Environment Protection: Ms. Urvi Shah Assistant Professor Unitedworld School of Law

Environment Protection
Ms. Urvi Shah

Assistant Professor
Unitedworld School of Law
Overview
Definition
of Environment
Definition of Environment
Pollution
Concept of Sustainable
Development
Laws relating to Environment
Protection
Environment [Sec 2(a)]

Environment
includes water, air,

land, human beings, other living
creatures, plants, microorganisms
and property.
It
also includes light, food, heat,

breeze and all other forces of nature
forming essential necessities of life.
All
surroundings
Environment.
constitute
Environment Pollution
Environment
Pollution means the

presence in the Environment of
any Environment Pollutant.
Environment Pollutant means any
solid, liquid or gaseous substance
present in such concentration as
may be or tend to be, injurious to
the environment.
Legislations For Environment

Protection
The
Water
(Prevention
of
Pollution) Act, 1974
The Air (Prevention and Control of
Pollution) Act, 1981
The Environment Protection Act,
1986 is an umbrella legislation for
protection of Environment.
Concept of Sustainable
Development
United
Nations
Brundtland
Commissions Report on Our Common
Future in 1987 first time presented the
concept of Sustainable Development.
Sustainable
development means
development which meets the
needs of the present generations
without compromising the ability
of future generations to meet their
own needs.
Constitutional Provisions relating to

Environment (42nd Constitutional
Amendment)
Article
48-A
The State shall endeavour to protect and

improve the environment and to safeguard the
forests and wildlife of the country.
Article
51-A(g)
It shall be the duty of every citizen of India to

protect and improve the natural environment
including forests, lakes, rivers and wildlife
and to have compassion for living creatures.
Extension of Article 21
Article21
No person shall be deprived of his life or

personal liberty except according to
procedure established by law.
Wide
interpretation- the right to life

includes the right to a living environment
congenial to human existence.
Subhas
Kumar V. State of Bihar (AIR

1991 SC 420)
Right to environment is a fundamental
right of every citizen of India and is
included
in
the
right
to
life
Indian Council of Enviro-Legal Action

v. Union of India (1996) 3 SCC 212
Facts
of the Case:
In village Bichari in Udaipur district,
the Industrial complex had developed
and various chemical industries were
set up.
Industries were producing chemicals
like Oleum and single phosphate.
They
had not obtained industrial
licenses
and
no
equipment
for
treatment of toxic effluents discharged
by them.
In this case Supreme court laid

down the Polluters Pay Principle
The
polluter pays principle is an

extension of the principle of
absolute liability.
The
principle of absolute liability

is invoked regardless of whether
or not the person took reasonable
care and it makes him liable to
compensate those who suffered on
account
of
his
inherently
dangerous activity.
Polluters Pay Principle

(Contd)
The
polluter pays principle extends the

liability of the polluter to the costs of
repairing the damage to the environment.
The polluter pays principle broadens the
ambit of the principle of absolute
liability.
The importance of this principle is that
the damage to the environment may be
remedied and this is extremely essential
to sustainable development. "The polluter
is liable to pay the cost to the individual
sufferers as well as the cost of reversing
the damaged ecology.
Precautionary Principle
Rio
Declaration Agenda 21
The precautionary principle requires that, if
there is a strong suspicion that a certain
activity may have environmentally harmful
consequences, it is better to control that
activity now rather than to wait for
incontrovertible scientific evidence.
Based
on
the
principle
that
Precaution/Prevention is better than cure.
Principle of Absolute
Liability
The
Principle of Absolute
Liability was laid down in
these two cases:
M.C. Mehta vs. Union of India
(Shreeram Food Fertilizer
Case)
Bhopal Gas Leak disaster
case
Corporate Social
Responsibility
CSR
or sustainability means not

just obeying the law.
It is not just obeying the law
It implies serious business where
organizations have to be seen as
partners in their communities and
not
just
as
profit
centers,
promoting the interest of their
shareholders but as businesses
having obligation towards various
stake holders.
Environment Impact
Assessment
EIA
is an exercise to be
carried out before any project
or
major
activity
is
undertaken to ensure that it
will not in any way harm the
environment on a short term
or long term basis.
Detailed assessment of the
effect
of
the
proposed
development
on
the
environment.
Thank You

Environment Protection: Ms. Urvi Shah Assistant Professor Unitedworld School of Law

Uploaded by

Copyright:

Available Formats

Environment Protection: Ms. Urvi Shah Assistant Professor Unitedworld School of Law

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Environment Protection: Ms. Urvi Shah Assistant Professor Unitedworld School of Law

Uploaded by

Copyright:

Available Formats

Environment Protection

Ms. Urvi Shah

Environment [Sec 2(a)]

includes water, air,

also includes light, food, heat,

Pollution means the

Legislations For Environment

Constitutional Provisions relating to

The State shall endeavour to protect and

It shall be the duty of every citizen of India to

No person shall be deprived of his life or

interpretation- the right to life

Kumar V. State of Bihar (AIR

Indian Council of Enviro-Legal Action

In this case Supreme court laid

polluter pays principle is an

principle of absolute liability

Polluters Pay Principle

polluter pays principle extends the

or sustainability means not

You might also like