Q.1.

Constitutional Provisions
for Environmental Protection in
India
Introduction
Starting from Preamble Supreme Court has time and again laid down that words”
Sovereign, Socialistic, Secular, Democratic Republic “gives us glimpse of concern
for society.

Since the word ‘Environment’ did not find its existence in the Indian Constitution,
it became essential to insert provisions in the constitution as it is the supreme law
of the land and such insertion thus, would prove to be fruitful to protect the
environment from exploitation.

Legislative powers and matters

of environmental protection
Under the Indian Constitution, there are three types of lists, namely-

Union, state and concurrent.

Central government deals with the matters of union list,

where state government deals with the matters of state list.

Thus, the exclusive power to legislate the matters of union list, which is the list I,
is with the Parliament.

State list which is the list II covers matters like, sanitation, the health of the
public, drainage, supply of clean water etc. It covers matters relating to defence,
military, atomic energy, regulation of oil fields, air traffic etc.
Power of dealing with the matters of the concurrent list (list III) is shared
between both the state and central government.

It covers matters like protection of forests, wildlife, conserving mines, population

control etc. But in the instance of conflict, the decision of the central government
prevails.

The legislative and administrative relations between the central and the state
government are specifically dealt in with the part XI of the Constitution

Obligation of State and Environmental

Protection
Article 47 puts an obligation on the state that it shall regard the raising level of
nutrition and standard of living of its people. Also, the primary duty of the state
shall be to improve public health.

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

In the year 1976, the constitution was amended. With this amendment, Article 48-
A was inserted in the constitution with the aim to afford better provisions so as to
preserve and protect the environment.

The provision of this article imposes the duty on the state to protect and improve
the environment and safeguard the forests and wildlife of the country.

The word “Environment” has been interpreted widely in this article. The state
shall not only play a role of being protectionists but also enact adequate measures
for improvement of the environment.

Obligation of citizens and environmental

protection
part IV–A was inserted by The Constitution (Forty Second) Amendment Act,1976.
Part IV-A of the constitution deals with Fundamental Duties. Article 51-A(g) to
protect and improve the natural environment which includes forests, rivers,
lakes, wildlife and to have compassion for living creatures.

In Kinkeri Devi v. State, Himachal High Court that in Article 48-A and Article 51-
A(g) both constitutional pointer to the state and the constitutional duty of the
citizens not only protect the environment but also improve it and to preserve and
safeguard the forests, the flora and the fauna, the rivers and the lakes and all other
water resources of the country.

In L.K Koolwal v. State of Rajasthan and Ors, the municipality of Jaipur was
being negligent in carrying on its basic duty of maintaining the hygiene of the
state. This caused acute sanitation problem thereby leading to the to have
hazardous effects on the lives of the people of the state. Mr Koolwal along with
other residents moved an application under article 226 of the Indian constitution
before the high court highlighting the gross negligence of the municipality.

Article 51-A in this case the court explained that this article is not only a duty but
is aright created in favour of the citizens to have the locus standing to move to the
court to have a check on the conduct of the state activities, whether the authorities
are performing their duties or not in accordance with the fundamental law of the
land.

Goa Foundation v. the State of Goa, the petitioner was a society registered under
the rules relating to registration of societies and its members were the citizens of
India who had a fundamental duty to protect and improve the environment, lakes,
forests, rivers and have compassion for living creatures as laid down under article
51-A .

Public interest litigation was filed before the high court by five persons, who were
residents of a specific area, in the case of Sitaram Champaran V. State of Bihar to
seek the directions of the court for the closure of the tyre retreading plant, in the
interest of public health. This plant was situated in the residential area and was
emitting carbon dioxide along with other obnoxious gases causing harm to the
environment. The respondents were directed to wind up the plant in the interest of
environmental protection and were considered a fundamental duty under Article
51-A.
Right to life and Environment Protection
Article 21 of the constitution provides for the fundamental right of life. It states
that no person shall be deprived of his right to life or personal liberty except in
accordance with procedures established by law

Article 21 has been evidently discussed in the case of Rural Litigation and
Entitlement Kendra, Dehradun v. State of Uttar Pradesh, where the petitioner
along with the other citizens wrote to the supreme court expressing their views
against the progressive mining which denuded the Mussoorie hills of trees and
forests and soil erosion. This lead to having an adverse effect on the environment
and resulted in landslides along with blockage of underground water channels

The registry was ordered by the Hon’ble supreme court to consider this letter as a
writ filed under article 32 of the Constitution.

In L.K Koolwal v. State of Rajasthan and Ors, Rajasthan High Court held that
maintaining the quality of the environment, sanitation and health is covered under
the purview of Article 21 of the Constitution. Because non-compliance to do so can
adversely affect the lives of many citizens and slow poisoning along with reducing
the life of a citizen.

In M.C Mehta v. Union of India, due to stone crushing activities in and around
Delhi was causing a huge problem of pollution in the environment. The court was
conscious of the inevitable consequences and the ecological problems caused due
to the industrial activities in the country.

the scope of article 21 was broadened by the judiciary to include under its purview
the right to livelihood as well. It includes the right of citizens to earn their
livelihood along with the right to life.

In the famous Taj Mahal Case, ample of industries near Taj Trapezium Zone were
using coke and coal as an industrial fuel. These industries were ordered to be
relocated to an alternative site as provided under Agra Master Plan. The rights and
duties of the workmen in the industries were also specified by the court following
the principle of sustainable development.
Right To Equality and Environmental
Protection
Equality before the law and equal protection of the law has been granted
under article 14 of the Constitution.

In Bangalore Medical Trust V. B.S Muddappa, an improvement scheme was

prepared by the City Improvement Board of Bangalore for the purpose of
extending the city. A low-level park was to be developed for which an area was
kept under this scheme. But under the direction of the chief minister the area kept
for the low-level park was to be converted into the civic amenity site where the
hospital was to be constructed.

Freedom of Speech and Expression and

Environment
Right of speech and expression is a fundamental right expressly mentioned
in article 19(1)(a) of Part III of the Constitution.

Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar

Pradesh where they have expressed the violation of their right to have a clean and
safe environment and a right to livelihood

In India, the media has been playing a crucial role in moulding the perception of
people in issues relating to the environment. Thus, Article 19(1)(a) is interpreted to
include the freedom of the press as well.

Freedom of Trade and Commerce and

Environmental Protection
All the citizens of India have a fundamental right to carry on any profession or
business, trade or commerce at any place within the territory of India under Article
19 (1)(g) of the Constitution.
Article 19(6) of the Constitution lays down the reasonable restriction to this
fundamental right to avoid the environmental hazards.

In M.C Mehta v. Union of India, 1994, it was directed by the Supreme Court that
the industries who did not comply or adhere to, with the prior direction of the
Hon’ble court regarding the installation of air pollution controlling system should
be closed. In this case, the supreme court laid down its greater emphasis on Article
19(6) of the Constitution.

In S. Jagannath v. Union of India , sea beaches and sea coasts were considered to
be the gifts of nature, by the Hon’ble supreme court and any such activity which
pollutes these natural resources or the gift of nature cannot be permitted to
function.

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

Role of the Supreme Court in environmental

protection
Polluter Pays Principle

Vellore Citizens Welfare Forum v. Union of India. In M.C Mehta v. Union of

India and Ors( Calcutta Tanneries Case), the polluter pays principle was applied
where industries were directed to be relocated and these industries were ordered to
pay 25% of the cost of the land.

Precautionary Principle

M.C Mehta v. Union, popularly known as Taj Mahal Case, was another judgement
of the court passed on the basis of the precautionary principle. In this case, public
interest litigation was filed alleging the degradation of Taj Mahal due to
environmental pollution. Court referred the case to the expert committee to seek
technical on the matter. On the basis of the report of the committee. This
monument is a monument of international repute. The industries located in the Taj
Trapezium Zone(TTZ) were using coke/coal as the industrial fuel, thus emitting
effluents.

The doctrine of Public trust

Conclusion
42nd Amendment to the Indian Constitution proved to be a solution for this
major health hazard. The provisions in the article begin with highlighting the
provisions from the base. Starting from the words democratic, socialist and
republic used in the Preamble to the Constitution and its connection with the
protection of the environment.

Q.2.Factors responsible foe environmemtal pollution

What is pollution?
Pollution is the contamination of a substrate when harmful and foreign
substances are added to it. This substrate can be air, water or soil. The
additive substances can be of any form –solid, liquid or gases.

1. Population explosion

2. Over Industrialisation

3. Unplanned Urbanisation

4. Coal burnt thermal power generation

5. Poverty

6. Deforestation and

7. An expansion in the use of efficient new technology with its

associated damands on space, food and natural resources.

3.Fundamental Principles of Environmental Law
Introduction

Public Trust doctrine than it originated 1500 years back at the time of Roman
Empire‘Sustainable development’ was developed by United Nations as the nature
was plundered at the unprecedented rate Polluter pays principle was brought into
force by Organization for economic co-operation and development in 1972
precautionary principle developed during the time of Stockholm Declaration.

SUSTAINABLE DEVELOPMENT

The term sustainable development was first time used in early 1970’s at the time of
Cocoyoc Declaration.

The concept of sustainable development later on came into being in 1987 when it
was defined first time by world commission on Environment and development
(Bruntland Commission) as “development that meets the needs of the present
without compromising the need of future generations to meet their own needs”

Rio Declaration of 1992 popularly known as Earth Summit, this was largest UN
conference to put the world at the path of Sustainable development.

The word ‘Sustainable’ means ‘can be continued’ and ‘lasting’. ‘Development’

needs to be understood with greater precision.

Sustainable development means long term stability of economy and environment.

The aim of sustainable development is to define viable schemes combining the

economic, social, and environmental aspects of human activity.

DEFINITIONS OF SUSTAINABLE DEVELOPMENT

Brundtland, defined Sustainable development as development “that meets the

needs of the present generation, without compromising the ability of future
generations to meet their own needs.” –Our Common Future 1987

UN definition: “The use of renewable and non-renewable resources in a manner

that meets the needs of the present without sacrificing the ability of future
generations to meet their own needs”
Sustainable development has three main parts:

1. Environmental Sustainability

2. Socio-Political Sustainability

3. Economic Sustainability

GOALS OF SUSTAINABLE DEVELOPMENT

The United Nations Department of Economic and Social Affairs, Sustainable

Development division gave 2030 agenda of Sustainable Development which are as
follows:

4. End Poverty in all forms everywhere.

5. End Hunger and achieve food security and improve sustainable agricultural

6. Ensure healthy lives and promote well beings of all ages.

7. Ensure inclusive and equitable quality education

8. Achieve gender equality

9. Ensure sustainable availability of sanitation facilities for all

10. Ensure affordable and sustainable modern energy for all

11. Ensure sustainable economic growth and employment and decent work for all
12. Sustainable industrialization and foster innovation

13. Reduce inequality within and among nations\

14. Make human settlements safe and sustainable

15. Sustainable Consumption and production patterns

16. Take urgent steps to combat climate change and its impact

17. Conserve and sustainable use of natural water bodies

PRECAUTIONARY PRINCIPLE
As the name suggests this principle of Environment law states take precaution
before causing damage to Mother Nature.

Precautionary Principle is basically a decision making principle.

Where there are credible threats of serious and irreversible damage to key
environmental resources than lack of scientific data should not become an
impediment in taking necessary steps to avoid that damage

It is “Conduct Guiding Norm” for governments and international community to

avoid any damage to the nature.

This principle talks about taking pre-emptive steps in a proactive manner. As it is

rightly said that ‘Precaution’ is always better than ‘cure’.

The Supreme Court of India in Vellore Citizens Welfare Forum v. Union of

India [AIR 1996 SC 2715] has declared that the precautionary principle is an
essential feature of sustainable development. The Supreme Court also supplied the
meaning to the Precautionary principle in the context of the Municipal Law.
According to which the precautionary principle means:

Environmental Measures – by the State Government and the statutory authorities –

must anticipate, prevent and attack the causes of environmental degradation.

The precautionary principle was directly applied by the Supreme Court in M.C.
Mehta v. Union of India [AIR 2003 SC 3469] from protecting the Taj Mahal from
air pollution.

Precaution has been at the heart of the Sustainable Environment.

Environment Assessment Report’. As per Principle 17 of the said Conference:

“Environmental impact assessment, as a national instrument, shall be undertaken
for proposed activities that are likely to have a significant adverse impact on the
environment and are subject to a decision of a competent national authority”.

POLLUTER PAYS PRINCIPLE

Plato the great Political thinker said: “If anyone intentionally spoils the water of
another ... let him not only pay damages, but purify the stream or cistern which
contains the water”.

Polluter Pays means that one who has caused damage to the environment must pay
for mitigating the damage done.

This Principle was first enunciated in Organization for economic co-operation and
development (OECD) in 1972

It is defined by OECD as “the polluter should bear the expanses of carrying out
measures decided by public authorities to ensure that the environment is in
acceptable state.

Rio Declaration of 1992 under Principle 16 defines polluter pays principle as: “
National authorities should endure to promote the internalization of environmental
costs and the use of economic instruments taking into account the approach that the
polluter should ,in principle , bear the cost of pollution

. Oleum Gas Leak Case (1987) 1 SCC 395. Supreme Court of India Held: "The
polluter pays principle demands that the financial costs of preventing or remedying
the damage caused by pollution should lie in the undertakings which cause the
pollution or produce the goods that cause the pollution"

Polluter pays principle is basically extension of absolute liability.

As in polluter pays principle like absolute principle makes the polluter liable even
if despite the reasonable care inherently dangerous activity took place and must
compensate those who suffered due to that.

Vellore Citizens Welfare Forum v. Union of India & Ors [AIR 1996 SC 2715],
it was held that “"The Polluter Pays" principle are essential features of
"Sustainable Development”.

In Kamal Nath [AIR 2000 SC 1997] case it was held that "It is thus settled by
this Court that one who pollutes the environment must pay to reverse the damage
caused by his acts".The Court said that polluter must pay to reverse the damage
caused by his act and imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span
motel as exemplary damages. The Supreme Court of India recognized Polluter
Pays Principle and Public Trust Doctrine.

Indian Council for Enviro - Legal Action v. Union of India [AIR 1996 SC
1446], the Court ruled that "Once the activity carried on is hazardous or inherently
dangerous, the person carrying on such activity is liable to make good the loss
caused to any other person by his activity irrespective of the fact whether he took
reasonable care while carrying on his activity. The rule is premised upon the very
nature of the activity carried on".

National Green Tribunal has given various judgments recently evoking the Polluter
pays principle. Latest among them is Art of Living case wherein tribunal has
imposed fine of Rs. 5 Crore on Art of Living Foundation evoking polluter pays
principle i.e the foundation must pay to mitigate the damage done by cultural event
organized by it .

National Green Tribunal imposed green tax on trucks entering Delhi.

INTERGENERATIONAL EQUITY
The concept is similar to sustainable development. It means that we inherit the
Earth, ecology and environment from previous generations and have an obligation
to pass it to future generations in a condition that they can also enjoy it as we are
enjoying it.

The principle of equity i.e. inter-generational and intra generational plays an

important part in environment related decision making.

Intergenerational equity is a concept that says that humans 'hold the natural and
cultural environment of the Earth in common both with other members of the
present generation and with other generations, past and future'

Rio Declaration on Environment and Development (1992) - Principle 3: “the right

to development must be fulfilled so as to equitably meet developmental and
environmental needs of present and future generations.”

“Rivers, forests, minerals and such other resources constitutes a Nation’s natural
wealth. These resources are not to be frittered away and exhausted by any one
generation. Every generation owes a duty to all succeeding generations to develop
and conserved the natural resources of the nation in the best possible way. It is in
the interest of mankind.

It is in the interest of the Nation opined the Supreme Court in the State of Tamil
Nadu v. Hind Stone [AIR 1981 SC 711]. The idea behind this doctrine is that
“every generation should leave water, air and soil resources as pure and unpolluted
as and when it came to earth. Each generation should leave undiminished all the
species of minerals it found existing on the earth”.

In Consumer Education and Research Society v. Union of India[(2002) 2 SC

599] the Court observed that if an attempt is made by the State Legislature and the
State Government to balance the need of the environment and the need of the
economic development it would not be proper to apply the “principle of
prohibition” in such a case. It would therefore be proper and safer to apply the
“principle of polluter pays” keeping in mind “principle of sustainable
development” and the principle of “inter-generation equity”.

PUBLIC TRUST DOCTRINE

This Doctrine was first codified during Roman Empire by legal scholars

This doctrine is followed by Courts time and again in various jurisdictions. In

India, Supreme Court in the case of “Centre for Public Interest Litigation v.
Union of India [AIR 2014 SC 49] W..P (C) no. 382 of 2014 , it was held that “the
state is the legal owner of the natural resources as a trustee of the people and
although it is empowered to distribute the sea; the process of distribution must be
guided by the constitutional principles including the doctrine of equality and larger
public good”.

Public Trust Doctrine holds that a certain natural resources such as water, air , land
and wild life etc. are held in trust by the government for the benefit of the people

Public Trust Doctrine State governments must manage and protect certain natural
resources for the sole benefit of their citizens, both current and future.
NO FAULT LIABLITY OR ABSOLUTE LIABILITY
This strict liability Doctrine was first enunciated in Ryland vs. Fletcher [(1868)
LR 3 HL 330] was developed under law on nuisance. As per this rule if a person
brings something on his land which if escapes and causes damage than the person
is liable to pay damages. The liability is irrespective of the fact that he did not
intend damage or not.

Bhopal Gas tragedy case Indian Supreme Court on the lines of strict liability
devised the doctrine of Absolute Liability.

The absolute liability means that no exception is provided to the offender. This
principle was first time laid down by Supreme Court of India in Bhopal Gas Leak
case. It was laid down by Justice Bhagwati that the rule of strict liability was
devised in the 19th Century at the time when industrial development was on the
primary stage, in today’s modern industrial society where hazardous or inherently
dangerous industries are necessary to carry out development Programme thus this
old rule cannot be held relevant in modern world.

the industries which are hazardous will be covered by absolute liability and

other industries will be considered under strict liability.

Strict liabilities have exception and

Absolute liability doesn’t have any exceptions.

It covers not only public negligence but also covers occupier and non-occupier of
land.

Oleum Gas Leak case of Delhi , it was held by the Supreme Court that where an
enterprise is engaged in a hazardous or inherently dangerous activity and harm
results to anyone on account of an accident in the operation of such hazardous or
inherently dangerous activity resulting,

The Supreme Court of India re-examined and reiterated the principle of absolute
liability in Indian Council for Enviro-Legal Action v. Union of India [AIR 1996
SC 1466]. This case is popularly known as ‘Sludges Case’. This case was filed
against the manufacturers of ‘H’ acid. The sludge discharged from manufacturers
of ‘H’ acid remained as lethal waste for a long time even after the manufacturers
stopped the production. It destroyed the whole village spreading disease, death and
disaster. In this case emphasis was laid on the absolute liability of the industries in
meeting the cost of remedial action as well as compensation for the loss and
suffering. The Court explained the principle of absolute liability as follows:
“According to this rule, once the activity carried on is hazardous or inherently
dangerous, the person carrying on such activity is liable to make good the loss
caused to any other person by his activity irrespective of the fact whether he took
reasonable care while carrying on his activity”. The Court held that the Industries
are absolutely responsible not only for the remedial action of safely disposing the
sludge, but also for the loss and suffering sustained by the villages, although the
quantum of damages could be determined by competent Civil Court.

The principle of absolute liability as laid down by Supreme Court of India has,
now to some extent, attained the Status of statutory liability. The public Liabilities
Insurance Act is one such law, which provides that there is no burden on the
claimant to plead and establish that the death, injury or damages in respect of claim
was due to a wrongful act, neglect or default of any person. In UP State
Electricity Board v. District Magistrate, Dehradun [AIR 1998 ALL 1] the issues
whether electricity is a hazardous substance and whether the Electricity Board is
liable to provide relief to victims of accidents were raised. The case was regarding
the claim for relief under the Public liability insurance Act made to the District
Magistrate in connection with the death of a person who came into contact with an
high tension electric wire which had been hanging at a low height of 10 feet.

Q.3. Nairobi Declaration on Human Environment, 1982

The United Nations convened a conference in Nairobi from May 10th to May
18th, 1982, to celebrate the 10th anniversary of the Stockholm Conference held in
1972. Some important declarations of the conference are as follows:

• The relevance and importance of the Stockholm Declaration were

reaffirmed.
 • Poverty and misuse of natural resources are two main reasons for the
deterioration of the environment.

• International cooperation and guidelines are paramount to individual

countries in framing their environmental policies.

• There is a need to initiate concrete measures to prevent damage to the

environment.

In addition to the above initiatives, there were various conventions held by the
United Nations for environmental protection, such as:

1. UN Convention on the Law of the Sea for regulation of use of seas, harbours
and marine resources

2. Vienna Convention on Ozone Layer Protection, 1985, to have systematic

research to understand the effect of ozone diffusion on environment &
economic changes.

3. Montreal Protocol on Substances That Deplete the Ozone Layer, 1987,

proved to be a legally binding treaty determined to protect the Ozone Layer
by taking precautionary measures by controlling total global emissions of
substances causing depletion of Ozone Layer.

4. The Brundtland Commission Report, 1987, the Commission presented its

report under the title “Our Common Future,” emphasising on the concept of
“sustainable development.” As per the Commission, “sustainable
development is the development which meets the needs of the present without
compromising with the ability of the future generations to meet their own
needs.”

However, out of all the conventions held globally, the Stockholm Conference and
the Brundtland Report laid the groundwork for the United Nations Conference on
Environment and Development (UNCED), also known as the Earth Summit or Rio
Summit, held in Rio de Janeiro, Brazil, in June 1992.
Q.5. Water (Prevention and
Control of Pollution) Act, 1974
Introduction

The Act came into force in 1974 and is applicable to the states of Assam, Bihar,
Madhya Pradesh, Gujrat, Haryana, Tripura, West Bengal, Jammu and Kashmir,
Rajasthan, Kerala, and the union territories.

The Water (Prevention and Control) Act, 1974 was introduced to prevent and
control water pollution and to restore and maintain the wholesomeness of water for
the establishment.

Definitions

Section 2 of the Act contain certain definitions:

1. “ Board “ means either the central board or the state board.

2. Section 2 (e) of the Act defines what is pollution, according to Section

2(e) pollution means any contamination of water or alteration of the
physical, chemical and biological properties of water

3. Includes- watercourse (flowing or dry), inland water whether natural or

artificial, subterranean water or sea or tidal waters as the state may
prescribe from time to time.

4. According to Section 2 (b) Central Board means Central Pollution

Control Board.

5. According to Section 2 (h) State Board means State Pollution Control

Board.

Agencies for controlling Water Pollution

There are two agencies set up as per the Act for controlling and preventing water
pollution
Central Board- Central Pollution Control Board
Constitution and Composition (Section 3)

The Central Government through a notice in the official gazette has the power to
assign or set up a Central Board named as Central Pollution Control Board

1. A chairman who has the knowledge or has practical experience in dealing

with cases relating to environmental protection. The chairman is to be
appointed by the central government only.

2. Not more than 5 officials to represent the central government.

3. Not more than 5 members to be nominated by the central government from

the members of the State Board.

4. Maximum 3 members appointed by the central government to represent the

interests of agriculture, fisheries, trade or any other interest as the
government may seem fit.

5. 2 persons to represent the companies or corporations owned, controlled or

by the central government.

6. A full-time member secretary having complete knowledge, experience and

qualification of scientific management and prevention of environmental
pollution.

Functions of Central Board (Section 16)

• Advise the Central Government on any matter concerning the prevention
and control of water pollution.
• Coordinate the activities of the State Boards and resolve disputes among
them.
• provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of water pollution
and prevention, control or abatement of water pollution.
• Plan and organize the training of persons engaged or to be engaged in for the
prevention, control or abatement of water pollution on such terms and
conditions as the Central Board may specify.
 • Organize through mass media a comprehensive program regarding the
prevention and control of water pollution.

State Board- State Pollution Control Board

Constitution and Composition (Section 4)

1. The state government through an official notice in the Gazette has the power
to assign or set up a state board named as State Pollution Control Board. The
composition of the state board is as follows:

1. A Chairman who either has the knowledge or some experience in dealing

with cases relating to environmental pollution.

2. Not more than 5 members appointed by the state government to represent

the government.

3. Not more than 2 persons by the state government who are functioning as
members of the local authorities within the state

4. Not more than 3 persons nominated by the state government to represent the
interest of fisheries, agriculture, trade and any other interest as the
government may seem fit.

5. 2 person from companies, corporations which are either controlled, owned

or managed by the state.

6. A member secretary who has the knowledge, qualifications, and experience

in dealing with cases pertaining to environmental pollution.

Functions of State Board (Section 17)

• To plan a comprehensive program for preventing and controlling the
pollution of the wells and streams in the state and to secure its execution.
• To advise the State Government on matters relating to prevention and
controlling water pollution.
• Collaborating with the central board to train persons employed or to be
employed in preventing, controlling water pollution.
 • To lay down, modify the effluent standards of sewage and trade effluents and
for the quality of receiving water resulting from the discharge of effluents
and to classify waters of the state.
• To evolve methods of utilizing the sewage and suitable trade effluents in
agriculture.
• The state Board has the authority to set up laboratories to enable the board to
perform its function efficiently, including collecting samples of water from
any stream or sewage or trade effluents.

Prevention and Control of Water Pollution

According to Section 19 of the Act, the state board has the power to limit the
territorial jurisdiction of any order passed by it in matters relating to prevention
and controlling water pollution

According to Section 20 of the Act, the state board also has the power to inspect
any land, conduct surveys or gauge in an area if it thinks fit for controlling or
preventing water pollution.

Section 21 of the Act empowers the state board or any employee on its behalf to
analyze any stream or well for the purpose of preventing and controlling water
purpose.

According to Section 25, no person is allowed to set up an industry or start a new

operation or processor to any treatment of sewage without prior approval of the
state board, the state board may grant him a notice of approval and only after that
he is entitled to continue or start a new business.

Section 27 of the Act gives power to the state board not to grant any notice for
setting up an industry or continuation of an existing operation.

Joint Board
An agreement may be entered into by the state government of one state with the
state government of another state to set up a joint Board

Composition of Joint Board (Section 14)

 1. A chairman who has the knowledge, experience, and qualifications in
matters relating to prevention and controlling environmental pollution.

2. 2 members from each state government nominated by their respective state

to represent the state.

3. A nonofficial appointed by each state to represent the interests of agriculture,

fisheries, trade or any other interest of the participating state.

4. 2 members from the companies, corporations nominated by the central

government which is owned, controlled or managed by the participating
state.

5. A full-time member secretary who has the required skills, experience and
qualifications in science, engineering or management aspect of controlling
and preventing pollution to be appointed by the central government.

Disqualification of Members (Section 6)

• A person who is judged insolvent or has not paid his debts or has
compounded with his creditors cannot become a member.
• A person of unsound mind or who has been convicted of such an offense
which according to the central government or state government may involve
moral turpitude.
• If a person is holding any office of profit or is a salaried employee of any
company, firm which is connected with the board in that situation also he
can be a member of any board.
• If a member has misused his powers by virtue of being a member or holding
any position in connection with the board, then the central government or for
that matter the state government may disqualify that member in the general
interest of the public.

Meetings of the Board (Section 8)

According to Section 8, in every three months the board has to conduct a meeting
and review all the laws and the orders implemented by it , apart from that it also
has to discuss the future plan of Action, if the chairman of the board thinks that an
urgent meeting is required to address a particular issue then in that case meeting
among the members of the board can be held at any time as prescribed by the
chairman.

Constitution of the committees (Section 9)

Section 9 permits the central or state board to constitute a committee of members
either from the existing members or totally new members who do not have any
connection with the company for the performance of the duties laid down in the
Act.

Provision of appeals (Section 28)

Any person who is aggrieved by the decision of the state board made under section
25 to section 227, has 30 days time to make an appeal in the concerned appellate
authority as established by the state government. The appellate authority may
consist of a single person or three people as the government may think fit.

Penalties
1. If any person fails to comply with the orders of the board under subsection 2
and 3 of Section 20 then in that case on conviction he is punishable for
imprisonment for 3 months or fine or both.

2. If the person fails to comply with orders of the board under clause e of
subsection 1 of Section 32 or with subsection 2 of Section 33 then, in that
case, the person would be punishable with imprisonment for 6 months
extending to 6 years or a fine or both.
Q.6.Air Prevention and Control
of Pollution Act, 1981
Introduction

According to the Lancet Study in 2019, air pollution was the cause of 1.6 million
deaths fatalities in India. In 2019, Delhi was ranked as one of the most polluted
major cities in the world. Accordingly, the Indian government enacted specific
laws under Article 253 of the Indian Constitution for the preservation of natural
resources, and the law enacted for air preservation was the Air (Prevention and
Control of Air Pollution) Act, 1981.

Scope of Air Prevention and Control of

Pollution Act, 1981
This Act applies to the whole of India as enumerated under Section 1(2) of the Act

Purpose of Air Prevention and Control of

Pollution Act, 1981
The Act has set rules for the establishment of the Air Quality Control Board as
per Section 3 and Section 4 of the Act.

The main function of the Board is to reduce and control the level of air pollution in
India as per Section 16 and Section 17 of the Act.

The government has the power to make rules as per Section 53 and Section 54 of
the Act whenever it is necessary.

Salient features of Air Prevention and

Control of Pollution Act, 1981
What is an ‘air pollutant’ and what is ‘air pollution’?
Section 2(a) defines ‘air pollutant’ as any solid, liquid or gaseous substance that
may be harming or injuring the environment, humans, other living creatures, plants
or even property.

Section 2(b) defines ‘air pollution’ as the presence of any air pollutant in the
atmosphere.

What Boards are set up under this Act?

• Section 2(f) classifies the boards to be set up under this Act under two
categories: Central and State Boards.

Section 2(g) defines ‘Central Board’ as being the same as the ‘Central Pollution
Control Board’ which has been constituted under Section 3 of the Water
(Prevention and Control of Pollution) Act, 1974,

Section 6 of the Act states that in the case of Union Territories, the Central Board
shall exercise the powers of a State Board under that Act

Section 2(o) defines ‘State Board’ as a board set up in those states where the Water
(Prevention and Control of Pollution) Act, 1974 is in effect and where the State
Governments have decided to set up these Boards.

Constitution of the boards under Air

Prevention and Control of Pollution Act,
1981
Section 3 and Section 4 of this Act state that the appropriate powers and functions
shall be given to the Central Board and the State Boards respectively
Constitution of Central Pollution Control Board
Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 explains
the constitution of the Central Pollution Control Board-

It shall have a full-time chairman with special knowledge

It shall have a full-time secretary,

It shall have not more than five officials nominated by the central government

It shall have two persons from the companies or corporations, owned, managed

Constitution of State Pollution Control Board

Section 5(2) of the Act explains the constitution of a State Board-

nominated by the state government who has special knowledge

Board shall further consist of not more than five officials, nominated by the
State

Not more than five people from the local authorities

Not more than three officials nominated by the State Government,

Members’ terms and conditions of services

under Air Prevention and Control of
Pollution Act, 1981
Section 7 of the Act states the terms and conditions of services of the members

excluding member-secretary, will hold up to 3 years of service

Members’ term will end if such nominated members under clause (b) or clause
(e) of Section 5(2) of the Act, hold relevant office in the state government,

• Re-nomination of the members is allowed.

Disqualifications of members
Section 8 of the Act, prescribed disqualifications for the members to contest as
a member of the State Board. According to Section 8(1) of the Act,

• A person has been declared bankrupt.

• A person has been declared unsound mind
If a person possesses a criminal record

• A person committed an offence under this Act.

No matter what is stated under Section 7(1) and Section 7(6) of the Act,
members will be removed from their services if they are found under any
disqualification grounds.

Board meetings, committees, and

temporary association under Air Prevention
and Control of Pollution Act, 1981

Board meetings
Section 10 of the Act prescribes the provisions for the board meetings.

Setting up of committees
As per Section 11 of the Act, the Board has the authority to create different
committees.

Temporary association of the person with the

Board
As per Section 12 of the Act, the Board has the flexibility to bring additional
individuals

Powers of the Boards

• Power to give directions: Section 18
• Power to declare air pollution areas: Section 19
• Power to give restrictions for ensuring standards for emissions
from automobiles: Section 20
• Restrictions on the use of certain industrial plants: Section 21
• Persons carrying on industry, etc., not to allow emission of air
pollutants in excess of the standard laid down by the State
Board: Section 22
• Furnishing of information to State Board and other agencies in
certain cases: Under Section 23,
• Power of entry and inspection: Under Section 24,
• Power to obtain information: In Section 25
• Power to take samples from air or emission and procedure to be
followed: Section 26(1)

Appeals under Air Prevention and Control of

Pollution Act, 1981
As per Section 31 of the Act, if any person is not satisfied with the decision or
order of the State Board under this legislation, they can opt for an
appeal. Section 31(1) of the Act, states that the appeal shall be made within
thirty days from the date of the order which is communicated to the aggrieved
person
Q. 7. Environment (Protection)
Act, 1986

Introduction
In wake of the Stockholm Conference held in 1972 that advocated
environmental protection at the international level and was one of the most
devastating incidents of all time,

the Bhopal Gas Tragedy of 1984 highlighted an urgent need for a

comprehensive law with respect to environmental protection, domestically, the
need for Environment (Protection) Act, 1986

It extends to the whole of India and aims to prevent, control, and abate
environmental pollution. Even though we had the Water Act, 1974, the Air Act,
1981, and the Indian Forest Policy, 1988, there was a pressing need for general
legislation with stringent penal provisions in order to safeguard the
environmental rights.

Background of the Environment Protection

Act
The concern for the environment in India is nothing new. From ancient times we
have believed in ‘Vasudhaiva Kutumbakam’, i.e. the entire world is one family.
Indians have believed that all the creatures on the Earth are a family, including
all the plants, animals, and microorganisms.

1. By the 42nd Amendment Act, Article 48A in order to “protect and

improve the environment, and to safeguard the forests and wildlife of
the country.”
2. Article 51A(g) declares that it is the fundamental duty of each and
every citizen of the country to “protect and improve the natural
 environment including the forests, lakes, rivers, and wildlife and to
have compassion for living creatures.”
3. Article 21, which guarantees the right to life and dignity, also
encompasses the right to live in a healthy and safe environment. In the
case of Subhash Kumar v. the State of Bihar, it was observed that the
right to get pollution-free water and air is a fundamental right under
Article 21.
4. Article 253 of the Indian Constitution empowers the Parliament to bring
any legislation to give effect to any international treaty, agreement,
convention, or decision taken at a conference. It was with the help of
Article 253 that the Indian Parliament enacted the Environment
(Protection) Act, 1986 to give effect to the decisions taken at the UN
Conference on the Human Environment held in Stockholm in 1972.

Need for the Environment Protection Act in

India
1. The first was the Stockholm Conference which highlighted
internationally, the impact human activities were having on the
environment. Development and the environment were at crossroads
with each other and the conference brought into focus the urgency of
their reconciliation for the benefit of humanity and the planet as a
whole.
2. The second was the Bhopal Gas Tragedy. It was about the leak of
Oleum gas from an industry that proved to be fatal for the people
around and the environment. This incident underlined the importance
of regulating the industries so that they do not get away easily from
the punishment of causing harm to the environment.
3. Also, the need was felt because India had some laws for protecting the
environment like the Air Act and Water Act but there was no
comprehensive law that connected them and coordinated their
activities and functions.

Why is Environment Protection Act called

an ‘Umbrella Act’
The Environment Protection Act is called an ‘Umbrella Act’ because of the
following reasons:
 1. It establishes the basic framework for planning and executing large-
scale strategies to protect and improve the overall environment, rather
than focusing on specific aspects.
2. It provides for coordination between the Central government, state
government, and authorities that are established under various other
legislation related to the environment.
3. It fills the lacuna created by several other distinct legislation like the
Water Act and Air Act. It connects them together and makes them
more effective.
4. It is broad and comprehensive legislation that covers the definitions,
powers, and responsibilities of the central government towards
the environment, and penal provisions as well.

The concept of Environment Impact

Assessment
Environment Impact Assessment has been defined by the International
Association for Impact Assessment as, “the process of identifying, predicting,
evaluating and mitigating the biophysical, social and other relevant effects of
development protocols prior to major decisions being taken commitments
made.”

Environment Protection Act in India

The concept of EIA reached India in 1976-77 with the Planning Commission
asking the Department of Science and Technology to assess the river valley
projects for their impact on the environment. Subsequently, it was expanded to
include other projects as well. They were subjected to the approval of the Public
Investment Board. But these were mainly administrative decisions and had no
statutory backing. But it got support with the coming of the Environment
Protection Act, 1986. After EPA came into force, a notification was issued under
the Act which made EIA compulsory for 30 specified activities. The responsibility
for giving a clearance has been given to the Ministry of Environment and Forest.
The Notification was revised in 2006.

Section 2 of Environment Protection Act

Section 2 of the Act defined various terms used in its provisions. These
definitions are as follows:
 1. Environment– Environment has been defined to include air, water,
and land, and the inter-relationship among and between air, water,
land and human beings, other living creatures, microorganisms, plants
and property.
2. Environment pollutant- A pollutant is any substance in a solid,
liquid, or gaseous state, which when present in a certain concentration
can be injurious to the environment.
3. Environment pollution– The presence of an environmental pollutant
in the environment is called environment pollution.
4. Handling– Handling, in respect of any substance, is deemed to imply
its “manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion, offering for sale
or its transfer.”
5. Hazardous substance– It refers to any substance or preparation
which can cause harm to humans, plants, other living creatures,
property, or the environment due to its chemical or physico-chemical
properties or handling.
6. Occupier- In respect of any factory or premises, it refers to the person
who is in control over the affairs of the factory or premises, and in
respect of any substance, it refers to the person who is in possession
of that substance.

Powers and functions of the Central

Government

Section 3- Powers of the Central Government to

take measures to protect and improve the
environment
Section 3 empowers the Central Government to take all such measures as it
deems necessary or expedient to protect and improve the quality of the
environment, and to prevent, control, and abate environmental pollution. Some
of these measures include:

1. To coordinate actions among state governments, officers, and other

authorities.
2. To plan and execute nationwide programs.
 3. To lay down standards for the quality of different aspects of the
environment.
4. To lay down the standards for emission or discharge of pollutants.
5. To restrict the operation of certain industries, processes, or operations
in specific areas.
6. To lay down procedures and safeguards for the prevention of pollution-
causing accidents and take remedial measures.
7. To lay down procedures and safeguards for the handling of hazardous
substances.
8. To examine the manufacturing processes, materials, and substances
that are capable of causing pollution.
9. To carry out and sponsor investigations and research on the issues
related to pollution.
10. To inspect the premises, plant, equipment, machinery,
manufacturing, or other processes, materials, or substances.
11. To establish or recognise environmental laboratories and institutes.
12. To collect and disseminate information on pollution matters.
13. To prepare codes, manuals, or guides related to the prevention,
control, and abatement of environmental pollution.
14. Such other matters as the government deem necessary or
expedient.

Section 4- Power to appoint officers

Section 4 authorizes the Central Government to appoint officers with such
designations, powers, and functions as it thinks fit. The officers appointed shall
be under the control and direction of the government or any authority
empowered by it.

Section 5- Power to give directions

As per Section 5, the Central Government has got the power to issue directions
in writing to any person, officer, or any authority, which shall be binding on
such person, officer, or authority.

These directions could be related to matters as follows:

 1. To close, prohibit, or regulate any industry, operation, or process; or
2. To stop or regulate the supply of electricity, water, or any other
service.

Section 6- Power to lay down rules to

regulate environmental pollution
The Central Government has also been authorised to frame rules on the matters
mentioned in Section 3 of this Act. Some of these matters include:

1. The standards of quality of air, water, or soil.

2. The maximum allowable limits of environmental pollutants (including
noise).
3. The procedures and safeguards for the handling of hazardous
substances.
4. The prohibition and restrictions on the handling of hazardous
substances.
5. The prohibition and restrictions on the location of industries,
operations, and processes.
6. The procedures and safeguards for the prevention of accidents likely to
cause pollution and provide for remedial measures for such accidents.

Section 10- Power of entry and inspection

Under this Section, any person authorised by the Central Government has the
right to enter any place, at reasonable times with some assistance for the
following purposes:

1. To perform any function entrusted by the Government,

2. To determine whether and how such functions are to be performed, or
whether the provisions of this Act, rules made under any notice, order,
direction, or authorisation granted has been complied with,
3. To examine and test any equipment, industrial plant, record, register,
document, or any other material object.
4. To conduct a search in my building where there is reason to believe
that an offence under the Act has been committed.
 5. To seize any such equipment, industrial plant, record, register,
document, or other material objects if there is reason to believe that it
would serve as evidence for the offence committed or that the seizure
is necessary to mitigate the pollution.
Also, any person carrying on such industry, process, or operation which involves
handling of hazardous substances must render all the assistance required to the
person empowered by the Central Government for inspection. Failure to provide
the assistance without any reasonable cause, or wilfully delays or obstructs that
person shall be guilty of an offence under this Act. Also, for such search and
seizure, provisions of the Code of Criminal Procedure, 1973 or any
corresponding law in force shall be applicable.

Section 11- Power to take sample and procedure to

be followed
Section 11 empowers the State Government or any officer authorised by it to
take the samples of air, water, soil, or other substances from the premises of
any factory.

The procedure prescribed for sample taking is as follows:

1. The person taking the sample must serve a notice of his intention to
take the sample to the person in charge of the place.
2. The sample must be taken in the presence of the person in charge or
his agent.
3. The sample must be placed in a container or containers, which shall be
marked and sealed. Thereafter, it shall be signed by both the person
taking the sample and the person in charge or his agent.
4. The container then must be sent to the laboratory established under
Section 12.
5. In case the person in charge or his agent wilfully absents himself or
refuses to sign the containers, the containers must be sealed, marked,
and signed by the person taking the sample and must be sent to the
laboratory. The government analyst must be informed in writing about
the wilful absence or refusal to sign.
Any analysis taken without following the procedure prescribed would not be
admissible as valid evidence in any legal proceedings.
Section 20- Power to ask for information, reports,
or returns
For the purpose of performing its functions under the Act, the Central
Government has the power to ask for any reports, returns, statistics, accounts,
and other information from any person, officer, state government, or any
authority, which shall be bound to do so.

Section 23- Power to delegate

The Central Government is also authorised to delegate its powers under the Act,
except the power to appoint authorities under Section 3(3) and to make rules
under Section 25, to any officer, state government, or other authority.
However, such delegation shall be subject to the requisite limitations and
conditions, as may be specified in the notification in the Official Gazette.

Section 25- Power to make rules

To carry out the purposes of this Act, the central government may frame rules
on the following matters:

1. The standards of environmental pollutants, beyond which the emission

or discharge is prohibited under Section 7;
2. The procedure and safeguards for the handling of hazardous
substances under Section 8;
3. The authority which is to be intimated about the occurrence or
apprehension of occurrence of discharge of any pollutants in excess of
the prescribed standards;
4. The manner in which samples of air, water, soil, or any other
substance are to be taken under Section 11(1);
5. The form in which the notice of intention to take a sample for analysis
is to be served under Section 11(3) (a).
6. The functions, procedures, and fees payable to environmental
laboratories;
7. The qualifications of the Government Analyst appointed under Section
13;
 8. The manner in which the notice of offence and the intention to make a
complaint is to be given under Section 19(b);
9. The authority or officer who is required to submit the reports,
information, or returns to the Central Government under Section 20;
10. Any other matter of concern, as may be prescribed.

Prevention, control, and abatement of

environmental pollution

Section 7- Emission or discharge of environmental

pollutants in excess of the standards
According to Section 7, it is prohibited for any person to discharge or emit any
environmental pollutant in excess of the prescribed standards from any
industry, operation, or process.

Section 8- Handling of hazardous substances

Section 8 lays down that all the persons handling any hazardous substances
shall do so by complying with all the procedures and safeguards as may be
prescribed.

Sample analysis

Section 12- Environmental laboratories

The Central Government is empowered to establish one or more environmental
laboratories, or recognise any laboratory as an environmental laboratory to
carry out the functions assigned under this Act. Rules regarding the functions,
procedures, and other matters related to the environmental laboratory are to be
framed by the Central Government by Notification in the Official Gazette.
Penal provisions under the Environment
Protection Act

Section 15- General offences

Section 15 prescribes the penalty for general offences committed under this Act.
if any person fails to comply with or contravenes any provisions of this Act, or
rules made or orders or directions issued, he would be punishable with
imprisonment for a term which may extend to five years or with a fine up to Rs.
1 Lakh, or with both. If the failure or contravention continues, then an
additional fine which may extend to Rs. 5000 may be laid for every day the
failure or contravention continues. And if this failure or contravention extends
beyond one year after the date of convection, then the imprisonment can
extend upto seven years.

Section 16- Offences by companies

For an offence committed by a company, Section 16 holds responsible the
person who at the time the offence was committed was in charge of and
responsible for the conduct of the company as well as the company. However, if
it proved that any such person was liable exercised due diligence or that the
offence was committed without his knowledge. Also, if it is proved that the
offence was committed with the consent, connivance, or negligence of any
director, manager, secretary, or another officer, then such person shall be liable
to be proceeded against.

It is also specified that ‘company’ includes any body corporate, a firm, or any
other association of individuals. The word ‘director’ also means ‘partner’ in
relation to a firm.

Section 17- Offences by government departments

Section 17 lays down that for an offence committed by a government
department, the Head of the Department shall be held responsible unless he
proves that the offence was committed without his knowledge or that due
diligence was exercised. However, if it is proved that the offence has been
committed with the consent, connivance, or neglect of any officer other than the
Head of the Department, then that officer shall be proceeded against and
punished accordingly.

Other important provisions under the

Environment Protection Act

Section 5A- Appeal to National Green Tribunal

Section 5A provides for the provision to appeal against an order or decision of
the Appellate Authority under Section 31, by the aggrieved person. As per the
Section, the appeal can be filed to the National Green Tribunal established
under Section 3 of the National Green Tribunal Act, 2010.

Section 22- Bar of jurisdiction

Section 22 takes away the jurisdiction of civil courts from entertaining any suit
or proceeding related to anything done or direction issued by the central
government or an officer or authority in order to discharge the functions
assigned by this Act.

Benefits of the Environment Protection Act

The following are some of the benefits of having the Act:

1. Protection of public health– It seeks to prevent, control and abate

environment pollution so as to keep the environment clean and safe.
This ensures that we get a healthy environment to live in, free from all
sorts of pollutants harmful to our health. Thus, the Act aims to protect
public health.
2. Promotes sustainable development– It seeks to prevent the
exploitation of natural resources and preserve them for future
generations.
3. Positively empowers the central government to take concrete
steps to protect the environment– The Central Government has
been given immense powers to not only appoint authorities to carry
out various functions but also to take all the possible measures to
further the objectives of the Act.
 4. Strict penal provisions– The Act contains penal provisions for the
breach of its provisions. It also lays down the liability of companies and
government departments for polluting the environment.
5. Protecting ecological integrity– By providing for penal provisions
and laying down various guidelines for the Central Government to take
active steps for environment protection, the Act aims at preserving the
ecological integrity by maintaining it in its unpolluted and natural
form.

Drawbacks of the Environment Protection

Act
Despite many effective provisions that the Act contains to protect the
environment, it is not free from some limitations and drawbacks that dilute its
effectiveness. Some of them are the following:

1. Too general in nature– The Act is a comprehensive legislation that

tries to cover all the aspects of the environment but it does so only
superficially. It covers only the broad aspects and leaves out the
details.
2. Conflicting jurisdiction– Section 24 talks about the overriding effect
of this Act. It mentions that if an offence is punishable by both this Act
and some other legislation, then the offender is to be punished under
the other law and not this. This provision lessens the effectiveness of
this Act as an offender can easily flout the rules and protect himself
from the penalty, prescribed under this Act.
3. Flexible penalty– The penal provisions prescribed under the Act are
not adequately stringent and deterrent. In most of the provisions,
there is no minimum penalty provided. Also, the offenders have been
provided with a room to escape liability by proving things like the
offence was committed without knowledge or that due diligence was
exercised.
4. Weak citizens’ suit provision- Common citizens are not allowed to
file a suit against the environmental offenders unless 60 days prior
notice is given. Those 60 days could be easily utilised by the offender
to wipe out the evidence of his fault. Only the central government or
its authorised officers or authorities can file a complaint under this Act.
it is important that citizens are given the right to file complaints in
cases where they see the environment is being harmed.
5. Lack of coverage of certain specific aspects of environmental
damage– The ambit of environment pollution has widened with the
 march of time and technological advancements. But the definitions
under the Act have not kept up with the pace. Specifically, the
definition of ‘pollutant’ covers only the particulate aspects. Nowadays,
pollution caused by noise and radiation would fall out of this definition.
It fails to cover soil erosion, effects of flood and drought, and other
important aspects related to environmental degradation.

Important case laws regarding the

Environment Protection Act

Vellore Citizens’ Welfare Forum v. Union of India

(1996)

Facts
River Palar is a river in the State of Tamil Nadu, which is also one of the main
sources of drinking and bathing water for the surrounding people. The petition
was filed against excessive pollution caused by tanneries and other industries in
the State. The Tamil Nadu Agricultural University Research Centre also revealed
that a significant portion of agricultural land had turned either partially or
completely unsuitable for cultivation.

Issue
Should the tanneries and industries be allowed to operate at the expense of
damage to the surrounding environment?

Held
The Court highlighted that the main purpose of the Environment Protection Act
is to create an authority under Section 3(3) with all the necessary powers and
functions to protect and improve the environment. However, it was
disappointing that not enough authorities were appointed for the same. Thus, it
directed the Central Government to appoint an authority within one month and
confer on it all the adequate powers required to deal with the situation created
by tanneries and other polluting industries in Tamil Nadu. It also directed the
authority to implement the ‘precautionary principle’ and ‘polluter pays principle’.
A fund called ‘Environment Protection Fund’ was also to be constituted. The
compensation received was to be employed for reversing the damage done to
the environment and to the victims of the damage.

q.8. Write a note on noise pollution

Meaning
Noise pollution simply means when there is a lot of noise in the environment
which is consequentially harming the environment then it can be termed as noise
pollution.

Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981 states that
noise is actually a part of air pollutant.

Noise can be defined as unwanted or undesired sound. Noise is non-harmonious

and but even music played loudly can also become noise.

Measurement of noise
The system of the physical unit or the SI unit for measurement of noise is decibel
(dB). So to get a clear reference on the decibel scale we can look into a few
examples:

20 to 25 dB is a whisper, 30 dB is noise at a quiet home, 60 dB is a normal

conversation and 80 dB is the level of noise where it becomes physically
uncomfortable for people.

Sources of noise pollution

Noise pollution is generally a by-product of action. Noise pollution is a
consequential event so noise pollution definitely has a source and we will be
looking further into the sources of noise pollution.
Traffic Noise- Except for the new generations of electric cars and bikes almost
all the vehicles release a high amount of noise. A normal car releases around
85 dB of noise and a bike releases around 90 dB of noise.

Air-Craft Noise- Passenger planes, cargo planes, low flying military aircraft all
of them combine together to cause more noise pollution. Initially, passenger
planes were out of the picture but with new airports building near housing
societies, the passenger planes are causing more problems than ever.

Noise due to commercial and industrial activities- Globalisation and

Modernisation of India has led to an emphatic increase in a number of large
industries and low-level industries. Most of the industries require heavy
machinery to work and function. Even though industries do not affect
communities that much but the noise pollution.

Noise from social gathering or event- Parties, religious ceremonies, clubs etc
they all fall under the category of social gathering or event. Even such social
gatherings also create quite a nuisance and cause a considerable amount of noise
pollution.

Household noise- The scope of noises from household sources are too large but
some typical examples would be barking of pet dogs, playing loud music at your
house, usage of various kitchen appliances and more. Even such actions cause
noise pollution in the environment.

Harmful effects of noise pollution

1. Lack of concentration-.
2. Blood pressure-.
3. Abortion-.
4. Deafness-
5. Effects on plants and crops-.

Effects on animals-
Statutory provisions related to noise
pollution in India

1. Constitution of India
Article 21 of the Indian Constitution grants the right to life to the citizens of India.
Through various Supreme Court pronouncements, it has been made clear that
the right to life doesn’t just mean mere existence or survival of a person. The
scope of Article 21 is large and it is stated that it ensures a person to live with
dignity or right to a better life.

2. The Code of Criminal Procedure

Section 133 of The Code of Criminal Procedure empowers an executive
magistrate, district magistrate or sub-divisional magistrate to conditionally
remove something that is causing a nuisance.

So this provision can be used or utilised in case of nuisance caused by noise. So

if the executive magistrate, district magistrate or sub-divisional magistrate
receives a report from a police officer or from some other source that loud noises
are causing unlawful obstruction or nuisance and the source of such loud noises
must be removed from public places which are lawfully used by the public then
the executive magistrate, district magistrate or sub-divisional magistrate within
a fixed time can order removal of such nuisance. If the executive magistrate,
district magistrate or sub-divisional magistrate doesn’t take the required action
then, in that case, this section can be called into question in a Civil Court.

3. Indian Penal Code

Chapter 14 of the Indian Penal Code deals with certain offences. Such offences
are any action that affects public health or safety. Section 268, Section 287,
Section 288, Section 290, Section 291 and Section 294 deals with noise pollution.

Section 268 talks about public nuisance and any person who is guilty of any public
nuisance if that person commits an act which can cause injury to any person,
which may irritate the general public or which can cause any general obstruction.
So causing noise pollution also comes under the provisions of Section 268.
Section 287 talks about irresponsible use of any machinery. Any person who
irresponsibly handles any machinery which later causes injury or harm to
someone. So if someone is causing noise pollution with a machine then, in that
case, that person may attract imprisonment up to 6 months or a fine of Rs. 1000.

Section 288 states that when a building is under the process of construction or
repairmen then in that case if a person negligently causes injury to someone then
that person is liable for imprisonment for a term of 6 months along with a fine of
Rs. 1000.

Now during construction or repair of buildings, there is significant noise pollution.

So such noise pollution can easily result in harming an individual or the general
public and if something like that happens then the offender is punished under
Section 288 of the Indian Penal Code.

Section 290 talks about any other form of public nuisance which has not been
mentioned under the Indian Penal Code. So basically if there is any noise related
incident which has not been mentioned under the code and such noise related
incident is causing some form of a public nuisance then, in that case, the offender
is served a fine of Rs. 200.

Section 291 states that if a person still continues causing public nuisance even
when the person has been served injunction by a Court of law and such injunction
is already ordering the person to not repeat such acts then in that case the person
is punished with imprisonment of 6 months or he can be fined.

Section 294 talks about indecent songs and it further state if a person plays or
recite or sing such indecent songs then in that he is causing a nuisance. Such an
offender is jailed for a term of 3 months with fine or both.

4. Law of Torts
Noise pollution can be included under the offence of nuisance under the law of
torts. Any person who is facing an issue due to such noise pollution can file a civil
suit to claim damages. As long as there is interference in the use of land by the
person due to the noise pollution and the person can prove such damages then
in that case the person can file a suit related to such noise pollution.

5. Motor Vehicle Act

The Motor Vehicle Act lays down guidelines and related to the use of horns in
vehicles. Horns that are too loud and causes nuisance are not allowed to be used
under this Act.

6.Noise Pollution Control Rule, 2000 under The

Environment Protection Act, 1996
The Noise Pollution Control Rule was amended in the year 2000 by the Indian
Government to tackle and restrain noise pollution and it was made a part of The
Environment Protection Act, 1996.

Under this rule, the government categorised territories as industrial, commercial

and residential areas and the noise standard for such categorised territories were
specified under this rule. This rule also stated that within the area of 100 meters
of any hospital, schools, universities and court premises must be declared as
silence zone and minimal noise shall be made in the 100 meters range.

The noise standard for day time in industrial areas is 75 dB, commercial areas
are 65 dB, residential areas is 55 dB and for silence zone is 50 dB. The noise
standard for night time in industrial areas is 70 dB, commercial areas are 55 dB,
residential areas is 45 dB and for silence zone is 40 dB.

Also, this rule states that any loudspeaker can only be used after it has been
permitted by the authority and such loudspeaker cannot be used from 10 p.m. to
6 a.m. and any person violating these rules becomes an offender and such an
offender is liable for punishment and fine.

This rule is implemented across the territory of India.

Case laws related to noise pollution in India

Moulana Mufti Syed vs State of West Bengal and

ORS. 1998
In this case, there were certain restrictions imposed in the State of West Bengal
regarding the use of microphones. The restriction was that microphones cannot
be used from 9 p.m. to 7 a.m. and only public authorities can use microphones
in that time period.

The petitioners filed a writ application. The petitioners stated that azaan is part
of their religion and such restrictions are violating their Article 25 which allows
freedom of religion.

The court disposed of their petition and it stated that other people cannot be
forced to listen to such azaan and the following restriction is not violating their
Article 25 by any means and the police under the state of West Bengal were
directed to confiscate any microphone used before 7 a.m.

Bihar Control of the Use and Play of Loudspeakers

Act, 1955
Section 3 of the Act provides for the restriction in the use of loudspeakers. It
prohibits the use of loudspeakers within a distance that may be prescribed from
any hospital or any educational institution. Section 6 provides that adequate
action could be taken against such acts if the complaint is made by the
aggrieved person or on the written report made by the police officer.

Religion vs. noise pollution

The recent controversy

The controversy relating to a conflict of interests between religion and
regulations prohibiting noise pollution sparked with the recent order of the
Madhya Pradesh government. They have announced a ban on the use of
loudspeakers and DJs at Indore’s famous Ranjeet Hanuman temple from 10 pm
to 6 am. This invited allegations on the decision by various religious
organizations. They have alleged that the state government has banned the use
of loudspeakers in only Hindu temples and hence the decision is arbitrary. They
also contended that the decision was against their freedom of religion enshrined
in the article of the constitution. The sub-divisional magistrate in his defense
said that they were merely working on the orders of the Supreme Court in
furtherance of the complaint made by people who were experiencing
disturbance over the use of loudspeakers in the temple.
Q.9. Disaster Management Act,
2005
Introduction
Most common of which are floods, tsunamis, cyclones, earthquakes, droughts,
etc. According to a UNICEF Report, with 27 out of 29 states and union territories
exposed to recurrent natural hazards,

The Disaster Management Act, 2005 was enacted on 23rd December 2005 to
handle such disasters in an effective and organised way. It is headed by the
Prime Minister and the Ministry of Home Affairs is the nodal ministry responsible
for it. This Act applies to the whole of India. It contains 11 Chapters and 79
Sections.

Disaster and disaster management in India

According to Section 2(d) of the Disaster Management Act, “disaster means-

• a catastrophe, mishap, calamity or grave occurrence in any area,

• arising from natural or manmade causes, or by accident or negligence,
• which results in substantial loss of life or human suffering or damage
to, and destruction of, property, or damage to, or degradation of,
environment, and
• is of such a nature or magnitude as to be beyond the coping capacity
of the community of the affected area.”
•
Disaster Management, under Section 2(e) of the Disaster Management
Act means “a process of planning, organising, coordinating, and implementing
measures” necessary for –

1. Prevention,
2. Mitigation or reduction of its risk,
3. Capacity-building,
 4. Preparedness to deal with the disaster,
5. Quick response to any threatening disaster,
6. Accessing its severity and the magnitude of its effects,
7. Rescue and relief,
8. Rehabilitation.

Objectives of the Disaster Management Act,

2005
in case of natural and man-made disasters. For this objective, this Act
empowers the Central Government and the state government to establish
various authorities at each level to look for such management in the case of
disaster. It includes mitigation strategies, capacity-building, relief measures,
etc.

Important provisions under the Disaster

Management Act, 2005
This Act establishes various authorities and bodies for the effective
management of disasters at all three levels- national, state, and district. It also
provides the ‘plan’ for each level.

National level

National Disaster Management Authority (NDMA)

Section 3 of the Act authorises the establishment of the National Disaster
Management Authority. It shall consist of the following members-

1. The Prime Minister of India as a Chairperson of the National Authority,

and
2. Other members not exceeding nine, are to be nominated by the
Chairperson.
 3. One of these nine members nominated the Chairperson to be
designated as Vice-Chairperson of the National Authority.

Section 6 of the Act provides the powers and functions of the National Disaster
Management Authority, which are as follows –

1. Making the policies on disaster management,

2. Approving the National Plan,
3. Approving plans by other ministries and departments,
4. Laying down guidelines for State Authority, ministries and
departments,
5. Coordinating enforcement and implementation of a plan for disaster
management,
6. To recommend funds for mitigation,
7. To provide support to other countries affected by such disasters,
8. To take other measures for prevention, mitigation, preparedness and
capacity building for dealing with such disasters,
9. Making guidelines for the functioning of the National Institute of
Disaster Management.

Advisory committee
Under Section 7 of the Act, the National Authority may constitute Advisory
Committee to advise or make recommendations on various aspects of disaster
management, which may consist of-

1. Experts in disaster management, and

2. Persons having practical experience in disaster management at any
level- national, state or district.

National executive committee

Section 8 provides for the constitution of the National Executive Committee by
the Central Government to assist the National Authority in discharging its
functions. Additionally, the National Executive Committee may constitute one or
more sub-communities to discharge its functions smoothly.
The National Executive Committee may consist of the following members-

1. The Secretary to the Government of India in the Ministry or

department of Central Government, having control over the disaster
management as an ex-officio Chairperson,
2. The Secretaries to the Government of India in the Ministries or
departments of atomic energy, agriculture, defence, drinking water
supply, finance, health, power, rural development, environment and
forest, science and technology, space, telecommunication, urban
development, water resources and the Chief of the Integrated Defence
Staff of the Chiefs of Staff Committee, as ex officio members,
3. Any other officer of the Central or State Government may be invited by
the Chairperson.
Section 10 specifies the powers and functions of the National Executive
Committee like-

1. To act as a coordinating and monitoring body for disaster

management,
2. Preparing the National Plan to be approved by the National Authority,
3. Monitoring the implementation of the National Policy,
4. Making guidelines for plans,
5. Providing technical assistance to State Governments and authorities for
carrying out their functions,
6. Monitoring the implementation of the National Plan and the plans
prepared by other departments and ministries of Central government,
7. Evaluating the preparedness of government at all levels,
8. To organise a specialised training programme for disaster
management,
9. To require the Government to provide such men and material
resources in case of emergency response, rescue and relief, to the
National Authority,
10. To advise, assist and coordinate activities of the concerned
authorities, NGOs and others engaged in disaster management,
11. To promote general education and awareness about disaster
management, etc,
12. To perform such other functions as the National Authority may
require it to perform.
National plan
Under Section 11 of the Act, National Executive Committee shall prepare the
‘National Plan’ which should be reviewed and updated manually, and which shall
include-

1. Measures for prevention of disasters,

2. Measures for integration of mitigation measures in the plans,
3. Measures for preparedness and capacity-building to fight disaster
situations, and
4. Duties and responsibilities of ministries and departments of the
Government of India.

National Institute of Disaster Management (NIDM)

Under Section 42 of the Act, the Central Government shall constitute this
institute and prescribe its members, terms of office and vacancies.

The main functions of this institute are as follows-

1. Develop training modules and undertake research and documentation,

2. Formulate and implement a comprehensive development plan,
3. Assist in the formulation of national policies,
4. Assist the state governments and state training institutes,
5. Promote awareness among college students or school teachers,
6. Organise study courses, conferences, lectures, and seminars within
and outside the country, etc.

National Disaster Response Force (NDRF)

Under Section 44 of the Act, the National Disaster Response Force shall be
constituted to provide a specialised response at times of threatening disaster
situations with the help of trained professionals, which includes medical staff,
engineers, technicians, dogs squads, rescuers, etc. NDRF has played a major
role in rescuing people in many situations like the Kosi breach in Bihar in 2008,
the Kashmir flash floods in 2014, and the Kerala floods in 2018.
State level

State Disaster Management Authority (SDMA)

Section 14 of the Act authorises the establishment of the State Disaster
Management Authority. It will consist of the members as follows-

1. The Chief Minister of the State or the Lieutenant Governor of the Union
Territories as an ex-officio Chairperson of the State Authority,
2. Other members not exceeding eight to be nominated by the
Chairperson of the State Authority,
3. One of these nominated members to be designated as Vice-
Chairperson of the State Authority,
4. The Chairperson of the State Executive Committee is the Chief
Executive Officer of the State Authority.
In the case of Union Territories having a Legislative Assembly except for Delhi,
the Chief Minister will be the Chairperson of the State Authority. In the case of
Delhi, the Lieutenant Governor shall be the Chairperson and the Chief Minister
will be the Vice-Chairperson of the State Authority.

Section 18 of the Act specifies the powers and functions of the State Disaster
Management Authority like –

1. Laying down the state policy on disaster management,

2. Approving the state plan, and plans by other departments,
3. Laying down guidelines for different departments of state,
4. Monitoring the implementation of the state plan for disaster
management,
5. Recommending funds for mitigation measures,
6. Reviewing the developmental plans of different departments of the
state,
7. Review the measures taken for mitigation, capacity building and
preparedness by the departments of the state and issue necessary
guidelines.

Advisory committee
Under Section 17 of the Act, the State Authority may constitute an advisory
committee to make recommendations on disaster management which shall
consist of experts in disaster management having practical experience.

State executive committee

Section 20 constitutes the State Executive Committee by the State Government
to assist the State Authority in discharging its functions. Additionally, the State
Executive Committee may constitute one or more sub-communities to discharge
its functions smoothly.

The State Executive Committee may consist of the following members-

1. The Chief Secretary to the State Government as an ex-officio

Chairperson,
2. The four Secretaries to the State Government of such departments
which it thinks fit,
Section 22 specifies the powers and functions of the State Executive Committee
like-

1. Monitoring the implementation of the National and state plan,

2. Testing the vulnerability of different parts of the state to different
forms of disasters,
3. Laying down guidelines for preparing plans,
4. Providing technical assistance for carrying out their functions,
5. Coordinating the implementation of the plans and guidelines,
6. Evaluating the preparedness at both governmental and non-
governmental levels,
7. Arranging response in the event of any threatening disaster situation,
8. Assisting and coordinating activities of the concerned authorities, NGOs
and others engaged in disaster management,
9. Promoting general education, awareness and community training about
disaster management, and
10. Advising the state government regarding financial matters,
11. Ensuring communication systems are in order, etc.

State plan
It shall be prepared by the State Executive Committee, which shall include-

1. The vulnerability of different parts of the state to different disasters,

2. Measures to be taken for prevention and mitigation,
3. The manner in which these measures shall be integrated with plans,
4. Measures to be taken for capacity building and preparedness,
5. Roles and responsibilities of different departments of the state
government.

District level

District Disaster Management Authority (DDMA)

Section 25 of the Act authorises the establishment of the District Disaster
Management Authority. It shall consist of the following members-

1. The Collector or District Magistrate or Deputy Commissioner of the

district as an ex-officio Chairperson of the District Authority,
2. The elected representative of the local authority as the Co-Chairperson,
3. The Chief Executive Officer of the District Authority,
4. The Superintendent of Police,
5. The Chief Medical Officer of the district,
6. Not exceeding two other district-level officers, to be appointed by the
state government.
In the case of tribal areas, as referred to in the Sixth Schedule of the
Constitution, the Co-Chairperson will be the Chief Executive Member of the
district council of an autonomous district.

Under Section 30 of the Act, the powers and functions of the District Authority
were laid down. Some of them are-

• Preparing a disaster management plan for the district,

• Monitoring the implementation of plans and policies,
• Identifying the areas vulnerable to disasters,
• Giving directions to district authorities and laying down the guidelines,
 • Assessing the state of capabilities for responding to any disaster and
the preparedness measures,
• Examining the construction in the district to check the standards for
the prevention of disaster, and if have not been followed, directing the
authorities to take action,
• Identifying buildings or places which can be used as relief centres or
camps at the time of the disaster,
• Establishing stockpiles of relief and rescue materials and ensuring
preparedness,
• Organising specialised training programmes for officers or voluntary
rescue workers,
• Facilitating community training and awareness programmes, etc.

Advisory Committee
Under Section 28 of the Act, the District Authority may constitute one or more
advisory committees and other committees for the efficient discharge of its
functions.

District plan
Under Section 31 of the Act, ‘District Plan’ shall be prepared by the District
Authority, which shall include the following-

1. Areas vulnerable to different disasters in the district,

2. Measures to be taken for prevention and mitigation of disaster,
3. Measures for capacity building and preparedness,
4. Response plans and procedures,
5. Other matters as required by the state authority.

Penalties and punishment

Under Chapter X, namely, ‘Offences and Penalties’ of the Disaster Management
Act, comprising Section 51 to Section 60, the various offences related to
disaster management and its punishment are provided. Some of these are-
 Section Offence Punishment/ Penalty

Imprisonment which may extend to 1 year or fine

Section Obstructing any officer or refusing to
or both. If it results in loss of life or imminent
51 comply with directions.
danger, imprisonment may extend to 2 years.

Section Making a false claim for obtaining Imprisonment which may extend to 2 years and a
52 relief, assistance, and other benefits. fine.

Section Misappropriation of money or materials, Imprisonment which may extend to 2 years and a
53 etc. fine.

Section Imprisonment which may extend to 1 year or with a

False alarm or warning leading to panic.
54 fine.

Failure of an officer in duty or his

Section Imprisonment which may extend to one year or
connivance at the contravention of the
56 with a fine.
provisions of this Act.

Section Contravention of an order under Section Imprisonment which may extend to one year or
57 65 regarding requisitioning. with a fine or both.

Major disasters that occurred in India and

the role of disaster management force

Kerala floods, 2018

Kerala suffered from devastating floods between 1st June and 19th August in
2018 which were caused due to abnormally high precipitation that year, which
was 42% higher than the average rainfall. This resulted in about 341 landslides
which were reported in the hilly areas. Moreover, many dams were opened
which caused the loss of many lives and resources. Nearly 400 human fatalities
were reported and approximately 50 hectares of cultivable land were destroyed
leading to losses in production. The National Disaster Response Force has
played a vital role in the evacuation and rescue of the people, and livestock
trapped in the floods. Learning a lesson from this, the Kerala Disaster
Management Authority released a handbook clearing out the duties and
responsibilities of every department and updating some protocols for enhanced
preparedness in a single document so that adequate planning can be done
before any disaster.

Kashmir floods, 2014

Jammu and Kashmir experienced the worst flood in 2013 in a hundred years.
Nearly 200 lives have been lost and thousands of people have been stranded in
the floods waiting for rescue. This disaster raised several questions about the
role of the Disaster Management Authority as these floods have already been
forecasted by the Indian Meteorological Department days before this incident.

Uttarakhand flash floods, 2013

Kedarnath in Uttarakhand witnessed ravaging flash floods in June 2013 which
swept nearly 5000 lives away with many people missing. In addition, various
villages, roads, infrastructure, lakes, and the natural environment were
damaged, impacting the livelihood of millions. The military forces, army and
team of the National Disaster Response Force engaged tirelessly in conducting
rescue operations and evacuations. The Report released by the National
Institute of Disaster Management blamed “climatic conditions combined with
haphazard human intervention” for the disaster. But in actuality, the
Meteorological Department had predicted in advance the ‘extreme weather
conditions in Uttarakhand. But, again the Disaster Management Authority failed
to prepare actionable plans to deal with the disasters, even in presence of
warnings.

Bihar floods, 2007

The floods in Bihar caused due to incessant rains, in the month of July 2007
affected the lives of millions of people. Around 500 persons lost their lives and
extensive damages were caused to the agricultural lands, property, and
infrastructure. The Report published by the National Institute of Disaster
Management reveals that the “District Disaster Management Plan, though
available in districts, was not put into use”. This shows the inefficiency of the
Disaster Management Authority in implementing the plans in the occurrence of
a disaster.

Indian Ocean Tsunami, 2004

In December 2004, India faced a devastating tsunami across the Indian Ocean,
which caused the loss of around 10 thousand lives. It was a time when India
had not constituted any Disaster Management Authority nor did they have any
warning or risk assessment systems. It was after this disaster that the Indian
Government enacted the Disaster Management Act 2005 which calls for the
establishment of the National Disaster Management Authority.

Gujarat (Bhuj) Earthquake, 2001

On the morning of Republic Day in 2001, an earthquake struck Gujarat with a
magnitude scale of 7.7. Thousands of people lost their lives and many buildings
and infrastructure have perished. Total damages to property caused a loss of
about 7 billion dollars. In the backdrop of this disaster, the government was
compelled to enact the Gujarat State Disaster Management Act in 2003 which
was the first law of its kind to exclusively deal with disasters. Later, it paved the
way for the enactment of the similar Disaster Management Act in 2005 for the
entire country.

COVID-19 and the Disaster Management

Act, 2005
The Disaster Management Act, 2005 was also invoked at the time of the COVID-
19 pandemic in India. As the COVID-19 pandemic is a kind of biological
disaster, it comes under the ambit of the Disaster Management Act of 2005.
During the pandemic, various measures have been taken under this Act,
including the ‘national lockdown’ imposed in March 2020 to contain the
pandemic. The National Disaster Management Authority has time-to-time issued
various guidelines related to different disasters, including ‘Guidelines on
Management of Biological Disasters, 2008’, which was used to give directions
and to carry out various activities to control the pandemic. Various penalties
and punishments were also imposed on the people under this Act, for not
complying with the directions, making false claims, etc.

Disaster management challenges in India

Despite the comprehensiveness of this Act, which covers various aspects of
disaster management and the constitution of authorities at all levels, there are
still many challenges faced by disaster management in India.
Scarce resources

Inactivity of the established institutions

Overlapping of the functions

Absence of ‘disaster-prone zones’

Non-setting up of the district fund

Non-enforcement

Indian Forest Act, 1927 :

subsidiary rules and
amendments
Introduction
A forest is a territorial ecosystem where the interaction of all the communities of
plants and animals with one another and with the physical environment
happens. Forests are natural renewable resources. In order to maintain the
quality of the global environment, forests are important since the benefits of
forests include wood, timber, manure for order and other non-timber forest
products like fruits, flowers, services like moderating the hydrological cycle, soil
conservation, mitigation, adding intangible value such as aesthetic recreational
and spiritual values.
 India occupies 2.4 % of the world area with the seventh-largest country in the
world and is home to only 1.8 % of the forest covers. Though regular activities
are being conducted under CAMPA (compensatory afforestation management
and planning authority) in order to increase forest through reforestation but still
India’s forest cover is in a devastating condition with only 21% of India under
forest cover (state of forest report 2019 release by Union Minister of
environment and forest). There are several factors due to which forest covers in
India are decreasing at an alarming rate, they are, conversion of forest land for
the non-forestry purpose, expanding agriculture and other illegal activities such
as illegal logging and unauthorised occupation of forest land, etc. Forests are
also a means of generating revenue for any state by supplying forest products
and various services.

Legal perspective
The Indian Forest Act 1927 is comprehensive legislation that includes all the
pre-existing laws to protect forests. The first legislation related to the forest was
however enacted in the year 1865 during the British rule and later on, there
were amendments happening all around. The preamble of the Indian Forest Act
aims to regulate the transit of the forest produce, levy a duty on timber and
other forest produce, and consolidate all the existing laws related to the forest.
All the previous laws that were passed regarding the forest before 1920 were
consolidated and made one Act that is the Indian Forest Act 1927. Before 1976
all the forest and wildlife subjects were under State in the Indian Constitution.
But after the 42nd amendment of the Constitution, the subject of forest and
wildlife was deleted from the state list and they were placed in the concurrent
list bringing the subjects under the purview of both the Central and the State
government. The new amendment also brought a new directive principle of
State Policy, Article 48A and the fundamental duty 51A(g) in order to protect
and improve the forest. The changes were important in order to protect the
forest and the environment. It is not the responsibility of any particular country
instead every country in the world has equal responsibility for it. After doing all
the research on the aspects of the Indian Forest Act 1927 high-level committee
of Subramanyam submitted its report in November 2014.

Purpose
In the year 1927, the Indian Forest Act 1878 was replaced by the British
government and a new Act was brought into place. The main purpose of this Act
was to conserve the forest strength and the laws related to forest and increase
the productivity of the forest. This has been one of the most important laws
passed by the central government and state government that may bring
changes according to some extent. There are other provisions that are included
in this Act, that is to convert non-agricultural land into forest land. Indian Forest
Act 1927 contains 13 Chapters which describe a forest into three categories that
are reserved forest, conserved forest and village forest. Article 2 of the
Act contains the provision to increase the productivity of the forest and Article
26 is related to analyzing any illegal Activities related to the forest.

Objective
The main objective of this Act was to preserve and safeguard the forest. Besides
this there are few more objectives:

• To maintain the quality of water in the water bodies like lakes and
streams.
• To balance the impact of cultivation and other forest activities.
• To aim for expansion of Activities in the forest by sharing of the public
and other communities in the forest to take part in activities that help
improve the condition of the forest.
• To inform everyone about the efficient use of forest resources.
• To ensure high productivity of forests and saving the resources of the
forest by afforestation, etc.
• To introduce advanced programs that help in increasing the area of
forest.
• to make the management of the forest better by appointing efficient
resource professionals and conducting training and educational
programs for them.
• To ensure long-term harvest levels with the minimum usage of the
forest resources.
• To balance the distribution of wildlife, nature and habitats and
conserve biological diversity by development and implementation.
• To make efficient use of the advanced programs that expand the
practice of forestry.
• To improve the research technology associated with the forests.

Principles
 • To make efficient use of the profits that are derived from the Activities
of forest management and to take care of forests annually.
• To make forest land so unique that it has natural benefits and various
diversity of habitats in wildlife.
• To save the forest from fire or other harmful chemicals.
• to keep up increasing productivity and improving the forest land in the
long run.
• To save the water bodies of the forest.
• To ensure that the statutory rules and regulations related to the
environmental laws are being followed properly.
• To ensure that after reforestation proper productivity is being
maintained in the forest land.

Salient features
The Act has 13 Chapters.

1. Chapter 1 deals with the title and the extent of the Act;
2. Chapter 2 deals with the subject of reserve forests;
3. Chapter 3 deals with village forest;
4. Chapter 4 deals with protected forest;
5. Chapter 5 deals with the lands and forests that are not the property of
the government;
6. Chapter 6 deals with imposing a duty on any forest produce by the
central government;
7. Chapter 7 deals with controlling any forest produce in transit;
8. Similarly, the object of Chapter eight is to regulate the right of the
owner of timber or any forest produce;
9. Chapter 9 provides the penalty and procedure in case of any illegal
activity;
10. Chapter 10 deals with the application of cattle trespass Act 1871.
Chapter 10 deals with the power of state government to notify in
respect of lines;
11. Chapter 11 provides us the powers and duties of forest officers;
12. Chapter 12 provides the state government power to make
subsidiary rules;
 13. Chapter 13 deals with the duties of the citizen to help the forest
officers to carry out their duties smoothly and effectively.
There is another Act called the Forest Conservation Act 1980 that is applicable
to the whole of India and that also includes Jammu and Kashmir. It officially
came into force on 25th October 1980.

Features of Indian Forest Amendment Act

2019
The main objective of the cemented Act is to give power to the forest officers
through equipment and weapons to protect themselves and the forests as well.
Under CrPC 1973 the power of officers is to initiate any kind of search and issue
search warrants and take Actions on the spot and enter promises of the forest
area under their jurisdiction. In case of emergency, the forest officers are even
allowed to use firearms and other weapons for self-defence.

Reserved forests
Reserve forests are covered under Chapter 2 of the Act from Section 3 to 27.
Reserve forest includes any forest land or wasteland that is under the ownership
of the government. Since the government are the owners of these lands they
have proprietary rights over them and the use of these lands are not open to
the local people without the permission of the government. after the
government issues notice under Section 4 of the Act that a particular portion of
the land has to be declared as a reserved forest since then that area of land is
marked a Reserved Forest. There are certain activities such as grazing, tree
felling, morning hunting, etc, in the forests that are prohibited under Section 26
of the Indian Forest Act 1927. The penalty of the above activities is provided
under Section 26 that is imprisonment for a term which may extend to 2 years
and a fine which may extend to 20000 but not less than 5000.

Village forest
Chapter 3 Section 28 of the Indian forest Act deals with the provisions of the
village forest. when the reserved forests are provided by the government for
the usage of the village community that particular land is considered as a village
forest land. The regulation of the management of these forests is under the
state governments. The two terms village forest and forest village are used in
place of each other but Actually the whole different. Village forest under the
Indian Forest Act is a legal category and forest village is an administrative
category. The land given to village forests is included under Village Grazing
Reserve (VGR).

Protected forests
The land other than reserved forests over which the government has proprietary
rights is termed as a protected forest which is empowered by the State
Government. Chapter 4 Section 29 deals with the provisions of protected
forests. In the case of Protected Forest, the rules regarding the use of the
forests are given by the government. The government has the right to reserve
specific trees in the protected forest because those particular trees house
revenue earning capacity and are required to be protected for the benefits of
the economy. The provisions of Chapter 5 deals with non-government forest or
private forest which are not under the control of the government. However in
exceptional cases to preserve public health and wellness the state government
can pass an order for clearing of land.

Subsidiary rules
Under Chapter 12 of the Act Section 76, there are additional powers of the state
government to make subsidiary rules to provide a limitation to the duties and
powers of forest officers, regulate the amount of the reward to be paid to the
informers and of the resource under this Act out of the proceeds of fines and
confiscation, to generally carry out the provisions of this Act and to preserve
reproduce and dispose of the trees and timbers belonging to the government
that are grown on the land of private persons.

Drawbacks of Indian forest amendment Act

2019
The Indian Forest Amendment Act 2019 has been criticized by many
environmental experts, non-governmental organisations and communities living
in the forest. According to experts, the amendment Act can be influenced by
any private organisation and forest officers. The main drawback of this
amendment Act was that the forest officers could fire anyone in the name of
conservation of forest. This power given by the amendment Act was very much
similar to that of the Arms Act. Thus giving such excessive powers to the forest
officers could be dangerous since they can misuse it against people who are
uneducated and unaware of the laws and the provisions. By adding few land
areas as forest land and removing the previous land areas the livelihood o

the Forest Conservation Act,

1980
Introduction
Forests are one of the precious resources that nature provides. The whole
ecosystem is dependent on the forests as they are an important part of natural
habitat. So, it should be our prime duty to preserve them and not harm the
cycle of our nature. But the forests of our nature are being cut at an alarming
rate. People have become so greedy that they have started clearing the entire
forests. Therefore, to stop this rapid deforestation the Central government
enacted the Forest Conservation Act, 1980.

History
The first legal draft on this issue was the Indian Forest Act, 1865. Later, it was
replaced by the Indian Forest Act, 1927 during the colonial period. Whenever
any law gets passed, it carries the hope that it will address the social issue for
which it was passed. When the Indian Forest Act, 1927 was passed, it carried
the same hope but it was solely confined to British interests.

The main focus of the Act of 1927 was on timber. The Act of 1927 was divided
into the 13 chapters and consisted of the 86 Sections. It gave power to the
State to control the rights of tribal people to use forests. Under this Act, the
government was also empowered to create reserved forests. It aimed to
regulate the forest produce and to levy taxes on timber and other forest
produce, which later became the source of revenue for the government. It
never aimed to protect the forests of the country and just wanted to regulate
the cutting of timber and other raw materials used in the industries.
After independence, the need to conserve the forests became more strong and
therefore, the President of India enforced the Forest (Conservation) Ordinance,
1980. The ordinance was later repealed by virtue of Section 5 of the Forest
(Conservation) Act, 1980 which came into force on October 25, 1980. It was
passed to protect the forests of the country and the matters related to it. It also
covers the issues which were not addressed by the previous Act. Under the
1980 Act, the restriction was made on the use of the forests for non-forest
purposes.

Constitutional mandate for forest

conservation
When the Constitution of India was adopted in 1950, the framers were not
aware that in future the issues related to forest conservation may arise. This
was realised later as the Constitution (Forty-Second Amendment) Act, 1976 was
made and Article 48A was added to the part of Directive Principles of State
Policy and Article 51A as a fundamental duty of every citizen of India.

As per Article 48A, the state shall make laws to protect and improve the
environment to safeguard the forests of our country.

According to Article 51A(g), it is the duty of every citizen of India to protect and
improve the natural environment including the forests of our country.

Objective
The trees in the forest don’t only provide us with oxygen for breathing they do a
lot more than that. They also provide us with some useful products like wood
and food. Forests are an important part of our nature, they maintain the entire
ecosystem and water cycle of the earth.

The object of the Act is to maintain ecology and to preserve the forest of our
country. It is also the object of this Act to regenerate the forests by planting
trees and increase the forest growth in our country.

1. To protect the forest, its flora, fauna and other diverse ecological
components.To protect the integrity, territory and individuality of the
forests.
 2. To protect the forests and prevent deforestation that will lead to land
erosion and subsequent degradation of the land.
3. To prevent the loss of forest biodiversity.
4. To prevent the conversion of forests into agricultural lands, or grazing
lands, or building of business or residential units.

Features
This Act has the following features:

1. This Act has made the restrictions on the State government and other
authorities to make decisions in some matters without the prior
permission of the central government.
2. Under this Act, the whole power is in the hand of the Central
government to carry out the laws of this Act.
3. This Act also provides penalties for the infringement of the provisions
of this Act.
4. Under this Act, an advisory committee may be formed for advising the
Central government in matters related to forest conservation.

Some pertinent sections

Section 1: Title and scope

Section 1 of the Act talks about its title, scope and commencement. This Act is
known as the Forest (Conservation) Act, 1980. This law applies to the whole
country except Jammu and Kashmir. Although, Article 370 has been revoked
which means all central laws must be made applicable to the whole country.
However, as of now, only 37 laws apply to Jammu and Kashmir and this Act is
not included under these 37 laws. This law came into force on October 25,
1980. It replaced the Forest (Conservation) Ordinance, 1980 and contains
similar provisions.

Section 2: Restrictions on dereservation of forests

and its non-forests use
This Section restricts the state governments and other authorities to make laws
in the following matters without the prior permission of the Central government:

• that they cannot dereserve any forest land or any portion of it reserved
under any law for the time it being enforced in the State or any other
part;
• that the forest land or any portion of it cannot be used for non-forest
purposes;
• that they can not assign any forest land or any portion of it by way of
lease to any private person, or anybody or organisation not controlled
by the Government of India;
• that a forest land or any part of it grown naturally may be cleared for
the reafforestation.
The explanation of this section defines the term “non-forest purposes”. It means
cleaning any forest land or its portion for the purpose of:

• Planting tea, coffee, spices, rubber, palms, oil-bearing, plants, or

medicinal plants;
• Or for any purpose other than afforestation, but it should not include
any work related to preservation, evolution and administration of
forests and wildlife.

Section 3: Advisory committee

As per Section 3 of this Act, the Central government has the power to constitute
an advisory committee to advice on matters related to the

• approving as under Section 2 of this Act;

• or any matter referred by the Central government, connected with the
preservation of forests.

Section 3A: Penalties

This Section 3A was added by the amendment made in 1988. According to this
section, whoever violates or abets the violation of any law contained under
Section 2 shall be punished with simple imprisonment for any prescribed term
which may increase up to 15 days.
Section 3B: Offences by authorities and
government offices
This Section 3B was also added by the amendment made in 1988. This section
talks about the offences committed by the Authorities and the government
Department.

According to section 3B(1), whenever any offence under this Act is committed
by any department of the government, head of the government, any authority
or any person who at the time of the commission of the offence was responsible
for the conduct of business, shall be made liable for the offence under the Act.

However, the same person can save himself by proving that the offence was
committed without his knowledge and also, he took all the possible measures to
prevent the commission of the offence.

According to section 3B(2), when an offence under this Act has been committed
by a person other than the department of the government, head of the
government or the authority mentioned under sub-section 1, with his consent or
due to his negligence, then such persons shall be declared guilty under the Act
and also be made liable to proceedings and punishments.

Section 4: Rulemaking power

Under Section 4, the Central government has the power to carry out the laws
prescribed under this Act, by notifying in the official gazette. Before forming any
rule, it should be presented before both houses of the parliament for a period of
thirty days. Both the houses of the parliament shall agree to do the modification
or form the new rule under the Act.

Section 5: Repeal
This section of the Act repealed the Forest (Conservation) Ordinance, 1980.

Important case laws

The judiciary has also played an important role in conserving the forests and
protecting our environment by way of entertaining different Public Interest
Litigation (PIL) filed under Article 32 and Article 226 of the Constitution. The
Supreme Court and the High Courts have delivered various important
judgements regarding the protection of the forests and environment while
entertaining the PILs.

Tarun Bharat Singh v. Union of India (1993)

In the instant case, a voluntary organisation approached the Supreme Court
through a PIL filed under Article 32 of the Indian Constitution. The petition was
against the illegal mining going on in the reserved area of the Alwar District.
Despite the fact that the area was reserved under the Act, the state
government had granted hundreds of licences for mining marble. The Court held
that whenever an area is declared as the protected forest it comes within the
purview of the Forest (Conservation) Act and now, the State government cannot
carry on any non-forest activity in the reserved area without the prior
permission of the Central government. As mining is a non-forest activity, the
State government’s action to grant a licence for mining or renewing their licence
for mining is contrary to law. An interlocutory direction was also passed to the
State government and the mine owners to stop the illegal activity in the
reserved area.

State of MP v. Krishnadas Tikaram (1994)

In this case, the respondents were granted the mining lease of limestone in the
forest area in the year of 1966 for a period of 20 years. In 1986, after its
expiry, the respondents approached the State government for its renewal. The
State government passed the orders to renew the lease for further 20 years.
The Forest Department cancelled this order. This cancellation was challenged
before the Supreme Court of India. The Court held that under Section 2 of the
Forest (Conservation) Act, the state cannot grant or renew the licence without
the prior approval of the Central government. Therefore, the cancellation of the
order was properly made.

Krishnadevi Malchand Kamathia v. Bombay

Environmental Action (2011)
In this case, an application was filed by the District collector to initiate the
contempt proceedings against the appellants for violating the orders to the
court. The court had issued directions to remove the newly constructed bund so
that seawater can come in to protect the mangrove forests. The order tried to
restrain the appellants from indulging in any activity which will harm the
mangrove forests. The appellants have the licence to manufacture salt at the
place. The Supreme Court held that the manufacturing of salt by solar
evaporation of seawater is not permitted in the area as that area is home to the
mangrove forests. The mangrove forests are of great ecological importance and
are also ecologically sensitive and that is why they fall under the category of
CRZ-I (Coastal Regulatory Zone-I). The Coastal Area Classification and
Development Regulations, 1991 classifies the Coastal Regulatory Zone, and
according to it, the manufacturing of salt is prohibited.

Overview of Biological diversity

Act, 2002
Introduction
Representing in the truest essence, the sustenance of all life on earth, biodiversity
stands to be the pedestal supporting the coexistence of all varieties of living
organisms from several sources which include the terrestrial, marine and all
aquatic ecosystems. Biodiversity is also a foundation for traditional and modern
medicines, a source of food, provides raw materials for trade and business, etc.

Therefore, biodiversity loss would have negative repercussions on the lives of

every species existing on earth, causing an imbalance in the ecosystem which
would eventually lead to the destruction of the natural environment. Being one
of the greatest diverse countries in the world and holding a global record for being
home to the most unique species, India has experienced threats and semi-
destruction of its biodiversity due to outbursting population, overutilization and
exploitation of resources, climate change, habitat loss due to human
development, increasing pollution levels and so on.

Before the Biological diversity Act, 2000, India had several environmental
legislations put to work but certainly a void existed which required the enactment
of this Act in 2002. India had signed the Convention on Biological Diversity at Rio
de Janeiro providing a framework and foundation for sustainable development
and preservation of its biodiversity with a lot of focus on natural resources.
Following this ten years later the Biological Diversity Act, 2002 was enacted.
Biological diversity Act, 2002
India saw a transformation of its closed economy into an open economy, post-
1990. Biopiracy thereafter, stood unguarded with no stringent legislation
protecting the overexploitation and piracy of resources. This further saw the
formation of a civil society group appointed to formulate a National Biodiversity
strategy and plan. However, this wasn’t accepted and the government itself
articulated a legal framework and draft known as the Biodiversity Bill, 2000,
based on which this Act was passed by the Lok Sabha on 2nd December 2002
and Rajya Sabha on 11th December 2002. It had finally received the Presidential
assent on 5th February 2003.

The Biological Diversity, as federal legislation, was a mere attempt of India to

uphold the objectives put forth by the United Nations Convention on Biological
Diversity (CBD) 1992, giving immense importance to the rights of a state over its
resources.

This Act broadly sets forth to protect and conserve the biological diversity, control
the utilization of resources, and maintain equality in the distribution of its
resources and benefits arising from it. Section 8, sub-Section (1) and (3) of this
Act, puts forth the provision of establishing a National Biodiversity Authority in
Chennai.

Objective
The Act in general aims in conserving the Biological Diversity, maintaining and
controlling the proper use of its components, ensuring equitable distribution of
benefits derived from such utilization. The mentioned objectives of the Act provide
for a safeguard of traditional knowledge, prevent biopiracy, prohibit people from
claiming patents without the government’s permission, etc.

The facets of the objective of aiming to conserve Biological diversity is showcased

by Chapter IX of this Act, especially with Sections 36, 37 and 38 which relates to
developing national plans and programmes for the conservation of biodiversity,
powers given to state government to notify and preserve areas of biodiversity,
and with the authority of the Central Government to notify species that are
dangerously endangered, on the verge of extinction, threatened species,
prohibiting their collection and so on. While sustainable use of its component
would indicate towards regularising the use of natural resources and not
exhausting it.
Section 21 of the Act determines the provision of benefit sharing. It aims to
acquire equitable sharing of benefits emanating from the accessed biological
resources, its by-products, knowledge, and practice related to it as per the set
terms and conditions between the person applying for acquiring such benefits and
the local bodies involved.

Click Above

Important Provisions
The Biological Diversity Act puts forth definitions, principles, appointed
authorities, procedures, mechanisms for conservation, access benefits, etc, all
related to biodiversity. It also mentions an institutional structure to be established
for the same purpose.

• Conservation Provisions
Section 36 talks about the role of the Central government in developing national
strategies and plans for conservation purposes. The Central government has
responsibilities such as:

1. It is duty-bound for formulating national strategies, plans and

programmes to conserve and uphold the sustainable use of biological
diversity.
2. If any area rich in biological diversity or such resources seems to be
facing threats then it is the central government’s responsibility of
notifying the respective state government and asking them to take
appropriate steps to prevent it.
3. Composing sectoral and cross-sectoral plans and policies, which are
practicable in the notified environment on the foundation of integration
of conservation and the sustainable use of biological diversity.
4. The central government has to take measures for assessing the harmful
effects of upcoming projects on biodiversity and to either prevent it or
come up with techniques of diminishing such effects.
5. The central government must aspire to protect the traditional knowledge
holders and their knowledge with methods including registration of such
knowledge at the local, state or national levels, and other measures
necessary for protection and so on.
Section 37 of the Act involves the declaration of Biodiversity Heritage Sites with
regard to which the state government is required to notify about the areas of
biodiversity heritage in the Official Gazette under this Act. It proceeds to protect
the area rich with biodiversity in its natural surroundings. The biodiversity-rich
landscape and ecosystems brought under already legally protected areas such as
National Parks and Wildlife Sanctuaries in a method similar to that of the
declaration of Eco-sensitive areas as per the Environment Protection Act (1986).
The Section also puts the responsibility on the state government to compensate
people or sections of people economically affected by such declaration.

Without any sort of prejudice, Section 38 of the Act requires the Central
Government, in deliberation with the concerned State Government, notifying from
time to time about species that are on the verge of extinction or threatened
species and prohibit its collection thereof for any trade purpose and put to action
appropriate steps for the preservation of such species. Whereas Section
39 empowers the Central Government to designate repositories for biological
material to be kept in safe custody.

But again under Section 40 of the act, the Central Government with regard to the
National Biodiversity Authority by notification in the Official Gazette can make
declarations of the Act not applying to particular items, including biological
resources normally the commodities.

In the case of Environment Support Group v. National Biodiversity Authority, An

appeal was made to declare Section 40 of the Biological Diversity Act, 2002 illegal
and unconstitutional as serious prejudice was likely to be caused which could
cause jeopardy to the national interest and biodiversity of certain species. It
wanted to draw the attention of authorities towards public agricultural universities
indulging in criminal biopiracy of local varieties of eggplant.

The petitioners also highlighted that they had got 18 critically endangered plants
among its 190 plants as normally traded communities. The petition also argued
that Section 40 of the Biodiversity Act, 2002 deemed to allow arbitrary and
unfettered trade of India’s biological wealth leading to extensive bio-piracy.
Although the National Biodiversity Board and Karnataka Biodiversity Board had
filed a criminal complaint of biopiracy before the High Court of Karnataka, the
petition filed for criminal proceedings in a relevant ruling of the High Court of
Karnataka dismissed petitions and quashed criminal prosecution of the
respondents who had been accused serious criminal acts of biopiracy by the
National Biodiversity Authority and Karnataka State Biodiversity Board.

• The biodiversity authorities at the national and

state levels
Section 8 lays down the provision of the establishment of the National Biodiversity
Authority at the national level whereas Section 22 does the same for state
biodiversity boards at the state level. Further Section 22(2) does not allow the
State Biodiversity Board to be constituted for a Union territory. The National
Biodiversity Authority shall exercise the powers and perform the functions of a
State Biodiversity Board for that Union territory: Provided that in relation to any
Union territory, the National Biodiversity Authority may delegate all or any of its
powers or functions under this subSection to such person or group of persons as
specified by the Central Government.

The chairperson of the National Biodiversity Authority presides over the meetings
and all questions are decided by the votes of all members present and voting. As
per Section 13, the National Biodiversity Authority can form a number of
committees as required for the effective and efficient discharge of its duties and
functions under the Act. Such a committee should also choose people who are
not the members of the National Biodiversity Authority, as they might have the
right to attend the meetings of the committee and take part in the proceedings
but shall not have the right to vote.

Section 19 of the Act puts forth that any person wanting to obtain any biological
resource originating in India or information relating to it, for research or for
commercial purposes or transfer the results of such research related to biological
resources occurring or obtained from India, are required to make an application
and payment of prescribed fees. Also as per 19(2) any person applying for patent
or intellectual property protection whether in India or outside India based on any
invention, research, knowledge, or study originating in India have to make an
application to the biodiversity authority and wait for its approval.

In the case of Akb Jagannath Nag v. Union Of India & Ors, it was appealed that
the petitioner had intellectual property rights in terms of Section 6 and Section
19(2) of the Biological Diversity Act, 2002 and concerned Rules which were in his
favour. Therefore, such approval by the concerned Authority under the Biological
Diversity Act would clearly come in the way of the order criticised before the
learned Single Judge. The order passed by the Controllers and Patents and
Designs as per Section 15 of the Patents (Amendment) Act, 2005 was appealable
in terms of Section 117A of the Patents Act, 1970 as amended in 2005. If there
was an exercise of wrong jurisdiction, excessive authority during passing such
order, the same could be challenged before the Appellate Authority.

Based on this the appellant had interfered with the order passed by the
Controllers of Patents and Designs as well as the learned Single Judge. If the
present approval under Section 6 of the Biological Diversity Act seemed to change
the entire scenario then it had to be brought under the notice of the single learned
judge by the way of review. Therefore, it was held that it would not be just to
point out faults with either the order of the Controllers of Patents and Designs or
the order of the learned Single Judge. This appeal was disposed of with an
application for stay given to the appellant with the choice of option for
approaching the learned Single Judge for review of the order of the Appellate
Authority as indicated.

• Functions
Some of whose functions are:

1. Prohibiting a person claiming a patent over biodiversity or related

knowledge, study, or research without prior approval and permission of
the Indian Government.
2. The State Biodiversity Board advises the State Government, according
to any guidelines issued by the Central Government, on matters relating
to the conservation of biodiversity, sustainable use of its components,
and benefit-sharing.
3. The State Biodiversity Board performs functions as required by the Act
or prescribed by the State government.
4. Conservation of sustainable use of biological resources including habitat
and species protection (EIP) of projects, integration of biodiversity,
formulating plans, and policies of various Departments and Sectors.
5. The National Biodiversity Authority has to regulate activities in
accordance with Sections 3, 4, and 6 of the Act.
6. The National Biodiversity Authority, on behalf of the Central
Government, could take steps for opposing granting of intellectual
property rights in any country outside India related to any biological
resource obtained from India or knowledge about such biological
resource which is derived from India.

• Offences and penalties

Put forth by Section 58, offences under this Act are cognizable and non-bailable.
Except for the Central Government or any authority authorized by the
government or any benefit claimant with his intention to make a complaint, no
court shall take cognizance of any offence under this Act or rules as per Section
61 of the Act. No suit, prosecution or other legal proceedings shall lie against the
Central Government or any officer of the Central Government or the State
Government or any member, officer or employee of the National Biodiversity
Authority or the State Biodiversity Board with regard to an action done in good
faith as per Section 54 of the Act. Provisions of this Act even being inconsistent
with any other law in force shall yet have effect and put to work as laid
under Section 59.

Offences punishable with imprisonment for a term which may extend to five years
or fine which may extend to ten lakh rupees or both:

1. In contravention to the provisions of Section 3, if a non-Indian, an Indian

or corporate body with foreign participation initiates biodiversity-related
activities without prior approval of the National Biodiversity Authority.
2. In contravention to the provisions of Section 4, any person whether a
citizen or not, delivers results of any research related to any biological
resources for monetary gain to a non-Indian.
3. In contravention to the provisions of Section 6, any person making an
application for an Intellectual Property Right of an invention based on
any research on a biological resource obtained from India without
previous approval of the National Biodiversity Authority.
Offences punishable with imprisonment for a term which may extend to three
years, or with fine which may extend to five lakh rupees or both:

1. Contravening Section 7 of the Act, if any citizen of India excluding Vaids

and Hakims who are practising indigenous medicines, acquires any
biological resource for commercial utilization or bio survey without giving
prior notification to the State Biodiversity Board.
2. Contravening Section 24 sub Section (1), if any citizen of India or a
corporate organization registered in India, aims to undertake any
activity of obtaining biological resources for commercial work and does
not give prior intimation as is prescribed by the State Government to the
State Biodiversity Board.
A person going against any direction given by the Central Government, the State
Government, the National Biodiversity Authority or the State Biodiversity Board
for which no punishment has been specified under the Act, then he/she shall be
punished with a fine which may extend to one lakh rupees, in case of a
subsequent offence extending to two lakh rupees which with continuous
contravention incur an additional fine two lakh rupees everyday laid by Section
56 of the Act.

Shortcomings of the Act

Along with several positive and worthy features, the Act also has several flaws
and somewhere leaves a void. One of the major flaws is that emphasis on
preventing profit-sharing from the commercial use of the biological resources
rather than provisions for efficient conservation. One of the reasons for laying
this act was to prevent bio-piracy by the developed nations but this did not give
an opportunity for neglecting the other major aim of protecting biodiversity.

This legislation does not act as an umbrella and overlooks its possibilities of
harmonizing with prior existing legislation. Neither does it lay down guidelines for
the assignment of non-monopoly rights nor for assessing contributions made by
firms, local communities, or individual inventions. The basic provision of
integrating the communities and nation is weak.

The act doesn’t even give immediate rights-holders the authority of defending
their rights in the way that it weaponizes the Indian state to fight against biopiracy
or even with rights equivalent to that provided to patent holders or applicants.
One of the main problems also stands to be no legal protection given to the
information recorded in the People’s Biodiversity Register. This register is open
to entities wanting to exploit resources of a particular area. Such documentation
has to be regulated by rigorous monitoring in order to ensure the benefits being
shared.

Suggestions
Few suggestions for the better implementation of the Biodiversity Act, 2002 and
ensuring efficient work with regards to its provisions:

• As seen most of the time statutory legislation and Acts even after put to
force are not implemented properly. Half of the time, the main purpose
of such legislation is left behind and no improvement takes place.
Thereafter, even in this case, with years of worsening pollution levels,
untreated sewage, chemical pollutants, factory wastes, etc have been
dumped in major Indian rivers such as Ganga, Yamuna, Godavari,
Cauvery, etc, main water sources, leaving it tremendously polluted.
Proper enforcement of this Act would certainly help in reducing such
pollution levels.
• Even if certain boards and committees are formed to look after
biodiversity if each ministry works hand in hand, monitors activities,
makes themselves aware of environmental harms caused by their
actions then such a hurdle can be crossed easily since everyone gets
accountable for their actions and feels more responsible towards
protecting the ecosystem. Working together, cooperatively can do away
with a lot of problems.
 • Since no specifications are put forth regarding official relations between
the Biodiversity management committees and local bodies this could
often lead to common disputes and conflicts. The introduction of a
special committee would help in the unification of the numerous local
bodies and institutions so that they could work together in the prescribed
time ahead.
• Whereas on one side it talks of the nation or state’s sole right towards
its innovations, resources, its by-products, etc, it lays no provision and
protection for genetic resources leaving it to be exploited by anyone.
Leaving out human genetic material from the purview of the act could
also lead to the problem of the ‘cloning crisis.’
• It is important for the government to continuously notify and be notified
of special places by awarding them special status and protection to
biodiversity-rich areas by declaring them as national parks, wildlife
sanctuaries, etc.

The Prevention of Cruelty to Animal Act,

1960: a glance
The Prevention of Cruelty to Animal Act, 1960 is one of the most comprehensive
laws on the subject of animal welfare in India. It is an Act of the Parliament
passed on 26 December 1960 with a vision to prevent cruelties on animals.

The main objective of the Act is:

1. The Act prevents unnecessary pain or suffering on animals.

2. The Act enshrines provisions for establishing the Animal Welfare Board
of India, its powers, functions, constitution, and term of the office of
members of the Board.
3. The Act enshrines the guidelines regarding the experimentation on
animals for scientific purposes and empowers a committee to make
rules with regards to such experiments.
4. The Act restricts the exhibition and training of performing animals.
Both the terms ‘exhibit’ and ‘train’ are separately defined under Section
21 of the Act.
Various forms of cruelty and their
punishment
The PCA Act, 1960 provisions empower law enforcement agencies, animal
welfare workers, and citizens who care for animals to take action against the
culprits. As far as animal welfare laws are concerned, all acts of cruelty are
covered under Section 11 of the Act. Section 11 of the PCA Act, 1960 deals with
various forms of cruelties and atrocities perpetrated on both, domesticated and
wild animals. This section has 16 sub-sections dealing with the different forms
of cruelty, under which a person is liable for a fine of ten rupees, which may
extend to fifty rupees. Whereas, in the subsequent offence, i.e. the offence
committed within three years of the previous offence, shall be punishable with
three months imprisonment and a minimum fine of twenty-five rupees which
may extend up to one hundred rupees.

The categories of offences under Section 11 are as follows:

SECTION 11(1)(a): Causing pain, suffering, or injury to an animal.

Any person treating an animal which results in unnecessary pain, suffering, and
injury to that animal. It includes acts like beating, kicking, overriding,
overdriving, overloading, and torturing the animal as an offence.

SECTION 11(1)(b): Employing any unfit animal for work or labour.

Any person taking work from or has employed a sick, infirm, or wounded animal
is an offence. A complaint can be filed against anyone who uses an animal
suffering from any disease, infirmity, wound, or other causes which render the
animal unfit for any kind of work or labour.

SECTION 11(1)(c): Administering any injurious drug or substance.

It is illegal to willfully and unreasonably administer any injurious drug or

substance to any domestic or captive animal. This section also prohibits forcing
an animal to take such drugs and substances. For example, using Oxytocin
injection by dairymen on cows or buffaloes to increase milk production is illegal
unless taken under the proper prescription of a veterinary doctor.

SECTION 11(1)(d): Carrying or transporting animals in a cruel manner.

This section forbids carrying or transporting any animal in such a manner as to
subject them to pain and suffering. It applies to the transportation of animals
through vehicles or walking them on foot. As per the rules mentioned under the
PCA Act 1960, a lorry can carry up to six adult cattle, and a goods wagon
cannot carry more than ten cattle.

SECTION 11(1)(e): Housing an animal in a place that hampers free

movement.

Keeping or confining any animal in any cage or enclosure of insufficient size

failing to permit the animal a reasonable opportunity for movement is an
offence.

SECTION 11(1)(f): Restricting animal’s movement by using heavy chain or

chord.

This section made it illegal to keep any animal chained, tethered for an
unreasonable time.

SECTION 11(1)(g): Habitually chaining up of a pet dog by an owner.

If a pet or a dog owner does not exercise their pet dog or is habitually chaining
up or keeping a dog in close confinement is an offence. For example, all dog
owners are legally bound to take their companion dogs on a daily 30-minute
walk in Germany.

• SECTION 11(1)(h): Sufficient food, drink, or shelter.

It is the responsibility of the owner of any animal to provide sufficient food,
drink, and shelter.

SECTION 11(1)(i): Abandoning an animal.

If a person abandons any animal, which renders that animal to suffer pain
either due to starvation or thirst is an offence.

SECTION 11(1)(j): Allowing a sick/injured animal to go at large in the streets.

Suppose a person permits any animal to go at large or roam freely in the

streets while that animal suffers from any contagious or infectious disease. This
section also forbids a person to abandon any diseased or disabled animal to die
in the streets.
SECTION 11(1)(k): Selling any animal suffering from pain.

Selling or possessing any animal suffering pain due to mutilation, starvation,

thirst, overcrowding or other ill-treatment is an offence.

SECTION 11(1)(l): Mutilate or kill any animal.

This section made those activities punishable which includes mutilation or killing
of any animal including stray dogs by using the method such as strychnine
injections, or any cruel practices.

SECTION 11(1)(m): Animal used for entertainment purposes.

Using an animal solely for entertainment is an offence under this section. This
section strictly forbids confining any animal, including tying an animal as bait in
a tiger or wildlife century, to make that animal an object of prey. It completely
restricts provoking any animal to fight or bait any other animal simply for
entertainment purposes.

SECTION 11(1)(n): Organising or managing a place for conducting animal

fights.

A person shall be held guilty for selling the land or premises for conducting
animal fights. This section also prohibits a person from organising animal fights
and collecting money from spectators as entry fees.

SECTION 11(1)(o): Promoting or participating in a shooting competition.

This section prohibits any kind of promotion or participation in a shooting

competition that involves animals. There are some activities where animals are
released from captivity for such shootings.

Offences and penalties

Section 11(2) of the PCA Act, 1960 makes it obligatory for animal owners to
exercise due care and supervision to prevent cruelty against animals owned by
them. If they failed to follow these obligations, they shall be held guilty.

Inflicting any form of cruelty on animals is an offence under section 11 of the

Act. The commission of the first offence has a maximum fine of fifty rupees per
animal. In the case of subsequent offence within three years is punishable for a
fine of a maximum of one hundred rupees and three months of imprisonment or
both. The court can order for the forfeiture of an animal subjected to cruelty,
and after that, the animal is considered government property. The court can
also prohibit the convicted person from having custody of any animal. This ban
can be permanent or either for a fixed period and decided by the court.

Explain the role of judiciary in protecting environment

and sustainable development.

Judicial remedies for environment

pollution
The remedies available in India for environmental protection comprise of tortuous
as well as statutory law remedies. The tortuous remedies available are trespass,
nuisance, strict liability and negligence. The statutory remedies incorporates:
Citizen’s suit, e.g.,

• an activity brought under Section 19 of the Environmental (Protection)

Act, 1986,
• an activity under area 133, Criminal Procedure Code, 1973.and
• and activity brought under the Section 268 for open irritation, under
Indian Penal Code,1860
•
Apart from this, a writ petition can be filed under Article 32 in the Supreme Court of
India or under Article 226 in the High Court.

Tortious liability
The Indian judiciary has developed the following tortuous remedies:

Damage
In the recent case of Shriram Gas Leak, involving a leakage of Oleum gas which
resulted in substantial environmental harm to the citizens of Delhi, the Apex court
held that the quantum of damages awarded must be proportionate to the capacity
and magnitude of the polluter to pay. However, the Apex Court has deviated from
this test in the Bhopal Gas Tragedy[vi].
Injunction
The purpose of injunction is to prevent continuous wrong. The grant of perpetual
injunction is governed by Sec.37 to 42 of the Specific Relief Act, 1963.

Nuisance
Nuisance means the act which creates hindrance to the enjoyment of the person in
form of smell, air, noise, etc.

According to Stephen, nuisance is anything done to hurt or annoyance of lands,

tenements of another and not amounting to trespass.

Nuisance can be divided into two categories:

Private Nuisance – It is a substantial and unreasonable interference with the use

and enjoyment of one’s land.

Public Nuisance – It is an unreasonable interference with a general right of the

public.

Trespass
It means intentional or negligent direct interference with personal or proprietary
rights without lawful excuses.
The two important requirements for trespass are:

1) There must be an intentional or negligent interference with personal or

proprietary rights.

2) The interference with the personal or proprietary rights must be direct rather
than consequential.

Negligence
It connotes failure to exercise the care that a reasonably prudent person would
exercise in like circumstances.

Strict Liability

The rule enunciated in Rylands v. Fletcher by Blackburn J. is that the person who
for his own purpose brings on his land and collects and keeps there anything likely
to be a mischief, if it escapes, must keep it as its peril, and if he does not do so is
prima facie even though, he will be answerable for all the damage which is the
natural consequence of its escape. The doctrine of strict liability has considerable
utility in environmental pollution cases especially cases dealing with the harm
caused by the leakage of hazardous substances[vii].

Some remarkable principles and

doctrines propounded by the Indian
judiciary:-
1. Doctrine Of Absolute Liability
THE BHOPAL CASE: Union Carbide Corporation v. Union Of India[viii]
In this case, the court held that, where an enterprise is occupied with an inherently
dangerous or a hazardous activity and harm results to anybody by virtue of a mishap
in the operation of such dangerous or naturally unsafe movement coming about, for
instance, in getaway of poisonous gas, the enterprise is strictly and completely
obligated to repay every one of the individuals who are influenced by the accident
and such risk is not subject to any exemptions. Accordingly, Supreme Court created
another trend of Absolute Liability without any exemption.

2. Polluter Pays Principles

“If anyone intentionally spoils the water of another … let him not only pay damages,
but
purify the stream or cistern which contains the water…” – Plato
Polluter Pays Principle has become a very popular concept lately. ‘If you make a
mess, it’s your duty to clean it up ‘- this is the fundamental basis of this slogan. It
should be mentioned that in environment law, the ‘polluter pays principle’ does not
allude to “fault.” Instead, it supports a remedial methodology which is concerned
with repairing natural harm. It’s a rule in international environmental law where
the polluting party pays for the harm or damage done to the natural environment.

Vellore Citizen’s Welfare Forum v. Union of India[ix]

The Supreme Court has declared that the polluter pays principle is an essential
feature of the sustainable development.

3. Precautionary Principle
The Supreme Court of India, in Vellore Citizens Forum Case, developed the following
three concepts for the precautionary principle:

Environmental measures must anticipate, prevent and attack the causes of

environmental degradation

Lack of scientific certainty should not be used as a reason for postponing measures

Onus of proof is on the actor to show that his action is benign

5. Public Trust Doctrine

The Public Trust Doctrine primarily rests on the principle that certain resources like
air, water, sea and the forests have such a great importance to people as a whole that
it would be wholly unjustified to make them a subject of private ownership.

M.C.Mehta v. Kamal Nath and Others[x]

The public trust doctrine, as discussed by court in this judgment is a part of the law
of the land.

5. Doctrine Of Sustainable Development

The World commission on Environment and Development (WCED) in its report
prominently known as the ‘Brundtland Report’ named after the Chairman of the
Commission Ms. GH Brundtland highlights the concept of sustainable development.
As per Brundtland Report, Sustainable development signifies ” development that
meets the needs of the present without compromising the ability of the future
generations to meet their own needs”[xi]. There is a need for the courts to strike
a balance between development and environment.
Rural Litigation and Entitlement Kendra v. State of UP[xii]
The court for the first time dealt with the issue relating to the environment and
development; and held that, it is always to be remembered that these are the
permanent assets of mankind and or not intended to be exhausted in one generation.

Vellore Citizen’s Welfare Forum[xiii]

In this case, the Supreme Court observed that sustainable development has come to
be accepted as a viable concept to eradicate poverty and improve the quality of
human life while living within the carrying capacity of the supporting eco- system.

The Constitutional aspects on

environmental law
The Indian Constitution is amongst the few in the world that contains specific
provisions on environment protection. The chapters directive principles of state
policy and the fundamental duties are explicitly enunciated the nation commitment
to protect and improve the environment. It was the first time when responsibility of
protection of the environment imposed upon the states through Constitution (Forty
Second Amendment) Act, 1976.

Article 48-A[xiv] the provision reads as follows: “The State shall endeavor to
protect and improve the environment and to safeguard the forest and wildlife
of the country.”The Amendment also inserted Part VI-A (Fundamental duty) in the
Constitution, which reads as follows:
Article 51-A (g)[xv] “It shall be duty of every citizen of India to protect and improve
the natural environment including forests, lakes,, and wildlife and to have
compassion for living creature.”
In Sachidanand Pandey v. State of West Bengal[xvi], the Supreme Court observed
“whenever a problem of ecology is brought before the court, the court is bound to
bear in mind Article 48-
A and Article 51-A(g).

Environmental protection: the

judicial approach
There are numbers of the following judgments which clearly highlight the active role
of judiciary in environmental protection these are follows:

(A) The Right To A Wholesome Environment

Charan Lal Sahu Case
The Supreme Court in this case said, the right to life guaranteed by Article 21 of the
Constitution includes the right to a wholesome environment.[xvii]
Damodhar Rao v. S. 0. Municipal Corporation Hyderabad
The Court resorted to the Constitutional mandates under Articles 48A and 51A(g) to
support this reasoning and went to the extent of stating that environmental pollution
would be a violation of the fundamental right to life and personal liberty as enshrined
in Article 21 of the Constitution[xviii].
(B) Public Nuisance: The Judicial Response
Ratlam Municipal Council v. Vardhichand[xix]
The judgment of the Supreme Court in instant case is a land mark in the history of
judicial activism in upholding the social justice component of the rule of law by fixing
liability on statutory authorities to discharge their legal obligation to the people in
abating public nuisance and making the environmental pollution free even if there
is a budgetary constraints., J. Krishna Iyer observed that,” social justice is due to
and therefore the people must be able to trigger off the jurisdiction vested for their
benefit to any public functioning.”Thus he recognized PIL as a Constitutional
obligation of the courts.
(C) Judicial Relief Encompasses Compensation To
Victims
Delhi gas leak case: M.C. Mehta v. Union of India[xx],
In instant case, the Supreme Court laid down two important principles of law:

1) The power of the Supreme Court to grant remedial relief for a proved infringement
of a fundamental right (in case if Article21) includes the power to award
compensation.

2) The judgment opened a new frontier in the Indian jurisprudence by introducing

a new “no fault” liability standard (absolute liability) for industries engaged in
hazardous activities which has brought about radical changes in the liability and
compensation laws in India. The new standard makes hazardous industries
absolutely liable from the harm resulting from its activities.

(D) Fundamental Right To Water

The fundamental right to water has evolved in India, not through legislative action
but through judicial interpretation. In Narmada Bachao Andolan v. Union of India
and Ors., the Supreme Court of India upheld that “Water is the basic need for the
survival of human beings and is part of the right to life and human rights as
enshrined in Article 21 of the Constitution of India … and the right to healthy
environment and to sustainable development are fundamental human rights implicit
in the right to life[xxi].

Conclusion/ Suggestions
Thus, after the analysis of above cases, we find that, the Supreme Court is, at the
present time, stretching the different legal provisions for environmental protection.
In this way, the judiciary tries to fill in the gaps where there is laciness of the
legislation. These new innovations and developments in India by the judicial activism
open the numerous approaches to help the country. In India, the courts are
extremely cognizant and cautious about the special nature of environmental rights,
considering that the loss of natural resources can’t be renewed. There are some
recommendations which need to be considered.

Public Awareness
In India, media is the fourth pillar of the popular government. It plays an
exceptionally essential and compelling part in the general improvement of the
country. The effect of media can be seen in the different trials directed by it just by
publishing them in their media. Accordingly, the issue of environmental pollution
can be checked by making mindfulness in the general population, in which media’s
part is extremely critical. The compelling agency of correspondence not just
influences the mind of the individuals but is also capable of developing thoughts and
desirable attitudes of the people for protecting environment.

Regular Inspection
There is a requirement for a standard review apparatus, which can inspect and
examine periodically every one of those exercises which are threatening the
environment. This would be a successful step towards environment protection, since
prevention is better than cure.

Environmental Education
There is no means for any law, unless it’s an effective and successful implementation,
and for effective implementation, public awareness is a crucial condition. Therefore,
it is essential that there ought to be proper awareness. This contention is additionally
maintained by the Apex Court in the instance of M.C. Mehta v. Union of India. In this
case, Court directed the Union Government was obliged to issue directions to all the
State governments and the union territories to enforce through authorities as a
condition for license on all cinema halls, to obligatory display free of expense no less
than two slides/messages on environment amid each show. Moreover, Law
Commission of India in its 186th report made a proposal for the constitution of the
environment court[xxii]. Hence, there is an urgent need to strengthen the hands of
judiciary by making separate environmental courts, with a professional judge to
manage the environment cases/criminal acts, so that the judiciary can perform its
part more viably[xxiii]

National Green Tribunal

The need for a national tribunal to dispose of matters related to environmental
protection was first felt in 1986 by the Supreme Court in the Oleum gas leak
case and later by the law commission in its 186th report in 2003.

The National Green Tribunal was formed in the year 2010 under Section 3 of
the National Green Tribunal Act, 2010.

It is a statutory body formed for the expeditious disposal of disputes relating to

environmental protection and conservation of natural resources.
The formation of this specialised agency was guided by the provisions of Article
21 of the Indian Constitution. Article 323(B) of the Indian Constitution provides
for the establishment of tribunals in the country.

The National Green Tribunal is not bound by either the Code of Civil Procedure
(1908) or the Indian Evidence Act (1872) but works on the principles of natural
justice.

The working of the NGT is guided by two basic principles- ‘the polluter pays’
principle and ‘sustainable development’ principle.

After the establishment of NGT, India became the third country, after
Australia and New Zealand, to come up with a national forum for addressing
issues of environmental protection.

Section 4 of the NGT Act provides for the composition of the tribunal. The
members of the National Green Tribunal can be divided under three heads: the
chairperson, the judicial members and the expert members.

Principal Bench of the NGT has been established in the National

Capital – New Delhi, with regional benches in Pune (Western Zone
Bench), Bhopal (Central Zone Bench), Chennai
(SouthernBench) and Kolkata (Eastern Bench)

The major drawback of this limitation is that a person

cannot approach the NGT for every environmental issue.

Powers and Jurisdiction

• According to Section 14(1), the National Green

Tribunal has jurisdiction over all civil cases involving
substantial question relating to environment
(including enforcement of any legal right relating to
environment).
• The Water (Prevention and Control of Pollution) Act,
1974, The Water (Prevention and Control of
Pollution) Cess Act, 1977, The Forest (Conservation)
 Act, 1980, The Air (Prevention and Control of
Pollution) Act, 1981, The Environment (Protection)
Act, 1986, The Public Liability Insurance Act, 1991
and The Biological Diversity Act, 2002

While passing any order/decision/ award, it shall apply

the principles of sustainable development, the
precautionary principle and the polluter pays principle.
An order/decision/award of Tribunal is executble as a decree of a
civil court

• Imprisonment for a term which may extend to three years,

• Fine which may extend to ten crore rupees,
• Both fine and imprisonment.

An appeal against order/decision/ award of the NGT lies to the

Supreme Court, generally within ninety days from the date of
communication.

Public Interest Litigation

introduction
▪ Public interest Litigation (PIL) means litigation
filed in a court of law, for the protection of “Public
Interest”, such as Pollution, Terrorism, Road safety,
Constructional hazards etc. Any matter where the
interest of public at large is affected can be
redressed by filing a Public Interest Litigation in a
court of law.
Public interest litigation is the power given to the public by courts
through judicial activism. However, the person filing the petition
must prove to the satisfaction of the court that the petition is
being filed for a public interest and not just as a frivolous
litigation by a busy body.

▪ The liberal interpretation of locus standi where any person can

apply to the court on behalf of those who are economically or
physically unable to come before it has helped. Judges
themselves have in some cases initiated suo moto action based
on newspaper articles or letters received.
▪ The character of the Indian Constitution. India has a written
constitution which through Part III (Fundamental Rights) and Part
IV (Directive Principles of State Policy) provides a framework for
regulating relations between the state and its citizens and
between citizens inter-se.
▪ Although social and economic rights given in the Indian
Constitution under Part IV are not legally enforceable, courts have
creatively read these into fundamental rights thereby making
them judicially enforceable. For instance the "right to life" in
Article 21 has been expanded to include right to free legal aid,
right to live with dignity, right to education, right to work, freedom
from torture, bar fetters and hand cuffing in prisons, etc.

2.Some of the matters which are entertained under PIL

are:

1. Bonded Labour matters

2. Neglected Children

3. Non-payment of minimum wages to workers and

exploitation of casual workers
 4. Atrocities on women

5. Environmental pollution and disturbance of

ecological balance

6. Food adulteration

7. Maintenance of heritage and culture

3.Who Can File a PIL and Against Whom?

▪ Any citizen can file a public case by filing a petition:

o Under Art 32 of the Indian Constitution, in the

Supreme Court.
o Under Art 226 of the Indian Constitution, in the High
Court.
o Under sec. 133 of the Criminal Procedure Code, in
the Court of Magistrate
4.Environment Protection through Writs & Public Interest
Litigation [Remedies under Article 32 & 226]

The Supreme Court & High Courts have consistently in numerous

cases held that environmental, ecological, air & water pollution
amount to violation of right to life assured by Article 21 of the
Constitution of India which encompasses basic right to live in a
clean & healthy environment & group of collective environment
rights.

Article 32 guarantees the right to move to the Supreme Courts

by appropriate proceedings for the enforcement of rights
conferred by Part III of the Constitution.
Article 226 of the Constitution confers power on High Courts to
issue directions, orders or writs for the enforcement of rights
conferred by Part III of the Constitution and for any other
purpose

The Supreme Court and High Courts in India possess concurrent

powers to issue orders & writs for enforcement of fundamental
rights.

The Supreme Court in Vellore Citizens Welfare Forum Case [AIR

1996 SC 2715] has observed that the High Courts would be in a
better position to deal with environmental issues pertaining to
region over which it exercises jurisdiction and requested the Chief
Justices of respective High Courts to constitute a 'Green Bench'
for the purpose of adjudication public interest environmental
litigations.

in India in 1981 a petition titled as ‘S.P Gupta v. Union of India’

first time defined PIL. The concept of Public Interest Litigation
(PIL) is in consonance with the principles enshrined in Article
39A of the Constitution of India to protect and deliver prompt
social justice with the help of law.

Justice P. N. Bhagwati and Justice V. R. Krishna Iyer are

referred as father of PIL as it was these two judges who initiated
the process of entertaining PIL’s and passing bold orders directing
governments to protect people and environment.

Who can file the Public Interest Litigation?

1. Any person or NGO on behalf of group of affected persons

2. Persons whose rights are affected

3. Any Public Spritied person can file the case

5.Rationale Behind PIL

PIL is used by the judiciary and proactive citizens and groups to

achieve this objective.

PIL is useful tool for the public with a conscience to bring certain
broad matters of public interest to the attention of the Court

sound jurisprudential support and immense practical impact.

Justice Kuldip Singh, former judge Supreme Court, stated

that the Constitution of India is a living tree and not a static
document.

the Supreme Court has a regular Forest Bench (Green Bench) and
regularly passes orders and directions regarding various forest
cover, illegal mining, destruction of marine life and wild life

6. case law on pil

1. M. C. Mehta & another v. Union of India and others [AIR

1987 SC 1086]. The court in this case has clearly laid down that
an enterprise which is engaged in a hazardous or inherently
dangerous industry which poses a potential threat to the health
and safety of the persons working in the factory and residing in
the surrounding area owes an absolute and non-delegable duty
to the community to ensure that no such harm results to anyone
on account of hazardous or inherently dangerous nature of the
activity which it has undertaken.
2. Rural Litigation and Entitlement Kendra, Dehradun and
others v. State of U. P. and others the Supreme Court ordered
closure of all lime-stone quarries in the Doon Valley taking notice
of the fact that lime-stone quarries and excavation in the area
had adversely affected water springs and environmental ecology.
While commenting on the closure of the 233 lime-stone quarries,
 the court stated that this would undoubtedly cause hardship to
owners of the lime-stone quarries, but it is the price that has to
be paid for protecting and safeguarding the right of the people to
live in healthy environment with minimal disturbance of
ecological balance and without avoidable hazard to them and to
their cattle, homes and agricultural land and undue affectation of
air, water and environment.
3. M. C. Mehta v. Union of India & others, relates to pollution
caused by the trade effluents discharged by tanneries into Ganga
river in Kanpur. The court called for the report of the Committee
of experts and gave directions to save the environment and
ecology. It was held that “in Common Law the Municipal
Corporation can be restrained by an injunction in an action
brought by a riparian owner who has suffered on account of the
pollution of the water in a river caused by the Corporation by
discharging into the river insufficiently treated sewage from
discharging such sewage into the river. But in the present case
the petitioner is not a riparian owner. He is a person interested in
protecting the lives of the people who make use of the water
flowing in the river Ganga and his right to maintain the petition
cannot be disputed. The nuisance caused by the pollution of the
river Ganga is a public nuisance, which is widespread in range
and indiscriminate in its effect and it would not be reasonable to
expect any particular person to take proceedings to stop it as
distinct from the community at large. The petition has been
entertained as a Public Interest Litigation. On the facts and in
the circumstances of the case, the petitioner was entitled to
move the Supreme Court in order to enforce the statutory
provisions which impose duties on the municipal authorities and
the Boards constituted under the Water (Prevention and Control
of Pollution) Act, 1974”.
4. Vellore Citizens Welfare Forum v. Union of India and others
[AIR 1996 SC 2715], the Supreme Court ruled that
precautionary principle and the polluter pays principle are part of
the environmental law of the country. The Court declared Arts.
47, 48A and 51A(g) to be part of the constitutional mandate to
protect and improve the environment.
5. M. C. Mehta v. Union of India and others [AIR 1997 SC 734],
the Supreme Court observed that in order to preserve and
protect the ancient monument Taj Mahal from sulphurdioxide
emission by industries near Taj Mahal, the Court ordered 299
industries to ban the use of coke/coal. The court further directed
them to shift over to Compressed Natural Gas (CNG) or re-locate
them.
6. Karnataka Industrial Areas Development Board v. Sri C.
Kenchappa & others [AIR 2006 SC 2038], observed that there
has to be balance between sustainable development and
environment. The Court observed that before acquisition of lands
for development, the consequence and adverse impact of
development on environment must be properly compehended
and the lands be acquired for development that they do not
gravely impair the ecology and environment; State Industrial
Areas Development Board to incorporate the condition of
allotment to obtain clearance from the Karnataka State Pollution
Control Board before the land is allotted for development. The
said directory condition of allotment of lands be converted into a
mandatory condition for all the projects to be sanctioned in
future.
7. Rajiv Ranjan Singh ‘Lalan’ and another v. Union of India
and others [(2006) 6 SCC 613] this public interest litigation
relates to the large scale defalcation of public funds and
falsification of accounts involving hundreds of crores of rupees in
the Department of Animal Husbandary in the State of Bihar. It
was said that the respondents had interfered with the
appointment of the public prosecutor. This court gave significant
directions in this case.
8. M. C. Mehta v. Union of India and others [AIR 2007 SC 1087],
a project known as “Taj Heritage Corridor Project” was initiated
by the Government of Uttar Pradesh. One of the main purpose
for which the same was undertaken was to divert the River
Yamuna and to reclaim 75 acres of land between Agra Fort and
the Taj Mahal and use the reclaimed land for constructing food
plazas, shops and amusement activities. The Court directed for a
detailed enquiry which was carried out by the Central Bureau of
Investigation (CBI). On the basis of the CBI report, the Court
 directed registration of FIR and made further investigation in the
matter. The court questioned the role played by the concerned
Minister for Environment, Government of Uttar Pradesh and the
Chief Minister, Government of Uttar Pradesh. By the intervention
of this Court, the said project was stalled.

9. Vehicular pollution in Delhi, 1999: Supreme Court held that

the duty is caste upon State under Article 47 and 48-A in
particular of Part IV, of the Constitution of India, is to be read as
conferring the corresponding right on the citizens and therefore
the right under Article 21 at least must be read to include the
same within its ambit. The Supreme Court pointed out that
chronic exposure to the polluted air due to vehicular pollution /
emission results in the violation of the right to life, which
includes right to good health.

10. Intellectual Forum v. State of AP [AIR 2006 SC 1350]:

The Supreme Court held that environment protection and
Conservation of natural resources has been given a status of
fundamental rights and brought under Article 21of the
Constitution.

11. Research Foundation for Science, Technology and

Natural Resource Policy v. Union of India [AIR 2007 SC
(SUPP) 852]: The Supreme Court clearly stated that the Right to
information and community participation necessary for
protection of environment and human health is an inalienable
part of Article 21 and is governed by the accepted environment
principles.

12. . Indian Council for Environ-legal Action v. Union of

India [AIR 1996 SC 1446]: Supreme Court ruled that if there is
violation of the right to life because of pollution caused by the
activities of private companies their actions are amenable to Writ
Jurisdiction. In the present case Court directed for closure of
delinquent industries.
13. Narmada Bachao, 2000: It was held by the Supreme
Court that ‘Right to Water’ is a fundamental right under Article
21 of the Constitution. Supreme Court held with majority view
that presumption that construction of Sardar Sarovar Dam will
result in ecological imbalance is not correct as people will
prosper with improved irrigation.

14. T.N Godavaran, 2006: Natural resources are the assets

of entire nation. It is obligation of all concerned; including the
Union Governments and State Governments to conserve and not
to exploit these resources. Any threat to ecology will lead to
violation of right of enjoyment of healthy life as guaranteed
under Article 21 of the Constitution

15. Ratlam Municipal Council v. Vardhichand, (AIR 1980

SC 1622) where the Municipal body of the city of Ratlam, had
failed to perform its duty of ensuring establishment of a proper
drainage system on the grounds of paucity of funds, the
Supreme Court had introduced the concept of PIL for the first
time and had observed that a responsible Municipal Council
constituted for the precise purpose of preserving public health,
cannot escape from its primary duty by pleading financial
inability.