Environmental Law and Policy

Index

1.) Introduction
2.) Aims and Objective
3.) Course outcome
4.) Teaching Methodology
5.) Course Outline
a. Module I- International Environmental Law
b. Module II- Introduction to Environmental Law and Policy in
India
c. Module III- Pollution Laws in India
d. Module IV- Forest, Wildlife, and Biodiversity
e. Module V- Coastal Regulations, Wetlands and Environmental
Impact Assessment
f. Module VI- Waste Management Law and Policy in India
g. Module VII- Disaster Management Law and Policy
h. Module VIII- Role of Judicial forums in the development of
Environmental Law in India.
i. Module IX - Contemporary Enviro- legal issues
 Environmental Law and Policy

1.) Introduction:-

“Environment” as a legal subject has gained considerable traction in the last few decades. In
the modern era there are numerous challenges at the global as well as local level such as
Climate change, loss of biodiversity, air pollution, scarcity and pollution of water, floods,
unprecedented rainfall variations, waste management etc.

At the global level, United Nations and other International organizations (including NGO’s)
have been working tirelessly in order to promote environmental protection and conservation.
Such perseverance towards protection of environment has certainly showed true potential as
firstly several important principles concerning our environment (such as polluter pays,
common but differentiated responsibilities, precautionary principle, inter as well as intra
generational equity etc.) have been adopted at the International level; secondly, numerous
Multilateral Environment Agreements (MEA’s) dealing with diverse issues pertaining to
environment have been negotiated and adopted in the global arena. Such principles and
MEA’s have long since served as an important hallmark in the development and efficiency of
Law to deal with environmental crisis at the International and domestic level.

As per the Environment (protection) Act, 1986, the term “Environment” is defined as that
which ‘includes water, air and land and the inter-relationship which exists amongst and
between water, air and land and human beings, other living creatures, plants, micro-
organisms and property.’ Environmental Law, thus, encompasses a wide spectrum of
different forms of ‘life’ and its inter-play with the natural conditions and surroundings. It has
within its purview control and correction of environmental pollution. Environmental
pollution, a negative fallout of rapid industrialisation, urbanisation, and now globalisation, is
sought to be protected in a proactive manner through preventive measures and in case of
damage to be compensated through remedial measures.

The Forty Second Amendment Act to the Constitution of India had introduced certain
ground-breaking provisions relating to environment. It incorporated Article 48A that directed
the State to endeavour to protect and improve the environment and to safeguard the forest and
wildlife of the country. Further, a duty was incorporated through Article 51 (g) that obligated
the citizens of India to protect the environment.
 Environmental Law and Policy

The legislative distribution of different components of environment between the Union, State
& Concurrent Lists is in accordance with their relative appropriateness to the issue at hand.
For instance, water, land, fisheries within state territory comes under the State list. Atomic
energy, oilfields and resources find mention in the Union list. Nomadic tribes, forest, wildlife
are in the Concurrent list.

A prolific span of statutory enactments has been put in place by the Parliament after the
landmark Stockholm Conference in 1972. The Water (Prevention & Control of Pollution) Act
1974, Air (Prevention and Control of Pollution) Act 1981 and Environment Protection Act
1986 were some of the prominent legislations promulgated by Parliament at different points
in time.

The evolution of laws in relation to environment progressed to taking into account current
issues and challenges that have increasingly emerged as part of modern-day developments.
For instance, Hazardous and other wastes (Management and Transboundary Movement)
Rules 2016, The Bio-Medical Waste Management Rules 2016, The Plastic Waste
Management Rules 2016, The E-waste (Management and Handling) Rules 2016 etc.

Another important aspect regarding the protection of environment has been the role of
Judicial forums. Indian judiciary has assumed the pro-active role of public educator1, policy
maker2, administrator3. In recent years, National Green Tribunal has also played an important
role in shaping the environmental policy in India.4

1
M.C Mehta v. Union of India AIR 1992 SC 382(court directions to broadcast and telecast ecology programmes
on the electronic media and include environmental study in school and college curriculum)
2
S. Jagannath v. Union of India AIR 1997 SC 811(directions prohibiting non-traditional aquaculture along the
coast): M.C Mehta v. Union of India AIR 1996 (2) SCALE 92 (court directions for the introduction of unleaded
petrol vehicles)
3
T.N Godavarman Thirumulkpad v. Union of India AIR 1997 SC 1228 (judicial supervision over the
implementation of national forest laws): M.C Mehta v. Union of India 1992(Supp.2) SCC 633 (directions in the
Ganga Pollution Case to riparian industries, tanneries and distilleries regarding abatement of pollution)
4
See,
 Aryavart Foundation Versus M/s Vapi Green Enviro Ltd. &Ors. (Original Application No. 95/2018);
 News item published in "The Times of India" Authored by Shri Vishwa Mohan Titled "NCAP with
multiple timelines to clean air in 102 cities to be released around August 15"(Original Application No.
681/2018);
 Westend Green Farms Society Versus Union of India & Ors. (Original Application No. 400/2017);
 News item published in “The Asian Age” Authored by Sanjay Kaw Titled “CPCB to rank industrial units
on pollution levels” (Original Application No. 1038/2018)
 Compliance of Municipal Solid Waste Management Rules, 2016 (OA 606/2018)
 Environmental Law and Policy

Keeping in mind the above scenario, the present course endeavors to enhance the knowledge
of students with respect to some of the key and emerging areas of environmental law and
policy at the national and international level.

2.) Aims and Objective:

The present course has been designed in view of following aims and objective:
 To outline the development of Environmental Law in the International arena
as well as in India.
 Identifying basic principles of International Environmental Law and their
application in India.
 Outlining national legal systems responsible for the establishment and
development of such principles.
 Analysing the efficacy of national environmental law in dealing with
environmental problems at the local level.
 Critically analysing the role of judicial forums in the development of
Environmental Law in India.
 Analysing contemporary issues pertaining environment locally.
3.) Course Outcome:

The present course shall provide the students with a thorough understanding of legal and
policy features of environmental law in India. It shall also impart practical understanding of
important strategies required for dealing with various environmental issues such as waste
management, water conservation etc. The intention is to equip the students with requisite
knowledge and practical inputs essential to initiate sustainable living as well as helping them
to forge their careers in the field of environmental law and policy.

4.) Teaching Methodology:

Students are introduced to the relevant material such as Conventions, Declarations, Reports,
Cases etc. pertaining to the thematic modules. The class discussion method is followed with
students encouraged to interact and share their understanding on the topics through group
discussions, where possible.
 Environmental Law and Policy

5.) Course Outline:

a) Module I- International Environmental Law-

International environmental law is a comparatively new branch of international law. It has

expanded dramatically over the years particularly since the United Nations Conference on the
Human Environment, 1972. The development of international environmental law has
produced mixed results. While some treaty regimes have been effective in producing the
desired results (e.g., Vienna Convention on Protection of the Ozone Layer, 1985), some other
regimes are struggling to produce results (e.g., United Nations Framework Convention on
Climate Change, 1992).

This module provides an overview of the development of international environmental law

and briefly introduces its sources and important underlying principles such as the concept of
sustainable development, precautionary principle and polluter pays principle etc.

An in-depth analysis of the substantive aspects of international environmental law is not an

objective of this module. It explains the sources of international environmental law, important
principles and narrates the development of international environmental law in its historical
context. It also highlights the expansion of international environmental law, and the role
played by important international conferences on the environment in this process.

Additional Readings:

 Galizzi, Paolo. “From Stockholm to New York, via Rio and Johannesburg: Has the
Environment Lost its Way on the Global Agenda?” Fordham International Law
Journal 29, no. 5 (2005): 952.

 Principles and concepts of International Environmental Law, Part I,

https://globalpact.informea.org/sites/default/files/documents/Book%20%E2%80%93
%20Principles%20and%20concepts%20of%20international%20environmental%20la
w%20%28Part%201%29.pdf

 Principles and concepts of International Environmental Law, Part II,

https://globalpact.informea.org/sites/default/files/documents/Book%20%E2%80%93
 Environmental Law and Policy

%20Principles%20and%20concepts%20of%20international%20environmental%20la
w%20%28Part%202%29.pdf

b) Module II- Introduction to Environmental Law and Policy in India

The present module will provide a comprehensive introduction to environmental law and
policy in India. It will delve into three major aspects mainly: Historical development of
Environmental Law in India; Constitutional provisions pertaining to environmental Law in
India and thirdly legislative and statutory provisions.

The objective of the present module is to provide a brief introduction to Environmental Law
and Policy in India. It shall cover all the major legislations pertaining to environmental law in
India.

Additional Reading:

 Green Growth and Sustainable Development in India,

https://www.teriin.org/projects/green/pdf/National_SPM.pdf
 The legal and regulatory framework for environmental protection in India,
http://www.envfor.nic.in/divisions/ic/wssd/doc2/ch2.html
 Environmental law and practice in India: overview,
https://uk.practicallaw.thomsonreuters.com/0-503-
2029?transitionType=Default&contextData=(sc.Default)&firstPage=true

c) Module III- Pollution Laws in India

There are two principal legislations in India dealing with the issue of pollution namely Air
(prevention and control of pollution) Act and Water (prevention and control of pollution) Act
as well several other policy measures. Air pollution refers to the presence of a pollutant in the
air or the atmosphere. Its sources include inefficient burning of inferior fuels, vehicles,
industries, power plants, mining activities, construction activities, firecrackers, crop burning
etc. There is an urgent need to regulate air pollution in India as recent CPCB data shows that
several cities in India have dangerously high levels of air pollutants, which have a serious
impact on human health. Yale Environmental Performance Index has ranked India 174 out of
178 countries on air pollution.
 Environmental Law and Policy

On the other hand, Water is considered to be a very precious resource possessed by any
country. It is a very serious problem in India where 70 per cent of the sources of surface
water, such as rivers and lakes, are polluted and further there is an alarming increase in
groundwater pollution as well. In light of the fact that surface water and groundwater are the
major sources of water supply for different uses, their pollution creates a situation where even
if water is available in sufficient quantity still there is water scarcity due to quality concerns.

The present module will provide the students with an overview of the different components
of the legal and policy framework relating to water and air pollution in India, which includes
constitutional provisions, legislations, policies and judicial decisions.

Additional Reading:

 Greenspan Bell, Ruth, et al. “Clearing the Air: How Delhi Broke the Logjam
on Air Quality Reforms.” Environment 46, no. 3 (2004): 24-39, available at
http://www.indiaenvironmentportal.org.in/files/Clearing%20the%20air.pdf.
 Greenstone, Michael et al, “Lower Pollution, Longer Lives: Life Expectancy
Gains if India Reduced Particulate Matter Pollution.” Economic and Political
Weekly 50, no. 8 (2015): 40-46, available at
http://www.epw.in/system/files/SA_L_8_210215_Michael_Greenstone_0.pdf.
 Rosencranz, Armin and Jackson, Michael. “The Delhi Pollution Case: The
Supreme Court of India and the Limits of Judicial Power.” Columbia Journal
of Environmental Law 28 (2003): 223-254.
 Ministry of Environment and Forests, Government of India’s webpage on the
regulatory framework relating to Water Pollution:
http://envfor.nic.in/division/water-pollution.
 Murty, MN and Surender Kumar. “Water Pollution in India – An Economic
Appraisal.” in India Infrastructure Report 2011. New Delhi: Oxford University
Press, 2011. p.285-298. http://www.idfc.com/pdf/report/2011/Chp-19-Water-
Pollution-in-India-An-Economic-Appraisal.pdf.
 Sahu, Geetanjoy. “Implementation of Environmental Judgments in Context: A
Comparative Analysis of Dahanu Thermal Power Plant Pollution Case in
Maharashtra and Vellore Leather Industrial Pollution Case in Tamil Nadu.”
 Environmental Law and Policy

Law Environment and Development Journal 6, no.3 (2010): 335.

http://www.lead-journal.org/content/10335.pdf.

d) Module IV- Forest, Wildlife and Biodiversity

Forests play crucial role in the economic development of India. Forest is one of the major
sources of raw materials for industries. Forests are also the key centres of mining activities.
In addition to the economic relevance of forests, their ecological relevance includes the fact
that they provide shelter for wildlife and play crucial roles in maintaining the balance of
ecosystem. They are also the part and parcel of lives and livelihoods of indigenous peoples
and forest dwellers who are dependent on forest for fuel, food and fodder. There is a direct
correlation of forest conservation and wildlife protection.

Unfortunately, wildlife in India is threatened, most significantly, by human actions or

environmental degradation induced by human actions. Many species are on the verge of
extinction. Illegal wildlife trade has emerged as a form of organised transnational crime
leading to extinction of many species. Other emerging and relatively poorly understood
challenges to wildlife conservation include the impacts of invasive alien species and climate
change (MoEF, 2011: 17). The Supreme Court of India has observed that ‘the largest single
factor in the depletion of the wealth of animal life in nature has been the ‘civilized man’
operating directly through excessive commercial hunting or, more disastrously, indirectly
through invading or destroying natural habitats’ (see State of Bihar v. Murad Ali Khan, AIR
1989 SC 1). Human-wildlife conflict is a major concern not just for animals, but for humans
as well given the rise in zoonotic diseases like coronavirus, SARS etc among humans.

By the end of this module, students will have a keen understanding on the legal and policy
regime in India pertaining to forests, wildlife and biodiversity including its historical
evolution, present scenario and key areas of concern.

Additional Reading:

 Bose, Purabi and others. “Forest Governmentality’: A Genealogy of Subject-making

of Forest-dependent ‘Scheduled Tribes’ in India.” Land Use Policy 29 (2012): 664-
673.
 Environmental Law and Policy

 Rosencranz, Armin and Sharachchandra Lélé. “Supreme Court and India’s Forests.”
Economic and Political Weekly 43, no.5 (2008): 11-14.

 Das, Chhanda. A Treatise on Wildlife Conservation in India. New Delhi: Daya Books,
2007.

 MoEF. Report of the Working Group on Wildlife Ecotourism and Animal Welfare.
New Delhi: Ministry of Environment & Forests, 2011.

 Dutta, Ritwick. Commentaries on Wildlife Law: Cases, Statutes and Notifications.

New Delhi: Wildlife Trust of India, 2007.

e) Module V: Coastal Regulations, Wetlands and Environment Impact Assessment

Coastal areas are critical centers of human activity, due to their high biological productivity
and easy accessibility; currently, about half of the human population resides within 100 km of
the coastline, which forms just 8% of the total land area of earth.5 Coastal ecosystems support
great biological diversity, contribute to 20% of the world’s primary production6 and provide
critical environmental services. Various coastal ecosystems provide a wide range of goods
and services by providing food, medicine and construction materials to local communities;
hosting important ports of commerce; supporting various industries, including petroleum and
related industries. In order to minimize the damage to such an important ecosystem, India has
established certain checks and balances including the Coastal Regulation Zone notifications.

Wetland is transitional land between terrestrial and aquatic eco-systems where water table is
usually at or near surface or it may be land covered by shallow water. It supports rich
biodiversity and provides wide range of ecosystem services such as water storage, water
purification, flood mitigation, erosion control, aquifer recharge etc. There are 115 wetlands
officially identified by Central Government and of those 26 are identified as wetlands of
international importance under Ramsar Convention.

The primary aim of EIA procedures is to gauge the potential environmental impact of an
economic project so as to allow for measures to minimize that impact. The methodology
5
Primavera, J.H. (2006), “Overcoming the impacts of aquaculture on the coastal zone”, Ocean & Coastal
Management 49; pp 531–545
6
Mohanty, P.K. et al (2008), “Monitoring and Management of Environmental Changes along the Orissa Coast,”
Journal of Coastal Research, 24 (2B), pp 13-27
 Environmental Law and Policy

adopted is that of self-assessment by the project proponent followed by review and project
approval by the regulators. In India EIA notification was issued for the first time in 1994,
since then there have been several changes in the regulatory structure of EIA in India. EIA
reflects the constant struggle to balance economic development with ecological integrity in
the context of a developing country. The Courts have developed a rich jurisprudence thereby
considerably deepening and widening the EIA process.

This module aims at discussing the legal measures for the management, protection and
conservation of coastal areas and wetlands in India. This would help students to understand
the relevance of protection of coastal areas and the law governing the same, especially for a
country with a 7,500-km long coastline, with considerable pressure on its natural resources
from an ever-growing human population. The module will also discuss the provisions of law
regarding the development and key areas of Environmental Impact Assessment in India.

Additional Readings:

 Mohanty, P.K. et al (2008), “Monitoring and Management of Environmental Changes

along the Orissa Coast,” Journal of Coastal Research, 24 (2B), pp 13-27
 Coastal Regulation Zone Notification: What development are we clearing our coasts
for, https://www.downtoearth.org.in/coverage/governance/coastal-regulation-zone-
notification-what-development-are-we-clearing-our-coasts-for-63061
 Demystifying the Environmental Clearance Process in India, Shibani Ghosh

f) Module VI: Waste Management Law and Policy-

The issue of waste management has become a serious concern at the global level. Rapid
economic growth and ever-increasing population have led to a drastic increase in the amount
of waste generated annually. Worldwide more than 1.3 Billion tonnes of municipal solid
waste is generated every year and this figure is expected to double by 2025. This enormous
amount of waste is already exerting pressure on the ecosystem at the global level. Developing
countries like India are even more prone to the detrimental impact of waste due to lack of
technology, economic constraints and several development projects already burdening the
ecosystem. Further, an important part of waste management that is often overlooked is the
business of ship breaking which is wrought with hazardous working conditions,
environmental pollution and unsustainable recycling practices.
 Environmental Law and Policy

The present module is designed to critically analyse the rules, regulations and policy
initiatives taken by the Indian government regarding specific issues pertaining to waste
management especially Municipal Solid Waste, Bio-medical waste, e-waste and Hazardous
waste management and the ship breaking industry in India.

Additional Readings.

 Pelsy, Florent. “The Blue Lady Case and the International Issue of Ship Dismantling.”
Law, Environment and Development Journal 4, no.2 (2008): 135.

 Salient Features of SOLID WASTE MANAGEMENT RULES, 2016,

https://cpcb.nic.in/uploads/MSW/Salient_features_SWM_Rules.pdf

 Solid Waste Management in Urban India: Imperatives for Improvement,

https://www.orfonline.org/research/solid-waste-management-in-urban-india-
imperatives-for-improvement-77129/

g) Module VII: Disaster Management Law and Policy

In the modern times, disaster risk management has emerged as an important aspect of
environmental law and policy. At the global level there is growing consensus that
International environmental law plays an important role in disaster risk management. Climate
change, land use changes, increasing human- wildlife conflict, industrial development,
degradation of natural resources, exacerbate natural and man-made disasters on a
monumental scale.
There are several kinds of disasters such as industrial disasters (Bhopal Gas leak case),
natural disasters (floods, forest fires etc), Public health disasters (Corona virus pandemic) etc.
In the present module, the primary focus shall be on the law and policy development
pertaining to disaster risk reduction in India with special focus on the analysis of legal
responses to Industrial disasters and public health disasters.

Additional Readings:
 Ramanathan, Usha. “Communities at Risk: Industrial Risk in Indian Law.” Economic
and Political Weekly 39, no.41 (2004): 4521-4527.
 Sinha, Manoj Kumar. “The Bhopal Gas Leak Disaster Case: Union Carbide
Corporation etc v Union of India etc.” Asia Pac. L. Rev. 1 (1992): 118-125.
 Environmental Law and Policy

 Disaster Risk Reduction in India, Status Report 2020, United Nations Office on
Disaster Risk Reduction, https://www.undrr.org/publication/disaster-risk-reduction-
india-status-report-2020

h) Module VIII: Role of judicial forums in the development of Environmental Law in

India

In order to understand the practical aspects of Environmental law, it is important to have a

thorough understanding of the Jurisprudence developed by Judicial and Quasi-judicial bodies.
Courts have played an important role in the development of Environmental Law in India.
They have employed various methods like encouraging Public Interest Litigations,
implementing the principles of Sustainable Development and widening the scope of
Constitutional provisions by liberal interpretation in order to protect and preserve the
Environment. Thus, the aim of the present module is to enhance the knowledge regarding the
implementation of laws and principles used by Indian courts namely the Hon’ble Supreme
Court of India and National Green Tribunal.

Additional Readings:

 Environmental Justice in India: The National Green Tribunal and Expert Members,
Geetanjali Nain Gill, https://www.cambridge.org/core/journals/transnational-
environmental-law/article/environmental-justice-in-india-the-national-green-tribunal-
and-expert-members/2E26B50742FFB8BB743557132DC7DD66
 Implications Of Indian Supreme Court’s Innovations For Environmental
Jurisprudence, Geetanjoy Sahu, http://www.lead-journal.org/content/08001.pdf

i) Module IX: Contemporary Enviro- legal issues in India

The present module deals with some of the important contemporary environmental problems
of India. The aim of the present module is to provide an insight into emerging enviro- legal
issues such as groundwater depletion, mining, forest fires, conservation of lakes and water
bodies etc. Topics covered in the present module shall depend on the interest of students.
Every topic chosen by students shall be comprehensively dealt with in view of judicial
pronouncements, legislative and regulatory framework.