ENVIRONMENTAL LAW

IMPORTANT QUESTIONS:
1. Explain the term environment and pollution and its kinds, causes
and effects.
2. Explain the various provisions of C.P.C, C.R.P.C,IPC and tort
applicable in environment
3. What are ancient Indian method and approaches to maintain
healthy environment and minimize pollution.
4. Explain salient features of environment protection act 1986 with
specific reference to constitution and functions of pollution control
board.
5. Explain constitution and functions of environmental tribunal.
6. Explain various constitutional provisions which are applicable to
minimize pollution and for healthy environment
7. Explain writ jurisdiction of courts to control pollution with leading
cases.
8. Briefly explain various international convention to preserve and
protect environment
9. Ecology and ecosystem
10. Ozone depletion
11. Global warming
12. Absolute liability
13. National environmental tribunal
14. Fundamental duties article 51
15. Stockholm declaration 1972
16. Ramsar declaration 1972
17. BONN convention 1992
18. Earth summit 1992
19.Remedies/ relief from smoke and noise
20. Climate change
21. Kyoto protocol
22.Transactional pollution

23.Role of UNEP for protection of environment?

24.Law relating to preservation conservation protection of forest wild

life endangered species?

1.Explain the term environment and pollution and its kinds, causes,
and effects?

Ans. Meaning of Environment:

The environment can be defined as a sum total of all the living and
non-living elements and their effects which influence human life.
While all living or biotic elements are animals, plants, forests,
fisheries, and birds, etc. The non-living or abiotic elements include
water, land, sunlight, rocks, and air, etc

• Types of Resources

Renewable and Non-Renewable Resources

(1) Renewable Resources

• Renewable resources are those resources which can never be

exhausted or depleted with their continuous use.
• There remains a continuous supply of renewable resources.
• Example: Water, Trees, etc.

(2) Non-renewable Resources

• Non-renewable resources are those resources which get

exhausted with their extraction and use.
• Example: Coal, Petroleum, Iron ore, etc.

Pollution is the introduction of contaminants into the natural

environment that cause adverse change. Pollution can take the form
of chemical substances or energy, such as noise, heat, or light.
Pollutants, the components of pollution, can be either foreign
substances/energies or naturally occurring contaminants

• The materials that cause pollution are of two types:

1. Persistent pollutants: Those pollutants which remain consistent in

the environment for a long period of time without any change in its
original form are called persistent pollutants. For example pesticides,
nuclear wastes, and plastics etc.

2. Non-persistent pollutants: These pollutants are the opposite of

persistent pollutant and break down in the simple form. If this process
of breaking down is done by living organisms, then such pollutants are
referred to as biodegradable pollutants.

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

• Air Pollution
• Water Pollution
• Soil Pollution
• Noise Pollution

Besides these 4 types of pollution, other types exist such as light

pollution, thermal pollution and radioactive pollution. The latter is
much rarer than other types, but it is the deadliest.

Air Pollution

• Air pollution refers to the release of harmful contaminants

(chemicals, toxic gases, particulates, biological molecules, etc.)
into the earth’s atmosphere. These contaminants are quite
detrimental and in some cases, pose serious health issues. Some
causes that contribute to air pollution are:
• Burning fossil fuels
• Mining operations
• Exhaust gases from industries and factories

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

• Increased risk of respiratory illness and cardiovascular problems

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

Water pollution is said to occur when toxic pollutants and particulate

matter are introduced into water bodies such as lakes, rivers and seas.
These contaminants are generally introduced by human activities like
improper sewage treatment and oil spills. However, even natural
processes such as eutrophication can cause water pollution.

Other significant causes of water pollution include:

• Dumping solid wastes in water bodies

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

The effects of water pollution are very pronounced in our

environment. Furthermore, toxic chemicals can bioaccumulate in
living beings, and these chemicals can travel their way up the food
chain, ultimately reaching humans.

Soil Pollution

Soil pollution, also called soil contamination, refers to the degradation

of land due to the presence of chemicals or other man-made
substances in the soil. The xenobiotic substances alter the natural
composition of soil and affect it negatively. These can drastically
impact life directly or indirectly.
 • Some of the common causes of soil pollution are:
• Improper industrial waste disposal
• Oil Spills
• Acid rain which is caused by air pollution
• Mining activities
• Intensive farming and agrochemicals (like fertilizers and
pesticides)
• Industrial accidents

The effects of soil pollution are numerous. Specific wastes, such as

radioactive waste become particularly hazardous when they are not
well-contained

Noise Pollution

Noise pollution refers to the excessive amount of noise in the

surrounding that disrupts the natural balance. Usually, it is man-
made, though certain natural calamities like volcanoes can contribute
to noise pollution.

• Noise pollution has several contributors, which include:

• Industry-oriented noises such as heavy machines, mills,
factories, etc.
• Transportation noises from vehicles, aeroplanes, etc.
• Construction noises
• Noise from social events (loudspeakers, firecrackers, etc.)
• Household noises (such as mixers, TV, washing machines, etc.)

Noise pollution has now become very common due to dense

urbanization and industrialization. Noise pollution can bring about
adverse effects such as :
 • Hearing loss
• Tinnitus
• Sleeping disorders
• Hypertension (high BP)
• Communication problems

2.Explain the various provisions of C.P.C, C.R.P.C, I.P.C and Tort

applicable in environment ?

Ans. INDIAN PENAL CODE (IPC):

Related to environmental protection the provision has been defined

in chapter IV of the IPC. Some of the provisions are:-

a) SECTION 268 OF INDIAN PENAL CODE 1860:-

Under this section public nuisance has been defined. In this the
following ingredients has to be fulfilled:-

(i) A person is guilty of an offence if he does any act, or an illegal

omission.

(ii) Such act or illegal omission must cause any ‘common injury’,
danger or annoyance to the public or to the people in general who
dwell or occupy property in the vicinity or obstruction, danger or
annoyance to persons who may have occasion to use any public right.

(iii) Such act or illegal omission must necessarily cause injury

3) SECTION 290 OF THE INDIAN PENAL CODE 1860:-

a) It provides punishment for public nuisance (which includes

pollution cases also) in cases not otherwise provided for. These
offences are punishable with fine which may extend to 200 rupees.

4) SECTION 277 OF THE INDIAN PENAL CODE 1860:-

a) As regards to water pollution section 277 requires: –

(i) There must be a voluntary corruption or fouling waters.

(ii) The water must be of a public spring or reservoir.

(iii) The water must be rendered less fit for the purpose for which it is
ordinarily used.

b) Fouling of the water of river running in a continuous stream is not

an offence under section 277 of IPC. But yet it may be an offence
under section 290, if evidence shows that the act was such as to cause
common injury or danger to the public.

REMEDIES OF ENVIRONMENTAL PROTECTION IN CRPC:

• The provisions of Chapter X of the Criminal Procedure Code of

1973 provide effective, speedy and preventive remedies for
public nuisances cases including insanitary conditions, air, water
and noise pollution. It contains provisions for enforcement of
various provisions of the substantive law

Section 133 of the Criminal Procedure Code provides that a district

magistrate or sub divisional magistrate or any other executive
magistrate specially empowered on this behalf by the State
government can make a conditional order to remove such nuisance,
and if the nuisance maker objects to do so, the order will be made
absolute.
a) The remedy under section 133 of Cr. P.C. has several advantages
that should lead to its choice in seeking to prevent environmental
damage. Any person can simply complain to an executive magistrate
to set it in motion keeping in mind the mandatory nature that has
been read into section 133.

b) It is also comparatively speedier and when evidence is taken under

section 138 it is to be taken as in summons case which provided for
trial in a summary manner.

• Section 144 of the Criminal Procedure Code confers powers on

an executive magistrate to deal with emergent situations by
imposing restriction on the personal liberties of individuals,
whether in a specific locality or in a town itself, where the
situation has the potential to cause unrest or danger to peace
and tranquility in such an area, due to certain disputes. In
addition s. 144 of Cr. P.C provides for situations of emergency
where orders can be passed exp-parte, without giving notice etc.
The magistrate has wide powers under s.133 to stop or remove
the nuisance even he can pass orders requiring public bodies to
perform their mandate.

Remedies Under Tort LA:

• Tort law is based upon the principles aeœsic uteve two ut

alininum non lex dasae means so use your property as not harm
others. Although tort law does not deal directly with pollution
control still one can spell out rules of pollution control and
successfully apply them from the principles evolved out of
certain aspects of the law. Majority of environment pollution
cases of tort in India fall under four major categories:
# Nuisance,

# Trespass,

# Negligence,

# Strict Liability.

3.What are the ancient Indian method and approaches to maintain

healthy environment and minimize pollution?

Ans. ANCIENT INDIAN APPROACH TO ENVIRONMENT

At the most general levels there are nine tatvas or elements; Earth,
Water, Fire, Air, Sky, Time, directions, Mind and Soil. Indian
mythology explains that elements originate in phases. Water, Earth
and sky come first; aquatic animals and birds second; land third; air or
wind fourth and finally fire.

If we look back into our ancient literature, it provides a good deal of

knowledge about each and every aspect of life. We have rich
literature inherited by our ancestors. In case of environment
conservation we can learn a lot from our ancestors.

Our ancestors have long been among the most outspoken defenders
of nature’s balance. For the Hindu, nature is sacred, to be respected
and cared for. Thus we can say that ancient Indians were very much
aware about the ecology and sustainability. It helps in solving specific
environmental problems and the modern principles of sustainability
were adopted at that time.

Methods of Environmental Conservation

1. Forest conservation
Afforestation and reforestation help in conserving the forests, which
are responsible for trapping absorbing a huge amount of carbon
dioxide from reaching the atmosphere. We should make it our life
mission to plant trees as much as possible, both on public and private
lands, and take care of them. Additionally, legislation that protects
the forests should be highlighted, so that we help in environmental
conservation.

2. Soil conservation

Soil conservation helps control erosions and improves the soil for
agricultural purposes. We should plant more trees, protect pasture
lands, and grow cover crops which regulate the blowing away of soils.
We should also minimize the use of chemicals, use compost fertilizers
and terrace farms on slopy lands.

3. Managing waste

Solid waste is produced by market areas, industries, homes,

settlement areas and many other locations. We should therefore
manage our solid wastes and help keep the environment healthy.
Municipalities should also conduct programs that manage solid
wastes, designating litter bins all over the towns and collecting the
waste regularly. Additionally, we should teach ourselves how to
manage our waste without littering all over.

4. Recycling

We should learn to recycle everything we can for as long as it is

possible. Glass, paper, plastic and even metal are reusable, and
should not be thrown away after its original use. about 90% of all
plastic bottles do not reach recycling units and this is unfortunate.
They are not biodegradable and about 500 billion of them are used
every year. Reusing these bottles, containers, bags and more will help
in environmental conservation.

5. Reducing our water consumption

Clean, fresh and safe water is precious and not easily available. It is
therefore very crucial to save as much water as possible, and prevent
water pollution, otherwise, it will be scarce in years to come. Reduce
the number of baths, take showers, use the washing machine only, do
not discard waste in bodies of fresh water, and recycle, so that we
conserve the little freshwater we have now.

6. Control pollution

We should regularly maintain our cars and leave them at home for as
much as it is possible as they are a primary source of air pollution.
Using rechargeable batteries helps the environment as we will not be
prone to throwing them away once they are empty.

Composting also avoids littering, and not only does it protect the
environment, but is also a reliable source of natural manure. Avoid
chemical fertilizers, herbicides, pesticides and insecticides that pollute
the environment. We should control pollution in as much as it is
possible, to conserve the environment.

7. Create public awareness

Make people aware of the consequences of our activities through the

various means available such as social media, seminars and the
traditional media. Also, discuss environmental protection with your
friends and family members so that everyone is made aware of
environmental conservation, ways to conserve the environment and
potential consequences if we do not take care of the environment.

4.Explain salient features of environment protection act 1986 with

specific reference to constitute and functions of pollution control
board?

Ans.This Act is an umbrella legislation designed to provide a

framework for the co-ordination of central and state authorities
established under the Water (Prevention and Control) Act, 1974 and
Air (Prevention and Control) Act, 1981. Under this Act, the central
government is empowered to take measures necessary to protect and
improve the quality of the environment by setting standards for
emissions and discharges; regulating the location of industries;
management of hazardous wastes, and protection of public health
and welfare.

Salient features of the Environment Protection Act, 1986

• The Act covers all forms of pollution; air, water, soil and noise.
• It provides the safe standards for the presence of various
pollutants in the environment.
• It prohibits the use of hazardous material unless prior
permission is taken from the Central Government.
• It allows the central government to assign authorities in various
jurisdictions to carry out the laws of this Act.

functions of pollution control board (PCB):

• The main function of the Pollution Control Board is to improve

the quality of air, promote cleanliness of water bodies and to
prevent pollution.
If may also perform the following functions:

1. Advise the Government on prevention and control of pollution.

2. Carry out and encourage investigations and research relating to

pollution problems.

3. Plan and organize training programes for persons involved in

prevention and control of pollution.

4. Organize through mass media, a comprehensive programme

regarding pollution and control.

5. Collect, compile and publish technical and statistical data, manuals,

codes and guides.

5.Explain constitution and functions of environmental tribunal?

Ans. National Green Tribunal Bill 2009

• The Government of India introduced The National Green

Tribunal Bill, 2009 on 31st July 2009.
• The bill provides for the establishment of a Green Tribunal to
deal with environmental cases specifically related to
environmental protection and conservation of natural resources.
• This Tribunal would replace the National Environment Tribunal
and the National Environment Appellate Authority.
• The Tribunal would function under the Supreme Court of India
and have jurisdiction over all civil matters related to the
environment. It will have powers to order relief and
compensation to the victims of environmental damage.
 • Before the tribunal came into existence, the normal courts used
to hear environmental issues. After the establishment of the
Green Tribunal, approximately 5000 pending cases were
transferred to the Green Tribunal

Functions of the National Green Tribunal Act

• It is a body that has expertise in handling the disputes related to

the environment which includes multi-disciplinary issues as well.
• The Code of Civil Procedure, 1908, shall not bind the Tribunal
as it is to be guided by natural justice principles.
• The jurisdiction of the Tribunal shall provide speedy trials of the
environment-related matters and help in reducing the burden of
cases pending in the higher courts.
• The tribunal is mandated to dispose off environment-related
issues within 6 months of filing the complaint.
• It is required to apply principles such as sustainable
development at the time of awarding compensation or giving
orders.
• It should have in mind the principle that whoever is found
polluting will have to pay i.e. the principle of ‘Polluter Pays’.
• The National Green Tribunal is not bound by the rules
mentioned in the Indian Evidence Act.

6.Explain various constitutional provisions which are applicable to

minimize pollution and for healthy environment?

Ans. The Indian Constitution contains specific provisions for

environment protection under the chapters of Directive Principles of
State Policy and Fundamental Duties. The absence of a specific
provision in the Constitution recognizing the fundamental right to
clean and wholesome environment has been set off by judicial
activism in the recent times.

Articles 48-A and 51-A. Clause (g):

• Initially, the Constitution of India had no direct provision for

environmental protection. Global consciousness for the
protection of environment in the seventies, Stockholm
Conference and increasing awareness of the environmental crisis
prompted the Indian Government to enact 42nd Amendment to
the Constitution in 1976. The Constitution was amended to
introduce direct provisions for protection of environment. This
42nd Amendment added Article 48-A to the Directive Principles
of State Policy.

Article 49-A:

• The State shall endeavor to protect and improve the

environment and to safeguard the forests and wildlife of the
country.”
• The said amendment imposed a responsibility on every citizen in
the form of Fundamental Duty.

Article 51-A, Clause (g):

Article 51-A (g) which deals with Fundamental Duties of the citizens
states:

• “It shall be the duty of every citizen of India to protect and

improve the natural environment including forests, lakes, rivers
 and wildlife and to have compassion for living creatures.”
• Thus, protection and improvement of natural environment is the
duty of the State (Article 48-A) and every citizen (Article 51- A (g)

Article 253:

• Article 253 states that ‘Parliament has power to make any law
for the whole or any part of the country for implementing any
treaty, agreement or convention with any other country. In
simple words this Article suggests that in the wake of Stockholm
Conference of 1972, Parliament has the power to legislate on all
matters linked to the preservation of natural environment.
Parliament’s use of Article 253 to enact Air Act and Environment
Act confirms this view. These Acts were enacted to implement
the decisions reached at Stockholm Conference.

The Constitution of India has made a double provision:

(i) A directive to the State for protection and improvement of

environment.

(ii) Imposing on every citizen in the form of fundamental duty to help

in the preservation of natural environment. This is the testimony of
Government’s awareness of a problem of worldwide concern. Since
protection of environment is now a fundamental duty of every citizen,
it is natural that every individual should do it as personal obligation,
merely by regulating the mode of his natural life. The citizen has
simply to develop a habitual love for pollution.

7.Explain writ jurisdiction of courts to control pollution with leading

cases?
Ans.Writ petitions:

the Supreme Court of India and High Courts of various states have
held that the fundamental right under Article 21 of the Constitution of
India – the right to life –includes the right to clean and healthy
environment; pollution free environment; clean and hygienic
environment, etc. Over the last three decades, persons affected by
environmental degradation have approached the Supreme Court and
the High Courts on numerous occasions, requesting the courts to
protect their fundamental right to life which was being violated due
to environmental degradation.

• Every person has a fundamental right under Article 32 of the

Constitution to approach the Supreme Court in case his/her
fundamental right has been violated. Therefore, any person who
believes that his/her right to life under Article 21 is being
violated by certain actions or inactions of the government or
even a private party, can file a writ petition before the Supreme
Court
• For example, in 1989 a writ petition was filed by Indian Council
for Enviro-legal Action, an environmental organization, in the
Supreme Court under Article 32 highlighting the plight of
villagers in Rajasthan affected by chemical pollution due to
certain industries.3 The pollution had poisoned the ground
water, and the soil had become unfit for cultivation. The
government agencies – the Central Government, the Rajasthan
government and the Rajasthan State Pollution Control Board –
had not been able to take adequate action against the
industries. The Supreme Court held that the inability of the
government agencies to perform their statutory duties and
 control pollution from industries was violating the fundamental
right to life of the villagers under Article 21.
• Persons can also file a writ petition in the High Court of their
state under Article 226 of the Constitution in environmental
matters. Unlike the jurisdiction of the Supreme Court under
Article 32 of the Constitution, the High Courts may be
approached not only for a violation of a fundamental right, but
also for a violation of a statutory right. An appeal from a
judgment of the High Court can be filed in the Supreme Court.
• The Supreme Court and the High Courts have very wide powers
under Articles 32 and 226. The courts can direct the concerned
government agencies to comply with their legal duties and
protect the rights of people and communities.
• They can also direct the suspension (temporary or permanent)
of activities causing environmental problems, or cancel permits
granted to future activities that could potentially cause
environmental damage. Courts can award compensation for loss
suffered due to environmental degradation, direct the
restoration of the environment (for example a polluted pond) to
a condition before the pollution, order assessment studies,
inspection of sites by experts, installation of pollution control
devices, etc

8.Breifly explain various international convention to preserve and

protect environment?

Ans. Different nations have come together on their own accord to

create international agreements about how to maintain, protect, and
care for the earth’s natural resources. These international agreements
and treaties are often drafted during large meetings, or conventions,
that representatives from various interested nations attend.

The Ramsar Convention on Wetlands

• The goal of the Ramsar Convention is to protect and conserve

wetland resources. In 1971, representatives from multiple
nations met in the Iranian city of Ramsar and signed a treaty
that recognized “wetlands of international importance.” In this
case, the term wetland includes all water habitats and biomes
except the oceans.
• Using an ecosystem-centered approach and implementing
sustainable use practices, the Ramsar Convention describes how
each nation and the international community together can
protect wetland habitat all over the world by following these
recommendations:
• Create national wetland policies within each nation.
• Consider the traditional and cultural value of wetlands.
• Encourage sustainable use practices to support water quality,
fisheries, wildlife habitat, agriculture, and recreation.
• Strengthen community involvement in wetland conservation.
• Increase education and knowledge of wetland resources.

The Convention on International Trade in Endangered Species

• The Convention on International Trade in Endangered Species,

or CITES, is one of the largest international agreements
concerning the environment. Since its creation in the 1960s,
CITES has succeeded in preserving endangered or threatened
species all over the world.
 • Members of this agreement work together to govern the trade
in endangered species and to make sure that endangered
animals and plants aren’t harmed by international trade that
further diminishes their populations. One of their most difficult,
ongoing struggles is keeping poachers from illegally harvesting
animal products, such as elephant ivory and rhinoceros horns.

The Convention on Biological Diversity

• The Convention on Biological Diversity (CBD) is an international

convention whose focus is on preserving global biodiversity in
the age of genetically modified organisms. The Cartagena
Protocol on Biosafety is an agreement created by members of
the CBD to safely control the transportation of genetically
modified organisms.
• The protocol describes guidelines for transporting living things
that have been genetically modified or are otherwise the results
of biotechnology to avoid potential ecosystem disruption or
endangering human health.

United Nations agreements

• The United Nations (UN) is an international organization with

members from nearly every nation in the world. Formed after
World War II with the goal of providing a place for discussion
and resolution of conflict without war, the UN has also played a
large role in other international agreements.

Stockholm Declaration

• The Stockholm Declaration was created as a result of the UN

Conference on the Human Environment in 1972. The declaration
 states that humans have a shared responsibility to care for the
earth’s resources and global environment.

Montreal Protocol

• The Montreal Protocol is an agreement signed by all UN

members concerning the role humans play in the destruction of
the stratospheric ozone layer. Prior to current debates about
climate change and global warming, every nation in the UN
agreed that humans needed to halt ozone damage by air
pollutants.

UN Framework Convention on Climate Change

• The UN Framework Convention on Climate Change (UNFCCC) is

an agreement that came out of a large meeting in Rio de Janeiro
in 1992 called the Earth Summit. Nations that were interested in
understanding global climate change and reducing the impact of
human activities on the world global climate system signed this
agreement, which laid the groundwork for later agreements like
the Kyoto Protocol.

Kyoto Protocol

• The Kyoto Protocol of 1997 is probably the most well-known of

the UNFCCC updates concerning climate change. At a meeting in
Kyoto, Japan, many nations agreed to set limits on carbon
dioxide and other greenhouse gas emissions. The nations that
signed the Kyoto Protocol agreed to a binding contract to limit
their greenhouse gas emissions
9.Ecology and Ecosystem?

Ans. Ecology

Ecology can be defined as the relationship shared by organisms with

the environment and with each other. The main three constituents of
ecology are the following-

• Interactions and relationships with the surrounding environment

• Interactions and relationships with other organisms
• Living organisms

Every plant and animal present in the ecology relies on the numerous
aspects of the environment, in order to get nutrients, water, and
food. Another thing that is studied in the field of ecology is how the
organisms respond to the atmosphere, topography, soil, and climate
and water availability.

Additionally, the following things are studied in extensive detail

when it comes to ecology-

• Biodiversity within the ecosystem

• Abundance and distribution of organisms present in the
environment
• Progress changes and modifications in the ecosystem
• The effects of environmental factors on organisms present in a
population
• Adaptations, interactions and life processes of any specific
species

Ecosystem

The ecosystem consists of all the living species in a community and

dealing with several external and abiotic factors. An ecosystem is
divided into two parts-biotic and abiotic. Biotic factors include the
living beings of the ecosystem and the abiotic factors include the non-
living physical beings. The most common abiotic factors are water,
soil, sunlight, minerals, and other things. Two aspects hold the biotic
and abiotic factors together-

• The cycling of various nutrients in the ecosystem

• The flow of energy through the ecosystem

10.Ozone depletion?

Ans. Ozone Depletion: Ozone depletion is the process of destruction

of the ozone layer which can cause adverse effects on the living forms
by many pollutants releases out from the vehicles, industries etc.
Ozone layer depletion is one of the major environmental issues which
is getting thinner day by day as a result of increasing pollution.
Ozone Layer
It refers to “Ozonosphere”. The ozone layer is a thin layer that acts as
a protecting shield by absorbing harmful UV- radiations. It is situated
in the lower portion of the stratosphere region. The ozone layer is
present about 20-30km above the earth surface.
The thickness of the ozone varies, but generally;
Near equator: It is thinner
Near pole: It is thicker
Cause of Ozone Depletion
The depletion of ozone in the stratosphere by the number of gaseous
pollutants like nitric oxide (NO), nitrous oxide (N2O), chlorine (Cl),
chlorofluorocarbons (CFCs) etc.
These gaseous pollutants react with the ozone to produce oxygen by
which the net result is the depletion of ozone
Effects of ozone depletion
It is a serious issue that can cause a number of effects to the living
organisms which categorizes into:
Effects on human health
• Skin cancer (sometimes refers as “malignant melanoma”).
• Eye cataract by direct exposure.
• Skin ageing
• The weakening of the immune system
• Skin infections
• tanning of skin

Control of ozone depletion

The control measures of ozone depletion can be done by following

ways:

• Spread awareness about the ozone depletion.

• There should be restricted use of CFCs.
• Atomic nuclear explosions should be banned as they emit nitric
oxide.
• The eco-friendly household cleansing product must be used.

11.Global warming?

Ans. Global warming is the long-term rise in the average temperature

of the Earth's climate system. It is a major aspect of climate change,
and has been demonstrated by direct temperature measurements
and by measurements of various effects of the warming
• The largest human influence has been the emission of
greenhouse gases such as carbon dioxide, methane, and nitrous
oxide.
• The effects of global warming include rising sea levels, regional
changes in precipitation, more frequent extreme weather
events such as heat waves, and expansion of deserts.
• Generally, impacts on public health will be more negative than
positive. Impacts include the direct effects of extreme weather,
leading to injury and loss of life and indirect effects, such as
under nutrition brought on by crop failures. Temperature rise
has been connected to increased numbers of suicides. Climate
change may also lead to new human diseases

12.Absolute liability?

Ans.According to the rule of absolute liability, if any person is engaged

in an inherently dangerous or hazardous activity, and if any harm is
caused to any person due to any accident which occurred during
carrying out such inherently dangerous and hazardous activity, then
the person who is carrying out such activity will be held absolutely
liable. The exception to the strict liability rule also wouldn’t be
considered.

The rule laid down in the case of MC Mehta v UOI was also followed
by the Supreme Court while deciding the case of Bhopal Gas Tragedy
case. To ensure that victims of such accidents get quick relief through
insurance, the Indian Legislature passed the Public Liability Insurance
Act in the year 1991.

This is one of the most landmark judgment which relates to the

concept of absolute liability. The facts of the case are that some
oleum gas leaked in a particular area in Delhi from industry. Due to
the leakage, many people were affected. The Apex Court then evolved
the rule of absolute liability on the rule of strict liability and stated
that the defendant would be liable for the damage caused without
considering the exceptions to the strict liability rule.

13.National environmental tribunal?

Ans. An Act to provide for strict liability for damages arising out of any
accident occurring while handling any hazardous substance and for
the establishment of a National Environment Tribunal for effective
and expeditious disposal of cases arising from such accident, with a
view to giving relief and compensation for damages to persons,
property and the environment and for matters connected therewith
or incidental thereto

WHEREAS decisions were taken at the United Nations Conference on

Environment and Development held at Rio de Janeiro in June, 1992, in
which India participated, calling upon the States to develop national
laws regarding liability and compensation for the victims of pollution
and other environmental damages

AND WHEREAS it is considered expedient to implement the decisions

of the aforesaid Conference so far as they relate to the protection of
environment and payment of compensation for damage to persons,
property and the environment while handling hazardous substances

14.Fundamental duties article 51?

Ans. The Fundamental Duty, given in Article 51 A(g) of the Indian
Constitution clearly mentions the duty of the citizen to protect the
environment. According to this article, it is the duty of every citizen to
protect and preserve the natural environment (natural environment
includes forest, rivers, lakes, and wildlife). A healthy environment is
an essential element of the welfare of any society.

In the case of M.C. Mehta v. Union of India Article 51(g) was enforced
by the Supreme Court. In this case, 274.50 million liters of sewage
water was being discharged into the river Ganga on a daily basis. This
case is about the city of Kanpur, which is the biggest city on the bank
of river Ganga. Here water pollution was to a great extent that’s why
the petitioner filed a petition in the Supreme Court. Here Apex Court
of the country found that Municipal bodies and industries in Kanpur
were the main reason for polluting the river. Therefore judgment was
taken against Kanpur Nagar Mahapalika. In this case, Nagar
Mahapalika and Municipal Boards were held liable because it is their
responsibility to maintain and protect the environment in the areas of
Kanpur.

15.Stockholm declaration 1972?

Ans. Stockholm Declaration

The Stockholm Declaration was created as a result of the UN

Conference on the Human Environment in 1972. The declaration
states that humans have a shared responsibility to care for the earth’s
resources and global environment. Some of the principles that the
Stockholm Declaration outlines include
That humans have a fundamental right to freedom, equality, and
healthy living conditions

That natural resources must be protected to benefit humans now and

in the future

That humans have a shared responsibility to maintain and manage the

earth’s resources, wildlife, and habitat

Although the Stockholm Declaration doesn’t bind any nation to

specific action, it does outline that nations will work together in
international cooperation to maintain a healthy, pollution-free global
environment for the good of all humankind. As a result of this
declaration, the UN created the UN Environment Program (UNEP) to
help nations develop and implement more sustainable practices.

16.Ramsar declaration 1972?

Ans.The goal of the Ramsar Convention is to protect and conserve

wetland resources. In 1971, representatives from multiple nations
met in the Iranian city of Ramsar and signed a treaty that recognized
“wetlands of international importance.” In this case, the term
wetland includes all water habitats and biomes except the oceans.

Using an ecosystem-centered approach and implementing sustainable

use practices, the Ramsar Convention describes how each nation and
the international community together can protect wetland habitat all
over the world by following these recommendations:

Create national wetland policies within each nation.

Consider the traditional and cultural value of wetlands.

Encourage sustainable use practices to support water quality,

fisheries, wildlife habitat, agriculture, and recreation.

Strengthen community involvement in wetland conservation.

Increase education and knowledge of wetland resources.

17.BONN convention 1992?

Ans.The Convention on the Conservation of Migratory Species of Wild

Animals, also known as the Convention on Migratory Species (CMS) or
the Bonn Convention, is an international agreement that aims to
conserve migratory species within their migratory ranges. The
Agreement was signed under the auspices of the United Nations
Environment Programme and is concerned with conservation of
wildlife and habitats on a global scale.

Signed in 1979 in Bonn, West Germany, the Convention entered into

force in 1983. As of September 2020, there are 131 Member States to
the Convention. The depositary is the Government of the Federal
Republic of Germany.

The CMS is the only global, and United Nations-based,

intergovernmental organization established exclusively for the
conservation and management of terrestrial, aquatic and avian
migratory species. The CMS, and its daughter Agreements, determine
policy and provide further guidance on specific issues through their
Strategic Plans, Action Plans, resolutions, decisions and guidelines.

18.Earth summit 1992?

Ans. The United Nations Conference on Environment and
Development (UNCED), also known as the Rio de Janeiro Earth
Summit, the Rio Summit, the Rio Conference, and the Earth Summit
(Portuguese: ECO92), was a major United Nations conference held in
Rio de Janeiro from 3 to 14 June in 1992.

Earth Summit was created as a response for Member States to

cooperate together internationally on development issues after the
Cold War. Due to issues relating to sustainability being too big for
individual member states to handle, Earth Summit was held as a
platform for other Member States to collaborate. Since the creation,
many others in the field of sustainability show a similar development
to the issues discussed in these conferences, including non-
governmental organizations (NGOs)

The issues addressed included:

• systematic scrutiny of patterns of production — particularly the

production of toxic components, such as lead in gasoline, or
poisonous waste including radioactive chemicals
• alternative sources of energy to replace the use of fossil fuels
which delegates linked to global climate change
• new reliance on public transportation systems in order to reduce
vehicle emissions, congestion in cities and the health problems
caused by polluted air and smoke
• the growing usage and limited supply of water
• An important achievement of the summit was an agreement on
the Climate Change Convention which in turn led to the Kyoto
Protocol and the Paris Agreement. Another agreement was to
"not to carry out any activities on the lands of indigenous
 peoples that would cause environmental degradation or that
would be culturally inappropriate".
• The Convention on Biological Diversity was opened for signature
at the Earth Summit, and made a start towards redefinition of
measures that did not inherently encourage destruction of
natural ecoregions and so-called uneconomic growth.

19.Remedies-Relief from smoke and noise?

Ans. Remedies for fighting air pollution

There are plants all around us that can help us to fight the negative
effects that air pollution can have on the human body. Herbs, or
medicine that contains herbal compounds, have the following general
benefits:

• Easing chest and nasal congestion,

• Soothing airways that are irritated,
• Suppressing symptoms such as sneezing, coughing and swelling
of the glands,
• They have antihistamine and anti-oxidant qualities,
• They are harmful to toxins that cause problems in the upper
respiratory system.
• Most herbs that are promoted for their health benefits today
have been in use for centuries. They include:

1. Lobelia

Potter’s Encyclopedia of Botanical Drugs and Preparations considers

Lobelia as one of the most important discoveries of herbal medicine.
It contains an alkaloid named Lobeline, which helps to ease
congestion. Due to its anti-spasmodic quality, it’s used in over the
counter medicine for treating bronchitis, resulting in deeper and
easier breathing.

2.Lungwort

Since the 1600’s, lungwort has been used for treating respiratory
illnesses and for clearing airways. Its high mucilage content makes it
quite useful for treating chronic bronchitis. It can also be used to treat
asthma and coughs when combined with herbs like coltsfoot

20.Climate change?

Ans. Climate Change is normally known as the variation in global and

regional climates over time. It reflects changes in the variability or
average state of the atmosphere over time scales ranging from
decades to millions of years.

The earth's climate is dynamic and always changing through a natural

cycle. What the world is more worried about today is that the changes
that are occurring today have been speeded up. These changes may
be caused by natural processes, for example continental rift,
volcanoes, ocean currents, the earth's tilt, and comets and
meteorites, as also those which are based on human activities or
created by man. It is now well documented that in global warming
happening today, human activities contribute maximum to its causes.

Climate Change presents to society as a whole a wide range of

threats, and a narrower range of opportunity, on the political,
economic and social level. It also poses questions and challenges for
the law. These legal questions and challenges are relevant not just to
the lawyers; but it affects all members of a society, whether as policy
makers, business people, and campaigners of all hues or individual
citizens

21.Kyoto protocol?

Ans.The Kyoto Protocol is an international agreement that aimed to

reduce carbon dioxide (CO2) emissions and the presence of
greenhouse gases (GHG) in the atmosphere. The essential tenet of the
Kyoto Protocol was that industrialized nations needed to lessen the
amount of their CO2 emissions

The protocol was adopted in Kyoto, Japan in 1997, when greenhouse

gases were rapidly threatening our climate, life on the earth, and the
planet, itself. Today, the Kyoto Protocol lives on in other forms and its
issues are still being discussed.

22.Transactional pollution?

Ans. Transboundary pollution is the pollution that originates in one

country but can cause damage in another country’s environment, by
crossing borders through pathways like water or air. Pollution can be
transported across hundreds and even thousands of kilometers. As
the pollution crosses the jurisdictional limit of one country to another,
it is known as Transboundary pollution.

One of the problems with Transboundary pollution is that can carry

pollution away from a heavy emitter and deposit it onto a nation
whose emissions are relatively low.

23.Role of UNEP for protection of environment?

Ans. The United Nations Environment Programme (UNEP), established
in 1972, addresses environmental issues at the global and regional level
for the United Nations. UNEP’s mission is “to provide leadership and
encourage partnership in caring for the environment by inspiring,
informing, and enabling nations and peoples to improve their quality of
life without compromising that of future generations.”
To accomplish its mission, UNEP:
• assesses environmental conditions and trends at the global,
regional and national levels;
• develops international agreements and national environmental
instruments; and
• strengthens institutions for wise environmental management.
UNEP is governed by the United Nations Environment Assembly, a
council with universal membership that sets the UNEP agenda

24.Law relating to preservation conservation protection of forest wild

life endangered species?

Ans. Wild Life (Protection) Act of 1972 and Amendment, 1982

• In 1972, Parliament enacted the Wild Life Act (Protection) Act.

• The Wild Life Act provides for
• state wildlife advisory boards,
• regulations for hunting wild animals and birds,
• establishment of sanctuaries and national parks,
• regulations for trade in wild animals, animal products and
trophies, and
 • judicially imposed penalties for violating the Act.
• Harming endangered species listed in Schedule I of the Act is
prohibited throughout India.
• Hunting species, like those requiring special protection
(Schedule II), big game (Schedule III), and small game
(Schedule IV), is regulated through licensing.
• A few species classified as vermin (Schedule V), may be
hunted without restrictions.
• Wildlife wardens and their staff administer the act.
• An amendment to the Act in 1982, introduced a
provision permitting the capture and transportation of wild
animals for the scientific management of animal population.

Forest (Conservation) Act of 1980

• First Forest Act was enacted in 1927.

• Alarmed at India’s rapid deforestation and resulting
environmental degradation, Centre Government enacted the
Forest (Conservation) Act in1980.
• It was enacted to consolidate the law related to forest, the
transit of forest produces and the duty liveable on timber and
other forest produce.
• Forest officers and their staff administer the Forest Act.
• Under the provisions of this Act, prior approval of the Central
Government is required for diversion of forestlands for non-
forest purposes.
• An Advisory Committee constituted under the Act advises the
Centre on these approvals.
 • The Act deals with the four categories of the forests, namely
reserved forests, village forests, protected forests and private
forests.

Reserved forest

• A state may declare forestlands or waste lands as reserved

forest and may sell the produce from these forests.
• Any unauthorized felling of trees quarrying, grazing and hunting
in reserved forests is punishable with a fine or imprisonment, or
both

Village forests

• Reserved forests assigned to a village community are called

village forests.

Protected forests

• The state governments are empowered to designate protected

forests and may prohibit the felling of trees, quarrying and the
removal of forest produce from these forests.
• The preservation of protected forests is enforced through rules,
licenses and criminal prosecutions.

PREPARED BY

SUMMAIYA-MEHMOOD