Environmental

Aspects
 Sector specific statutes
 General Environmental Statutes
 Sector specific statutes and rules
– Petroleum and Natural Gas Rules, 1959
– Petroleum Rules, 1976
– Merchant Shipping Act, 1958
 General
 Water(Prevention and Regulation of
Pollution)Act, 1974
 Air(Prevention and Control of
Pollution) Act,1987.
 Environment(Protection) Act, 1986

 Indian Forest Act, 1927

 Forest (Conservation) Act, 1980

 Public Liability Insurance Act, 1991.
 Wild Life (Protection) Act, 1972

 National Environment Appellate

Tribunal Act, 1997

 National Environment Tribunal Act,

1995.
 An Overview of Indian Environmental
Law
 Flurry of Legislations

 Lax Enforcement

 Assertive Judicial Oversight

 Legislations
 Two trigger events

– United Nations Conference on the Human

Environment, Stockholm, 1972
– Bhopal Gas Tragedy, 1984.
 Post Stockholm
 Constitutional Amendments (1976)

– Article 48A
– Article 51A (g)
– Entries 17A & 17B List III VII Schedule
 Legislations
– The Water (Prevention and Control of
Pollution) Act, 1974.
– The Air (Prevention and Control of
Pollution) Act, 1981.
– The Water (Prevention and Control of
Pollution) Cess Act, 1977.
 These legislations adhered to the
pattern of numerous other Indian
statutes
 Created yet another agency
administered licensing system
 Breach of the Act invited judge
imposed penalties.
 Post Bhopal Legislations
 The Bhopal Gas Leak Disaster

(Processing of Claims) Act, 1985.

 The Environment (Protection) Act,

1986.
 Amendments to the Air and Water Acts

(1987 & 1988)

 Paradigm shift
 Polluter to show that he/she has not

polluted
 Comprehensive in its coverage
 Enforcement
– “If the mere enactment of laws relating to the
protection of environment was to ensure a clean
and pollution free environment, then India would,
perhaps, be the least polluted country in the
world. But, this is not so. There are stated to be
over 200 Central and State statutes which have
at least some concern with environmental
protection, either directly on indirectly………….
The plethora of such enactments has,
unfortunately, not resulted in preventing
environmental degradation which, on the
contrary, has increased over the years.”
Indian Council for Enviro-Legal Action
v.Union of India, (1996) 5 SCC 281.
 An Assertive Judiciary???!!!
 Public Educator

 Policy Maker

 Super Administrator
 – Judicial Activism
 Absolute Liability
 Polluter Pays Principle

 Precautionary Principle

 Public Trust Doctrine

 Absolute Liability
 Strict Liability is subject to certain

exceptions
– Act of God
– Act of third party
– Plaintiff’s own fault
– Statutory authority
 The principle of absolute liability stipulates
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
that reasonable care was taken while
carrying on the activity.
 It differs from the strict liability principle
in the sense that no exceptions are
permissible.
 Polluter pays principle
– The polluter is liable to damages to the
victims of the pollution as well as the cost
of reversing the ecological damage.
 Precautionary Principle
 In the Indian Context means:

(i) Environment measures - by the State

Government and the
statutory Authorities must anticipate,
prevent' and
attack the causes of environmental
degradation.
 (ii) Where there are threats of serious
and irreversible damage lack of
scientific certainly should not be used
as the reason for postponing,
measures to prevent
environmental depredation.
(iii)The "Onus of proof" is on the
actor or the
developer/industrial to show that his
action is environmentally benign.
Public Trust Doctrine
Based on the ancient Roman and
Common Law principles:
 The state is the trustee of all natural
resources which are by nature meant for
public use and enjoyment. Public at large is
the beneficiary of the seashore, running
waters,airs, forests and ecologically fragile
lands. The state as a legal trustee is under a
legal duty to protect the natural resources.
 These resources meant for public use
cannot be converted into private
ownership.
 Environment Impact Assessment
 An effort to anticipate, measure and
weigh the socio-economic and bio-
physical changes that may result from
a proposed project
 It assists decision makers in
considering the proposed project’s
environmental costs and benefits.
 Environmental Clearance is necessary
for 30 specified categories of projects.
 These groups can be classified under

the following five broad categories:

 1. Industry
 2. Mining

 3. Thermal Power

 4. River Valley and Hydro

Electric Projects
 5. Infrastructure and
Miscellaneous projects
Now Governed by
ENVIRONMENTAL IMPACT ASSESSMENT
NOTIFICATION-2006