UNIT – I : Concept of Environment & Pollution

Meaning of Environment
The word "environment" is derived from the ancient French word "environner," meaning to encircle. By broadly
applying to surroundings, environment can include the aggregate of natural, social, and cultural conditions that
influence the life of an individual or community. Thus, environmental problems can be deemed to include such
problems as traffic congestion, crime, and noise. Geographically, "environment" can refer to a limited area or
encompass the entire planet, including the atmosphere and stratosphere.

Section 2(a) of the Environment (Protection) Act, 1986, defines "environment," which means and includes water, air,
and land, and the inter-relationship which exists among and between water, air, and land and human beings, other living
creatures, plants, microorganisms, and property.

Section 2(c) of the Environment (Protection) Act, 1986, defines "environmental pollution," which means the presence in
the environment of any environmental pollutant.

meaning of Pollution (pollutant – pollen)

Pollution is the contamination of air, water, or earth by harmful substances. Concern for pollution developed alongside
concerns for the environment in general. “Pollution is the introduction of substances (or energy) that cause adverse
changes in the environment and living entities .”

Pollution need not always be caused by chemical substances such as particulates (like smoke and dust). Forms of energy
such as sound, heat or light can also cause pollution. These substances that cause pollution are called pollutants.

Pollution, even in minuscule amounts, impacts the ecological balance. Pollutants can make their way up the food chain
and eventually find their way inside the human body. Read on to explore the types of pollution and their implications.

Kinds of Pollution
There are different types of pollution, which are either caused by natural events (like forest fires) or by man-made
activities (like cars, factories, nuclear wastes, etc.) These are further classified into the following types of pollution:

Air Pollution: Air pollution refers to the release of harmful contaminants (chemicals, toxic gases, particulates, biological
molecules, etc.) into the earth’s atmosphere. These contaminants are quite detrimental and in some cases, pose serious
health issues. Some causes that contribute to air pollution are:

 Burning fossil fuels

 Mining operations
 Exhaust gases from industries and factories

Water Pollution: Water pollution is said to occur when toxic pollutants and particulate matter are introduced into water
bodies such as lakes, rivers and seas. These contaminants are generally introduced by human activities like improper
sewage treatment and oil spills. However, even natural processes such as eutrophication can cause water pollution.
Other significant causes of water pollution include:

 Dumping solid wastes in water bodies

 Disposing untreated industrial sewage into water bodies
 Human and animal wastes
 Agricultural runoff containing pesticides and fertilisers

Soil Pollution: Soil pollution, also called soil contamination, refers to the degradation of land due to the presence of
chemicals or other man-made substances in the soil. The xenobiotic substances alter the natural composition of soil and
affect it negatively. These can drastically impact life directly or indirectly. For instance, any toxic chemicals present in the
soil will get absorbed by the plants. Since plants are producers in an environment, it gets passed up through the food
chain. Compared to the other types of pollution, the effects of soil pollution are a little more obscured, but their
implications are very noticeable. Some of the common causes of soil pollution are:

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  Improper industrial waste disposal
 Oil Spills
 Acid rain which is caused by air pollution
 Mining activities
 Intensive farming and agrochemicals (like fertilisers and pesticides)
 Industrial accidents

Noise Pollution: Noise pollution refers to the excessive amount of noise in the surrounding that disrupts the natural
balance. Usually, it is man-made, though certain natural calamities like volcanoes can contribute to noise pollution. In
general, any sound which is over 85 decibels is considered to be detrimental. Also, the duration an individual is exposed
plays an impact on their health. For perspective, a normal conversation is around 60 decibels, and a jet taking off is
around 15o decibels. Consequently, noise pollution is more obvious than the other types of pollution. Noise pollution
has several contributors, which include:

 Industry-oriented noises such as heavy machines, mills, factories, etc.

 Transportation noises from vehicles, aeroplanes, etc.
 Construction noises
 Noise from social events (loudspeakers, firecrackers, etc.)
 Household noises (such as mixers, TV, washing machines, etc.)

Besides these 4 types of pollution, other types exist such as light pollution, thermal pollution and radioactive pollution.
The latter is much rarer than other types, but it is the deadliest.

Effects of Pollution (db prevention & control)

The effects of air pollution vary based on the kind of pollutant. But generally, the impact of air pollution ranges from:

 Increased risk of respiratory illness and cardiovascular problems

 Increased risk of skin diseases
 May increase the risk of cancer
 Global warming
 Acid rain
 Ozone depletion
 Hazards to wildlife

Among the other types of pollution, air pollution is theorized to have a planet-wide implication. Scientists have even
speculated an apocalypse-like scenario where air pollution if left unchecked, can bring about an extreme form of global
warming called the runaway greenhouse effect. Though this is purely speculative, it is a phenomenon that has already
occurred on Venus.

The effects of water pollution are very pronounced in our environment. Furthermore, toxic chemicals can
bioaccumulate in living beings, and these chemicals can travel their way up the food chain, ultimately reaching humans.
Among the other types of pollution, water pollution has severe consequences on humans. For instance, in 1932, a grave
case of water pollution incapacitated the inhabitants of an entire city in Japan with neurological diseases and mental
illness for many decades. However, the immediate cause was not apparent but was eventually attributed to acute
mercury poisoning. Methylmercury was dumped into the surrounding bay and had ultimately bioaccumulated inside the
fish. The local population then consumed these fish, and this resulted in the manifestation of ill effects and neurological
diseases.

Other consequences of water pollution include:

 Disruption of the ecosystem

 Threats to marine life
 Increased risk of water-borne diseases
 Increases toxic chemicals (such as mercury) in water bodies
 Eutrophication

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The effects of soil pollution are numerous. Specific wastes, such as radioactive waste become particularly hazardous
when they are not well-contained. A well-documented example is a nuclear accident in Chernobyl, which has left an
area of 2,600 km2 uninhabitable for several thousand years. Other effects of soil pollution include:

 Loss of soil nutrients, which renders the soil unfit for agriculture
 Impacts the natural flora and fauna residing in the soil
 Degrades vegetation due to the increase of salinity of the soil
 Toxic dust (such as silica dust) can cause respiratory problems or even lung cancer

Noise pollution has now become very common due to dense urbanisation and industrialisation. Noise pollution can
bring about adverse effects such as :

 Hearing loss
 Tinnitus
 Sleeping disorders
 Hypertension (high BP)
 Communication problems

Industrial Development (prob)

With the advancement of technology and manufacturing, industries are developing, and they are the major cause of
degradation of the environment, which in turn is a key factor in turning extreme weather events into natural disasters.
Any form of pollution which has its source from industrial practises is known as industrial pollution. Industrial pollution
has its severe impact on the environment and is causing various types of pollution, such as air pollution, water pollution,
thermal pollution and noise pollution.

Causes of Industrial Pollution

 Smoke containing undesirable gases like carbon dioxide, Sulphur dioxide and carbon monoxide coming out
from the industries causes air pollution
 The untreated water from the industries is released into water bodies, causing water pollution
 Lack of effective policies and poor enforcement drive also aids industrial pollution
 The unplanned industrial growth also leads to air and water pollution
 Most Industries rely on old Technologies to produce products that generate a large amount of wastes, which
ultimately cause pollution and lead to environment degradation
 Many small scale industries do not have enough capital to treat their wastes properly and hence lead to the
environmental pollution
 Extraction of a lot of raw materials from the ground can also lead to soil or land pollution

Air Pollution

 It is brought about by harmful gases and undesirable particles like sulphur dioxide, carbon dioxide and carbon
monoxide.
 Airborne particulate materials contain strong and fluid particles like residue, showers, fog, and smoke
 Harmful gas holes can be exceptionally unsafe with long-haul impacts

Water Pollution

 It is brought about by natural and inorganic modern squanders and effluents released into waterways
 Major Polluting Industries: Paper, mash, compound, material and colouring, petrol treatment facilities,
tanneries, and electroplating enterprises
 The contaminating ventures let out colours, cleansers, acids, salts and weighty metals like lead and mercury
pesticides, composts, engineered synthetics with carbon, plastics and elastic, and so on into the water bodies
 Fly debris, phospho-gypsum, iron, and steel slags are the significant strong squander in India

Thermal Pollution

Thermal pollution of water occurs when hot water from factories and thermal plants is drained into rivers and ponds
before cooling

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Noise Pollution

 It causes aggravation, outrage, hearing disability, expanded pulse, and circulatory strain, among other
physiological impacts
 Undesirable sound is an aggravation and a wellspring of stress
 It is likewise made by the Industrial and development exercises, apparatus, generators, etc

Effects of industrial pollution on environment

 The water pollution caused by industries harms the aquatic organisms and sometimes leads to their death
 Water pollution also pollutes the groundwater
 Soil pollution caused due to the extraction of raw material from the ground can cause chronic health issues to
the people that come in contact with that soil on a daily basis
 Air pollution leads to various respiratory diseases
 Industrial pollution also leads to wildlife extinction
 With the rise of industrial pollution, greenhouse gases are increasing in the environment and leading to global
warming. Ultimately, global warming is causing melting of glaciers, floods, tsunamis, extinction of various
animals, etc

Control of Environmental Degradation: Ways to Reduce the Industrial Pollution of Fresh Water:

 Limiting water utilization for handling by reusing it in two progressive stages.

 Treating high-temperature water and effluents before delivering them in streams and lakes.
 There is a need to direct overdrawing of groundwater saved by industry.
 Other ways of Reducing Pollution

To reduce Air Pollution:

 Fitting smokestacks can diminish particulate matter noticeable all around to plants with electrostatic
precipitators, texture channels, scrubbers, and inertial separators
 Smoke can be diminished by utilizing oil or gas rather than coal in plants

To reduce Noise Pollution:

 Apparatus and gear can be utilized, and generators should be fitted with silencers. Practically every hardware
can be updated to build energy effectiveness and lessen commotion
 Clamour retaining material might be utilized

Industrial pollution is a type of pollution caused due to various activities of the industries. Industrial pollution has its
severe impact on the environment and is causing various types of pollution, such as air pollution, water pollution,
thermal pollution, soil pollution and noise pollution. There are various causes of industrial pollution. Smoke containing
undesirable gases like carbon dioxide, Sulphur dioxide and carbon monoxide coming out from the industries causes air
pollution. The untreated water from the industries is released into water bodies, causing water pollution. Lack of
effective policies and poor enforcement drive also aids industrial pollution. Air pollution is brought about by harmful
gases and undesirable particles like sulphur dioxide, carbon dioxide and carbon monoxide. Airborne particulate
materials contain strong and fluid particles like residue, showers, fog, and smoke. Water pollution is brought about by
natural and inorganic modern squanders and effluents released into waterways. Thermal pollution of water occurs
when hot water from factories and thermal plants is drained into rivers and ponds before cooling. With the rise of
industrial pollution, greenhouse gases are increasing in the environment and leading to global warming. Ultimately,
global warming is causing melting of glaciers, floods, tsunamis, extinction of various animals, etc. Hence, there is an
urgent need to deal with industrial pollution.

Exploitation of Environment - IPC, CRPC and Constitutional Perspectives of Environmental

laws; DPSP, Fundamental Rights and its relationship with environment
Constitutional Obligation
Constitution is the ‘basic law of the land’ from which all other law derive their sanctity and validity. It needs to cope with
new and special situations and must be amended by Parliament from time to time. Mrs. Indira Gandhi addressed the

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first International Conference on Human Environment at Stockholm in 1972. She expressed deep concern about
degradation of environment and eco-imbalances:

 Air pollution: crackers and fireworks

 Water pollution: dumping waste and dead bodies
 Noise pollution: religious chants
 Trees: fuel
 Streets: dumping household waste, open latrines
 Poor and slum dwellers not aware of the environment problem

India was one of the signatories of Stockholm Declaration aka. Magna Carta on Human Environment. Parliament passed
42nd amendment to Constitution in 1976 and incorporated 2 Articles related to protection and improvement of
environment [A. 48A, A. 51A(g)]. India was first in the world to have provisions relating to environment in the
Constitution.

To implement decisions of Stockholm Declaration, Parliament passed many laws:

 Water (Prevention and Control of Pollution) Act, 1974

 Air (Prevention and Control of Pollution) Act, 1981
 Environment (Protection) Act, 1986

OBLIGATIONS ON THE STATE (Part IV : DPSP): DPSP imposes Fundamental Duties on State to protect the environment
including forests, lakes, rivers, wildlife and have compassion for living creatures.

Article 12 – State includes

 Executive and legislature of the Union

 Executive and legislature of the State
 The judiciary
 Local authorities
 Other authorities

Article 37 – duty of state to apply DPSP in making laws

Article 39(b) – material resources distributed to serve common good of the community

Article 42 – stat to endeavour to secure just and human conditions of work

Article 47 – state to raise levels of nutrition, standard of living, improve public health

Article 48 – state to organize agriculture and animal husbandry on modern and scientific lines

Article 48A – state to protect and improve environment, safeguard forests, wildlife

Article 49 – state to protect monument, place or object of historic interest to be of national importance from spoilage,
disfigurement, destruction

Article 51 – foster respect for international law and treaty obligations

Assam Sillimanite Ltd. UOI (1992) - ‘material resources’ are things capable of producing wealth for community

Municipal Council, Ratlam v. Vardhichand (1980) - Improvement of public health is paramount duty

Rural litigation and entitlement Kendra v. State of UP (1985) - SC ordered closure of limestone quarries causing large
scale pollution

MC Mehta v. UOI (1986) – SC ordered Closure of chemical industry

MC Mehta v. UOI (1987) – SC ordered Closure of tanneries polluting river Ganga

MC Mehta v. UOI (1988) - SC orders to Kanpur Nagar Mahapalika: Lay sewerage lines, construct latrines, dead bodies
not thrown into rivers (Ganga) , etc.

OBLIGATIONS ON THE CITIZENS (Part IV A Fundamental Duty):

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Article 51A(g) – FD of citizens to protect and improve natural environment including forest, lakes, rives, wildlife and have
compassion for living creatures

Article 51A(j) – strive towards excellence in all spheres of individual and collective activity

M.K.Janardhanam v. District Collector, Tiruvallur (2003) - A.51A(g) - Not just to preserve Environment in its degraded
form but need to improve. The court appreciated petitioner for fulfilling fundamental duty by bringing notice to the
court

Vijay Singh Puniya v. State of Rajasthan (2004) - Disturbing ecology is violation of fundamental right and fundamental
duty

Fundamental Rights (fr; hc and sc)

Right to live in a healthy environment as a basic human right. Right to life includes Right to live without invasion of
pollution, environmental degradation and ecological imbalances.

UDHR

 Everyone has right to life (A.3)

 Everyone has right to standard of living adequatefor health and wellbeing (A.25)

ECPHR

 Right to life shall be protected by law (A.2)

ICESR

 Right to adequate standard of living and continuous improvement of living conditions (A.11)
 Enjoyment of highest standard of physical and mental health – environment and industrial hygiene (A.12)

ICCPR

 Inherent right to life (A.6)

STOCKHOLM DECLARATION, 1972

 Man has the fundamental right to freedom, equality, adequate conditions of life in an environment of a quality
that permits a life of dignity and wellbeing (P.1)

DECLARATION ON THE RIGHT TO DEVELOPMENT, 1986

 Right to Sustainable Development is an inalienable human right

RIO DECLARATION, 1992

 Healthy and productive life in harmony with nature (P.1)

CONSTITUTION OF INDIA
Article 48A: state shall endeavor to protect and improve the environment to safeguard the forest and wildlife of the
country

Article 51A(g): FD of every citizen to protect and improve the natural environment including forest, lakes, rivers and
wildlife to have compassion for living creatures

Lopez Ostra v. Spain (1994) - A.8 of ECHR – right to respect for his private and family life. Court held that the result of
environmental degradation might affect wellbeing and deprive him of enjoyment of private and family life.

Bandhua Mukti Morcha v. UOI (1984) - Bonded labour were working in stone quarries in Faridabad district in Haryana.
They were working in inhumane and intolerable conditions. Our SC was one of the first to develop ‘right to healthy
environment’ as part of ‘right to life’ under A. 21 in our Constitution.

EVOLUTION OF RIGHT TO LIVE IN HEALTHY ENVIRONMENT

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Environmental rights may be constitutionalized: Explicitly and Impliedly

Rural litigation and Entitlement Kendra v. State of UP (1985) - Limestone quarries to close down. SC for the first time
held that the right to live in healthy environment with minimal disturbance to ecological balance shall be safeguarded
and added new right within right to environment but did not discuss the source of the right.

Rt. to live in a healthy environment was indirectly expressed in many cases:

First MC Mehta case (1987) - Leakage of oleum gas. The SC considered eelation between A. 21 and A. 32.

Second MC Mehta case (1987) - Restarting of industries. Modification of conditions laid down in 1st case.

Third MC Mehta case (1987) - Determining amount of compensation to victims of 1st case. Liability to be paid to the
victims of pollution.

Fourth MC Mehta case (1988) - Leather tanneries polluting river Ganga. This affected life, health of people and ecology.
Court held that Life, health and ecology more important than loss of revenue.

Fifth MC Mehta case (1988) - Kanpur Nagar Mahapalika did not fulfil statutory duties leaing to river Ganga pollution.
Water not fit for drinking or bathing. The court issues directions to construct sewerage, laterines, not throw bodies into
river and take action against industries causing pollution. Same to be followed by other Municipalities and Mahapalikas
situated on the banks of rivers.

DECLARATION BY HCs

Damodhar Rao v. Municipal Corporation, Hyderabad (1987) - A. 21 embraces protection and preservation of nature’s
gifts without which life cannot be enjoyed. Slow poisoning by polluted atmosphere shold be regared as violation of A.
21.

LK Koolwal v. State of Rajasthan (1988) - Case seeking direction to clean city of Jaipur and save it from unhygienic
conditions. Maintenance of health, sanitation, and environment falls within A. 21.

Attakoya Thangal v. UOI (1990) - Right to life is more than right to animal existence. It includes right to sweet water,
right to free air which are attributes of right to life.

MK Janardhanam v. District Collector, Tiruvallur (2002) - Illicit and illegal quarrying sand from river bed and bank of
Kusasthalai river. Enjoyment of life is guaranteed u/a 21 and it embraces protection and preservation of nature’s gift.
Environmental degradation violates fundamental right to life.

Vijay Singh Puniya v. State of Rajasthan (2004) - Disturbing ecology is violation of fundamental right and fundamental
duty.

DECLARATION BY SC

Chhetriya Pardushan Mukti Sangarsh Samiti v. State of UP (1990) - First time declared that right to environment is
within A. 21. Anything which endangers quality of life can take recourse to A. 32.

Subhash Kumar v. State of Bihar (1991) - Tata Iron and Steel Co. Ltd. Pollutes river Bokaro. A. 21 includes enjoyment of
pollution free air and water for the full enjoyment of life.

Bangalore Medical Trust v. BS Mudappa (1991) - Open spaces for recreation and fresh air, play grounds for children
cannot be sacrificed for other uses.

Vellore Citizens Welfare Forum v. UOI (1996) - Right to fresh air, clean water and pollution free environment - Source of
the right is inalienable common law right to clean environment. Part of basic jurisprudence.

Narmada Bachao Andolan v. UOI (2000) - Construction of Sardar Sarovar Dam. Water is basic need for survival. Part of
right to life and human rights.

State of MP v. Kedia Leather & Liquor Ltd (2003) - SC drew nexus between protection of environment and A. 21.
Disturbance to elements necessary for ‘life’ is hazardous to ‘life’ within meaning of A. 21. Hygienic environment is
important to right to live with human dignity.

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IPC
DEFINITIONS

 Person – any company or association or body of persons

 Public – any class of public or any community

Chapter 14 – offences affecting public health, safety, convenience, decency and morals.Examples: storing naphtha near
houses, blasting stones near highway, keeping raw materials of fireworks on streets, etc.

SEC. 268 – Public Nuisance Essentials:

 Doing of any act or illegal omission to do an act

 The act or the omission
o Must cause common injury , danger or annoyance
 To the public or
 To the people in general, who dwell or occupy property in the vicinity or
o Must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasions
to use any public right

SEC. 290 – Punishment: Fine upto Rs. 200

Ram Krishnan v. State of Kerala (1999) - Tobacco smoking in public places – public nuisance u/s. 268. Also falls within
‘air pollution’ as in Air Act, 1981. Court – instructions to take immediate and appropriate measures to prohibit smoking
in public places.

Tamil Nadu Prohibition of Smoking and Spitting Act, 2002

 Prohibition in place of public work and in public service vehicles : Punishment – fine of Rs. 200 – 500
 Prohibits advertisements
 Prohibits use, storage, sale, distribution within 100m around educational institutions : Punishment – fine of Rs.
500 – 1000
 Duty on person in-charge of work place to display boards: Punishment – fine of Rs. 100 – 500

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CRPC
Chapter 10 Part B - Maintenance Of Public Order And Tranquility

S. 133 – 143 and S. 144: Public Nuisance. Section 133:

• Power on magistrate to deal with nuisance

• Only in cases of emergency and imminent danger
• To health or physical comfort of community

SEC 133 – Conditional Order for Removal of Nuisance

Whenever a

• District Magistrate or
• a Sub-divisional Magistrate or
• any other Executive Magistrate specially empowered

On receiving

• the report of a police officer or

• other information and

If he objects so to do,

• to appear before himself or some other Executive Magistrate

• at a time and place to be fixed, and
• show cause, why the order should not be made absolute

PROCEDURE FOR REMOVAL

SEC. 133: OBJECTIVE

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 • Prevent public nuisance
• Urgency – irreparable damage to be avoided
• Not for future likelihood of damage

Proceeding is more of a civil nature.

Municipal Council, Ratlam v. Vardhichand (1980) - Can a court compel a statutory body to carry out duty at great cost
and on time-bound basis?

Disobedience of order can cause annoyance and injury to people. Court’s responsibility to remove nuisance. Ordered to
improve sanitary conditions within 2 months.

PC Cherian v. State of Kerala (1981) - Carbon particles from rubber factories would cause annoyance. Court gave order
u/s133.

Krishnan Gopal v. State of MP (1986) - Noise and air pollution by glucose factory. Heart patient in nearby residential
area. Court – such inconvenience is public and not private in nature.

WHETHER WATER AND AIR ACT IMPLIEDLY REPEAL SEC. 133?

State of MP v. Kedia Leather (2003) - Order was issued to close factory. Issue – Air and Water Act repeal S.133. Court:
entirely different aims and objectives; not identical in nature. S.133 – preventive measures. Water and Air Acts –
curative, preventive and penal measures.

Sec. 144 – Power to issue order in urgent cases of nuisance or apprehend danger.

• Urgent in character
• Used by magistrate
• When immediate prevention or speedy remedy of an apprehended danger is desirable

Order can be served only in 3 circumstances mentioned in S.144 to prevent:

• Obstruction, annoyance, injury to person lawfully employed

• Danger to human life, health or safety
• Disturbance of public tranquility or riot or affray

Orders can be issued ex-parte. Order is temporary in nature – only for 2 months but can be extended to 6 months.

Utpal Barbara v. State of Assam (1999) - Factories used polythene bags. Magistrate banned u/s.144. HC – this is not a
valid ground to use S.144. May make legislations to effect ban. S.144 is only temporary in nature.

Torts (negligence – duty of care; groundwater – public resource)

Law of torts – instrument for making people adhere to standards of reasonable behaviour, respect rights and interests
of one another. Constituents of Tort:

• Wrongful act
• Wrongful act give rise to legal or actual damage
• Wrongful act of nature to give rise to legal remedy for damage caused

NEGLIGENCE: Breach of legal duty to take care results in damage undesired by defendant to plaintiff. Constituents of
Negligence:

• Legal duty to exercise due care

• Breach of the said duty
• Consequential damage

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Principle of foreseeability and proximity

Donoghue v. Stevenson (1932) - Ginger beer case. One must take reasonable care to avoid acts and omissions which
one can reasonably foresee that would likely to injure your neighbour. Neighbour – person so closely and directly
affected by one’s acts.

Naresh Dutt Tyagi v. State of UP (1995) - Chemical pesticides stored negligently. Fumes leaked through ventilator. Killed
3 children and infant in womb. Held liable.

Strict liability

Rylands v. Fletcher (1868) - Person brought something onto his land. It was for a “non-natural use” of his land. The
thing was something likely to do mischief if it escaped. The thing did escape and cause damage. Foreseeability.

Exceptions:

• Act of God (vis major)

• Wrongful act of third party
• Plaintiff’s own default
• Consent of plaintiff
• Acts done for public purposes

Nitin Walia v. UOI (2001) - Boy of 3 years at National Zoological Park. Tigress grabbed boy’s hand through railing and bit
arm off. Court examined case of test of negligence – duty to care and strict liability. Res Ipsa Loquitur. Respondents
liable.

Mukesh Textiles Mills v. Subramanya Sastri - Sugar factory – stored molasses. Due to rodents, tank with 8000 tonnes of
molasses collapsed. Damaged neighbour’s field with paddy and sugar cash crops. Court held it was not vis major –
liable.
Absolute liability

MC Mehta v. UOI (1987) - Oleum gas leakage at Sriram Food and Fertilizers industries. Court – Rylands v. Fletcher rule is
century old. Modern industrialized society – hazardous and dangerous activities are necessarily carried out as part of
developmental activities. Enterprise should be strictly and absolutely liable to those affected by their accident.

NUISANCE: French word ‘nuire’ – to do hurt or to annoy. Blackstone – something that worketh hurt, inconvenience or
damage. Basis – sic utere tuo ut alienum non laedas.

Public nuisance : Act affecting public at large. Must interfere with rights which members of community might otherwise
enjoy.

Vasanth Manga Nikumba v. Baburao Bhikanna Naidu - Nuisance is inconvenience. Materially interferes with ordinary
physical comfort of human existence.

Attorney General v. PYAO Quarries Ltd - Vibrations by explosions and emission of dust. Nuisance is public which
materially affects comfort and convenience of life. Local community as public – sufficient to show representative of class
has been affected.

Individual’s right of action in public nuisance

• Particular injury to himself beyond what is suffered by rest

• Injury must be direct and not consequential
• Injury must be substantial and not fleeting

Private Nuisance - Using something under one’s control to injuriously affect an occupier of property by physically
injuring his property or by interfering materially with his health, comfort or convenience. Winfield – unlawful
interference with a person’s use or enjoyment of land or some right over or in connection with it.

Private nuisance includes acts leading to:

• Wrongful disturbances of easements or servitude

• Wrongful escape of deleterious substances into another’s property

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Dr. Ram Raj Singh v. Babulal - Brick grinding machine – dust generated. Polluted consulting chamber of medical
practitioner. Court granted permanent injunction.

Shanmughavel Chettiar v. Sri Ramkumar Ginning Firm - Local authority granted license for ginning factory. Local
authority granted license for brick kiln in adjacent land. Suit for injunction against brick kiln. Erection of brick kiln is
actionable nuisance. License would not prevent obtaining an injunction.

Persons liable for nuisance:

• If he causes it
• If he allowed it to arise by neglect of some duty
• When it has arisen, he omits to remedy it within reasonable time

Remedies for nuisance

• Abatement
• Damages
• Injunction

Remedies for public nuisance under CPC: S. 91 – suit for a declaration or injunction by 2 or more persons even though
no special damage has been caused.

Parameswarappa v. Krishnachari - Proof of obstruction of public road not enough; proof of fulfillment of constituents
of public nuisance must be shown.

TRESPASS: Offence against law of nature or society or country whether to a man’s person or property. Force, unlawful
intention, actual damage not necessary.

How trespass may be committed?

• By entering another’s land

• By remaining there
• By doing an act affecting the sole possession of other person

WRONGS TO EASEMENTS: Easement - Right which the owner of property has to compel the owner of another property
to permit something to be done or refrain from doing something on the servient property for the benefit of dominant
property.

Important easements

• Right to support
• Right in natural water courses
• Right to artificial water courses
• Right to surface water
• Right against pollution of water
• Right to access of air
• Right to access of light
• Right of way
• Right of privacy and confidentiality
• Right of common
• Right of market

Right to light and air - England - acquired by grant or prescription. Substantial interference – nuisance. India – acquired
by easement.

Easement rights - S.25 of Limitation Act, 1963 – prescription. S.33 of Indian Easement Act, 1882 – suit for disturbance of
easement.

Right to water - Natural easement on every owner of land on banks of natural stream. Actionable interference:

• Abstraction
• Pollution
• Obstruction

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English law : No action for interference with underground water:

Chasemore v. Richards - Well was constructed. To supply water to town. No cause of action.

Indian law : Cannot affect others right.

MP Rambabu v. The District Forest Officer - Land unfit for agriculture due to prawn farming. Cannot affect flow of
water. Violation of A.21

MASS TORT ACTION FOR ENVIRONMENTAL HAZARDS

Bhopal Gas Tragedy (1984) - 70 acre pesticide plant of Union Carbide India Ltd. 40 tonne methyl isocyanate leaked. Gas
spread over entire Bhopal at midnight. Death toll believed to be over 20,000. Mass Tort Action in capacity of Parens
Patriae. Doctrine of Parens Patriae – right of person to sue and be sued on behalf of another who Is incapacitated to
take up the case. After lengthy proceedings, parties decided to settle the matter by compromise.

Environmental Ethics
Environment law can be looked upon from two perspectives- anthropocentric and ecocentric, The former is essentially
human-centric, while the latter is nature-centric. The former gives prime importance to mankind, while the latter gives
equal importance to all the components of nature.

ANTHROPOCENTRIC APPROACH TO ENVIRONMENTAL LAW

Anthropocentrism is a branch of philosophy and jurisprudence that treats man as the most important being in the
world. Everything that exists in this world, has the prime purpose to serve humankind. Nature exists for the welfare of
humankind and humans are supposed to be above all of nature’s organisms. Various stories are related to the inception
of anthropocentrism. One of the most famous ones is written in the Judeo Christian Bible. According to this story,
human beings represent the image of God on earth and are supposed to subdue all other forms of nature, for fulfilling
their own needs. This text has often been interpreted to establish the superiority of humans over all living creatures on
this planet. Value is accredited to nature only when it is utilised for the benefit of mankind. This implies that nature
exists instrumentally to serve mankind. Jurists with an anthropocentric approach never admit that an increase in the
population of humans or any human activity is the reason for the depletion of natural resources. Therefore, they feel
that there is no need for any legal measures to curb environmental exploitation by humans.

ECOCENTRIC APPROACH TO ENVIRONMENTAL LAW

Ecocentrism is a branch of thought that finds intrinsic value in all living organisms. It takes a holistic view of the Earth, as
opposed to the narrower approach adopted by anthropocentrism. Ecocentrism has a larger view than even biocentrism
and zoocentrism. Biocentrism sees intrinsic value in all living beings, on the other hand, Ecocentrism in addition to this
gives due weightage to abiotic aspects and perceives environmental systems as wholes. Similarly, Zoocentrism sees
intrinsic value in animals only.

The Indian approach to ecocentrism: he Indian judiciary earlier was inclined towards anthropocentrism. But gradually, it
has shifted more towards ecocentrism. This aspect would be dealt with later in this article. Coming to the ancient
approach towards the environment, let’s take a look at the Upanishads. Isa Upanishad elaborates on the ancient Indian
roots of ecocentrism. It clearly says that all the living and non-living organisms in this universe belong to God alone.
There should be harmony between different species with no one above the other. Human beings, in the same manner,
are not superior to any species. Therefore, neither humans nor any other species have a legitimate right to encroach
upon the rights of any other species. This philosophy has been treated as the base for many important international
conventions and treaties, like Convention for Conservation of Antarctic Living Resources, 1980, The Berne-Convention
on Conservation of European Wildlife and Natural Habitats,1982, The Protocol to Antarctic Treaty on Environmental
Protection, 1998, etc. India is a signatory to all these treaties and hence respects them. These treaties give importance
to different species of flora and fauna for their intrinsic value.

INDIAN JUDICIARY : FROM ANTHROPOCENTRISM TO ECOCENTRISM

Initial inclination towards anthropocentrism: The earliest international declarations on environment protection, like the
Stockholm Declaration of 1972, the Rio Declaration of 1992, Johannesburg Declaration of 2002, etc were essentially

13
anthropocentric. Initially, the reasonings of these conventions were adopted by Indian judges to give their judgments.
Some important cases propagating this view are:

M.C. Mehta v. Kamal Nath, 1977 - In the case of M.C. Mehta c. Kamal Nath, reliance was made on the Brundtland
Commission Report and Stockholm Declaration, 1972 and it was pronounced that sustainable development and polluter
pays principle are a part of the Indian environmental jurisprudence. These concepts are heavily anthropocentric.

Vellore Citizens Welfare Forum v. Union of India, 1996 - In Vellore Citizens Welfare Forum v. Union of India, it was
observed that the above-mentioned principles can be invoked only when it is proved that they cause harm to humans.
Additionally, the concept of intergenerational equity, that is environmental exploitation of nature should be equitably
divided between the present and future generations.

This approach was reiterated in various other cases as well, till a change was brought about by the Indian judiciary in its
jurisprudence.

Indian judicial system adopts ecocentrism: The Indian judiciary has over time made a radical shift to ecocentrism from
anthropocentrism. This noted change has been made from the following landmark judgments:

T.N. Godavarman Thirumulpad case - In the case of T.N. Godavarman Thirumulpad, the animal in question was Asiatic
wild Buffalo, which are found exclusively in the western and easter ghats of India. The court while explaining the
ecocentric approach, elaborated on the necessity of application of the same.

Godavarman Thirumulpad v. Union of India, 2012 - The subject matter of Godavarman Thirumulpad v. Union of India
was the preservation of the endangered species of ‘Red Sandalwood’, which is found in Andhra Pradesh. In this case,
like the previous one, the court elaborated on the importance of an ecocentric approach.

Centre for Environment Law, WWFI v. Union of India, 2013 - In Centre for Environment Law, WWFI v. Union of India, the
court initiated the judgment with the application of the ecocentric principle. The court threw light on the intrinsic value
of all living beings, although the case was filed for saving the Asiatic wild lion. This judgment was rooted in ecocentric
principles because it gave importance to all species of animals, especially those who were endangered, irrespective of
the fact that they were instrumental for human survival or not. Basing its judgment on the reports of experts, the court
held that Asiatic white lions constitute an endangered species. Keeping this into consideration, the construction of a
second home for them to ensure their survival becomes necessary.

These cases are considered as milestones because these cases denote a major change in the Indian environmental
jurisprudence. Now, the Indian judiciary gave importance to the intrinsic value of all living organisms like humans as vital
components of nature. Thus establishing ecocentrism in India.

UNIT – II : Environmental Protection Legislations & Agencies

Offences, Penalties under
The Air (Prevention and Control of Pollution) Act, 1981 (smoking effect on non)
Air pollution refers to the imbalance in air quality which causes ill effects. Different pollutants are emitted into the air
but they are removed by the self-purification process of the air. When rate of pollution exceeds and when self-
purification capacity decreases, pollutants accumulate in the air and cause serious health problems – not only to human
beings but to other living creatures also.

NEED FOR THIS ACT: Sweden suggested to the UN that there should be a global conference to discuss and prevent
pollution and degradation of natural resources. With the passing of the General Assembly Resolution 2398, the United
Nations Conference on the Human Environment was held in Stockholm in June 1972. it was decided that the countries
would undertake steps to preserve the natural resources, which also includes air. Accordingly, the Indian government
enacted specific laws under Article 253 of the Constitution for the preservation of natural resources and the law
enacted for air preservation was The Air (Prevention and Control of Air Pollution) Act, 1981.

OBJECTIVE OF THE ACT

• To provide for prevention of air pollution

• For control of air pollution
• For abatement of air pollution

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 • For the establishment of pollution control boards
• For conferring and assigning powers and functions on the Boards
• To implement the decisions taken at the United Nations Conference on the Human Environment held in
Stockholm in 1972

S.2(a) – “Air Pollutant”: any solid, liquid or gaseous substance that may be harming or injuring the environment,
humans, other living creatures, plants or even property. Through a 1987 Amendment – ‘noise’ was also included in the
list of substances that are deemed to be harmful to the environment.

S.2(b) – “Air Pollution”: the presence of any air pollutant in the atmosphere.

S.2(j) - Emission: any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet.

.2(k) - Industrial Plant: any plant used for any industrial or trade purposes and emitting any air pollutant into the
atmosphere

S.2(m) - Occupier: occupier in relation to any factory or premises means the person who has control over the affairs of
the factory or the premises and includes in relation to any substance the person in possession of the substance

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

S.2(g) - ‘Central Board’: the same as the ‘Central Pollution Control Board’ which has been constituted under Section 3 of
the Water (Prevention and Control of Pollution) Act 1974. Board shall be set up by the Central Government.

S.2(o) - ‘State Board’: Board set up in those states where the Water (Prevention and Control of Pollution) Act, 1974 is in
effect and where the State Governments have decided to set up these Boards. This Act also applies to States where the
Water (Prevention and Control of Pollution) Act 1974 is not in effect.

PENALTIES: Failure to comply with the provisions of section 21 or section 22b or with the directions issued under section
31A (S.37):

• can be sentenced to imprisonment for a term not less than one year and six months
• sentence can be extended to six years and with fine
• If still not compliant - additional fine of 5000 rupees every day

Penalties for certain acts (S.38):

• Destroying, defacing, removing etc any pillar, post, stake or notice fixed in the ground under the authority of
the Board.
• Obstruction of any person acting under orders of the Board from exercising his powers and functions under the
Act.
• Damaging any property belonging to the Board.
• Failure to furnish information to an officer or any employee of the Board, which is required by such officer or
employee.
• Failure to inform about the excess release of emissions than the standard set by the State Board. Even an
apprehension of the release of excess emissions should be informed to the State Board.
• Giving false statements to Board authorities when furnishing information.
• Giving false information to the Board, for getting permission under Section 21 i.e. permission for setting up
industrial plants.

These are offences that shall be punishable with imprisonment which may extend to three months with fine, which may
extend to ten thousand rupees or both.

Penalty for contravention of certain provisions of the Act (S.39):

• order or direction which has been flouted, and for which there is no punishment anywhere in the Act, shall be
punishable with three months imprisonment or fine of three thousand rupees or both
• If failure continues, there shall be a fine of an additional five thousand rupees every day

Offences by companies (S.40): If an offence is committed by a company or body corporate, every such person who is
directly in charge of the company, or who was responsible to the company for the conduct of its business, shall be
deemed to be guilty of the offence. However, where such an offence was committed without the knowledge of such

15
person, or where he had made full efforts and due diligence to stop these offences, this person shall not be held liable.
Where the offence was committed after taking the consent of the director, manager, secretary or other officer or
happened due to the neglect of the aforesaid people, then they shall be deemed guilty

Offences committed by governmental departments (S.41)

• Where any government department has committed an offence under this Act, then the head of that
department shall be liable to be proceeded and accordingly punished
• However, if the Head of Department had no knowledge of the committing of these offences, or had practiced
due diligence to prevent these offences from happening, he shall not be held liable

BAR OF JURISDICTION (S.46): It states that no civil court shall have jurisdiction in any matter which an Appellate
Authority formed under this Act is empowered by this Act to decide, nor should an injunction be granted in respect of
any action taken under the pursuance of the powers of this Act.

M.C. Mehta v. Union of India (Vehicular Pollution Case) - In this case, a writ petition was filed by M.C. Mehta regarding
air pollution caused due to vehicular emissions. The Court held that environmental protection is the responsibility of the
State as enshrined in the Directive Principles of State Policy and Articles 48A and 51A of the Constitution. The Supreme
Court observed that the right to a healthy environment was a basic human right and this included the right to clean air,
covered under the ambit of Article 21 of the Constitution. In this way, the Court expanded the scope of Article 21 to
include the right to a healthy environment and clean air under the fundamental rights. This paved the way for the
introduction of lead-free petrol supply in Delhi and paved the way for the introduction of compressed natural gas (CNG).
The Court also assisted in setting up a committee that was not just aimed at litigation but also finding long term
solutions to the air pollution problem in Delhi.

M.C. Mehta v. Union of India and Ors (Taj Trapezium Case) - Taj Mahal’s marble turning yellow because of pollutants
from nearby industries. The main causes of air pollution were foundries, rubber processing industries, ferro-alloyed
industries, chemical industries, automobiles, and the Firozabad bangles and glass industries. After examining the report
submitted by the CPCB, the Uttar Pradesh Board, the National Environmental Engineering Research Institute, and the
Varadarajan Committee, SC instructed that the industries in the Taj Trapezium Zone be shut down.

K. Muniswamy Gowda v State of Karnataka - The petitioners were seeking an appropriate writ or direction against the
respondents for shutting down of the rice mill, which was situated next to the residential house of the petitioners
causing health hazards by emitting husk and dust in the entire atmosphere surrounding the area, resulting in violation of
the fundamental right of the petitioners as also the Pollution Control Laws. Further, it was submitted that the state
board had granted exemptions to the rice mill from Water Act, 1974 and Air Act, 1981on the basis of instructions given
by State Government. Karnataka High Court held that the State Board, u/s18 must abide by the order issued by the
government only if it relates to S.17 (functions of State Board). State Government cannot give instructions to the Board
outside the ambit of S.17. Accordingly, the notification of State Board granting exemption to the rice mills from
provisions of Water Act and Air Act was held to be ultra vires its powers and functions.

Chaitanya Pulvarising Industry v. Karnataka State Pollution Control Board - The petitioner was carrying on the
business of pulverising dolomite stones. People in the neighborhood complained of dust. On inspection, it was found
that they were running their business without getting a consent from the Board. They also failed to install pollution
control devises. The K.S.P.C. Board prohibited the operation of the industry and directed the petitioner to obtain a
clearance certificate and ordered them to shut down till then

Navin Chemicals Co. Ltd. V. Noida - A writ petition was filed by the petitioner complaining that grinding of stone into
powder by the respondent was causing pollution in the atmosphere. SC directed the Uttar Pradesh Pollution Board to
inspect the area for air pollution under section 17(1)(f) of the Air Act. The report of the Board stated that because of the
activities of the respondent there was increase in the concentration of the suspended particles in the air and also stated
that other factors like nearby industries and the transport could not be ignored. The case was transferred to Allahabad
High Court who held the petition as dismissed and directed the U.P. Pollution Control Board to take necessary actions

Murli S. Deora vs. Union of India (2001) - A writ petition was filed by Murli S. Deora regarding the prohibition of
smoking in the public places. fundamental right under A.21 guaranteed to citizens - no one should be deprived of their
life without due process of law, there is no reason why nonsmokers should be forced to helplessly suffer from the ill-
effects of air pollution caused by smokers. Realizing the gravity of the matter, SC ruled that smoking be forbidden in
public places, and directed the Central government, the State governments, and the Union Territories to adopt the
necessary measures.

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The Water (Prevention and Control of Pollution) Act, 1974
MINAMATA INCIDENT: Minamata City, Japan 1956: A company by the name of Chisso, which was one of the biggest
Japanese companies at the time, released its industrial waste into the Minamata Bay large quantities of fish and
shellfish were heavily contaminated with the toxic chemical Methylmercury and caused a wide range of neurological
disorders. The World Health Organization (WHO) says that polluted water is ‘water whose composition has been
changed to the extent that it is unusable.’ In other words, it is toxic water that cannot be drunk or used for essential
purposes like agriculture, and which also causes diseases like diarrhea, cholera, dysentery, typhoid and poliomyelitis
that kill more than 500,000 people worldwide every year.

Rising water pollution due to industrial and domestic activities became a cause of concern. A committee was set up in
1962 to draw a draft enactment for the prevention of water pollution. The Water (Prevention and Control of Pollution)
Act, 1974 the first of a series of legislation passed by the Government of India pertaining to regulation of environmental
aspects in the country. This Act was followed by the Air (Prevention and Control of Pollution) Act, 1981, Environment
Protection Act, 1986, Noise Pollution (Regulation and Control) Rules, 2000.

Objectives: The Water (prevention and pollution control) act 1974, provides for following:

• Prevention and control of water pollution

• Maintaining or restoring the wholesomeness of water; and
• Establishment of board for prevention and control of water pollution
• To empower the Boards for prevention and control of pollution.
• To provide penalties for breaking the rules of the provisions under this Act.
• To establish state water testing laboratories and develop its protocols.

S.2(e) – Pollution: Contamination of water or Alternation of physical, chemical or biological properties of water or
Discharge of any sewerage effluent or trade effluent of or any other liquid, gaseous or solid substance into water to
create nuisance or Render such water harmful to public health or to domestic, commercial, industrial, agriculture users
or to the life of animal and plant or aquatic organisms.

OCCUPIER S.2(d): It means the person who has control over the affairs of the factory or the premises, and it includes
the person in possession of the substance

Sewage effluent S.2(g): effluent from any sewerage system or disposal works and includes sullage from open drains.

Stream S.2(j): It includes, River, Watercourses, Inland water, Sea or tidal water – as the state government may by
notification in the official gazette, specify.

Trade Effluent S.2(k): It includes any liquid gaseous or solid substance which is discharged from any premises used for
carrying on industrial operation or process or treatment and disposal system. It is other than domestic waste.

There are two agencies set up as per the Act for controlling and preventing water pollution: Central Pollution Control
Board - Central Board and State Pollution Control Board - State Board.

ACTS PROHIBITED AND PUNISHMENT PRESCRIBED

• Failure to comply with the orders of the board under S.20 (directions requiring persons to give information as
to the abstraction or discharge of water) - imprisonment which may extend upto 3 months or fine upto Rs.
10,000 or both.
• Failure to comply with orders under S.32 (power of the SPCB to issue orders for immediately restraining or
prohibiting the persons concerned from discharging any poisonous, noxious or polluting matter) or Failure to
comply with directions issued by a Court under S.33 or Failure to comply with directions issued by the Board
under S.33A (directions relating to closure of industry, stoppage of electricity etc) - imprisonment not less than
1 year and may extend upto 6 years and with fine.

Prohibition on use of stream or well for disposal of polluting matter – Sec 24: There are prohibitions on persons against
causing or permitting any poisonous, noxious or polluting matter for entering into any stream or well or sewer or on
land, above than the standards laid down. The objective is to provide for prevention and control of water pollution and
the maintaining and/or restoring of wholesomeness of water.

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Restrictions on new outlets and new discharges. Sec 25

• without consent of the State Board, no person shall establish any industry or process which is likely to
discharge sewerage or trade effluent into the stream or well or sewer or on land.
• Consent can be obtained by an application made under section 25(2) and the State Board may grant its consent
specifying the validity period
• The State Board may impose conditions including the nature and composition, temperature, volume or rate of
discharge of the effluent from the premises from which the discharge is to be made.
• State Board may refuse consent by giving reasons in writing or may withdraw it at anytime

Penalties: Sections 41 to 50 of Chapter-VII of the Water Act, 1974 lay down the provisions relating to penalties and
procedure for violation of the provisions unddddeer the Water Act

Failure to comply with directions: Section 41(1) - on conviction, he shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to ten thousand rupees or with both.

Failure continues - additional fine which may extend to ten thousand rupees.

Failure continues - additional fine which may extend to five thousand rupees for every day during which failure
continues after the conviction

Failure to comply with any order issued: Section 41(2) - be punishable with imprisonment for a term which shall not be
less than 1 year and six months but which may extend to six years and with fine.

Failure continues - additional fine which may extend to five thousand rupees for every day.

Section 41 (3) - failure continues beyond a period of one year after the date of conviction, be punishable with
imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine

Section 42 mentions penalties for different kinds of Acts:

• If any person removes, destroys or pull down any notice put up by the board.
• If someone obstructs the member of the board or any other person who is Acting under the board.
• If a person fails to produce any information as required by the member of the board for the performance of his
duties.
• Or if he gives any information to the members which he knows to be false, punishable by imprisonment for a
maximum period of 3 months or fine that may extend up to 10,000 rupees or both

Offences by Companies: Section 47(1) - every person who at the time the offence was committed was in charge of and
was responsible to the company shall be liable to be proceeded against and punished accordingly. But no person shall
be liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.

Section 47(2) - provides that if the offence is committed by a company and it is proved that the offence was committed
with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or
other officers of the company, shall be deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.

Offences by Government Departments: Section 48 - Head of the Department shall be deemed to be guilty of the offence
and shall be liable to proceed against and punished. He shall not be liable to any punishment if he proves that the
offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such
offence.

Bar of jurisdiction - Sec. 58: No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any
matter which an appellate authority constituted under this Act is empowered by or under this Act to determine, and no
injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of
any power conferred by or under this Act.

M.C. Mehta vs Union Of India & Ors - There were 4600 industries in Uttarakhand out of which 298 are seriously
polluting industries. Many industries did not take permission from the Uttarakhand pollution control board also the
government exempted certain classes of industries from taking permission. The sewage treatment and advanced
technology for the treatment of the wastes are not used despite government strict regulations. Mr. Mehta’s filed a

18
petition included all 75 tanneries of the Jajmau and Kanpur district the Union of India. The petition also claimed that the
Municipal Corporation of Kanpur was not fulfilling its responsibilities. The Court subsequently bifurcated the petition
into two parts. The first dealt with the tanneries of Kanpur and the second with the Municipal Corporation. These are
now called Mehta I and Mehta II in legislative digests, and became the "Ganga Pollution Cases" - the most significant
water pollution litigation in the Indian court system. SC ordered the tanneries of Jajmau to clean their wastewater
within six months or shut down entirely. The Kanpur’s local municipality to take several immediate measures to control
water pollution: relocation of 80,000 cattle housed in dairies or safe removal of animal waste from these locations;
cleaning of the city’s sewers; building of larger sewer systems; construction of public latrines; and an immediate ban on
the disposal of corpses into the river. The court order also required all schools to devote one hour each week to
environmental education and awareness.

M.C. Mehta Vs. Kamal Nath 1996 - Diversion of river bean case. Span Motels Private Ltd. (‘the Motel Company’), owner
of Span Resorts, had floated an ambitious project called Span Club. Kamal Nath who was the Minister of Environment
and Forests had direct links with this company. The company encroached land which also included forest land. The land
was regularized and subsequently leased out to the company in 1994. This encroachment had an impact on the course
of river Beas. For more than 5 months the Span Resorts management moved bulldozers and earth movers to turn the
course of the river for the second time. These activities by the company caused floods in the river and a property worth
Rs. 105 Crores was destroyed. The construction work was not done under expert advice. The Indian Express published
an article reporting this incident. The construction work undertaken by the motel for channelizing the main course has
divided the main stream into two which can again change its course. The Supreme Court observed right bank of the
river is where the Motel is located comes under forest. The area is ecologically fragile and therefore it should not be
converted into private ownership even though the State government has granted lease. The Court restricted the Motel
from discharging untreated effluent into the river. Himachal Pradesh Pollution Control Board was directed to inspect and
keep a check. The Motel was ordered to pay compensation by way of cost for the restitution of the environment and
ecology of the area. The public trust doctrine is a part of the law of the land.

Samit Mehta Vs. Union of India - an environmentalist, Samit Mehta, filed an application in relation to the damage
caused by the sinking of a ship named M. V. Rak, which was carrying huge amounts of coal, fuel oil and diesel. As a
result of the ship’s sinking close to the coast of south Mumbai, a thick film of oil was formed on the surface of the sea
and large-scale damage was caused to mangroves and the marine ecosystem. The Tribunal found despite having enough
time, these respondents did not adhere to the standards of pre-voyage due diligence. The sinking was the result of the
Respondents’ negligence and upholding the Polluter Pays principle, the Tribunal ordered to pay environmental
compensation of Rs.100 crores to the Ministry of Shipping, which is one of the highest sums of compensation ever paid
by a private individual against environmental harm done.

Vellore Citizens Welfare Forum vs Union Of India & Ors - Vellore Citizens Welfare Forum, filed a PIL against the water
pollution caused due to excessive release of pollutants by the tanneries and other industries in the State of Tamil Nadu
into the river Palar. The Tamil Nadu Agricultural University Research Centre, Vellore discovered that approximately
35,000 hectares of agricultural land has turned either entirely or partially barren and not fit for cultivation. This is one of
the landmark cases whereby the Supreme Court critically analyzed the relationship between environment and industrial
development. Court coordinated the NEERI to examine. The Court observed that these Tanneries are the major foreign
exchange earner to the country and also provide employment to several people. But at the same time, it harms the
environment and poses a health hazard to everyone. The court directed all the Tanneries to deposit a sum of rupees
10,000 in the office of Collector as fine. The Court further directed the State of Tamil Nadu to award Mr M. C. Mehta
with a sum of Rupees 50,000 as a token of appreciation towards his efforts in protecting the environment.

Noise Pollution (Regulation and Control) Rules, 2000.

The word noise is derived from the Latin term ‘nausea’. In Law, it may be defined as ‘excessive, offensive, persistent or
startling sound’. Thus, Noise Pollution may be defined as - unwanted sound, a potential hazard to health and
communication dumped into the environment with regard to the adverse effect it may have on unwilling ears. Noise
becomes harmful when it exceeds 75 decibels (dB) and is painful above 120 dB. Recent studies reveal that a prolonged
exposure to noise levels above 90 dB can cause permanent deafness. Researcher are of opinion that if the present noise
levels continue unfettered, future generation may be born deaf and dumb.

According to the World Health Organization (WHO), it is one of the most dangerous environmental threats to health.
And according to the European Environment Agency (EEA), noise is responsible for 16,600 premature deaths and more

19
than 72,000 hospitalisations every year in Europe alone. According to the National Park Service (NPS) in the United
States, noise pollution has an enormous environmental impact and does serious damage to wildlife. Experts say noise
pollution can interfere with breeding cycles and rearing and is even hastening the extinction of some species.

Recognizing the harmful effects of noise, the Indian government included measures to abate noise pollution under the
Environment Protection Act, 1986. However, in the late 1990’s, the government decided to have separate legislation
solely focusing on noise pollution. Thus enacted Noise Pollution (Regulation and Control) Rules, 2000. This Act has
divided all areas into 4 categories viz.

• ◦ Industrial Areas (A)

• ◦ Commercial Areas (B)
• ◦ Residential Areas (C)
• ◦ Silence Zones (D)

Each of these areas have an ambient air quality standard (AAQS) specified for day (6 AM to 10 PM) and night (10 PM to
6 AM) times. The standards (rule 3(l) and 4(l)) are as follows:

Rule 3 - Ambient air quality standards in respect of noise for different areas/zones: The State Government must
categorize the areas into industrial, commercial, residential or silence areas / zones for the purpose of implementation
of noise standards for different areas. They should take measures for abatement of noise from vehicular movements,
blowing of horns, bursting of sound emitting firecrackers, use of loud speakers or public address system and sound
producing instruments and ensure that the existing noise levels do not exceed the ambient air quality standards. All
development authorities, local bodies while planning developmental activity or carrying out functions relating to town
and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid
noise menace. An area comprising not less than 100 meters around hospitals, educational institutions and courts may
be declared as silence area / zone.

Rule 4 - Responsibility as to enforcement of noise pollution: The authority shall be responsible for the enforcement of
noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise. S.2(c)
- Authority means authority and officer authorized by the central govt. or state govt. and includes a District Magistrate,
Police Commissioner, or any other officer not below the rank of the Deputy SP designated for the maintenance of the
ambient air quality standards.

Rule 5 - Restrictions on the use of loud speakers/public address system: A loud speaker or a public address system shall
not be used except after obtaining written permission from the authority. A loud speaker or a public address system
shall not be used at night (between 10-00 pm to 6-00 pm) except in closed premises for communication within, e.g.
auditorium, conference rooms, community halls and banquet halls.

Rule 5A - Restrictions on the use of horns, sound emitting construction equipments and bursting of fire crackers: horn
should not be used in silence zones or during night time in residential areas except during a public emergency. fire
crackers emitting sound should not be burst in silence zone or during night time. construction equipments emitting
sound should not be used or operated during night time in residential areas and silence zones.

Rule 6 - Consequences of any violation in silence zone/area: Whoever, in any place covered under the silence zone/area
commits any of the following offence, he shall be liable for penalty:

• whoever, plays any music or uses any sound amplifiers,

• whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds
any instrument, or
• whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
• whoever, bursts sound emitting fire crackers; or

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 • whoever, uses a loud speaker or a public address system.

Rule 7 - Complaints to be made to the authority: A person may, if the noise level exceeds the ambient noise standards by
10 dB (A) or more given in the corresponding columns against any area/zone make a complaint to the authority. The
authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules
and any other law in force.

Rule 8 - Power to prohibit etc. continuance of music sound or noise: If the authority is satisfied from the report of an
officer in-charge of a police station or other information received by him (including from the complainant) that it is
necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance,
discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written
order issue such directions to any person for preventing, prohibiting, controlling or regulating:

• the incidence or continuance in or upon any premises of –

o any vocal or instrumental music,
o sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any
instrument including loudspeakers, (public address systems, horn, construction equipment, appliance
or apparatus) or contrivance which is capable of producing or re-producing sound, or
o sound caused by bursting of sound emitting fire crackers, or
• the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or
attended with noise.

The authority empowered may, either on its own motion, or on the application of any person aggrieved by an order
made, either rescind, modify or alter any such order: Provided that before any such application is disposed of, the said
authority shall afford to the applicantan opportunity of appearing before it either in person or by a person representing
him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its
reasons for such rejection.

Church of God in India v. K.K.R. Majestic Colony Welfare Association - The respondent complaints against the church to
the Tamil Nadu Pollution Control Board for using loudspeakers, drums, and other equipment during prayers, disrupting
and annoying the day-to-day life of the settlement inhabitants. The Supreme Court held that India is a country with
many religious beliefs and faith, numerous communities or sects of people reside in the same area and locality. Each
reside in a sense of harmony and peace. The Constitution under Art. 25 or Art. 26 has given religious institutions
fundamental right to practice, profess and propagate. But the Court held that 'undisputedly no religion prescribed that
prayers should be performed by disturbing the peace of other 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,
infirm persons, students or children having their sleep in the early hours or during day time or other persons carrying on
other activities cannot be permitted..'.

In Re: Noise Pollution Restricting use of loudspeakers - Anil mittal an engineer filed this case . the immediate reason for
this was that a 13 years old girl was a victim of rape he cries for held and went unheard due to blaring sound of
loudspeakers noise. He also complained of noise created by the use of loudspeakers being used in religious
performances, social occasions or festivals and by political parties and noise created by firecrackers in busy commercial
localities. The court held that “no one can claim a right to create noise even in his own premises that would travel
beyond his precincts and cause the nuisance to neighbours or others.” Court directed complete ban on bursting sound
emitting firecrackers between 10 pm and 6 am. The noise level at the boundary of the public place, where loudspeaker
or any other noise source was being used would not exceed 10 dB(A) above the ambient noise standards for the area.
No one was allowed to use any sound amplifier at night (between 10. 00 p.m. and 6.a.m.) except in public emergencies.
No vehicular horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential area except in
exceptional circumstances. There was a need for creating general awareness towards the hazardous effects of noise
pollution. Suitable chapters could be added in the text-books which taught civic sense to the children and youth at the
initial/early level of education. Special talks and lectures needed to be organised in the schools to highlight the menace
of noise pollution and the role of the children and younger generation in preventing it. Police and civil administration
should be trained to understand the various methods to curb the problem and also the laws on the subject.

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George Joseph v. District Collector - a writ petition was filed by George Joseph in the High Court of Kerala stating that
the state authorities allow anyone to use a loudspeaker with the exceeded noise level. the High Court directed the
Deputy Superintendent of Police to listen to the issues of the complainant and after hearing the complaint, it should
take necessary actions to ensure that noise level should conform to the ambient air quality of sound norms under the
noise pollution control rules. This case brought a new light towards the role of the Deputy Superintendent of Police and
the District Magistrate since they are the proper authorities to deal with the issue of noise pollution rules of the
Government of India.

Hardeep Singh & Others v. SDMC & Others - An application was lodged before the National Green Tribunal alleging that
DJs, sound systems, community address systems were used at marriages or other events, and that noise was generated
at irregular times that adversely affected the safety of people. The Tribunal directed the Chief Secretary, the
commissioner of the Police, Delhi, and the Delhi Pollution Control Committee to take steps for enforcing the steps given
by the Supreme Court with regards to the use of Loudspeakers, control of vehicular noise and creation of awareness.
But, the Delhi government did not work on the order due to which the National Green Tribunal ordered the authorities
of Delhi government to deposit the amount of Rs 5 lakhs with the Central Pollution control board within a week and
should launch a website for people to register their grievances related to noise pollution.

Kirori Mal Bishamber Dayal v. The State - the accused caused noise and emitted smoke and vibrations by operating
heavy machinery in the residential area. This caused huge hindrance in the daily lives of the people living in that
residence area. The Court found the accused guilty and sentenced him under Section 290 of IPC and fined Rs 50 for his
acts causing noise pollution.

Environment (Protection) Act, 1986 (features)

In the United Nations Conference on the Human Environment held t Stockholm in June, 1972 (Stockholm Conference),
countries discussed about Humans and their role in the Environment. India participated in it and had to take
appropriate steps for the improvement of the human environment. But EPA was enacted in the wake of the Bhopal Gas
Tragedy (1984)

Object

• To implement the decisions made at the United Nation Conference on the Human Environment held at
Stockholm in June 1972
• Creation of authority for protecting and improving environment
• Coordinating the activities of various regulating agencies which is done under the existing law
• Engaging in the sustainable development of the environment
• To take appropriate steps for the protection and improvement of human environment
• To prevent hazards to human beings, other living creatures, plants and property

Definitions (S.2)

(a) environment includes water, air and land and the inter-relationship which exists among and between water, air and
land, and human beings, other living creatures, plants, micro-organism and property

(d) handling in relation to any substance, means the manufacture, processing, treatment, package, storage
transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance

(e) hazardous substance means any substance or preparation which, by reason of its chemical or physio-chemical
properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property
or the environment

Power of the Central government for measures to protect and improve the Environment (S.3)

• Coordinate actions taken by state officers and other authorities under any law
• Plan and execute nation-wide programme for the prevention, controlling and the abatement of environmental
pollution

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 • To lay down the standards for the quality of environment
• To lay down standards for emission or discharge of environmental pollutants
• To restrict areas in which industries, process and any operation shall be carried out
• To lay down procedures and safeguards for the prevention of accidents which may cause environmental
pollution
• To lay down procedures and safeguards for the handling of substances
• To examine manufacturing process, materials and substances which are likely to cause environmental pollution
• To carry out and sponsor investigation and research relating to problems of environmental pollution
• To inspect premises, equipment, machinery and processes and power to direct the prevention and control of
environmental pollution
• To establish environmental laboratories
• To collect and disseminate information related to environmental pollution
• To prepare manuals, codes, guides for control of environmental pollution

Other powers on Central Govt.

Power to appoint officer (S.4): Central Government may appoint officers as it thinks fit for the purposes of this Act and
may entrust to them powers and functions

Power to give direction (S.5): Central Government may, issue directions in writing to any person, officer or any authority
and he

shall be bound to comply with such directions:

• the closure, prohibition or regulation of any industry, operation or process; or

• stoppage or regulation of the supply of electricity or water or any other service

Power to make rules (S.6): Central Government may, by notification in the Official Gazette, make rules in respect to the
matters in S.3. Rules may provide for the following matters:

• the standards of quality of air, water or soil for various areas and purposes;
• the maximum allowable limits of concentration of various environmental pollutants (including noise) for
different areas;
• the procedures and safeguards for the handling of hazardous substances;
• the prohibition and restrictions on the handling of hazardous substances in different areas;
• the prohibition and restrictions on the location of industries and the carrying on of processes and operations in
different areas;
• the procedures and safeguards for the prevention of accidents which may cause environmental pollution and
for providing for remedial measures for such accidents.

Power to enter and search (S.10): person empowered by the Central Government shall have right to enter, at all
reasonable times with such assistance, any place:

• for the purpose of performing any of the functions

• for the purpose of examining and testing any equipment, industrial plant, record, register, document or any
other material object or for conducting a search of any building in which he has reason to believe that an
offence under this Act or the rules made thereunder has been or is being or is about to be committed and for
seizing evidence
• Anyone not cooperating with the authority or obstructing his work will be guilty of offence under this Act

Power to take samples (S.11): Central Government or any officer empowered by it in this behalf, shall have power to
take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place

Duties imposed on individuals

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Duty not to discharge environment pollutants (S.7): certain standards ought to be maintained and no person is allowed
to damage the environment. if a person is found guilty for causing damage to the environment , he can be asked for the
‘exemplary damages’.

Duty to comply procedural safeguards (S.8): any person who is handling the hazardous substance needs to comply with
the procedural safeguards.

Duty to inform and render assistance (S.9): There is a duty on the person responsible or in charge of the place where
discharge of environmental pollutants took place due to accident or unforeseen event to

• intimate the fact of such occurrence or apprehension of such occurrence; and

• be bound, if called upon, to render all assistance,

to such authorities or agencies as may be prescribed.

Penalty (S.15): Imprisonment may extend up to 5 years with fine which may extend to the term of 1 lakh or both. In case
of contravention, fine of Rs.5000 everyday till the contravention persists. If the contravention of the offence continues
for 1 year, the imprisonment can extend up to 7 years

Offences by Companies (S.16): Person directly in-charge and responsible to the company for conduct of business shall
be deemed guilty. If offence was committed without his knowledge and he exercised due diligence, he shall not be liable
to punishment

Offences by Government departments (S.17): Head of the department shall be deemed guilty. If offence was committed
without his knowledge and he exercised due diligence, he shall not be liable to punishment

Bar of Jurisdiction (S.22): This provision prevents any Indian Court to take up a case/prosecution against an officer who
is doing his duty to uphold the laws under this Act.

Drawbacks of the Act

Complete Centralisation of the Act: A potential drawback of the Act could be its centralization. While such wide powers
are provided to the Centre and no powers to the state governments, the former is liable to its arbitrariness and misuse.

No Public Participation: The Act also says nothing about public participation as regards environmental protection. There
is a need to involve the citizens in environmental protection to check arbitrariness and raise awareness and empathy
towards the environment.

Incomplete Coverage of Pollutants: The Act does not address modern concept of pollution such as noise, overburdened
transport system and radiation waves which are also an important cause for the deteriorating environment.

Samir Mehta Vs. Union of India – Marine Pollution case due to ship sinking. An environmentalist – Samir Mehta had
filed application regarding the damage caused by the sinking of ship which was carrying fuel oil, coal and diesel. Due to
sinking, a thick oil layer was formed on the surface of sea causing damage to the marine ecosystem. The tribunal has
further held that it is the big negligence on the part of respondent and upholds the principle of ‘polluter pay’ and
‘precautionary principle.’

Judgment: National Green Tribunal held that ship sinking accident has led to the marine pollution. Therefore,
environmental compensation of Rs. 100 crores was imposed. It is one of the biggest compensation ever made by the
private entity to Government.

Municipal Council, Ratlam Vs. Shri Vardhichand - Water pollution case. Some of the residents of Ratlam had filed a
complaint before the Sub – Divisional Magistrate alleging that the municipality is not constructing proper drains and a
lot of stink has been caused by the nearby slum dwellers. The Sub – Divisional Magistrate of Ratlam district instructed
the municipality to prepare a proper development plan within 6 months. Then, the Municipality came in appeal before
the apex court of India and alleged that it doesn’t have proper financial support to comply with the sub divisional
magistrate. Further, the respondents argued that water pollution is being caused by a runoff from a nearby alcohol plant
resulting in form of malaria.

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Judgment: The Supreme Court instructed the Municipal Corporation of Ratlam to follow the order of Sub Divisional
Magistrate of Ratlam City and take necessary steps to protect the area from pollution due to alcohol plant flowing. The
court also said it can raise its demand of financial support from the State Government.

M.C. Mehta Vs. Union of India - Ganga Pollution Case - MC Mehta, a noted Supreme Court Lawyer had filed a writ
petition to the Supreme Court to prevent leather tanneries from disposing of the domestic and industrial waste in the
river Ganga. He requested the court to stop the disposal of effluents into the river till the time a certain treatment plan
has been incorporated to curb water pollution.

Judgment: The court highlighted the importance of certain provisions which protect our environment. Article 48 - A also
made sure that the State will take right steps to protect and safeguard wildlife of the country. The court stated the
importance of Water (Prevention and Control of Pollution) Act, 1974 (the Water Act) which helps maintain water quality.
In the historic judgment of 1987, the court said that “Just like an industry which cannot pay minimum wages to its
workers should not be allowed to exist, a tannery which cannot set up a primary treatment plant should not be allowed
to continue its existence.

M. C. Mehta Vs. Kamal Nath & Ors - The diversion of river Beas case - Let’s move to another landmark environment
protection act judgment. The Indian Express had published an article reporting that a private company, Span Motels
Private Ltd has initiated a project called Span Club. This article came under the notice of Supreme Court. The company
owner had the direct link with the family of Kamal Nath, a former Minister of Environment and Forests. When Kamal
Nath was minister in 1994, the Span Motels had encroached 27.12 big land which was inclusive of forest land. The motel
had used bulldozers to turn the course of the River Beas and divert the river’s flow. The river was diverted to save the
motel from future floods. The raised issue was whether the construction activity carried by the Motel Company justified

Judgment: But the Supreme Court held that the forest lands which are given on lease to the Motel by the State
Government are situated at the bank of river Beas. The area is ecologically fragile and therefore should not be
converted into private ownership. Doctrine of Public Trust was applied in this case and held that the properties like river,
seashore, forests and the air cannot be used for general public. The Motel was asked to pay compensation and
construct a boundary wall with a distance of not more than 4 meters. The Court also restricted the Motel from
discharging untreated effluent into the river and asked HP Pollution Board to keep a check on it.

Subhash Kumar Vs. State of Bihar - Bokaro River Pollution Case - The petition was filed by the public litigation in the
prevention of water pollution of river Bokaro from the discharge of slurry from the Tata Iron & Steel Co. Ltd. The
Petitioner alleged that the Parliament enacted Water (Prevention and Control of Pollution) Act, 1978 for the prevention
of water pollution. The State Pollution Control Board failed to take actions against the company and permitted its
operation. The State of Bihar did not take any actions against this, instead granted a lease on the payment of royalty.
The issue was whether the river Bokaro is polluted by the discharge of the slurry from the company.

Judgment: The apex court held that the right to get pollution free water and air is the fundamental right under Article
21. But gradually, the fact came into the picture that before granting the discharge of effluents to the Bokaro river, the
Board had analyzed and monitored that the effluents generated did not pollute the river. Therefore, there was no good
reason to accept petitioner’s contentions. However, the bench found that effective steps must be taken by the State
Pollution Control Board to check pollution. Hence, the petition was dismissed.

Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh & Ors - Dehradun Valley Litigation - In the activity of
quarrying, the Limestone was being extracted by blasting out the hills of Dehradun valley with dynamite. This practice
also resulted into the slumping because the mines dug deep into the hillsides. The lack of vegetation had occurred any
landslides which killed villagers and destroyed their homes, cattle and agricultural land. The mining operators
contended that the case should be dismissed and let the administrative authorities should decide as per Environmental
laws. But the court rejected this argument and later on a monitoring committee was made. Judgment: In an application
filed by the company, the court held that the mining activity secretly carried on by Vijay Shree Mines had caused
immense damage to the area and directed it to pay Rs. 3 Lakhs to the monitoring committee. After years, the Supreme
Court also held that pollution caused by quarries adversely affect the health and safety of people. Therefore, it should
be stopped. It highlighted the need to balance the environment and ecological integrity against industrial demands on
the forest resources.

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 Indian Council for Enviro-Legal Action v Union of India (1996) - pollution caused by several chemical industrial plants
in Bichhri village, Udaipur District, Rajasthan. duty and responsibility of the coastal states and Union Territories to see
that the coastal stretches should be properly and duly implemented. various restrictions on the setting up and
expansion of industries, operation or process, etc. in the regulation Zone should be strictly enforced

Vellore Citizen Welfare Forum v. Union of India & others (1996) - Leather tanneries case. Supreme Court has directed
the central government to constitute the ‘authority’ for the implementation of powers under section 3(3). Thus, the
Court directed while keeping in the notice about the degrading quality of the environment that authorities should
implement the ‘precautionary principle’ and ‘pollution pay principle’.

Central, State Pollution Control Boards- power, constitution, functions

CONSTITUTION OF CENTRAL BOARD - SEC 3 WATER ACT: The Central Government through a notice in the official
gazette has the power to assign or set up a Central Board named as Central Pollution Control Board. Central Board is to
contain the following members:

• A chairman who has the knowledge or has practical experience in dealing with cases relating to environmental
protection. The chairman is to be appointed by the central government only.
• Not more than 5 officials to represent the central government.
• Not more than 5 members to be nominated by the central government from the members of the State Board.
• Maximum 3 members appointed by the central government to represent the interests of agriculture, fisheries,
trade or any other interest as the government may seem fit.
• 2 persons to represent the companies or corporations owned, controlled or by the central government.
• A full-time member secretary having complete knowledge, experience and qualification of scientific
management and prevention of environmental pollution.

CONSTITUTION OF STATE BOARD - SEC 4: The state government through an official notice in the Gazette has the power
to assign or set up a state board named as State Pollution Control Board. The composition of the state board is as
follows:

• A Chairman who either has the knowledge or some experience in dealing with cases relating to environmental
pollution.
• Not more than 5 members appointed by the state government to represent the government.
• Not more than 2 persons by the state government who are functioning as members of the local authorities
within the state
• Not more than 3 persons nominated by the state government to represent the interest of fisheries, agriculture,
trade and any other interest as the government may seem fit.
• 2 person from companies, corporations which are either controlled, owned or managed by the state.
• A member secretary who has the knowledge, qualifications, and experience in dealing with cases pertaining to
environmental pollution.

MEETINGS OF THE BOARD S.8: A board shall meet at least once in every three months and shall observe such rules of
procedure in regard to the transaction of business at its meeting as may be prescribed. Provided that if, in the opinion of
the Chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such
time as he thinks fit for the aforesaid purpose.

FUNCTIONS OF CENTRAL BOARD S.16

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

FUNCTIONS OF THE STATE BOARD S.17

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

POWERS OF CENTRAL POLLUTION CONTROL BOARD

• The Central Pollution Control Board has been empowered by Section 18 of the Water Act to give directions to
the State Pollution Control Boards. The Central Pollution Control Board has the powers to perform any of the
functions of a State Pollution Control Board in case of a non-compliance with the Central Pollution Control
Board’s directions.
• The Central Pollution Control Board has been empowered to issue directions under section 33A of the Water
Act to direct the prohibition, closure, or regulation of any operation, industry, or process or regulation of supply
electricity, water or any other service.

POWERS OF STATE POLLUTION CONTROL BOARD

Section 20 – power to obtain information

Section 21 – power to take samples of effluents for analysis

Section 23 – power of entry and inspection

Section 25 – power to impose restriction on new outlets and new discharges

Section 27 – power to refuse or withdraw consent for establishment of any industry, etc.

Section 30 – power to carry out certain works

Section 32 – power to carry out emergency operations in case of pollution of stream or well

Section 33 – power to make application to the courts for restraining apprehended pollution of water in streams or wells

Section 33A – power to give directions

Enforcement Agencies: Courts, Tribunals, NGT

NGT (constitution) (marriage procession)
In 1972, India became a party to United Nations Conference on Human Environment which required it to take suitable
steps towards safety and enhancement of human environment. In 1980s, the Supreme Court emphasized establishment
of specialized courts in both Bhopal Gas Tragedy Case and Oleum Gas Leak Case. Court opined that Judges lacked
specialized skills, knowledge and expertize to dispose of environmental issues and therefore specialized courts with
experts were required for speedy disposal of cases. In 1992, India participated in United Nations Conference on
Environment and Development held at Rio de Janerio which imposed a duty to provide a mechanism for effective
access, redressal and remedy through judicial and administrative proceedings, advancing national laws and provisions
for liability of defaulters. In 2003, the 186th Law Commission Report criticized the existing Tribunal and National
Environmental Appellate Authority (under 1995 and1997 Act) and again emphasized on establishing environmental
courts in India. After the recommendation of the Law Commission Report and detailed report laid down before the
Houses, Parliament came up with a new set of Bill i.e. National Green Tribunal Bill. The said bill was effectively passed
and implemented as National Green Tribunal Act, 2010.

NGT is a specialised body set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of
cases relating to environmental protection and conservation of forests and other natural resources. With the

27
establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal,
only after Australia and New Zealand, and the first developing country to do so. NGT is mandated to make disposal of
applications or appeals finally within 6 months of filing of the same. The NGT has five places of sittings, New Delhi is the
Principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.

The NGT was formed with the objective of a special focus on environmental related incidents including the protection of
forest and natural resources. Following are the major objectives of the tribunal:

• To ensure that environment related laws are obeyed and act as a watchdog in case of any violations.
• To ensure the safety and conservation of forest and forest animals.
• To prevent the harm caused to the environment due to government or private actions.
• To ensure proper implementation of environmental related laws as listed in Schedule I of the National Green
Tribunal Act.
• To provide compensation to those who are victims of environmental degradation and who have suffered
damages as a result of it.
• To work towards spreading awareness about various environment related laws and the issues prevalent in the
society.

Schedule 1 : The NGT deals with civil cases under the seven laws related to the environment, these include:

• The Water (Prevention and Control of Pollution) Act, 1974,

• The Water (Prevention and Control of Pollution) Cess Act, 1977,
• The Forest (Conservation) Act, 1980,
• The Air (Prevention and Control of Pollution) Act, 1981,
• The Environment (Protection) Act, 1986,
• The Public Liability Insurance Act, 1991 and
• The Biological Diversity Act, 2002.

Any violation pertaining to these laws or any decision taken by the Government under these laws can be challenged
before the NGT.

ESTABLISHMENT OF THE TRIBUNAL: [Section 3] The Central Government shall, by notification, establish a Tribunal to be
known as National Green Tribunal to exercise the jurisdiction, powers and authority conferred on such Tribunal by or
under this Act. Structure of National Green Tribunal:

• Principal Bench New Delhi

• Central Zone Bhopal
• Eastern Zone Kolkata
• Southern Zone Chennai
• Western Zone Pune

COMPOSITION: Section 4 : A full time Chairperson; not less than ten but subject not maximum of twenty full-time
Judicial Members as the Central Government may, from time to time, notify; not less than ten but subject to maximum
of twenty full-time Expert Members, as the Central Government may, from time to time notify. The Chairperson may,
invite any one or more person having specialised knowledge and experience in a particular case before the Tribunal to
assist the Tribunal in that case.

QUALIFICATION: Section 5 : Chairperson

• a Judge of Supreme Court; or

• is, or has been, Chief Justice of a High Court; or

Judicial Members (10 – 20)

• a Judge of the Supreme Court of India, or

• Chief Justice of a High Court, or
• a person who is or has been a Judge of the High Court.

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Expert Member (10 – 20)

• Has a degree in Master of Science, Master of Technology, or Master of Engineering, and has an experience of
fifteen years in the relevant field. It also includes five years of practical experience in the field of environment
and forests in a National level institution, or
• Has administrative experience of fifteen years including experience of five years in dealing with environmental
matters in the Central or State Government or in a National or State level institution.

APPOINTMENT (S.6): the Chairperson, Judicial Members and Expert Members of the Tribunal shall be appointed by the
Central Government. The Chairperson shall be appointed by the Central Government in consultation with the Chief
Justice of India. The Judicial Members and Expert Members of the Tribunal shall be appointed on the recommendations
of such Selection Committee.

TERMS OF OFFICE [SECTION 7]: Chairperson - Tenure – 5 years or 70 years of age (judge of SC), 67 years of age (CJ of
HC) whichever is earlier. Judicial Members - Tenure – 5 years or 70 years of age (judge of SC), 67 years of age (CJ of HC or
judge of HC) whichever is earlier. Expert Members - Tenure – 5 years or 67 years of age, whichever is earlier.

REMOVAL AND SUSPENSION (S.10): The Central Government may, in consultation with the Chief Justice of India,
remove the Chairperson or Judicial Member of the Tribunal, who:

• has been adjudged insolvent; or

• has been convicted of an offense that involves moral turpitude; or
• has become physically or mentally unsound; or
• has acquired financial or other interest; or
• has abused his position.

They can be removed after an inquiry is made by a Judge of the Supreme Court. The Chairperson or Judicial Member
must be informed of the charges against them and given an opportunity to be heard. Expert member may be removed
by an order of Central Government on the above grounds after being given an opportunity to be heard.

JURISDICTION, POWER AND PROCEEDINGS OF THE TRIBUNAL (S.14): Tribunal shall have jurisdiction over all civil cases
where a substantial question relating to environment is involved and such question arises out of implementation of
enactment specified in Schedule I. Limitation period – application to be made within 6 months from the date on which
cause of action for such dispute first arose.

Exception – Tribunal on being satisfied that the applicant was prevented by sufficient cause, cause filing of the
application within further period not exceeding 60 days.

RELIEF, COMPENSATION, AND RESTITUTION (S.15): The Tribunal may, by order, provide:

• Relief and compensation to the victims of environmental damage.

• for restitution of property damaged and of the environment for such area or areas, as the Tribunal may think
fit.

The Tribunal will only consider requests for compensation, relief, or restoration of property or the environment if they
are submitted within five years of the date on which the initial grounds for those requests first appeared.

TRIBUNAL TO HAVE APPELLATE JURISDICTION (S.16)

Any person aggrieved by following, may, within a period of 30 days prefer an appeal to the Tribunal and the Tribunal
may, if satisfied, allow it to be filed within a further period not exceeding sixty days:

• an order or decision, made, by the appellate authority under S.28 of the Water Act
• an order passed by the State Government under S.29 of the Water Act
• directions issued by a Board, under S.33A of the Water Act
• an order or decision made by the appellate authority under S.13 of the Water Cess Act
• an order or decision made by the State Government or other authority under section 2 of the Forest
(Conservation) Act

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 • an order or decision, made by the Appellate Authority under S.31 of the Air Act
• any direction issued under S.5 of the Environment (Protection) Act
• an order made granting environmental clearance in the area in which any industries, operations or processes or
class of industries, operations and processes shall not be carried out or shall be carried out subject to certain
safeguards under the Environment (Protection) Act
• an order made refusing to grant environmental clearance for carrying out any activity or operation or process
under the Environment (Protection) Act
• any determination of benefit sharing or order made by the National Biodiversity Authority or a State
Biodiversity Board under the provisions of the Biological Diversity Act

APPLICATION OR APPEAL TO TRIBUNAL (S.18): Who can apply?

• Person who has sustained injury;

• Owner of the damaged property;
• Legal representative/s of deceased who died as a result of environmental damage;
• Any person aggrieved including representative body or organization;
• Central Govt/ State Govt/UT Administrator/CPCB/ SPCB/ Pollution Control Committee/Local Authority/
Environmental Authority.

PROCEDURE AND POWER - SECTION 19: Tribunal is not bound by procedure laid down by C.P.C, 1908 but has power to
regulate its own procedure. It shall be guided by Principal of Natural Justice. It is further not bound by Indian Evidence
Act, 1872. It shall for the purpose of discharging its functions, have same powers as are vested in Civil Court under C.P.C,
1908. Tribunal shall deemed to be a Civil Court u/s 195 of Cr.P.C, 1973. All the proceedings shall be deemed to be judicial
proceedings u/s 193, 219, 228 of IPC, 1860. Tribunal to apply certain principles Polluter Pays Principle, Principle of
Natural Justice, Principle of Sustainable Development, Precautionary Principle Principles

APPEAL TO SUPREME COURT [SECTION 22]: Any person aggrieved by any award, decision or order of Tribunal may file
an appeal to Supreme Court of India on grounds specified in S.100 of CPC (Second Appeal). Limitation - within 90 days
from the date of communication of the award, decision or order

Exception – Supreme Court may entertain any appeal after said 90 days, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal.

PENALTY FOR FAILURE TO COMPLY WITH THE ORDERS OF TRIBUNAL [SECTION 26]: Punishment – Imprisonment for a
term which may extend to 3 years; or fine which may extend to 10 crore rupees; or with both imprisonment and fine.
Where the contravention is a continuing one - Additional fine which may extend to 25,000 rupees every day during
which such failure or contravention continues. In case of a Company : Fine which may extend up to 25 crore rupees -
Additional fine which may extend to 1,00,000 rupees every day during which such failure or contravention continues.

JEET SINGH KANWAR V. UNION OF INDIA - The Tribunal annulled the environmental clearance granted by MoEF to a
power plant project as it was in contravention to the precautionary principle and the economic benefits were highly
disproportionate to the excessive environmental degradation. The Tribunal also annulled an environmental clearance
granted without any public hearing violating the principle of natural justice.

VARDHAMAN KAUSHIK V. UNION OF INDIA - The Tribunal scrutinized the pollution level in the capital city of Delhi.
Looking at the alarming figures, it directed a Committee to take preventive steps to overcome the issue. Further, it
ordered banning of vehicles that were more than 15 years old. The tribunal also issued an order to prohibit burning of
plastics and other harmful materials and further ordered establishment of special task force to look into the matter with
prominence.

In TRIBUNAL AT ITS OWN MOTION V. MINISTRY OF ENVIRONMENT & FORESTS, the NGT observed that wildlife was a
part of the environment and that any action that harms or causes damage to wildlife will be dealt with under the
purview of the tribunal.

SUNIL KUMAR CHUGH V. SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI - The Principal Bench at
New Delhi held that open spaces, adequate parking facilities in buildings and recreational grounds have an important

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bearing on a person’s right to life. This case is believed to have set a precedent in penalizing violators and setting aside
the illegal grants of environmental clearances and stand out as a landmark judgment for environmental jurisprudence

In M.P Patil v. Union of India, the National Green Tribunal annulled the environmental clearance granted to National
Thermal Power Corporation as the clearance was obtained by way of misrepresentation of facts. Moreover, the Tribunal
found the corporation guilty and imposed penalty for such misrepresentation.

NGT & POLLUTION CONTROL BOARDS: They both play a huge role in enforcing rules to safeguard the environment and
for sustainable development. NGT and PCBs were constituted which needs specialised knowledge related to
environment and various pollution and can be deal by the persons who have good knowledge of it. The NGT provides
environmental justice and helps reduce the burden of litigation in the higher courts. The purpose of NGT Act 2010 is to
speedy and effective disposal of cases related to environment protection and conservation of forest and other natural
resources. It has a strong order enforcing mechanism and if the orders of NGT are not followed than it has power to
impose fine as well as punishment.

Principal function of the PCBs are (i) to promote cleanliness of streams and wells in different areas of the States by
prevention, control and abatement of water pollution, and (ii) to improve the quality of air and to prevent, control or
abate air pollution in the country. It provides the technical support to the Ministry of Environment and forest. It has an
automatic monitoring station. Also provides background air quality data needed for industrial sitting and towns
planning.

NGT & HIGH COURTS: Any violations pertaining only to the laws (under Schedule 1), or any order/decision taken by the
Government under these laws can be challenged before the NGT. Importantly, the NGT has NOT been vested with
powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927, and various laws
enacted by States relating to forests, tree preservation, etc. Therefore, specific and substantial issues related to these
laws cannot be raised before the NGT. You will have to approach the State High Court or the Supreme Court through a
Writ Petition (PIL) or file an Original Suit before an appropriate Civil Judge. In Madhya Pradesh High Court Advocates Bar
Association and Anr. V. Union of India and Anr. (2022), S.14 and S.22 of NGT Act does not oust the High Court’s
jurisdiction under A.226 and the power of judicial review remains intact and unaffected by the NGT Act.

UNIT – III : Emerging Principle & Issues

Sustainable Development
Brundtland report (1987): SD is development that meet the needs of the present without compromising the ability of
the future generations to meet their own needs.

Principles of SD:

• Inter-generational equity
• Use and conservation of natural resources
• Environmental protection
• Precautionary principle
• Polluter pays principle
• Obligation to assist and cooperate
• Eradication of poverty
• Financial assistance for developing countries

Rio declaration P.3 – right to development to be fulfilled to meet environmental needs of future.

Rio declaration P.4 – to achieve SD, environmental protection to constitute integral part of development process

Rural litigation and entitlement kendra v. State of UP (1985) - First case relating to environment and development.
Court: permanent assets to mankind and not intended to be exhausted in one generation.

Indian Council for enviro-legl action v. UOI (1996) - Development and environment go hand in hand. There should not
be development at the cost of environment and vive-versa.

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Principle of Absolute Liability
Doctrine is free from the exceptions to strict liability. If an industry or enterprise is engaged in some inherently
dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage
then the industry officials are absolutely liable to pay compensation to the aggrieved parties. They will not be allowed
any exceptions. The doctrine Evolved in MC Mehta v. UOI (1987). SC: an enterprise involved in hazardous and inherently
dangerous activity – absolutely liable – harms and injury caused by such activity.

Indian Council for Enviro-legal Action v. UOI (1996) - Sludges case. Destroyed whole village spreading disease, death
and disaster. Liable and he has to make good the loss suffered by the injured.

UP State electricity Board v. District Magistrate, Dehradun (1998) - Whether electricity is hazardous substance?
Electrons are materials substance with physico-chemical properties.

Polluter Pay Principle

The polluter has to not only compensate the victims of pollution but also compensate for the restoration of
environmental degradation caused. In other words, PPP imposes liability on a person who pollutes the environment to
compensate for the damage caused and return the environment to its original state regardless of the intent.

OECD (1972) – recommended this principle as an essentially economic efficiency measure to internalize environmental
costs. The principle was to be used for allocating costs of pollution prevention and control measures to encourage
rational use of scarce environmental resources and to avoid distortions in international trade and investment.

In the OECD context, Polluter Pays Principle is a non-subsidisation principle - governments should not give subsidies to
industries for pollution control. It concerns who should pay for environmental protection, not how much should be paid.

Rio Declaration P.16 – It provides that national authorities should endeavor to promote the internalization of
environmental costs and the use of economic instruments. Originally an economic and administrative measure to
restrain and control pollution problem.

M.C. Mehta vs Union Of India & Ors 1996 (Taj Trapizium case) - chemical industry and Mathura refineries were the
major polluters of Taj Mahal. The court ordered the industries to switch to gas from fuel or shift their location of work.
The industries which did not comply with orders were ordered to shut down unconditionally. Justice Kuldeep Singh
added a new dimension to the ‘polluter pays principle’. He stated that the workers of the industries should not suffer as
a result of closure or shifting of location. The workers were ought to be given compensatory benefits in the form of
residential accommodation, continuity of their job till the industry restart etc.

Indian Council for Enviro-legal Action v. UOI (1996) - emission of concentrated sulphuric acid and aluminium sulphate
from one of industry, Hindustan Agro Chemical Limited caused discomfort in the lives of the villagers in village called
Bichhri in Udaipur district in Rajasthan. the judgement was held that however engaged in an activity which involves
usage of inherently dangerous substance, the polluter shall be liable to pay for the damages so caused to human and
nature. The polluter pays principle was applied by making the polluter responsible for all the financial expenditure in
bringing the surroundings back to its original condition.

Vellore Citizen’s Welfare Forum v UOI (1996) - SC: "The polluter pays principle means that the absolute liability for
harm to environment extends not only to compensate the victims of pollution but also the cost of restoring the
environmental degradation. Remediation of damaged environment is a part of the process of sustainable development
and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged
ecology. "

Precautionary Principle
Environment generally has assimilative capacity. Absorbs shock of pollution to an extent. Only beyond its limit does it
need efforts to repair. Recently, there is shift from assimilative capacity to precautionary principle. Precautionary
Principle recognizes that delaying action until there is compelling evidence of harm will often mean that it is then too
costly or impossible to avert the threat. Use of the principle promotes action to avert risks of serious or irreversible
harm to the environment in such cases.

Essentials elements for precautionary principle

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 • where there is uncertainty. Where the threat is relatively certain (i.e. a causal link between an action and
environmental damage can be established, the probability of occurrence can be calculated, and the damage
insured against), measures may also need to be taken.
• where there is a threat of environmental damage. Where there is no indication of a threat of environmental
harm, the principle will not apply; and.
• where the threatened harm is of a serious or irreversible nature. Where threatened damage is trivial or easily
reversible, the principle will not be relevant.

Rio Declaration P.15 - In order to protect the environment the Precautionary Approach shall be widely applied by States
according to their capabilities. Where there are threats of 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.

Vellore Citizen’s Welfare Forum v UOI (1996) - The court emphasized on the fact that there should be a balance
between economic growth and protection of the environment. The Court rejected the traditional concept that ecology
and development are opposed to each other. The Court also reviewed the development of the concept of sustainable
development in the international sphere. The Court referred to the Stockholm Declaration of 1972, Caring for Earth,
1991, the Earth Summit, and the Rio Declaration of 1992 and opined that the Precautionary Principle and the Polluter
Pays Principle are indispensable features of Sustainable Development.

AP Control Pollution Board vs. Prof. M V Nayadu (1999) - The Court stated that it is better to go wrong in taking
caution and prevent environmental harm rather than waiting for the issue to materialize into an irreversible problem.
The Court opined that the Precautionary Principle was evolved because of lack of scientific certainty only, and the
principle involves anticipating the harm the environment may suffer and act on the basis of that.

Narmada Bachao Andolan v UOI - The Apex Court very clearly laid down the proposition of law, and specifically of
Precautionary Principle. The Court stated that when an issue pertains to environmental damage, the onus of proof is on
the person who is contending that the activities carried on by him are not harmful to the environment. The party who is
giving such contention also has to satisfy the Court of the same, that there will be no environmental degradation due to
his activities.

Public Trust Doctrine

The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have
such a great importance to the people as a whole that it would not be justified to make them a subject of private
ownership. The doctrine enjoins upon the Government to protect the resources as trustees for the enjoyment of the
general public rather than to permit their use for private ownership or commercial purposes.

Origin – Roman empire founded this doctrine. Roman King Justinian stated a section that “the air, the water, and the sea
are all common to the public and is entitled to be used by anyone due to the law of nature”. Roman Law – resources
were owned by no one or by everyone.

English law – sovereign owned resources but could not grant these to private people so as to interfere with public
interests. So, common properties were held by Government in trusteeship. Doctrine rests on principle – certain
resources have great significance to public and would be unjustified to subject them to private owners.

Legal Position: The Stockholm Declaration of United Nations on Human Environment Principle 2: “The natural resources
of the earth, including the air, water, land, flora and fauna and especially representative samples of natural system, must
be safeguarded for the benefit of present and future generations through careful planning or management, as
appropriate.”

Constitution Of India A.48A: The State shall endeavour to protect and improve the environment and to safeguard the
forests and wild life of the country.

MC Mehta v. Kamalnath (1997) - Span Motels Pvt Ltd built club at bank of river Beas by encroaching on land and forest.
Course of river was diverted to save motel from flood. SC: The State as a trustee is under a legal duty to protect the
natural resources. These resources meant for public use cannot be converted into private ownership.

KM Chinnappa v. UOI (1997) - Mining lease to Kudremukh iron ore company. SC: aesthetic use and pristine glory
cannot be eroded for private, commercial use unless in good faith and in public good.

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Public Liability Insurance (no fault liability)
Object of the Act: A need to enact this law in India was felt after the Bhopal Gas Tragedy. To provide immediate relief to
persons affected by accident occurring while handling any hazardous substance

Significant feature: No fault liability (the defendant will be held liable without any negligence or ‘fault’ on his part). S.3 –
if death, damage, injury is caused to any person (other than workman of that industry) as a result of accident caused
while handling hazardous substances, then the owner shall be liable to give relief

Quantum of relief (Schedule)

Procedure (S.6) Who can apply for relief?

• by the person who has sustained the injury

• by the owner of the property to which the damage has been caused
• where death has resulted from the accident, by legal representatives of the deceased
• by any agent duly authorized by person

To whom they should apply: Application should be made to district collector along with relevant and prescribed
documents:

• Certificate authorised by physician regarding disability or injury

• Death certificate or post mortem report for fatal accidents
• Certificate of employer regarding loss of wages due to disability
• Certificate about DOB
• Medical bills
• Certificate of cost of repairs or replacement of private property

When should they apply: Within 5 years from date of occurrence of the accidents. No application for relief shall be
entertained after that.

Procedure for awarding relief (S.7)

• Claim application
• Collector to hold inquiry after giving notice to owners
• Parties given opportunity to be heard
• Collector may hold summary procedures
• Collector has powers of a civil court for evidence taking
• After inquiry – award determining amount of relief
• Insurer and owner shall deposit amount within 30 days
• Collector arranges to pay relief from Environment Relief Fund
• If owner fails to pay, it shall be recovered as arrears on land revenues
• Claim for relief shall be disposed of within 3 months from receipt of application

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Right to claim compensation (S.8): Victims have right under this Act. This right is in addition to any other right to claim
under any other law. When owner is liable to pay compensation under many acts, amount paid under PLI Act will be
deducted from other amounts.

Duty of owner to take insurance policies (S.4)

Penalty for contravention of S.4 (S.14): Owner handling hazardous substances shall take one or more insurance policies
to give relief u/s.3 of the Act. Fails to take or renew policy – imprisonment of 18months to 6 years and fine not less than
1 lakh. Second time conviction - imprisonment of 2 to 7 years and fine not less than 1 lakh

Environmental Relief Fund (S.7A): Central government - Environmental Relief Fund. Utilized for paying relief amount.
Owner shall pay to insurer along with premium the amount to be credited to this Fund. Insurer shall remit this amount
to Fund

Powers of Central Government

• Power to call for information (S.9)

• Power of entry and inspection (S.10)
• Power of search and seizure (S.11)
• Power to give directions (S.12)
• Power to make application to courts for restraining owner from handling hazardous substances (S.13)
• Power to make rules (S.23)

Advisory committee (S.21): Central Government may constitute this to take care of matters relating to the insurance
policy:

• 3 officers representing the Central Government

• 2 persons representing the insurers
• 2 persons representing the owners
• 2 persons from among the experts of insurance of hazardous substances to be appointed by the Central
Government

Offences by companies (S.16): Person directly in-charge and responsible to the company for conduct of business shall be
deemed guilty. If offence was committed without his knowledge and he exercised due diligence, he shall not be liable to
punishment

Offences by Government departments (S.17): Head of the department shall be deemed guilty. If offence was committed
without his knowledge and he exercised due diligence, he shall not be liable to punishment

UP State Electricity Board v. District Magistrate, Dehradun - Person died after coming into contact with high tension
wire hanging at low height of 10 feet. Claim for relief under Public liability insurance act. Court: act is for social objective
and liberal interpretation must be used. Not necessary for claimant to plead death/injury was caused due to negligence.
Owner cannot escape liability of ground of having taken no insurance policy

Gyan Prakash v. General Manager Ordnance Factory, Khamaria - MP High Court: liability of the owner to give relief
u/s.3 is independent of the obligation of the owner to take insurance policies u/s.4. He will be liable even without
insurance. Insurance policy is essential before he starts ‘handling any hazardous substances’. Where owner does not
deal with hazardous substances, he is not under obligation to take insurance. In this case, the owner did not
manufacture/produce any hazardous substance in vehicle Gun Factory.

Hazardous Waste (doesn’t apply)

The recurring problem of increasing accumulation of waste in India is a worrisome situation. 1.4 lakh tonnes (1400 kg)
of waste is generated in India daily, constituting of dry waste, wet waste and plastic waste. In all of this hazardous
wastes remain one of the biggest problems in India. Hazardous waste in India originates from various industrial units.
Hazardous waste in India was also imported from industrialised nations such as Malaysia and Saudi Arabia for re-
processing and recycling until 2016 [enactment of Hazardous and Other Wastes (Management & Transboundary
Movement) Rules, 2016]. Hazardous waste means any waste, which by reason of characteristics, such as physical,
chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger to health, or environment. The

35
Ministry of Environment, Forest and Climate Change defines hazardous waste as ‘any waste which due to its physical,
chemical or biological composition is likely to harm health or environment.’ It comprises the waste generated during the
manufacturing processes of the commercial products such as industries involved in petroleum refining, production of
pharmaceuticals, petroleum, paint, aluminium, electronic products etc. The ambit of the Rules has been expanded by
including ‘Other Waste’.

Resource Conservation and Recovery Act (RCRA) Laws and Regulations

• F LIST- Hazardous waste by industries from electric operation

• K LIST – Specific Industries eg Aluminium industry
• P and U LIST – Commercial Chemical Product
o P-acute hazardous waste
o U-toxic hazardous waste

Health Hazards: Hazardous waste is more dangerous for its direct effect on health and environment. The combustible
gas methane is a common byproduct of accumulation of hazardous waste, resulting in health diseases such as lung
infection, heart diseases, radiation which can cause cancer. Methane is also known to affect water-bodies, rendering
them useless due to the accumulation of the gas on the surface. Hazardous waste can also seep through drainage
systems to affect drinking water, rendering them poisonous.

The Hazardous Wastes (Management and Handling) Rules, 1989: India signed and ratified the Basel Convention, 1992
dealing with transboundary movement and disposal of hazardous waste. The restrictions on cross-border transportation
of hazardous waste for purposes of recycling as provided in the Basel Convention are incorporated in the HWM Rules.
These Rules falls under the Environment (Protection) Act, 1986 and consists of 18 rules and 4 schedules. ‘hazardous
waste’ has not been defined in the Rules but has been mentioned to include – waste substances which are generated in
the processes mentioned in the Schedule.

Objective - to control the generation, collection, treatment, import, storage, and handling of hazardous waste.

Schedules

Schedule 1 List of processes generating hazardous waste (contains 44 processes)

Schedule 2 List of waste substances with concentration limits

Schedule 3 Lists of waste to be applicable for imports and exports; also provides hazardous characteristics of 14
substances

Schedule 4 Lists 5 authorities and duties to be performed by them

NON-APPLICABILITY [Rule.2]: waste-water and exhaust gases as covered under the provisions of the Water (Prevention
and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. wastes arising out of the
operation from ships beyond five kilometres of the relevant baseline as covered under the provisions of the Merchant
Shipping Act, 1958. radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962. Added after
amendments:

• bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998
• wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000
• lead acid batteries covered under the Batteries (Management and Handling) Rules, 2001

Responsibilities of occupiers: (R.4) occupier and the operator of a facility shall be responsible for proper collection,
reception, treatment, storage and disposal of hazardous wastes listed in Schedule 1, 2 and 3.

Salient features of the rules

Every occupier of a factory under Rule 5 is required to obtain authorization from SPCB, and will be responsible for safe
and environmentally sound handling of hazardous wastes generated in the establishment. As such it is mandated that
every occupier must

• sell hazardous waste only to a registered recycler,

• transport such waste in the manner prescribed,
• prevent accidents, and

36
 • increase awareness.

Further, the occupier has to file annual returns and maintain records regarding generation of hazardous waste in
prescribed forms.

Treatment, Storage and Disposal Facility for Hazardous Wastes (R.8A): The SPCB is also required to regularly monitor
both the setting up of the facility as well as its operation. The identification of a site for the establishment of the facility
is the responsibility of:

• State Government, or
• the person who controls the affairs of the factory, specifically those related to the hazardous and other wastes,
or
• the operator of the facility.

Rule 13, 14 deal with import and Export of Hazardous Waste respectively. For import:

• Every occupier seeking to import hazardous wastes shall apply to the SPCB at least 120 days in advance forward
the application with recommendation and requisite stipulations for safe transport, storage and processing, to
the Ministry of Environment and Forests;
• They will examine the application and then grant permission

For export:

• exporting country or the exporter shall apply 90 days in advance to the Ministry of Environment and Forests,
seeking permission for the proposed export and transboundary movement
• Ministry shall communicate the grant of permission by authentication to the exporter and the exporting
country and endorse a copy of the same to the CPCB and the SPCB

S.16 Liability Of The Occupier, Transporter And Operator Of A Facility: The occupier, transporter and operator of a facility
shall be liable for damages caused to the environment resulting due to improper handling and disposal of hazardous
waste. The occupier and operator of a facility shall also be liable to reinstate or restore damaged or destroyed elements
of the environment at his cost, failing which he shall be liable to pay the entire cost of restoration and pay in advance an
amount equal to the cost estimated by the State

Pollution Control Board or Committee: Board or Committee shall plan and cause to be executed the programme for
remediation or restoration. The advance paid to State Pollution Control Board or Committee towards the cost of
remediation or restoration shall be adjusted once the actual cost of remediation or restoration is finally determined and
the remaining amount, if any, shall be recovered from the occupier or the operator of the facility. The occupier and
operator of a facility shall be liable to pay a fine as levied by the State Pollution Control Board with the approval of the
Central Pollution Control Board for any violation of the provisions under these rules

General points: The following items have been prohibited for import:

• Waste edible fats and oil of animals, or vegetable origin;

• Household waste;
• Critical Care Medical equipment;
• Tyres for direct re-use purpose;
• Solid Plastic wastes including Pet bottles;
• Waste electrical and electronic assemblies scrap;
• Other chemical wastes especially in solvent form.

Responsibilities of State Government for environmentally sound management of hazardous and other wastes have been
introduced as follows:

• To set up/ allot industrial space or sheds for recycling, pre-processing and other utilization of hazardous or
other waste.
• To register the workers involved in recycling, pre-processing and other utilization activities.
• To form groups of workers to facilitate setting up such facilities.
• To undertake industrial skill development activities and ensure safety and health of workers.

37
 • The basic necessity of infrastructure to safeguard the health and environment from waste processing industry
has been prescribed as Standard Operating Procedure (SOPs), specific to waste type, which has to be complied
by the stakeholders and ensured by SPCB/PCC while granting such authorisation.

Labelling Requirements: The occupier must mark the hazardous waste containers with the labels as specified in Form 8
of the Rules with fluorescent yellow colour background written in Red “HAZOURDOUS WASTE” and “HANDEL WITH
CARE”

Research Foundation v. Union of India & Others, WP 657/1995 (2003.10.14) - Research Foundation for Science,
Technology and Natural Resource Policy, in 1995 had filed a PIL requesting the court to ensure compliance of
international and national laws governing hazardous waste and ban import of all hazardous wastes. They contended
that without adequate protection to the workers and the public and without any provision of sound environmental
management of disposal of hazardous/toxic wastes, the Hazardous Wastes (Management & Handling) Rules, 1989, are
violative of Fundamental Rights and, therefore, unconstitutional. SC bench in their order, added that the hazardous
waste rules need to take note of A.21 (right to life), A.47 (duty of the state to raise the level of nutrition and the
standard of living and to improve public health) and A.48A (protection and improvement of the environment and
safeguarding of forests and wildlife) of the Indian Constitution.

Bio-Medical Waste
India generates around three million tonnes of medical wastes every year and the amount is expected to grow at eight
per cent annually. India generated 56,898 tonnes of Covid-19 bio-medical waste between June 2020 and June 2021,
data from the Union Ministry Of Environment, Forest and Climate Change shows. Biomedical waste poses hazard due to
two principal reasons – the first is infectivity and other toxicity.

Bio-medical Waste (Management and Handling) Rules, 1998 : These rules are applicable to all those who generate,
collect, receive, store, transport, treat, dispose or handle bio-medical waste in any form. R. 3(5) defines “Biomedical
Waste” as any waste, which generated during the diagnosis, treatment or immunization of human being or animals or in
research activities pertaining thereto or in the production or testing of biologicals, and including categories mentioned
in Schedule I. BMW Rules regulate the manner of disposal of bio-medical wastes and provide a detailed framework for
the processes and mechanisms to be followed for their effective disposal.

BMW Rules 2016: Applicable to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio
medical waste in any form. Not apply to:

• Radioactive wastes,(AEA,1962)
• Wastes covered under the Municipal Solid Waste Rules, 2000
• Lead acid batteries,
• Hazardous wastes,
• E-waste,
• Hazardous microorganisms

Categories of bio-medical waste: (Schedule 1) Bio Medical waste consists of:

• Human anatomical waste like tissues, organs and body parts

• Animal wastes generated during research from veterinary hospitals
• Microbiology and biotechnology wastes
• Waste sharps like hypodermic needles, syringes, scalpels and broken glass
• Discarded medicines and cytotoxic drugs
• Soiled waste such as dressing, bandages, plaster casts, material contaminated with blood, tubes and catheters
• Liquid waste from any of the infected areas
• Incineration ash and other chemical wastes

Schedule 1 further provides various methods for disposal of such waste according to their nature. Some methods
include:

• Incineration

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 • Deep burial
• Local autoclaving
• Micro-waving
• Mutilation
• Disposal in landfills
• Disinfection
• Chemical treatment

R.4 makes a duty of every occupier of an institution generating BMW (hospitals, clinics, veterinary hospital, blood bank,
etc) to take all steps to ensure that such a waste is handled without any adverse effect on human health and the
environment.

R.6. Segregation, Packaging, Transportation And Storage: Bio-medical waste shall not be mixed with other wastes and
shall be segregated into containers/bags at the point of generation prior to its storage, transportation, treatment and
disposal. The containers shall also be labeled according to Schedule 3. No untreated BMW shall be kept beyond a period
of 48 hours without permission.

As per R.5(2), all covered institutions are mandated to either set up treatment facilities like incinerator, autoclave,
microwave system, or to ensure that all BM Waste is treated at a common waste treatment facility.

Rule 8(1) requires every occupier of an establishment generating, or dealing in BM Wastes in any other manner, and of a
treatment facility to make an application for authorization from SPCB. The authorization granted is for 3 years after
which it must be renewed.

There is no specific penalty provided and hence, non-compliance will invoke general penalty under EPA i.e.
imprisonment of occupier up to 5 years and/or fine up to INR 100,000

M. C. MehtaVs Union of India & Others - The relates to dumping of biomedical waste in Delhi. Biomedical waste of the
corona patients were mixed with that of general patients and thrown in open. This could create havoc and thus its
treatment by incinators and disposal was required. Under the Bio-Medical Waste (Management and Handling) Rules
2016, the individual hospitals can enter into a contract only with the SPCB approved Common Bio-Medical Waste
Treatment Facility (the Contractor) who collects the waste from the hospitals and manages its disposal. The tracking of
biomedical waste generated, collected, processed and recycled needs to be improved urgently by adopting the bar-code
system, as specified in the 2016 Rules which has not yet been implemented completely. The SC directed that a meeting
of the Central Pollution Control Board, Delhi Pollution Control Board and EPCA and the requisite stakeholders of the
concerned departments of the Central Government and Delhi Government and National Capital Region, including the
representatives of the corporations be called for urgently within three days and steps be taken with respect to clearing
bio-medical waste of various hospitals and that of Corona patients. The SC said that notice be issued to the hospitals
and asked to ensure that that bio-medical waste was not dumped in the open area and properly segregated and
disposed of.

Genetic Engineering
Genetic engineering, also called genetic modification or genetic manipulation, is the direct manipulation of an
organism's genes using biotechnology. It is a set of technologies used to change the genetic makeup of cells, including
the transfer of genes within and across species boundaries to produce improved or novel organisms (New DNA is
obtained by either isolating and copying the genetic material of interest). Genetic engineering has been applied in
numerous fields including research, medicine, industrial biotechnology and agriculture. The rise of commercialised
genetically modified crops has provided economic benefit to farmers in many different countries, (more than 10% of the
world’s croplands are planted with GM crops) but has also been the source of most of the controversy surrounding the
technology.

Cloning - The production of a cloned embryo by transplanting the nucleus of a somatic cell into an ovum.

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Golden Rice - Genetic modification is often used to make healthier foods, such as golden rice, which contains beta-
carotene — the very same vitamin that makes carrots orange. The result is that people without access to many vitamins
will get a healthy dose of vitamin A when the rice is consumed.

COVID Vaccine - the COVID-19 vaccine used genetic engineering to achieve immunity. The Pfizer and Moderna vaccines
use mRNA genetic sequencing to help a person's body recognize the COVID virus.

Challenges of Genetic Engineering

• The production of genetically-engineered entities may produce undesired results which are unforeseen.
• With the introduction of a genetically-engineered entity into one ecosystem for a desirable result, may lead to
distortion of the existing biodiversity.
• Genetically-engineered crops can produce adverse health effects.
• The concept of genetic-engineering is debated for its bioethics where community against it argue over the right
of distorting or moulding the nature as per our needs.

Rules for Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms/Genetically Engineered
Organisms or Cells, 1989: With a view to protecting environment, nature and health, in connection with the application
of gene technology and microorganisms, this rule had been notified under EPA, 1986. These rules are the apex rules for
regulation of all activities related to genetically engineered organisms and products.

R.3(iv) defines "Genetic engineering" – the technique by which heritable material, which does not usually occur or will
not occur naturally in the organism or cell concerned, generated outside the organism or the cell is inserted into said
cell or organism. It shall also mean the formation of new combinations of genetic material by incorporation of a cell into
a host cell, where they occur naturally (self cloning) as well as modification of an organism or in a cell by deletion and
removal of parts of the heritable material

Scope: The Rules, 1989 are broad in scope and cover areas of research and application of GMOs and its products and
apply to:

• Manufacture, import and storage of microorganisms and gene technological products

• Genetically engineered organisms/microorganisms and cells and correspondingly to any substance and
products and foodstuffs of which such cells, organisms or tissues form part
• New gene technologies in addition to cell hybridization and genetic engineering

Competent authorities: Six competent authorities and their composition and roles have been notified under the rules:

Various sub-committees and expert committees are set up by RCGM and GEAC on a case to case basis comprising of
experts.

Approvals and prohibitions: The approvals and prohibitions under Rules 1989 are summarized below:

• No person shall import, export, transport, manufacture, process, use or sell any GMOs, substances or cells
except with the approval of the GEAC.
• Any person operating or using GMOs for scale up or pilot operations shall have to obtain permission from
GEAC.
• For purpose of education, experiments on GMOs, IBSC can look after
• Deliberate or unintentional release ofGMOs not allowed.
• Production in which GMOs are generated or used shall not be commenced except with the approval ofGEAC

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 • GEAC supervises the implementation of rules and guidelines.
• If orders are not complied, SBCC/DLC may take suitable measures at the expenses of the person who is
responsible.
• In case of immediate interventions to prevent any damage, SBCC and DLC can take suitable measures and the
expenses incurred will be recovered from the person responsible.
• All approvals shall be for a period of 4 years at first instance renewable for 2 years at a time.
• GEAC shall have powers to revoke approvals in case of:
o Any new information on harmful effects of GMOs.
o GMOs cause such damage to the environment as could not be envisaged when approval was given.
o Non-compliance of any conditions stipulated by GEAC

Aruna Rodrigues & Ors vs Union Of India & Ors - a direction or order is requested from UOI, not to allow any release
of GMOs into the environment by way of import, manufacture, use or any other manner. This is due to the fact that
GMOs are allowed to be released in the environment without proper scientific examination of bio safety concerns and
affecting both the environment and human health. In 2006 it was directed that till further orders, field trials of GMOs
shall be conducted only with the approval of the Genetic Engineering Approval Committee (for short ‘GEAC’). In 2007,
the Court lifted the moratorium on open field trials, subject to the conditions stated in that order, including a directive
in regard to the maintenance of 200 metres isolation distance while performing field tests of GMOs. A further
clarification was introduced in 2008, whereby all concerned were directed to comply with the specific protocol of Level
Of Detection. In 2011,the Court directed for the establishment of aTechnical Expert Committee and to perform certain
functions:

o To review and recommend the nature of sequencing of risk assessment (environment and health safety)
studies that need to be done for all GM crops before they are released into the environment.
o To recommend the sequencing of these tests in order to specify the point at which environmental release
though Open FieldTrials can be permitted.
o To advise on whether a proper evaluation of the genetically engineered crop/plants is scientifically tenable in
the green house conditions and whether it is possible to replicate the conditions for testing under different
agro ecological regions and seasons in greenhouse.
o To advise on whether specific conditions imposed by the regulatory agencies for Open Field Trials are
adequate. If not, recommend what additional measures/safeguards are required to prevent potential risks to
the environment.
o Examine the feasibility of prescribing validated protocols and active testing for contamination at a level that
would preclude any escaped material from causing an adverse effect on the environment.
o To advise on whether institutions/laboratories in India have the state-of-art testing facilities and professional
expertise to conduct various biosafety tests and recommend mechanism to strengthen the same. If no such
institutions are available in India, recommend setting up an independent testing laboratory/institution.
o The Expert Committee would be free to review reports or studies authored by national and international
scientists if it was felt necessary.

Disaster Management (covid 19)

Disruption on a massive scale, either natural or man-made, occurring in short or long periods is termed as Disaster.
Disasters can lead to human, material, economic or environmental hardships, which can be beyond the bearable
capacity of the affected society. The global efforts to manage disasters have proven to be insufficient to match the
frequency and magnitude of natural disasters. Disaster management in India has been an important point of discussion
owing to frequent natural disasters ranging from earthquakes, floods, drought, etc. As per statistics, India as a whole is
vulnerable to 30 different types of disasters that will affect the economic, social, and human development potential to
such an extent that it will have long-term effects on productivity and macro-economic performance. This law was
drafted in the wake of 2004 Tsunami which hit India’s eastern coast and killed about 10,000 people. Disasters can be
classified into the following categories:

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 • Water and Climate Disaster: Flood, hail storms, cloudburst, cyclones, heat waves, cold waves, droughts,
hurricanes.
• Geological Disaster: Landslides, earthquakes, volcanic eruptions, tornadoes
• Biological Disaster: Viral epidemics, pest attacks, cattle epidemic, and locust plagues
• Industrial Disaster: Chemical and industrial accidents, mine shaft fires, oil spills,
• Nuclear Disasters: Nuclear core meltdowns, radiation poisoning
• Man-made disasters: Urban and forest fires, oil spill, the collapse of huge building structures

The Disaster Management Act, 2005: The main focus of this act is to provide the people who are affected with disasters,
their life back and helping them. According to S.2(d) of the Disaster Management Act, “disaster means-

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

• arising from natural or manmade causes, or by accident or negligence,
• which results in substantial loss of life or human suffering or damage to, and destruction of, property, or
damage to, or degradation of, environment, and
• is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.”

This means disaster under the purview of the Disaster Management Act includes natural or man-made disasters as well
as disasters caused due to accidents or negligence like an industrial or biological disaster.

S.2(e): Disaster Management is defined as an integrated process of planning, organizing, coordinating and implementing
measures which are necessary for-

• Prevention of threat of any disaster

• Reduction of risk of any disaster or its consequences
• Readiness to deal with any disaster
• Promptness in dealing with a disaster
• Assessing the severity of the effects of any disaster
• Rescue and relief
• Rehabilitation and Reconstruction

Agencies involved in Disaster Management

National Disaster Management Authority (NDMA):- The National Disaster Management Authority, or the NDMA, is an
apex body for disaster management, headed by the Prime Minister of India. It is responsible for the supervision,
direction, and control of the National Disaster Response Force (NDRF).

National Executive Committee (NEC):- The NEC is composed of high profile ministerial members from the government of
India that include the Union Home Secretary as Chairperson, and the Secretaries to the Government of India (GoI)like
Ministries/Departments of Agriculture, Atomic Energy, Defence, Drinking Water Supply, Environment and Forests, etc.
The NEC prepares the National Plan for Disaster Management as per the National Policy on Disaster Management.

State Disaster Management Authority (SDMA):- The Chief Minister of the respective state is the head of the SDMA.The
State Government has a State Executive Committee (SEC) which assists the State Disaster ManagementAuthority
(SDMA) on Disaster Management.

District Disaster Management Authority (DDMA):- The DDMA is headed by the District Collector, Deputy Commissioner
or District Magistrate depending on the situation, with the elected representatives of the local authority as the Co-
Chairperson. The DDMA ensures that the guidelines framed by the NDMA and the SDMA are followed by all the
departments of the State Government at the District level and the local authorities in the District.

Local Authorities:- Local authorities would include Panchayati Raj Institutions (PRI), Municipalities, District and
Cantonment 11 Institutional and Legal Arrangements Boards, and Town Planning Authorities which control and manage
civic services.

S.38 of the Act says state governments shall take all measures specified in the guidelines laid down by the national
authority

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

Penalties: Central Govt can issue instructions to any authority anywhere in India to assist and contribute in disaster
management. Failure to follow such directions leads to violation of the act. S.51: anyone refusing or failing to follow
orders is liable for punishment with imprisonment up to one year, or fine, or both. S.52: guarantees imprisonment for
almost two years and a fine on any person making false claims to gain relief benefits. S.54 enforces imprisonment of one
year or a fine on anyone circulating false alarms about the severity of a disaster.

MHVijayan v. State of Kerala - Section 72 of the Act (Act to have overriding effect), in effect, gives the general law of
“Apat Dharma”, a statutory recognition. In times of disasters, the Disaster Management Act, 2005 will and should
override the provisions of other laws, because the Act, 2005 is intended to protect the very life of the citizens, without
which the words right, liberty or freedom and even the word Constitution will have no meaning. Apat-Dharma means a
course of procedure not usually proper or permissible in ordinary times but allowable in times of extreme distress or
calamity. Though the Act came into effect 16 years ago, it got popular and made headlines with the onset of COVID-19
and PM Modi’s call for a nationwide lockdown in May 2020. The lockdown was imposed under the same Disaster
Management Act, 2005. The National Disaster Management Authority has time-to-time issued various guidelines
related to different disasters, including ‘Guidelines on Management of Biological Disasters, 2008’, which was used to
give directions and to carry out various activities to control the pandemic.

Coastal Zone Management (zones)

The Coastal zones are defined by the extent of territorial waters up to the high water mark. They are long, narrow
features of mainland, islands and seas, generally forming the outer boundary of the coastal domain. By the year 2025,
the coastal population is expected to account for about 75% of the total population of the world. More than 70% of the
world’s megacities are located in coastal areas. Coastal ecosystems yield 90% of the global fisheries. The main coastal
environmental problems are the natural threats to the land such as cyclonic storms, tsunamis, and sea ingression. In
addition to these, continuous population growth coupled with rapid urbanization and economic growth is leading to
ecological health destruction, habitat destruction, resource depletion, and exotic organism invasion.

It is estimated that approximately 4800 billion tons of household waste and 65 million tons of solid waste is dumped
annually in the sea. Due to these ongoing attacks on the mangroves, and coral reefs, fish breeding is constantly
decreasing and affecting the livelihood of 200 million people living along our country’s 7517 kilometer long coastline.

Coastal Zone Management: Coastal Zone Management Act (CZMA) was passed in 1972 and provided a formal structure
to address the challenges of continued growth in coastal areas. It is administered by National Oceanic and
AtmosphericAdministration (NOAA). This act recognizes that ensuring access to clean water and healthy ecosystems
that support a vibrant coastal economy requires effectively integrating science, technology, and public policy. The goals
of the CZMA are to “preserve, protect, develop, enhance, and restore where possible, the coastal resources.” The
National Coastal Zone Management Program established under the Coastal Zone Management Act, 1972, takes into
account the benefits of marine habitats to the Indian economy and encourages coastal states to collaborate with the
federal government under developing programs to protect and improve the areas. The Coastal Regulation Zone
Notification that was brought into force in 1991 by the Ministry of Environment and Forests (MoEF). As per the
notification, coastal areas have been classified into four categories as CRZ-1,CRZ-2, CRZ-3 and CRZ-4.

CRZ-1: These are environmentally sensitive areas which are important for the protection of the coastal ecosystem.
These include national parks/marine parks, sanctuaries, forest reserves, areas for birds, mangroves, and coral/coral
reefs. Such areas are situated between the high and low tide lines.

CRZ-2: This includes areas which have already grown before the coastline. Construction of unauthorised structures is
prohibited in this zone.

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CRZ-3: Rural and urban settlements are included under CRZ-3 which are largely undisturbed and do not belong to the
first two groups. Only limited agricultural or some public facilities-related activities are permitted in this region. This
covers non-substantially built-up areas within city boundaries or in legally designated urban areas.

CRZ-4: These areas include Lakshadweep’s coastal coasts, the Andaman and Nicobar Islands and several other small
islands, with the exception of CRZ-I, CRZ-II or CRZ-III. These areas exist up to the territorial limits within the aquatic zone.
In this zone activities such as fishing and other related services are permitted. Releasing of solid waste on such land is
forbidden. To conserve the resources by controlling their depletion, the government of India has also enacted the
Environmental Protection Act, 1986 making it easier to conserve the water bodies.

Challenges of Coastal Zone Management: The Coastal Zone Management is an interdisciplinary and inter-sectoral
approach to problem definition and solutions in the coastal zone. Hence, faces numerous challenges which are given
below:

• Failure to appreciate the interconnections within coastal systems

• Inadequate legislation and lack of enforcement
• Limited understanding and experience in ICZM
• Limited understanding of coastal and marine processes
• Lack of trained personnel, relevant technologies and equipment

Kerala State Coastal Zone Management Authority vs State of Kerala. - It is the binding duty of the local self-
governments, the competent authority issuing building permits to forward application for building permission to the
Kerala Coastal Zone Management Authority along with the relevant record. The Coastal Zone Management Plan has
been prepared to check these types of activities and construction activities of all types in the notified areas. The area in
which the respondents have carried out construction activities is part of tidal influenced water body and the
construction activities in those areas are strictly restricted under the provisions of the CRZ Notifications. The
constructions activities are taking place in critically vulnerable coastal areas which are notified as CRZ-III. The Panchayats
have issued these permissions in violation of relevant statutory provisions and CRZ notifications. Permission granted by
the Panchayat was illegal and void. No such development activity could have taken place. In view of the findings of the
Enquiry Committee, direction issued to remove all the structures.

Environment Auditing or Impact Assessment (obtaining clearance certi)

Meaning : It is a process of evaluating the likely environmental impacts of a proposed project or development, taking
into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse. UNEP
defines Environmental Impact Assessment (EIA) as a tool used to identify the environmental, social and economic
impacts of a project prior to decision-making.

Aim: It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to
reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to
decision-makers. By using EIA both environmental and economic benefits can be achieved, such as reduced cost and
time of project implementation and design, avoided treatment/clean-up costs and impacts of laws and regulations.

History of EIA in India: The Indian experience with Environmental Impact Assessment began over 30 years back. It
started in 1976-77 when the Planning Commission asked the Department of Science and Technology to examine the
river-valley projects from an environmental angle. Till 1994, environmental clearance from the Central Government was
an administrative decision and lacked legislative support. On 27 January 1994, the then Union Ministry of Environment
and Forests, under the Environmental (Protection) Act 1986, promulgated an EIA notification making Environmental
Clearance (EC) mandatory for expansion or modernisation of any activity or for setting up new projects listed in
Schedule 1 of the notification. The Ministry of Environment, Forests and Climate Change (MoEFCC) notified new EIA
legislation in September 2006.

The notification makes it mandatory for various projects such as mining, thermal power plants, river valley,
infrastructure (road, highway, ports, harbours and airports) and industries including very small electroplating or foundry

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units to get environment clearance. However, unlike the EIA Notification of 1994, the new legislation has put the onus of
clearing projects on the state government depending on the size/capacity of the project.

Salient Features of 2006 Amendments to EIA Notification: It has decentralized the environmental clearance projects by
categorizing the developmental projects in two categories, i.e., Category A (national level appraisal) and Category B
(state level appraisal).

Fundamental Components of an EIA:

Screening: The project plan is screened for scale of investment, location and type of development and if the project
needs statutory clearance.

Scoping: The project’s potential impacts, zone of impacts, mitigation possibilities and need for monitoring.

Collection of baseline data: Baseline data is the environmental status of study area.

Impact prediction: Positive and negative, reversible and irreversible and temporary and permanent impacts need to be
predicted which presupposes a good understanding of the project by the assessment agency.

Mitigation measures and EIA report: The EIA report should include the actions and steps for preventing, minimizing or
by passing the impacts or else the level of compensation for probable environmental damage or loss.

Public hearing: On completion of the EIA report, public and environmental groups living close to project site may be
informed and consulted.

Decision making: Impact Assessment Authority along with the experts consult the project-in-charge along with
consultant to take the final decision, keeping in mind EIA and EMP (Environment Management Plan).

Monitoring and implementation of environmental management plan: The various phases of implementation of the
project are monitored.

Assessment of Alternatives, Delineation of Mitigation Measures and Environmental Impact Assessment Report: For
every project, possible alternatives should be identified, and environmental attributes compared. Alternatives should
cover both project location and process technologies.

Once alternatives have been reviewed, a mitigation plan should be drawn up for the selected option and is
supplemented with an Environmental Management Plan (EMP) to guide the proponent towards environmental
improvements.

Risk assessment: Inventory analysis and hazard probability and index also form part of EIA procedures.

Importance of EIA: EIA links environment with development for environmentally safe and sustainable development. EIA
provides a cost effective method to eliminate or minimize the adverse impact of developmental projects. EIA enables
the decision makers to analyse the effect of developmental activities on the environment well before the developmental
project is implemented. EIA encourages the adaptation of mitigation strategies in the developmental plan. EIA makes
sure that the developmental plan is environmentally sound and within the limits of the capacity of assimilation and
regeneration of the ecosystem.

Shortcomings of EIA Process:

Applicability- several projects with significant environmental impacts that are exempted from the notification either
because they are not listed in schedule I, or their investments are less.

Composition of expert committees and standards: It has been found that the team formed for conducting EIA studies is
lacking the expertise in various fields such as environmentalists, wildlife experts, Anthropologists and Social Scientists.

Public hearing: Public comments are not considered at an early stage, which often leads to conflict at a later stage of
project clearance.

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Quality of EIA: One of the biggest concerns with the environmental clearance process is related to the quality of EIA
report that are being carried out.

Lack of Credibility: Often, and more so for strategic industries such as nuclear energy projects, the EMPs (environmental
management plans) are kept confidential for political and administrative reasons.

Capacity building: More NGOs, civil society groups and local communities need to build their capacities to use the EIA
notification towards better decision making on projects.

Strategic Environmental Assessment (SEA): Sadler and Verheem (1996)

The formalized, systematic and comprehensive process of identifying and evaluating the environmental consequences
of proposed policies, plans or programs to ensure that they are fully included and appropriately addressed at the
earliest possible stage of decision-making on a par with economic and social considerations. SEA, by its nature, covers a
wider range of activities or a wider area and often over a longer time span than the environmental impact assessment
of projects. SEA is commonly described as being proactive and ‘sustainability driven’, whilst EIA is often described as
being largely reactive.

Eco Marks. (procedure)

Ecomark is a certification mark issued by the Bureau of Indian Standards (BIS) for products which are ecologically safe
and adheres to the standards prescribed by the BIS. The scheme was launched in 1991 through Gazette Notification No.
71 by the Ministry of Environment and Forests. It helps in recognizing eco-friendly products present in the market. The
mark includes as much as 16 categories like food, medicines, chemicals, electronic goods, paper, lubricating oils, packing
materials, etc. It is a voluntary nationwide scheme for the betterment of the environment as common citizens and
concerned industrial sectors actively participate in it.

BUREAU OF INDIAN STANDARDS (BIS): BIS is a national standard body established under the BIS Act 2016 for the
harmonious development of the activities of standardization, marking and quality certification of goods. BIS has various
functions like:

 It provides safe reliable quality goods

 It minimizes health hazards to consumers
 It promotes exports and imports substitute
 It controls over the proliferation of varieties etc. through:
o Standardization
o Certification and
o Testing

Objective: To make the consumers think about the improvement of the environment by using or buying environment-
friendly products. To reduce the adverse environmental impact, the manufacturers and importers are provided with
certain incentive. To motivate the consumers to be more responsible towards the environment. The Ultimate objective
is to sustainably manage the resources to improve the quality of the environment.

The Earthen Pot is selected as a logo for the Ecomark scheme in India since the pot uses a renewable resource like
earth, it is because it does not produce any dangerous waste and it consumes little energy in making. Its solid and
graceful form represents both strength and fragility, which also characterizes the eco- system.

Mechanism – certification and licencing : The Ministry of Environment and Forests has established two committees to
identify the categories of product and to develop criteria.

Steering Committee and Technical Committee: Manufacturers will have to apply for an ECOMARK label for testing and
certification. BIS will carry out the necessary testing and certification process. Once the product gets a label, it can carry
the ECOMARK label for a prescribed time period after which it will have to apply again for a renewed license to carry the
mark. The minimum period for which the award is given is one year. The award may be withdrawn by the BIS if they find
any misleading information.

Criteria for Ecomark: The products that come up for certification will be assessed for the following main environmental
impacts:

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 • They have substantially less potential for pollution when compared to similar products in terms of usage,
production, and disposal.
• They are recycled, recyclable, or made from recycled or biodegradable materials.
• They make a significant contribution towards preserving non-renewable resources.
• They must contribute to the decrease in the adverse primary criteria that has the highest environmental impact
associated with the product’s use.

ECOMARK LICENSE IN INDIA: Manufacturers are reluctant to apply for the scheme because he has to pay for the various
testing, licensing, application as well as license renewal fee, he doesn’t feel motivated to opt for the scheme. Lack of
awareness of environmentally friendly products among consumer. Eco-labeling programs are optional, a market-based
scheme that has been applied in some countries, with varying degrees of success.

UNIT – IV : Greenery Conservation and Animal Welfare Laws

Wildlife Protection Act, 1972 (role of chief wildlife warden)
India has very rich flora and fauna - consisting of 10% of the world’s species. Large buildings are replacing the forests -
the ecological balance is at great risk. Many species of birds and animals are extinct and some are endangered in India.
Wildlife (Protection) Act in 1972- provides for the safeguard and protection of the wildlife.

Objectives: To protect the habitat of wild animals and prohibit the hunting of wild animals and birds. To protect some
endangered species. To provide shelter and protect the animals which are not in danger but need protection and
security. To maintain the diversity of flora and fauna of the country and also to maintain a healthy ecological balance. To
impose a ban on trade and commerce of certain protected species. To help the state and central government to declare
any area as sanctuaries or national parks. to give powers to officers to punish the one who is guilty under this Act.

Amendments: Wildlife (Protection) Amendment Act, 2002 – new chapter was added (Chapter VI-A) to deal with the
forfeiture of property derived from illegal hunting and trade. Concept of cooperative management through conservation
reserve management committee and community reserve committees have also been introduced.

Definitions: S.2(37) “wild life” includes any animal, aquatic or land vegetation which forms part of any habitat

S.2(16) “hunting” includes, killing or poisoning of any wild animal or captive animal and every attempt to do so;
capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so; injuring
or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the
eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;

S.2(1) - “animal” includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of
birds and reptiles, their eggs;

S.2(2) “animal article” means an article made from any captive animal or wild animal, other than vermin, and includes
an article or object in which the whole or any part of such animal has been used, and ivory imported into India and an
article made therefrom

S.2(31) “trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has been
kept or preserved by any means, whether artificial or natural, and includes—

• rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and
• antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and
honeycomb;

AUTHORITIES

(S. 3) Central Government may appoint – director of wildlife preservation; assistant directors of wildlife preservation;
any officers which may be deemed necessary

(S. 4) State Government may appoint – chief wildlife warden; wildlife wardens; one honorary wildlife ward in each
district; any officials that may be necessary

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(S.5A) The Wildlife (Protection) Amendment Act, 2002, added this for the Constitution of the National Board for Wildlife
(‘The Board’). Nearly 50 members with The Prime Minister is the chairperson of the National Board of Wildlife. The
Board is to be constituted within three months of the amendment in the Act.

The function of the Board, as specified under S.5C, is to promote the conservation and development of wildlife and
forest. It can also frame policies and advise the central and the state governments on ways and means of promoting
wildlife conservation and effectively controlling poaching and illegal trade of wildlife and its products.

(S.6) State Govt/Administrator of UT may constitute State Board for Wildlife consisting of – The Minister in-charge of the
Forest, (if there is no such minister then Chief Secretary) will be the chairman; 2 members of the State
Legislature/Legislature of the Union Territory; Secretary of the state government or government of Union territory, in-
charge of forest; The Forest Officer of the State Forest Department; An officer nominated by the Director of Wildlife
Preservation; Chief Wildlife Warden; Officers not exceeding 5, from the State Forest Department; Persons who are
interested in protection of wildlife, not exceeding the number 10 including representative of the tribals not exceeding 3

Duties of Advisory Board (S.8) : to advise the State Government on the issues relating to the selection of areas for
declaring the same as Sanctuaries, National park, and Closed areas. to guide the Government in formulation of the
policy for protection and conservation of wildlife and some specified plants.

Prohibition of Hunting of Wild Animals (S.9): No person is allowed to hunt any animal who is specified in Schedule 1,
Schedule 2, Schedule 3 and Schedule 4.

Cases where hunting of wild animals is permitted (S. 11,12): Chief Wildlife Warden may permit:

• If he is satisfied that the animals listed in Schedule 1, 2, 3 are becoming a threat to human life or any property
or such animal has been affected by the incurable disease from which it cannot be recovered
• if the animal has been killed or wounded to save the life of one own self or to save the life of others

Chief Wildlife Warden may grant permit to hunt for the purpose of:

• Education
• Scientific research
• Scientific management
• Collection of specimens
• Collection or preparation of snake venom for making life-saving drugs

Protection of Specified Plants (S.17A): No person shall –

• Willfully pick, uproot, damage, destroy, acquire and collect any specified plant from area specified
• Possess, sell, offer for sale, transfer by way of gift or otherwise, or transport any specified plant, whether dead
or alive or part or derivative
• Scheduled tribe is permitted to pick, collect or possess any specified plant or part or derivative in district where
he resides for bonafide personal use

Grants of Permit of Special Purposes (S. 17B): Chief Wildlife Warden may permit: For the purpose of:

• Education
• Scientific research
• Collection, preservation, display in a herbarium of any scientific institutions
• Propagation by a person or an institution approved by Govt in this regard

Dealing, Possession, Purchase, etc. of Plants and Plants to be Govt. Property: Cultivation, dealing, possession, purchase
of specified plants without a license has been declared as punishable (S.17D, F, G)

Every specified plant or derivative thereof, in respect of which any offence against this Act has been committed, shall be
the property of the State Government, and, if it is collected or acquired from a sanctuary or National Park such plant or
part or derivative thereof shall be the property of the Central Government (S.17H)

Sanctuaries (S.18): State Govt may declare by official notification any area as wildlife sanctuary –

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 • provided that area is not already a reserve forest or have territorial waters
• the area should have adequate floral, zoological significance, and adequate ecological, faunal significance for
the proper protection and preservation and also for developing proper environment for wild animals

Restrictions on entry into sanctuaries (S.27): Entry is permitted only to –

• public servant who is on duty

• person who has taken a permission from Chief Wildlife Warden or any authorised officer to reside within the
limits of the sanctuary
• person who has a lawful right over the immovable property within the limits of the sanctuary
• person who is passing by the sanctuary through a highway
• dependents of the persons mentioned above

Every person residing in sanctuary shall be bound –

• to not commit an offence violating the Act

• to help in finding the offender
• to report the death of any wild animal and also to take the charge of such an animal until the Chief Wildlife
Warden takes the charge
• to extinguish any fire in such sanctuary
• to assist the forest officer or chief wildlife warden or police officer in investigation of the offence

Grant of permits given for sanctuaries (S.28): On application to chief wildlife warden –

• grant any person to reside or to enter in a sanctuary for

• investigation or study on wildlife
• scientific research
• Tourism
• wildlife photography
• for the commencement of lawful business with any person staying within the limits of the sanctuary

Destruction etc. in a sanctuary prohibited without a permit (S.29): No person shall destroy, exploit or remove any wild
life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal, stop or
enhance the flow of water into or outside the sanctuary, except in accordance with a permit granted by the Chief Wild
Life Warden and no such permit shall be granted unless the State Government after consulting the Board, is satisfied
that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is
necessary for the improvement and better management ofwild life.

National Park (S.35): State Govt may declare by official notification any area as National Park if –

• area is by reason of its ecological, faunal, floral, zoological association deems fit for the purpose of establishing
a national park
• alteration of the boundaries of a National Park cannot be made unless there is a resolution passed by the state
legislature

Prohibited and Permitted Activities: No person should destroy or damage or exploit or remove any species of wildlife in
the National Park. Chief Wildlife Wardens can grant such permits only when the State Government is satisfied that such
destruction, damage or exploitation is necessary for improvement, maintenance of the wildlife in the National Park. The
livestock grazing is not allowed within the limited area of the National Park. Only the person who has the permission to
enter such a National Park and he or she is using such an animal as a vehicle, then the permission is granted for the
livestock grazing.

S.38A - Constitution of Central Zoo Authority: The Central Government shall constitute a body to be known as the
Central Zoo Authority consisting of:

• chairperson;
• such number of members not exceeding ten; and

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 • Member-Secretary

(S. 38C) The Authority shall perform the following functions, namely:—

• specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo;
• evaluate and assess the functioning of zoos with respect to the standards or the norms
• recognise or derecognise zoos;
• identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this
regard to a zoo;
• co-ordinate the acquisition, exchange and loaning of animals for breeding purposes;
• ensure maintenance of stud-books of endangered species of wild animals bred in captivity;
• identify priorities and themes with regard to display of captive animals in a zoo;
• co-ordinate training of zoo personnel in India and outside India;
• co-ordinate research in captive breeding and educational programmes
• provide technical and other assistance to zoos for their proper management and development on scientific
lines;

Trade and Commerce in wild animals Articles and Trophies (S.39): wild animals other than vermin, wild animals which
are found dead, or killed by mistake are government property. Likewise –

• Trophy or uncured trophy

• animal article
• meat derived from the wild animal
• ivory imported to India
• article made by such ivory
• vessel, weapon, trap, tool used to hunt the wild animal in the Zoo

Regulation in trade and transfer of animals (S.43): Dealing in trophy or animal article without licence is prohibited –

• Commencing or carrying on business as

• A manufacturer of or dealer of animal article
• A taxidermist
• Dealer in trophy or uncured trophy
• Dealer in captive animals
• Dealer in meat
• Cooking or serving meat in any eating house
• Deriving, collecting or preparing , or dealing in snake venom

Prvention and detention of offences (S.50): power of entry, search, arrest and detention on –

• the Director or
• any other person authorised by him or
• any other person authorised by the Chief Wildlife Warden or
• by Chief Wildlife Warden himself or
• any forest officer or
• any police officer who is not below the rank of sub-inspector

Penalties (S.51): penalties vary depending on:

• the Schedule of the animal(s) to which the offence relates;

• the area to which the offence relates (National Park, sanctuary);
• the nature of the offence (hunting/altering the boundaries/ other offence); and
• whether the accused is a repeat offender.

Whoever contravenes provisions, rule, order or breaches conditions of license - imprisonment for a term which may
extend to 3 years, or with fine which mayextend to 25000 rupees, or with both.

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the Court trying the offence may order any captive animal, wild animal, animal article, trophy, uncured trophy, meat,
ivory or an article made from such ivory, any specified plant in respect of which the offence has been committed, and
any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the State
Government and that any licence or permit, held by such person be cancelled.

Consumer Education & Research Society v. UOI - Gujarat Legislature reduced the area of Narayan Sarovar Chinkara
Sanctuary from 765.79 sq.km to 442.23 sq.km. Notification was challenged. SC: Legislature has the right to reduce the
area by notification. Such reduction cannot be invalidated even when it is taken in haste and without considering all
aspects unless – there is material to show that it will have irreversible adverse effect on the wildlife and the
environment.

Rajendra Kumar v. Union of India - Petitioner was running a business of carver ivory with the license issued by the State
Government. Amendments made in section 5, 27, 33, 34, 35 and 37 has affected his business - import of ivory has been
banned and petitioner is restrained from dealing in ivory business. Petitioner argued - 300 years ago, ivory trade
flourished in India. It was one of the best Indian art and was an integral part of great Indian culture and great source of
income for the Indian craftsmen. Also showed that schedule did not contain the Indian Elephant. Court: amendments
made in accordance and directions of the International Trade in Endangered Species of Wild Fauna and Flora (CITES) -
african ivory is banned with a reason to protect the poaching of elephants and stop the fast dwindling of this species.
So, the restriction was held to be valid.

Pradeep Krishen v. UOI - PIL challenging MP Govt permitting certain villagers/tribals to collect tendu leaves from
sanctuaries and national parks. SC: upheld order by MP Govt recognising traditional rights of villagers/tribals to produce
tendu leaves.

WWF v. UOI - Several states and UT had not constituted boards and appointed Honorary Wardens. SC: directed state
Govt to constitute Advisory Boards and appoint Honorary Widelife Wardens within 2 months.

Schedule I: It covers endangered species that need rigorous protection. The species are granted protection from
poaching, killing, trading etc. A person is liable to the harshest penalties for violation of the law under this Schedule.
Species under this Schedule are prohibited to be hunted throughout India, except under threat to human life or in case
of a disease that is beyond recovery. Some of the animals granted protection under the Schedule I include: The Black
Buck, Bengal Tiger, Clouded Leopard, Snow Leopard, Swamp Deer, Himalayan Bear, Asiatic Cheetah, Kashmiri Stag,
Fishing Cat, Lion-tailed Macaque, Musk Deer, Rhinoceros, Brow Antlered Deer, Chinkara (Indian Gazelle), Capped Langur,
Golden Langur, Hoolock Gibbon

Schedule II: Animals under this list are also accorded high protection with the prohibition on their trade. They cannot be
hunted except under threat to human life or if they are suffering from a disease/disorder that goes beyond recovery.
Some of the animals listed under Schedule II include: Assamese Macaque, Pig Tailed Macaque, Stump Tailed Macaque,
Bengal Hanuman langur, Himalayan Black Bear, Himalayan Newt/ Salamander, Jackal, Flying Squirrel, Giant Squirrel,
Sperm Whale, Indian Cobra, King Cobra

Schedule III & IV: Species that are not endangered are included under Schedule III and IV. This includes protected
species with hunting prohibited but the penalty for any violation is less compared to the first two schedules. Animals
protected under Schedule III include: Chital (spotted deer), Bharal (blue sheep), Hyena, Nilgai, Sambhar (deer), Sponges

Animals protected under Schedule IV include: Flamingo, Hares, Falcons, Kingfishers, Magpie, Horseshoes Crabs

Schedule V: This schedule contains animals that are considered as vermin (small wild animals that carry disease and
destroy plants and food). These animals can be hunted. It includes only four species of wild animals: Common Crows,
Fruit Bats, Rats, Mice

Schedule VI: It provides for regulation in cultivation of a specified plant and restricts its possession, sale and
transportation. Both cultivation and trade of specified plants can only be carried out with prior permission of competent
authority. Plants protected under Schedule VI include: Beddomes’ cycad (Native to India), Blue Vanda (Blue Orchid), Red
Vanda (Red Orchid), Kuth (Saussurea lappa), Slipper orchids (Paphiopedilum spp.), Pitcher plant (Nepenthes khasiana)

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Indian Cheetah, pink-headed duck, and the Great Indian Bustard, have become extinct due to desertification in India,
researchers warned at the 14th meeting of the Conference of Parties to the United Nations Convention to Combat
Desertification (UNCCD COP 14). Pangolins scales are used for spiritual protection, financial rituals, and protection from
witchcraft. The bones are used for spiritual protection and protection from witchcraft.

Hunting Festivals of West Bengal: ‘Nyokum’ festival: The Nishis wear the Great Indian Hornbill’s beak as part of their
headgear, known as bopa, to symbolise their manhood. Members of the Nishi tribe have switched over to these replicas
with the help of the Arunachal Wildlife and Nature Foundation (AWNF) and Wildlife Trust of India (WTI).

The Forest (Conservation) Act, 1980 (reserve forest)

Forests are one of the precious resources that nature provides. The whole ecosystem is dependent on the forests as
they are an important part of natural habitat. Therefore, it is the duty of every citizen to preserve the ecosystems of
forests. But due to rapid deforestation, the cycle of nature is itself being disrupted. Thus, a law to ensure the
preservation of forest was needed.

History: The first legal draft on this issue was the Indian Forest Act, 1865. Later, it was replaced by the Indian Forest Act,
1927. However, it was more geared towards protecting the commercial interests of the British Empire in India. The act
gave authority to the British to restrict tribal activities by levying taxes on timber and forest services. In other words, it
mainly regulated the cutting of timber and flow of raw materials rather than protecting forests. After independence, the
President of India enforced the Forest (Conservation) Ordinance in 1980 which was later repealed by virtue of Section 5
of the Forest (Conservation) Act, 1980. Under the 1980 Act, the restriction was made on the use of the forests for non-
forest purposes.

Objective: The aim of the Forest is to preserve the forest ecosystem of India by fulfilling the following objectives:

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

Restriction of forests being used for non-forest purposes (S.2): This restricts the state governments and other authorities
to make laws in the following matters without the prior permission of the Central government:

• they cannot dereserve any forest land or any portion of it reserved under any law being enforced in the State
• the forest land or any portion of it cannot be used for non-forest purposes;
• they can not assign any forest land or any portion of it by way of lease to any private person, or anybody or
organisation not controlled by the Government of India;
• that a forest land or any part of it grown naturally may be cleared for the reafforestation.

The explanation of this section defines the term “non-forest purposes”. It means cleaning any forest land or its portion
for the purpose of:

• Planting tea, coffee, spices, rubber, palms, oil-bearing, plants, or medicinal plants;
• Or for any purpose other than afforestation, but it should not include any work related to preservation,
evolution and administration of forests and wildlife.

Advisory committee (S.3): the Central government has the power to constitute an advisory committee to advice on
matters related to the:

• approving as under Section 2 of this Act;

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

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Penalties (S.3A): added by the amendment made in 1988. whoever violates or abets the violation of any law contained
under Section 2 shall be punished with simple imprisonment for any prescribed term which may increase up to 15 days.

Offences by authorities and government offices (S.3B): added by the amendment made in 1988. when any offence is
committed by any department of the government, head of the government, any authority or any person who at the
time of the commission of the offence was responsible for the conduct of business, shall be made liable for the offence
under the Act, unless he proves that the offence was committed without his knowledge and also, he took all the
possible measures to prevent the commission of the offence. when an offence under this Act has been committed by a
person other than the department of the government, head of the government or the authority mentioned under sub-
section 1, with his consent or due to his negligence, then such persons shall be declared guilty under the Act and also be
made liable to proceedings and punishments

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

Amendment in 1996: Before 1996, the State Governments, Union Territory Administrations and Central Government
used to apply the provisions of the Act only to the forests notified under the Indian Forest Act, 1927 or any other local
law, and to forests which were under the management or control of the Forest Department. In simple words, the Act
was largely applied to reserve forests and national parks only. However, in 1996, in T.N. Godavarman Thirumulpad v
Union of India case, the Supreme Court expanded the definition and scope of forest land to include all areas recorded as
forest in any government record, irrespective of ownership, recognition and classification. The order was also
interpreted to presume that the Act is applicable over plantations in non-forest land.

Society for protection of Silent Valley vs Union of India and Others - In the Palghat District of the State of Kerala, there
can be found a stretch of forest, nearly 8952 Hectares known as ‘Silent Valley’. The Silent Valley is home to India’s largest
tropical evergreen forests and consists of a large variety of flora and fauna. The rare Nilgiri Tahr and Lion Tailed
Macaques are also residents of this forest. In 1970, the Kerala State Electricity Board (KSEB) had proposed a
hydroelectric dam across the Kunthipuzha River which encroached upon Silent Valley and which would submerge 8.3 sq
km of the moist evergreen forest. In 1973 the project gets approved by the Planning Commission. Petitions were filed
seeking a writ forbidding the State of Kerala from proceeding to construct a hydro-electric project. However, the court
rejected the petitions on the following grounds:

• The location would be ideal for a hydro-electric project, which would produce considerable amount of power at
the cheapest rate.
• The action taken to implement the seventeen safeguards recommended by the Task Force which was
appointed by the National Committee on Environmental Planning and Co-ordination (NCEPC) was a clear
indication that the government had borne in mind the ecological aspects involved in the execution of the
project and its impact upon the same.

The judgement of the court in this case did not offer any protection to the forest. But the mounting pressure faced by
the government from scientists, conservationists, and the general public both locally and internationally led The Silent
Valley Hydroelectric Project to be called off in 1983. Subsequently, Prime Minister Rajiv Gandhi formally inaugurated the
Silent Valley National Park in 1985.

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

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T.N. Godavarman Thirumulpad v. UOI - Landmark case is also known as ‘the Forest Case in India’. T.N. Godavarman
lodged a writ petition in the year 1995 in the apex court of India. The main objective of the writ petition was to
safeguard and protect the forest land of the Nilgiris as it was exploited through deforestation by unlawful timber
activities. So the court has recommended to conduct a proper hearing about the matter to examine the depth of the
case in regard to the National Forest Policy. The court has observed that the land belongs to the defendant and he has
full right over his property or premises but the activity that was happening at the premises was illegal as according to
the Forest (Conservation) Act, 1980, the deforestation of the plantations was considered as illegal without the prior
permission of the central government or the forest department of the concerned district or area whether the property
belongs to government or an private individual. With the above decision, in addition to it the court has also observed
that there should be a complete ban on the cutting of any kind of trees without the approval to maintain the proper
ecological balance and to preserve the bio-diversity. The court has constituted different committees comprising of
Principal Chief Conservator of Forests and another Senior Officer to oversee the functioning of the committees to
ensure proper functioning of the system. The basic rule of law that was followed in the above case, that whether land is
owned by an individual or it is a government property, the deforestation will not be acceptable by the system as it was
degrading the environment and will also create ecological imbalance in the nature which was already stated under the
Forest (Conservation) Act, 1980.

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

Lease of reserve forest land to open snack bar

Tribal Areas in Forest

Prevention of Cruelty to Animals Act, 1960 (exceptions)
Animals, like human beings, have the capability of comprehending physical and mental pain. This earth belongs to them
as much as it belongs to us human beings. Other living creatures should live and thrive just like us. With this vision, the
Prevention of Cruelty Act, 1960 was passed.

OBJECTIVES OF THE ACT: To prevent the infliction of unnecessary pain or suffering on animals. To punish severely the
persons indulging in cruelty against the animals. To establish an animal welfare board.

DEFINITIONS

S.2(a) - animal refers to any living creature excluding a human being.

S.2(d) - any tamed or sufficiently tamed animal purporting to serve some useful purpose of man is considered as a
domestic animal

S.2(c) - any animal (except a domestic animal), which is under either temporary or permanent captivity or confinement,
or is subjected to any appliance or machine preventing its escape from such captivity or confinement, or which is
pinioned or has a maimed appearance is a captive animal

ESTABLISHMENT OF ANIMAL WELFARE BOARD OF INDIA (S.4): an animal welfare board shall be established by the
Central Government. this board shall be considered as a corporate body having unending succession along with a
common seal with the power:

• To acquire, hold, and dispose of property; and

• To sue and be sued by its name.

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CONSTITUTION OF THE BOARD (S.5): The Inspector-General of Forests to the Government of India, ex officio. The
Animal Husbandry Officer to the Government of India, ex officio. Two persons for representing the Union Ministers
dealing with Home Affairs and Education. One person as a representative of the Indian Board for Wildlife. Three persons
who are presently or in the past been actively engaged in animal welfare or are well-known humanitarians. One person
to be appointed as a representative of veterinary practitioners. One person as a representative of each of 2 municipal
corporations. One person to represent each of such three animal welfare organizations. One person as a representative
of each of such 3 societies dealing with prevention of cruelty to animals. Three persons nominated by the Central
Government. Six Parliamentary members, out of which four from the Loksabha and two from the Rajyasabha.

All the persons mentioned above can depute another person for attending the board meetings as their representative.
The Central Government shall nominate one of the board members to be its Chairman and another to be its Vice-
chairman. The board shall be reconstituted by the Central Government every 3 years (S.5A)

TERM OF OFFICE AND CONDITIONS OF SERVICE OF MEMBERS OF THE BOARD (S.6): The term of office of an ex officio
member shall continue until he holds the office by virtue of his membership. The term of office of elected
representatives, shall last as long as the tenure or purpose of his representation in such elected body. If there is vacancy
in the middle of the term, the vacancy shall be filled for the reminder of the period. The Govt. may remove a member of
the board by giving in writing and giving opportunity to be heard.

FUNCTIONS OF THE BOARD (S.9)

• Supervising the laws relating to the prevention of cruelty against animals and advising the Government on
necessary amendments;
• Advising the Central Government on the enactment of rules emphasizing on the prevention of unnecessary
pain or suffering to animals, during their transportation from one place to another or during their use as
performing animals or during their captivity or confinement;
• Advising the Government or local authority on improvements in the vehicles’ design for reducing the burden
on draught animals;
• Adopting all essential steps for improving the conditions of the animals, by encouraging or providing for, the
construction of shades, water-troughs, etc and by providing for veterinary treatment for the animals;
• Advising the Government, or local authority, in designing, or maintenance, or in connection with animal
slaughtering, for the elimination of unwanted physical or mental pain or suffering in the pre-slaughter stages as
far as practicable for ensuring the animals are executed in a humane manner as possible;
• Adopting all necessary measures for ensuring that unwanted animals are killed, either instantly or after being
rendered insensible to pain, by the local authorities;
• Encouraging the formation or establishment of Pinjrapoles, rescue homes, animal shelters, Sanctuaries by
extending financial or other assistance, where animals and birds may find shelter during their old age or when
they require protection
• Cooperating with or coordinating the work of associations or bodies that are established purporting to prevent
unnecessary pain or suffering to animals and birds or for their protection;
• Extending financial assistance to locally functional animal welfare organizations or encouraging the formation
of animal welfare organizations in any local area whose work shall be guided and supervised by the Board;
• Advising the Government on medical care and attention which may be provided in animal hospitals, along with
providing financial and other assistance to animal hospitals;
• Imparting education pertaining to the humane treatment of animals, thereby forming public opinion against
the infliction of unnecessary pain or suffering to animals, and promotion of animal welfare through lectures,
books, posters, cinematographic exhibitions, etc.;

TREATING ANIMALS CRUELLY (S.11): The following acts by any person are to be considered as cruelty:

• beats, kicks, runs over, drives over, loads over, tortures or otherwise treats any animal by causing unnecessary
pain or suffering or causes or being the owner permits, any animal for such employment;
• employs any animal in work or labour which due to any disease, infirmity, wound, sore or other cause, is unfit
for such employment or, being the owner lets any such unfit animal be so employed; or

55
 • Causes willful and unreasonable administration of any injurious drug or substance to any domestic or captive
animal or willfully and unreasonably inflicts or attempts to inflict an intake of any such drug or substance by
any domestic or captive animal; or
• Conveys or carries, any animal in such a manner or position thereby causing it unnecessary pain or suffering; or
• Cages or confines any animal which does not measure sufficiently in height, length and breadth for permitting
the animal to move around;
• keeps any animal chained or tethered by means of an unreasonably short or long-chain, for an unreasonable
time period; or
• Being the owner neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept
in close confinement; or
• Being the owner of any captive animal fails to supply it with adequate food, drink or shelter; or
• Abandoning any animal causing it to suffer pain due to starvation or thirst,; or
• Owner wilfully permitting animal, to go at large in any street while the animal is affected with a contaminating
or infectious disease or, without reasonable excuse permits diseased or disabled animals, to die in any street;
or
• Offering for sale any animal which is suffering pain due to: mutilation, starvation, thirst, overcrowding or other
ill-treatment, or
• Needlessly mutilates any animal or kills any animal by unnecessary cruelty; or
• Confines any animal in a manner, thereby making it an object of prey for any other animal solely with a view to
provide entertainment for other persons; or
• For business purposes organizes, keeps, uses, any place for animal fighting or purporting to bait any animal or
permits or offers any place to be so used or; or
• Promotes or participates in any shooting match or competition where captive animals are released for the
purpose of such an event;

he shall be punishable, in case of a first offence, with fine extending up to 50 INR, and, in the case of a second or
subsequent offence committed within 3 years of the previous offence, with fine which may extend up to 100 INR, or
with imprisonment for a term which may extend to 3 months, or both. However, the following acts shall be excluded
from the ambit of cruelty:

• dehorning of a cattle/castration/branding/nose-roping of any animal if done in a prescribed manner,

• Destroying stray dogs in lethal chambers or by other methods with minimal suffering;
• Exterminating or destroying any animal under the legal authority of any existing law;
• Any matter under Chapter IV (Experimentation on Animals);
• Doing or abstaining from any act in the course of the destruction or preparing for destroying any animal as food
for human consumption, unless such destruction or preparation was supplemented by the infliction of
unnecessary pain or suffering.

DESTRUCTION OF SUFFERING ANIMALS (S.13): Where the animal owner is convicted for cruelty under S.11 and the
court is satisfied that keeping such an animal alive shall inflict more pain and suffering on it, then the Court shall direct
the killing of such an animal and also assign a person for its execution. The magistrate, commissioner of police and
district superintendent of police may also direct the immediate destruction of such animal

EXPERIMENTS ON ANIMALS (S.14): Nothing in this Act shall affect the experimentation (including operations) on
animals for the purpose of:

• Advancement through the new discovery of physiological knowledge; or

• Knowledge which will be useful for decreasing the mortality rate; or
• Suffering alleviation; or
• for combating any disease; (whether of human beings, animals, or plants.)

RESTRICTION ON EXHIBITION AND TRAINING OF PERFORMING ANIMALS (S.22): An animal can not be exhibited or
trained by any person, if-

• Such a person is unregistered as per the provisions of this chapter;

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 • Such an animal has been barred from being included in any performance by the Central Government through a
notification in the Official Gazette.

Any person or institution desirous of exhibition or training any performing animal can get himself/itself registered by
making an application in the prescribed form to the prescribed authority on payment of the prescribed fees (S.23)

OFFENCES (S.26) - a person shall be said to have committed an offence under the provisions of this chapter if he does
any of the following acts-

• Exhibits or trains any unregistered animal for performance; or

• Being registered under this Act, exhibits or trains any performing animal, in respect of which he is unregistered;
or
• Exhibits or trains a performing animal, or any animal which is not to be used for this purpose; or
• Causes obstruction or willful delay to any person or police officer from exercising of power for entering and
inspecting, or
• hides any animal to avoid the inspection; or
• Being a person registered under this Act fails to provide his registration certificate without reasonable cause; or
• Applies for registration under this Act while lacking entitlement for such registration.

The person, if found guilty of any of these offences, shall be fined for an amount up to Rs 500 or with imprisonment up
to 3 months or both.

EXEMPTIONS (S.27) - Nothing in this chapter shall be applicable to-

• The training of animals for bonafide military or police purpose or exhibition of animals trained for such
purpose;
• Any animals kept for educational or scientific exhibition in any zoological garden, or any association or scientific
society.
• the provisions of this act shall be inapplicable on the killing of any animal for the purposes of any religious
community. (S.28)

TREATMENT AND CARE OF ANIMALS (S.35): State Government may appoint infirmaries for the treating and caring of
the animals in respect of which offences under this Act have been committed. The animals can also be sent to a
Pinjrapole or veterinary hospital/officer

K. Muniasamy Thevar v. Dy. Supdt. of Police - Madras HC held- ‘Rekla Race’ of bullock cannot be permitted as the cart
man would be whipping to win the race. Such whipping amounts to ‘treating animal with cruelty’ within the meaning of
S.11. Under A.51A, it is the duty of all citizens to see that the provisions of the act are duly implemented

Animal Welfare Board of India v. Ombudsman for LGSI - Animal welfare board of India advocated for preservation of
stray dogs though suffering from fatal diseases like rabbis, even though humans fell victim to their bite. Kerala HC held-
Rt to life under A.21 would take precedence over Animal Birth Control (Dogs) Rules, 2001 which had provisions for
protection of stray dogs though afflicted with fatal diseases. The Prevention of Cruelty to Animals Act, 1960 under S.11
and S.13 provide for destruction of ‘unwanted animals’ by local authorities. Rules made in 2001 provide for preservation
and immunization of stray dogs but they are not applicable to dogs with fatal diseases. Therefore the order of the
ombudsman directing corporations, municipalities and panchayats to destroy such dogs was proper. Infected animals
cannot be protected at the cost of invaluable human lives.

The Biological Diversity Act, 2002 (features)

The Biological Diversity Act, 2002 was passed by the parliament of India to protect biodiversity and facilitate the
sustainable management of biological resources with the local communities. The Act was enacted to meet the
requirements stipulated by the United Nations Convention on Biological Diversity (CBD), to which India is a party. The
Act’s main objective is to ensure the conservation of biological diversity, sustainable use of its components and fair
usage of its resources in order to prevent overuse or eventual destruction of biodiversity. The Act has 65 sections and is
divided into 12 chapters.

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Access to biological diversity prohibited (S.3 - S.7): No person (Indian citizen, NRI or body corporate) shall undertake
biodiversity related activities without the approval of the National authority. No person shall transfer to a
foreigner/NRI/body corporate not registered in India any result of any research relating to any biological resources.
Application for IPR not to be made without the approval of the National Biodiversity Authority inside or outside India.
Prior intimation must be given to the State Biodiversity Board for obtaining biological resource for commercial
utilisation.

The National Biodiversity Authority: National Biodiversity Authority (NBA) had been set up under the Ministry of
Environments and Forest by the Government of India in 2003. Section 8 provides for this establishment. The NBA is a
statutory, autonomous body headquartered in Chennai. NBA consists of 15 members and 1 chairman who shall be
eminent in the field of conservation and sustainable use of biological diversity. The functions of the National
Biodiversity Authority (S.18) are as follows:

• Monitoring and prevention of actions prohibited under the Act.

• Providing advice to the government on how best to conserve biodiversity in India.
• Prepare a report on how the government can select biological heritage sites.
• Make concrete steps to prevent the grant of intellectual property rights regarding locally used biological
resources or allied traditional knowledge.

State Biodiversity Authority: The SBBs are established by the State Governments in accordance with Section 22 of the
Act and deal with all matters relating to access by Indians for commercial purposes. Functions of SBBs (S.23):

• Advising the State Government on matters of biodiversity and its equitable distribution or on matters relating
to the conservation, sustainable use or sharing equitable benefits.
• Regulate granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-
utilization of any biological resource by people.

Biodiversity Management Committees: According to Section 41, every local body shall constitute the BMC within its area
for the purpose of promoting conservation, sustainable use and documentation of biological diversity including:

• Preservation of habitats
• Conservation of Landraces
• Folk varieties and cultivars
• Domesticated stocks And breeds of animals
• Microorganisms And Chronicling Of Knowledge Relating To Biological Diversity

Biodiversity Heritage Sites: Under Section 37 the State Government in consultation with local bodies may notify the
areas of biodiversity importance as Biodiversity Heritage Sites. The Biodiversity Heritage Sites are the well defined areas
that are unique, ecologically fragile ecosystems - terrestrial, coastal and inland waters and, marine having rich
biodiversity comprising of any one or more of the following components:

• richness of wild as well as domesticated species or intra-specific categories

• high endemism
• presence of rare and threatened species
• keystone species
• species of evolutionary significance
• wild ancestors of domestic/cultivated species or their varieties
• past preeminence of biological components represented by fossil beds
• having significant cultural, ethical or aesthetic values; important for the maintenance of cultural diversity (with
or without a long history of human association with them)

Penalties: Section 55 provides that any contravention or abetment or attempt of contravention of Section 3 or Section 4
or Section 6 will be punishable with imprisonment of 5 years or more, or with fine up to rupees ten lakh. Section 56 of
the Act deals with the penalty for contravention of directions or orders of Central Government, State Government,
National Biodiversity Authority and State Biodiversity Boards. It states that the penalty for such an offence will be fine
which may extend to one lakh rupees and in case of a second or subsequent offence, with fine which may extend to two

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lakh rupees and in the case of continuous contravention with additional fine which may extend to two lakh rupees every
day during which the default continues.

Recent Amendments: On 16th December, 2021, the Biological Diversity Act (Amendment) Bill 2021 was tabled in the Lok
Sabha. The Bill aims at amending the Biological Diversity Act, 2002. On 11th May, 2011, India signed the Nagoya
Protocol which establishes a framework that helps researchers access genetic resources for biotechnology research,
development and other activities, in return for a fair share of any benefits from their use. This provides the research &
development sector with the certainty they need to invest in biodiversity-based research. Since India became the party
of the Nagoya Protocol, there were regular demands to amend the Biological Diversity Act, 2002 in accordance with the
Nagoya Protocol. However, the amendment resulted in making the 2002 Act even less equitable and that reduced the
power of bio-diversity committees. The amendment shifted the focus from conservation of Biological resources to
commercialisation of biological resources. It further seeks to dilute the three-tier structure created under the Act of
2002 which aims to regulate the access of biological diversity.

Developments & Efforts in Environmental Study: Project Tiger, Project Elephant, Role of
Social movements in world and National level, Agencies & NGOs in Environment Protection
Project Tiger
The tiger is an endangered species in the world. At the turn of the 20th century, India had a population of tigers that
ranged from 20000 to 40000. Due to the hunting practices of the Maharajas and the British, as well as poaching
activities, their number had dwindled drastically to about 1820 in the seventies. Tigers are especially vulnerable because
tiger skin is in huge demand in the international black market. Tiger claws and other parts are also in demand. Most of
the remains end up in China. Another reason for the sinking population is the scarcity of prey for these wild cats.

The Project: Project Tiger was launched by the Indira Gandhi government in 1973 from the Jim Corbett National Park in
Uttarakhand with an ambitious aim of increasing the population of the tiger in the country. Project tiger scheme
includes wildlife management, protection measures and site specific eco development to reduce the dependency on
tiger reserve resources. In the initial years of this project, there were only 9 tiger reserves in India. At present, there are
47 such reserves located in 18 tiger range states of India. At present, a little more than 2% of the country’s area is
covered under the Project. The administrating body for the project is the National Tiger Conservation Authority (NTCA)
formed in 2005. Under the organisation, there are eight Conservations Units each headed by a director who is
responsible for his/her reserve area.

Objectives: To ensure that any factor leading to the reduction of tiger habitats is limited. Any damages done to these
habitats should be repaired so that the ecosystem is balanced. Maintain a viable tiger population.

Features: The reserves are created and functioned on a core/buffer strategy. That is, the core areas have the legal status
of a national park or sanctuary in India. The buffer areas form the peripheral region and are a combination of forest and
non-forest lands. The project adopts an exclusive tiger agenda in the core areas and an inclusive people-centric
approach in the buffer regions. States maintain the Special Tiger Protection Force to protect tigers in the reserves. The
project is in the process of creating a national database of individual tigers with photos so that seized body parts or
dead tigers can be traced. The Monitoring System for Tigers – Intensive Protection and Ecological Status, or M-STrIPES
was launched in 2010 and is a software-based monitoring system for tigers. Information technology is used to keep a tab
on the number of tigers. The e-Eye system was launched in 2016 at Corbett, which uses thermal cameras for enhanced
surveillance.

LEVELS OF CONSERVATION

Level I: The population of the tigers in any reserve is to be determined from time to time. The reasons for either their
increase or decrease are to be noted. In case of decrease, the reasons are to be located and appropriate measures are
to be undertaken. If they encounter severe diseases then it should be diagnosed and immediate treatments are to be
made. If the decrease in number is due to poaching then constant vigilance is to be maintained to keep poachers away.

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Level II: The food of tiger comprises of deer, sambar, wild boar etc. as it is a carnivore. Care should be taken to keep the
food animals in sufficient numbers, so that the tiger need not come out of the forest for food and get killed by the
hunters.

Level III: It is essential to have knowledge about the breeding season of the tigers and the number of litters born. The
litters should be protected from all sorts of danger including diseases. The diseased litters or tigers should be
imprisoned and treated and later released into their natural habitat.

The success of Project Tiger: Human interference in any of the reserves and forests is not allowed. A proper habitat has
been created for the Tigers to hunt, live and survive. The project has brought about significant changes in the tiger
population in the country. From 2010 to 2014, there has been a 30% rise in the number of tigers in India. At present,
there are 2226 tigers in India, which is the highest in the world (about 70% of the tigers in the world are in India). The
project is still going on and will continue until the Tigers don’t come out of the endangered species category.

Challenges faced by the government: Many individuals sell tiger bones and skin to international markets. This is a major
business for them to earn good money. After all the initiatives taken by the project, they couldn’t stop illegal trading of
animal skin. During the building of sanctuaries and reserves, the human population living over there faced the problem
and therefore raised their voice against it. They passed out a Forest Rights Act in which they stated their difficulty. They
wanted to have space for them as well and did not want to move from their original area.

Greatest Tragedy in Project Tiger: The Tiger Conservation Project has hit the greatest tragedy when the Namdapha tiger
reserve in Arunachal Pradesh and Sariska in Rajasthan have been swept clean of the majestic beast. Officials of the
wildlife department in Namdapha are doubting the presence of only a single big cat in the vast reserve spread across
1,985 square kilometers. But even that one tiger that Namdapha now lays claim has not been sighted by forest officials.
The officials are blaming the poor infrastructure and limited frontline staff, where each staff has to cover an area of 65-
70 square kilometers. Another reason which has been sighted to the tragedy is the presence of the Lisu tribe who have
settled (originally from Myanmar) in the reserve and are the ones who hunt the beasts.

How Project Tiger helped in protecting other wild species: After seeing the success of Project Tiger, the government
updated the Wildlife Protection Act of 1972. This made sure that along with tigers, other wildlife also gets protected.
One by one, every national park took an initiative to save endangered species. For, e.g.: Gir conserves lions, and
Kaziranga conserves one-horned rhinos. As hunting was banned to save tigers, other animals were also saved from the
brutal clutches of the game. Government became more aware of the species that are depleting. The awareness made
them realize to do something about the other endangered species as well. Now along with the national animal of the
country, all the other species are also being saved.

Project Elephant
Elephant is the largest terrestrial mammal of India – requires lot of land space. Asian elephants were widely distributed
– from West Asia eastward through Persia into the Indian sub-continent, South and Southeast Asia upto North China.
Currently they are confined to Indian Subcontinent, South East Asia and some Asian Islands (About half of the Asian
elephant population is in India). There are only 17 states in which elephants exist in the wild state with the total
elephant population in India being around 30000. There are 32 elephant reserves in India with total area of reserves
being around 70000 sq km. Elephants have been conventionally hunted down for valuables like its tusks and skin. There
are various cases reported every year due to the conflict of human and animal in the sensitive belts of elephant
population.

Major Threats Faced By Elephants That Made Project Elephant An Imperative:

Poaching: Poaching is a major threat across the world. The body parts of the mammal offer valuable possessions for the
hunters. Their tusks, tail hair, skin, nails are just a few among the used body parts. While tusks commonly end up as
ivory and jewelry, elephant skin is considered a good source to make pastes that act as the cure for diseases such as
eczema.

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Habitat destruction: Destruction and deterioration of the habitat mean the disturbance of the ecosystem itself. Being a
sensitive and close-knitted group the elephants tend to be deeply affected by the damage to their environment.

Human-animal conflict: With human taking up their lands, elephants tend to reciprocate in the same manner leading to
human-animal conflicts. Elephants have destroyed plantations and losses were incurred by the farmers as a
consequence.

Exploitation: The exploitation of these mammals for religious and other cultural activities has increased over the last few
decades. In some states, they are made to stand at the same spot in hot climates for hours just so that the humans can
feast on their grandeur.

THE PROJECT: “Project Elephant” is an initiative of Central Government (Ministry of Environment & Forest, Govt. of
India) started in the year 1992. This was a major initiative that took after another major milestone that saw light and
success in the conservation of yet another species – Project Tiger, introduced in the year 1973. This project aims at
increasing the elephant population in India by providing natural habitat to them. Through this project, financial support
is being provided for states having elephants. Today the project is being implemented in 16 states. And under the aegis
of the project, an elephant census is conducted once in five years.

Objectives: To protect elephants, their habitat & corridors. To address issues of man-animal conflict. Welfare of
domesticated elephants. However, Project Elephant was never constrained to these three major aims. Some of the
other ways in which Project Elephant plans to make a significant impact include the following:

• To ensure a healthy elephant population that is living in an ecosystem that is well maintained.
• To preserve the habitat of the species and reverse the deterioration of the same that happened over the course
of few years.
• To introduce infrastructure and research facilities to ensure developments for better conservation of elephants.
• To provide more veterinary support for the species.
• To strictly prevent activities that fall under poaching.
• To educate the public about the need for the preservation of wildlife.
• To encourage eco-friendly activities and prevent elephant depredation.
• To financially help those livelihoods which were affected by the ban of ivory products.

Major Schemes That Were Introduced For The Conservation Of Elephants

Haathi Meri Saathi - This campaign was launched by the Indian government in the year 2011 as a call to bring together
people for active participation in the conservation of elephants. Giving primary focus to raise awareness among the
public, this campaign put forward the idea to establish Gajah centers in all elephant landscapes to facilitate better
arrangements for the welfare of the species. The campaign was attended by 8 countries that formed the group E-8
(India, Tanzania, Thailand, Indonesia, Kenya, Botswana, Sri Lanka, and the Republic of Congo). These 8 nations together
made up almost one-third of the elephant population in the world at the time. The program addressed major concerns
like the dismal condition of elephant corridors, deteriorating human-elephant relationships, unsafe conditions for
captive elephants, and many more.

MIKE - Monitoring of Illegal Killing of Elephants ( MIKE ) Programme - It was an international collaboration that
focused on the reason for elephant welfare deterioration and the reasons for the rise in the mortality rate of the
species. Established by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
this programme managed to gather the focus of the entire world during its course of two years (2017-2019). Around 28
sites spread across 13 Asian countries participated (10 from India) in the program. In addition to analyzing mortality
rates off elephants, the program managed to throw light upon the importance of having strict rules and good law
enforcement to ensure a safe future for elephants. It also recommended steps to improve the elephant sites through
better financial and infrastructural support (training for the front-line field staff and provisions for more site field
equipment)

Banning ivory trade case – Rajendra Kumar v UOI

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I.U.C.N, W.W.F, Green Peace etc.

UNIT –V : International Conventions on Environment (climate change

ones: Unced, Rio, Kyoto, Biodiversity, CARTAGENA, Paris )
Stockholm Conference on Greenhouse effect and Ozone Depletion
Convention on Biodiversity
The United Nations Convention on Biological Diversity (UNCBD) is a United Nations treaty that is responsible for the
conservation of Biological Diversity around the world. informally known as the Biodiversity Convention, is a multilateral
treaty opened for signature at the Earth Summit in Rio De Janeiro in 1992. 196 countries are a party to the CBD. Only
two member states of the United Nations are not Parties: the USA and the Vatican. The Conference of Parties (COP) is
the governing body of the convention. It consists of the governments that have ratified the treaty. Its Secretariat is in
Montreal, Canada.

CBD and India: India is also a party to the Convention. India ratified it in 1994. The Biological Diversity Act, 2002 was
enacted for giving effect to the provisions of the Convention. To implement the provisions of the Act, the government
established the National Biodiversity Authority (NBA) in 2003. The NBA is a statutory body.

Goals of CBD

1) the preservation of biological diversity

2) the sustainable use of its components
3) the fair and equitable sharing of the benefits from the use of genetic resources

All genetic resources, species and ecosystems are covered in the agreement. A set of principles are laid out for equitable
and fair sharing of the benefits that arise out of the use of genetic resources, specifically those destined for commercial
use. It also covers the rapidly expanding field of biotechnology through its Cartagena Protocol on Biosafety, addressing
technology development and transfer, benefit-sharing and biosafety issues.

Important Articles

• Article 6. General Measures for Conservation and Sustainable Use

• Article 7. Identification and Monitoring
• Article 8 & 9. In-situ and Ex-situ conservation
• Article 10. Sustainable Use of Components of Biological Diversity
• Article 12. Research and Training
• Article 13. Public Education and Awareness
• Article 14. Impact Assessment and Minimizing Adverse Impacts
• Article 15. Access to Genetic Resources
• Article 16. Access to and Transfer of Technology
• Article 17. Exchange of Information
• Article 18. Technical and Scientific Cooperation
• Article 19. Handling of Biotechnology and Distribution of its Benefits
• Article 20. Financial Resources

Kyoto Protocol and Paris Agreement

Kyoto Protocol to the United Nations Framework Convention on Climate Change, international treaty, named for the
Japanese city in which it was adopted in December 1997, that aimed to reduce the emission of gases that contribute to
global warming., it entered into force on 16 February 2005. Currently, there are 192 Parties to the Kyoto Protocol. the
protocol called for reducing the emission of six greenhouse gases in 41 countries plus the European Union. Conference
of Parties (COP)- The Official meeting of all countries associated with the Kyoto Protocol. The main sources of
greenhouse gases from human activity are:

• combustion of fossil fuels (coal, oil, and gas) in electricity generating, transport, industry, and households
(CO2);

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 • agriculture (CH4) and changes in land use, such as deforestation (CO2);
• waste dumps (CH4);
• the use of fluorine-containing industrial gases.

Key features of Kyoto Protocol

1. Protocol is legally binding

2. Only members of UNFCCC can become parties to the Kyoto Protocol.
3. Kyoto Protocol was adopted at the 3rd session of UNFCCC
4. To meet the targets of the Kyoto Protocol, member countries cannot include international shipping and
international aviation
5. Countries can use Land Use (LU), land-use change (LUC), and Forestry to meet their Kyoto targets.

1ST COMMITMENT: The protocol’s first commitment period started in 2008 and ended in 2012. 36 countries had
participated in the first commitment period. 9 countries opted for flexibility mechanisms since their national emissions
were greater than their targets. Hence these countries funded emissions reductions in other countries. Although the 36
developed countries had reduced their emissions, global emissions increased by 32 % from 1990 to 2010. The financial
crisis of 2007-08 was one of the major contributors to the reduction in emissions. India was exempted from legally
binding commitments on greenhouse gas emissions. India emphasized on the differentiation between developed and
developing nations concerning the burden of responsibility for climate action. India successfully defended its obligation
on socio-economic development while concurrently forcing developed countries of the Annex I category to take more
responsibilities on curtailing greenhouse gas emissions.

Targets for the first commitment period: The targets for the first commitment period of the Kyoto Protocol cover
emissions of the six main greenhouse gases, namely:

• Carbon dioxide (CO2);

• Methane (CH4);
• Nitrous oxide (N2O);
• Hydrofluorocarbons (HFCs);
• Perfluorocarbons (PFCs); and
• Sulphur hexafluoride (SF6)

Doha Amendment/2ND COMMITMENT: In Doha, Qatar, on 8 December 2012, the Doha Amendment to the Kyoto
Protocol was adopted for a second commitment period, starting in 2013 and lasting until 2020. India has ratified the
second commitment period of the Kyoto Protocol i.e. meet the emission targets for the time period 2012-2020. India
was the 80th country to accept the amendment. One important element of the Kyoto Protocol was the establishment of
flexible market mechanisms, which are based on the trade of emissions permits

SINKS: The protocol provided several means for countries to reach their targets. One approach was to make use of
natural processes, called “sinks,” that remove greenhouse gases from the atmosphere. The planting of trees, which take
up carbon dioxide from the air, would be an example.

Clean Development Mechanism – CDM: The international program which encourages developed countries to invest in
technology and infrastructure in less-developed countries, where there were often significant opportunities to reduce
emissions. This mechanism, as defined in Article 12 of the Protocol

International Emissions Trading System: Emissions trading, as set out in Article 17 of the Kyoto Protocol, allows
countries that have emission units to spare— emissions permitted them but not “used”—to sell this excess capacity to
countries that are over their targets.

Carbon pricing: The World Bank defines carbon pricing as “an instrument that captures the external costs of
greenhouse gas emissions and ties them to their sources through a price, usually in the form of a price on the carbon
dioxide emitted.” Internal carbon pricing: Companies internally design this system to estimate the cost of carbon
emissions. These estimates further guide the investment decisions for energy efficiency.

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CARBON CREDIT: Carbon credit is a process adopted by various National and international governments to estimate the
effect of greenhouse gases. 1 carbon credit = 1 ton of carbon release. This concept was designed in Kyoto Protocol
between more than 170 Nations and adopted at par through subsequent accords. The protocol agreed some quotas or
generally called ‘caps’ on the maximum release of greenhouse gases for developing and developed nations. The
respective countries manage this through their own registries and the same are to be monitored by the UNFCCC for
compliance.

CARBON TAX: The production, distribution or use of fossil fuels based on Carbon combustion, a form of pollution tax in
the name of the carbon tax is levied. The carbon tax is based on the economic principle of negative externalities. The
purpose of this carbon tax is to lower the greenhouse gas emissions. It also encourages to use alternative energy by
making it cost-effective when compared to other cheaper fuels.

CARBON TRADING: Carbon trading is the process of buying and selling permits and credits that allow the permit holder
to emit carbon dioxide. It has been a central pillar of the EU's efforts to slow climate change. The world's biggest carbon
trading system is the European Union Emissions Trading System (EU ETS)

CARBON BANKING: The carbon banking approach where the bank creates a carbon pool by taking deposits from carbon
owners in exchange for an annual payment and then loans the carbon to borrowers who pay an annual rental. forest
owners ‘deposit’ carbon, in exchange for an annual payment, and those who need carbon offsets ‘borrow’ carbon by
making an annual payment. The role of the carbon bank is to aggregate deposits of carbon and use these to meet
various demands for carbon. There are a number of benefits of this system.

Paris Agreement: Paris Agreement Under the United Nations Framework Convention on Climate Change, also called
Paris Climate Agreement or COP21, adopted in December 2015 which aimed to reduce the emission of gases that
contribute to global warming. It entered into force on November 4, 2016, and has been signed by 195 countries and
ratified by 190 as of January 2021. The agreement requires both developing and developed nations to reduce their
greenhouse emissions. The objective of the Paris Agreement was to prevent the average global temperature from rising
more than 2 degrees Celsius above pre-industrial levels. The Paris Agreement was focused on reducing all
anthropogenic greenhouse gases. The goals of the Paris Agreement are st to be achieved between 2025 and 2030

Difference between Kyoto Protocol and Paris Agreement

Cartagena Protocol on Bio-Safety

It is supplementary agreement to the Convention on Biological Diversity and entered into force on 11 September 2003.
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international agreement which aims
to ensure the safe handling, transport and use of living modified organisms (LMOs) resulting from modern
biotechnology that may have adverse effects on biological diversity, taking also into account risks to human health.

Important features: The Protocol seeks to protect biological diversity from the potential risks posed by living modified
organisms resulting from modern biotechnology. It establishes an advance informed agreement (AIA) procedure for
ensuring that countries are provided with the information necessary to make informed decisions before agreeing to the

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import of such organisms into their territory. The Protocol contains reference to a precautionary approach and reaffirms
the precaution language in Principle 15 of the Rio Declaration on Environment and Development. The Protocol also
establishes a Biosafety Clearing-House to facilitate the exchange of information on living modified organisms and to
assist countries in the implementation of the Protocol.

Cartagena Protocol Scope: The Cartagena Protocol chiefly governs the following:

• LMOs that are intentionally introduced into the environment (trees, seeds or fish).
• Genetically modified (GM) farm commodities (grain and corn used for animal feed, food or for processing).
• The Protocol is applicable for transboundary movement, transit, handling and use of all LMOs that may have
harmful effects on the conservation and sustainable use of biological diversity, also considering risks to human
health.
• It does not cover pharmaceuticals for humans addressed by other international agreements and organisations
or products derived from LMOs, such as cooking oil from GM corn.

LMOs are classified as the following under the Protocol:

• LMOs for intentional introduction into the environment – subject to AIA procedures.
• LMOs for direct usage as food or feed, or for processing – subject to simplified procedures which include
informing through the BCH.
• LMOs for contained usage (like bacteria for lab experiments) – these are exempt from AIA procedures.

Strategic plan for the Cartagena Protocol on Biosafety for the period 2011-2020: The Strategic Plan comprises a vision,
a mission statement and five strategic objectives. For each strategic objective a number of operational objectives,
expected outcomes and indicators are outlined. The focal areas underlying the five strategic objectives are as follows:

• Facilitating the establishment and further development of systems for the implementation of the Protocol;
• Capacity-building;
• Compliance and review;
• Information sharing; and
• Outreach and cooperation.

BIOSAFETY CLEARING HOUSE (BCH): The BCH (http://bch.biodiv.org) is an accessible, online information portal
established by the CPB to:

• facilitates the exchange of scientific, technical, environmental, legal and capacity building information on, and
experience with LMOs, and assists Parties to implement and better comply with their obligations under the
Protocol.
• Information is not limited to existing laws, regulations, or guidelines related to the implementation of the
Protocol, but also include summaries of risk assessments an environmental reviews of LMOs and final decisions
regarding the importation or release of LMOs.

CAPACITY BUILDING: The Protocol promotes international co-operation to help developing countries acquire resources
and capacity to use biotechnology safely and regulate it efficiently. It does this by encouraging member governments to
assist with scientific and technical training to promote the transfer of technology, knowledge and financial resources.
Governments are also expected to facilitate greater involvement of the private sector.

PUBLIC AWARENESS: Parties to the Protocol must commit themselves to co-operating with other member countries to
promote public awareness, ensuring public access to information and public consultation. Final decisions must be made
accessible via the BCH. The Protocol recognises that national measures are important to make its procedures effective.
Parties must also take measures to prevent illegal shipments or accidental releases of LMOs.

Ramsar Convention on Wetlands

The Ramsar Convention came into force in 1975 with a mission to conserve and use wisely all wetlands through local
and national actions and international cooperation, as a contribution towards achieving sustainable development
throughout the world. Also known as the Convention on Wetland, it is an international (intergovernmental) treaty.

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Signed on 2nd February 1971, and came into force in 1975. The name ‘Ramsar’ has been adopted from the city of
Ramsar which is an Iranian city of the southern shore near the Caspian Sea.

Wetlands - broad definition of Ramsar Convention, “Wetlands are “areas of marsh, fen, peatland or water, whether
natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas
of marine water the depth of which at low tide does not exceed six metres.” Marshes, swamps, and bogs are examples
of wetlands.

OBJECTIVES: The convention works on three pillars that define the purpose of the Ramsar Convention:

1. Wise Use – To work towards the wise use of all wetlands

2. List of Wetlands of International Importance – Designate suitable wetlands under the Ramsar List to effectively
manage those
3. International Cooperation – To bring cooperation internationally over the transboundary wetlands, shared
wetland systems and shared species.

India and Wetland Conservation: Ramsar Convention entered into force in the country on 1st February 1981. India’s
initiatives to conserve the national wetlands (4.63% of the total geographical area). The National Plan for Conservation
of Aquatic Ecosystems was enacted in the year 2015 after the amalgamation of the National Lake Conservation Plan and
the National Wetlands Conservation Programme. The main objectives of this plan are:-

• The foremost objective is the holistic conservation of the wetlands.

• It also focuses on other related aspects like ameliorating water quality, biodiversity, etc.
• The Ministry of Environment, Forest & Climate Change released a set of guidelines in January 2020 for
implementation of the Wetland Rules 2017.

(Wetlands (Conservation and Management) Rules, 2017): India regulated the following wetlands:

• Wetlands designated under the Ramsar List.

• Those wetlands are notified under central, state, and UT rules.

India does not regulate the following wetlands under Wetlands Rules:

• River channels
• Paddy fields
• Human-made water bodies specifically constructed for drinking water purposes; aquaculture purposes; salt
production purposes; recreation purposes; and for irrigation purposes
• Wetlands falling within areas covered under the Indian Forest Act, 1927; Forest (Conservation) Act, 1980; and
State Forest Acts.
• Wetlands falling within areas covered under the Wildlife (Protection) Act, 1972.
• Wetlands falling within areas covered under the Coastal Regulation Zone Notification, 2011.

THOMAS LAWRENCE vs. STATE OF KERALA - That there is mass destruction of Wetlands and 10 acre Pond inside the
Technopark Region, Thiruvananthapuram, Kerala. The Collector has passed an order pursuant to the NGT’s order and it
is clear that the execution application filed before the NGT has become infructuous. The State Wetland Authority, Kerala
had prepared a draft list comprising of 40 wetlands in Kerala and that the land involved in the present case has not been
identified as a wetland. The lands were covered by land acquisition notifications showing that they were paddy
land/converted paddy land and/or dry land and not wetland.

Basel Convention on Movement of Hazardous Waste

It is the most comprehensive global environmental agreement on hazardous wastes and other wastes. With 188 Parties
it has nearly universal membership. The Convention covers toxic, poisonous, explosive, corrosive, flammable, ecotoxic
and infectious wastes. Parties also have an obligation to minimize the quantities that are transported, to treat and
dispose of wastes as close as possible to their place of generation and to prevent or minimize the generation of wastes

66
at source. It establishes a “notice and consent” regime — also known as prior informed consent (PIC) — for the export
of hazardous and certain other waste to importing countries

Objective: To protect human health and the environment against the adverse effects of hazardous wastes. Its scope of
application covers a wide range of wastes defined as “hazardous wastes” based on their origin and/or composition and
their characteristics, as well as two types of wastes defined as “other wastes” - household waste and incinerator ash

Article-3 and 16.1: Each Party shall inform the Secretariat of the Convention of the wastes considered or defined as
hazardous under its national legislation and of any requirements concerning transboundary movement procedures
applicable to such wastes. The Secretariat shall forthwith inform all Parties of the information it has received and Parties
shall be responsible for making this information available to their exporters.

Information Exchange – Article 10 and 13.1: The Parties shall co-operate with each other in order to improve and
achieve environmentally sound management of hazardous wastes and other wastes.

Justice –Article 4.4: Each Party shall take appropriate legal, administrative and other measures to implement and
enforce the provisions of this Convention, including measures to prevent and punish conduct in contravention of the
Convention.

Information and Labelling- Article 4.7: Information and labelling (article 4.7): Each Party shall require that hazardous
wastes and other wastes that are to be the subject of a transboundary movement be packaged, labelled, and
transported in conformity with generally accepted and recognized international rules and standards in the field of
packaging, labelling, and transport, and that due account is taken of relevant internationally recognized practices.

Prior consent– Article 6: State of export shall notify, or shall require the generator or exporter to notify, in writing,
through the channel of the competent authority of the State of export, the competent authority of the States concerned
of any proposed transboundary movement of hazardous wastes or other wastes. Such notification shall contain the
declarations and information specified in Annex V A. The State of export shall not allow the generator or exporter to
commence the transboundary movement until it has received written confirmation that the notifier has received the
written consent of the State of import and confirmation of the existence of a contract.

CITES THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED

SPECIES OF WILD FAUNA AND FLORA (protect plant & animal)
CITES is an international agreement between governments. It was adopted in 1963 and entered into force in 1975 and
consists of 183 member-countries. Located in Geneva, Switzerland, the CITES is administered by the United Nations
under its UNEP (United Nations Environment Programme) Wing. Objective is the preservation of the planet’s plants and
animals by ensuring that the international trade in their specimens does not threaten their survival. Although CITES is
legally binding on the Parties, it does not take the place of national laws.

DECISION MAKING BODY: The Convention of Parties to CITES is the supreme decision-making body of the Convention
and comprises all its Parties. The Conference of the Parties (COP) meet every two to three years. The latest COP was
CITES COP18 that took place in August 2019 in Geneva,Switzerland. CITES COP3 took place in India in 1981 in New Delhi.

CITES CLASSIFICATION: CITES classifies plants and animals into three categories, based on how threatened they are.
Roughly 5,600 species of animals and 30,000 species of plants are protected by CITES against over-exploitation through
international trade.

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India is a CITES Party since 1976. Due to its extreme diversity, India is recognized all over the world for harbouring up to
7-8% of all the species recorded by CITES. Out of 34 global biodiversity hotspots in the world, India has 4 of them:
Western Ghats, Sundaland, Himalayas and Indo-Burma region. As an active CITES Party, India prohibits the international
trade of endangered wild species. India has placed several measures to control the threats from invasive alien species.
This is done by regulating the trade by export certificates and import permits. India proposed to boost the protection of
the following animal species: Smooth-coated otter & small-clawed otter, Indian star tortoise, Tokay gecko, Wedgefish,
Indian rosewood.

U.N. Declaration on Right to Development, Global Environment Governance

Paris Agreement World Heritage Convention Paris, 1972
General Conference of the UNESCO meeting in Paris from 17 October to 21 November 1972. It came into force in 1975.
Purpose: to protect world cultural and natural heritage. there are 194 State Parties to the convention. India ratified the
convention in 1977. The Convention is overseen by the World Heritage Committee, which is composed of 21 countries
elected by the States Parties. The Committee is supported by UNESCO’s World Heritage Centre in Paris , which advises
States Parties on the preparation of site nominations, organises technical assistance on request and coordinates
reporting on the condition of sites. State Parties identify and nominate properties located in their countries to be
considered for inscription on the World Heritage List. They agree to protect, preserve and conserve the heritage
properties in their national territories. They also have to present how they preserve the properties, provide a
management plan for the upkeep of the inscribed properties and ensure to report periodically on their conditions. The
World Heritage Convention links together in a single document the concepts of nature conservation and the
preservation of cultural properties. The convention acknowledges the manner in which people interact with nature and
the basic need to maintain the balance between nature and humanity. The Convention contains 38 articles which are
divided into eight parts.

Part 1: DEFINITION OF THE CULTURAL AND NATURAL HERITAGE: Article 1 – Article 3 – Cultural heritage:

• Monuments
• Group of buildings
• Sites

Natural heritage: State must identify and delineate these

Part 2: NATIONAL PROTECTION AND INTERNATIONAL PROTECTION: Article 4 – Article 7 – State Party duty of ensuring
the identification, protection, conservation, presentation and transmission to future generations. State Party shall:
adopt a general policy, set up services for the protection, conservation, develop scientific and technical studies and
research, take the appropriate legal, scientific, technical, administrative and financial measures

Duty of international community to cooperate. International protection of the world cultural and natural heritage – a
system of international co-operation and assistance designed to support States Parties

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Part 3: INTERGOVERNMENTAL COMMITTEE: Article 8 – Article 14 – the World Heritage Committee – within UNESCO
composed of 21 States Parties to the Convention, elected by States Parties to the Convention meeting in general
assembly. Take action based on requests for international assistance.

Part 4: FUND: Article 15 – 18 – the World Heritage Fund. compulsory and voluntary contributions made by States
Parties. Contributions, gifts or bequests made by:

o other States;
o UNESCO
o public or private bodies or individuals;

Part 5: ARRANGEMENTS FOR INTERNATIONAL ASSISTANCE: Article 19 – 26 – World Heritage Committee shall define
the procedure by which requests to it for international assistance. Assistance by the World Heritage Fund:

• studies
• provisions of experts, technicians and skilled labour
• training of staff and specialists
• supply of equipment
• low-interest or interest-free loans
• non-repayable subsidies

Part 6: EDUCATIONAL PROGRAMMES: Article 27 – Article 28 – State Parties to organizeeducational and information
programmes keep the public broadly informed of the dangers threatening this heritage.

Part 7 & 8: REPORTS & FINAL CLAUSES: Reports: Article 29; Final clauses: Article 30 – Article 38

Johannesburg Declaration, 2002

World Summit on Sustainable Development is built on earlier declarations made at the United Nations Conference on
the Human Environment at Stockholm in 1972 and the Earth Summit in Rio de Janeiro in 1992. Johannesburg, South
Africa in September 2002 coordinated international effort for tackling poverty while sustaining environment.

The Declaration – From our origins to the future: Commit to building a humane, equitable and caring global society.
Children want a world free ofthe indignity and indecency. Assume a collective responsibility.

Key commitments, targets and timetables

• Poverty eradication
• Water and sanitation
• Sustainable production and consumption
• Energy
o Renewable energy
o Access to energy
o Energy markets
o Energy efficiency
• Chemicals

Management of the natural resource base:

• Water
• Oceans and fisheries
• Atmosphere
• Biodiversity
• Forests
• Corporate responsibility
• Health

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 • Sustainable development
• International framework

From Stockholm to Rio de Janeiro to Johannesburg: Agreed on the urgent need to respond to the problem of
environmental deterioration. Other conferences - comprehensive vision for the future of humanity. Significant progress
has been made towards achieving a global consensus and partnership

The challenges we face

• Poverty eradication, changing consumption and production patterns and protecting and managing the natural
resource
• Rich and the poor and the ever-increasing gap pose a major threat to global prosperity, security and stability
• Loss of biodiversity continues, fish stocks continue to be depleted, desertification
• Benefits and costs of globalization are unevenly distributed
• Poor of the world may lose confidence in their representatives and the democratic systems

Our commitment to sustainable development

• Constructive partnership for change and for the achievement of the common goal of sustainable development
• Promotion of dialogue and cooperation among the world’s civilizations and peoples
• Targets, timetables and partnerships to speedily increase access to such basic requirements
• Fight against the worldwide conditions that pose severe threats to the sustainable development of our people
• Women’s empowerment and gender equality
• Address the challenges of poverty eradication
• Reach the internationally agreed levels of official development assistance
• Support alliances such as the New Partnership for Africa’s Development, to promote regional cooperation,
improved international cooperation
• Special attention to the developmental needs of small island developing States and the least developed
countries
• Vital role of the indigenous peoples
• Requires a long-term perspective and broad-based participation in policy formulation
• Private sector have a duty to contribute to the evolution of equitable and sustainable communities and
societies
• Provide assistance to increase income-generating employment opportunities
• Need for private sector corporations to enforce corporate accountability
• Undertake to strengthen and improve governance at all levels for the effective implementation

Multilateralism is the future:

01: Need more effective, democratic and accountable international and multilateral institutions

02: Support the leadership role of the United Nations as the most universal and representative organization in the world

03: Monitor progress at regular intervals

Making it happen!: Must be an inclusive process. Act together, united by a common determination to save our planet.
Achieve the time-bound, socio-economic and environmental targets

United Nations Conference on the Human Environment

The Conference held in Stockholm, Sweden from June 5–16 in 1972. (World Environment Day). Conference motto – only
1 Earth (Report Title). The UNEP, was created as a result of this conference. It was attended by 114 countries. The
meeting agreed upon a Declaration containing 26 principles concerning the environment and development; an Action
Plan with 109 recommendations, and a Resolution. One of the major results of the Stockholm conference was the
creation of the United Nations Environment Programme (UNEP). Stockholm put the environment on political agenda.
The agenda led to Brundland Commission and its definition of a sustainable society as one that “meets the needs of the

70
present without compromising the ability of our future generation to meet their own needs”. It is different from
Stockholm Conference.

Principles

1. Human rights must be asserted, apartheid and colonialism condemned

2. Natural resources must be safeguarded
3. The Earth's capacity to produce renewable resources must be maintained
4. Wildlife must be safeguarded
5. Non-renewable resources must be shared and not exhausted
6. Pollution must not exceed the environment's capacity to clean itself
7. Damaging oceanic pollution must be prevented
8. Development is needed to improve the environment
9. Developing countries therefore need assistance
10. Developing countries need reasonable prices for exports to carry out environmental management
11. Environment policy must not hamper development
12. Developing countries need money to develop environmental safeguards
13. Integrated development planning is needed
14. Rational planning should resolve conflicts between environment and development
15. Human settlements must be planned to eliminate environmental problems
16. Governments should plan their own appropriate population policies
17. National institutions must plan development of states' natural resources
18. Science and technology must be used to improve the environment
19. Environmental education is essential
20. Environmental research must be promoted, particularly in developing countries
21. States may exploit their resources as they wish but must not endanger others
22. Compensation is due to states thus endangered
23. Each nation must establish its own standards
24. There must be cooperation on international issues
25. International organizations should help to improve the environment
26. Weapons of mass destruction must be eliminated. (Resolution of Nuclear Weapons)

Stockholm+50

In 2022 a report called "Stockholm+50: Unlocking a Better Future" was published by a team of scientists, analyzing the
changes made from the United Nations Conference on the Human Environment in 1972 and giving recommendations
for the future. Stockholm+50: a healthy planet for the prosperity of all – our responsibility, our opportunity. The world
faces a triple planetary crisis of climate change, pollution and waste, nature and biodiversity loss, as well as other
planetary ills that are affecting current and future prosperity and wellbeing.

UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT

(UNCED)
United Nations Conference on Environment and Development (UNCED), Rio de Janeiro, Brazil, 3-14 June 1992. also
known as the ‘Earth Summit’. 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. 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.

IMPORTANCE OF EARTH SUMMIT: 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

71
meeting our needs is vital for sustaining human life on the planet and that such an integrated approach is possible. 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.

ACHIEVEMENTS OF THE EARTH SUMMIT

• the Rio Declaration and its 27 universal principles

• Agenda 21
• the United Nations Framework Convention on Climate Change (UNFCCC)
• the Convention on Biological Diversity (CBD)
• Declaration on the principles of forest management

UNFCCC: UNFCCC's ultimate objective is to achieve the stabilization of greenhouse gas (GHG) concentrations in the
atmosphere at a level that would prevent dangerous interference with the climate system.To boost the effectiveness of
the 1992 UNFCCC, the Kyoto Protocol was adopted in December 1997. It committed industrialized countries and
countries in transition to a market economy to achieve quantified emissions reduction targets for a basket of six GHGs.
In December 2015, parties adopted the Paris Agreement, which requires all parties to determine, plan, and regularly
report on the nationally determined contribution (NDC) that it undertakes to mitigate climate change. India ratified the
United Nations Framework Convention on Climate Change (UNFCCC) in 1993 and the Kyoto Protocol in 2002 and also
adopted the Paris Agreement in 2015

CBD: The Convention on Biological Diversity (CBD) is the international legal instrument for "the conservation of
biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out
of the utilization of genetic resources" that has been ratified by 196 nations. Its overall objective is to encourage actions,
which will lead to a sustainable future. In 2000, Parties to the CBD adopted the Cartagena Protocol on Biosafety, seeking
to protect biological diversity from the potential risks posed by living genetically modified organisms (GMOs), taking into
account human health. India is also a party to the Convention. India ratified it in 1994. The Biological Diversity Act, 2002
was enacted for giving effect to the provisions of the Convention.

Rio Declaration on Environment and Development, 1992

It was signed by 154 states at the United Nations Conference on Environment and Development (UNCED), informally
known as the Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992. The treaty established different
responsibilities for three categories of signatory states. These categories are developed countries, developed countries
with special financial responsibilities, and developing countries. The parties to the convention have met annually from
1995 in Conferences of the Parties (COP) to assess progress in dealing with climate change.

Action for Climate Empowerment (ACE): Action for Climate Empowerment (ACE) is a term adopted by the UNFCCC in
2015 to have a better name for this topic than "Article 6“. It refers to Article 6 of the convention's original text (1992),
focusing on six priority areas: education, training, public awareness, public participation, public access to information,
and international cooperation on these issues.

Principles

1) Role of humans
2) State Sovereignty
3) The right to development
4) Environment protection in development process
5) Eradication of poverty
6) Priority of the least developed
7) State Cooperation to Protect Ecosystem
8) Reduction of Unsustainable Patterns of Production and Consumption
9) Capacity Building for Sustainable Development
10) Public Participation
11) National Environmental Legislation

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 12) Supportive and Open International Economic System
13) Compensation for Victims of Pollution and other Environment Damage
14) State Cooperation to Prevent environmental dumping
15) Precautionary principle
16) Polluter pays and improved valuation and incentives
17) Environmental Impact Assessments
18) Notification of Natural Disaster
19) Prior and Timely Notification
20) Women have a Vital Role
21) Youth Mobilization
22) Indigenous Peoples have a Vital Role
23) People under Oppression
24) States should respect international law
25) Peace, Development and Environmental Protection
26) Resolution of Environmental Disputes
27) Cooperation between State and People

Agenda 21: The "21" in Agenda 21 refers to the 21st Century. 350-page document. 40 chapters - have been grouped
into 4 sections.

Section I Social and Economic Dimensions: is directed toward combating poverty, especially in developing countries,
changing consumption patterns, promoting health, achieving a more sustainable population, and sustainable settlement
in decision making.

Section II Conservation and Management of Resources for Development: Includes atmospheric protection, combating
deforestation, protecting fragile environments, conservation of biological diversity (biodiversity) , control of pollution
and the management of biotechnology, and radioactive wastes.

Section III Strengthening the Role of Major Groups: includes the roles of children and youth, women, NGOs, local
authorities, business and industry, and workers; and strengthening the role of indigenous peoples, their communities,
and farmers.

Section IV Means of Implementation: implementation includes science, technology transfer, education, international
institutions and financial mechanisms.

History of Environment Protection

The concept of environmental protection is an age old idea imbibed in the Indian cultural ethos since time immemorial.
While environmental problems resulting from industrialisation have increasingly become scientific, political, ethical as
well as social priorities at local, national, regional and international level, in the last twenty years in liberal democracies
a general consensus has grown around the need for an increased involvement of the public in environmental law and
policy.

In connection to the notion of sustainable development, already in the Rio Declaration it was held that ‘environmental
issues are best handled with the participation of all concerned citizens at the relevant level’. The evolution of
environmental protection in India can be divided into four time periods:

(i) Policy and Laws in Ancient India (500 BC-1638 AD): Environmental awareness can be said to have existed even in the
pre Vedic Indian valley Civilization which flourished in northern India about 5,000 years ago. This is evident from the
archaeological evidence gathered from Harappa and Mohenjo-Daro which were the prominent cities of the civilization.
Their awareness about hygiene and sanitation is evident from their constructions of ventilated houses, orderly streets,
numerous wells, bath rooms, public baths and covered underground drains. Protection and cleaning up of the
environment was the essence of Vedic (1500–500 BC) culture.

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Charka Samhita (medical Science book of 900 BC – 600 BC) gives many instructions for the use of water for maintaining
its purity. Under the Arthashastra written by Kautilya(an ancient book on statecraft, economic policy and military
strategy), various punishments were prescribed for cutting trees, damaging forests, and for killing animals and
environmental ethics of nature conservation were not only applicable to common man but the rulers and kings were
also bound by them.

(ii) Policy and Laws in Medieval India (1638-1800 AD): To Mughal rulers, forest meant no more than woodlands where
they could hunt. The history of medieval India is dominated by Muslim Rulers where no noteworthy development of
environmental jurisprudence took place except during the rule of Mughal Emperor Akbar. During Akbar’s rule except
rulers, others were prohibited from hunting or shikar.

But no major initiatives took place during the medieval period to prevent environmental protection and conservation of
natural resources as the rulers were only interested in war, religion propagation and empire building. Barring “royal
trees’ ‘ which enjoyed patronage from being cut except upon a fee, there was no restriction on cutting of other trees,
hunting animals, etc. Forests during this period shrank steadily in size.

(iii) Laws in British India (1800-1947 AD): Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the
fouling of seawater. The Merchant Shipping Act of 1858 dealt with prevention of sea pollution by oil. The Fisheries Act,
1897. The Bengal Smoke Nuisance Act of 1905. Bombay Smoke Nuisance Act of 1912. Wild Birds and Animals Protection
Act, 1912

(iv) Laws after Independence (1947): The India Constitution adopted in 1950 did not deal with the subject of
environment or prevention and control of pollution as such. It was the Stockholm Declaration of 1972 which turned the
attention of the Indian Government to the border perspective of environmental protection. Comprehensive (special)
environmental laws were enacted by the Central Government in India. The National Council for Environmental Policy
and Planning was set up in 1972 which was later evolved into the Ministry of Environment and Forests (MoEF) in 1985.
The Wildlife (Protection) Act, 1972, aimed at rational and modern wildlife management. The Water (Prevention and
Control of Pollution) Act, 1974, provides for the establishment of pollution control boards at Centre and States to act as
watchdogs for prevention and control of pollution. The Forest (Conservation) Act, 1980 aimed to check deforestation,
diversion of forest land for non-forestry purposes, and to promote social forestry. The Air (Prevention and Control of
Pollution) Act, 1981, aimed at checking air pollution via pollution control boards. The Environment (Protection) Act,
1986 is a legislation which provides for single focus in the country for protection of the environment and aims at
plugging the loopholes in existing legislation. The Public Liability Insurance Act, 1991, provides for mandatory insurance
for the purpose of providing immediate relief to persons affected by accidents occurring while handling any hazardous
substance. The Biological Diversity Act, 2002, is a major legislation intervention affected in the name of the communities
supposed to be involved in the protection of biodiversity around them.

The National Environment Policy of 2006:

Objectives: Conservation of Critical Environmental Resources. Intra-generational Equity: Livelihood Security for the Poor.
Inter-generational Equity. Integration of Environmental Concerns in Economic and Social Development. Efficiency in
Environmental Resource Use. Enhancement of Resources for Environmental Conservation.

Principles: Human Beings are at the Centre of Sustainable Development Concerns. Environmental Protection is an
Integral part of the Development Process. The Precautionary Approach. Economic Efficiency. Environmental Standard
Setting. Preventive Action. Environmental Offsetting.

Conclusion: The Hon’ble Supreme Court through its various judgements also held that the mandate of right to life
includes right to clean environment, drinking-water and pollution-free atmosphere. These judgments include the
famous TajMahal Case, Smoking in Public Places Case, Pollution in Delhi Case, and several landmark judgments on
Sustainable development. It is the duty of the state to protect and improve the environment and to safeguard the forest
and the wildlife of the country (Article 48A, the Constitution). Further, it is a fundamental duty of every citizen under
Article 51(A)(g) of the Constitution to protect and improve the natural environment and to have compassion for living
creatures. The courts are very proactive, and even take up environmental issues on their own initiative merely based on
news articles covering environmental issues. They often tend to influence if not determine environmental policies,
particularly when the executive has failed to fulfil its obligations.

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Prev Year Ques
Part A
 1. Discuss the relevant fundamental rights, directive principles and fundamental duties enshrined under
the Indian Constitution relating to environmental protection.
(or)
Explain the remedies for enforcement of "fundamental right to live in a clean and healthy environment".
(or)
"Right to clean and healthy environment" is object of the Environmental laws.
(or)
Analyse in detail as to how does the Indian Constitution reiterates the importance of Environment Protection
and Conservation.
(or)
How does the Constitutional provisions act as a stimulator in protection of environment?
(or)
"Right to healthy environment and to sustainable development are fundamental human rights implicit in the
right to life". Comment.
(or)
Elucidate the constitutional obligation imposed upon the State in relation to protection of environment
guaranteed under Art.21 of the constitution. Refer to decided cases. Pg. 6

2. Enumerate the provisions regarding offences and the penalties under the Water (Prevention and
Control of Pollution) Act, 1974.
(or)
Elucidate on the provisions relating to "Prevention and Control of Water Pollution" specified in the Water
(Prevention and Control of Pollution) Act, 1974.
(or)
Explicate the functions and powers of the pollution control boards under Water (Prevention and Control of
Pollution) Act, 1974. Pg. 16

3. Discuss the causes of environmental pollution.

(or)
Explain as to why does pollution occur and the causes for pollution in detail.
(or)
Analyse as to the possible causes which creates environmental pollution. Pg. 1

4. Examine the "Polluter Pay Principles" with case laws.

(or)
Write a detailed note on the Polluter Pays Principle and Pre cautionary Principle. Explain with relevant case
laws.
(or)
Explain the Precautionary Principle with relevant case laws. Pg. 32

75
5. Discuss the power and functions of the state pollution control board under the Air Prevention and
Control of Pollution Act, 1981.
(or)
State the functions and powers of Central and State Pollution Control Board under Air Act. Pg. 26

6. Explain the law relating to prevention of cruelty to animals.

(or)
Explain what all amounts to cruelty as per the Prevention of Cruelty to Animals Act, 1960. Pg. 53

7. Examine the Biological Diversity Act, 2002 extensively with its rules.
(or)
Point out the characteristics in detail on the Biological Diversity Act, 2002. Pg. 57

8. What is noise pollution? Bring out the legal measures to prevent and control noise pollution.
(or)
Define noise pollution and extract the solution for curbing noise pollution through legal and moral means.
Pg. 19

9. State the powers of the Central Government to take measures to protect the environment under the
Environment (Protection) Act, 1986.
(or)
Discuss the relevant provisions of the Environmental Protection Act, 1986, aimed at protecting the
environment and preventing environmental protection. Pg. 22

10. Write a note on the "History of Environmental Protection in India".

(or)
Narrate the steps taken to protect the environment during British rule and post- independence era. Pg. 72

11. Explain the facts and principles laid down in Rural Litigation and Entitlement Kendra Vs State of U.P. (AIR
1988 SC 2187). Net
12. Explain the National Environmental Tribunal Act, 1995 and National Environmental (Appellate) Authority
Act, 1997 in detail. (NGT) Pg. 27
13. Bring out the importance of the Forest Conservation Act, 1980. Pg. 51
14. Bring out the salient features of the Wild Life (Protection) Act, 1972. Pg. 46

76
15. Explain the key features of the following international conventions (i) UNFCCC (United Nations
Framework Convention on Climate Change) (ii) CBD (Convention on Bio-Diversity) Pg. 71
16. Write down the measures prescribed under the Air (Prevention and Control of Pollution Act) 1981 in
controlling air pollution. Pg. 14
17. State the facts and principles laid down in Vellore Citizens Welfare Vs Union of India (AIR 1996 SC 647).
Net
18. Briefly analyse the salient features of the Indian Forest Act, 1927. Net
19. Explain the "Rio Declaration of the United Nations Conference on Environment and Development, 1992".
Pg. 71
20. Describe the social movements for environmental management. Net
21. Analyse the importance of principles and doctrines evolved by the Supreme Court for the protection of
Environment. Pg. 31
22. Critically evaluate the aftermath development of Stockholm Conference in India with special emphasis to
protection of climate change and the control of Environmental Pollution. Pg. 69

Part B
1. Environmental Pollution (or) Analyse in detail the provision provided in Indian Penal code in relation to
environment pollution and the punishments provided there to. Pg. 7

2. Coastal Zone Management (or) Analyse the major notifications relating to Coastal Zone Management.
(or) Costal Regulation Zone. (or) Write down the features of coastal zone regulations Pg. 43

3. Environmental Impact Assessment. (or) What is environment impact assessment? Is it mandatory? If
yes, explain with relevant provision Pg. 44

4. Explain the constitution of National Biodiversity Authority. (or) What is Biodiversity Authority and write
down the duties of central government in relation to safeguarding biodiversity. Pg. 57

5. Explain the Public Liability Insurance Act, 1991. (or) Explain the objectives and significance of Public
Liability Insurance Act, 1991. Pg. 33
6. Role of Panchayat in protecting environment. Net
7. 42nd Amendment to the constitution Pg. 5
8. National Environment Appellate Authority. Net
9. Sources of Water Pollution. Pg. 1
10. Sustainable development. Pg. 31
11. Write a short note on Bio-medical wastes (Management and Handling) Rules, 1998 and The Municipal
Solid Wastes (Management and Handling) Rules, 2000. Pg. 38
12. Examine the role of NGT on environmental protection. Pg. 27
13. Analyse the remedies for nuisance under Civil Procedure Code and Criminal Procedure Code. Pg. 8

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14. Make a note on the different kinds of pollution. Pg. 1
15. Rule of Locus standi. Net
16. Hazardous waste. Pg. 35
17. National Parks. Pg. 49
18. Wild Life Protection Laws Pg. 46
19. Public Participation in Environmental decision. Net
20. Write short notes on these topics: (a) Disaster management. (b) Environment auditing. Pg. 41/Net
21. Can wild animals be hunted? If yes, then specify when can they be hunted by giving suitable examples
with the backing of provisions of law. Pg. 47
22. Write the key points specified in the following international conventions: (a) Convention on Bio-Diversity.
(b) Basel Convention. Pg. 61/66
23. Write a short note on these two principles: Public trust doctrine and Polluter pay principle. Pg. 33/32
24. Pen down the stages in Environment Clearance with help of case laws. Pg. 44
25. Write a short note on these two projects: (i) Project Tiger (ii) Project Elephant Pg. 58/59
26. Explain the principle of absolute liability Pg. 31
27. What are the Tort Law remedies available to an individual against polluter of environment? Pg. 10
28. Public Hearing Net
29. State the various provisions to protect the wild life through the Wild life Protection Act. Pg. 46
30. "Central Government can take such measures as it deems necessary for the purpose of improving quality
of air and water." Discuss. Pg.
31. Delineate Noise pollution. Enlighten how Indian judiciary has dealt with noise pollution problem. Pg. 19
32. Examine the power of the Central Government to take measures to protect and improve environment
under The Environment (Protection) Act, 1986. Pg. 22
33. Trace the significance of Rio-Summit'. Add a note on the implementation of Agenda-21. Pg. 71

Part C
1. Water Cess Act
2. Reserved Forest
3. Public Trust Doctrine*
4. Eco-Mark**
5. Green Benches
6. Environmental Auditing **
7. National Environmental Tribunal
8. Public Hearing Panel

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9. Citizen suit provision
10. National Biodiversity Authority
11. Animal Welfare Board
12. Wild life
13. Protected Forest
14. Intergenerational equity **
15. Water Pollutants
16. Role of social movement in 'Environment Management'
17. Rio-Declarations
18. Goa Foundation v. Konkan Railway Corporation
19. NEERI
20. Objectives of Water Act, 1974
21. Administrative Attempts to safeguard wild life
22. Acid Rain
23. Ecology.
24. Difference between noise & sound.
25. Closed area.
26. Global environment governance.
27. Ecological restoration.
28. Analyse role of NGOs in environment protection.
29. Define environment pollutants.
30. What is Greenhouse effect?
31. Write a note on Public Liability Insurance
32. Vellore Citizen Welfare Forum v UOI case analysis
33. What are the effects of pollution?
34. Explain the provisions of criminal law relating to the abetment of public nuisance.
35. Explain air pollution and functions of State Pollution Control Board under Air Act, 1981.
36. What is meant by Global Warming? How does it effect on environment?
37. State the rule laid down in T.N. Godavarman Tirumulkpad V. Union of India.
38. Write a short note on the Rules made under the Prevention of Cruelty to Animals Act, 1960.
39. Explain Stockholm Conference.
40. Make a note on Coastal Zone Management

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41. Explain the provisions of the Noise Pollution (Regulation and Control) Rules, 2000.
42. State the dictum in Indian Council for Enviro-legal action V. Union of India.
43. Comment on sustainable development. *
44. Define cruelty to Animals giving your own examples.
45. State the regulation on Bio-medical waste.
46. Mention the objectives of National Green Tribunal.
47. Examine the relevant provisions of Criminal Procedure Code 1973 for preventing pollution.
48. Mention the Ambient Air Quality standards specified under the Noise Pollution Rules.
49. Analyse the significance of BASEL Convention.
50. Explain the Prevention and control of Water Pollution.

Part D
1. . A religious group performed prayers using loud speakers and drums causing nuisance to the residents of
the locality. A welfare association made a complaint and filed a suit to prevent the group from practicing its
religious beliefs. Decide.
2. A woman activists lodged a complaint that a factory manufacturing glucose saline emitted smoke and ash
from the boiler causing atmospheric pollution and prayed for the removal of nuisance. Decide.
3. A private company built a club at the bank of River Beas by encroaching land including substantial forest
land which was later leased out to the company. This appeared in a Newspaper. The court took cognizance.
Decide.
4. In a Municipal area, there is no facility of lavatories. People relieve their lateral dirt on the banks of drains,
thereby an open drain is created. The drainage system is not proper and there is accumulation of water on
the main road especially during rainy season. A social Activist moved the magistrate u/s. 133 of Cr.P.C.
Decide.
5. In Chennai city, a site was allotted for a public park. Subsequently the same site was allotted for
construction of a hospital. The residents of the area approached the High Court of Madras for cancellation of
the permission for constructing the hospital. Decide.
6. An enterprise is engaged in the manufacture of hazardous activity. An accident took place in the operation
of such hazardous activity, for example in escape of toxic gas. Some members are seriously affected by the
accident. The enterprise took the place that the accident occurred due to the negligence of a third party.
Decide.
7. In a municipal area there is no facilities for lavatories. People relieve their lateral dirt on the banks of
drains, thereby an open drain is created. The drainage system is not proper and there is accumulation of
water on the main road especially during rainy season. A social Activist moved the magistrate u/s. 133 of
Cr.P.C. Decide.
8. In Chennai city, a site was allotted for a public park. Subsequently the same site was allotted for
construction of a hospital. The residents of the area approached the High Court of Madras for cancellation of
the permission for constructing the hospital. Decide.
9. An enterprise is engaged in the manufacture of hazardous activity. An accident took place in the operation
of such hazardous activity, for example in escape of toxic gas. Some members are seriously affected by the

80
accident. The enterprise took the place that the accident occurred due to the negligence of a third party.
Decide.
10. "Arihant colony" is located in Trichy and is occupied by more than 200 families. There is a church located
inside the colony which daily organizes prayers daily and on weekends they organize bigger masses and sing
devotional songs by using mike and loud speakers, which disturbed the activities of the families. When Mr.
Sekar, President of the Arihant colony association went and approached the father of church, he said Article
25 guarantee right to practice and profess religion. Mr. Sekar is aggrieved by this reply and decides to move
to court. Decide.
11. It was 2011 and the World cup cricket was on its peak. A group of college students daily use to turn on
the TV in their garden, which attracted a lot of their friends and they enjoyed the match daily. Mr. Praveen
who daily at around 6.00 pm goes for a walk found the noise coming from the TV and crowd annoying and
warned the students to turn off the TV, but the students refused, Mr. Praveen filed a case for noise pollution.
Decide the validity of the suit.
12. Mahesh Babu is a trader of exotic and rare memorabilia. He was caught by the wild life authorities for
selling ivory and was booked under the Wildlife Act. Mahesh Babu pleaded that the act would not apply to
him as he was trading with ivory of African Elephant which was not in any of the schedule specified under
the Wildlife Act. The trial court accepted his plea and acquitted him. The wildlife authorities went for an
appeal. Decide.
13. Mahesh & Co. were producers of thin metal sheets, where in they procure large metal bars and cut it,
hammer it and make them into thin metal sheets. This industry caused huge noise which was located near a
cricket ground. This caused disturbance to the players; hence they jointly filed a case to close down the
industry. Decide.
14. Gokul apartments is situated in Chennai having more than 50 flats, out of which some 8 flats were used
for commercial activities like, Xerox shops, Beauty parlour, small shops etc., this caused mutual agony for the
near-by dwellers. Hence, they moved to court challenging the shops and other establishments in a residential
area. Decide.
15. Bala Earth Movers had contracted with the TN Government to extract manganese from Kolli Hills. But due
to these mining the local tribal's access routes were cut and the world famous "Red sanders" tree fell in large
number. Hence led to depletion of natural resource and wild life. This was challenged by an NGO. The
question arose between development and environmental protection. Decide.
16. A State Government after long time of declaration of a sanctuary, reduced the area from 950 sq. km to
525 sq. km on the ground of economic development of the State. Discuss the problem with relevant case
laws.
17. A petition was filed by way of PIL in the Supreme Court alleging that the vehicular pollution in the city has
become enormous due to increasing number of petrol and diesel driven vehicles. Discuss the situation in the
light of decided cases.
18. A person has built a brick grinding machine in front of the consulting chamber of a doctor. The machine is
generating dust and noise, causing inconvenience to doctor and his patients. What are the remedies available
to the doctor for this nuisance?
19. Mohan had set up an electric fence unauthorisedly on his agricultural land to prevent the encroachment
of wild animals. An elephant died as a result of electric shock on the said field. Examine the liability of Mr.
Mohan.
20. A factory in a particular locality is polluting the environment of the locality by the emission of smoke and
other effluents. The people of the locality want to take effective remedial measures to protect the locality

81
and its in-habitants from the hazardous emission of smoke and other poisonous effluents. Discuss the
remedies available to the people.
21. A multinational company was prosecuted for leakage of poisonous gas which was the cause of death,
disablement and disease of thousands of workers and others in the vicinity of the factory owned by the
company. Comment.
22. The right of people to live in healthy environment with minimal disturbance to ecological balance shall be
safeguarded. The Supreme Court evolved a new right to environment- right of people to live in a healthy
environment it did not mention or discuss the source of right. Justify the statement with decided case.
23. The public trust is more than an affirmation of state power to use public property for public purposes. It
is an affirmation of the duty of the state to protect the people's common heritage of streams, lakes,
marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of
that right is consistent with the purposes of the Trust. Discuss the statement with relevant case law in the
midst of cogent reasons.
24. The polluting industries are absolutely liable to compensate for the harm caused by them to the villagers
in the affected area, to the soil and to the underground water and hence they’re bound to take all necessary
measures to remove sludge and other pollutants lying in the affected areas. Substantiate the statement with
decided cases.

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