv) The Air (Prevention and Control of Pollution) Act, 1981 (v) The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (vi) The Environment (Protection) Act, 1986 (vii) The Public Liability Insurance Act, 1991 (viii) The National Green Tribunal Act,2010 It would be wrong to say that there were no laws prior to the enactment of the above stated laws to protect the environment from pollution. In India it is not a recent phenomenon to have laws to protect the environment. Even from the nineteenth century, in India, there have been various statutory provisions, spe- cific legislations and application of common law principle to protect the environ- ment. Thus, broadly speaking the law relating to environmental protection in India can be grouped under two heads, namely, (i) Common Law, developed by courts through judicial precedents and (ii)Statutory Laws, enacted by legislatures and Rules made thereunder. Thus environmental law is an amalgamation of common law and statutory principles. Topic - Il The Meaning of ‘ENVIRONMENT’, ‘ENVIRONMENTAL POLLUTION’ and ‘ENVIRONMENTAL POLLUTANT’ The global problem of the present day is the environmental pollution. The environmental pollution is a serious threat to the existence and survival of hu- man race, Unpolluted air to breathe, uncontaminated water to drink, nutritious food to eat and hygienic condition to live are unavoidable essentials for survival of human race. Land surface, water resources, atmosphere, forests and wild life are part and parcel of the environment. An unpolluted environment helpsallround development of one's personality and a bad environment inhibits 15 development. It affects living beings both directly and indirectly. So environment should be prevented from being polluted and destroyed. Definition of Environment The term Environment is derived form the French word “Environner”, which means “to surround”. The term environment literally means the surroundings and conditions under which men live and work. Environment refers to the sun total of all conditions and influences that affect the development of life of a organisms. According to section 2(a) of the Environmental (Protection) Act, 1986, “en vironment includes water, air and land and the inter-relationship, which exist: among and between water,air and land and human beings, other living cree tures, plants, micro organism and property.” vir ntal_Pollutio: According to section 2 (c) of the Environmental ( Protection) Act, 1986 “environmental pollution” means the presence in the environment of any environ mental pollutant.” Environmental Pollutant According to section 2 (b) of the Environmental ( Protection) Act, 1986, environmental pollutant means any solid, liquid or gaseous substance present | such concentration as may be, or tend to be injurious to environment.” Topic - Ill Sources and Kinds of Pollution The object of the environmental law is to preserve and protect the nature gifts to man such as water, air, earth and atmosphere from pollution. In order! effectively protect the environment from pollution, first of all we should ascena the meaning , the sources, and different kinds of pollutions.Sources of Environmental Pollution There are various sources or factors causing Environmental Pollution. The sources of environmental pollution can broadly be classified into two heads: 4, Natural Causes Pollution caused by the operation of natural forces such as cyclone, flood, earthquake, etc., are called ‘natual pollution’ or ‘pollution caused by natural causes’. In the case of natural pollution, there is no intervention of human agency. 2. Artificial Causes Pollution caused by intervention of human agency is called ‘artificial pollu- tion’ or ‘pollution by artificial causes’. The following constitute ‘artificial pollution’: (a) Population Growth (b) Industrialisation (a) Population Growth Population explosion is a serious threat to the developing countries like India. Population is growing by leaps and bounds. The rapid growth of popula- tion and consequential demand for food products, goods and commodities com- pel the people to exploit the natural resources without considering the adverse effect on environment. The discharge of house-hold wastes, dust resulting from construction work, fumes resulting from housing fuel, poisonous gases and sound emiting from motor vehicles, etc., cause pollution of water, air and land. (b) Industrialisation The main source of environmental pollution is rapid growth of industrialisation. Industires release noxious and hazardous gases into the atmo- sphere. It resuts in air pollution. In Bhopal, poisonous gas (methylisocynate) released from Union Carbide Corporation India Ltd., on December 4, 1984 claimed thousands of lives of men and cattle. The wastes and effluents from the facto- ries are released into nearby waterbodies like rivers, ponds, lakes and the sea.i i ne depletion This result in water pollution 1s in ozo The industrialisation result acid rains etc., making the life in the earth dangerous. Different kinds of Polly’ 1. Water Pollution Water is an important factor in the life of organisms. solvent in which practically all the minerals, present in soil, may be dissolved. supports life system. It covers about one- third of the earth's surface. Clean an pure water is the inherent right of every man. It is an univers: Although industries and factories manufacture useful goods, they are als responsible for creating harmful waste products called “effluents”. They are ger erally released into nearby waterbodies like rivers, ponds, lakes and the see These chemical effluents adversely atfect the life of water animals and plant: Sea water gets polluted by oil spillage from large ships resulting in the death « fish and other sea animals. Use of pesticides and chemical fertilizers also caus pollution to water. Water also gets polluted by human and animal excreta an dead organisms. This contaminated water spreads diseases like typhoid, cho era and jaundice. The presence of pollutants in water especially toxic substances either i the sea, tanks, ponds or wells have affected life on earth badly. People are ni getting clean water to drink, for bath and household activities. In order to preve| pollution of water our Parliament has enacted the Water (Prevention and Contr of Pollution) Act, 1974. According to section 2 (e) of the Water (Prevention and Control of Poll tion) Act, 1974 , “pollution” means such contamination of water or such alteratic of the physical, chemical or biological properties of water or such dishcarge | any sweage or trade effluent or of any other liquid, gaseous or solid substanc into water (whether directly or indirectly) as may, or is likely to, create a nuisan or render such water harmful or injurious to public health or Safety, or to dome tic, commercial, industrial, agricultural or other legitimate uses, or to the life ar 8health of animals or plants or of acquatic organisms The analysis of the definition of “pollution” given in section 2(e) of the Wa- ter (Prevention and Control of Pollution) Act, 1974 make it clear that the word ‘pollution’ is defined to denote “water pollution”. The following can be treated as water pollution. 1. Contamination of water which is likely to create a nuisance or render such water harmful or injuriuos to public health or safety, or to domestic, com- mercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms. 2. Alteration of the physical, chemical or biological properties of water which is likely to create a nuisance or render such water harmful or injuriuos to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organ- isms. 3. Discharge of any sewage or trade effluent or of any other liquid, gas- eous or solid substance into water which is likely to create a nuisance or render such water harmful or injuriuos to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms. “Sewage effluent” means effluent from any sewerage system or sewage disposal works and includes sullage from open drains. [section 2(g) of the Water (Prevention and Control of Pollution) Act, 1974]. “Trade effluent” includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industry operation or process, or treatment and disposal system other than domestic sewage. [sec- tion 2(k) of the Water (Prevention and Control of Pollution) Act, 1974].The main cause of water pollution is the discharge of soid or liquid wasig products containing pollutants. They are: (i) domestic and commercial wastes; (ii) industrial wastes; (iil) pesticides and chemical fertilizers used in agricultural operation; (iv) the acid rain resulting from air pollution; (v) thermal wastes, etc. Various measures have been taken for prevention of water pollution in India. The Indian Parliament passed the Water (Prevention and Control of Pollu. tion) Act, 1974 as supplement to the Environment (Protection) Act, 1986 relating to quality of water. Water Pollution Control Boards have been set up at the Centre and State to promote cleanliness of water and to prevent pollution. The Municipalities are entrusted with the control of solid wastes through treatmen plants, throughout the country. The Union Ministry of Forests, Environment ang Wild Life has developed action plans for the prevention of pollution of the rivers, Ganga and Yamuna. Despite above efforts, the massive problem of water pollu- tion still remains unabated. i, Air Pollution Unpolluted air to breathe is the inherent right of every man. Air is the chie! constituent of human life without which we cannot survive for a few minutes. Air is the mixture of various gases that forms the earth’s atmosphere and it extends upto the height of about 300 kms above the earth's surface. Various gases such as nitrogen, carbon dioxide, oxygen and hydrogen which are present in the air perform various functions useful for living beings. The industrialisation, motor traffic, construction works, housing fuels, in- cineration ( burning of wastes like rubber, plastic products etc in open place) and natural causes such as earthquake, cyclone etc., cause pollution to air.In metropolitan cities of India around 800-1000 tons of poisonous gases are being released every day in the atmosphere in which 50% is contributed by motor vehicles, 20% by housing fuels and the rest by industries In the atmosphere around earth, at about 16 to 60 Kms above earth sur- face, ozone gas forms a layer around earth. This ozone layer protects all inhab- itants and vegitation on earth from the dangerous ultra-violet solar radiation which are powerful enough to damage living cells apart from causing sun-burns and skin diseases like skin cancer. Ozone gas is produced by the union of atomic oxygen formed by the splitting of molecular oxygen by sunlight with the mol- ecules of oxygen. The emission of chloro flouro-carbons and nitrous oxide by industrial units on earth destroys this atmospheric ozone layer and causes the creation of holes in this protective covering of earth, resulting in ultraviolet sun light reaching earth which is responsible for the increase of skin cancer. The presence of dangerous gases produced by the burning of petroleum products and military ammunition on earth produces dangerous gases like sul- phur dioxide and ammonia. These gases precipitate as acid rain on earth which contains sulphuric acid and nitric acid among other dangerous acids. The acid rain causes defoliation and death of trees, pollution of lakes killing all living crea- tures in them and ultimately resulting in infiltration of dangerous chemicals into the soil and ground water. The presence of pollutants in air, especially toxic and poisonous substances, have affected life on earth badly. People are not getting clean air to breathe. The acid rain destroys plants and animals and also damage buildings. Complete eradication of air pollution is very difficult and technically impossible. It can be controlled to some extent by taking technological, legislative and administrative measures. In order to prevent pollution of air our Parliament has enacted the Air (Prevention and Control of Pollution) Act, 1981. According to section 2 (b) of the Air (Prevention and Control of Pollution) Act, 1981, “air pollutio lutant”. According to section 2(a) of the Act “air pollutant” means “ any solid, "1 " means “the presence in the atmosphere of any air pol-Y liquid or gaseous substance including noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment”. The defenition of air pollutany includes noise as a potential pollutant. As per the provisions of the Air (Prevention and Control of Pollution) Act, 1981, the Central and State Pollution Control! Boards have been established tq prevent and control air pollution. Wm. La oil lutio: The land or soil is considered to be the heart of life. The major source of land pollution is the massive amount of solid wastes disposed of by the people, This includes household refuse, commercial rubbish, industrial wastes, garbage, trash, automobile, tyres, cans, waste paper, etc. But the most dangerous pollut- ant is the plastic components such as plastic bags, plastic papers, plastic wrap- pers and other plastic products. These materials remain undecayed for a long time in the soil, and they not only have nuisance value but also are health haz- ards. Dumping of solid wastes into oceans will affect marine eco-system as well as territorial eco-system. Apart from solid wastes, land pollution is caused by the excessive use of chemical fertilizers and pesticides. Fertilizers are used to improve crop produc- tion. Pesticides are chemicals used to kill insects that attck plants. Both are highly poisonous and harmful to human beings. Pests increase in number be- cause of an imbalance in the ecosystem. If snakes are killed in large numbers, the number of rats will increase. If fish are killed in large numbers, mosquitoes will increase because eggs are food for fish. Mining operations, felling of trees, agricultural operations and _urbaniza- tion result in land pollution.v. Noise or Sound Pollution Noise is a form of sound. It is an unwanted or undesired and unpleasant sound. It is also termed as misplaced sound. It produces bad effect on health. The most commonly produced effect on health is the loss of hearing capacity and fatigue. |t causes annoyance and sleep interruptions. It may affect diges- tive system. It ey increase blood pressure. Industries, stone quarries, loudspeakers, automobiles, aricrafts, trains, con- struction works, Radio, Television, etc, are the main sources of noise pollution In England, Noise Abatement Act, 1960 was enacted to prevent and con- trol air pollution. In America, there is Noise Pollution and Abatement Act, 1970 for prevention of Noise Pollution. In India there is no law exclusively dealing with the problem of noise. However sections 268 and 290 of the Indian Penal Code, 1860, Chapter III of the Factories Act,1948, the Motor Vehicles Act, 1988 and the rules made thereunder and the Environmental Protection Act, 1986 and the rules made thereunder are useful to prevent and control noise pollution. The Environmental (Protection ) Rules as amended in 1989 prescribe am- bient air quality standards in respect of noise. These standards lay down the day time and night time limits of noise in industrial, commerical and residential areas as well as in “silence zones". The use of vehicle horns, loudspeakers and bursting of crackers is banned in silence zones. A ‘silence zone’ has been de- fined as an area upto 100 metres around hospitals, educational institutions, courts etc. Noise pollution can be mitigated by playing musical instruments at low volumes, banning the use of loudspeakers and using good quality silencers in motor vehicles and factories. In Church of God (Full Gospel ) in India v. K.K.R. Majestic Colony Welfare Association (2000) 7 SCC 282, the respondent Welfare Association filed petition against the appellant, a minority denominational church, for causing 13,———<__— ——— noise pollution during the course of their regular prayer service. It was undis puted that the Church used loud-speakers, drums and other instruments during prayers. The appellant contended that the complaint was a motivated one, aimed at disrupting the religious activities of a minority religious institution. The High Court found that there was no malice or objectionable motive in the petition filed by the respondent Welfare Association. The High court clearly held that as the noise created by the church loudspeakers exceeded permissible decibel level it is to be reduced. The Church preferred an appeal to the Supreme Court. The Supreme court dismissed the appeal and held: Undisputedly, no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums. Ina civilised society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during daytime or other persons carrying on other activities cannot be permitted. Aged, sick people afflicted with physic disturbances as well as children up to 6 years of age are considered to be very sensitive to noise. Their rights are also required to be honoured Under the Environmental Protection Act, 1986, rules for noise-pollution level are framed which prescribe permissible limits of noise in residential commercial , industrial areas, or silence zone. The question is, whether the appellant can be permitted to violate the said provisions and add to noise pollution. Even to claim such a right itself would be unjustifiable. In these days noise pollution has become more serious with the increasing trend towards industrialisation, urbanization and modernisation and is having many evil effects including danger to health. It may cause interruption to sleep, affect communication, loss of efficiency, hearing loss or deafness, high blood pressure, depression, irritability, fatigue, gastro-intesinal problems, allergy, distraction mental stress and annoyance. This also affects the animal life. The extent of damage depends upon the duration and the intensity of noise. Sometimes it leads to serious law and order problem. Further, in an organised society rights are related with duties towards others including neighbours. Under such 4 circumstance it is not possible to allow the Church to increase the noise pollution 14by beating drums or by use of voice amplifiers, loudspeakers or by such other musical instruments beyond the permissible limits. Vv. Food Pollution Every living being requires food to grow and to obtain energy for carrying on his activities. If the food is polluted and adulterated it will cause injurious effect on the consumer. Food gets polluted from its source to its use. Food pollution begins when chemicals are used for plant growth. These chemicals directly and indirectly affect the quality of food. Food also gets polluted during processing, storage, transportation and retailing. In addition to the above causes the food is polluted by intentional act of food adulteration. In order to prevent food adulteration, the Parliament of India has enacted the Food Safety and Standards Act, 2006. VI. Radio-active Pollution Radio-active pollution is the pollution caused by the blast of atoms. Some elements like radium, uranium, etc., emit invisible effects known as radiations. The emission of these invisible radiations is known as radio-activity and such substances are called radio-active substances. Radiations are emitted from the nucleus of radio-active substances. Radio-active substances emit three kinds of rays known as alpha rays, beta rays and gamma rays. Out of these three gamma rays are most dangerous for living beings. Nuclear power plants and testing of atom bombs are the main sources of radioactive pollution. Atomic pollution is a slow and silent killer but very lethal. In order to control and regulate use of atomic energy, the Atomic Energy Act, 1962 has been enacted by the Indian Parliament. Neverthless, our environ- ment is exposed to greater atomic pollution due to the magnitude of use of atomic energy.Topic - IV ; The Stockholm Declaration, 1972 ( The United Nationg Conference on Human Environment) In the history of environment management the year 1968 marks a Watley. shed. The Economic and Social Council (ECOSOC) of the United Nations passaq a resolution on 30th July, 1968 for convening an International Conference on the problems of human environment. This was followed by a resolution passed op 3rd December 1968, by the General Assembly. In persuance of these resol), tions, the United Nations Conference on Human Environment was conveneq and held at Stockholm from Sth to 16th June, 1972. Including India, one hun. dred and thirteen states participated in the conference. India was representeq by the then Prime Minister, Mrs. Indira Gandhi. A declaration under the head “ The Magna Carta of Our Environment’ was made in the Conference. The following are the main principles adopted for the protection and improvement of the Environment: 1. Man has the fundamental right to freedom, equality and adequate conci- tions of life, in an environment of a quality that permits a life of dignity and well being. He has a solemn responsibility to protect and improve the environment for present and future generations. 2. The natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural eco-systems must be safeguarded for the benefit of present and future generations through careful planning or management. 3. The capacity of the earth to produce vital renewable resources must be maintained and, wherever practicable, restored. 4. Man has special responsibility to safeguard and wisely manage the heri- tage of wildlife and its habitat which are now gravely imperiled by a combination 16of adverse factors. Nature conservation, including wildlife, must therefore re- ceive importance in planning for economic development. 5. The non-renewable resources of the earth must be employed in such a way as to guard against the danger of their future exhaustion and to ensure that benefits from such employment are shared by all mankind. 6. The discharge of toxic substances or of other substances and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmfull, must be halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the people of all countries against pollution should be supported. 7. State shall take all possible steps to prevent pollution of the seas by sub- stances that are liable to create hazards to human health, to harm living re- sources and marine life; to damage amenities or to interfere with other legitimate uses of the sea. 8. Economic and social development is essential for ensuring a favourable living and working environment for man and for creating conditions on earth that are necessary for the improvement of the quality of life. 9. Environmental deficiencies generated by the conditions of under-develop- ment and natural disasters pose grave problems and can best be remedied by accelerated development through the transfer of substantial quantities of finan- cial and technological assistance as a supplement to the domestic effort of the developing countries and such timely assistance as may be required. 10. Resources should be made available to preserve and improve the environ- ment. 141. In order to achieve a more rational management of resources and thus to improve the environment, states should adopt an integrated and co-ordinated approach to their development planning so as to ensure that development is 7compatiable with the need to protect and improve the human environment for th. benefit of their population. 12. Education in environmental matters, for the younger generation as well a. adults, is essential for Protecting and improving environment 13. Scientific research in the context of environmental problems must be pro, moted in all countries, especially the developing countries. 14. States have the sovereign right to exploit their own resources pursuant tg their own environmental policies. 15. States have the responsibility to ensure that activities within their jurisdic. tion or control do not cause damage to the environment of other states or oj areas beyond the limits of national jurisdiction. 16. States must strive to reach prompt agreement on the culmination and com. plete destruction of nuclear weapons and all other means of mass destruction. Effect of Stockholm Declaration The recommendations of the Stockholm Declaration drew the attention of member states towards environmental pollution, protection and promotion. The United Nations Environmental Programme (UNEP) was set up in Geneva in 1973. The U.N.E.P make every effort of the successful implementations of Stockholm Declaration. Several states enacted legislations for protection and improvement of environment. In India, nearly 200 central and state legislations on environment have been enacted. The Stockholm Declaration has some impact on the Indian judiciary also. The Supreme Court of India and High Courts have given a new interpretation to the Constitutional provisions with a view to give more protection to environment and to prevent environmental pollution. 18Topic-V Rio- Summit,1992 Or Earth Summit Or Rio Declaration on Environment and Development In 1992 the 3rd International Conference on Environment was held at Rio-de Jenerio, the capital of Brazil. Rio-Declaration on Environment and Development is known as ‘Earth Summit’ or Rio Summit, 1992. It is the largest convention on the history of International relations. About 20,000 delegates from 178 states attended the conference and hence it is called the Earth Summit. Maurice Strong, the chief of United Nations Conference on Environment and Development described the convention as ‘Parliament of the Planet’. The Rio - Summit reaffirmed the Stockholm Declaration. The following are the main features of Rio- Declaration. 1) Human beings are entitled to healthy productive life in harmony with nature. 2) The States must ensure that their developmental activities and environmental policies shall not cause damage beyond their national jurisdiction. 3) All states shall co-operate for eradicating poverty for sustainable development and to promote standard of living. 4) States shall co-operate in a spirit of global partnership to conserve, protect and restore the health and integrity of the earth's eco-system. 5) States shall enact effective environmental legislations and shall maintain environmental standards. 6) In order to protect the environment the precautionary approach shail widely be applied by states. 19