Environmental Law

Unit-I:
Concept of Environment, Ecosystem, and Pollution Environment:

Meaning and Contents:

The environment refers to the surroundings, conditions, and elements that surround and affect living
organisms. It includes both biotic (living) and abiotic (non-living) components such as air, water, soil,
plants, animals, and humans.
Definition under the Environment Protection Act 1986: The Environment Protection Act 1986 defines
the environment as the sum total of water, air, and land, and the inter-relationships which exist among and
between water, air, and land, and human beings, other living organisms, plants, microorganisms, and
property.
Ecosystem, Ecology, Biosphere:
An ecosystem is a community of living organisms interacting with each other and their physical
environment.
Ecology is the scientific study of the relationships between organisms and their environment.
The biosphere is the zone of the Earth where life exists, including the atmosphere, lithosphere, and
hydrosphere.
Greenhouse Effect, Global Warming, Ozone Depletion:
The greenhouse effect is the process by which greenhouse gases in the Earth's atmosphere trap heat, leading
to a warming effect on the planet's surface.
Global warming refers to the long-term increase in Earth's average surface temperature, primarily due to
human activities such as burning fossil fuels and deforestation.
Ozone depletion refers to the thinning of the ozone layer in the Earth's stratosphere, primarily caused by
human-made chemicals like chlorofluorocarbons (CFCs) and halons.

Pollution
Meaning:
Pollution refers to the introduction of harmful or undesirable substances into the environment, causing
adverse effects on living organisms and ecosystems.
Kinds and Effects:
Pollution can occur in various forms, including air pollution, water pollution, soil pollution, noise pollution,
and light pollution.
The effects of pollution can be detrimental to human health, wildlife, and the environment, leading to
respiratory diseases, water contamination, soil degradation, loss of biodiversity, and climate change.

UNIT 2: Historical Perspectives

i) Indian Tradition: Dharma of Environment

 In Indian tradition, there is a deep-rooted philosophy emphasizing the intrinsic connection between
humans and the environment.
 The concept of Dharma, or duty, extends to environmental stewardship, emphasizing the
responsibility of individuals and communities towards nature.
 Ancient texts such as the Vedas, Upanishads, and Bhagavad Gita contain teachings on living in
harmony with nature and the importance of environmental conservation.
  Practices like tree worship, reverence for rivers, and protection of wildlife reflect the traditional ethos
of environmental respect and preservation.
ii) British Raj: Industrial Development and Exploitation of Nature
 The period of British colonial rule in India, known as the British Raj, witnessed significant industrial
development driven by colonial economic interests.
 British policies prioritized the extraction of natural resources, leading to extensive deforestation,
mining, and land degradation.
 Large-scale infrastructure projects such as railways and canals were undertaken without adequate
consideration for environmental consequences.
 Industries were established without proper regulations, resulting in pollution of air, water, and land.
 The exploitative approach towards nature during the British Raj laid the groundwork for many
environmental challenges India faces today.
iii) Nuisance: Common Law, Penal Code, and Procedural Codes
 Nuisance, in legal terms, refers to any activity or condition that interferes with the use or enjoyment
of property, endangers life or health, or offends the senses.
 Common Law principles and provisions in penal codes and procedural codes were used to address
environmental nuisances.
 Legal concepts such as negligence, strict liability, and absolute liability were applied to hold
individuals and corporations accountable for environmental harm.
 Courts adjudicated cases related to environmental pollution, imposing penalties and ordering
remedies to mitigate the adverse impacts of nuisances.
iv) Post-Independence Era - Environmental Policies after 1972
 The post-independence era in India witnessed a growing awareness of environmental issues,
culminating in significant policy initiatives after the Stockholm Conference in 1972.
 The establishment of the Ministry of Environment and Forests in 1980 marked a milestone in
environmental governance.
 Key environmental legislations were enacted, including the Water (Prevention and Control of
Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.
 The National Forest Policy of 1988 emphasized the conservation and sustainable management of
forest resources.
 The enactment of the Environment Protection Act 1986 provided a comprehensive framework for
environmental protection, including the establishment of pollution control boards and the regulation
of industrial activities.
 Post-independence India has witnessed a shift towards more sustainable development practices, with
greater emphasis on environmental conservation and ecological balance.

Unit-III: Constitutional Perspective

i) Fundamental Rights:
 Right to Life - Right to Clean and Healthy Environment:
 Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which
has been interpreted by courts to include the right to a clean and healthy environment.
 The judiciary has recognized that environmental pollution and degradation can infringe upon
the right to life, leading to landmark judgments advocating environmental protection.
 Right to Environmental Education:
 While not explicitly mentioned in the Constitution, the right to environmental education is
considered essential for promoting awareness, understanding, and action on environmental
issues.
  Environmental education empowers citizens to make informed decisions and participate in
environmental conservation efforts.
 Right to Information:
 Article 19(1)(a) provides citizens with the right to freedom of speech and expression, which
encompasses the right to seek information.
 The Right to Information Act, 2005, further facilitates access to information related to
environmental matters, promoting transparency and accountability in environmental
governance.
 Environment vs. Development - Application of Emerging Principles:
 Emerging principles like the Polluter Pays principle, Precautionary principle, Public Trust
Doctrine, and Sustainable Development are increasingly being applied to balance
environmental protection with developmental needs.
 The Polluter Pays principle holds polluters responsible for the environmental damage they
cause, encouraging the internalization of environmental costs.
 The Precautionary principle advocates for precautionary measures to be taken in the face of
uncertain risks, especially concerning environmental degradation.
 The Public Trust Doctrine establishes that certain natural resources are held in trust by the
government for the benefit of the public, imposing a duty on authorities to protect and
preserve these resources.
 Sustainable Development seeks to meet the needs of the present without compromising the
ability of future generations to meet their own needs, emphasizing the integration of
environmental, social, and economic considerations in decision-making.
ii) Directive Principles:
 The Directive Principles of State Policy, enshrined in Part IV of the Constitution, provide guidelines
for state policy-making and governance.
 While not legally enforceable, these principles are considered fundamental in the governance of the
country.
 Directive Principles relevant to environmental protection include provisions for:
 Protection and improvement of the environment (Article 48A).
 Conservation of natural resources (Article 48).
 Promotion of public health (Article 47).
 The judiciary has recognized the importance of Directive Principles in interpreting and shaping
environmental laws and policies, considering them as essential elements of the constitutional
scheme.
iii) Fundamental Duty:
 Article 51A of the Indian Constitution imposes certain fundamental duties on citizens to promote
harmony and the spirit of common brotherhood, among other values.
 The duty to protect and improve the natural environment (Article 51A(g)) emphasizes the role of
citizens in environmental conservation.
 While initially non-justiciable, the judiciary has increasingly recognized the significance of
fundamental duties in environmental jurisprudence.
 Courts have considered fundamental duties as complementary to fundamental rights, emphasizing
the reciprocal relationship between rights and duties in achieving environmental protection.
 Citizens are encouraged to fulfill their duty towards environmental protection through active
participation in conservation efforts, sustainable practices, and advocacy for environmental justice.
 Unit-IV: Water and Air Pollution: Acts

i) Meaning and Standards:

 Water and air pollution refer to the contamination of water bodies and the atmosphere by harmful
substances, resulting in adverse effects on human health and the environment.
 Various standards and guidelines are established to regulate the quality of water and air, ensuring
that they meet specific criteria for safety and environmental protection.
 These standards include permissible limits for various pollutants such as heavy metals, pesticides,
volatile organic compounds (VOCs), particulate matter, and other hazardous substances.
ii) Scope, Nature, and Legislative Framework of the Acts:
 Water Pollution Acts:
 The Water (Prevention and Control of Pollution) Act, 1974, is a legislation aimed at
preventing and controlling water pollution in India.
 It provides for the establishment of Central and State Pollution Control Boards responsible
for implementing pollution control measures and enforcing environmental standards.
 The Act empowers these boards to set wastewater discharge standards, regulate industrial
effluents, and monitor water quality in rivers, lakes, and other water bodies.
 Air Pollution Acts:
 The Air (Prevention and Control of Pollution) Act, 1981, is enacted to prevent and control air
pollution in India.
 Similar to the Water Act, it establishes Central and State Pollution Control Boards to regulate
emissions from industries, vehicles, and other sources of air pollution.
 The Act sets standards for ambient air quality, emission limits for pollutants, and guidelines
for monitoring and enforcement.
 Both Acts provide a legislative framework for the prevention, control, and abatement of pollution,
emphasizing the principle of sustainable development and the protection of public health and the
environment.
iii) Criminal Liability of Corporate Officials and Penalties:
 Corporate officials can be held criminally liable for violations of environmental laws if they are
found to be directly involved in or responsible for activities leading to pollution.
 Penalties for environmental offenses may include fines, imprisonment, or both, depending on the
severity of the violation and its impact on human health and the environment.
 The Water and Air Acts specify provisions for imposing penalties on individuals, companies, or
entities found guilty of polluting water bodies or emitting pollutants into the air.
 Corporate officials may be held accountable for negligence, non-compliance with regulatory
requirements, or failure to implement pollution control measures as per the provisions of the Acts.
iv) Judicial Approach:
 Courts play a crucial role in interpreting and enforcing environmental laws, including those related to
water and air pollution.
 Judicial decisions help clarify legal provisions, resolve disputes, and ensure compliance with
environmental regulations.
 Courts may issue directives, judgments, or orders to enforce pollution control measures, impose
penalties on violators, or provide remedies for affected parties.
 The judicial approach to water and air pollution cases often involves balancing environmental
protection with developmental needs, considering scientific evidence, expert opinions, and legal
principles to reach equitable outcomes.
 Landmark judgments have contributed to the evolution of environmental jurisprudence, setting
precedents for environmental governance and the protection of natural resources.
 Unit-V: Environment Protection Act 1986

i) Salient Features:
 Comprehensive legislation to prevent, control, and abate environmental pollution.
 Empowers central government to issue directives and standards for pollution control.
 Establishes regulatory bodies like CPCB and SPCBs for implementation.
 Facilitates environmental impact assessments for proposed projects.
 Encourages public participation in environmental decision-making.
ii) Protection Agencies: Power and Functions:
 Central Pollution Control Board (CPCB) coordinates national pollution control.
 State Pollution Control Boards (SPCBs) implement laws at the state level.
 CPCB and SPCBs monitor pollution, enforce compliance, and issue permits.
iii) Protection: Means and Sanctions:
 Regulatory measures include setting standards and guidelines.
 Enforcement through inspections, notices, and legal action.
 Pollution control methods mandated for industries.
 Penalties, fines, and imprisonment for non-compliance.
 Courts may issue injunctions to enforce laws.
iv) Judicial Approach:
 Courts interpret and enforce EPA provisions.
 Clarify legal ambiguities, resolve disputes, and ensure compliance.
 Balance environmental protection with developmental needs.
 Landmark judgments contribute to environmental jurisprudence.

Unit-VI: Emerging Protection through Delegated Legislation

i) Hazardous Waste:
 Delegated legislation addresses hazardous waste management through rules and regulations.
 Guidelines specify the handling, storage, transportation, treatment, and disposal of hazardous waste.
 Regulatory bodies monitor compliance and enforce penalties for violations.
ii) Bio-medical Waste:
 Rules and regulations govern the management of bio-medical waste.
 Guidelines outline segregation, collection, storage, transportation, treatment, and disposal methods.
 Compliance is monitored by regulatory agencies to prevent health and environmental risks.
iii) Genetic Engineering:
 Delegated legislation regulates genetic engineering activities.
 Guidelines set standards for research, development, and application of genetic modification
techniques.
 Oversight ensures ethical considerations, safety, and environmental impact assessments.
iv) Environment Impact Assessment (EIA):
 EIA regulations govern the assessment of potential environmental impacts of projects.
 Guidelines mandate the identification, prediction, assessment, and mitigation of environmental
consequences.
 Authorities review EIAs to approve or reject projects based on environmental considerations.

v) Coastal Zone Management:

 Delegated legislation addresses coastal zone management through rules and regulations.
  Guidelines aim to conserve and sustainably manage coastal resources and ecosystems.
 Regulatory bodies oversee development activities, enforce regulations, and protect coastal
biodiversity.

UNIT VI - Forest and Greenery Conservation Laws

a) Forest Conservation:
 Forest conservation laws aim to protect and preserve forest ecosystems and biodiversity.
 Regulations prohibit unauthorized deforestation, logging, and habitat destruction.
 Measures include afforestation, reforestation, and sustainable forest management practices.
b) Conservation Agencies:
 Conservation agencies, such as forest departments and wildlife authorities, enforce forest
conservation laws.
 They monitor forest activities, conduct surveys, and implement conservation projects.
 These agencies collaborate with local communities and NGOs to promote conservation efforts.
c) Prior Approval and Diversion for Non-Forest Purpose:
 Prior approval is required for diverting forest land for non-forest purposes like mining, infrastructure
development, or industrial projects.
 This ensures that environmental impact assessments are conducted, and mitigation measures are
implemented.
 Compensation and reforestation may be mandated to offset environmental damage.
d) Symbiotic Relationship and Tribal People:
 Forest conservation laws recognize the symbiotic relationship between forests and tribal
communities.
 Traditional forest-dwelling communities often rely on forests for their livelihoods, cultural practices,
and sustenance.
 Conservation efforts involve participatory approaches that respect indigenous knowledge and involve
tribal people in sustainable forest management.
e) Denudation of Forest: Judicial Approach:
 Judicial approach towards forest denudation involves strict enforcement of forest conservation laws.
 Courts intervene to prevent illegal deforestation, encroachment, and unsustainable exploitation of
forest resources.
 Legal actions may include fines, penalties, injunctions, and restoration of degraded forests.
 Judicial decisions emphasize the importance of balancing conservation with developmental needs
while upholding environmental principles and rights of forest-dependent communities.

ii) Wildlife Conservation Laws

a) Sanctuaries and National Parks:

 Sanctuaries and national parks are established to protect wildlife habitats and endangered species.
 Regulations govern human activities within these protected areas to minimize disturbances to
wildlife.
 Conservation efforts include habitat restoration, anti-poaching measures, and scientific research.
b) Licensing of Zoos and Parks:
 Zoos and wildlife parks require licenses to operate, ensuring compliance with animal welfare and
conservation standards.
 Licensing authorities set criteria for animal care, enclosures, and visitor safety.
 Zoos play a role in education, research, and species conservation through captive breeding programs.
c) State Monopoly in the Sale of Wildlife and Wildlife Articles:
 State monopolies regulate the sale of wildlife and wildlife products to prevent illegal trade and
poaching.
 Laws prohibit the trade of endangered species and products derived from them.
 Legal trade may be permitted under strict regulations to prevent exploitation and promote sustainable
use of wildlife resources.
d) Offences against Wildlife:
 Offences against wildlife include poaching, illegal hunting, trafficking of endangered species, and
habitat destruction.
 Penalties for wildlife offences may include fines, imprisonment, forfeiture of assets, and cancellation
of licenses.
 Conservation laws aim to deter illegal activities and protect vulnerable wildlife populations.
e) Judicial Approach:
 Courts play a crucial role in enforcing wildlife conservation laws and adjudicating wildlife-related
cases.
 Judicial approach involves strict enforcement of laws to combat wildlife crime and protect
biodiversity.
 Courts interpret and apply legal provisions to ensure justice for wildlife, deterrence of offenders, and
conservation of natural resources.
 Judicial decisions may set precedents, establish legal principles, and influence policy formulation for
wildlife conservation.

Unit-VIII: Biodiversity
i) Legal Control:
 Legal control over biodiversity aims to protect and conserve the variety of life forms on Earth.
 Laws and regulations govern the conservation, sustainable use, and equitable sharing of benefits
derived from biological resources.
 International agreements, national legislation, and local regulations contribute to biodiversity
conservation efforts.
ii) Control of Eco-unfriendly Experimentation on Animals, Plants, Seeds, and Microorganisms:
 Regulations are in place to govern experimentation on animals, plants, seeds, and microorganisms to
ensure ethical and environmentally responsible practices.
 Guidelines and protocols mandate humane treatment of animals and minimize harm to biodiversity.
 Environmental impact assessments may be required for experiments that could affect ecosystems or
genetic diversity.
 Licensing and oversight by regulatory authorities ensure compliance with legal and ethical standards
in scientific research and experimentation.

Unit-IX: Remedies

i) Constitutional Writ Jurisdiction under Art 32 and 226, PIL:

 Article 32 of the Indian Constitution: Provides individuals the right to move the Supreme Court
for the enforcement of fundamental rights.
 Article 226: Empowers High Courts to issue writs for the enforcement of fundamental rights as well
as for any other purpose.
 Public Interest Litigation (PIL): Allows any individual or organization to approach the courts on
behalf of those whose fundamental rights are affected or for the public interest.
 Remedies: Writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto are
 available to protect fundamental rights and enforce legal obligations.
ii) National Green Tribunal (NGT):
 Establishment: The NGT was established in 2010 under the National Green Tribunal Act to handle
cases related to environmental protection and conservation.
 Jurisdiction: The NGT has jurisdiction over matters concerning the enforcement of environmental
laws and the conservation of forests, wildlife, and water bodies.
 Powers: The NGT has the power to hear appeals against orders or decisions of environmental
authorities and issue orders for environmental compensation, remediation, and restoration.
 Composition: The Tribunal consists of judicial and expert members with expertise in environmental
matters.
 Remedies: The NGT provides an expedited forum for environmental disputes, offering effective
remedies for the protection and preservation of the environment.
iii) Remedies under Special Legislations:
 Various special legislations address specific environmental issues and provide remedies for
violations:
 Water (Prevention and Control of Pollution) Act, 1974
 Air (Prevention and Control of Pollution) Act, 1981
 Environment Protection Act, 1986
 Wildlife Protection Act, 1972
 Forest Conservation Act, 1980
 These laws establish regulatory bodies, prescribe standards, and specify penalties for non-
compliance.
 Remedies under special legislations include fines, penalties, injunctions, and orders for restoration or
compensation.
 Enforcement agencies monitor compliance and take legal action against offenders to ensure
environmental protection and conservation.

Unit-X: Global Aspects of Environmental Law

i) Stockholm Conference:
 The Stockholm Conference, held in 1972, was the first major UN conference on the environment.
 It laid the foundation for international environmental governance and raised awareness about global
environmental issues.
 The conference led to the establishment of the United Nations Environment Programme (UNEP) to
coordinate global environmental efforts.
ii) Rio Conference:
 The Rio Conference, also known as the Earth Summit, took place in Rio de Janeiro, Brazil, in 1992.
 It addressed various environmental challenges, including climate change, biodiversity loss, and
sustainable development.
 The conference resulted in landmark agreements such as the Rio Declaration on Environment and
Development and the Framework Convention on Climate Change (UNFCCC).
iii) Johannesburg Conference:
 The Johannesburg Conference, officially known as the World Summit on Sustainable Development,
was held in Johannesburg, South Africa, in 2002.
 It aimed to review progress since the Rio Conference and advance the implementation of sustainable
development goals.
 The conference focused on issues such as poverty alleviation, access to clean water, energy, and
 biodiversity conservation.
iv) UN Declaration on the Right to Development:
 The UN Declaration on the Right to Development, adopted in 1986, recognizes the right of
individuals and peoples to development.
 It emphasizes the need for equitable economic, social, and environmental development that respects
human rights and promotes sustainable development.
v) Wetlands:
 Wetlands are critical ecosystems that provide essential services such as water purification, flood
control, and habitat for biodiversity.
 The Ramsar Convention, adopted in 1971, is an international treaty for the conservation and
sustainable use of wetlands.
 The convention aims to protect wetland ecosystems and promote their wise use through international
cooperation and designation of Ramsar Sites.