`

ESSENC
CE - Interna
ational Jourrnal for Envvironmentaal Rehabilitaation and Conservation
n
Volume V: No. 2 2014 [1
1 – 7] [ISS
SN 0975 - 62722]
[ww
ww.essence-jouurnal.com]

Proceedings of
o National Coonference
“Environmental Conserrvation and Cllean India Proogramme” Deccember 2014, India
I

nmental la
Environ aw and su
ustainable developm
ment challeenges aheaad

S.K. Chaadha

2 2014 ⏐ Accepted: Deccember 19, 20014 ⏐ Online: December 31,

Received: September 22, 3 2014

Abstractt
An emppowerment in i human wellw being thhat If water
w begetss life, air props
p it up. All the
allows uss to meet thee needs of prresents withoout basiic forces of nature are intertwined and
a play
comprommising the ab bility of futture generatiion a roole in our suurvival. The ecological balance
to meet their
t own needs,
n is callled sustainabble is very
v fragile and it is our
o responsibbility to
developmment. presserve all thee living beings that natture has
put on this earthh.
Our plannet earth hass the ability to sustain and
a
cater to the needs of all living beings but we Theere have beeen consideraable changees in the
are obserrving today y that the Eaarth’s reservves induustrial and technologiical situatioons, on
are beinng rapidly being depleted and this t accoount of settting up of many
m industrries that
means thhat there is a limit to t the infinnite prodduced hazaardous and toxic subbstances,
capacity and sustain nability of mother Earrth. causing envirronmental pollution. These
Since anncient timess, man has reversed and a devvelopments have
h made essential
e a reeview of
worshippped nature, From
F the Veedas to modeern the existing inddustrial and environment
e tal laws.
writings. Man hass recognizeed the baasic Thee recent cataastrophic eveents have alsso raised
elementaal forces-waater, air, eaarth, and fiire. the question of o adequacyy of existinng laws
These elemental forcce are in thee universe and
a relaating to hazardous substancess. The
the humaan body. Off these, wateer is of utm most incrreasing trendd of the prooblem also exposes
importannce, becausee without water there willw adm a judicial efficacy to provide
ministrative and
be no life on earth no-vvegetation, no rem
medy to reducce environm mental pollutiion from
plantationns, no surviv
val of men, birds
b and bear. hazardous proocesses andd compensate the
For corresp
pondence: victtim of polluution. In spiite of a num mber of
legiislation to check
c indusstrial pollution, the
Department of Law,
HNB Garhw wal Central Univ
versity, Campus Tehri Garhwal quest for more and moore profit by the
E-mail: sk.cchadha123@gmaail.com
1
 S.K. Chadhha /Vol. V [2] 2014
2 /1 – 7 

industrialists has led

d to the vioolation of laaws Funndamental Riight.
relating to
t environmeent pollutionn. Industrialiists It may
m be notedd that Articlee 48A and 511A(g) of
who spennd crores of o rupees onn a project are the Constitutioon emphasizze the exppressions
unwillingg to spend a few lakhss of rupees on ‘prootect’ and ‘iimprove’ with reference to the
pollutionn prevention devices. envvironment. These aree significannt and
expressive wordds which obbligate the State
S and
utional response to internation
Constitu nal
citizzen to endeeavour towaards preservving the
urge: Prrotecting thee fragile envvironment
envvironment att its best byy ensuring that the
The Indiian constituttion adoptedd in 1950 did d deggraded from isi also improoved in its quuality.
not deal with
w environ nmental prottection as suuch.
Thuus, human and envvironmental safety
The enviironmental movement
m inn the India has
h
meaasure must be enforcedd by all andd at any
its genessis in the United
U Nations Conferennce
costt. The Suppreme Couurt’s judgem ment in
on Humaan Environm ment held att Stockholm m in
Shriram Chemiccals case haas set the direection in
June, 19972, to draaw the worrld’s attentiion
this regard byy fixing absolute
a annd non-
towards the universal
u problem of
deleegable liabilities on the industrries for
environmmental polluttion and, forr the first tim
me,
mishaps involving hazaardous subbstances.
the provvisions weree inserted in the Indian
multaneouslyy, the regulation of haazardous
Sim
Constituttion by the 42nd Amenddment in 19776,
induustries in alll aspects iss also necessary to
with regaard to preserrvation of thhe environment
ensuure that the degradationn of environnment is
throughoout the counttry. Thus, byy respondingg to
not taking place surreptitioously or negligently.
the International call, the Indiann Constitutioon,
Whhen such resstrictions aree imposed to t check
perhaps, became thee first Consstitution in the t
andd regulate thhe high risk processes, the
t need
world to attempt to secure
s the prrotection of the
t
for legislations and judiciaal activism becomes
b
fragile environment
e . It laid doown the baasic
incrreasingly imp
mportant.
foundatioon for enviironmental legislations in
Directivee Principless of Statee Policy and a Envvironmental pollutioon and courts’
citizens’ duty toward ds environm ment protectiion con
ncern
in India. Ecoological prooblems afffecting thee clean
The legaal utility of the
t Fundam mental Dutiess is envvironment have
h been brought
b beffore the
similar too those of the
t Directivee Principles of couurts in manyy cases. Thhe factual siituations
the State Policy and they are witthout any legal provvide an opportunity
o to determine the
sanction for their vio
olations. Althhough they are judiicial attitudee in the maatter. The remedial
r
not legally enforceab ble in the coourts, but if the
t meaasures provvided under the laws-civil or
State maakes a law to prohibit the breach of pennal-have beeen restoredd to contrrol and
such dutties, the cou urts would uphold
u it ass a prevvent pollutiion. The jurisdiction
j of the
reasonable restricttion on the relevant Suppreme Courrts in also being invooked by
citizzens on thheir becominng aware that t the
2 
 S.K. Chadhha /Vol. V [2] 2014
2 /1 – 7 

environm mental imbalances have the t potentiall of
affectingg their funddamental rigghts under the t punnishable wiith
constitutiion. The sig gnificant isssues that haave
come up in the receent years beffore the couurts
are: publlic nuisance as environm mental hazarrds;
right to wholesome
w environment
e t hazards; rigght
to carry on trade vis-à-vis duuty to prottect
environm ment and right to infoormation aboout
hazardouus installations. Each of these issuess is
specificaally dealt witth here.
Indian penal
p code
The Angglo-Saxon ju urisprudence does not viiew
a crime in
i the area ofo environmeent, e.g., crim me
pollutionn, at par with
h conventionnal crimes suuch
as murdeer, rape, etc. It is classified as a whitte –
collared crime. The society’s response to suuch
crime is also very minimal and, a while the
t cum
conventioonal crime shocks thee society, the t prossecuting the offenders.
crime off pollution isi more ofteen taken forr a
granted. The penal law on polllution finds its
origin inn the Indiaan Penal Code C in 18860
(hereinaffter referred to as the Peenal Code) anda
it is coovered undeer the offennces affectiing
public heealth and saafety. Chaptter XIV of the t Section 133 of the t Code off Criminal Prrocedure
Penal Coode, Deals with
w offencees affecting the t alleging that the municippality had failed f
public health and safety, convenience
c e ,
decency and morals running froom Section 268 2 the public street. It alsoo did not provide
to 294 A.
A in additio on to the proovisions of the t
Water Act,
A the Poollution C
Control Boaard
invoked the provissions of thhe penal Coode
against persons
p caussing defilem ment of wateer .
The Pennal Code un nder Sectionn 277 speciffies
the foulling of waater of pubblic spring or
reservoirr. It states: Whoever voluntarrily
corrupts or fouls the water of anyy public spriing
or reserrvoir , so as to render itt less fit for the
purppose for whiich it is ordinnarily used, shall be
imprissonment off either
desccription for a term whhich may exxtend to
threee months, or with fine which
w may extend
e to
fivee hundred ruppees, with booth
Cod
de of crimin
nal procedurre
Section 133 of the Code C of Criminal
C
Procedure, 1973 providees most effective,
speeedy as well as summaryy remedy in cases of
urgeency, i.e., where
w danger to public innterest or
pubblic health inn involved. The enviroonmental
casees may bee of publiic nuisancee which
inclludes polluttion of waater, air annd noise
nuissance. Sectiion 133 of Code of Criminal
C
Procedure whicch seeks to control all kinds
k of
polllution has seldom been used due to
mbersome criminal proceduree for
Thee first time when Section 133 of Code C of
Crimminal Proccedure waas used in the
envvironmental context was in the ceelebrated
Munnicipal Counncil, Ratlam m case. In thhis case,
resiidents of Raatlam filed a complainnt under
to
prevvent discharrges from ann alcohol pllant into
saniitary facilitiees on the roaads.
Thee Supreme Court took a serious note of
wroongful denial of the constitutionnal and
statuutory provissions by authhorities and ordered
the municipalityy follow the statutory duuties and
stopp effluents from
f flowinng on to the street.
Justtice Krishna Ayer observved.
b enforced and the
Thee law will reelentlessly be
pleaa of poor fiinance will be poor alibi when
3 
 S.K. Chadhha /Vol. V [2] 2014
2 /1 – 7 

people inn misery cryy for justice. The dynam mics the right to a wholesome environmennt under
of the judicial proceess has new ‘enforcemeent’ Artiicle 21 of the Constittution in thhe Rural
dimensioon not mereely throughh some of the Litiggation case,, litigants have asserted the
t right
provisionn of Crimin nal Proceddure Code (as to life
l as the right
r to havee a jurisdicttion, the
here), butb also through activated
a t
tort Couurt has interrpreted the right to lifee as the
consciouusness. The officers
o in chharge and evven righht to have a living atmoosphere conggenial to
the electeed representtatives will have
h to face the humman existencce.
penalty of
o the law iff what the Coonstitution and
a Sustainable Deevelopment has emergeed as a
follow-upp legislationn direct theem to do are a neww paradigm in the conteemporary hiistory of
defied or denied wrongfully.
w The wages of our civilizationn. It was thee enshrined into the
violation is punisshment, coorporate and a Ageenda 21 of RioR Declaration on Envirronment
personal. andd Developm ment, 1992.. It follow wed the
Environnmental Protection for Sustainab
ble decllaration of the United Nation Connference
Developm
ment: Role of Indian Judiciary on the Humann Environm ment, 1972,, which
esseentially calleed for proteection of thee global
The jurissdiction of superior Coourts has beeen
envvironments from
fr undesirrable changeed being
invoked by the citizens wheen they haave
introduced into the environm ments by unnplanned
become aware thatt environmeental pollutiion
growwth and technoloogy. Susstainable
and ecoloogical imballance have the t potentiall to
Devvelopment became
b the major focuss of yet
affect fundamentaal rights under the t
another Uniteed Nationn Conferennce in
Constituttion of India.
I Undder the writ w
Johannesburg in i 2002 callled “World Summit
jurisdictiion, the Courts have given widde-
on Sustainable Developmeent” (WSSD D). Thus
ranging reliefs
r to cittizens whichh are not evven
susttainable devvelopment iss appositive concept
contempllated under thet existing environmenntal
laws of India. Undeer the poweer to review w a in economics
e annd law both which aimss to seek
state action by the Supreme Court C whichh is goood partnershhip by mann with natuure and
explore ways and meaans for ecconomic
providedd under Articcle 32 of thee Constitutioon,
devvelopment without
w adveerse impact on the
it has innterfered an nd given directions
d affter
capacity of naatural resouurces to reggenerate.
directionns to the go overnment to t enforce the t
Witth the use ofo new sciennce and techhnology,
fundamenntal right to o life and liberty
l and for
neww means cann be made available
a forr greater
implemennting ennvironmentall protectiion
prodduction annd conservvation of natural
measuress in the interrest of generral public. This
T
resoources. SD therefore hass a strong linnks with
is evideenced from m many publicp interrest
the law of proteection of ennvironments. For the
petitions that the trad
ditional rule of locus stanndi
disccipline of economics, SD D means as Dr.D Anil
does not stand in thee way in those cases where
Agaarwal said, “Gross Nattural Product,” nor
environm mental issuess are raised.
Grooss Natioonal Prodduct. Susstainable
Since thee Supreme Court
C of Indiia has includded Devvelopment, for legal purposes means
4 
 S.K. Chadhha /Vol. V [2] 2014
2 /1 – 7 

ecologicaal law that isi the law thhat holds goood Govvernment hash now assked States to file
for ecoloogy or the eco-system of o a place . the
t reguular reportss on envirronments annd SD.
present writer
w has published quite
q early an Envvironment education
e is spreadinng fast.
extensivee Article in n 1982 entiitled “Ecoloogy Cenntre for exxcellence in i SD aree being
and International Laaw” in Inddian journal of estaablished. Feederalism iss helping state to
Internatioonal Law, vol 22,19882 pp.422-4438 follow eco-mannagement of natural reesources.
outliningg the usefu ulness of an ecologiical Forest managem ment is now a joint manaagement
approachh to Internatiional Law foor a sustainabble betwween the States Govvernments and a the
and creaative world order. Anotther Article by people concernned. New water policcies are
the present writerr with Drr. B.D. Nag N beinng developedd by States. Water harvesting is
Chaudhuury, former Chairman of Nationnal followed activeely. Dessertts are being given
Committtee on Env vironmental Planning and a greeen cover. Local bodiies and municipal
m
Coordinaation was enttitled Reflecction on Indiia’s com
mmittees havve greater deevolution off powers
Environm ment Policy””, was publiished in India for environment managem ment. Envirronment
Quarterlyy vol. 34, 19983 ,pp.71-778. This Artiicle Mannagement and a Federaalism: The Indian
reflected the traditioonal approacch of India on Expperience 20002, it highlights the grow
wing role
environm ment manageement based on the cultuural of federalism
f fo environm
for ment manageement in
traditionaal and harm mony with nature.
n Anothher Indiia.
article off that period
d by the pressent writer had
h Imp portant ideaas of Sustainnable develoopment
the title “Nehru’s
“ Co
ontribution too Environment Envvironment movement and susstainable
Movement”, publish hed in Inddia Quarterrly, devvelopment inn India and the world laarge has
1981, no. 2, pp. 252-63. throown up new and challennging ideas that this
impportant confference of ISIL
I may consider.
c
The rolee of state goovernance foor sustainab ble
Inteernational laaw has as a result takenn a new
developm ment
direection in reecent years for harmoony and
State in India is actiive performeers in SD with
w
parttnership withh nature. Naational laws in India
the Unionn Governmeent. In fact immplementatiion
havve been moddified to bee in harmonny with
of nationnal policies in
i SD is thee responsibillity
globbal laws. Some of these new ideas thhat have
of States. The Statess have environment boarrds
emeerged on thee global and national socciety are
which have
h active liaison witth the CPC CB.
as follows:
f
There arre State dep partments onn environmeent.
a. A biologist view has em merged of thhe world
With coooperative feederalism SD D policies are
order and economic life. Ecoo-system
followedd in states effectivelyy. A uniffied
approach too natural ressource manaagement
judicial system
s helpss in implementing laws on
is an imporrtant part off environmenntal law
SD. Yet the Planning g commissioon in India has
h
with a biollogical persppective. Inddeed the
not beenn satisfied with the workw of Sttate
MOEF hass new set of enviroonmental
Pollutionn Control Bo oards. They lack resourcces
and technical manpower.
m The Uniion
5 
 S.K. Chadhha /Vol. V [2] 2014
2 /1 – 7 

lawyeers, biolog gist and microbiologgist has becomee even moree significantt. In our
handlling environ nmental legall issue. country, priistine rivers are being polluted
b. Theree is a sy ynthesis of science and a with indusstrial polluttants, and human
humaanism. It started
s withh a UNESC CO waste, thus endangering the healthh one of
sympposium on this subjecct (proceediing us also that will we justtify ourselvees to the
publiished in 1970 0, New Yorkk). Thus a new
n future generrations.
sciennce philosoph hy is evolvinng which is not
n Lifee & Ennvironment on eartth are
determ minist butt provides bridges for inteerdependent and the friendly co-exisstence is
underrstanding. Professor Iliyya Prigoginee, a cruccial or the survival of o each othher. The
Noble- laureate in i physics, has
h done muuch ecollogical balannce maintainns the life cyycle in a
workk on the subjeect in this boook “Order out
o state of equilibrrium. Any im mbalance caaused by
of Chhaos” in wh hich he sayys that mann is the over explloitation off natural reesources
evolvving new relationship wiith nature. This
T advversely affectts the life onn earth. Envirronment
philosophy lookss to integrattion of sciennce commprising of air, waterr, land andd living
philosophy and d humanism. Stephhen orgaanisms are today
t facingg an onslaugght from
Hawkking also tak ke this vieww on sciencee in som
me of the folllowing sourcces.
his boook “A Brief History off Time”.
c. In thee field of SD
D there is neeed to integrrate ¾ Discharge of o gases releeased from burning
studiees in law and
a science. Theory aboout the fossil fuuels.
law, asa professorr Myres McD Dougal of Yale
Y ¾ Indiscriminaate destructtion of forrests to
Law School said, must facilities a decisioon, meet the grrowing needds of the mankind.
m
ratherr is a theeory of law w to confiirm Release of chemicals that are griievously
outcoomes. Hencee contextual and ecologiical injuring thhe ozone laayer that provides
p
jurispprudence is suited
s to SD issue. protection to earth against harmful
d. Federralism and d eco-mannagement are radiations.
conceepts that prromote togeether SD. The T ¾ Global warm ming due to green housee gases.
great success off environmeent policies in ¾ Accumulation of non-bbiodegradable waste,
Indiaa is due to co
ooperative feederalism. such as polythene, synnthetic rubbber tyres
e. Outerr space law is also helpping SD. Ouuter and batteries.
spacee enable reemote sensiing of natuural ¾ Release of o chemicaally polluteed and
resouurces, keeps vigil on terrrorism, helpss in untreated inndustrial & domestic
d waaste into
locatiing biodiverrsity, helps locate life and
a water bodiees, threateninng the life off aquatic
habitats of wild liife. animals.
f. In thet presentt age of science and a ¾ Over explooitation off water froom sub
technnology, when n new invenntions are beiing surface acquuirers.
madee every day, and man is traveling in ¾ Culture of consumerism
c m and humann greed.
spacee, awareness about our environment ¾ Extinction of certain species off living
organisms due to non sustainabble eco-
6 
 S.K. Chadhha /Vol. V [2] 2014
2 /1 – 7 

systemm. Unsuustainable growth of Section 67 of thhe Informatiion Technoloogy Act,

infrasstructure. 200 ass amended vide Infoormation
Technollogy (Amenddment) Act, 2008.
Unless thet global community stands up to
realize the gravity y of the environmenntal Vinnod Kumar, Winning the Battle Against
degradatiion due to human
h greeed and flagrant Cybercrrime; p.83, see also Drr. V. N.
violationn of environment
e t protectiion Panajape, Cyber Crimes
C and law,
legislatioons, brings ab
bout a paraddigm shift inn its Ed. 20010, Centrral Law Agency,
A
perceptioon, dedicate liberal fundds for perusiing Allahabad, p. 36.
the goaal of clean n & green earth, run r httpp://www.cs.ggeorgetown.eedu/~denninng/infos
internatioonal campaiign for creatting awareness ec/cyberrterror.html , see also
among the t masses and join handsh for thet http://wwww.crime-
rehabilitaation of earrth, the futuure of life on researchh.org/library//Cyber-
earth apppears to be bleak. terrorism
m.html
Referencces Jam
mes R. Richhards: Trannsnational Criminal
C
Pawan Duggal:
D Cybeercrime (20003), p. 17. Organisations, Cybeer Crime andd Money
Launderring (1999) p.44
p
Tenth U..N. Congresss on Prevenntion of Crim me
annd Treatmennt of Offendeers was heldd in McA
Afee Annuaal Reports 2014,
2 Articlee: Cyber
V
Vienna on Appril 10-17, 2000. Pays: Thhe Hidden Truth
T Aboutt Online
Gamblinng Sites availablle on
R.K. Suuri & T.N N. Chabra: Cybercrim
me
http://wwww.informaationsecuritybbuzz.co
(R
Reprint, 2003) p.45.
m/cyberrcrime-pays--hidden-truthh-
R. Nagppal: What is
i Cyber Crime?
C (20004), online-ggambling-sitees/
p.109, See also
a Dr. V. N. Paranjaape,
Infoormation Technology
T Amendmennt Act,
C
Cyber Crimess and Law, ed.
e 2010 p. 25-
2
2004 annd 2008.
66.
Infoormation Tecchnology Acct, 2000.
Bobby Art
A Internatio
onal vs Om Pal
P Singh, AIR
A
1996 SC 1846; see also Samaresh
S Boose
vs Amal Mitrra, AIR 19866 SC 967

7