111 Environmental Law

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LL.B. Semester ll
111 - ENVIRONMENTAL LAW
(Including laws for Protection of wild life and other living creatures including
animal welfare)
Source : Internet. Dedicated to students of the subject.

22-Apr-2016. Version-1.4. Compiled by ketan.bhatt@iitbombay.org for his
personal use.
Gujarat University Syllabus is in BOLD text. References to questions listed
herein below, are to such questions which were asked in Gujarat University
examinations.
CONTENTS
Module-1) Environment & Environmental Pollution
Module-2) Environment Protection : International Scenario &

Constitutional Remedies
Module-3) Legislations for the protection of Environment
Module-4) Miscellaneous
SYLLABUS
Module-1) Environment & Environmental Pollution :
1..1) Environment : Meaning, Types: Natural & Man-made

Environment
1..2) Eco System, Balance of Ecology
1..3) Environmental Pollution : Meaning, causes, Factors &
Effects of Environmental Pollution
1..4) Types of Environmental Pollution : Air, Water and Noise
Pollution
Module-1 QUESTIONS :
Q : Explain : Environment and types of Environment : Natural & Man-made
Environment
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Q : 2012 : Explain the word Environment with special reference to

ecology, ecosystem and biosphere
Q : 2013, 4, 5 : Explain the term ecology, eco-system and biosphere.
Q : 2013, 4, 5 : Discuss the concept of balance in ecology.
Q : What is environmental pollution? What are the types of environmental
pollution? What are the factors responsible for environmental pollution?
Q : 2012, 3, 4 : Explain the meaning, causes, effects and important
factors of pollution
Q : 2015 : Write note : Environmental pollutant
Q : 2015 : Write note : air pollutant
Q : Write note : water pollution
Q : 2015 : Write note : noise pollution
Go To Contents
Module-1 ANSWERS :
https://saferenvironment.wordpress.com/2009/09/01/environmental-
pollution-problems-and-control-measures-%E2%80%93-overview/
http://www.tropical-rainforest-animals.com/causes-of-pollution.html
Q : Explain : Environment and types of Environment : Natural & Man-

made Environment
Q : 2012 : Explain the word Environment with special reference to
ecology, ecosystem and biosphere
Q : 2013, 4, 5 : Explain the term ecology, eco-system and
biosphere.
Ans :
WHAT is Environment : PROBABLY earth is the only planet in the
universe which has life. In simple terms,
Environment is the sum total of water, air and land and the
interrelationships that exist among them with human beings,
other living organisms and materials.
Environment is the sum total of all physical matters and

living organisms on/under/over the crust of earth (5-10km of
earth surface) and their interrelationships.
The Honourable Supreme Court quote, Environment is a difficult

word to define. Environment is a polycentric and multifaceted
problem affecting the human existence".
Today protection of environment is a global issue as it concerns all
countries irrespective of their size, stage or development or
ideology. Today, the interaction between society and nature is so
extensive that the question of environment has assumed large
proportions, affecting humanity at large.
Types of Environment : Broadly speaking, environments are of two

types,
(i) natural and
(ii) man-made
1. Natural Environment :
The natural environment encompasses all living and non-

living things occurring naturally on earth. These include
oceans/ mountains/ plains, water, air, sunlight, all
vegetations, all creatures (animals, birds, fish), etc and
interactions between all of them.
All ingredients of environment are responsible in sustaining
and nurturing life on the earth. Living things do not simply
exist in their environment, but they also constantly interact
with it. Organisms change in response to conditions in their
environment. In the environment there are interactions
between plants, animals, soil, water, temperature, light, and
other living and non-living things.
It is the natural environment on earth which is the reason
why life exists, sustains, and flourishes on the earth.
However, the environment is constantly changing and this
affects life on earth. So we must be extremely concerned
about natural environment and maintaining its balance.
2. Man-made Environment :
Man Made Environment comprises of the environment, which

has been created/ altered by man himself for the purpose of
full-filling his needs and in order to make his life more
convenient and easy.
Human habitats, irrigation projects, power generation
projects, agricultural activities, industrial projects, economic
activities, leisure activities of human population are the main
ingredients of man-made environment.
Before advancement of science and technology and before
industrialization, man-made environment followed principles
dictated by the natural environment without damaging it.
However, since industrialization, human activities are
harming and degrading the natural environment. Some of the
human activities fundamentally alter the natural
environment/ ecosystem, thereby causing lasting and
irreversible damage to the natural environment. Power of the
technology and science has enabled the man to exploit the
environment for selfish and indiscriminate exploitation
thereby severely degrading the environment.
The some of the human activities and man-made
environment that adversely affect the natural environment
are :
1. Deforestation
2. Global warming and depletion of ozone layer
3. Depletion of oil and gas reserves and natural resources
like minerals.
4. Depletion of water under surface of earth
5. Growth of population
6. Rapid urbanization
7. Extinction of some species, Loss of biodiversity
8. Air pollution (greenhouse gases),
9. Water pollution
10. nuclear disasters (1979 Three Mile Island, 1986

Chernobyl, 2011 Fukushima Daiichi)
11. use of nuclear devices during WW-II
12. Chemical plant accidents (1984 Bhopal Gas disaster,
1986 Shriram Foods)
13. Dam bursts (1979 Machchhu Dam disaster of Morbi,
Gujarat)
Ecology :
The term Ecology was first proposed by Earnst Haeckel

(1869), a German Biologist. It is derived from Greek words,
'oikos' meaning the dwelling place or home and 'logos'
meaning the discourse or study;
Formally, ecology' may be defined as the scientific study of
the relationship of living organisms with each other and with
their environment.
Ecology is an interdisciplinary field that includes biology,

geography and Earth science.
Topics of interest to ecologists include the diversity,
distribution, amount (biomass), and number (population) of
particular organisms, as well as cooperation and competition
between various organisms, both within and among
ecosystems.
It is important to note that Ecology is not synonymous with
environment.
Ecology is the study of interactions between living organisms

(biotic part) and their non-living environment (abiotic
factors)
the living or "biotic" component which includes all types of
living organisms, both plants, animals, fungi,
microorganisms, etc, and
the non-living or "abiotic" component which includes all
non-living materials (soil, water, air, atmospheric gases,
etc.) plus the forces of nature (sunlight, gravity, climate,

molecular energy, etc).
Living organisms (biotic factors) may be organized into

following hierarchical levels :
Organism (any single living thing)
Population (members of the same species living in one
place)
Community (all the populations living in an area)
Ecosystem (community living in a similar habitat such
as a forest)
Biomes (ecosystems covering wide areas & with
similar climates & organisms)
Biosphere ( all the living & nonliving things on
earth)
Ecosystem :
Ecosystem consists of two components, (a) Abiotic, and (b)

Biotic components, which are linked together through
nutrient cycles and energy flows.
(A) Abiotic components (Nonliving) : The abiotic component
can be grouped into following three categories:-
(i) Physical factors: Sun light, temperature, rainfall,
humidity and pressure. They sustain and limit the growth
of organisms in an ecosystem.
(ii) Inorganic substances: Carbon dioxide, nitrogen,
oxygen, phosphorus, sulphur, water, rock, soil and other
minerals.
(iii) Organic compounds: Carbohydrates, proteins, lipids
and humic substances. They are the building blocks of
living systems and therefore, make a link between the
biotic and abiotic components.
(B) Biotic components (Living) : The biotic component can be
grouped into following three categories:-
(i)Producers: The green plants manufacture food for the

entire ecosystem through the process of photosynthesis.
These include plants, algal, & some bacteria. Green plants
absorb water and nutrients from the soil, carbon dioxide
from the air, and capture solar energy for this process.
(ii) Consumers: Consumers can't make their own food.
They, directly or indirectly, consume food synthesized by
the producers. Based on food preferences consumers can
be grouped into three broad categories. Herbivores (e.g.
cow, deer and rabbit etc.) feed directly on plants,
carnivores are animals which eat other animals (eg. lion,
cat, dog etc.) and omnivores organisms feeding upon both
plants and animals e.g. human, pigs
(iii) Decomposers: These are mostly bacteria and fungi
that feed on dead decomposed and the dead organic
matter of plants and animals by secreting enzymes
outside their body on the decaying matter. They play a
very important role in recycling of nutrients.
Ecosystem can be of any size but usually encompass specific,

limited spaces (although some scientists say that the entire
planet is an ecosystem, which is probably true).
A pond is an example of a complete, closed and an
independent ecosystem. It works on solar energy and
maintains its biotic community in equilibrium. If you
collect a glass full of pond water or a scoop full of pond
bottom mud, it consists of a mixture of plants, animals,
inorganic and organic materials.
Food Chain : Food chains and energy flow are the functional
properties of ecosystems which make them dynamic. The
biotic and abiotic components of an ecosystem are linked
through food chain.
In food Chain, energy transfers,
from abiotic components to green plants
(producers)
from producers to consumers through a series of

"eating and being eaten"
from decomposers breaking down dead
producers+consumers in to abiotic components,
releasing them back in to the environment
e.g. soil+water+gases+sunlight ---> Grass --->
Grasshopper ---> Frog ---> Snake ---> Eagle --->
bactaria+fungi ---> soil+water+gases
Biosphere :
Earth is perhaps the only planet in the whole of universe that

supports life.
Biosphere is the global sum of all ecosystems on planet
earth, integrating all living beings and their relationships,
including their interaction with the elements of the
lithosphere (crust 5-10km surface of earth), hydrosphere
(water found over/under earth surface), and atmosphere.
Biosphere is a closed system (apart from solar and cosmic
radiation and heat from the interior of the Earth), and it is
largely self-regulating.
Biosphere is very huge. Sometimes, it is studied as a single
huge ecosystem. And often, it is divided into many distinct
functional units of smaller ecosystems.
Conclusion :
It is urgent need for human race to mend its ways. We must

stop making indiscriminate use of technology so as not to
damage natural environment. Otherwise, existence of life on
earth may become difficult.
Action related to environment needs to be done together by
governments of various countries as well as the United
Nations Organization, at a global level. Long term planning
and monitoring of actions of private corporations is also
required. People must be educated to live in harmony with
the natural environment rather than exploit it.
Human race, being intelligent, has special responsibility to

maintain and improve the balance in natural environment.
Go To Module-1 Questions
Q : 2013, 4, 5 : Discuss the concept of balance in ecology.

Ans :
Ecological balance or balance of nature :
Ecological balance is defined as "a state of dynamic equilibrium
within an ecosystem in which biotic and abiotic components remain
relatively stable, subject to gradual changes". Ecological balance is
a term describing how ecosystems are organized in a state of
stability where species coexist with other species and with their
environment.
The most important point being that the natural balance in an
ecosystem is maintained over a period. eg ecological balance may
be disturbed due to introduction of new species, or death of some
species, or natural hazards or man-made causes, etc. BUT over a
reasonable period of time, ecosystem regains the balance.
All components (biotic & abiotic) in an ecosystem have a role in
keeping the ecosystem running smoothly. For example, predators
keep the population of mice under control, insects pollinate flowers,
and worms decompose leaf litter. All species are important and help
keep the ecosystem balanced.
It is important to note that, even when, an ecosystem is balanced,

it does not mean that no changes ever occur. A windstorm might
roll through wiping out a swath of trees, a predator might be
overhunted, or a drought might reduce the availability of food
resources. These ecological changes are called disturbances. A
disturbance is any change that causes a disruption in the balance of
an ecosystem.
One can think of ecosystems like a house of cards, with each card
representing a species. Each card, or species, is necessary to keep
the tower (ecosystem) balanced. And removing one species can
cause a chain reaction felt throughout the entire ecosystem.
An ecosystem typically recovers back to a balanced state after a

disturbance occurs.
In the name of development, we remove trees and vegetation,

change how land is used. All these not only affect the soil ecology,
water table, etc, BUT severely disrupt ecological balance and ability
of ecosystem to regain its balance.
Traditional theory of ecological balance holds that ecosystems
typically correct themselves when small changes occur. For
instance, if a particular species becomes too plentiful, numbers of a
predator species may also increase temporarily to bring total
numbers back into balance.
However, in modern times as of 2014, most ecologists no longer
subscribe to the theory of ecological balance and instead feel that
small changes in one component of an ecosystem can result in
significant and permanent undesirable changes in the larger
ecosystem or even entire biosphere.
Q : What is environmental pollution? What are the types of environmental

pollution? What are the factors responsible for environmental pollution?
Q : 2012, 3, 4 : Explain the meaning, causes, effects and important
factors of pollution
Q : 2015 : Write note : Environmental pollutant
Q : 2015 : Write note : air pollutant
Q : Write note : water pollution
Q : 2015 : Write note : noise pollution
Ans :
What is environmental pollution? : The term pollution refers to
unfavorable alteration to our surroundings, wholly or largely as a
by-product of human action through direct and indirect effects of
changes in energy pattern, chemical and physical construction and
abundance of organisms. Thus, it is the addition of any foreign
material to water, air or soil, which may change immediately or
after some time, the natural properties of these basic constituents
further causing some unfavorable change by making them unfit and

injurious.
Industrialization, poverty, population-explosion, urbanization, over-
exploitation of resources, etc. are some of the factors which have
contributed to environmental deterioration.
Types of environmental pollution : Following 3 are the main types of

environmental pollution :
Water Pollution
Air Pollution
Noise Pollution
Apart from above 3 main types of pollution, following other
types of pollution are also cause of concern to our environment :
Land Pollution by chemicals
Solid Wastes Pollution
Food Pollution (Food Adulteration)
Thermal Pollution
Nuclear (Radioactive) Pollution
Space pollution (debris of man-made satellites)
Water Pollution : Water is one of the prime necessities of life. With

increasing number of people depend on this resource; water has
become a scarce commodity. Pollution makes even the limited
available water unfit for use.
Water is said to be polluted when there is any physical,
biological or chemical change in water quality that adversely
affects living organisms or makes water unsuitable for use.
Water pollution is the contamination of water bodies (e.g.
lakes, rivers, oceans, aquifers and groundwater). Water
pollution occurs when pollutants are discharged directly or
indirectly into water bodies without adequate treatment to
remove harmful compounds.
Sources of water pollution are mainly factories, power plants,

coal mines and oil wells situated either close to water source
or away from sources. They discharge pollutants directly or
indirectly into the water sources like river, lakes, water
streams etc.
Marine eco-systems and Agriculture are adversely affected
due to polluted water. Following are some of the harmful
effects of water pollution :
(a) Human beings become victims of various water borne
diseases, such as typhoid, cholera, dysentery, hepatitis,
jaundice, etc.
(b) The presence of acids/alkalies in water destroys the
microorganisms, thereby hindering the self-purification
process in the rivers or water bodies.
(c) The sewage waste in water bodies cause reduction of
dissolved oxygen.
(d) Poisonous industrial wastes present in water bodies
affect the fish population and deprives us of one of our
sources of food. It also kills other animals living in fresh
water.
(e) The quality of underground water is also affected due
to toxicity and pollutant content of surface water.
Air Pollution : Air is a mixture of various gases such as oxygen,

carbon dioxide, nitrogen. These are present in a particular ratio.
Whenever there is any imbalance in the ratio of these gases, we say
that air is polluted. Air pollution also occurs due to release of
chemical waste, particles, or biological materials into the
atmosphere.
Certain activities of human beings release several pollutants
in air, such as carbon monoxide (CO), sulfur dioxide (SO2),
hydrocarbons (HC), oxides of nitrogen (NOx), lead, arsenic,
asbestos, radioactive matter, and dust.
Major sources of air pollution are burning of fossil fuels, such
as coal and petroleum products, thermal power plants,
automobiles, industries. Due to progress in atomic energy
sector, there has been an increase in radioactivity in the

atmosphere. Mining activity also adds to air pollution.
Progress in agriculture due to use of fertilizers and
pesticides has also contributed towards air pollution.
Indiscriminate cutting of trees and clearing of forests has
led to increase in the amount of carbon dioxide in
atmosphere.
Gases discharged from refrigerators, air conditioners etc
are responsible for depletion of the Ozone layer.
Following are the harmful Effects of air pollution :

(a) It affects respiratory system of living organisms and
causes bronchitis, asthma, lung cancer, pneumonia etc.
Carbon monoxide (CO) emitted from motor vehicles and
cigarette smoke affects the central nervous system.
(b) Due to depletion of ozone layer, UV radiation reaches
the earth. UV radiation causes skin cancer, damage to
eyes and immune system.
(c) Acid rain is also a result of air pollution. This is caused
by presence of oxides of nitrogen and sulfur in the air.
These oxides dissolve in rain water to form nitric acid and
sulfuric acid respectively. Various monuments, buildings,
and statues are damaged due to corrosion by acid present
in the rain. The cumulative effect is the gradual
degradation of soil and a decline in forest and agricultural
productivity.
(d) Global warming is a consequence of green house effect
caused by increased level of carbon dioxide (CO2) and
methane (CH4) which trap the heat radiated from earth. This
leads to an increase in earths temperature.
Noise Pollution : Noise is any unwanted sound that disrupts

environmental equilibrium. Noise is measured in decibels.
Sources of noise pollution :
Major sources of noise are trains, motor vehicles,

aircrafts, fire-crackers, sirens, construction activities, loud
speakers
Another major sources of noise pollution are blasting,
heavy earth moving machines, drilling, crushing and coal
handling at mines and heavy industrial units.
High-intensity sonar effects of submarines are extremely
harmful for the marine environment.
According to a survey conducted by the National Physical
Laboratory, Delhi, Mumbai and Kolkata are amongst the
noisiest cities in the world. Noise pollution has harmful
effects on the environment, humans and animals. Some
adverse effects of noise pollution on human health are :
Chronic exposure to noise (over 80 decibels) may cause
noise-induced hearing loss or hearing impairment;
Rise in blood pressure;
Cardio-vascular health effects;
Sleep Disturbance
Increase in stress level; and
Decrease in efficiency and concentration
Noise pollution can also be a factor in workplace
accidents.
Noise pollution is excessively displeasing to humans, animals,
or we can say that machine-created environmental noise
disrupts the activity or balance of human or animal life. Poor
urban planning may give rise to noise pollution, by industrial
and residential buildings constructed side-by-side. To Avoid
Noise Pollution, the Government should do good urban
planning and ensure that industrial machines should be noise
proof, air ports must be away from residential area.
Major factors responsible for environmental pollution :
Following are the major factors responsible for environmental

pollution :
1. Population explosion
2. Deforestation
3. Power generation
4. Industrialization
5. Globalization
6. Poor policy management at government level
7. Priority of development over Environmental Protection
8. Urban Bias of Environmental Issues
1. Population explosion : Population growth is the one of the

fundamental pollution cause. With population numbers
literally exploding around the world, the demand for food and
other goods goes up. This demand is met by expanded
production and use of natural resources, which in turn leads
to higher levels of pollution.
2. Deforestation : Reduction in forest cover, for agriculture

and timber, has severly dented the ecological balance. People
often do not realize that agriculture & timber production are
significant source of pollution. Livestock farming uses vast
amounts of resources and produces a lot of waste. Harmful
fertilizers are widely used in agriculture. Such chemicals
affect negatively the wider environment as well as human
health. Timber production is a major cause of global
deforestation which releases carbon dioxide into the
atmosphere.
3. Power generation : Power generation is another huge

source of pollution. The classical example here is the burning
of fossil fuels to generate power. Carbon dioxide and other
harmful gases are emitted in the process and cause serious
ecological damage for many years to come.
Nuclear power is far from being a clean source of energy,
even though its lobbyists may claim so. The toxic
radioactive waste produced as a result of its generation
takes thousands of years to decompose and become
harmless. So don't fall for the lie of looking at nuclear as a
"green" source of energy just because it doesn't emit

greenhouse gases into the atmosphere.
4. Industrialization : Industrialization has taken its toll on the

environment. Most of the industries are set up without regard
to environmental requirements, and without any concern for
the pollution load factors on land, air and water. Pollution in
rivers have reached epidemic levels between twenty to one
thousand times over the safe levels. These rivers have fallen
prey to industrial toxins, killing millions of fishes and then
irrigating farmlands with pollutants. Industrial discharge
severely pollutes the environment through following waste :-
(i) Gaseous pollutants: Oxides of carbon, nitrogen and
sulfur.
(ii) Particulate matter: Fine metal dust, fly ash, soot,
cotton dust and radioactive substances.
(iii) Burning of plastics: Emit poisonous gases which are
harmful for lungs and vision.
(iv) Accidental release of some poisonous gases like
methyl isocynate (as it happened in Bhopal) are fatal.
(v) Secondary air pollutants formed from complex
reactions between primary pollutants, such as smog and
acid rain, which are harmful all living organisms,
(vi) Industrial waste pollutes soil as well as rivers, oceans
and ground water tables.
5. Globalization : Globalization is another major cause of

pollution. Globalization has become an effective facilitator of
environmental degradation. Developing countries usually
have much looser laws on environmental protection. With
this benefit as well as the population growth and easy
availability of cheap labor, big industry prefers to move its
facilities to such pollution havens rather than work in more
regulated markets.
6. Poor policy management at government level : Most of the

environment related decisions are enacted by those sections
of the Government which are already innocuous or whose
knowledge about interest in environment is more of academic
interest.
Peoples mindset that development comprises of
industrialization, urbanization, commercialization, and
consumerism without referring to underlying foundation of
economic and social equity and environmentally
sustainable growth process, has created a huge
complication which has deep ecological impact.
7. Priority of development over Environmental Protection :

India is brimming with unlimited aspirations while it owns
limited natural resources. This leads to a conflict between the
government committed to development for the greater good
of all while the process of development severely
marginalizes the poor and tribal. When natural resources are
diverted to fit the development agenda and meet the needs
of the market, the conflict between commercial interest and
peoples interest intensifies. In essence, conflicts over natural
resources are conflicts over rights. Development takes
precedence over the environment and thus issues of the
environment get relegated to the background. A recent
example being that of illegal mining in Aravalli hills Range in
Rajasthan resulting in forest cover getting depleted by 90
percent and drying up of wells adversely affecting
agriculture.
8. Urban Bias of Environmental Issues : Twin concepts of

industrialization and urbanization have historically only
affected the urban populations. The enforcement agencies
fail to understand that the essence of sustainable
development lies in balancing the interests of progress and
safeguarding interests of the entire community. Our existing
laws dont have a supportive structure for the rural
development through sustainable means. The policies formed
by the government have a pyramidal structure attached to
them with very little participatory means for the affected

people. This leads to an unreceptive environment when a
project is initiated which serves as a distinct handicap.
Go To Contents
Module-2) Environment Protection : International Scenario &

Constitutional Remedies :
2..1) International Scenario : Stockholm Conference, Rio de
Janeiro Conference Sustainable Development
2..2) Constitutional perspectives for protection of
Environment : Article 21, 48-A, 51-A(g), 32 and 226 42nd
Constitutional Amendment
2..3) Contribution of Judiciary in Environment Protection
through PILs, relevant decisions of the Supreme Court
2..4) Public Trust Doctrine, Polluter Pays Principle
Q : Discuss : International Scenario : Stockholm Conference, Rio de
Janeiro Conference Sustainable Development.
Q : 2013, 5 : Man is not the owner of natural resources, but he is
merely guardian of it, discuss this statement with reference to U.N.
conference held at Stockholm.
Q : 2014 : Discuss : Stockholm conference principles
Q : 2014 : Discuss : Rio conference principles
Q : 2012, 5 : Explain the concept of sustainable development with
special reference to the earth summit 1992
Q : Discuss : India And International Environmental Law :
Q : Discuss : Evolution of environmental laws in India
Q : Discuss : Phases of development of Environment Laws in India
Q : Discuss : Constitutional perspectives for protection of Environment :
Article 21, 48-A, 51-A(g), 32 and 226. 42nd Constitutional Amendment
Q : 2012 : Explain the different constitutional perspectives of
environmental law.
Q : 2014, 5 : Explain the different provisions pertaining to environment

protection under the Constitution of India.
Q : 2013 : After 42nd Constitutional Amendment, the environmental law
in progress. Explain.
Q : Discuss : Contribution of Judiciary in Environment Protection through
PILs and relevant decisions of the Supreme Court
Q : 2013, 4 : Discuss the role of supreme court as protector of
environment.
Q : 2014 : Discuss : Public trust doctrine
Q : 2015 : Discuss : M C Mehta -vs- Kamalnath (1977)1 SCC 388
(public trust doctrine case)
Q : 2015 : Explain the essential features of sustainable development,
polluter pays principle, and precautionary principle. How they are
incorporated under the Environmental Law in India?
Q : HOW sustainable development, polluter pays principle, and
precautionary principle are incorporated under the environmental laws
in India ?
Go To Contents
Module-2 ANSWERS :
Q : Discuss : International Scenario : Stockholm Conference, Rio de
Janeiro Conference Sustainable Development.
Q : 2013, 5 : Man is not the owner of natural resources, but he is
merely guardian of it, discuss this statement with reference to U.N.
conference held at Stockholm.
Q : 2014 : Discuss : Stockholm conference principles
Q : 2014 : Discuss : Rio conference principles
Q : 2012, 5 : Explain the concept of sustainable development with
special reference to the earth summit 1992
Ans :
What is Sustainable Development? : Brundtland Commission 1987 :
We did not inherit the earth from our parents, we borrowed it

from our children.
Post Stockholm Declaration 1972, concerns for the

environment continued to grow. There was widespread
deforestation, industrial pollution and environmental
degradation. The ozone hole, the warming of the earth,
increased carbon dioxide in the environment all added to the
growing environmental concerns.
In 1983, a need was felt to link environmental concerns with
industrial development and growth. With this in mind, the
United Nations, in 1983, established World Commission for
Environment and Development (WCED), which was chaired
by Dr Brundtland, then Prime Minister of Norway.
In 1987 WCED submitted its report (known as Brundtland
Report) Our Common Future. The Report included what is
now one of the most widely recognized definition of
Sustainable Development :
DEFINITION : Sustainable Development is development
that meets the needs of the present without
compromising the ability of future generations to meet
their own needs.
According to Brundtland Report :
We cannot betray future generations. They will judge us
harshly if we fail in sustainable Development.
If we continue to use up natural resources as we do at
present, if we ignore the plight of the poor, if we continue
to pollute and produce waste, then we can expect a
decline in the quality of life.
Sustainable development is economic progress which
meets all of our needs without leaving future generations
with fewer resources than we enjoy. ie a way of living
from natures income rather than on its capital account.
ie we have to meet the needs of all sections of society
particularly the underprivileged. And while meeting these
needs we have to make sure that what we take from
nature does not increase the degradation of the earths
natural resources and threatens biodiversity. Nature is
finite and we need to set a limit to our consumption of
natural resources. There is a need for a strategic
approach to maintaining a balance between social,

economic and environmental challenges.
Sustainability recognizes an integrated view of the world that
links a communitys economy, environment and society. The
view emphasizes the fact that humans are a part of nature.
And that, in order to survive, the poor are forced to engage
in economic activities that are unsustainable. The interaction
of poverty and environmental destruction sets off a
downward spiral of ecological deterioration that threatens the
physical security, economic well-being and health of millions
of people.
The world as a whole is steadfast in its commitment towards
achieving a balance between the environmental, economic
and social development. The agenda of Sustainable
Development is also an all-inclusive growth. That means a
pattern of development that involves all sections of the
community the well off, the poor, men and women. Such a
pattern of growth is based on the need to preserve the
diversity of the eco-system.
Sustainable Development involves :

Preservation of biological diversity in terrestrial,
freshwater and marine systems;
Sustainable use of resources and minimizing the
depletion of resources;
Caring for the environment;
Improving the quality of life including social and
economic concerns;
Conservation of natural capital both for renewable and
non-renewable resources;
Conservation of natural and cultural diversity;
Limits on natural resource utilization and assimilation of
wastes;
Efficiency of resource utilization by all societies;
Social equity through poverty reduction and gender
equity;
Reduction of emission of greenhouse gases;

Reduction in use of ozone depleting substances;
Reduction in air pollution;
Reduction in use of chemical fertilizers;
Stopping desertification; and
Stopping deforestation
What leads to un-sustainability? : Let us try and understand

the threats to Sustainable Development. Economic disparity,
social inequality and environmental degradation are threats
to sustainability. Some of the causes of un-sustainability are
as follows :
increasing human population;
over exploitation of resources to meet human needs like
fuel, fodder and shelter;
activities like fishing, agriculture, overuse of fresh water,
deforestation and industrialization;
land clearing leads to problems like soil degradation,
pollution, loss of biodiversity, deforestation,
desertification, climate change; and
social degradation due to factors like increasing
unemployment, health crisis, armed conflict, urbanization,
poverty, income inequity
Conclusion : In order to attain Sustainable Development the

nations have to ensure that there are institutional
mechanisms in place to achieve sustainable development in
all three areas of economy, society and environment. These
institutional mechanisms shall make certain that there is a
sustained, organized and coordinated effort at all levels to
bring about socio economic development and environmental
sustainability.
Stockholm Declaration 1972 :

http://www.preservearticles.com/2012021623396/essay-on-the-
stockholm-conference-and-its-legacy.html
"The United Nations Conference on the Human Environment
1972" also known as "Stockholm Conference 1972", marked
the culmination of efforts to place the protection of the
biosphere on the official agenda of international policy and
law.
Need for conference :
During the years immediately preceding Stockholm
Conference in 1972, environmental protection had
become a significant public and political issue in nearly all
developed states of the world, notably Canada, Sweden,
Japan, Great Britain and the United States of America.
Reasonable suspicion : The strong wave of concern for
environment, specifically among developed nations of the
world, gave rise to the suspicion that the environmental
movement could be a new and concealed form of neo-
imperialism and that the developed countries of the world
wished to keep the developing countries as a subservient
supplies of low priced raw materials and consumer of
industrial output of the developed countries.
Third world countries suspected that the environmental
protection, shall entail restrictions on the development in
third world countries and grants received by many under
developed nations shall he stopped on the pretext of
protection of the environment.
However, even in third world countries there were
individuals and groups who believed that environmental
protection was important for all the mankind and that
their countries had important stake in the preservation of
the Biosphere.
Preparations :
The official initiative for the Stockholm conference came
from the Swedish representative to the United Nations
which was considered by UN Economic and Social Council
on July 30, 1968. The proposal was cleared and United

Nations was asked to proceed with the preparations of the
conference on problems of human environment.
This was followed by the establishment of a Preparatory
Committee for Stockholm Conference under the guidance
of Maurice Strong who was designated as Secretary-
General of the Conference.
A number of organizations collaborated and enormous
amount of information was collected, concepts and
consensus evolved and differences reconciled before the
Stockholm Conference actually met. The Preparatory
Committee met four times to finalize the arrangements
for the Conference.
It was indeed, the thorough preparatory work, and the
tireless efforts of hundreds of people from all parts of the
world which was responsible for the success of the
Stockholm Conference.
Important features of the declaration Stockholm Conference :

During June 6-16, 1972 delegates from 114 governments
attended the conference. After deliberations of more than a
week the Stockholm declaration took shape. Important
features of the declaration can be summed up as follows:
1. That the natural resources of earth including air, water
land, flora and fauna, especially representative samples of
natural ecosystems must be safe-guarded for the benefit
of present and future generations through careful
planning and management as appropriate.
2. That man has a special responsibility to safeguard and
manage the heritage of wild life and its habitat. The
discharge of toxic substances or other substances should
be halted so that serious or irreparable damage to the
ecosystem could be avoided.
3. That science and technology for the economic and
social development must be applied to the avoidance,
identification and control of environmental risks and the
solutions of environmental problems for the betterment of

human beings.
4. That scientific research and development in the context
of environmental problems both national and
multinational must be promoted in all countries especially
in the developing countries where most of the biological
diversity is available.
5. That free flow of up to date scientific information,
transfer of technology must be maintained in order to
facilitate the solution of environmental problems of
developing countries and that states should ensure that
international organizations play a co-ordinated role for the
protection of environment.
Views of third world countries :

The view-point of third world countries was echoed by
Mrs. Indira Gandhi, Prime Minister of India and leader of
the Indian delegation to the Stockholm Conference when
she declared that many of the advanced countries of
today have achieved the present affluence by their
domination over other races and countries, exploitation of
their own masses and their own natural resources.
Developed countries got a head start through their sheer
ruthlessness undisturbed by feelings of compassion or by
abstract theories of freedom equality or justice. They did
not care for the environment. Why should the developing
countries abondon the course of development which the
developed countries have been following?
Her views were endorsed by many delegates of the third
world countries including the Peoples Republic of China,
Philippines and to some extent by Sweden.
However, it was due to the diplomatic skill of the
Secretary General Maurice Strong that the issue, though
not removed entirely, was side-tracked to be taken up by
the General Assembly and the newly created United
Nations Environment Programme.
The Third World countries did receive some assurance in

the form of Paragraph (b) of Stockholm recommendation-
103. Accordingly, where environmental concern leads to
restrictions on trade or to stricter environmental
standards with negative impact on developing countries,
appropriate measures for compensation should be worked
out.
The Stockholm recommendation-107 declares that the
environmental problems should not affect the growth of
developing countries and that flow of assistance from
developed countries should be adequate to meet the
additional requirements of third world countries.
Probably one of the most important recommendation of
the Stockholm Conference, was (i) creation of institutional
arrangement to implement its recommendations and (ii)
setting up of an environmental fund to carry out
commitments to third world countries.
Result :
United Nations General Assembly resolved on Dec. 15,
1972, to establish the necessary machinery in the form of
United Nations Environment Programme, and
Financial arrangements were made to meet its
requirement.
Also at the insistence of developing countries, the size of
governing body of UN Environment Programme was
enlarged to 58 nations to accommodate greater
representation from Asia and its Headquarters were
shifted to Nairobi, Kenya.
Conclusion : The Stockholm slogan was Only One Earth.

The Stockholm Declaration highlighted the consequences of
unrestrained growth and the linkages between several global
problems.
Rio de Janeiro Declaration 1992 :
Intro : Environment is the mainstay of our development

activities. In the race for growth, our environment has been
subjected to constant damage and lot more has to be done to
preserve the environment.
Environmentally sustainable global economy was the
central theme of the U.N. Conference on Environment and
Development held at Rio de Janeiro in 1992. This summit
was called as the Earth Summit.
The RIO Declaration on Environment Development, 1992
builds on the principles of sustainable development, inter-
generational equity, and sovereign rights in the Stockholm
Declaration, expands the concept of sustainable
development and reaffirms, amongst others, the
importance and centrality of the Precautionary Principle,
Polluters Pay Principal and the Environmental Impact
Assessment.
The Rio de Janeiro Earth Summit 1992 brought 108 heads of
State and Government at one place where five major
agreements were signed by the participating governments.
These were:
(a) The Rio Declaration on Environment and Development
in the form of 27 principles on environment and
development;
(b) Agenda 21, a blueprint for sustainable development
into the 21st century;
(c) the declaration on forest principles, a statement that
calls for multiple use of the world forests;
(d) the climate change convention, signed by 163
governments: and
(e) the Convention on Biological Diversity signed by 160
governments.
Thus, the U.N. Conference on environment and development
covered multiple aspects of the problem of human
environment and development and the conservation of
biodiversity. It was another important land mark in our
efforts to protect the environment and natural resources.
(A) Rio Declaration : All nations present at UNCED accepted

without change the Rio Declaration, a non-binding statement
of broad principles for environmental policy. New
international networks, both formal and informal, were set up
to carry out and oversee implementation of the agreements.
However, in the end, the UNCED negotiations came down to a
matter of money. The industrialized nations have it and the
developing nations want it. If the industrialized nations want
environmental protection, they must be prepared to pay for
it. The tensions between rich and poor and the financial
conflicts that underlie them were at the heart of every major
negotiation.
The Rio Declaration on Environment and Development
defines sustainable development in 27 principles. Using
these principles in an effective combination provides an
important guideline on the road to achieving a more
sustainable world.
(B) Agenda-21 : The Earth Summit adopted the Rio

Declaration and an action plan called Agenda 21 which was
adopted by over 100 Nations. Agenda 21 was geared towards
achieving Sustainable Development in the 21st century.
Agenda-21 can be summarized as :
Equal consideration of environment, society and
economy;
Intergenerational solidarity keeping in mind the needs of
the future generations;
A global consensus and political commitment at the
national and international levels;
Involvement of the Non-Government Organizations
(NGOs);
Provides a blueprint for the governments to attain a
balance between the environment and the needs of the
population; and
A Commission on Sustainable Development (CSD) was
established to follow up the Rio agreements, and it
monitors the agreements of the Earth Summit at the

local, national, regional and international levels
(C) Sustainable management of forests worldwide : As a

result of land exploitation, fire, acid rain and alternative land
use, deforestation is just not sustainable. Deforestation is
fast becoming one of the most pressing environmental
issues. It contributes to global warming, loss of biodiversity,
soil erosion, desertification and flooding, as well as depletion
of an otherwise sustainable resource. Deforestation is a
global phenomenon that is most prevalent in the tropics,
where demographic pressures convert forests into other land
uses.(29) In 1980, 0.58% of tropical forests were being lost
annually.
The Earth Summit did not produce the convention on
world forest management, as sought by developed
countries. It merely agreed on a declaration of principles
for future progress. Tropical countries refused to accept
international supervision of their rainforests, unless such a
legally binding document covered ALL nations and forest
resources equally.
The document is a non-legally-binding authoritative
statement of principles for a global consensus on the
management, conservation and sustainable development
of all types of forests.
(D) Climate change convention : The key elements of the

convention are :
If present emission trends for greenhouse gases continue,
the average global temperature will increase by 1.5 to 4.5
C by the middle of next century.
The developed world must take the lead in combatting
climate change and its adverse effects.
New and additional financial resources must be committed
to meet convention goals;
Promotion of transfer of technology to developing
countries and an institutional mechanism to enable the
international community to manage the climate change

problem over the long term,
(E) Convention on Biological Diversity : Salient features :

Intrinsic value of biological diversity and its components and
its importance as a life support system need to be
recognized. That the conservation of biological diversity is
common concern of all mankind. That the states are
responsible for conserving their biological resources and use
them in a sustainable manner.
The Rio Summit Follow up : The Rio Summit was followed by

several other Conferences to focus on Sustainable Development.
These include conferences like,
Global Conference on Sustainable Development of Small
Island Developing States in Barbados in 1994:
The World Summit on Social Development in Copenhagen
in 1995:
The Fourth World Conference on Women, Beijing 1995;
and
Second UN Conference on Human Settlements, Habitat II,
Istatbul in 1996. The focus was on following the path of
Sustainable Development in all countries in all parts of the
ecosystem whether on land, water or air. The effort has also
been an all-inclusive development that reaches all sections of
the population with a special focus on the vulnerable sections
like women, children or the marginalised.
A five year review of the progress of the Earth Summit was
held in 1997 by the United Nations General Assembly.
This was followed by a ten year review in 2002 by the World
Summit on Sustainable Development (WSSD). The WSSD
was held in Johannesburg, South Africa. It urged the Nations
to make progress in the formulation and implementation of
strategies for sustainable development and to begin
implementing them by 2005.
Millennium Development Goals : Millennium Development Goals are

the goals set at one of the largest-ever gathering of world leaders
in 2000. These world leaders agreed to a set of time-bound and
measurable goals for combating poverty, hunger, disease, illiteracy,
environmental degradation and discrimination against women, to be
achieved by 2015. The following is a brief overview of some
significant decisions and agreements that were reached by the
various countries :
In 2004, Delhi mandates the use of compressed natural gas
in city buses and auto rickshaws, responding to rising civil
society pressure over air pollution.
In 2005, Kyoto Protocol enters into agreement which legally
bound the developed countries to go for greenhouse gas
emission reductions, and establishing the Clean Development
Mechanism for developing countries.
In 2007, Montreal Protocol was signed on Substances that
deplete the Ozone Layer. Countries agreed to an accelerated
phase-out schedule for hydro-chloro-floro-carbons (HCFCs).
NASA has reported that the ozone layer is recovering, in
part due to reduced concentrations of CFCs, phased out
under the Montreal Protocol.
In 2008, Green Economy ideas enter the mainstream.
National Governments allocate more funds to further
stimulate environmental actions and green growth becomes
the new objectives for the future economy. Also in 2008,
scientists document says that the oceans are growing more
acidic due to increasing levels of atmospheric carbon dioxide.
This they predict, would have disastrous consequences for
the earths ecosystem.
In 2009, Copenhagen climate negotiations were held.
However, the participating countries failed to reach an
agreement on new emissions reductions commitments
beyond 2012 (the end of the Kyoto Protocol time frame). An
important outcome was that thrust now shifted towards
national and regional efforts to reduce emissions.
In 2009,the G20 Pittsburgh Summit was held. Leaders called
for making fossil fuel like petrol and diesel more expensive in
order to phase them out. They also agreed to provide a

targeted support for the poorest people.
In 2011,climate change negotiations were held in Durban.
The negotiations outcome was a step forward in establishing
an international agreement beyond Kyoto. It was agreed to
cut carbon emissions in all countries, including developed
countries and several major developing countries.
In 2012, one of the first of the Millennium Development Goal
targets is achieved, in advance of the 2015 deadline. The
percentage of the worlds people without access to safe
drinking water is cut in half.
The 2012 United Nations Climate Change Conference was
held in Doha. It was agreed to extend the Kyoto Protocol
that was to end in 2012 to 2020. It was also agreed to
renegotiate the agreement reached in Durban by 2015 and to
implement it by 2020.
Conclusion :
From the Stockholm Declaration of 1972 to the latest

Conference held in Doha in 2012, more than forty years have
passed. We are actively involved in greening the planet and
in developing clean energy solutions. The world as a whole is
committed towards combating hunger, disease, illiteracy,
poverty, reducing inequalities and so on.
The target is to ensure that the benefits of development
accrue to all sections of society and not at the cost of the
future generations.
Q : Discuss : INDIA AND INTERNATIONAL ENVIRONMENTAL LAW :

Q : Discuss : Evolution of environmental laws in India
Q : Discuss : Phases of development of Environment Laws in India
Ans :
Since the United Nations Conference on the Human Environment,
held in Stockholm in 1972, India has been an active participant in
every such conference and has passed numerous environmental

laws relating to environmental protection. India has not only ratified
many UN Conventions but the judiciary has also actively
implemented them on its own accord in the many landmark
judgments, as far back as the 1980s. India also has a burgeoning
NGO community which is deeply resourceful and committed to
making India an environmentally friendly state.
Post Stockholm and post Rio Declaration, Nations across the world
have adopted a number of laws pertaining to the three pillars of
sustainable development. India too has implemented a plethora of
laws. However, as far as the implementation of the laws is
concerned the State often falters in the implementation of laws. The
Supreme Court of India has upheld in a number of instances that
the Indian law is bound by international treaties and conventions of
which India is a signatory.
Moreover, as India is a Commonwealth nation, developments in
countries like England, USA, and Australia also set precedents. This
gives legislators, lawyers, and judges access to global
jurisprudence, which is unparallel and brings to them a wealth of
knowledge. Discussion on INDIA AND INTERNATIONAL
ENVIRONMENTAL LAW can be divided in following 3 distinct areas :
(A) Enforceability of International Agreements/ treaties/
conventions to which India is a party,
(B) Influence of International Environmental Law on the
Constitution of India,
(C) Influences of International Environmental Law on
Domestic Law,
(A) Enforceability of International Agreements/ treaties/

conventions to which India is a party :
Articles 246 and 253 of the Constitution read with Entries 13
and 14 of List I (Union List) of the Seventh Schedule of the
Indian Constitution give the Government of India the
authority to implement any international treaty that the
country has signed.
Articles 246 (Parliament has exclusive power to make
laws on subjects in Union List),
Article 253 (Parliament has power to make any law for the
whole or any part of the territory of India for
implementing any international treaty, agreement or
convention)
Under Article 53, the executive powers of the Union rest with
the President of India.
Under Article 73 of the Indian Constitution confers upon the
government of India executive powers.
India follows the dualist theory of implementing international
law through national laws. It means, that every international
treaty, declaration, accord or agreement, has to be passed as
a Legislation for the courts to implement it as law. Thus,
international laws cannot automatically form part of national
laws unless they are incorporated by the Parliament through
legislation.
Article 51(c) ("foster respect for international law and treaty
obligations in the dealings of organized peoples with one
another") of the Indian Constitution is the instrument by
which International Law becomes enforceable by laws in
India.
Since, Article 51(c) is a Directive Principle of State Policy, it is
just directive and not enforceable. Yet the states are morally
duty bound by enforce these directives though one cannot
bring a suit in the Courts of the country if the state does not
fulfill its moral obligations with regards to these directive
principles.
Though there is strict division of powers in India, the
judiciary often finds itself interpreting international laws in
cases, on its own free will.
In the landmark case of Kesavananda Bharathi v. State of
Kerala, the Supreme Court held : It seems to me that, in
view of Article 51 of the directive principles, this Court
must interpret language of the Constitution, in the light of
the United Nations Charter and the solemn declaration
subscribed to by India.
herein above, the judge was referring to Universal
Declaration of Human Rights - respect for human
dignity and fundamental human rights. Lord

Denning in Corocraft v. Pan American Airways
(1969) 1 All E.R. 82; 87 "it is the duty of these
courts to construe our Legislation so as to be in
conformity with international law and not in conflict
with it."
(B) Influence of International Environmental Law on the

Constitution of India :
Article 253 (Legislation for giving effect to international
agreements) of the Indian Constitution allowed the National
Parliament to give significance to Indias participation in
international conferences, and make laws based on the
decisions, responsibilities, and outcomes of these
conferences.
Article 21 of the Constitution guarantees one of the important
Fundamental Right to the citizens and says that no person
shall be deprived of his life and personal liberty, except
according to procedure established by law. This right to life
contained in Article 21 has been given a very wide
interpretation by the Supreme Court of India.
Stockholm Conference of 1972 required all signatories to
adopt measures to protect the environment. Accordingly
India made requisite amendments in constitution and also
enacted legislations to protect the wildlife and to arrest water
and air pollution. Accordingly, India has brought in two
important Constitutional Amendments. With the 42nd
Constitutional Amendment Act, 1976, the Indian legislature
introduced environmental protection and conservation into
the Constitution by way of Article 48A and 51A(g).
Article 48-A (Directive Principles of State Policy) states
that the State shall endeavor to protect and improve the
environment and to safeguard the forests and wild life of
the country.
Article 51A (g) (fundamental duties) protection of the
natural environment (including forests, lakes, rivers and
wild life, and to have compassion for living creatures) was

made a fundamental duty of all citizens.
Environmental Protection became a Directive principle of the
State under Article 48-A whereby it became an enforceable
right (at the States discretion) to protect the environment
and wildlife of the country. The Amendment also made
environmental protection a Fundamental (and Constitutional)
Duty of the citizens of the country under Article 51A (g).
The 42nd Amendment also shifted two important provisions
Forests and Protection of Wildlife and Bird from the
State List to the Concurrent List. This allowed a strong hold
of the Central government on these subjects thus allowing
laws to be created which had a larger perspective on the
issue, thereby guaranteeing better protection and
administrative forums to be created.
There are certain important constitutional provisions which
give the citizens the right to approach the High Courts as well
as the Supreme Court of India to protect their fundamental
rights. Article 226 of the Constitution gives the right to
citizens to approach the High Court to enforce their
fundamental rights and the High Courts are given the power
to issue various writs. Article 32 of the Indian Constitution
could be invoked by the citizens for enforcement of the
Fundamental Rights.
(C) Influences of International Environmental Law on Domestic Law

:
There are numerous influences of international environmental
laws on domestic Indian environmental laws. Environmental
jurisprudence, as we know today, in India has grown on the
same lines as international environmental laws primarily
because both came into being in the same year- 1972. Indian
lawmakers have always looked to international conventions,
treaties, and declarations to form domestic laws.
After the Stockholm Conference, the Government of India
laid down the foundation of the National Council of
Environmental Policy and Planning within the Department of
Science and Technology. This body later became the Ministry

of Environment and Forest in 1985 with an independent
Central Minister.
The Air (Prevention and Control of Pollution) Act, 1981 has its
roots in the Stockholm Conference where Principle 13,
Principle 13 In order to achieve a more rational
management of resources and thus to improve the
environment, States should adopt an integrated and
coordinated approach to their development planning so as
to ensure that development is compatible with the need to
protect and improve environment for the benefit of their
population.
Environmental Impact Assessment has been always been a
contested issue in India with no impact assessment studies
being undertaken until as recently as the 1980s. Major
legislative reforms were brought about only in 1994 where
Sections 3 and 4 of the Environmental Protection Act, 1986
called the Environment impact Assessment Notification
1994. Apart from Principle 14 of the Stockholm Conference,
this measure was chiefly inspired by Principle 17 of the Rio
Declaration,
Principle 17 EIA as a national instrument shall be
undertaken for the proposed activities that are likely to
have significant adverse impact on the environment and
are subject to a decision of a competent national
authority.
The Biological Diversity Act was passed in India in 2002 after
India signed and ratified the United Nations Convention on
Biological Diversity signed at Rio de Janeiro in 1992. This Act
was passed to provide for conservation of biological
diversity, sustainable use of its components and fair and
equitable sharing of the benefits arising out of the use of
biological resources, knowledge and for matters connected
therewith or incidental thereto.
Many of the provisions of the Convention were also placed in
the amendment brought in the Wildlife (Protection) Act 1972
in 1991. India is a signatory of the Convention on
International Trade in Endangered Species (CITES). As a
party to the Convention India has amended its laws to reflect

the assertions made in the Convention towards the
international trade of flora and fauna. The Wildlife
(Protection) Act 1972, the Customs Act 1992 and the
Import/Export Regulations of the country jointly regulate the
provisions of CITES86.
India acceded to The Montreal Protocol on "Substances That
Deplete the Ozone Layer" and to the London Agreement in
1992. The Ministry of Environment has made an Ozone Cell
and a steering committee which would implement the
provisions of the Protocol in India. Though India ratified The
Basel Convention on the Control of Trans boundary
Movements of Hazardous Wastes and Their Disposal in 1992,
the Indian Hazardous Wastes Management Rules Act, 1989
has implemented many provisions from the Convention when
it was passed. India hosts the network on agro-forestry and
soil conservation for one of the six Thematic Program
Networks for the Asian Region under the United Nations
Convention to Combat Desertification in Those Countries
Experiencing Serious Drought and/or Desertification,
Particularly in Africa.
The Lok Sabha passed the National Green Tribunal (NGT) Act
of 2000 on 18 October 2010. It encompasses within it the
Fundamental Right to a Healthy Environment that is
enshrined in the Indian Constitution under Article 21. It
heralded a new dawn in environmental protection and will
replace the National Environment Tribunal Act, 1995 and the
National Environment Appellate Authority Act, 1997.
Phases of development of Environment Laws in India : Indian laws

on Sustainable Development can broadly be seen to have developed
in four distinct but overlapping phases. These are as follows:
(A) First Phase (1972-1983) :
(B) The Second Phase (1984-1997) :
(C) Third Phase (1998-2004) :
(D) Fourth Phase (2005 and beyond) :
(A) First Phase (1972-1983) :
The focus in this phase was to protect the environment. This

phase came largely in the wake of the Stockholm Conference
of 1972 which required all signatories to adopt measures to
protect the environment. The highlights were the
constitutional amendments and the enactment of legislations
to protect the wildlife and to arrest water and air pollution.
There are certain important constitutional provisions which
give the citizens the right to approach the High Courts as well
as the Supreme Court of India to protect their fundamental
rights. Article 226 of the Constitution gives the right to
citizens to approach the High Court to enforce their
fundamental rights and the High Courts are given the power
to issue various writs. Article 32 of the Indian Constitution
could be invoked by the citizens for enforcement of the
Fundamental Rights.
Article 21 of the Constitution guarantees one of the important
Fundamental Right to the citizens and says that no person
shall be deprived of his life and personal liberty, except
according to procedure established by law. This right to life
contained in Article 21 has been given a very wide
Article 48-A (Directive Principles of State Policy) states that
the State shall endeavor to protect and improve the
environment and to safeguard the forests and wild life of the
country.
India implemented the 42nd amendment to the Constitution in
1976.Through this amendment Article 48-A was implemented
through which protection and promotion of the environment,
forests and wildlife became a part of the Directive Principles
of State Policy.
Through Article 51A (g) (Fundamental Duties) protection of
the natural environment (including forests, lakes, rivers and
wild life, and to have compassion for living creatures) was
made a fundamental duty of all citizens.
In addition, several Acts pertaining to the environment were

formulated namely,
Wildlife (Protection) Act of 1972,
Water (Prevention and Control of Pollution) Act of 1974,
Forest Conservation Act of 1980, and
Air (Prevention and Control of Pollution) Act of 1981.
(B) The Second Phase (1984-1997) :
The focus in this phase was on ensuring social equity and

justice.
In response to the Bhopal Gas Disaster in 1984, there was a
growth in judicial activism which led to a reinterpretation of
existing laws and legislations. The Air (Prevention and
Control of Pollution) Act of 1981 underwent a major
modification in 1987.
In 1991 the Public Liability Insurance Act, was enacted to
provide for immediate relief to persons affected by accidents
from handling of notified hazardous substance, on a no fault
basis. Under this Act it is mandatory for all industries
handling hazardous material to take Public Liability Insurance
cover for immediate relief to victims or damage to property.
In response to the Rio Declaration that called upon Nations
to develop laws regarding liabilities and compensation to
victims of pollution and other environmental damages two
Acts were formulated, (i) National Environment Tribunal Act,
1995 (Repealed) and (ii) National Environment Appellate
Authority Act.
NB : These have been subsequently repealed and
replaced in by the new National Green Tribunal Act of
2010.
The Environment (Protection) Act (EPA) was enacted in 1986.
The scope of this Act is very wide and it operates on the
principle of arresting pollution at the source (polluter pays)
and also focusses on involvement of the public in decision
making.
Under the EPA, Environmental Impact Assessment (EIA)

Notification was introduced in 1994, it was modified in 2006
and the latest amendment was in 2009. Under the EIA it has
become mandatory to seek environmental clearance for
several activities and industries with the involvement of the
public as per procedure.
Significantly after Rio many of these environmental
principles have been accepted as a part of Article 21 (Right to
Life).
Other legislations that have been introduced for the
protection of the environment and prevention of pollution are
the Motor Vehicles Act, 1988, to control air pollution due to
vehicles.
(C) Third Phase (1998-2004) : The third phase coincides with
Indias membership of the WTO in 1998. The focus is on combining
economic development with social and environmental issues.
The Biological Diversity Act 2002 was framed keeping in mind
the principles of the Convention on Biological Diversity
(CBD). The legislations are directed towards ensuring the
sovereign rights of countries over their genetic and biological
resources and the acceptance of the need to share benefits
flowing from the commercial utilization of biological resources
with holders of indigenous knowledge.
The Patents (Amendment) Act of 2005 has a provision to
prevent misappropriation of indigenous knowledge of
communities by making it non-patentable. The Geographical
Indications of Goods (Registration and Protection) Act, 1999
facilitates protection of the collective rights of the rural and
indigenous communities in their unique products.
In this phase under the EPA several secondary legislations
dealing with waste management and recycling of substances
like plastics were also formulated. These include:
Municipal Solid Wastes (Management and Handling)
Rules, 2000;
Recycled Plastics Manufacture and Usage Rules,1999;
Manufacture, Storage and Import of Hazardous Chemical

(Amendment) Rules, 2000;
Batteries (Management and Handling) Rules, 2001;
Ozone Depleting Substances (Regulation and Control)
Rules,2000;
A series of notifications delegating power to State, River
Conservation Authorities to deal with water pollution; and
The Noise Pollution (Regulation and Control) Rules, 2000
The emphasis in this phase was also on energy conservation

and use of renewable sources of energy. Consequently the
Energy Conservation Act, 2001 was enacted, which also set
up the Bureau of Energy Efficiency. The Electricity Act of
2003 has tried to ensure better development in the power
sector and also emphasis the use of renewable energy.
Under the orders of the Supreme Court, Compensatory
Afforestation Management and Planning Agency (CAMPA),
was set up in 2004, to compensate for deforestation for
development work through afforestation.
(D) Fourth Phase (2005 and beyond) : This phase is marked by a
proactive rights based approach. A rights based approach is one in
which the focus is on ensuring the rights of all sections of
community particularly the marginalized. These include legislations
like the
Human Rights Act 1993 with Amendment Act, 2006;
Right of Children to Free and Compulsory Education Act,
2009,
Commission for the Protection of Child Rights Act, 2005;
Maintenance and Welfare of Parents and Senior Citizens Act,
2007;
People with Disabilities Act, 1995.
Rights of the traditional forest dwellers have been codified in
the Forest Rights Act, 2006. The Act seeks to reconcile the
needs of the forest dwellers with the need to conserve
wildlife and forests.
The Wildlife (Protection) Act of 1972 was amended in, 2002

and it seeks to provide for participatory management of the
buffers around the National Parks and Sanctuaries and
introduces the concept of Community Reserves.
This phase also continued to focus on the environment
through the Environment Impact Assessment Notification of
2006 and Wastes (Management, Handling and Trans-
boundary Movement) Rules, 2008.
In 2011, the E-Waste (Management and Handling) Rules, for
environmentally sound practices for management of
electronic waste were notified.
The National Green Tribunal Act of 2010 seeks to give effect
to the promise made at Rio and to provide for the effective
and expeditious disposal of cases related to environmental
protection, forests and natural resources and provide relief
and compensation for damages.
The Judiciary in India has had to take on the role of the
interpretation and implementation of the law through public
interest litigations (PIL).
Indian Judiciary in general have relied on the public trust
doctrine, precautionary principle, polluter pays principle, the
doctrine of strict and absolute liability, the exemplary
damages principle, the pollution fine principle and inter-
generational equity principle apart from the existing law of
the land.
Q : Discuss : Constitutional perspectives for protection of Environment :

Article 21, 48-A, 51-A(g), 32 and 226. 42nd Constitutional Amendment
Q : 2012 : Explain the different constitutional perspectives of
environmental law.
Q : 2014, 5 : Explain the different provisions pertaining to
environment protection under the Constitution of India.
Q : 2013 : After 42nd Constitutional Amendment, the environmental
law in progress. Explain.
Ans :
Intro : India is one of the twelve mega biodiversity country. There

are innumerable species, whose potential is not even known till
date. Also, this biodiversity has direct relation to agriculture,
medicine and industry apart from it being a nations wealth.
Accordingly, there is constitutional provision in India for biodiversity
conservation.
At national level serious efforts have been made for the
improvement and protection of environment by incorporating
changes the constitution of India. Our constitution, originally,
did not contain any direct provision regarding the protection
of natural environment. Constitutional Provision for
environmental protection was made by way of 42nd
Constitutional Amendment.
Article 253 (Legislation for giving effect to international
agreements) of the Indian Constitution allowed the National
Parliament to give significance to Indias participation in
international conferences, and make laws based on the decisions,
responsibilities, and outcomes of these conferences.
Art-21 : No person shall be deprived of his life or personal liberty
except according to procedure established by law.
This is the constitutional guarantee regarding one of the
important Fundamental Right to the citizens. This right to
life contained in Article 21 has been given a very wide
Accordingly, the State is obliged to take account of Article
48A of Directive Principle of State Policy. The States
trusteeship duties have been expanded to include a right to
a healthy environment.
Stockholm Conference of 1972 required all signatories to adopt
measures to protect the environment. Accordingly India made
requisite amendments in constitution and also enacted legislations
to protect the wildlife and to arrest water and air pollution.
Accordingly, India has brought in two important Constitutional
Amendments. With the 42nd Constitutional Amendment Act, 1976,
the Indian legislature introduced environmental protection and
conservation into the Constitution by way of Article 48A and 51A(g).
Article 48A (Directive Principles of State Policy) : 48A. The

State shall endeavor to protect and improve the environment
and to safeguard the forests and wild life of the country.
Under Public Trust Doctrine, the State has a duty as a
Trustee under Article 48A of the Constitution of India to
protect and improve the environment and safeguard the
forests and wildlife of the country.
Article 51A (g) (fundamental duties) : It shall be the duty of
every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wild life, and
to have compassion for living creatures;
Environmental Protection became a Directive principle of the State
under Article 48-A whereby it became an enforceable right (at the
States discretion) to protect the environment and wildlife of the
country. The Amendment also made environmental protection a
Fundamental (and Constitutional) Duty of the citizens of the country
under Article 51A (g).
The 42nd Amendment also shifted two important provisions
Forests and Protection of Wildlife and Bird from the State List
to the Concurrent List. This allowed a strong hold of the Central
government on these subjects thus allowing laws to be created
which had a larger perspective on the issue, thereby guaranteeing
better protection and administrative forums to be created.
There are certain important constitutional provisions which give the
citizens the right to approach the High Courts as well as the
Supreme Court of India to protect their fundamental rights. Article
226 of the Constitution gives the right to citizens to approach the
High Court to enforce their fundamental rights and the High Courts
are given the power to issue various writs. Article 32 of the Indian
Constitution could be invoked by the citizens for enforcement of the
Fundamental Rights.
Expansive interpretation of Art-21 :
Until 1980s, the concept the right to life under Article 21 of

the Constitution of India was NOT given an expansive
dimension. However, beginning 1980s, Courts in India started
expanding the meaning of this term by playing an active role.
The question, how to bring about a balance between the

environment and development, poses a great dilemma.
The Rural Litigation and Entitlement Kendra v. State of U.P. is
the first case where the Supreme Court of India made an
attempt to look into this question. In this case, the
petitioners, a voluntary organisation, feared that mining
activities of the lessees caused ecological disturbance.
According to a committee of experts, appointed by the
Supreme Court, mining of limestone in certain areas was
found dangerous and damaging ecological balance. The
Supreme Court ordered to close the mining operations in
these areas, though it allowed mining operations in certain
areas reported as not dangerous. The Court did consider the
hardship caused to the lessee but thought that it is a price
that has to be paid for protecting and safeguarding the right
of the people to live in healthy environment with minimal
disturbance to ecological balance.
What is important is that the case was filed under Article 32
of the Constitution of India and orders were given with
emphasis on the need to protect environment. Under Article-
32 the Supreme Court of India can only be approached for
the violation of fundamental rights and there is no specific
fundamental right to environment mentioned as fundamental
rights in our Constitution. Here the Supreme Court treated
the right to clean environment as a fundamental right and
this can only be done by expanding the meaning of the right
to life as it appears in Article 21 of the Indian Constitution as
one of the fundamental rights.
Since then, High Courts have also actively exercised their
jurisdiction under Art-226 in the interest of environmental
protection.
Art-32, Art-226 and Principle of Locus Standi :
Contrary to the past practices (strictly as per the locus standi

principle) wherein, only a person himself / herself, being
aggrieved, could have come knocking the doors of the courts,
today a person acting bona fide and having sufficient interest
can move the courts for redressing public injury, enforcing
public duty or for protecting social and collective rights and
interests. This is known as the dilution of the principle of

locus standi.
The ability to invoke the jurisdiction of the Supreme Court
and the High Courts under Articles 32 and 226 of the
Constitution of India is a remarkable step forward in
providing protection for the environment. Courts have
widened the dimensions of the substantive rights to health
and a clean and unpolluted environment.
India is one of the few countries of the world that have made
specific reference in the constitution to the need for environmental
protection and improvement. The Central Government and State
Governments have utilized this provision to pass various Acts in
order to protect the environment from destruction.
Q : Discuss : Contribution of Judiciary in Environment Protection through

PILs and relevant decisions of the Supreme Court
Q : 2013, 4 : Discuss the role of supreme court as protector of
environment.
Ans :
Contribution of Judiciary in Environmental Protection :
Intro : During 1980s, the Indian legal system, particularly the field
of environmental law, underwent a sea change in terms of
discarding its traditional approach and it was marked by not only
administrative and legislative activism but also judicial activism.
Judicial Activism refers to the active role played by the
Courts in India by adopting new and innovative
interpretations of the constitutional rights expanding their
ambit. In determining the scope of the powers and functions
of administrative agencies and in striking a balance between
the environment and development.
This activism of Courts have been strengthened by the tool of
Public Interest Litigation (PIL), which has enabled the Courts
to entertain cases from public spirited individuals and Non-
Governmental Organisations active in the area of
environmental protection.
Shri M. C. Mehta, an established environmental activist and

lawyer, has played pivotal role in development of
Environmental law and judicial activism in India.
Detailed Discussion :
Until 1980s, the concept the right to life under Article 21 of

the Constitution of India was NOT given an expansive
dimension. However, beginning 1980s, Courts in India started
expanding the meaning of this term by playing an active role.
The question, how to bring about a balance between the
environment and development, poses a great dilemma.
The Rural Litigation and Entitlement Kendra v. State of U.P. is
the first case where the Supreme Court of India made an
attempt to look into this question. In this case, the
petitioners, a voluntary organization, feared that mining
activities of the lessees caused ecological disturbance.
According to a committee of experts, appointed by the
Supreme Court, mining of limestone in certain areas was
found dangerous and damaging ecological balance. The
Supreme Court ordered to close the mining operations in
these areas, though it allowed mining operations in certain
areas reported as not dangerous. The Court did consider the
hardship caused to the lessee but thought that it is a price
that has to be paid for protecting and safeguarding the right
of the people to live in healthy environment with minimal
disturbance to ecological balance.
What is important is that the case was filed under Article 32
of the Constitution of India and orders were given with
emphasis on the need to protect environment. Under Article-
32 the Supreme Court of India can only be approached for
the violation of fundamental rights and there is no specific
fundamental right to environment mentioned as fundamental
rights in our Constitution. Here the Supreme Court treated
the right to clean environment as a fundamental right and
this can only be done by expanding the meaning of the right
to life as it appears in Article 21 of the Indian Constitution as
one of the fundamental rights.
Caselaws :
In the first M. C. Mehta (M. C. Mehta v. Union of India)

case, the Court had to deal specifically with the impact of
activities concerning manufacturing of hazardous products
in a factory. The activities were a threat to the workers in
the factory, as well as members of the general public
living outside. It was alleged that the leakage of Oleum
gas from the factory resulted in the death of many people
and affected the health of several others. The question
was, whether or not the plant should be closed down.
Many conditions were laid down under which industries of
hazardous products can be allowed to restart. In doing so
the Court found that the case raised some seminal
questions concerning the scope and ambit of Articles-21
and 32 of the Constitution.
Second M. C. Mehta case, (M. C. Mehta v. Union of India)
the Court modified some of the conditions for restarting
hazardous industries,
Third M. C. Mehta case, (M. C. Mehta v. Union of India)
posed an important question concerning the amount of
compensation payable to the victims affected by leakage
of Oleum gas from the factory. The Court evolved the
principle of absolute liability of compensation through
interpretation of the constitutional provisions relating to
the right to live and to the remedy under Article 32 for
violation of fundamental rights.
In Chhetriya Pardushan Mukti Sangharsh Samati v. State
of U. P., Supreme Court Chief Justice Sabyasachi Mukerji
observed that Every citizen has a fundamental right to
have the enjoyment of quality of life and living as
contemplated in Art. 21 of the Constitution of India.
In Subhash Kumar v. State of Bihar, Supreme Court
Justice K. N. Singh observed that Right to live .
includes the right to enjoyment of pollution free water and
air for full enjoyment of life.
Summary :
Above decisions of the Courts have widened the scope of
the right to life by reading into it, the right to a clean
environment.
Courts in India have lived up to the needs of the time and

have made significant contributions in dynamically
evolving new principles and remedies.
Courts in India have established the roots of
environmental jurisprudence through its activism.
Role Of Public Interest Litigation (PIL) :

Principle Of Locus Standi :
Contrary to the past practices (strictly as per the locus standi

principle) wherein, only a person himself / herself, being
aggrieved, could have come knocking the doors of the courts,
today a person acting bona fide and having sufficient interest
can move the courts for redressing public injury, enforcing
public duty or for protecting social and collective rights and
interests. This is known as the dilution of the principle of
locus standi.
The ability to invoke the jurisdiction of the Supreme Court
and the High Courts under Articles 32 and 226 of the
Constitution of India is a remarkable step forward in
providing protection for the environment. Courts have
widened the dimensions of the substantive rights to health
and a clean and unpolluted environment.
The courts by allowing a case to be filed as PIL have shown that the
procedure cannot come in the way of ensuring that the justice is
done.
For example : In Tarun Bhagat Sangh Alwar v. Union of India,
a social action group challenged the legality of granting a
mining license in the protected area of a forest. Upholding
the contention, the Supreme Court observed : This litigation
should not be treated as the usual adversarial litigation.
Petitioners are aid of a purpose high on the national agenda.
Petitioners concern for the environment, ecology and the
wildlife should be shared by the Government.
Above observation of the Court is important as it emphasizes
the rationale of PIL in environmental issues. Any person who
raises an environmental issue, whether individual, group or
institution is equally concerned with the problem as is the
State. And such litigation can never be considered as one of

adversarial confrontation with the State.
Issues : The range of issues in PILs on protection of environment
has been very broad. It extends from compassion to animals and
privileges of tribal people and fishermen, to the eco-system of the
Himalayas and forests, eco-tourism, land use patterns and
problems facing a village due to ecological damage.
Players : The cause of environment has been taken up before
courts through PIL by a wide spectrum of people in society.
Lawyers, association of lawyers, environmentalists, groups and
centers dedicated to environment protection, welfare forums,
consumer research centers, etc have successfully agitated
environmental issues before Courts.
Particularly, Shri M. C. Mehta, an established environmental
activist and lawyer, has played pivotal role in development of
Environmental law and judicial activism in India.
Many landmark judgments have come through the means of Public
Interest Litigation (PIL).
From making the polluter to compensate for the pollution
caused by it to declaring the concept of absolute liability for
industries involved in inherently dangerous or hazardous
activities,
From forest preservation to initiatives for addressing the lack
of civic amenities,
From pollution of river Ganga to the kind of air people breath
in Delhi,
From directing the closure of mining operations posing
environmental risk to protecting Taj Mahal from losing its
shine because of air pollution;
ALL these issues have been taken up by the courts in India to
promote the objective of a clean and healthy environment. Some of
such landmark cases include following :
1. The Precautionary Principle came to be directly applied in
M. C. Mehta v. Union of India, for protecting the Taj Mahal in
Agra from air pollution. Expert studies proved that emissions
from coke/ coal based industries in the vicinity of Taj Mahal
had damaging effect on Taj Mahal. The Supreme Court

ordered that the potential polluters had to change over to
natural gas as an industrial fuel and those that were not in a
position to obtain gas connections for any reason should stop
functioning in the vicinity of Taj Mahal and relocate
themselves outside the demarcated area within a stipulated
time.
2. In CERC v. Union of India, the rights to livelihood and
clean environment are of grave concern to the courts
whenever they issue a direction in an environmental case.
Labourers engaged in the asbestos industry were declared to
be entitled to medical benefits and compensation for health
hazards which were detected after retirement by the
Honourable Supreme Court.
3. Filling gaps in administration : In many cases courts have
issued directions to remind local Government authorities of
their responsibility to protect the environment, by giving
directions to local bodies, especially municipal authorities, to
remove garbage and waste and clean towns and cities.
4. Environmental awareness and education : The Supreme
Court has also played active role to spread environmental
awareness and literacy as well as the launching of
environmental education not only at the school level, but also
at the college level. In M. C. Mehta v. Union of India, the
Supreme Court emphasised the need for the awareness of
environmental protection. The Court also required every
State Government and Education Boards to take steps for
environmental education.
5. The Delhi Vehicular Pollution Case : The PIL was filed by
M. C. Mehta in 1985. It is a citizen standing case in which M.
C. Mehta expressed his concern about the alarming rise in
the levels of air pollutants and suspended particulate matters
in the atmosphere over the city of New Delhi and the
surrounding region. The Court responded by applying the
precautionary principle to the auto fuel policy and directed
the authorities to introduce and use unleaded fuel in a three-
phased manner, starting in Delhi and encompassing all India
by 2001.
Summary :
Thus, it is clear from the above discussion that the PIL has
played a very important role in the field of environment
protection by empowering the courts in India to do whatever
it can for this noble cause.
Q : 2014 : Discuss : Public trust doctrine

Q : 2015 : Discuss : M C Mehta -vs- Kamalnath (1977)1 SCC 388
(public trust doctrine case)
Ans :
The Public Trust Doctrine is the principle that certain resources are
preserved for public use, and that the government is required to
maintain them for the reasonable use of the public. The doctrine
enjoins upon the government to protect the resources for the
enjoyment of the general public rather than to permit their use for
private ownership or for commercial purposes.
The Public Trust Doctrine primarily rests on the principle that
certain resources like air, sea water and the forests have such a
great importance to the people as a whole that it would be wholly
unjustified to make them a subject of private ownership. The said
resources being gifts of nature, they should be made freely
available to everyone, irrespective of the status in life.
The State is the Trustee of all natural resources, which are by
nature meant for public use and enjoyment. Public at large is the
beneficiary of the sea-shore, running waters, air, forests and
ecologically fragile lands. The State as Trustee is under a legal
duty to protect the natural resources. These resources meant for
public use cannot be converted into private ownership.
These resources are not to be frittered away and exhausted by any
one generation. Every generation owes a duty to all succeeding
generations to develop and conserve the natural resources of the
nations in the best possible way. This is in the interest of the nation
as well as in the interest of the mankind.
Supreme Court on Public Trust Doctrine :
Hon'able Supreme Court applied the Doctrine of Public Trust

with regard to the protection and preservation of natural
resources. The court ruled that there is no justifiable reason
to rule out the application of the Public Trust Doctrine to all
eco systems in India. The Supreme Court stated that the
Public Trust Doctrine primarily rests on the principle that
certain resources like air, sea, waters and forests have such
great importance to the people as a whole that it would not
be justified to make these resources a subject of private
ownership.
The Hon'able Supreme Court held that the Mahapalika, as a
trustee for the proper management of the park, has to be
more cautious in dealing with its properties. The maintenance
of the park because of its historical importance and
environmental necessity was in itself a public purpose. If the
true nature of the park, as it existed is destroyed, it would be
violative of the Doctrine of Public Trust.
Summary : Public Trust Doctrine imposes three kinds of restrictions
on the State :
the property must not only be used for a public purpose, it
must be available for use by the general public;
the property must not be sold, even for fair cash equivalent;
and
the property must be maintained for particular kind of uses,
such as navigation, recreation, or fishery
Under this Doctrine, the State has a duty as a Trustee under
Article 48A of the Constitution of India to protect and improve
the environment and safeguard the forests and wildlife of the
country. While applying Article 21 of the Constitution of India
(right to life), the State is obliged to take account of Article 48A
of Directive Principle of State Policy. The States trusteeship
duties have been expanded to include a right to a healthy
environment.
M C Mehta -vs- Kamalnath (1977)1 SCC 388 (public trust doctrine
case) :
The watershed, in development of the doctrine of public trust
in India, came about after the decision of the Supreme Court
in the M. C. Mehta v. Kamal Nath case wherein Justice Kuldip

Singh while delivering the judgment relied extensively on the
doctrine of public trust.
The case dealt with certain forest land which was given on
lease to the Motel by the state government situated at the
bank of River Beas. The area which was ecologically fragile
and full of scenic beauty should not have been permitted to
be converted into private ownership and for commercial
gains.
The Supreme Court pointed out that our legal system is
based on the English common law which in turn includes the
doctrine of public trust intrinsic to its jurisprudence. The
State is the trustee of all natural resources which are by
nature meant for the use and enjoyment of the general
public. Public at large is the beneficiary of the seashore,
running waters, airs forests and ecologically fragile lands
they have the right to access and enjoyment of such
resources. The state is the trustee to such public resources
and consequently it is under a legal duty to protect the
natural resources. These resources meant for pubic use
cannot be converted into private ownership.
The court directed and ordered that the public trust doctrine
is a part of the law of the land and that the prior approval
granted to the government to lease the forest land for the
creation of the motel is quashed and that the government of
Himachal Pradesh shall take over the areas and restore it to
its original natural conditions.
Significantly the court also ordered that the motel shall pay
compensation by way of cost for the restitution of the
environment and ecology of the area. The court also asked
the motel to show cause as to why pollution fine in addition
be not imposed on the motel.
Q : 2015 : Explain the essential features of sustainable development,

polluter pays principle, and precautionary principle. How they are
incorporated under the Environmental Law in India?
Q : HOW sustainable development, polluter pays principle, and

precautionary principle are incorporated under the environmental
laws in India ?
Ans :
'Polluter pays principle' and Precautionary Principle play very
significant role in Sustainable Development.
The Environment Protection Act, 1986 expressly empowers the
government to take all such measures as it deems necessary or
expedient for the purpose of protecting and improving the quality of
environment. Thus, it includes,
(Precautionary principle) precautionary actions to avoid
environmental damage, as well as,
(Polluter pays principle) subsequent actions to recover
environmental costs as well as direct costs to the people or
property from the polluter.
Here follows the detailed discussion on all the three principles :
Sustainable Development ?
Click on above link.
Polluter pays principle :
In simple words The Polluter Pays Principle is the commonly

accepted practice that those who produce pollution should
bear the costs of (i) managing it to prevent damage to
human health or the environment, (ii) restoring the
environment to its un-polluted state.
For instance, a factory that produces a potentially poisonous
substance as a by-product of its activities is usually held
responsible for its safe disposal.
According to polluter pays principle, manufacturers and
importers of products should bear (Extended Producer
Responsibility) the responsibility for the environmental
impacts of their products throughout the product life-cycle,
including,
upstream impacts inherent in the selection of materials

for the products,
impacts from manufacturers production processes itself,
and
downstream impacts from the use and disposal of the
products.
The Supreme Court of India interpreted Polluter Pays
principle as the absolute liability for harm to the
environment extends not only to compensate the victims of
pollution but also the cost of restoring the environmental
degradation.
Rio Declaration of 1992 : The Polluter Pays Principle finds
prominent place in the Rio Declaration of 1992. Principle 16
of the Declaration proclaims that national authorities should
endeavor to promote the internationalization of
environmental costs and the use of economic instruments,
taking into account the approach that the polluter should
bear the cost of pollution, with due regard to the public
interest and without distorting international trade and
investment.
Two-Fold Liability : The Polluter Pays Principle exposes the
polluter to two fold liability namely :
(i) Compensation to the victims of pollution; and
(ii) Ecological restoration
Important ----> But despite its different impact on

pollution, the doctrine of Polluter Pays Principle is limited in
the sense that it can be applied only at the remedial stage
i.e. after the pollution has already taken place. It means one
may pay and pollute.
Precautionary principle :
The Precautionary Principle says that a substance or activity

posing a threat to the environment should be prevented from
adversely affecting it, even if there is no conclusive scientific
proof linking that particular substance or activity to the
environmental damage.
Inadequacies of science are the real basis that has led to

the emergence of Precautionary Principle. The Principle is
based on the theory that it is better to be on the side of
caution and prevent environmental harm which may
indeed become irreversible.
Precautionary Principle plays a significant role in
determining whether the development process is sustainable
or not. Precautionary Principle underlies sustainable
development which requires that the developmental activity
must be stopped and prevented if it causes serious and
irreversible environmental damage.
Rio Declaration : The Precautionary Principle has been given
utmost importance in the United Nations Conference on
Environment and Development held at Rio in 1992. Principle
15 of the Rio Declaration states : In order to protect the
environment, the precautionary approach shall be widely
applied by the States according to their capabilities, where
there are threats as serious as of irreversible environmental
degradation.
The Supreme Court of India in case of Vellore Citizens Forum
v. Union of India, held that the Precautionary Principle is a
part of the environmental law of the country.
The essential ingredients of Precautionary Principle are :
Environmental measures by the State Government & the
statutory authorities like state pollution boards must
anticipate, prevent and attack the causes of environment
degradation.
Where there are threats of serious and irreversible
damage, lack of scientific certainty should not be used as
a reason for postponing measures to prevent
environmental degradation.
Go To Contents
Module-3) Legislations for the protection of Environment :
3..1) Offences, Remedies and Procedure for prevention of

Water Pollution under the Water (Prevention and Control of
Pollution) Act, 1974
3..2) Offences, Remedies and Procedure for prevention of Air
Pollution under the Air (Prevention and Control of Pollution)
Act, 1981
3..3) Noise Pollution : Causes, effects and control measures
3..4) Environment (Protection) Act, 1986 : Need to enact this
legislation, Powers of the Central Government, Provisions for
Prevention, Control and Abatement of Environmental Pollution :
Offences & Punishment
3..5) Special provisions relating to Hazardous Process :
Chapter IV-A of the Factories Act, 1948
3..6) Criminal Procedure Code : Public Nuisance Sec. 133-143
Q : 2012 : Discuss the function of central and state board under the Water
(prevention and control of pollution) Act 1974 and what are the provisions
relating to appeal and revision against the order of board.
Q : 2015 : Discuss : Functions of central board (under water act)
Q : 2013, 4 : Explain procedure for collecting samples under the Water
pollution Act
Q : 2013 : Discuss the functions of state board and central board under Air
(prevention and control of pollution) Act 1981
Q : 2013 : Explain provision relating to appeal and revision against the
order of the board under Air (prevention and control of pollution) Act
1981
Q : 2013 : Discuss the provisions relating to restrictions on use of certain
industrial plants under Air (prevention and control of pollution) Act
1981
Q : 2015 : Shortnote procedure for taking air samples
---> Q : Noise Pollution : Causes, effects and control measures
Q : 2012, 3 : What was the necessity to enact The Environment
(protection) Act 1986? Explain the causes, aims and objectives of the act.
Q : 2013 : What are the remedies to prevent pollution under

Environmental (protection) Act 1986
Q : 2014 : Environment Protection Act 1986 is teeth-less tiger, explain
this statement.
Q : 2015 : Write note : Environmental laboratories
Q : 2014, 5 : What is hazardous process ? Discuss the provisions relating to
hazardous process under Factories Act 1948.
Q : 2013 : Write short note : Special provisions related to hazardous
substances under Factories Act 1948 (with reference to Bhopal gas)
Q : 2014, 5 : Discuss : Absolute Liability principle
Q : 2015 : Discuss : M C Mehta -vs- Union of India (Shree Ram Food's
case)
-----> Q : Discuss : Criminal Procedure Code : Public Nuisance Sec. 133-
143
Go To Contents
Module-3 ANSWERS :
Q : 2012 : Discuss the function of central and state board under the Water
(prevention and control of pollution) Act 1974 and what are the provisions
relating to appeal and revision against the order of board.
Q : 2015 : Discuss : Functions of central board (under water act)
Q : 2013, 4 : Explain procedure for collecting samples under the
Water pollution Act
Ans :
The Pollution Control Boards are statutory bodies constituted with
an objective to protect and promote the atmosphere and to control
pollution.
The Water (Prevention and Control of Pollution) Act was passed in
1975. It was the first legislation which systematically dealt with
issues of water pollution in India. It is expansive and applies to
streams, inland waters, subterranean waters and sea or tidal
waters.
The Act expressly prohibits the use of streams or wells for
disposal of polluting waters. This section defines the offences
against the Act. The essence of the offence is causing a

qualitative change in the water of a stream or a well.
Definitions : The Act lays down a few important definitions in
Section 2:
Occupier : is the person who has control over the affairs of
the factory or the premises.
Water Pollution : is contamination of water or alteration of
the physical, chemical, or biological properties of water or
such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water, directly or
indirectly, or is likely to create a nuisance, or render such
water harmful or injurious to public health or safety or to
domestic, commercial, industrial, agriculture or any other
legitimate uses, or to the life and health of animals or plants
or of aquatic animals.
Trade effluent : is any liquid, gaseous or solid substance
which is discharged from any premises used for carrying on
any industry, operation or process or treatment and disposal
system, other than domestic sewage.
Sewage Effluent : is effluent from any sewerage system or
sewage disposal works and includes sullage from open
drains.
Stream : includes river, water course (whether flowing or for
the time being dry), inland water (whether natural or
artificial), sub-terranean waters, sea or tidal water to such
extent or as the case may be to such point as the state
government may by notification in the official gazette specify
in the behalf.
The Water (Prevention and Control of Pollution) Act works through a
system of command and control by establishing Central and State
Pollution Control Boards which prescribes standards of discharge
and exceeding such standards are met with penalties which include
fines and imprisonment.
Important Provisions of the Water (Prevention and Control of
Pollution) Act :
The Act empowers the Central and State Government to set
up Labs and appoint analysts.
The CPCB and the SPCB are also empowered to make rules
for the implementation of the Water Act.
States with common borders can establish Joint State Boards
with shared resources.
CPCB and SPCB have legal personalities and can acquire and
dispose of property, can sue and be sued.
The CPCB functions under the authority of the Central
Government.
The SPCB functions under the dual authority of the respective
State Government and the CPCB.
In case of a conflict between the SPCB and CPCB, the matter
is referred to the Central Government.
Members of these Boards occupy important positions in the
Act as they are the ones who enforce and execute the
provisions of the Act. The Act lays down the terms and
conditions of service of the members of the Boards along
with the powers to give directions, to obtain information, to
take samples of effluents and to enter and inspect premises
which discharge effluents.
Functions of central board (under water act) :
Advise the Central Government on any matter concerning

prevention and control of water pollution and improvement of
the quality of water.
Plan and cause to be executed a nation-wide programme for
the prevention, control or abatement of water pollution.
To coordinate the activities of the State Boards and resolve
disputes among them. To provide technical assistance and
guidance to the State Boards, carry out and sponsor
investigation and research relating to problems of water
pollution, and for their prevention, control or abatement.
organize training programmes for officers involved in
prevention and control of water pollution
Prepare manuals, codes and guidelines relating to treatment
and disposal of sewage and trade effluents.
Lay down or modify (in consultation of the State

Governments), the standards for streams or wells.
Functions of state board (under water act) :
To advise the State Government on matter concerning

prevention and control of water pollution and on siting of
industries;
To plan programmes for pollution control;
To collect and disseminate information;
To organize training programmes for officer involved in
prevention and control of water pollution,
To lay down effluent and emission standards; and
To lay down standards and evolve economical and reliable
methods of treatment of effluents
To carry out inspection of polluting industries and areas;
To issue consent to industries and other activities for
compliance of prescribed emission and effluent standards
Offence : It is an offence under the Act to pull down, destroy or
deface any installation made under the authority of the Board, or to
obstruct any person engaged in discharge of his or her duties under
the Act, or to damage any property belonging to the Board, or to
fail to furnish information or to fail to intimate the occurrence of an
accident to Board officials, or to knowingly give false information
and furnish false information to obtain the consent of the board.
Penalty : The penal provisions provided in the Act are
comprehensive. An offender under the Act shall on conviction be
punishable with imprisonment for a term which may extend to three
months or with a fine which may extend to Rs 5000 or with both,
and in case the failure to comply continues, an additional fine of Rs
1000, for every day of the violation.
Burden of liability : Where an offence under this Act has been
committed by a company, every person who at the time the offence
was committed was in charge of and responsible to the company
shall be deemed to be guilty of the offence, except when he or she
can prove that the offence was committed without their knowledge
or that he or she had exercised due diligence to prevent the
offence. The Act provides for punishment also to those who give
consent to the offensive act or connive in the Act, be it the director,
the manager, the secretary or any other official of the company.
Provisions relating to appeal and revision against the board (under
water act) :
Review by an appellant authority : Under the Act the SPCB's
decisions are subject to a review by an appellant authority
appointed by the State Government. Impositions of
unreasonable conditions can be annulled or varied by the
State Government by giving the SPCB an opportunity of
being heard. The Act bars the jurisdiction of civil court to
entertain any suit or proceedings when the appellate
authority is determining any action taken or to be taken
under this Act.
Procedure for collecting samples under the Water pollution Act :

Sec-21 of the Water (Prevention and Control of Pollution) Act 1974
prescribes power and procedure for taking samples.
A State Board or any officer empowered by it shall have
power to take samples for the purpose of analysis from any
stream or well or sewage or trade effluent.
The result of any analysis of such a sample shall not be
admissible in evidence in a legal proceeding unless following
procedure is complied with
When a sample of any sewage or trade effluent is taken for
analysis, the person taking the sample shall --
(a) serve notice on the occupier (or his agent) of the plant
of his intention to have the sample so analysed;
(b) in the presence of the occupier or his agent, divide the
sample into two parts;
(c) cause each part to be placed in a container which shall
be marked and sealed and shall also be signed both by
the person taking the sample and the occupier or his
agent;
(d) send one container forthwith, to a reconized
laboratory
(e) on the request of the occupier or his agent to send the

second container to a recognized laboratory
When the occupier or his agent wilfully absents himself while
taking the sample, then, -
(a) the sample so taken shall be placed in a container
which shall be marked and sealed and shall also be signed
by the person taking the sample and the same shall be
sent forthwith to a reconnized laboratory and such person
shall inform the concerned Government analyst in writing
about the wilful absence of the occupier or his agent; and
(b) the cost incurred in getting such sample analysed shall
be payable by the occupier or his agent and in case of
default of such payment, the same shall be recoverable
from the occupier or his agent, as the case may be, as an
arrear of land revenue or of public demand:
Provided that no such recovery shall be made unless the
occupier or, as the case may be, his agent has been given a
reasonable opportunity of being heard in the matter.
When a sample of any sewage or trade effluent is taken for
analysis and the person taking the sample serves on the
occupier or his agent a notice and the occupier or his agent
who is present at the time of taking the sample does not
make a request for dividing the sample into two parts, then
the sample so taken shall be placed in a container which shall
be marked and sealed and shall also be signed by the person
taking the sample and the same shall be sent forthwith to a
reconized laboratory
Q : 2013 : Discuss the functions of state board and central board under
Air (prevention and control of pollution) Act 1981
Q : 2013 : Explain provision relating to appeal and revision against
the order of the board under Air (prevention and control of
pollution) Act 1981
Q : 2013 : Discuss the provisions relating to restrictions on use of
certain industrial plants under Air (prevention and control of
pollution) Act 1981
Q : 2015 : Shortnote procedure for taking air samples

Ans :
The Pollution Control Boards are statutory bodies constituted with
an objective to protect and promote the atmosphere and to control
pollution.
The Air (Prevention and Control of Pollution) Act, 1981 was enacted
by the Parliament in pursuance to the Stockholm Declaration in
1972.
The Act is mirrored on the Water (Prevention and Control of
Pollution) Act, 1974 where the Act has been passed by the
Central Government but the executive functions are carried
out by the State Pollution Control Boards (SPCB).
The Air (Prevention and Control of Pollution) RULEs- These Rules
have been adopted in 1982. The rules define the procedures for the
meeting of the boards, the powers of the presiding officers,
decision-making procedures including quorum, the manner in which
records of meeting are to be kept etc. The rules also prescribe the
manner and purpose of seeking assistance from specialists and the
fee to be paid to them.
Definitions : Section 2 of the Act gives out a few important
definitions :
Air Pollutant- Any solid, liquid or gaseous substance present
in the atmosphere in such concentration as may be injurious
to human beings or other living creatures or plants or
property or environment.
Approved Appliances- Any equipment or gadget used for the
bringing of any combustible material or for generating or
consuming any fume, gas of any particulate matter and
approved by the State Board.
Control Equipment- Any apparatus, device, equipment or
system to control the quality and manner of emission of any
air pollutant and includes any device used for securing the
efficient operation of any industrial plant.
Industrial Plant- Any plant used for any industrial or trade
purposes and emitting any air pollutant into the atmosphere.
Emissions- Any solid or liquid or gaseous substance coming

out of any chimney, duct or any other outlet
Occupier : is the person who has control over the affairs of
the factory or the premises.
Provisions of the Act :
The Act constitutes the Central Pollution Control Board

(CPCB) and the State Pollution Control Boards (SPCB), on the
same lines as the Water Act.
The jurisdictions of the State Boards are common under both
the Acts.
The Air Act provides for State boards even in states which do
not have pollution control boards established under the Water
Act.
The Act says that no person shall, without the previous
consent of the State Board, establish or operate any
industrial plant in an Air Pollution Control Area.
No person operating any industrial plant, in any air pollution
control area shall discharge or cause or permit to be
discharged the emission of any air pollutant in excess of the
standards laid down by the State Board.
The PCBs are to be provided information immediately in case
there is an emission more than the stipulated standards
because of an accident or an unforeseen event. The boards
are authorized to take immediate measures to meet grave
emergencies and recover from the persons concerned the
expenses incurred in the process.
If a unit is emitting air pollutant in excess of the standards
laid down by the State Board, in any air pollution control
area, the Board may make an application to a court.
Functions of state board and central board under Air (prevention
and control of pollution) Act 1981 :
Both the Board shall perform functions for the prevention,
Control and abatement of air pollution.
The Central Board under this Act advises the Central
Government, plans and executes nationwide programs, and
coordinates the activities of the State boards. Central

Government has the power to issue binding directions to the
Central board and the State boards.
The functions of the SPCB similarly consist of implementation
of the ground objectives spelt out under the Act.
If the State Government, after consultation with the State
Board, is of opinion that the use/ burning of any material in
any Air Pollution Control area or part thereof may cause or is
likely to cause air pollution, State Board has the power to
prohibit the use of such fuel/ material in such area or part of
that area.
The State boards are empowered to ask for accurate
information, to have its inspectors enter, enquire and verify
compliance of standards, take samples of emissions from any
chimney or duct, secure analyses of the sample taken and
punish the offenders.
The authorised person under the Act can enter any place to
obtain information relevant to the Act, examine and test any
control equipment, industrial plant or any document.
The State Government is also empowered to declare any
area within the State as an air pollution control area.
Penalties under the Act :
The penalties prescribed under the Act are quite similar to

those laid down under the Water Act, which is imprisonment
for three months or a fine which may extend to Rs 10,000.
In case of continuing contravention an additional fine of Rs
5000, for every day of the contravention.
The Act applies even to Government departments, but has a
provision to protect action taken in good faith.
Provision relating to appeal and revision against the order of the
board (Air Act 1981) :
The industry can make an appeal if aggrieved against the
orders of the Board.
The punishments imposed are subject to review by an
appellate authority, and no injunction is to be granted by any
court in respect of any action taken in pursuance of any

power conferred under this Act.
Restrictions on use of certain industrial plants under (Air Act
1981) :
Declaration of restricted areas- Air pollution in the Act is
sought to be combated by means of declaration of restricted
areas, prohibition of the use of pollution fuel and substances,
as well as by regulating the appliances that give rise to air
pollution.
The State boards are authorized to implement the standards
set by the Central Board, restrict the operation of certain
industrial plants and issue consent orders on payment of a
prescribed fee, upon conditions deemed necessary for the
abatement of pollution. Non-compliance with the conditions
will lead to the cancellation of the consent which, in turn,
raises the culpability and liability of the offending individual
or industry. Every person who has obtained the consent is
expected to install control equipment specified by the board.
The person concerned is also expected to keep the
equipment in good condition.
After the Amendment of the Act in 1987, the Act gives the
power to issue directions, including closure, prohibition or
regulation of any industry, and the power to stop or regulate
the supply of electricity, water or any other service.
Procedure for taking air samples : Section-26 of the Air (prevention
and control of pollution) Act 1981 prescribes powers and procedure
for taking samples of air.
A State Board or any officer empowered by it shall have
power to take, for the purpose of analysis, samples of air or
emission from any chimney, flue or duct or any other outlet
in such manner as may be prescribed.
The result of any analysis of such a sample of emission shall
not be admissible in evidence in any legal proceeding unless
following procedure are complied with :
When a sample of emission is taken, the person taking
the sample shall-
(a) serve on the occupier or his agent, a notice,

then and there, in such form as may be prescribed,
of his intention to have the sample so analyzed;
(b) in the presence of the occupier or his agent,
collect a sample of emission for analysis;
(c) cause the sample to be placed in a container or
containers which shall be marked and sealed and
shall also be signed both by the person taking the
sample and the occupier or his agent;
(d) send, without delay, the container to a
laboratory which is recognized by the State Board
When a sample of emission is taken for analysis and the
person taking the sample serves on the occupier or his
agent, then,-
(a) in a case where the occupier or his agent
willfully absents himself, the person taking the
sample shall collect the sample of emission for
analysis to be placed in a container or containers
which shall be marked and sealed and shall also be
signed by the person taking the sample, and
(b) in a case where the occupier or his agent is
present at the time of taking the sample but
refuses to sign the marked and sealed container or
containers of the sample of emission, the marked
and sealed container or containers shall be signed
by the person taking the sample, and the container
or containers shall be sent without delay by the
person taking the sample for analysis to a
recognized laboratory, and such person shall inform
the Government analyst in writing about the willful
absence of the occupier or his agent, or his refusal
to sign the container or containers.
Q : Noise Pollution : Causes, effects and control measures

Ans :
Go To following link : Noise Pollution
Q : 2012, 3 : What was the necessity to enact The Environment

(protection) Act 1986? Explain the causes, aims and objectives of the act.
Q : 2013 : What are the remedies to prevent pollution under
Environmental (protection) Act 1986
Q : 2014 : Environment Protection Act 1986 is teeth-less tiger,
explain this statement.
Ans :
Causes to enact The Environment (protection) Act 1986 :
In pursuance to the Stockholm Declaration 1972 to which

India is a signatory, the Environmental (Protection) Act, 1986
was enacted, as an umbrella legislation for environmental
protection and regulation of developmental activities. The
Ministry of Environment and Forest was created in 1985.
After the Bhopal Gas Tragedy took place in 1986, there was a
sense of urgency to prevent such catastrophic incidents by
creating a mechanism incorporating planning, policy making
and co-ordination of action between the Central and State
Governments.
Purpose (aims and objectives) of the Act :
The purpose behind creating the Act was to give force to the
Article 48(A) of the Constitution of India which states The
State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the
country.
The Act also gave force to Article 51(A)(g) of the Constitution
of India which states that "It shall be the duty of every
citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wild life, and
to have compassion for living creatures.
Important Definitions : The Act provides for a few important

definitions:
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
Environmental pollutant means any solid, liquid or gaseous
substance present in such concentration as may be, or tend
to be, injurious to environment
Environmental pollution means the presence in the
environment of any environmental pollutant
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
Hazardous substance means any substance or preparation
which, by reason of its chemical or physico-chemical
properties or handling, is liable to cause harm to human
beings, other living creatures, plants, micro-organism
property or the environment
Occupier, in relation to any factory or premises, means a
person who has control over the affairs of the factory or the
premises and includes, in relation to any substance, the
person in possession of the substance
Prescribed means prescribed by rules made under this Act
Provisions of the Act :
The Act empowers the Ministry of Environment and Forest

(MoEF) to lay down standards for environmental quality;
emissions or discharge of environmental pollutants from
various sources, devise procedures for handling hazardous
substances, formulate rules for locating industry, mandating
compulsory reporting of environment pollution by industry
and provide for recovery of costs of cleanup from the
polluter.
The Act creates an Authority to exercise powers to fulfill the
provisions of the Act and gives the Government of India to
lay down directions on which the appointed Authority must

act to fulfill the provisions in the Act.
The Government is empowered to make rules to regulate
environmental pollution. The MoEF is responsible for making
rules to implement the EPA and has adopted industry specific
standards for effluent discharge and emissions for 24
designated industries.
The Act sets standards for the discharge of pollutants for
industries and lays down procedures and standards for
person handling hazardous substances. The Act expressly
states that those persons who are carrying on industry,
operations etc., are not to allow emission or discharge of
environmental pollutants in excess of the standards.
The Act lays down rules for furnishing of information to
authorities and agencies in certain cases.
In cases where discharge of an environmental pollutant
occurs in excess of the prescribed standards, or there is an
apprehension of this occurring due to an accident or some
other unforeseen event, then the person who is in charge at
that particular time is responsible for preventing
environmental pollution due to the said discharge. It is the
responsibility of the person to intimate the occurrence of the
discharge to the CPCB/ SPCB (Central/ State Pollution Control
Board), and provide all possible assistance to the regulatory
agencies to counter the ill effects of the discharge. All
expenses incurred by the regulatory agency in undertaking
remedial measures may be recovered from the polluter.
The Authority has the Powers of entry and inspection of
industrial sites and the power to take samples. The search
and seizure authority provided in the earlier section is
supplemented with the power to take samples of air, water,
soil or any other substance from the factory premises.
The Act establishes Environmental laboratories. The samples
collected are to be sent to notified laboratories for analysis
under Government analysts with specific qualifications. The
functions of environmental laboratories and the qualifications
of Government analysts are described in the Environment

(Protection) Rules, 1986.
Penalties under the Act : The Act lays down penalties in case of
unlawful discharge of pollutants.
The person responsible for such discharge is liable for
punishment for a term which may extend to five years and a
fine which may not go beyond one lakh rupees or both. If
one does not comply with the penalty, they will be liable to
pay Rs. 5000 per day for every day of non-compliance, and if
the non-compliance stands for more than a year, then
imprisonment may extend to seven years.
If the pollutant has been discharged by any department of
government, the head of the department shall be deemed to
be guilty of the offence and shall be liable to be proceeded
against and punished accordingly along with any officer in
the department who is liable for the discharge.
The Environment (Protection) Rules, 1986 : These rules have been

made by the Central Government under the EPA.
The Rules lay down the procedure for setting standards of
emission of discharge of environmental pollutants, and
detailed norms for the directions that the Central
Government can issue.
The Rules also prescribe the parameters for the Central
Government, under which it can issue orders of prohibition
and restriction on the location and operation of industries in
different areas.
The Rules also lay down the procedure for taking samples,
serving notice, submitting samples for analysis and
submitting the laboratory report. The functions of
environmental laboratories are described under the Rules,
and the qualifications for the government analysts are also
laid down.
The Environment (protection) Act 1986, is a teeth-less tiger :
Though there are so many legislation in India aimed at

protecting the environment from pollution and for
maintaining the ecological balance, the environment has not
so far been considered in its totality. The Environment
(Protection) Act, 1986, enacted under Art. 253 of the
Constitution of India to implement the decisions made at the
United Nations Conference on Human Environment held at
Stockholm, 1972 was expected to fill the lacuna and provide
a blue print for a progressive policy for protecting the
ecosystem.
The EP Act seeks to supplement the existing laws on control
of pollution by enacting a general legislation for
environmental protection and to fill the gaps in regulations of
major environmental hazards. However, as it turned out to
be, it is at best a paper tiger or toothless tiger only meant to
assuage the feeling of so called environmentalists. The Act
has been invoked in very few cases.
It is sadly noteworthy that, after the exceptionally stringent
penal provisions provided under the Environment Protection
Act 1986, these same stringent penal provision are diluted
drastically under section 24(2) of the same.
Sec-24 Effect of other laws,
(1) Subject to the provisions of sub-section (2), the
provisions of this Act and the rules or orders made
therein shall have effect notwithstanding anything
inconsistent therewith contained in any enactment
other than this Act.
(2) Where an act or omission constitutes an offence
punishable under EPA and also under any other Act,
then the offender shall be liable to be punished
under the other Act and not under EP Act.
As is apparent from plain reading of Sec-24, both the
provision of Sec-24 are blatantly contradictory and
paradoxical. Such provisions often found in Indian Laws,
seem to ensure that the stringent penalties prescribed by the
EP Act remain on the paper only.
Thus, EP Act 1986 is a cobra without venom in its fangs. At

best EP Act has some academic value and serves as a safety
valve until legislatures plug the loopholes.
Q : 2015 : Write note : Environmental laboratories

Ans :
The Environment (Protection) Act 1986 Act establishes Environmental
laboratories under section-12.
Sec-12 : ENVIRONMENTAL LABORATORIES.-
(1) The Central Government may, by notification in the
Official Gazette,--
(a) establish one or more environmental laboratories;
(b) recognise one or more laboratories or institutes as
environmental laboratories to carry out the functions
entrusted to an environmental laboratory under this
Act .
(2) The Central Government may, by notification in the
Official Gazette, make rules specifying--
(a) the functions of the environmental laboratory;
(b) the procedure for the submission to the said
laboratory of samples of air, water, soil or other
substance for analysis or tests, the form of the
laboratory report thereon and the fees payable for
such report;
(c) such other matters as may be necessary or
expedient to enable that laboratory to carry out its
functions.
Under the Environment (Protection) Act, samples collected are to be

sent to notified laboratories for analysis under Government analysts
with specific qualifications.
The functions of environmental laboratories and the qualifications of
Government analysts are described in the Environment (Protection)
Rules, 1986.
Procedure for taking samples, serving notice, submitting samples for

analysis and submitting the laboratory report are also described in the
Environment (Protection) Rules, 1986. .
Some other relevant provisions of the Environment (Protection) Rules,
1986 pertain to standards for emission, issuance of specific directions
to an industry, prohibition and restriction on the location of industries
in different areas, and environmental audit report.
Summary : Environmental laboratories play very critical role in
enforcement of environmental laws through out the territory of India.
Q : 2014, 5 : What is hazardous process ? Discuss the provisions relating

to hazardous process under Factories Act 1948.
Q : 2013 : Write short note : Special provisions related to
hazardous substances under Factories Act 1948 (with reference to
Bhopal gas)
Q : 2014, 5 : Discuss : Absolute Liability principle
Q : 2015 : Discuss : M C Mehta -vs- Union of India (Shree Ram
Food's case)
Ans :
What is Hazardous Substance ? :
Definition of Hazardous Substance : 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
Hazardous substance may harm our environment and
hence there needs to be some guidelines for dealing with
such substances, so as to protect our environment from
the potential harm. An example of hazardous waste can
be industrial waste, which is waste collected from a
factory meant for manufacturing certain goods.
As such control and regulation of hazardous substances
has always been the main concern in the exercise of
environment protection.
HW (M&H) Rules 1989, a delegated legislation :

Hazardous Wastes (Management and Handling) Rules
1989 provide for a regulatory framework for the handling
of hazardous wastes.
HW (M&H) Rules 1989 were made by the Government of
India exercising its powers as delegated under Sec-3 and
Sec-8 of EP Act 1986 for the purpose of actual
implementation of the legislation enacted.
Sec-8 of the EP Act 1986 lays down that no person
shall handle or cause to be handled, any hazardous
substance, except in accordance with such
procedures and after complying with such
safeguards as may be prescribed.
Sec-3 of the EP Act 1986 authorizes the Central
Government to take measures, inter alia, with
respect to the procedures and safeguards for the
handling of hazardous substances.
In order to encourage the implementation of these rules
the MoEF has further brought out Guidelines for HW
(M&H) Rules in the year 1991.
Exceptions : Under Rule-2 of the HW (M&H) Rules 1989 it is
clarified that said rules do not apply to following :
waste water and exhause gases covered under the
provisions of Water Act or Air Act or rules framed there
under,
wastes arising out of operation of ships beyond 5 km from
baseline, which are covered under Merchant Shiping Act
1958
Radio-active waste which are covered under the Atomic
Energy Act 1962
Bio-medical waste which are covered under Bio-medical
Waste (M&H) Rules 1998,
Waste covered under Municipal Solid Waste (M&H) Rules
2000
Provisions relating to hazardous process under Factories Act 1948 :
Definition of Hazardous Substance : 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
Hazardous substance may harm our environment and
hence there needs to be some guidelines for dealing with
such substances, so as to protect our environment from
the potential harm. An example of hazardous waste can
be industrial waste, which is waste collected from a
factory meant for manufacturing certain goods.
As such control and regulation of hazardous substances
has always been the main concern in the exercise of
environment protection.
Special provisions relating to hazardous processes have been
envisaged under Chapter IV. A of the Factories Act, 1948.
This chapter was inserted by the Factories (Amendment) Act,
1987 and Consists of Sections 41 A to 41 H.
Salient provisions of the Chapter-IVA are as follows :
(Section 41A) Constitution of Site Appraisal Committees :
A Committee under the name Site Appraisal Committee
shall be constituted by the State Government to advise
the Government in the matter of examination of
application for establishment of factories involving
hazardous processes.
The Site Appraisal Committee shall examine an
application for the establishment of a factory involving
hazardous process and make its recommendation to the
State Government within a period of ninety days in the
prescribed from.
(Section 41B) Compulsory disclosure of information by the
occupier : It is compulsory on the part of the occupier of
every factory involving a hazardous process to disclose all
information regarding dangers, including health hazards
to the workers employed in the factory, to the Chief
Inspector, the local authority within whose jurisdiction the
factory is situated and also to the general public in the

vicinity.
(Section 41C) Specified responsibility of the occupier in
relation to hazardous processes : Accurate and up to date
health records or medical records of the workers of the
factory who are exposed to any chemical toxic or any
other harmful substances which are manufactured,
stored, handled or transported and such records shall be
maintained by the occupier of a factory involving any
hazardous process.
(Section 41D) Inquiry Committee : In the event of
occurrence of an extraordinary situation, the Central
Government may appoint an Inquiry Committee to inquire
into the standards of health and safety observed in the
factory with a view to finding out the causes of any failure
or neglect in the adoption of any measures prescribed for
the health and safety of the workers or the general public.
(Section 41E) Emergency standards : The Director
General of Factory Advice Service and Labour Institutes
may be directed by the Central Government to lay down
emergency standards in respect of hazardous process.
(Section 41F) Permissible limits of exposure of chemical
and toxic substances : The second Schedule added to the
Act, indicates maximum permissible threshold limits of
exposure of chemical and toxic substances in
manufacturing processes in any factory.
(Section 41G) Workers Participation in safety
management : The occupier in every factory shall set up a
safety committee consisting of equal number of
representatives of workers and management to promote
co operating between the workers and the management
in maintaining proper safety and health at work and to
review periodically the measure taken in that behalf
where hazardous process is involved.
(Section 41H) Warning about imminent danger : If there
is reasonable apprehension regarding likelihood of
imminent danger to the lives or health of the workers
employed in a factory, they may bring the same to the

notice of the occupier, agent, manager, etc.
Bhopal Gas : Absolute Liability principle :
http://www.legalservicesindia.com/article/article/legal-
aspects-of-the-bhopal-gas-tragedy-373-1.html
What is Absolute Liability : Absolute liability is a stricter form
of strict liability. It refers to the no fault theory liability in
which the wrongdoer is held absolutely liable for the act of
omission or commission without any defenses/ exceptions
which are available to the rule of strict liability. It is
applicable only to those people who are involved in
hazardous or inherently dangerous activity whereby they
become absolutely liable to full compensation for the harm
caused to anyone resulting from the operation of such
hazardous activity. The rule of absolute liability was first laid
down in M C Mehta v. Union of India (Oleum gas case)
Brief Facts of the Case : The Bhopal gas tragedy is, till date,
the worlds worst industrial disaster. It occurred in December
of 1984 at Bhopal in Madhya Pradesh. The tragedy was a
result of the leak of the methyl isocyanate (MIC) gas from
the Union Carbide India Ltd (UCIL) plant which manufactured
pesticides.
On the night of December 2-3, 1984, there was a leak of
the MIC gas which is considered to be the most toxic
chemical in industrial use. All around the city of Bhopal,
people were exposed to this gas and the immediate
effects of inhaling the gas were coughing, vomiting,
severe eye irritation and a feeling of suffocation.
Thousands of people died immediately and lakhs of people
sustained permanent injuries.
The Legal Battle: -
In the February of 1985, the Indian Government filed a
case in the U.S Court for a claim of $3.3 billons against
the Union Carbide Corporation. But by 1986 all of these
litigations in the U.S District were transferred to India on
the grounds of forum non convenience. It means that the
case should be transferred to a more convenient forum so

that the trial proceeds smoothly.
Meanwhile in March 1985, the Bhopal Gas Leak Disaster
(Processing of Claims) Act was passed which empowered
the Central Government to become the sole
representative of all the victims in all kinds of litigations
so that interests of the victims of the disaster are fully
protected and the claims for compensation are pursued
speedily.
In the year 1987, cases were filed in the Bhopal District
Court which ordered the Union Carbide Corporation to pay
350 crores as interim compensation. But the interim order
could not be decreed and therefore the UCC refused to
pay the amount.
Later on, at the High Court, this interim compensation
amount was reduced to 250 crores. Both the Union of
India and the UCC preferred appeals by special leave
against this High Court's order.
The Settlement Order: -
A major twist to these legal proceedings came through
the settlement order which was stroked out between the
Indian Government and the Union Carbide in an out of
Court settlement in February 1989.
Through this deal the liability of the Union Carbide was
fixed at $470 millions in full and final settlement of all
claims, rights, and liabilities arising out of the disaster. It
is noteworthy that $470 millions settlement is hardly 15%
of the original claim of $3.3 billions at the US Supreme
Court.
The terms of the settlement were such that it limited
liability under all future claims as well, whether they were
civil or criminal. This would mean that henceforth, all
kinds of liability arising out of the disaster could be fixed
only upon the Government of India and the Union Carbide
would be held liable only to the extent of $470 millions.
Challenge to the $470 million settlement :
Settlement order was between the Union of India and the

Union Carbide Corporation, whereas the actual people
who are going to be affected by such a settlement order
would be the victims of the tragedy. No notice was given
to any of the people whose interests would be affected.
Settlement also applied to future claims and this would
mean stifling prosecution and that it was opposed to
public policy. The order was also questioned for the
inadequacy of the compensation and for the absence of
any re opener clause. The absence of re opener clause is
a very significant issue as latency period for the
manifestation of the effects of the toxic injuries was
unpredictable and therefore the amount of compensation
was wrongly arrived at
1991 Supreme Court Judgment :
All these contentions were rejected by the Supreme Court
and the validity of the settlement order was upheld in the
case, Union Carbide Corporation v Union of India, the
judgment being delivered on October 3, 1991.
The Court was of the opinion that the subject matter of
the deal was not illegal and that there was no valid reason
to render the contract void. The settlement only limits the
liability of the Union Carbide and this does not affect the
victims in anyway because in any case the settlement
fund is to be found insufficient, then the deficiency is to
be made good by the Union of India. Thus, no liability
could be fixed on the Union Carbide.
The rationale behind the judgment was that withdrawal of
a prosecution with a good motive, such as providing relief
to the victims of a disaster is not opposed to public policy
and hence the deal would stand valid. The very basic
consideration motivating the conclusion of the settlement
order was the compelling need for urgent relief.
M C Mehta -vs- Union of India (Shree Ram Food's case) :
Ref : Sem-I Book pg-20, 29 -----

https://en.wikipedia.org/wiki/M._C._Mehta_v._Union_of_Indi
a
The 1985 case of M.C. Mehta v. Union of India originated in
the aftermath of oleum gas leak from Shriram Food and
Fertilizers Ltd. complex at Delhi. This gas leak occurred soon
after the infamous Bhopal gas leak and created a lot of panic
in Delhi. One person died in the incident and few were
hospitalized. The case lays down the principle of absolute
liability and the concept of deep pockets.
The main issue in the original writ petition which was filed in
order to obtain a direction for closure of the various units of
Shriram on the ground that they were hazardous to the
community.
But while the writ petition was pending there was escape of
oleum gas from one of the units of Shriram on 4 and 6
December 1985 and applications were filed by the Delhi Legal
Aid & Advice Board and the Delhi Bar Association for award of
compensation to the persons who had suffered harm on
account of escape of oleum gas.
The Court thought that these applications for compensation
raised certain important issues and those issues should be
addressed by a constitutional bench.
There was only one preliminary objection filed by the counsel
for the defendant, and this was that the Court should not
proceed to decide these constitutional issues since there was
no claim for compensation originally made in the writ petition
and these issues could not be said to arise on the writ
petition. However, the Court, while rejecting this objection,
said that though it is undoubtedly true that the petitioner
could have applied for amendment of the writ petition so as
to include a claim for compensation but merely because he
did not do so, the applications for compensation cannot be
thrown out. These applications for compensation are for
enforcement of the fundamental right to life enshrined in
Article 21 of the Constitution and while dealing with such
applications we cannot adopt a hyper-technical approach
which would defeat the ends of justice
Judgment :
It may now be taken as well settled that Article 32 does
not merely confer power on this Court to issue a direction,
order or writ for enforcement of the fundamental rights
but it also lays a constitutional obligation on this Court to
protect the fundamental rights of the people and for that
purpose this Court has all incidental and ancillary powers
including the power to forge new remedies and fashion
new strategies designed to enforce the fundamental
rights.
the activity of producing chemicals and fertilizers is
deemed by the State to be an industry of vital public
interest, whose public import necessitates that the activity
should be ultimately carried out by the State itself, in the
interim period with State support and under State control,
private corporations may also be permitted to supplement
the State effort. The argument of the applicants on the
basis of this premise was that in view of this declared
industrial policy of the State, even private corporations
manufacturing chemicals and fertilizers can be said to be
engaged in activities which are so fundamental to the
Society as to be necessarily considered government
functions
Where an enterprise is engaged in a hazardous or
inherently dangerous activity and harm results to anyone
on account of an accident in the operation of such
hazardous or inherently dangerous activity resulting, for
example, in escape of toxic gas the enterprise is strictly
and absolutely liable to compensate all those who are
affected by the accident and such liability is not subject to
any of the exceptions which operate vis--vis the tortious
principle of strict liability under the rule in Rylands v.
Fletcher.
Principle of deep pocket or affluence of defendants : We
would also like to point out that the measure of
compensation in the kind of cases referred to in the
preceding paragraph must be co-related to the magnitude
and capacity of the enterprise because such compensation
must have a deterrent effect. The larger and more

prosperous the enterprise, the greater must be the
amount of compensation payable by it for the harm
caused on account of an accident in the carrying on of the
hazardous or inherently dangerous activity by the
enterprise.
IMP-----> Q : Discuss : Criminal Procedure Code : Public Nuisance Sec.

133-143
Ans :
In simple words, Public Nuisance means anoyance or
inconvenience which materially interferes with the ordinary physical
comfort of human existence.
According to Section 268 of the Indian Penal Code, in order
to constitute a public nuisance, the injury, danger or
annoyance must be caused to the public, or to the people in
the vicinity or to persons who may have occasion to exercise
any public right.
The procedure to remove the public nuisances, which can be
redressed according to Section 133 of the Code of Criminal
Procedure, through conditional order is as follows :
CrPC Section 133 : Conditional order for removal of nuisance :
(1) Whenever a District Magistrate or a sub-divisional

Magistrate or any other Executive Magistrate specially
empowered in this behalf by the State Government, on
receiving the report of a police officer or other information
and on taking such evidence (if any) as he thinks fit,
considers
(a) That any unlawful obstruction or nuisance should be
removed from any public place or from any way, river or
channel which is or may be lawfully used by the public; or
(b) That the conduct of any trade or occupation, or the
keeping of any goods or merchandize, is injurious to the
health of physical comfort of the community, and that in
consequence such trade or occupation should be
prohibited or regulated or such goods or merchandize

should be removed or the keeping thereof regulated; or
(c) That the construction of any building or, the disposal
of any substance, as is likely to occasion conflagration or
explosion should be prevented or stopped; or
(d) That any building, tent or structure, or any tree is in
such a condition that it is likely to fall and thereby cause
injury to persons living or carrying on business in the
neighbourhood or passing by, and that in consequence the
removal, repair, or support of such building, tent or
structure, or the removal or support of such tree, is
necessary; or
(e) That any tank, well or excavation adjacent to any such
way or public place should be fenced in such manner as to
prevent danger arising to the public; or
(f) That any dangerous animal should be destroyed,
confined or otherwise disposed of,
such Magistrate may make a conditional order requiring
the person causing such obstruction or nuisance, or
carrying on such trade or occupation, or keeping any such
goods or merchandize, or owning, possessing or
controlling such building, tent, structure, substance, tank,
well or excavation, or owning or possessing such animal
or tree, within a time to be fixed in the order,
(i) To remove such obstruction or nuisance; or
(ii) To desist from carrying on, or to remove or
regulate in such manner as may be directed, such
trade or occupation, or to remove such goods or
merchandize, or to regulate the keeping thereof in
such manner as may be directed; or
(iii) To prevent or stop the construction of such
building, or to alter the disposal of such substance;
or
(iv) To remove, repair or support such building, tent
or structure, or to remove or support such trees; or
(v) To fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such

dangerous animal in the manner provided in the
said order; or if he objects so to do, to appear
before himself or some other Executive Magistrate
subordinate to him at a time and place to be fixed
by the order, and show cause, in the manner
hereafter provided, why the order should not be
made absolute.
(2) The order duly made by a Magistrate under Section 133
of the Code of Criminal Procedure shall not be called in
question in any civil Court.
What is 'public' :
According to Section 12 of the Indian Penal Code, the word

public includes any class of the public or community; but
that class must be numerically sufficient to be designated
the public. Therefore, one can opine that if a particular
individual or his family is only affected by the nuisance, such
nuisance cannot be considered to be a public nuisance and
hence its removal from any public place cannot be ordered
under Section 133.
However, as Section 133(1)(d) of CrPC 1973 does not specify
the minimum number of persons that should be living or
carrying on business in the neighbourhood, etc., the
requirement of the section is satisfied even if the danger is
confined to the members of a single household.
Sec-133 of CrPC does not deal with all potential nuisance but only
applies when the nuisance is in existence. Following are the
categories of cases which can be redressed under Section 133 of
the CrPC :-
1. The unlawful nuisance or obstruction to any way, river or
channel, lawfully used by the public or to a public place.
2. The construction of any building or the disposal of any
substance as is likely to occasion explosion or conflagration.
3. The conduct of any trade or occupation, or the keeping of

any goods or merchandise, injurious to health or physical
comfort of the community.
4. An unfenced tank, well or excavation near a public way or
place.
5. A building, tent and structure, or a tree as is likely to fall
and cause injury to persons.
6. A dangerous animal requiring destruction, confinement or
disposal.
Salient features :
The object of Section 133 is to prevent public nuisance that

may cause irrepairable damage to the public. However, if the
nuisance has been in existence for a long period, the
aggrieved party has to move the civil court for the remedy.
Under Section 133 of the CrPC, the Magistrate can act on
information received from any source either through a police
report or other report. Before passing a conditional order
under Section 133, a Magistrate is not bound to take
evidence, because the proceedings are entirely ex parte.
But, before making the order absolute, the Magistrate should
record the evidence. He must also accord an opportunity to
the persons concerned who are likely to be aggrieved. The
proceedings under Section 133 are more or less summary
and it cannot be kept pending for a long time.
eg An allegation was made that red chillies were stored in
godown in residential locality and loading, unloading thereof
was causing physical discomfort and injury to the health of
people in locality. The sub-divisional Magistrate upon
considering evidence of residents in locality came to the
conclusion that people in general suffered discomfort and
injury to physical health which amounted to public nuisance.
A general or unconditional order cannot be made under
Section 133. Every order must fix a time within which and a
place where a person to whom it is directed may appear
before the Magistrate and move to have the order set aside
or modified. The order should not be vague, indefinite or

ambiguous but must be such that the person to whom it is
directed must be able to learn as to what he is to do in order
to comply with it.
Other provision under CrPC are as follows :
Sec-134 Notification of order : The order passed under

Section 133 of the said Code, if practicable, be served on the
person against whom it is made, in the manner provided for
service of a summons. However, if such order cannot be
served, it shall be notified by proclamation, published in such
manner as the State Government may, by rules, direct and a
copy thereof shall be stuck up at such place or places as may
be fittest for conveying the information to such person.
Sec-135 Person to whom order is addressed to obey or show
cause against the same.
Sec-136 If such person does not perform such act or appear
and show cause, he shall be liable to the penalty prescribed
in that behalf in section 188 of the Indian Penal Code (45 of
1860,) and the order shall be made absolute
Sec-137 If such person denies existence of public right the
Magistrate shall inquire in to the matter. In case, on inquiry,
it is found that there is no public right, then Magistrate shall
wait until competant court decides on existance of public
right.
Sec-138 of the CrPC provides the Procedures where a person
appears to show cause against the order.
Sec-139-140 of the CrPC provides that the Magistrate may
order to local investigation or may seek experts opinion
while deciding the matter of public nuisance/public right
under the Code.
Sec-141 of the CrPC provides the procedure on order being
made absolute and consequences of disobedience to the
order. NB : A conditional order made under Section 133 of
the CrPC cannot be questioned by a civil suit, however there
is no such ban in respect of an absolute order.
Sec-142 of the Code makes provision to prevent imminent

injury or danger of a serious kind to the public.
Sec-143 of the Code provides that the offender may ordered
not to repeat or continue a public nuisance.
Section 133, CrPC dealing with public nuisance does NOT stand
impliedly repealed by Pollution Acts :
The area of operation in the CrPc and the pollution laws in
question are different with wholly different aims and objects.
And though they alleviate nuisance that is not of identical
nature, they operate in their respective fields and there is no
impediment for their existence side by side.
While as noted above the provisions of Section 133 of the
Code are in the nature of preventive measures, the
provisions contained in the two Acts are not only curative but
also preventive and penal.
Go To Contents
Module-4) Miscellaneous :
4..1) Public Liability Insurance Act, 1991 : Liabilities of owners,

Compulsory Insurance & Procedure for payment of
compensation,
4..2) Wild Life (Protection) Act, 1972 : Authorities : Hunting of
Wild Animals, Protected Areas, Offences
4..3) Forest Act, 1927 : Reserved Forests, Centuries, Powers of
Forest Officer
4..4) National Environmental Tribunals Act : Functions,
Jurisdiction
4..5) Prevention of Cruelty to the Animals Act : Objects & main
features
Q : 2012 : Explain the provisions regarding the liabilities of owners and
procedure for compensation as per Public Liability Insurance Act 1991.
Q : 2013 : Write short note : Principle of No fault liability under the

public liability insurance act 1991
Q : 2015 : Discuss : Environmental relief fund
Q : 2012, 3 : Write note on Constitution and function of wild life advisory
board
Q : 2013 : Write short note : Closed Area under Forest (conservation) Act
Q : Discuss : Reserved Forest, Protected Forest and Village Forest under
the Indian Forest Act 1927
Q : 2014 : Discuss : Reserved forest under the Forest Act
Q : 2015 : Explain the provisions relating to protected forest under the
Indian Forest Act 1927
Q : 2013 : Write short note : Power to enact rule by forest officers.
Q : Discuss in detail : NATIONAL GREEN TRIBUNAL (NGT)
Q : 2012 : Write note on national environmental tribunal
Q : 2015 : Write note : power of national environmental authority.
Q : Prevention of Cruelty to the Animals Act : Objects & main features
Q : 2015 : Discuss : Cruelty to animals
Go To Contents
Module-4 ANSWERS :
Q : 2012 : Explain the provisions regarding the liabilities of owners and
procedure for compensation as per Public Liability Insurance Act 1991.
Q : 2013 : Write short note : Principle of No fault liability under
the public liability insurance act 1991
Ans :
Principle of No fault liability :
As is often the case, people who are victims of industrial

accidents or accidents resulting from hazardous substances
have to wait for inordinate period before payment of
compensation while legal dispute lingers on. eg Bhopal gas
tragedy. Immediate relief to such victims shall be the solo
objective while investigations continue and strict liability, if
any, is established. Based on experience and dire need of
putting in place reasonable compensation for victims,
Parliament enacted The Public Liability Insurance Act (PLIA)

in 1991.
The Act deals with accidents caused by hazardous substances
and provides insurance to persons who are affected. They
also get immediate relief from the persons handling the
hazardous goods. Where death or injury results from an
accident, this Act makes the owner liable to give relief as is
specified in the Schedule of the Act. The basis for the Act is
No Fault Liability.
PLIA 1991 Sec-3. LIABILITY TO GIVE RELIEF IN CERTAIN CASES ON

PRINCIPLE OF NO FAULT :
(1) Where death or injury to any person (other than a
workman) or damage to any property has resulted from an
accident, the owner shall-be liable to give such relief as is
specified in Schedule for such death, injury or damage.
(2) In any claim for relief under sub-section (I) (hereinafter
referred to in this Act as claim for relief), the claimant shall
not be required to plead and establish that the death, injury
or damage in respect of which the claim has been made was
due to any wrongful act, neglect or default of any person.
Definitions : Section 2 of the Act gives definitions of the following :
Accident- An unintentional sudden occurrence while handling

any hazardous substances resulting in continuous,
intermittent or repeated exposure that could be potentially
fatal, or injurious to any person or damage to any property.
Collector- The Collector who has jurisdiction over the area in
which the accident occurs.
Handling- The manufacture, processing, treatment, package,
storage, transportation by vehicle, use, collection,
destruction, conversion, offering for sale, transfer or the like,
of such hazardous substances.
Hazardous substance- Any substance or preparation which is
defined as hazardous substance under the Environment
(Protection) Act, 1986
Relief Fund- The Environmental Relief Fund establishment

under section 7A of PLIA
Owner- A person who owns, or has control over handling any
hazardous substance at the time of accident and includes-
In the case of firm, any of its partners
In the case of an association, any of its members
In the case of a company, any of its directors, managers,
secretaries or other officers who is directly in charge of,
and is responsible to the company for the conduct of the
business of the company;
Duty of Owner :
Under PLIA 1991, every owner of an industry which handles

hazardous substances, is duty bound to take out (& REMAIN/
RENEW) insurance policies to cover such liability to to give
relief under sub-section (1) of section 3;
No insurance policy taken out by an owner shall be for an
amount less than, the amount of the paid-up capital of the
under taking handling any hazardous substance and owned
or controlled by that owner
Sec-8 of the PLIA also provides that, the right to claim relief
under section 3 in respect of death of, or injury to, any
person or damage to any property shall be in addition to any
other right to claim compensation in respect thereof under
any other law for the time being in force.
provided that the amount of such compensation shall be
reduced by the amount of relief paid under 'no fault'
liability provision of PLIA 1991.
What is Covered? :
Liability under PLIA covers statutory liability arising out of

accidents occurring due to handling of hazardous substances
as provided in the Public Liability Insurance Act 1991 and the
Rules framed there under.
What is NOT Covered? : Owner shall ofcourse be liable even if

damage is done without any fault on his part. However, the Policy
does not cover liability,
directly or indirectly arising out of consequence of war,
invasion, act of foreign enemy, hostilities (whether war be
declared or not), civil war, rebellion, revolution, insurrection
or military or usurped power; and
directly or indirectly caused by or contributed to by
ionising radiation or contamination by radioactivity from
any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel, and
the radioactive, toxic, explosive or other hazardous
properties of any explosive nuclear assembly or nuclear
component thereof.
arising out of willful or intentional non compliance of any
statutory provisions;
in respect of fines, penalties, punitive and/or exemplary
damages;
arising under any other legislation except in so for as
provided for in PLIA 1991;
in respect of damage to property under owner's control, care
or custody;
Provisions of the PLI Act 1991 :
The designated court for recovery of such insurance is

metropolitan magistrate or a first class judicial magistrate or
higher. The expenses of such prosecution are recoverable
from the owner as arrears of land revenue.
Environmental Relief Fund- The Central Government has
been authorized to establish the Environmental Relief Fund
which can be utilised for making relief payments by the
Collector.
Application for claim for relief Whenever it comes to the
notice of the Collector that an accident has occurred in any
place within his jurisdiction, he is to verify such occurrence

and publicise it for inviting applications for relief.
The Public Liability Insurance Rules- In 1991 Rules were
issued which contain the standard administrative procedures
for seeking relief and the documents that are required for
making such claims. Under the rules the powers of the
Collector and the extent of the liability of the owner of the
Hazardous substances have been clarified, especially with
reference to the contribution of the owner to the
Environmental Relief Fund.
Penalties under the Act : The punishment for violation of the Act is
imprisonment for a year, extendable to six years for ontinued
violation or a fine of one lakh rupees. The Central Government has
the power to issue directions under the Act to regulate the handling
of any hazardous substance and to stop or regulate the supply of
electricity, water or any other service to the owner.
Q : 2015 : Discuss : Environmental relief fund.

Ans :
The Environmental Relief Fund has been establishment under section
7A of Public liability insurance act 1991
The Public Liability Insurance Act (PLIA) was passed in 1991. The Act
deals with accidents caused by hazardous substances and provides
insurance to persons who have been affected by will be given
immediate relief by the persons handling the hazardous goods. Where
death or injury results from an accident, this Act makes the owner
liable to give relief as is specified in the Schedule of the Act. The basis
for the Act is No Fault Liability.
Section 7A. ESTABLISHMENT OF ENVIRONMENTAL RELIEF FUND
(1) the Central Government may, by notification in the official
Gazette, establish a fund to be known as the Environment Relief
Fund.
(2) The Relief Fund shall be utilised for paying, in accordance with
the provisions of this Act and the scheme, relief under the award
made by the Collector under section 7.
(3) The Central Government may, by notification in the Official
Gazette, make a scheme specifying the authority in which the relief
fund shall vest, the manner in which the Fund shall be administered
the form and the manner in which money shall be drawn from the
Relief Fund and for all other matters connected with or incidental to
the administration of the Relief Fund and the payment of relief
therefrom.]
Environmental Relief Fund- The PLIA was amended in 1992 and the
Central Government has been authorized to establish the
Environmental Relief Fund which can be utilised for making relief
payments by the Collector.
Application for claim for relief Whenever it comes to the notice of
the Collector that an accident has occurred in any place within his
jurisdiction, he is to verify such occurrence and publicise it for inviting
applications for relief.
Under the "Public Liability Insurance Rules", the powers of the
Collector and the extent of the liability of the owner of the Hazardous
substances have been clarified, especially with reference to the
contribution of the owner to the Environmental Relief Fund.
Q : 2012, 3 : Write note on Constitution and function of wild life advisory

board
Ans :
National Board for Wild Life is a Statutory Organization
constituted under the Wildlife Protection Act, 1972. Theoretically,
the board is advisory in nature and advises the Central
Government on framing policies and measures for conservation of
wildlife in the country. However, it is a very important body because
it serves as apex body to review all wildlife-related matters and
approve projects in and around national parks and sanctuaries.
Composition :
According to Section 5-A(I) of the Act, The National Board for

Wildlife is chaired by Indias Prime Minister and its vice
chairman is Minister in-charge of Forests and Wild Life.
Other members shall be such as provided in the said section.
The board is mammoth body with 47-members including
Parliament Members, NGOs, eminent conservationists,
ecologists and environmentalists, Government secretaries of
various departments, Chief of the Army Staff, Director
General of Forests, tourism etc. etc.
The members include 15 non-government members, 19 ex-
officio members and 10 government officials such as
secretaries.
Section 5-B makes provisions for constitution of the Standing
Committee of the National Board and this Committee shall
perform such functions as may be prescribed by the National
Board for Wild Life.
The standing committee of the board approves all the
projects falling within protected wildlife areas or within 10 km
of them; but notably, law does not specify the formation of
the standing committee. The rules under the wildlife law
allow the board to take decisions with half the members but
are silent about the standing committee.
Function/ duties of the National Board
(1) It shall be the duty of the National Board to promote the

conservation and development of wild life and forests by such
measures as it thinks fit. Without prejudice to the generality
of the foregoing provision, the measures referred to therein
may provide for -
(a) framing policies and advising the Central Government
and the State Governments on the ways and means of
promoting wild life conservation and effectively controlling
poaching and illegal trade of wild life and its products ;
(b) making recommendations on the setting up of the
management of national parks, sanctuaries and other
protected areas and on matters relating to restriction of

activities in those areas;
(c) preparing and publishing a status report at least once
in two years on wild life in the country.
(2) It has power to review all wildlife-related matters and
approve projects in and around national parks and
sanctuaries.
(3) No alternation of boundaries in national parks and wildlife
sanctuaries can be done without approval of the NBWL.
(4) In all, there are around 200 projects pending for approval
for clearance from the Board. Some of the major cases
pending before the board include the coal blocks in and
around central Indian tiger reserves such as Pench and
Tadoba, Hydroelectric projects in Northeast India, Highway
and road projects through several wildlife sanctuaries and
national parks, Iron ore mining in Chhattisgarh and
Jharkhand in elephant areas.
(5) selection of areas to be declared as Sanctuaries, National
Parks and Closed areas and the administration thereof;
(6) Measure to be taken for harmonizing the needs of the
tribals and other dwellers of the forests with the protection
and conservation of wildlife;
(7) Any other matter connected with the protection of wildlife
which may be referred to it by the state government.
State Board for Wild Life :
Section 6 (As Amended) imposes duty upon the State

Government to constitute the State Board for Wild Life within
a period of six months from the date of commencement of
the Wild Life (Protection) Amendment Act, 2002.
The Chief Minister of the State and in case of Union
territories, the Administrator shall be the Chairperson of the
State Board for Wild Life, the Minister in-charge of Forests
and Wild Life shall be the Vice-Chairperson and other
members of the State Board shall be ex-officio.
Q : 2013 : Write short note : Closed Area under Forest (conservation)

Act
Ans :
All activities in the forests (both within and outside municipal areas)
are governed by the provisions of the Indian Forests Act, 1927 and
Forest (Conservation) Act, 1980. All activities in the sanctuaries and
national parks are governed by the provisions of the Wildlife
(Protection) Act, 1972.
Indian Forest Act, 1927 deals with the protection of the
forests, it basically constitutes three categories of protected
areas i.e. reserved forests, protected forests and village
forests.
Forest (Conservation) Act, 1980 provides for a a process to
conserve the forests by preventing their use without the
required permission from the Central Government.
The Wildlife Protection Act, 1972 provides for the protection
of wild animals, birds and plants; and for matters connected
therewith or ancillary or incidental thereto.
The Act restricts the powers of the state in respect of de-
reservation of forests and use of forestland for non-forest purposes
(the term non-forest purpose includes clearing any forestland for
any purpose other than re-afforestation)
Under this act, before one changes land use to non-forest purpose
the person has to take the permission of the required authorities
regarding the same. It also states that before granting any
permission the authorities have to look at the kind of work that the
person is intending to take-up, because the act clearly provides that
any work which is ancillary to the conservation of forests should not
prevented under the act.
Declaration of National Parks, Wild Life Sanctuaries or Closed

Areas :- The Act deals with National Parks, Sanctuaries and Closed
Areas.
If an area is rich in ecological, fauna, flora, natur or

zoological significance, it can be declared as a sanctuary or a
closed area by the Central and the State Government.
Such declaration gives an opportunity to develop these areas
exclusively for wildlife in a protected environment.
Following are the characteristics of closed areas :
Declaration of a closed area provides for authorities to

administer and implement the Act; regulate the hunting of
wild animals; protect specified plants, sanctuaries, national
parks and closed areas; restrict trade or commerce in wild
animals or animal articles.
Entry is restricted into these areas unless expressly granted.
Grazing of any livestock is not permitted in a closed area.
There is a blanket ban on carrying out any industrial activity
inside these protected areas.
The Act prohibits hunting of animals except with permission
of authorized officer when an animal has become dangerous
to human life or property or as disabled or diseased as to be
beyond recovery.
Such acts which destroy, exploit, or remove any wildlife from
a closed area or a National Park, destroy or damage the
habitat or any wild animal and deprive any wild animal of its
habitat within such National Park, are not permitted
Any illegal activity within these areas is liable to be punished
under the Indian Penal Code.
Q : Discuss : Reserved Forest, Protected Forest and Village Forest under

Q : 2014 : Discuss : Reserved forest under the Forest Act
Q : 2015 : Explain the provisions relating to protected forest under
Ans :
The Indian Forest Act, 1927 defines the procedure to be followed

for declaring an area to be a Reserved Forest, a Protected Forest or
a Village Forest. It defines what is a forest offence, what are the
acts prohibited inside a Reserved Forest, and penalties leviable on
violation of the provisions of the Act.
Reserved Forest : Reserved Forest is an area mass of land duly

notified under the provisions of India Forest Act or the State Forest
Acts having FULL degree of protection.
In Reserved Forests all activities are prohibited unless
permitted.
Reserved Forest is notified under section 20 of the Indian
Forest Act, 1927 or under the reservation provisions of the
Forest acts of the State Governments of the Indian Union.
Procedure to be followed : The manner in which a Reserved
Forest has to be constituted is described in section 3 to 20 of
the Act.
It is within power of a State Government to issue a
preliminary notification under section 4 of the Act
declaring that it has been decided to constitute such land,
as specified in a Schedule with details of its location, area
and boundary description, into a Reserved Forest. Such a
notification also appoints an officer of the State
Government, normally the Deputy Commissioner of the
concernned district, as "Forest Settlement Officer".
The Forest Settlement Officer fixes a period not less than
three months, to hear the claims and objections of every
person having or claiming any rights over the land which
is so notified to be reserved. He conducts inquiries into
the claims of rights, and may reject or accept the same.
He is empowered even to acquire land over which right is
claimed.
For rights other than that of right of way, right of pasture,
right to forest produce, or right to a water course, the
Forest Settlement Officer may exclude such land in whole
or in part, or come to an agreement with the owner for
surrender of his rights, or proceed to acquire such land in
the manner prescribed under the Land Acquisition Act,

1894.
Declaration : Once the Forest Settlement Officer settles all
the rights either by admitting them or rejecting them, as per
the provisions of the Act, and has heard appeals, if any, and
settled the same, all the rights with the said piece land
[boundaries of which might have been altered or modified
during the settlement process] vest with the State
Government. There after, the State Government issues
notification under section 20 of the Indian Forest Act, 1927
declaring that piece of land to be a Reserved Forest.
Protected Forest : Protected Forest an area or mass of land notified

under the provisions of India Forest Act or the State Forest Acts
having limited degree of protection.
In Protected Forests all activities are permitted unless
prohibited.
Protected Forest is declared to be so by a State Government
under the provisions of the section 29 of the Indian Forest
Act, 1927.
Procedure to be followed : It does not require the long and
tedious process of settlement, as in case of declaration of a
reserved forest.
If such a declaration of protected forest infringes upon a
person's rights, the Government may cause an inquiry
into the same;
However, pending such inquiries, the declaration cannot
abridge or affect such rights of persons or communities.
Further, in a protected forest, the Government may issue
notifications declaring certain areas to be reserved, or
suspend private rights, if any, for a period not exceeding
30 years, or prohibit quarrying, removal of any forest
produce, or breaking of land etc.
Village Forest : Village Forest is constituted under section 28 of the

Indian Forest Act, 1927. The Government may assign to any village
community the rights over a land which may not be a part of a

reserved forest for use of the community. Usually, forested
community lands are constituted into Village Grazing Reserve
[VGR]. Parcels of land are so notified are marked on the settlement
revenue maps of the villages.
Q : 2013 : Write short note : Power to enact rule by forest officers.

Ans :
Power to make rules for protected forests : Section 32 of the
Forests Act 1927 gives power to the State Government to make
rules to regulate the protected forests in the following matters,
namely :-
1. Collection, manufacture and removal of forest produce
from the protected forests.
2. Cutting, sawing, conversion and removal of trees and
timber from the protected forests.
3. Granting of licences for felling or removing of trees/timber
from such forests.
4. Payment for removal/ collection of felling tress/ timber.
5. Examination of forest produce to be carried away.
6. Clearing and breaking up land in the protected forests.
7. Measures for protection against forest fire.
8. Cutting of grass and pasturing of cattle in such forests.
9. Measures for protection and preservation of the elephants
under the Elephants Preservation Act, 1979.
10. Hunting, shooting, fishing, poisoning water and setting
traps.
Analysis of section (32) :
Conservator of Forests (CF) being public authority required to

act in a reasonable manner. Section (32) confers power on
State Government to frame statutory rules for regulating
cutting / felling / removal etc. The CF who is a public
authority, acting on behalf of government is required to act in

a reasonable manner while exercising his powers under
standing order in matter relating to grant of extension of
period of license, he can not act arbitrarily at his own sweet
will like a private individual, instead he must act in
conformity with the constitution. Daya Shankar Singh Vs
Conservator of Forests (Southern Zone) UP, SC 1984]
Validity of levy of selective higher grazing rates : (Laxman Vs
State of MP, 1983 SC) Under Sec. 32(c) MP Government to
regulate influx of cattle from other states, fixes higher
grazing fees for cattle of other States. The Hble Supreme
Court held that there is no justification what so ever for
charging higher grazing rates for cattle belonging to person
from other State. Hence order was struck down
Monopoly in favour of one trader to the exclusion of all other
trader amount to discrimination: Under sec.32(2) permit
granted to one trader to the exclusion of all other trader was
declared Ultra-virus by the Apex Court [SC, 1963 S.C. Das Vs
Tripura case]
Total prohibition on the use of part of Government land for
grazing purpose is violative of Articles 14, 19 & 301 of
constitution (Kishan Vs State of Maharashtra 1990 and
Lakshman Vs State of MP, 1983)
Penalty : Under Section (33) of the Forests Act 1927 any act in
contravention of rules under sec(32),
Shall be punishable with imprisonment for a term which may
extend to five hundred rupees, or with both.
Whenever fire is caused willfully or by gross negligence in a
protected forest, the State Government may, notwithstanding
that any penalty has been inflicted under this section, direct
that in such forest, or any portion thereof, produce shall be
suspended for such period as it thinks fit.
Q : Discuss in detail : NATIONAL GREEN TRIBUNAL (NGT)
Q : 2012 : Write note on national environmental tribunal

Q : 2015 : Write note : power of national environmental authority.
Ans :
Intro : NGT replaces NET and NEAA :
NGT is a specialized apex body equipped with the necessary

authority and expertise to handle all types of environmental
disputes, including multi-disciplinary issues.
In 2010 Parliament enacted the National Green Tribunal
(NGT) Act of 2000. NGT encompasses within it the
Fundamental Right to a healthy environment that is
enshrined in the Indian Constitution under Article 21. It
heralded a new dawn in environmental protection and
replaces the National Environment Tribunal (NET) Act, 1995
and the National Environment Appellate Authority (NEAA)
Act, 1997
The National Green Tribunal (NGT) was established on 18th
October, 2010 for the effective and expeditious disposal of
cases relating to environmental protection and conservation
of forests and other natural resources including enforcement
of any legal right relating to environment and giving relief
and compensation for damages to persons and property and
for matters connected therewith or incidental thereto.
The Tribunal is to make efforts for disposal of applications or
appeals finally within six months of filing of the same.
Initially, the NGT was proposed to be set up at five places of
sittings and follow circuit procedure for making itself more
accessible. New Delhi is the principal place of sitting of the
Tribunal and Bhopal, Pune, Kolkata and Chennai are the other
four place of sitting of the Tribunal.
What is a tribunal : A Tribunal has trappings of a Court. Every Court

is Tribunal but Tribunals are not Courts. A Tribunal is established for
the adjudication of disputes related to some specific areas, whereas
courts exist for the adjudication of all kinds of disputes regardless
of any specific area. Final judgement of Tribunal is generally called
award.
Composition of National Green Tribunal (NGT) :
NGT comprises of both judicial and expert members as

adjudicators.
The Chairman of NGT is a judicial member and must have
been a judge of the Supreme Court of India or Chief Justice
of a High Court. The Chairman is appointed by the Central
Government in consultation with the Chief Justice of India.
Other judicial members of the NGT must be or has been a
judge of the High Court.
For an expert member a person must have a doctorate
degree in life sciences or physical sciences with fifteen years
experience in the relevant field including five years practical
experience in the field of environment and forest in a reputed
national level institution or an administrative experience of
fifteen years including experience of five years in dealing with
environmental matters in the Central or State Governments
or in a reputed National or State level institution.
The Judicial and expert members are appointed by the
Central Government on the recommendation of a Selection
Committee.
Jurisdiction of NGT : Jurisdiction means authority of any Court or

Tribunal to accept a matter for hearing and decision. NGT has the
jurisdiction over all civil cases where a substantial question relating
to environment (including enforcement of any legal right relating to
environment), is involved and such question arises out of the
implementation of the enactments specified in Schedule I of the
National Green Tribunal Act, 2010, namely :
(i) The Water (Prevention and Control of Pollution) Act, 1974;
(ii) The Water (Prevention and Control of Pollution) Cess Act,
1977;
(iii) The Forest (Conservation) Act, 1980;
(iv) The Air (Prevention and Control of Pollution) Act, 1981;
(v) The Environment (Protection) Act, 1986;
(vi) The Public Liability Insurance Act, 1981;

(vii) The Biological Diversity Act, 2002.
This explains the importance of NGT, as the above mentioned
legislations together stands for what we know as the Environmental
Law.
Powers of NGT : NGT is empowered to provide by an order :
Relief and compensation to the victims of pollution and other

environmental damage arising under the enactments
specified in Schedule I (including accident occurring while
handling any hazardous substance) of the Act.
For restitution of property damaged
For restitution of the environment for such area or areas
The above mentioned remedies must be claimed by the
persons aggrieved within 5 years from the date when the
cause of action arose. Cause of action means the happening
of the very reason which enables the person to approach
NGT.
Though, in exceptional cases the Tribunal may give sixty
more days for filing of the application before it, if the Tribunal
is satisfied that the applicant was prevented by a sufficient
cause to file the application within 5 years.
Principles to be applied by NGT :
The Act mandates that in case of accident, the Tribunal shall,

apply the No fault principle which stipulates that in case of
accident the owner or the employer cannot take the defence
of him/her having committed no fault.
If accident occurs and as a consequence of it damage is
caused to any person or environment, the owner or the
employer is liable, only because of the fact that accident
occurred in his/ her enterprise.
Apart from this principle, NGT has to also apply the principles
of Sustainable Development, precautionary principle and
polluter pays principle, while giving an order or decision or

award.
Procedure :
NGT is not bound to follow the procedures laid down in the

Code of Civil Procedure, 1908; or the Indian Evidence Act,
1872; rather it has to be guided by the principles of natural
justice.
It has for the purposes of discharge of its functions all the
powers of the Civil Court for trying a suit as given under the
Code of Civil Procedure, 1908.
Any decision, order or award of the Tribunal is executable by
the Tribunal as a decree of the Civil Court and, therefore, for
this purpose the Tribunal will have all the powers of a Civil
Court.
The Tribunal can also if it deems fit transmit its order or
award for execution to a Civil Court having local jurisdiction
as if it were the decree of that Civil Court.
Minimum number of members who must together hear and
decide a case is two, out of which one must be a judicial
member and other an expert member.
The decision of Tribunal by majority is binding. In case the
opinion of the bench is equally divided then the matter is to
be heard and decided by the Chairman of NGT if he/she was
not part of the equally divided bench. In cases, where the
Chairman himself/herself is part of the equally divided bench
then he/she shall refer the matter to other member of the
Tribunal not part of that equally divided bench to hear the
case and decide.
Penalty :
Whoever fails to comply with any order, decision or award of

the NGT under the National Green Tribunal Act, 2010,
commits a cognizable offence and shall be punishable with an
imprisonment for a term which may extend to three years or
with fine which may extend to 10 Crore rupees (25 Crore in
case of a company) or with both and in case the failure or

contravention continues, with additional fine which may
extend to 25,000 Crore (1 Lakh Crore in case of a company)
for every day during which such failure or contravention
continues after conviction for first such failure or
contravention.
Where any Department of the Government fails to comply
with any order or award or decision of the tribunal under
this Act, the Head of the Department shall be guilty of such
failure and shall be liable to be proceeded against for having
committed an offence and punished accordingly. Provided
that if such Head of the Department proves that he/she
exercised due diligence and that he had no knowledge about
the commission of the offence he shall not be punished.
Apart from this any other Government officer may also be
punished accordingly for such offence if it can be proved that
the offence was committed with the consent or connivance of
such officer or is attributable to his/her neglect.
Appeal :
Any person aggrieved by any decision, order or award of the

Tribunal, may file an appeal before the Supreme Court within
90 days from the date of communication of such decision,
order or award. Though, the Supreme Court may allow a
person to file such appeal even after 90 days if the Court is
satisfied that the person appealing was prevented to do so
for sufficient cause.
Q : Prevention of Cruelty to the Animals Act : Objects & main features

Q : 2015 : Discuss : Cruelty to animals
Ans :
Intro : To prevent the infliction of unnecessary pain or suffering on
animals, India enacted The Prevention Of Cruelty To Animals Act in
1960 (The Act hereinafter). The Act was amended in 1982 in view
of evolving principles in the field of ethical treatment of animals.
Since ages, India has sought to increase protections for

animals. India is the birthplace of some of the most animal-
friendly cultures in the world. Hinduism, Jainism, and
Buddhism all contain important threads teaching respect and
protection for all animal life. To Indians, humanity is just a
link in a much greater chain of existence. The Indian
constitution itself specifically protects animal life.
However, it is sad state of affairs that even in India these
legal protections fall short of conferring real rights upon
animals. Today India is home to significant animal
exploitation and cruelty to animals.
Main features of the Act :
It shall be the duty of every person having the care or charge

of any animal to take all reasonable measures to ensure the
well-being of such animal and to prevent the infliction upon
such animal of unnecessary pain or suffering.
On commencement of The Act, "Animal Welfare Board of
India" (The Board hereinafter) came in to existence for the
promotion of animal welfare and protection of animals from
being subjected to unnecessary pain or suffering.
The Board is a body corporate with broad representation
from leading animal welfare organizations, veterinary
practitioners, parliamentarians, authorities like IG Forests,
Animal Husbandry Commissioner, Min of Env and Forest, local
bodies, etc.
The Board may, subject to the previous approval of the
Central Government, make such regulations as it may think
fit for the administration of its affairs and for carrying out its
functions.
Functions of The Board : The functions of the Board shall be Board :
(a) to enforce animal welfare laws for the prevention of

cruelty to animals and to advise the Government on the
amendments to be undertaken in any such law from time to
time;
(b) to advise the Central Government on the making of rules

under this Act;
(c) to take all such steps as the Board may think fit for the
construction of sheds, water-troughs and the like and by
providing for veterinary assistance to animals:
(d) to advise the Government or any local authority or other
person in the design & maintenance of slaughter-houses so
that unnecessary pain or suffering is eliminated in the pre-
slaughter stages as far as possible;
(e) to take all such steps as the Board may think fit to ensure
that unwanted animals are destroyed by local authorities,
after being rendered insensible to pain or suffering.
(f) to encourage formation or establishment of pinjrapoles,
rescue homes, animal shelters, etc where animals and birds
may find a shelter when they have become old and useless
or when they need protection:
(g) to co-operate with the work of other associations or
bodies established for the purpose of animan welfare;
(h) to give financial and other assistance to animal welfare
organisations functioning in any local area under the general
supervision and guidance of the Board;
(i) to advise the Government on matters relating to the
medical care and attention in animal hospitals;
(j) to impart education in relation to the humane treatment
of animals and to encourage the formation of public opinion
against the infliction of unnecessary pain or suffering to
animals;
Offences under The Act : Section 11 of The Act identifies such

offensive acts which shall invite penal action on the offender. It is
an offence under the Act, if any person,
(a) beats, kicks, over-rides, over-drives, over-loads, tortures
any animal; or
(b) employs in any work or labour any animal which, by

reason of its age or any disease or infirmity, is unfit to be so
employed; or
(c) wilfully and unreasonably administers any injurious drug
or injurious substance to any animal; or
(d) conveys or carries any animal in such a manner as to
subject it to unnecessary pain or suffering; or
(e) keeps or confines any animal in any cage or enclosure
which does not measure sufficiently to permit the animal a
reasonable opportunity for movement; or
(f) keeps for an unreasonable time any animal chained or
tethered upon an unreasonably short or unreasonably heavy
chain or cord; or
(g) keeps any dog habitually chained up or kept in close
confinement; or
(h) fails to provide such animal with sufficient food, drink or
shelter; or
(i) abandons any animal in circumstances which tender it
likely that it will suffer pain by reason of starvation thirst; or
(j) wilfully permits any animal to go at large in any street,
while the animal is affected with contagious or infectious
disease; or
(k) offers for sale or has in his possession any animal which
is suffering pain due to mutilation, starvation, thirst,
overcrowding or other illtreatment; or
(1) confines any animal so as to make it an object or prey for
any other animal, solely with a view to providing
entertainment; or
(m) helps organising animal fighting ; or
(n) promotes or takes part in any shooting match or
competition wherein animals are released from captivity for
the purpose of such shooting:
Exceptions : However, following shall not be an offence under the

Act,
(a) the dehorning of cattle, or the castration or noseroping of
any animal in the prescribed manner, or
(b) the destruction of stray dogs in lethal chambers by
prescribed methods, or
(c) the extermination or destruction of any animal under the
authority of any law for the time being in force; or
(d) any matter dealt with in Chapter IV of the Act; or
(e) the commission or omission of any act in the course of
the destruction of any animal as food for mankind unless
such destruction was accompanied by the infliction of
unnecessary pain or suffering.
Punishment :
For above listed offences, the owner shall be deemed to have

committed such an offence if he has fails to exercise
reasonable care and supervision with a view to the
prevention of such offence.
Offence shall be punishable, in the case of a first offence,
with fine which shall not be less than ten ruppes but which
may extend to fifty rupees and in the case of a second or
subsequent offence committed within three years of the
previous offence, with fine which shall not be less than
twenty-five rupees but which may extend, to one hundred
rupees or with imprisonment for a term which may extend, to
three months, or with both.
Salient provisions of the Act :
The Act allows performance of experiments/ operations on

animals for the purpose of advancement of physiological
knowledge or of knowledge which will be useful to human
beings, animals or plants
Any police officer above the rank of a constable or any
person authorised by the State Government, who has reason
to believe that an offence against the Act has been or is

being committed may, seize the animal and produce the
same for examination by the nearest magistrate or by such
veterinary officer as may be prescribed;
Indemnity : No suit, prosecution or other legal proceeding
shall lie against any person who is, or who is deemed to be a
public servant within the meaning of section 21 of the Indian
Penal Code in respect of anything in good faith done under
the Act.
Restriction on exhibition and training of performing animals :
No person shall exhibit or train
(i) any performing animal unless he is registered in
accordance with the provisions of the Act;
(ii) as a performing animal, any animal which the Central
Government may, by notification in the official gazette,
specify as an animal which shall not be exhibited or
trained as a performing animal.
Go To Contents
SUGGESTED READING :
The Water (Prevention and Control of Pollution) Act, 1974
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection ) Act, 1986
The National Environment Tribunal Act, 1995
The Public Liability Insurance Act, 1991
The Factories Act -1948 (Chap. IV-A)
Environmental Law and Policy in India by Armin Rusencranz, Syam Divan
Tripathi Publication
Lals Conmmentaries on Water, Air Pollution and Environment (Protection)
Laws by Law Publishers (India) Pvt. Ltd.
Environmental Law in India by Jain and Jain (Idnore Law House)
Environmental Law by Prof. S. C. Shastri, Eastern Book Co.
Environment Law by Sumeet Malik, Edition, Eastern Book Co.
Aarmin Rosencranz, et. Al. (eds.,) Environmental Law and Policy an India,
Oxford
R.B. Singh & Suresh Misra, Environmental law in India Concept Publishing Co.
New Delhi.
Kailash Thakur, Environmental Protection Law and Policy in India, Deep &
Deep Publications, New Delhi.
Richard L. Riverz, Et. Al. (eds. ) Environmental law, the Economy and
Sustainable Development, Cambridge.
Christopher D. Stone, Should Trees Have standing and other Essays on Law,
Morals and the Environment, Oceana.
Leelakrishanan, P. Et. Al. (eds.) Law and Environment, Eastern, Lucknow.
Leelakrishnan, P. The Environmental Law in India, Butterworths- India
Department of science - and Technology, Government of India, Report of the
committee for recommending legislative Measures and Administrative
Machinery for Ensuring Environmental Protection, (Tiwari Committee Report)
Indian Journal of Public Administration, Special Number on Environment and
Administration, JulySeptember, 1988 Vol., XXXV No.3 PP 353-801
Centre for Science and Environment . The State of Indias Environment 1982,
the State of India, Environment 1984-85 and the State of Indian Environment
19992000.

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Source : Internet. Dedicated to students of the subject.

Module-1) Environment & Environmental Pollution

Module-2) Environment Protection : International Scenario &

Module-3) Legislations for the protection of Environment

Module-1) Environment & Environmental Pollution :

1..1) Environment : Meaning, Types: Natural & Man-made

Q : 2012 : Explain the word Environment with special reference to

Q : Explain : Environment and types of Environment : Natural & Man-

Environment is the sum total of all physical matters and

The Honourable Supreme Court quote, Environment is a difficult

Types of Environment : Broadly speaking, environments are of two

The natural environment encompasses all living and non-

Man Made Environment comprises of the environment, which

10. nuclear disasters (1979 Three Mile Island, 1986

The term Ecology was first proposed by Earnst Haeckel

Ecology is an interdisciplinary field that includes biology,

Ecology is the study of interactions between living organisms

etc.) plus the forces of nature (sunlight, gravity, climate,

Living organisms (biotic factors) may be organized into

Ecosystem consists of two components, (a) Abiotic, and (b)

(i)Producers: The green plants manufacture food for the

Ecosystem can be of any size but usually encompass specific,

from producers to consumers through a series of

Earth is perhaps the only planet in the whole of universe that

It is urgent need for human race to mend its ways. We must

Human race, being intelligent, has special responsibility to

Q : 2013, 4, 5 : Discuss the concept of balance in ecology.

It is important to note that, even when, an ecosystem is balanced,

An ecosystem typically recovers back to a balanced state after a

In the name of development, we remove trees and vegetation,

Q : What is environmental pollution? What are the types of environmental

further causing some unfavorable change by making them unfit and

Types of environmental pollution : Following 3 are the main types of

Water Pollution : Water is one of the prime necessities of life. With

Sources of water pollution are mainly factories, power plants,

Air Pollution : Air is a mixture of various gases such as oxygen,

sector, there has been an increase in radioactivity in the

Following are the harmful Effects of air pollution :

Noise Pollution : Noise is any unwanted sound that disrupts

Major sources of noise are trains, motor vehicles,

Major factors responsible for environmental pollution :

Following are the major factors responsible for environmental

1. Population explosion : Population growth is the one of the

2. Deforestation : Reduction in forest cover, for agriculture

3. Power generation : Power generation is another huge

"green" source of energy just because it doesn't emit

4. Industrialization : Industrialization has taken its toll on the

5. Globalization : Globalization is another major cause of

6. Poor policy management at government level : Most of the

7. Priority of development over Environmental Protection :

8. Urban Bias of Environmental Issues : Twin concepts of

them with very little participatory means for the affected

Module-2) Environment Protection : International Scenario &

Q : 2014, 5 : Explain the different provisions pertaining to environment

We did not inherit the earth from our parents, we borrowed it

Post Stockholm Declaration 1972, concerns for the

approach to maintaining a balance between social,

Sustainable Development involves :

Reduction of emission of greenhouse gases;

What leads to un-sustainability? : Let us try and understand

Conclusion : In order to attain Sustainable Development the

Stockholm Declaration 1972 :