MODULE 1

The Stockholm Declaration

• The UN Conference on Human Environment (UNCHE) was held in Stockholm, Sweden in June
1972.

• Various stakeholders were present in the Conference including the States (113), NGO’s (400),
Inter-governmental Agencies (19) and Journalist (6000).

• It was one of the first major conference on international environment issues.

Outcomes

• The Conference resulted in: -

a. The Stockholm Declaration containing 26 principles

b. An Action Plan

c. A Resolution on Institutional and Financial Arrangements

d. Resolution on designation of a World Environment day

• This turned out to be an initiative towards ‘sustainability revolution’

Few of the Key Principles of Stockholm Declaration

• Human Rights must be asserted

• Natural Resources need to be protected

• The Earth’s capacity to produce renewable resources must be maintained

• Wildlife must be safeguarded

• Non-renewable resources must be shared and not exhausted

• prevent pollution to not exceed the environment's capacity to clean itself

• to use development as a way of action

The Action Plan Recommendations

• 109 recommendations adopted consensus

• identifies specific environmental actions to address environmental issues and divides them
as follows: -

1. a global environmental assessment program ("Earthwatch")

2. environmental management activities

3. international measures to support the national and international actions of assessment and
management

Consequences of the UNCHE

• Turned environment into a major international issue.

 • Highlighted the necessity to safeguard natural resources.

• Linkage between environmental and developmental concerns.

Declaration on the Human Environment contained in the report of UNCHE compared to the UDHR

Recommendations under UNCHE

• Establishment of UNEP for better coordination and environmental action

• To organize similar conferences every ten years

UNEP

 Stands for The United Nations Environment Programme.

 Responsible for coordinating the UN's environmental activities and assisting developing
countries in implementing environmentally sound policies and practices.

 UNEP was founded in 1972 by Canadian businessman and philanthropist Maurice Strong, its
first director, following the United Nations Conference on the Human Environment
(Stockholm Conference).

Its mandate covers a wide range of areas including:

 Atmosphere,

 Marine and Terrestrial Ecosystems,

 Environmental Governance, and

 Green Economic Development.

UNEP's activities include

 developing international environmental conventions;

 promoting environmental science and information;

 working with public and private stakeholders on developing and implementing policy;

 funding and implementing environmental development projects, such as reforestation and

wetlands restoration; and

 formulating guidelines on issues such as the international trade in potentially harmful

chemicals, transboundary air pollution, and contamination of international waterways.

 It also maintains a repository of scientific and environmental research.

 As a member of the United Nations Development Group, UNEP aims to help the world meet
the 17 Sustainable Development Goals.

 UNEP is also one of several "Implementing Agencies" for the Global Environment Facility
(GEF), the Multilateral Fund for the Implementation of the Montreal Protocol, and the
International Cyanide Management Code.

UNEP's structure includes eight substantive Divisions:

  Science Division

 Policy and Programme Division

 Ecosystems Division

 Economy Division

 Governance Affairs Office

 Law Division

 Communication Division

 Corporate Services Division

Notable achievements

 UNEP has registered several successes, such as:

 The 1987 Montreal Protocol for limiting emissions of gases blamed for thinning the planet's
protective ozone layer,

 The 2012 Minamata Convention, a treaty to limit toxic mercury.

 Sponsored the development of solar loan programmes

 UNEP sponsors the Marshlands project in the Middle East.

 A programme for young people known as Tunza.

 International Environmental Education Programme (1975-1995)

 UN Environment is the co-chair and a founding partner for the Platform for Accelerating the
Circular Economy

 The Regional Seas Program

Reform:

 Following the publication of Fourth Assessment Report of the Intergovernmental Panel on

Climate Change (IPCC) in February 2007, the "Paris Call for Action" — called for the United
Nations Environment Programme to be replaced by a new and more powerful "United
Nations Environment Organization (UNEO)", to be modelled on the World Health
Organization.

 In December 2012, following the Rio+20 Summit, a decision by the General Assembly of the
United Nations to "strengthen and upgrade" the UN Environment Programme (UN
Environment) and establish universal membership of its governing body was confirmed.

UN Conference on Environment & Development, 1992

A new blueprint for international action on the environment

The United Nations Conference on Environment and Development (UNCED), also known as the
'Earth Summit', was held in Rio de Janeiro, Brazil, from 3-14 June 1992. This global conference,
held on the occasion of the 20th anniversary of the first Human Environment Conference in
Stockholm, Sweden, in 1972, brought together political leaders, diplomats, scientists,
representatives of the media and non-governmental organizations (NGOs) from 179 countries for
a massive effort to focus on the impact of human socio-economic activities on the environment. A
'Global Forum' of NGOs was also held in Rio de Janeiro at the same time, bringing together an
unprecedented number of NGO representatives, who presented their own vision of the world's
future in relation to the environment and socio-economic development.

The Rio de Janeiro conference highlighted how different social, economic and environmental
factors are interdependent and evolve together, and how success in one sector requires action in
other sectors to be sustained over time. The primary objective of the Rio 'Earth Summit' was to
produce a broad agenda and a new blueprint for international action on environmental and
development issues that would help guide international cooperation and development policy in the
twenty-first century.

The 'Earth Summit' concluded that the concept of sustainable development was an attainable goal
for all the people of the world, regardless of whether they were at the local, national, regional or
international level. It also recognized that integrating and balancing economic, social and
environmental concerns in meeting our needs is vital for sustaining human life on the planet and
that such an integrated approach is possible. The conference also recognized that integrating and
balancing economic, social and environmental dimensions required new perceptions of the way
we produce and consume, the way we live and work, and the way we make decisions.
This concept was revolutionary for its time, and it sparked a lively debate within governments and
between governments and their citizens on how to ensure sustainability for development.

The Principles at Rio Conference

 Human beings are at the centre of concerns for sustainable development. They are entitled
to a healthy and productive life in harmony with nature.
 The right to development must be fulfilled so as to equitably meet developmental and
environmental needs of present and future generations.
 In order to achieve sustainable development, environmental protection shall constitute an
integral part of the development process and cannot be considered in isolation from it.
 All States and all people shall cooperate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development
 The special situation and needs of developing countries, particularly the least developed and
those most environmentally vulnerable, shall be given special priority.
 States shall cooperate in a spirit of global partnership to conserve, protect and restore the
health and integrity of the Earth's ecosystem.
 Environmental issues are best handled with participation of all concerned citizens, at the
relevant level.
 Environmental standards, management objectives and priorities should reflect the
environmental and development context to which they apply.
 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.
  Women have a vital role in environmental management and development. Their full
participation is therefore essential to achieve sustainable development.

The Outcomes of Rio Conference

The Earth Summit succeeded in presenting new perspectives on economic progress. It was
lauded as the beginning of a new era and its success would be measured by the implementation
— locally, nationally and internationally — of its agreements. Those attending the Summit
understood that making the necessary changes would not be easy: it would be a multi-phased
process; it would take place at different rates in different parts of the world; and it would require
the expenditure of funds now in order to prevent much larger financial and environmental costs
in the future.

1. UN Commission on Sustainable Development

The Earth Summit called on the General Assembly to establish the Commission under the
Economic and Social Council as a means of supporting and encouraging action by
Governments, business, industry and other non-governmental groups to bring about the
social and economic changes needed for sustainable development. Each year, the
Commission reviews implementation of the Earth Summit agreements, provides policy
guidance to Governments and major groups involved in sustainable development and
strengthens Agenda 21 by devising additional strategies where necessary. It also promotes
dialogue and builds partnerships between Governments and the major groups which are
seen as key to achieving sustainable development worldwide.

2. Setting of Standards
In 1995, the Commission also adopted a work programme on the transfer of environmentally
sound technology, cooperation and capacity building. The programme places an emphasis on
three interrelated priority areas: access to and dissemination of information, capacity
building for managing technological change and financial and partnership arrangements. The
Commission is working with the World Trade Organization, the UN Conference on Trade and
Development and the United Nations Environment Programme (UNEP) to ensure that trade,
environment and sustainable development issues are mutually reinforcing.
3. Financing Sustainable Development
At Rio, it was agreed that most financing for Agenda 21 would come from within a country’s
own public and private sectors. However, new and additional external funds were considered
necessary if developing countries were to adopt sustainable development practices. Of the
estimated $600 billion required annually by developing countries to implement Agenda 21,
most — $475 billion — was to be transferred from economic activities in those countries.

KYOTO PROTOCOL

 The Kyoto Protocol is a protocol to the United Nations Framework Convention on Climate
Change (UNFCCC), aimed at fighting global warming.

 The UNFCCC is an international environmental treaty with the goal of achieving the
"stabilization of greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system.“
  Adopted on 11 December 1997 in Kyoto, Japan, and entered into force on 16 February 2005

 The United Nations organized a conference in Kyoto, Japan to draft an agreement to reduce
global greenhouse gas emissions.

 Each country has a prescribed number of 'emission units' which make up the target
Emission.

 The Kyoto Protocol provides mechanisms for countries to meet their emission targets.

 Under the Protocol, 37 countries ("Annex I countries") commit themselves to a reduction of

four greenhouse gases (GHG) (carbon dioxide, methane, nitrous oxide, sulphur hexafluoride)
and two groups of gases (hydro fluorocarbons and per fluorocarbons) produced by them,
and all member countries give general commitments.

 At negotiations, Annex I countries (including the US) collectively agreed to reduce their
greenhouse gas emissions by 5.2% on average for the period 2008-2012.

 US has not ratified the treaty, the collective emissions reduction of Annex I Kyoto countries
falls from 5.2 % to 4.2% below base year.

International Emissions Trading (IET)

 Under this mechanism, an Annex I Party may transfer Kyoto units to or acquire units from
another Annex I Party.
 Emissions trading does not affect the total assigned amount of Annex I Parties collectively;
rather, it re-distributes the assigned amount among them.
 A Party may acquire an unlimited number of units.

Joint implementation (JI)

 It is a project-based mechanism by which one Annex I Party can invest in a project that
reduces emissions or enhances sequestration in another Annex I Party, and receive credit for
the emission reductions or removals achieved through that project.
 The unit associated with JI is called an emission reduction unit (ERU).
 The Clean Development Mechanism (CDM) is one of the Flexible Mechanisms defined in
the Kyoto Protocol (IPCC, 2007) that provides for emissions reduction projects which
generate Certified Emission Reduction units (CERs) which may be traded in emissions trading
schemes.
 The total projected emission savings from JI by 2012 are about one tenth that of the CDM.

Clean Development Mechanism

 CDM credits may be generated from emission reduction projects or from afforestation and
reforestation projects in non-Annex I Parties.

 CDM create new Kyoto units and their acquisition by Annex I Parties increases both the total
assigned amount available for those Annex I Parties collectively and their allowable level of
emissions.

Common but differentiated responsibility

 Largest share of emissions originated in developed countries.

  Relatively low emissions in developing countries.

 Share of emissions in developing countries will grow to meet their social and development
needs.

Earth Summit +10

 Also known as World Summit on Sustainable Development or Rio+10

 It was organised after 10 years of the first Earth Summit 1992 at Rio de Janeiro to discuss on
the sustainable development by the United Nations.

 The Summit gives a political statement in the form of a Johannesburg Declaration, to be

agreed by world leaders, reaffirming their commitment to work towards Agenda 21 and
sustainable development.

Why was World Summit on Sustainable Development organised?

 The alarming deterioration in the earth's ecosystems compelled the global leaders to
organise the summit to pursue new initiatives on the implementation of sustainable
development and the building of a prosperous and secure future for their citizens
at Johannesburg, South Africa, from 26 August to 4 September, 2002.

Objectives

• Speedily increase access to requirements of human

• Banish underdevelopment and poverty

• Reinforcing the pillers of Sustainable development

Johannesburg Summit - Provisions

• Public Private Partnership (PPP): The Plan of Implementation promoted public-private

partnerships based on legal frameworks established by governments in the area of water.

• Energy Supply: It was emphasized that the global energy supply needed to be diversified and
that renewable energy sources needed to be included.

• Health: The promises made in the battle against HIV/AIDS were reiterated, and emphasis was
placed on the right of States to interpret the Agreement on Trade-Related Aspects of
Intellectual Property Rights in order to promote universal access to medicines.

• Agriculture: The WTO Agreement on Agriculture was the subject of extensive negotiations,
which included market access and the elimination of export subsidies.

• Biodiversity: The Plan of Implementation called for the creation of a worldwide regime to
ensure a just and equitable distribution of the advantages associated with the utilization of
genetic resources with respect to biodiversity.

• Greenhouse Gasses: For those states that had ratified the Kyoto Protocol to reduce
greenhouse gases, stipulations were added in the text. Those who hadn't already ratified it
were asked to do so right away.

• Poverty: Additionally, the provisions call for the establishment of a global fund of solidarity
for the eradication of poverty as well as the start of ten-year programs to support local,
 regional, and national efforts that speed up the shift to sustainable production and
consumption patterns.

Johannesburg Declaration on Sustainable Dev.

 Reaffirm commitment to sustainable development

 Build humane, equitable and caring global society for the need of human dignity

 Future to inherit a world free of indignity and indecency occasioned by poverty,

environmental degradation and patterns of unsustainable development

 Responding positively to produce a practical and visible plan in bringing about poverty
eradication and human development

Focus Areas:

 Re-examine critical environmental and development issues and formulate innovative,

concrete and realistic proposals for managing them

 Identify accomplishments and areas where further efforts are needed to implement Agenda
21 and other outcomes of the Rio Summit(Earth Summit 1992)

 Identify future challenges and opportunities in the pursuit of a sustainable future

 Renew political commitment and support for sustainable development.

Poverty Alleviation

 Halve the proportion of world’s people income with less than 1$ by 2015

 Establish a world solidarity fund

 Develop national programmes for sustainable development and local & community
development

 Promote women’s equal access to and full participation

 Develop policies to improve indigenous community

 Deliver basic health services

 Ensure child education

Health

 Increase in capacity of health care systems and basic health services

 Promote preservation, development and use of effective traditional medicine

 Develop partnerships to enhance health education

 Promote equitable and improved access to affordable and efficient health services

 Implementing national preventative and treatment strategies

Plan of Action
  The Johannesburg Summit agreed upon a Plan of Implementation that underlines the
importance of developing and disseminating innovative technologies in energy and other key
sectors, including the private sector.

 Technology transfers to developing countries are highlighted in this plan.

Earth +20 (Rio+20 or the Earth Summit 2012)

Proposed as : Future we want

In 2012, the United Nations Conference on Sustainable Development was also held in Rio, and is
also commonly called Rio+20

It was held from 13 to 22 June

It was intended to set a global sustainability agenda for the coming decade.

Delegates from 183 countries, some of them represented by their presidents, vice-presidents, and
premiers, along with more than 50,000 participants from governments, the private sector, non-
governmental organizations (NGOs) and other groups will attend.

The objectives of the Rio+20 Summit are:

1.To secure renewed political commitment to sustainable development;

2.to assess progress towards internationally agreed goals on sustainable development

3.to address new and emerging challenges.

The Summit also focused on two specific themes:

1. a green economy in the context of poverty eradication and sustainable development

2. an institutional framework for sustainable development.

Hence, stated objectives of Rio+20 are to: renew political commitment, assess progress, and address
challenges.

► Renew Political Commitment to Sustainable Development techniques, discuss structural

modifications within political institutions in relation to development technology.

► Assess Progress on various country commitments to sustainable development practices, look into
gaps in progress, and evaluate the success of outcomes of major international summit meetings on
sustainable development.

► Discuss Emerging Challenges that have become more critical: food crises, water scarcity, natural
disasters, health security, migration, and biodiversity and ecosystem loss; and reach agreement on
comprehensive mitigation.

Key Considerations of Green Economy

 link goals for the environment with those for the economy rather than one taking precedent
over the other.
 integrate the knowledge that ecosystems currently undergo stress from production
techniques, and that extreme poverty still exists throughout the world.
  shift methods of development to those that are both economically and environmentally
friendly.

Key Considerations for Institutional Framework

 Reform UNEP (United Nations Environment Programme)

 Establish a UN Environment Organization (UNEO) or World Environment Organization (WEO)
 Monitor and enforce global agreements on environment and sustainable development
 Strengthen the CSD (Commission on Sustainable Development).

7 CRITICAl ISSUES that need Priority:

1.Disasters: • caused by earthquakes, floods, droughts, hurricanes, tsunami can have devastating
impacts on people, environments and economies. • With a quickening pace of natural disasters
taking a greater toll on lives and property, and a higher degree of concentration of human
settlements, a smart future means planning ahead and staying alert.

2.Oceans • oceans and seas have been vital role for trade and transportation. Careful management
of this essential global resource is a key feature of a sustainable future

3.Water • Clean, accessible water for all is an essential part of the world we want to live in. • Water
scarcity, poor water quality and inadequate sanitation negatively impact food security, livelihood
choices and educational opportunities for poor families across the world.

4.Food • how we grow, share and consume our food. • A profound change of the global food and
agriculture system is needed if we are to nourish today's 925 million hungry and the additional 2
billion people expected by 2050.

5.Cities • hubs for ideas, commerce, culture, science, productivity, social development and much
more • Common city challenges include congestion, lack of funds to provide basic services, a
shortage of adequate housing and declining infrastructure. • The challenges cities face can be
overcome in ways that allow them to continue to thrive and grow, while improving resource use and
reducing pollution and poverty.

6.Energy • Sustainable energy is needed for strengthening economies, protecting ecosystems and
achieving equity.

7.Jobs • Economic action and social policies to create gainful employment are critical for social
cohesion and stability.

Outcomes – Desired Outcomes

New economic model of sustainable development

Real improvement in daily lives

Smarter use of resources

Paris Agreement
Climate Change
 Mostly because of human actions, the concentration of gases like
Carbon-di-oxide, Methane etc has increased in earth’s atmosphere and
has resulted in phenomena called Green House Effect.
 Because of Green House Effect, the average global temperature has
increased, which is known as Global Warming.
 The 2016 average temperatures were about 1.3 °C (2.3 degrees
Fahrenheit) above the average in 1880 when global record-keeping
began.
 It is estimated that the difference between today’s temperature and the
last ice age is about 5°C.
 Global Warming is dangerous all life on earth.
 The only way to deal with the change in climate is to reduce the
emission of Green House Gases (GHGs) like Carbon Di Oxide and
Methane.

What is Paris Agreement?

 In short, Paris Agreement is an international agreement to combat
climate change.
 From 30 November to 11 December 2015, the governments of
195 nations gathered in Paris, France, and discussed a possible new
global agreement on climate change, aimed at reducing global
greenhouse gas emissions and thus reduce the threat of dangerous
climate change.
 The 32-page Paris agreement with 29 articles is widely recognized as a
historic deal to stop global warming.

Aims of Paris Agreement

As countries around the world recognized that climate change is a reality, they
came together to sign a historic deal to combat climate change – Paris Agreement.
The aims of Paris Agreement is as below:

1. Keep the global temperature rise this century well below 2 degrees
Celsius above the pre-industrial level.
 2. Pursue efforts to limit the temperature increase even further to 1.5
degrees Celsius.
3. Strengthen the ability of countries to deal with the impacts of climate
change.

Differentiated responsibilities:
Targets set under the agreement emphasize the greater the need for differentiation in
efforts between developed and developing countries as well as for financial
resources to support ambitious efforts.

 But, developed countries, scarred by the Kyoto Protocol that obliged

only them to take on absolute emissions reduction targets, have
always been fiercely resistant to another differentiated climate
agreement. Even, developed countries, with faltering economies, are
reluctant to pay for global efforts to combat climate change.
 Developing countries are fundamentally opposed both to giving up the
differential treatment that had benefited them thus far and to assuming a
share of the financial burden for lowering emissions.

However, the Paris agreement presses countries as far as they could on

differentiation and finance. The agreement includes a provision requiring
developed countries to send $100 billion annually to their developing
counterparts beginning in 2020. This figure is expected to increase with time.

Paris Agreement: Things to note

 In French, the Paris Agreement is known as L’accord de Paris.
 The key vision of Paris Agreement is to keep global temperatures “well below”
2.0C (3.6F) above pre-industrial times and “endeavour to limit” them even
more, to 1.5C.
 Paris Accord talks about limiting the amount of greenhouse gases emitted by
human activity to the same levels that trees, soil and oceans can absorb
naturally, beginning at some point between 2050 and 2100.
 It also mentions the need to review each country’s contribution to cutting
emissions every five years so they scale up to the challenge.
 Rich countries should help poorer nations by providing “climate finance” to
adapt to climate change and switch to renewable energy.
 The Paris Agreement has a ‘bottom up’ structure in contrast to most
international environmental law treaties which are ‘top down.
 The agreement is binding in some elements like reporting requirements, while
leaving other aspects of the deal such as the setting of emissions targets for any
individual country as non-binding.

MODULE 2
 . The Environment (Protection) Act, 1986 defines environment as
“environment includes water, air and land and the interrelationship which exists
among and between air, water and land and human beings, other living creatures,
plants, micro-organism and property”.

The chapter on fundamental duties of the Indian Constitution clearly imposes

duty on every citizen to protect environment. Article 51-A (g), says that “It shall be
duty of every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wild life and to have compassion for living creatures.”

The Directive principles under the Indian constitution directed towards ideals
of building welfare state. Healthy environment is also one of the elements of welfare
state. Article 47 provides that the State shall regard the raising of the level of nutrition
and the standard of living of its people and the improvement of public health as among
its primary duties. The improvement of public health also includes the protection and
improvement of environment without which public health cannot be assured. Article 48
deals with organization of agriculture and animal husbandry. It directs the State to take
steps to organize agriculture and animal husbandry on modern and scientific lines. In
particular, it should take steps for preserving and improving the breeds and prohibiting
the slaughter of cows and calves and other milch and draught cattle. Article 48 -A of the
constitution says that “the state shall endeavor to protect and improve the environment
and to safeguard the forests and wild life of the country”.

The Constitution of India under part III guarantees fundamental rights which
are essential for the development of every individual and to which a person is
inherently entitled by virtue of being human alone. Right to environment is also a right
without which development of individual and realisation of his or her full potential
shall not be possible. Articles 21, 14 and 19 of this part have been used for
environmental protection.

According to Article 21 of the constitution, “no person shall be deprived of his

life or personal liberty except according to procedure established by law”. Article 21 has
received liberal interpretation from time to time after the decision of the Supreme Court
in Maneka Gandhi vs. Union of India, (AIR 1978 SC 597). Article 21 guarantees
fundamental right to life. Right to environment, free of danger of disease and infection
is inherent in it. Right to healthy environment is important attribute of right to live
with human dignity. The right to live in a healthy environment as part of Article 21 of
the Constitution was first recognized in the case of Rural Litigation and Entitlement
Kendra vs. State, AIR 1988 SC 2187 (Popularly known as Dehradun Quarrying
Case). It is the first case of this kind in India, involving issues relating to environment
and ecological balance in which Supreme Court directed to stop the excavation (illegal
mining) under the Environment (Protection) Act, 1986. In M.C. Mehta vs. Union of
India, AIR 1987 SC 1086 the Supreme Court treated the right to live in pollution free
environment as a part of fundamental right to life under Article 21 of the Constitution.

Excessive noise creates pollution in the society. The constitution of India under
Article 19 (1) (a) read with Article 21 of the constitution guarantees right to decent
environment and right to live peacefully. In PA Jacob vs. The Superintendent of Police
Kottayam, AIR 1993 Ker 1, the Kerala High Court held that freedom of speech under
article 19 (1)(a) does not include freedom to use loud speakers or sound amplifiers.
Thus, noise pollution caused by the loud speakers can be controlled under article 19
(1) (a) of the constitution.

Article 19 (1) (g) of the Indian constitution confers fundamental right on every
citizen to practice any profession or to carry on any occupation, trade or business. This
is subject to reasonable restrictions. A citizen cannot carry on business activity, if it is
health hazards to the society or general public. Thus safeguards for environment
protection are inherent in this. The Supreme Court, while deciding the matter relating
to carrying on trade of liquor in Cooverjee B. Bharucha Vs Excise commissioner,
Ajmer (1954, SC 220) observed that, if there is clash between environmental
protection and right to freedom of trade and occupation, the courts have to balance
environmental interests with the fundamental rights to carry on any occupations.
• In Abhilash Textile v. Rajkot Municipal Corporation, AIR 1988 Gujarat 57,
Court held that:
• “Though a person has a right to carry on any business of his choice, but there is
no right to carry on any business inherently dangerous to society, because the
interests of society are to be balanced with the interests of citizens to carry on
business , hotels are source of environmental pollution.

Public Interest Litigation under Article 32 and 226 of the constitution of India
resulted in a wave of environmental litigation. The leading environmental cases
decided by the Supreme Court includes case of closure of limestone quarries in the
Dehradun region (Dehradun Quarrying case, AIR 1985 SC 652), the installation of
 safeguard at a chlorine plant in Delhi (M.C. Mehta V. Union of India, AIR 1988 SC
1037) etc. In Vellore Citizens Welfare Forum vs. Union of India (1996) 5 SCC
647, the Court observed that “the Precautionary Principle” and “the Polluter Pays
Principle” are essential features of “Sustainable Development.”

At local and village level also, Panchayats have been empowered under the
constitution to take measures such as soil conservation, water management, forestry
and protection of the environment and promotion of ecological aspect.

Environment protection is part of our cultural values and traditions. In

Atharvaveda, it has been said that “Man’s paradise is on earth; this living world is the
beloved place of all; It has the blessings of nature’s bounties; live in a lovely spirit”.
Earth is our paradise and it is our duty to protect our paradise. The constitution of
India embodies the framework of protection and preservation of nature without which
life cannot be enjoyed. The knowledge of constitutional provisions regarding
environment protection is need of the day to bring greater public participation,
environmental awareness, environmental education and sensitize the people to
preserve ecology and environment.
Article 253 of the Constitution which empowers the Parliament of our country to
make laws which can be applicable to the whole or any territory of the country for
implementing any agreement or convention signed with the other country or countries.
The 42nd Amendment to the Constitution of India added Article 48A and 51A(g)
which comes under the Directive Principle of State Policy and the Fundamental Duties
respectively.
Article 14: Right to Equality To protect persons against arbitrary and unfair State actions is
one of the agenda of equality clause.
This Article being a general Article under Part III plays a very important role because it
prohibits arbitrariness. It will not be wrong to say that coexistence of equality and
arbitrariness is impossible. The new dimension of the right to equality which excludes
arbitrariness is often used by judiciary for quashing the permission of construction granted
arbitrarily by State without giving due importance to environmental concern.

Doctrine Of Public Trust and Environmental Law

In the Common Law jurisprudence, a trust is 'the legal relationship between one person having an
equitable ownership in property and another person owning the legal title to such property.'
Accordingly, in the context of the Public Trust Doctrine, the legal title is vested in the state and the
equitable title in the public. Thus the state is responsible as trustee to manage the property in the
interest of the public.

Resources like air, sea, waters and the forests have great importance to the people as a whole that it
would be wrong to make such resources a subject of private ownership.

Natural resources being a gift of nature, should be freely available to everyone irrespective of the
status in life.

The doctrine enjoins upon the Government to protect the resources for the enjoyment of the
general public rather than to permit their use for private ownership or commercial purposes

Public at large is the beneficiary and the State as a trustee is under a legal duty to protect the natural
resources

The Origins of the Public Trust Doctrine

 The origins of the doctrine can be traced back to Roman times.

According to The Institutes of Justinian, ‘by the law of nature, these things are common to mankind
the air, running water, the sea, and consequently the shores of the sea.’

However, Roman principles of acquisition of property were based on the premise of abundance.
Nowadays, due to the scarcity of resources the concept of Public Trust is based on ecological
interdependence.

 In England, this concept appears in the common law, particularly through the
writings of Bracton and Flecta, England’s Magna Carta, and commentary by
Blackstone. These sources are cited as precedent for the notions of common rights
to navigation and fishing.

 In USA the landmark case Illinois Central Railway Co. v. Illinois it was recognized by
the Supreme Court of United States that title to the land held in public trust can only
be granted, when the grant does not impair the public interest or where the grant
improved the public trust.

The Public trust doctrine serves the following purposes

 It mandates affirmative state action for effective management of resources and

 empowers citizens to question ineffective management of natural

resources.

 as leverage during policy deliberations and public scoping sessions and

hearings

 used by the courts as a tool to protect the environment

from many kinds of degradation

Doctrine of Public Trust in India

• Doctrine of Public Trust is still at the stage of emergence

 • It has been held by the Supreme Court that the Doctrine of Public Trust is part of Article 21
of the Indian Constitution since the doctrine fosters a pollution free environment, which is a
part of right to life.

• Article 39 (b) sets out that the State shall, in particular, direct its policy towards securing
that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good

• Moreover, Article 47 of the Indian Constitution provides that “ the state shall endeavour to
protect and improve the environment and to safeguard the forests and wild life of the
country”

Hence, the Constitution has not provided the State the ownership of the resources of environment
or forests, but the position of the State is that of a trustee, who is required to protect and improve
these resources for the public at large

M.I. Builders v Radhey Shyam Sahu AIR 1999 SC 2468

Brief Facts: The Lucknow Municipal Corporation granted permission to a private builder to
construct an underground shopping complex which was against the Municipal Act and
Master plan of the city of Lucknow.

Judgement: The Supreme Court held that the Municipal Corporation, as a trustee for the
proper management of the park, has to be more cautious in dealing with its properties. The
Court added that land of immense value had been handed over to it to construct an
underground shopping complex in violation of the public trust doctrine. The maintenance
of the park, because of its historical importance and environmental necessity, was in itself a
public purpose. In addition, the Municipal Corporation had violated the Public Trust Doctrine
and the Court ordered the demolition of the unauthorized shopping complex.

Sustainable Development

The term sustainable development is generally considered to have been coined by the 1987
Brundtland Report, which defined it as development that meets the needs of the present without
compromising the ability of future generations to meet their own needs.

Evolution:

 Principle of sustainable development received impetus for the first time in modern
developmental era through the Stockholm Declaration during the United Nations Conference
on Human Environment in 1972.

 The concept was very well explained and defined in the Report of the World Commission on
Environment and Development; ‘Our Common Future’ in 1987. (Brundtland Report).

 Earth summit 1992.

Main Features

The main features of the concept of sustainable development may be summarized as follows-

 Every human being is part of community of life, made of all living creatures.
  Every human being has fundamental and equal rights, including the right to access to the
resources needed for a decent standard of living.

 Each person and each society is entitled to respect of these rights and is responsible for the
protection of these rights for all others.

 Every life form warrants respects.

 Everyone should take responsibility for his or her impacts on nature.

 Everyone should aim to share fairly the benefits and costs of resource use.

 The protection of human rights and the rights of nature is a worldwide responsibility that
transcends all cultural, ideological and geographical boundaries.

Elements of Sustainable Development

The Court has listed in Vellore case some of the salient principles of sustainable development as
culled out from Brundtland Report and other international documents, as under-

 Inter-Generational Equity

 Use and Conservation of Natural Resources

 Environmental Protection

 The Precautionary Principle

 Polluter Pays Principle

 Obligation to Assist and Cooperate

 Eradication of Poverty and Financial Assistance to the developing countries.

Note: (Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.)

 CASE LAWS: In Vellore Citizens Welfare Forum V. Union of India the court observed-

“Sustainable Development as defined by the Brundtland Report means development that meets the
needs of the present without compromising the ability of the future generations to meet their own
needs. We have no hesitation in holding that sustainable development as a balancing concept
between ecology and development as a balancing concept between ecology and development has
been accepted as a part of the customary international law. (AIR 1996 SC 2715)

Precautionary Principle

 Important principle of sustainable development.

 Principle 15 of Rio Declaration: “In order to protect the environment, the precautionary
approach shall be widely applied by states. Where there are threats to serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
  Before Stockholm Conference, 1972 there was concept of Assimilative Capacity. As per this
concept the natural environment has capacity to absorb the ill-effects of pollution, but
beyond a certain limit the pollution may cause damage to the environment requiring efforts
to repair it. Therefore the role of environmental agencies will begin only when the upper
limit of the pollution is crossed.

 Various instruments: Convention on Biological diversity, 1992 and Convention on Climate

Change, 1992.

 According to the precautionary principle, when reasonable scientific evidence of any kind
provides enough reason to believe that an activity, technology or substance may be harmful,
action should be taken to prevent such harm. If one waits for scientific certainty, people may
suffer and die, and damage to the natural world may be irreversible.

 The principle states that if there is a risk of severe damage to the

environment absence of any scientific or conclusive proof is not to be
given as a reason for the inaction. The Precautionary Principle shifts
the burden of proof on the shoulders of the person who is arguing that
the activity he is carrying out is not harmful. The principle follows the
approach of being safe than being sorry. This principle is in contrast to
the wait-and-watch approach which is generally followed in
environmental issues. The Precautionary Principle encourages “action
taking” to antedate and prevent damage to the environment. The
Precautionary Principle is one of the most popular legal approaches in
the field of environmental law today. Whereas traditional approaches
are reactive, this approach encourages “action taking” to antedate and
prevent damage to the environment.
 Case Laws:

Vellore Case: Supreme court has accepted that the precautionary principle is a part of
environmental law of the country. The court explained the precautionary principle in the
context of the municipal law as under-

1. Environmental measures by the state governments and the statutory authorities must
anticipate, prevent and attack the cause of environmental degradation.

2. Where there are threats of serious and irreversible damage, lack of scientific certainty
should not be used as a reason for postponing measures to prevent environmental
degradation.

3. The Onus of Proof is on the actor or the developer or industrialist to show that his action is
environmentally benign (gentle and kindly).

Polluter Pays Principle

 It was the Organization for Economic Co-operation and Development (OECD) which first
popularized the polluter pays principle in the early 1970’s.

 The Principle basically means that the producer of goods or other items should be
responsible for the costs of preventing or dealing with any pollution which the process
 causes. This includes environmental costs as well as direct costs to people or property. It also
covers costs incurred in avoiding pollution, and not just those related to remedying any
damage.

 The polluter should pay for the administration of the pollution control system; and

 The polluter should pay for the consequences of the pollution- e.g. compensation and clean-
up.

 The Rio- Declaration adopted in 1992 also recognizes the polluter pays principles. According
to principle 16 of the Declaration- “National authorities should endeavor to promote the
internalization of environmental costs and use of economic instruments, taking into account
the approach that the polluter, in principle bear the cost of pollution.”

The ‘polluter pay’ principle essentially holds the polluter liable for the
pollution caused to the environment. The polluter is liable for every damage
caused to the environment. So according to the ‘polluter pay principle’, the
polluter has to not only compensate the victims of pollution but also
compensate for the restoration of environmental degradation caused Under
1972 and 1974 OECD Recommendation(1)(2), the measures to be taken by
the polluter for controlling the pollution is decided by public authorities so
that the environment is in acceptable state post the industry operation.
Therefore, the polluter bears the cost of health hazard caused to the public
as well as the cost of restoration of the environment. In other words, the
costs of the measures should reflect on the cost of the goods and services,
the production and/or consumption of which led to pollution. The cost of the
measures should not be accompanied by the subsidies as it would lead to
distortion in international trade and investment.
 Case Laws:

Vellore Case: Supreme Court declared in unequivocal terms that the polluter pays principle
is part of the environmental jurisprudence in India. “ The polluter pays principle as
interpreted by this court means that the absolute liability for harm to the environment
extends not only to compensate the victims of pollution but also the cost of restoring the
environmental degradation”.

Case laws:

The "Taj Trapezium Case"

refers to a significant environmental litigation concerning the preservation of the Taj Mahal, a
UNESCO World Heritage Site located in Agra, India. The case was filed in the Indian Supreme Court in
response to concerns about environmental pollution and degradation in the vicinity of the Taj Mahal.

The term "Trapezium" in the case name refers to the trapezoidal-shaped area around the Taj Mahal,
which encompasses several districts and towns. The court case aimed to address various sources of
pollution, including industrial emissions, vehicular pollution, and other factors contributing to the
deterioration of the iconic monument.

Some key aspects of the case include:

 1. Industrial Pollution: Factories and industries in the Taj Trapezium Zone were identified as
major contributors to air and water pollution in the area. The court issued directives to
regulate and mitigate industrial emissions to protect the Taj Mahal and its surroundings.

2. Vehicular Pollution: The high volume of vehicular traffic around the Taj Mahal also posed a
significant threat to its preservation. The court ordered measures to control vehicular
emissions and traffic congestion near the monument.

3. Heritage Preservation: Beyond environmental concerns, the case also emphasized the
importance of preserving the cultural and historical significance of the Taj Mahal. This
included measures to prevent encroachment, vandalism, and other threats to the
monument's integrity.

4. Government Intervention: The case prompted significant government intervention and the
implementation of various conservation and pollution control measures. These efforts
involved multiple stakeholders, including government agencies, environmental experts, and
heritage conservation bodies.

Overall, the Taj Trapezium Case exemplifies the intersection of environmental conservation, cultural
heritage preservation, and legal action in addressing the challenges faced by iconic landmarks like
the Taj Mahal. It underscores the ongoing efforts to safeguard such sites for future generations
amidst modern development pressures and environmental threats.

The Dehradun-Mussoorie quarrying case,

also known as the Dehradun limestone quarrying case, is a landmark legal case concerning
environmental conservation and sustainable development in the Indian state of Uttarakhand.

The case originated from public interest litigation (PIL) filed in the Indian Supreme Court in the
1980s. It focused on the adverse environmental impacts of limestone quarrying activities in the
Dehradun-Mussoorie region of Uttarakhand, particularly in the Mussoorie Hills and the Doon Valley.

Key aspects and implications of the case include:

1. Environmental Degradation: The PIL highlighted the significant environmental degradation

caused by limestone quarrying operations in the region. It raised concerns about
deforestation, loss of biodiversity, soil erosion, and water pollution resulting from
unregulated mining activities.

2. Public Health Concerns: The case also addressed the adverse health effects suffered by local
communities due to air and water pollution resulting from quarrying activities. Respiratory
problems, water contamination, and other health issues were reported among residents
living in proximity to the quarries.

3. Legal Intervention: The Supreme Court of India intervened in response to the PIL, issuing
directives to regulate and restrict limestone quarrying in the Dehradun-Mussoorie region.
The court emphasized the need for sustainable development practices that balance
economic activities with environmental protection and community welfare.

4. Conservation Measures: As a result of the court's intervention, several conservation

measures were implemented, including the establishment of regulatory frameworks for
mining activities, environmental impact assessments, and rehabilitation of affected areas.
 The case set precedents for the judicial oversight of natural resource extraction and
environmental conservation efforts in India.

Overall, the Dehradun-Mussoorie quarrying case exemplifies the role of the judiciary in safeguarding
environmental resources and promoting sustainable development practices. It underscored the
importance of balancing economic growth with environmental protection and social welfare,
particularly in ecologically sensitive regions like the Himalayas.

Vellore Citizens Welfare Forum v. Union of India (1996)

The case of Vellore Citizens Welfare Forum v. Union of India (1996) is a landmark environmental case
heard by the Supreme Court of India. It is often cited as a significant legal precedent concerning
environmental protection and the enforcement of environmental laws in India.

In this case, the Vellore Citizens Welfare Forum, a non-governmental organization representing
citizens in Vellore, Tamil Nadu, filed a Public Interest Litigation (PIL) against various tanneries in the
region. The PIL alleged that these tanneries were releasing untreated effluents into water bodies,
causing severe pollution and harming the environment as well as the health of the local population.

The Supreme Court, after considering the evidence and arguments presented, issued several
directives and judgments aimed at addressing the pollution caused by the tanneries. Some key
outcomes of the case include:

1. Pollution Control Measures: The Supreme Court directed the closure of tanneries that failed
to comply with environmental regulations and guidelines regarding effluent treatment. It
also mandated the installation of effluent treatment plants (ETPs) in all tanneries to ensure
that effluents were treated before discharge.

2. Regulatory Framework: The court emphasized the importance of enforcing existing

environmental laws and regulations governing pollution control. It called for strict monitoring
and enforcement mechanisms to ensure compliance by industries.

3. Legal Precedent: The Vellore Citizens Welfare Forum case set an important legal precedent in
India regarding the liability of industries for environmental pollution. It established that
industries could be held accountable for environmental damage and required to take
measures to mitigate their environmental impact.

4. Public Interest Litigation: The case highlighted the role of Public Interest Litigation (PIL) as a
tool for environmental activism and citizen engagement in addressing environmental issues.
It demonstrated how concerned citizens and non-governmental organizations could use the
legal system to advocate for environmental protection and hold polluting industries
accountable.

Overall, the Vellore Citizens Welfare Forum v. Union of India case contributed significantly to the
development of environmental jurisprudence in India and underscored the judiciary's role in
safeguarding the environment and public health.
The Vishakhapatnam Gas Leak Case

refers to a tragic incident that occurred on May 7, 2020, in Vishakhapatnam (also known as Vizag),
Andhra Pradesh, India. The incident involved a major chemical gas leak from a styrene plant owned
by LG Polymers, a South Korean company.

Styrene gas, a toxic substance used in the production of plastics and resins, leaked from the storage
tanks at the plant during the early hours of the day. The gas spread rapidly throughout nearby
residential areas, affecting thousands of people in the vicinity.

The gas leak led to widespread panic and chaos as residents experienced symptoms such as
breathing difficulties, eye irritation, nausea, and vomiting. Tragically, several deaths were reported,
and many more people were hospitalized for medical treatment.

In the aftermath of the gas leak, there was significant public outcry and demands for accountability.
Various government agencies, including local authorities and environmental regulators, launched
investigations into the incident to determine its causes and to hold those responsible accountable.

Some key aspects and consequences of the Vishakhapatnam Gas Leak Case include:

1. Investigations: Multiple investigations were conducted to ascertain the cause of the gas leak
and to identify any lapses in safety protocols or regulatory compliance. The investigations
involved government agencies, environmental experts, and forensic teams.

2. Legal Proceedings: Legal actions, including criminal charges and civil lawsuits, were initiated
against LG Polymers and its management for their alleged negligence leading to the gas leak.
The company faced allegations of failure to adhere to safety standards and inadequate
maintenance of its facilities.

3. Compensation: The government and LG Polymers offered compensation to the victims and
affected families as part of their response to the incident. This included financial
compensation for medical expenses, loss of livelihood, and other damages suffered by the
affected individuals.

4. Regulatory Reforms: The Vishakhapatnam Gas Leak Case prompted calls for stricter
regulations and oversight of industrial safety and environmental management practices. It
highlighted the need for enhanced monitoring, emergency preparedness, and risk mitigation
measures in industries handling hazardous substances.

Overall, the Vishakhapatnam Gas Leak Case serves as a stark reminder of the potential hazards
associated with industrial activities and the importance of stringent safety measures to prevent such
disasters in the future. It also underscores the need for effective regulatory enforcement and
corporate accountability to protect public health and the environment.
MODULE 3

PREVENTION AND CONTROL OF NOISE POLLUTION

By the 42nd Amendment Act of 1976, Article 48-A and Article 51-A(g). Thus, India became one of few
countries which promise to protect and improve the environment. Our Constitution, by way of
Directive Principles, imposes a duty on every citizen to help to protect our environment.

A question arose before the Supreme Court in the case of State of Rajasthan v. G. Chawla (1959) -
that can State Legislature control loud noise and make it punishable? The apex court said that since
this right is not absolute, State “has the right to control loud noises when the rights of such users, in
disregard to comfort and obligation to others, emerges as a manifest nuisance to them. The state can
make laws in the exercise of its power under “Public Health and Sanitation”. Thus the state can
control loud noises and music and it is within permissible limits of the Constitution.

The Court has made it clear that persons are free to make noise but not at the cost of violating
other’s rights. As soon as it becomes a nuisance, it loses its constitutional freedom. it will also be
violative of Article 51-A(g).

RIGHT TO RELIGION AND NOISE POLLUTION

It has been observed by the Courts that Articles 25 and 26 are not absolute and are subject to certain
restrictions.

Even the Ramleela and Akhanda Path cannot be allowed to produce excessive noise which forces a
man to listen to unwanted noise. Since the right to profess and propagate religion under article 25
also relates to health, the noise caused by loudspeakers can be checked in the interest of the health
of the public.

The Delhi High Court in case of Free Legal Aid Cell Shri Sugan Chand Aggarwal v. Govt. (NCT of
Delhi) (2001) declared:
“…noise can well be regarded as a pollutant because it contaminates the environment, causes
nuisance and affects the health of a person and would, therefore, offend the right to life, of Article
21, if it exceeds reasonable limits. it was also observed by the Court that the effect of noise on health
has not yet full attention of our judiciary…”

What is Noise ?

The expression “noise” has not been defined statutorily. But, the expression “noise” was inserted
into the Air (Prevention & Control of Pollution) Act, 1981 by the Amendment Act. “air pollutant”
means any solid, liquid or gaseous substance including noise present in the atmosphere in such
concentration as may be or tend to be injurious to human being or other living creatures or plant or
property or environment.”

Church of God in India v/s. K K R Majestic Colony Welfare Association & Ors. (AIR 2000 SC 2773)

SC held that no religion prescribes that prayers should be performed by disturbing the peace of
others. The question involved in this case was whether in a country having multiple religious
communities a religious community could claim its right to add to noise pollution on the ground of
religion.

The Supreme Court dealt with the problem of the noise pollution vis-à-vis freedom of religion under
Articles 25 and 26 of the Constitution. The court noted that every fundamental right should coexist in
harmony with the exercise of another fundamental right and there is no ground for permitting noise
pollution caused by voice amplifiers, loudspeakers or musical instruments.

Undisputedly, no religion prescribes that prayers should be performed by disturbing the peace of
others nor does it preach that they should be through voice amplifiers or beating of drums.

In our view, in a civilized society in the name of religion, activities which disturb old or infirm persons,
students or children having their sleep in the early hours or during daytime or other persons carrying
on other activities cannot be permitted.

It should not be forgotten that young babies in the neighbourhood are also entitled to enjoy their
natural right of sleeping in a peaceful atmosphere.

A student preparing for his examination is entitled to concentrate on his studies without there being
any unnecessary disturbance by the neighbours. Similarly, the old and the infirm are entitled to enjoy
reasonable quietness during their leisure hours without there being any nuisance of noise pollution.
Aged, sick, people afflicted with psychic disturbances as well as children up to 6 years of age are
considered to be very sensible to noise. Their rights are also required to be honoured.”

P. A. Jacob v. Supertintendent of Police, Kottayam, 8. 28 AIR 1993 Ker. 1,

it was observed that- compulsory exposure of unwilling persons to dangerous and disastrous level of
noise, would amount to a clear infringement of their constitutional guarantee of right to life under
Article 21.

Other Laws regarding Noise Pollution

1. In Section 133, Code of Criminal Procedure the magistrate court have been
empowered to issue remove or abate nuisance caused by noise pollution u/s 133
empowers and executive magistrate to interfere and remove a public nuisance in the
first instance with a conditional order and then with a permanent one the provision
can be utilized in case of nuance of environment nature.

In Madhavi v. Thilakan 1988 (2) K.L.T. 730

the Kerala High Court adopted a positive approach to the problem of noise pollution by holding that
running of workshop causing nuisance by air pollution and noise pollution in violation of the order
passed under Section133 of Criminal Procedure Code. The Court said that it cannot be justified on
the ground that it provides livelihood to some persons and has regarded right to a safe air
environment free from noise as more important than the right to livelihood.

2. In Law of Torts noise pollution is considered as a civil wrong. Under Law of Torts a
civil suit can be filed claiming damages for the nuisance. For filing a suit under Law of
Torts a plaintiff is required to comply with some if the requirement of torts of
nuisances which are interference should be with the use and enjoyment of land. ,
there should be reasonable interference.

 Compensatory Remedies Under the Law of Tort

  The remedies under the law of tort, which is totally a judge-made law, are the important
field where judicial activism can play a very vital role in controlling “noise pollution”. Noise
pollution is actionable if it amounts to nuisance, and then action for the tort of “nuisance”
can lie. Now it has been completely established by scientific research that excessive noise
can cause physical and mental injury, directly affecting the health of a person. So excessive
noise can be treated as a form of assault and battery in the law of tort and action for that
must be upheld by the courts.

 Under the law of Tort noise pollution is considered as a civil wrong if noise affects person’s
comforts.

It would amount to nuisance, which is actionable and appropriate relief for the victim is
available either in the form of damages or by way of injunction.

In Gotham Construction Co. v. Amulya Krishna Ghose AIR 1969 Cal. 91 , “the court observed
that no money could afford adequate relief to the plaintiff and his neighbour who arc
thereby discomforted and in determining whether such noise was actual discomfort, the
Court is an expert of experts. The victim can claim injunction to stop nuisance”

4. Provisions under the Indian Penal Code :

Penal Code is the major enactment in the field of criminal law providing for substantive penal
provisions. Chapter XIV of the Code provides certain sections dealing with the offences affecting
public health, safety, convenience, decency and morals. Some of the sections in this Chapter have a
direct bearing on noise control.

• Section 268 provides: A person is guilty of public nuisance who does any act or is guilty of any
illegal omission which causes any common injury, danger or annoyance to the public or to the people
in general who dwell or occupy property in the vicinity, or which must necessarily cause injury,
obstruction, danger or annoyance to persons who may have occasion to use any public right. A
common nuisance is not excused on the ground that it causes some convenience or advantage.

• Section 278 provides: Whoever voluntarily vitiates the atmosphere in any place so as to make it
noxious to the health of a person in general, dwelling or causing on business in the neighborhood or
passing along a public way, shall be punished with fine which may extend to Rs 500/-

• Section 290 provides: Whoever commits a public nuisance in an case not otherwise punishable by
this Code, shall be punished with fine which may extend to Rs 200/-

The Noise Pollution (Regulation and Control) Rules, 2000

The Noise Pollution (Regulation and Control) Rules, 2000 was framed by the Central Government, in
exercise of the powers under the provision of the Environment (Protection) Act, 1986 and these rules
came into force on 14th July, 2000. These rules were amended by the Noise Pollution (Regulation
and Control) (Amendment) Rules 2000 w.e.f. 24th November 2000. The Rules provide for ambient air
quality standards in respect of noise for industrial area, commercial area, residential area and silence
zone both during day time and night time.

1.Day time shall mean from 6.00 a.m. to 10.00 p.m.

2. Night time shall mean from 10.00 p.m. to 6.00 a.m.

3. Silence zone is defined as an area comprising not less than 100 meters around hospitals,
educational institutions and courts. The silence zones are zones, which are declared as such by the
competent authority.

4. Mixed categories of areas may be declared as one of the four-abovementioned categories by the
competent authority.

The Police Act, 1861 under section 30, envisages that the District Superintendent or the
Assistant District Superintendent of Police are authorized to direct the conduct of all assemblies
and processions on public roads or in the public streets.

Under this provision, the police authorities can prescribe the routes and timings for taking out
processions and they can also require to issues a notice for the procurement of license in cases
where convening of the assembly or procession is likely to cause a breach of peace.

This provision also empowers Police officers to regulate music in the streets on the occasion of
festivals and ceremonies and regulatory power under this section extends to stop, disperse or to
declare the assemblies unlawful.

The Motor Vehicles Act of 1939 has provisions which empower the respective state governments to
undertake legislation for the control and management of safety regulations and environmental
degradation including emission of noise.

However, the Motor Vehicle Rules laid out by most of the States do not address the issues of noise in
a detailed manner and only make oblique generalized references to the matter.

A very similar situation is observed in cases of the Factories Act 1948, which does not contain any
provisions for managing and imposing legal obligations on noise control despite the fact that factory-
produced noises are one of the biggest threats to the physical and mental health of workers. The
only part of the Act which has any real significance in terms of noise management is Section 11
which makes it obligatory for the occupier to keep the factory free from any sort of drain, privy or
other nuisance (including noise) The Factories Act, 1948 in its third Schedule under Sections 89 and
90, contains a list of noticeable disease including the diseases of hearing loss caused by noise.

High intensities, high frequencies and intermittency of noise often cause annoyance to the industrial
workers.

However, this Act do not envisage measures to meet the above situation, except that it makes it
obligatory on the part of occupier of every factory to keep the factory clean and free from any drain,
privy or other nuisance.

The expression, nuisance‟ in Section 11 says that expression, nuisance‟ can be considered to include
noise.

Model Rules framed under the Factories Act, 1948 prescribes the noise limits for work zone area.
MODULE 4

Hazardous Waste Generation & Management

Rapid industrialization in last few recent decades have led to the depletion of natural resources and
increase in pollution in the country. As part of economic development, this industrialization has also
led to generation of huge quantities of hazardous waste which causes severe environmental
problems. These industrialization has also led, apart from economic development, to the generation
of huge quantities of hazardous waste which causes sewer environmental problems.

Previous legal provisions

• Ministry of Environment, Forest and climate Change (MoEF & CC) formerly known as
Ministry of Environment and Forest (MoEF) promulgated Hazardous Waste (Management
and Handling) Rules, 1989, under the provision of the Environment Protection Act, 1986.

• September 2008 the said rules were amended, and new rules entitled “Hazardous waste
(Management, Handling and Transboundary Movement) Rules, 2008” were promulgated.

• These rules were further amended in the year 2009 & 2010 for proper management and
handling of hazardous waste in the country.

“Hazardous waste” means any waste which by reason of characteristics such as physical, chemical,
biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause
danger to health or environment, whether alone or in contact with other waste or substances.

The hazardous wastes are generated because of the following reasons:

1. Use of Hazardous Substances

2. Use of Inappropriate/ obsolete Technologies

3. End of Pipe Treatment of Effluent/Emissions

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016

• “The new Hazardous Waste Rules will ensure resource recovery and disposal of hazardous
waste in environmentally sound manner.

• Rules have been made to distinguish between Hazardous Waste and Other wastes. Other
wastes include: Waste tyre, paper waste, metal scrap, used electronic items, etc. and are
recognized as a resource for recycling and reuse.

• These resources supplement the industrial processes and reduce the load on the resource of
the country.

The salient features of H and OW (M &TM) Rules, 2016 :-

• Waste Management hierarchy in the sequence of priority of prevention, minimization, reuse,

recycling, recovery, co-processing; and safe disposal has been incorporated

• All the forms under the rules for permission, import/export, filing of annual returns,
transportation, etc. have been revised significantly,

• The basic necessity of infrastructure to safeguard the health and environment from waste
processing industry has been prescribed SOPs
 • Co-processing as preferential mechanism over disposal for use of waste as supplementary
resource, or for recovery of energy has been provided.

• The approval process for co-processing of hazardous waste to recover energy has been
streamlined and put on emission norms basis rather than on trial basis.

• The process of import/export of waste under the Rules has been streamlined by simplifying
the document-based procedure and by revising the list of waste regulated for import/export.

• The import of metal scrap, paper waste and various categories of electrical and electronic
equipments for reuse purpose has been exempted from the need of obtaining Ministry’s
permission.

• Benefits of co-processing

Avoid land disposal or incineration of wastes

Avoid investment on developing TSDF

Avoid future liability for wastes disposal and associated problems

Gain Environmentally responsible image

Act as a good steward of resources.

“co-processing” means the use of waste materials in manufacturing processes for the purpose of
energy or resource recovery or both and resultant reduction in the use of conventional fuels or raw
materials or both through substitution;

“disposal” means any operation which does not lead to reuse, recycling, recovery, utilisation
including co-processing and includes phyco-chemical treatment, biological treatment, incineration
and disposal in secured landfill;

“occupier” in relation to any factory or premises, means a person who has, control over the affairs of
the factory or the premises and includes in relation to any hazardous and other wastes, the person in
possession of the hazardous or other waste;

Responsibilities of the occupier for management of hazardous and other wastes

Rule 4

The occupier shall be responsible for safe and environmentally sound management of hazardous and
other wastes.

(3) The hazardous and other wastes generated in the establishment of an occupier shall be sent
or sold to an authorised actual user or shall be disposed of in an authorised disposal facility.

(4) The hazardous and other wastes shall be transported from an occupier’s establishment to an
authorised actual user or to an authorised disposal facility in accordance with the provisions of these
rules.

(5) The occupier who intends to get its hazardous and other wastes treated and disposed of by
the operator of a treatment, storage and disposal facility shall give to the operator of that facility,
such specific information as may be needed for safe storage and disposal.

(6) The occupier shall take all the steps while managing hazardous and other wastes to-
(a) contain contaminants and prevent accidents and limit their consequences on human beings and
the environment; and

(b) provide persons working in the site with appropriate training, equipment and the information
necessary to ensure their safety.

Responsibilities of State Government for environmentally sound management of hazardous and

other wastes
Rule 5

Department of Industry in the State or any other government agency authorised in this regard by the
State Government, to ensure earmarking or allocation of industrial space or shed for recycling, pre-
processing and other utilisation of hazardous or other waste in the existing and upcoming industrial
park, estate and industrial clusters;

(2) Department of Labour in the State or any other government agency authorised in this regard
by the State Government shall,-

(a) ensure recognition and registration of workers involved in recycling, pre-processing and
other utilisation activities;

(b) assist formation of groups of such workers to facilitate setting up such facilities;

(c) undertake industrial skill development activities for the workers involved in recycling, pre-
processing and other utilisation;

(d) undertake annual monitoring and to ensure safety and health of workers involved in
recycling, pre-processing and other utilisation.

Grant of authorisation for managing hazardous and other wastes

Rule 6

Power to suspend or cancel an authorisation

Rule 7

The State Pollution Control Board, may, if in its opinion the holder of the authorisation has failed to
comply with any of the conditions of the authorisation or with any provisions of the Act or these
rules and after giving him a reasonable opportunity of being heard and after recording reasons
thereof in writing cancel or suspend the authorisation issued under rule 6 for such period as it
considers necessary in the public interest.

Storage of hazardous and other wastes

RULE 8

The occupiers of facilities may store the hazardous and other wastes for a period not exceeding
ninety days and shall maintain a record of sale, transfer, storage, recycling, recovery, pre-processing,
co-processing and utilisation of such wastes and make these records available for inspection
B io-Medical Waste Management and Handling rules 1998 notes,
Meaning of Biomedical waste, Scope, Method of disposal.
The Central Government exercising the powers as conferred in the sections 6, 8 and
25 of the Environmental (Protection) Act, 1986 has enacted the Bio-Medical waste
(Management and Handling) Rules 1998. They laid out 14 different rules and 6
schedules There are 14 Rules and 6 schedules which were made effective from July
27, 1998. This rule saw further amendment in 2016.

Scope and Application.

These Rules mainly focus to implement a licensing system followed by a reporting
mechanism on bio-medical waste generated by hospitals, climes, blood bank and
other organization. All persons who generate, collect, receive, store, transport, treat,
dispose or handle bio-medical waste in any form come under the scanner of these
rules.

Bio-Medical waste” means any waste, which is generated during the diagnosis,
treatment or immunization of human beings or animals or in research activities
pertaining thereto or in production or testing of biological, and including categories
mentioned in schedules-I.
Schedule-I has mentioned ten (10) categories of bio-medical waste which includes :–
(i) human Anatomical waste (ii) Animal waste (iii) Microbiology and Biotechnology
waste (iv) Waste sharps (v) Discarded Medicines and Cytotoxic Drugs (vi) Solid
waste (vii) Solid waste (viii) Chemical waste.

Rule 4 provides that is shall be the duty of every occupier of an institution

generating bio-medical waste to take all steps to ensure that such waste is properly
channeled.
Prescribed Authority.
Rule 7 entrusts the responsibility on the prescribed authority to ensure the
enforcement of the provisions of these Rules. In this concern, the State Pollution
Control Board shall act as prescribed authority in respect of states and the Pollution
Control Committee in respect of Union Territories.

Advisory Committee.

Rule 9 (i) makes it obligatory for the State Govt/ Union Territories to constitute and
Advisory Committee which shall includes experts in the field of medical and health,
veterinary science, animal husbandry, environment management, or other related
departments including non Govt agencies. The committee is conferred the duty to
advise the Government in respect of the matter relating to implementation of Bio-
Medical waste (Management and Handling) Rules.

Annual Report.
Rule 8 provides that, the occupies/ operator of the hospital/ institution shall submit
an annual report containing information regarding the categories and quantities of
bio-medical waste handled and disposed of during the preceding years to the
Prescribe Authority. The prescribed Authority shall send the same with its remarks to
the Central Pollution Board before 31 March of every year is handled without any
st

adverse effect to human health and the environment.

Method of Disposal.
Various methods to be adopted for disposal of bio-medical wastes are shown from
schedule I of the Rules. (a) Incineration, (b) Deep burial, (c) local
autoclaves (d) Micro-waving, (e) Mutilation, (f) disposal in
landfills, (g) disinfection and (h) Chemical treatment.
These methods to be adopted here for disposal of wastes mainly depends on the
nature of the category provides in schedule I of the Rules.

Segregation while Handling.

As per Rule 6, different coloured plastic bags have to be used for collection of bio
medical wastes and labeled as prescribed in schedule III. Such wastes shall be
transported only on authorized vehicles. Rule 6 further requires that no untreated
bio-medical waste shall be kept beyond 48 hours without the permission of the
competent authority.

As per Rule 11, the institution/ hospital generating such wastes shall be duty
bound to maintain a proper record regarding the generation collection, reception,
storage, transportation, treatment and disposal of bio-medical waste.

Further Rule 12 applies to implement the sending of accident report to the

Prescribe Authority, which is occurs during the storage, handling or transportation of
such bio-medical waste.

Rule 13 is a provision relating to appeal against the order of the prescribe

Authority within 30 days from the date on which the order was communicated to
such authority.

Rule 14 provides that the Municipal Boards or Urban Local Boards, as the case
may be shall be responsible for providing suitable common disposal/ incineration
sites for the bio-medical waste generated within their territorial jurisdiction.

THE BHOPAL GAS TRAGEDY

The Bhopal Gas Tragedy, also known as the Bhopal Disaster, was one of the worst
industrial disasters in history. It occurred on the night of December 2-3, 1984, in the
city of Bhopal, India. A pesticide plant owned by the Union Carbide Corporation
(UCC) leaked methyl isocyanate (MIC) gas, resulting in the deaths of thousands of
people and causing long-term health problems for many more.

The immediate death toll from the gas leak is estimated to be around 3,800 people.
However, the long-term effects of the exposure to toxic gases have led to thousands
more deaths over the years, with estimates ranging from 15,000 to 25,000 people.
Many survivors continue to suffer from respiratory problems, neurological disorders,
and other health issues.

The Bhopal Gas Tragedy led to significant legal battles, both in India and
internationally. In 1989, Union Carbide paid $470 million as compensation to the
Indian government as part of a settlement. However, many criticized this amount as
inadequate considering the scale of the tragedy and the ongoing suffering of the
victims.

The legal proceedings surrounding the Bhopal Gas Tragedy have been complex and
protracted. Efforts to hold UCC and its officials accountable have faced numerous
challenges, including jurisdictional issues, delays, and allegations of corruption.

The Bhopal Gas Tragedy remains a poignant reminder of the devastating

consequences of industrial negligence and the importance of stringent safety
regulations in the chemical industry. Despite the passage of decades, it continues to
be a subject of public interest, activism, and legal discourse.

M. C. Mehta v. Union of India [6]

The case was related to the leakage of oleum gas from one of the units of Shriram Foods and
fertilizer industries which lead to several deaths and injuries in Delhi and NCR region. The
petitioner M. C. Mehta filed a PIL under Article 32 of the Indian constitution against the
dangerous effects of the chemicals used in the factory. Moreover, the Delhi legal aid and advise
board claimed compensation for the damages so caused. The court asked the company to pay the
compensation and to shut down the factory in those regions and introduced a new concept
of “Absolute Liability”.

• M.C. Mehta v. Union of India originated in the aftermath of oleum gas

leak from Shriram Food and Fertilisers Ltd. complex at Delhi.

• This gas leak occurred soon after the infamous Bhopal gas leak and
created a lot of panic in Delhi.

• One person died in the incident and few were hospitalized.

• The case lays down the principle of absolute liability and the concept of
deep pockets.

Deep pocket is a concept often used in the law and economics of tort law. It
refers to the idea that the risk of an activity should be borne by a person
who is in a relatiely good position to handle it. This can be achieved by
either spreading the risk over a large number of risk-bearers (usually by
means of insurance), or by imposing it on a person who is relatively risk-
neutral. The latter is often assumed to be the case for wealthy individuals or
large corporations, who are referred to as having "deep pockets", since their
wealth will not be affected very strongly if the risk materializes. For example,
a deep-pocket argument might, among other arguments, be used to justify
product liability, as producers with "deep pockets" will normally be better
able to accommodate the risk of damages than individual consumers not
endowed with "deep pockets".
Concept of Absolute Liability
Where an enterprise is engaged in a hazardous or inherently dangerous activity and it results in
harm to anyone on account of an accident which was caused in the operation of such hazardous
or inherently dangerous activity. This will make the enterprise absolutely liable to compensate all
those who are affected by the accident and such liability is not subject to any of the exceptions or
any Strict liability principle as held in the case of Rylands v. Fletcher. For example, if there is an
escape of toxic gas, the enterprise is strictly or absolutely liable to compensate all those who are
affected by the accident with no exception to the case. [7]

The court earlier pointed out this duty is “Absolute and non-delegable” and the enterprise cannot
escape liability by showing that it had taken all reasonable care and there was no negligence on
its part and thus is named as “No liability”

The basis of the new rule as indicated by the supreme court was:

 If an enterprise is allowed to carry on any hazardous activity, it is presumed that such

permission is conditional on the enterprise absorbing the cost of any accident arising
on account of such hazardous or inherently dangerous activity as an appropriate item
of its overheads.
 The enterprise alone has the resource to discover and guard against hazards or
dangers and to provide warning against potential hazards.

Many drawbacks or loopholes in the principle of strict liability; or we can say outdatedness of the
concept with the change in time and technological advancements lead to the introduction of new
concept or amendment of old concept from “strict liability” or “No-Fault
Liability” to “Absolute Liability” or “No Liability”.

 The rule of Rylands v. Fletcher includes non-natural use of land and escape of the
dangerous thing from the land whereas the rule in the case of M. C. Mehta v. Union of
India requires that the defendant should be engaged in an inherently dangerous
activity which will result in harm to anyone.
 The rule of Rylands v. Fletcher does not includes harm caused inside the premises
whereas the MC Mehta v Union of India covers all the damages caused inside as well
as outside the premises.
 Though the rule of Rylands v. Fletcher is strict as it does not depends on the
negligence on the part of the defendant but is not absolute as it is not subject to many
exceptions whereas the rule of MC Mehta v Union of India is strict as well as absolute
with subject to no exceptions.
 The damages provided in case of Rylands v. Fletcher were ordinary or compensatory
whereas, in the case of MC Mehta v. Union of India, the court can allow exemplary
damages and the larger and more prosperous the enterprise, the greater must be the
amount of compensation payable by it.
  Gamma chamber case (MC MEHTA)

Delhi has been protected from harmful radiation because of the filing of a
case against radiation from a Gamma Chamber, students, and teachers at
Jawaharlal Nehru University ( JNU).

 Delhi ridge case

It was obtained to save the Delhi ridge from the Supreme Court’s destruction
order directing Delhi’s NCT to declare it as ‘Reserved Forest.’

MODULE 5

The Environment (Protection) Act 1986

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.

Our present-day Constitution also provides testimony to our old principles.

Some of them are as follows:

1. By the 42nd Amendment Act, Article 48A was added as a part of the
Directive Principles of State Policy which stated that it was the
state’s responsibility to make efforts 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. Our judiciary has outlined in a number of judgments that 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.
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.

Objectives of the Environment Protection Act

The following are the main objectives behind bringing this legislation:

1. To implement the significant decisions taken, relating to

environment safety and protection, at the United Nations
Conference on the Human Environment held in Stockholm in June
1972.
2. India already had some legislation related to different aspects of the
environment but there was a need for comprehensive legislation
that filled the gaps in the existing laws. Thus, it was enacted to
bring general legislation in environment protection and cover other
major areas of environmental hazards that were previously
uncovered.
3. To create new authorities for the purpose of protecting and
improving the environment and also to coordinate the activities of
already existing authorities constituted under previous laws.
4. To provide for stringent and deterrent punishment to the offenders
of the natural environment who endanger its safety and health.
5. To facilitate the growth of subordinate and delegated legislation on
ecologically sensitive topics and environment protection.
6. To promote sustainable development, i.e. balance the overall
development with environmental protection.

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.”

Basically, it is a concept that attempts to reconcile anthropogenic

developmental activities with environment protection by assessing the impact
of such activities on the environment and addressing them at the planning
and design stage of the project itself. Thus, it majorly involves identifying the
future implications of a proposed activity on the environment. It has
originated from the concept of the ‘precautionary principle’ which says that a
consent must be obtained from a competent authority before taking up any
developmental activity posing a serious or irreversible threat to the
environment. Now, in order to gauge the effect of that activity, EIA plays an
instrumental role.

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.

Powers and functions of the Central Government

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. The Central Government is also authorised to constitute such
authority/authorities for the purpose of exercising and performing such
powers and functions as the government may delegate to it.

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.

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

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.
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.

SECTION 20 - 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 - 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

Prevention, control, and abatement of environmental pollution

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 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.

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.

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.

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.

Kamal Nath case

In the State of Himachal Pradesh, a motel in Spain, owned by Shri Kamal

Nath, Minister of Environment and Forests, Govt. The Beas River Course was
diverted from India to beautify the motel and also invaded some forest land.
The apex tribunal ordered the Span motel management to hand over forest
land to the Govt. Of Himachal Pradesh and delete all kinds of invasions. The
Court handed down a landmark judgment and founded for the first time in
India the principle of exemplary damages. India’s Supreme Court accepted
the principle of polluter paying and the Principle of Public Trust.

The Narmada Bachao Andolan

(NBA) is a social movement in India that was formed in the 1980s to protest the construction of large
dams on the Narmada River. The movement was led by activist Medha Patkar and other
environmentalists, human rights advocates, and local communities.

The primary concern of the Narmada Bachao Andolan was the impact of the proposed dams,
particularly the Sardar Sarovar Dam, on the environment, ecology, and livelihoods of the people
living in the region. The construction of these dams would lead to the displacement of thousands of
people, primarily indigenous tribes and rural communities, whose homes and lands would be
submerged under the reservoirs created by the dams.

The movement gained widespread attention and support both nationally and internationally.
Supporters argued that the displacement of people and the environmental degradation caused by
the dams outweighed the benefits they would bring in terms of irrigation, hydroelectric power
generation, and water supply.

The Narmada Bachao Andolan employed various strategies to raise awareness and protest against
the construction of the dams, including rallies, hunger strikes, legal challenges, and international
advocacy. The movement also emphasized the need for sustainable and equitable development
alternatives that respected the rights and dignity of the affected communities.

Despite decades of protests and legal battles, the construction of the dams continued, although at a
slower pace due to the pressure exerted by the Narmada Bachao Andolan and its supporters. The
movement remains active in advocating for the rights of those affected by dam construction and
continues to raise awareness about the environmental and social impacts of large-scale development
projects in India.

Subhash Kumar vs. State of Bihar and Ors. (1991). ( need more notes on it )( analysis from legal
wires)

The Right to Pollution Free Environment was declared to be a part of Right to Life under Article 21

NATIONAL GREEN TRIBUNAL ACT

National Green Tribunal Act ,2010 is an act of the Parliament of India which enables creation of a
special tribunal or body to handle the efficient disposal of the cases related to environmental
issues.

It is inspired from India’s constitutional provision of Article 21, which assures the citizens of India
the right to a healthy environment.

The act aims at efficient solving of cases related to environmental pollution and giving relief and
compensation for damages to persons and property and for matters connected therewith.

Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure
for making itself more accessible; New Delhi is the Principal Place of Sitting of the Tribunal and
Bhopal, Pune, Kolkata and Chennai shall be the other place of sitting of the Tribunal.

There lie many reasons behind the setting up of this tribunal.

After India's move with Carbon credits, such tribunal may play a vital role in ensuring the control of
emissions and maintaining the desired levels.

This is the first body of its kind that is required by its parent statute to apply the "polluter pays"
principle and the principle of sustainable development.

FEATURES OF NGT

— The tribunal is mandated to make and endeavor for disposal of applications or appeals
finally within 6 months of filing .

— New Delhi is the principal place of sitting of the tribunal .

— This court is special because India is the third country following Australia and New Zealand
to have such a system .
During the Rio de Janeiro summit of United Nations Conference on Environment and Development
in June 1992, India vowed the participating states to provide judicial and administrative remedies
for the victims of the pollutants and other environmental damage.

On 18 October 2010, Justice Lokeshwar Singh Panta became its first chairman.Currently it is chaired
by Hon'ble Justice Prakash Shrivastava.

It is a specialized body equipped with necessary expertise to handle environment disputes involving
multi- disciplinary issues.

The tribunal provides –

Relief and compensation to the victims of pollution and other environment damage for restitution
of property damaged

Procedure and Power Involving the NGT:

 Guided by the principles of natural justice

 Have power to regulate its own procedure

 Shall not bound by the rules of evidence

 Power of civil court

 Apply the principles of Sustainable development, Polluter’s pay principle and Precautionary
principle

JURISDICTION

The NGT has the power to hear all civil cases relating to environmental issues and questions that are
linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following

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;

• Biodiersity Act 2002

• Public Liability Insurance act

• This means that any violations pertaining only to these laws, or any order / decision taken by
the Government under these laws can be challenged before the NGT.

SOME NOTABLE ORDERS

In April 2014,The NGT recommended the Government to declare a 52km stretch of Yamuna in Delhi
&Uttar Pradesh as a conservation zone.

An attempt to minimize air pollution in Delhi &NCR PM 2.5 particles have reached alarming level. As
per this order 10 years old vehicle aren’t allowed to ply.