Environmental law

UNIT: 1
Que:1 Environment historical background and definition.
Ans:
Introduction: Environmental law is the collection of laws, regulations, agreements and common
law that governs how humans interact with their environment. The purpose of environmental law is
to protect the environment and create rules for how people can use natural resources. The purpose
of Environmental laws is not only aim to protect the environment from harm, but they also
determine who can use natural resources and on what terms. Laws may regulate pollution, the use
of natural resources, forest protection, mineral harvesting and animal and fish populations.

What do environmental law regulate:

Air Quality – Air quality laws protect the air from pollution and may include measures to protect the
air from things like ozone depletion.

Water Quality – Environmental laws may protect water from pollution. They may also determine
who can use water and how to handle potential problems like treating waste water and managing
surface run off.

Waste Management – Municipal waste, hazardous substances and nuclear waste all fall in the
category of waste management.

Contaminant Cleanup – Not all environmental law focuses on preventing pollution. Contaminant
cleanup deals with addressing pollution after it happens. Laws may include protocols for cleanup as
well as civil and criminal punishment for polluters.

Chemical Safety – Chemical safety regulations manage things like pesticide use and chemicals in
products like plastic bottles.

Hunting and fishing – Environmental laws may regulate and protect wildlife populations. Lawmakers
determine who can hunt and fish and how these activities are regulated.

Definition: Environment
The environment has been defined as that outer physical and biological system in which man and
other organisms live as a whole. Human environment consists of both physical environment and
biological environment. Physical environment covers land, water and air. Biological environment
includes plants, animals and other organisms.

‘Environment’ defined under the Environmental Protection Act, 1986, ‘Environment’ includes Water,
air and land and the inter-relationship which exists among and between, water, air, land, and human
beings, other living creatures, plants, microorganisms and property.

The term environment has been derived from the term ‘environ’, which means ‘to surround’ Thus,
etymologically(historical prespective) environment means ‘surrounding conditions, circumstances
affecting people’s life.
‘Environment’ includes water, air and land and the inter-relationship which exist among and
between water, air, land and human beings, other living creatures, plants, micro-organisms and
property.
It includes the complex physical, chemical and biological factors surrounding an organism or an
ecological community. Such factors act and interact with various species and organisms to affect
their form, growth and survival. Any unfavourable alteration of this environment is called
environmental pollution. Air, water, land, radiation and thermal are the common type of pollution.
Obviously, the “Environment” comprises all entities, living and non-living, natural or man-made,
external to oneself, and their interrelationships, which provide value, now or perhaps in the future,
to humankind. Environmental concerns relate to their degradation through actions of humans.
The goals of the Environmental policy may be formulated in several ways - to protect human health,
ensure viability of wild life, preservation of historic monuments, stopping further degradation of the
environment etc.
Provision of Environmental Law In India Apart from international laws, every country has enacted
laws regarding environment protection, pollution control etc. In India, there are several acts for
environment protection that says protection of environment is the duty of government.
Policy and Laws in Medieval India (1638-1800 AD) To Mughal rulers, forest meant no more than
woodlands where they could hunt. The history of medieval India is dominated by Muslim Rulers
where no noteworthy development of environmental jurisprudence took place except during the
rule of Mughal Emperor Akbar. During Akbar’s rule except rulers’ others are prohibited from hunting
or shikar. But no major initiatives took place during medieval period to prevent environmental
protection and conservation of natural resources as the rulers were only interested in war, religion
propagation and empire building. Barring “royal trees” which enjoyed patronage from being cut
except upon a fee, there was no restriction on cutting of other trees, hunting animals, etc. Forests
during this period shrank steadily in size.
Laws in British India (1800-1947 AD)

• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of seawater.
• Merchant Shipping Act of 1858 dealt with prevention of sea pollution by oil.
• The Fisheries Act, 1897
• The Bengal Smoke Nuisance Act of 1905
• Bombay Smoke Nuisance Act of 1912
• Wild Birds and Animals Protection Act, 1912
Laws after Independence (1947)

The Indian Constitution, as adopted in 1950, did not deal with that the subject of environment or
prevention and control of pollution as such (until 1976 Amendment). The post independent Indian
approach was centered on economic development and poverty alleviation and not on resource
conservation.

The year 1972 was a landmark in the field of environment, when United Nations Conference on the
Human Environment was held at Stockholm (Sweden) from 5th to 16th June, in which "Declaration
on the Human Environment" was adopted. This may be considered as the beginning of environment
movement in the world.

The Stockholm Declaration of 1972 was perhaps the first major attempt to conserve and protect the
human environment at the international level. The preamble of it states, 'the need for a common
outlook and for common principles to inspire and guide the peoples of the world in the preservation
and enhancement of the human environment.[4]
As a consequence of this Declaration, the States were required to adopt legislative measures to
protect and improve the environment. Accordingly, Indian Parliament inserted two Articles, i.e., 48A
and 51A in the Constitution of India in 1976.[5]

In India a separate ministry namely The Department of Environment was established in 1980 to
ensure a healthy environment for the country.

Environment And the Indian Constitution

The Indian Constitution is among the few in the world that contains specific provisions on
environmental protection.
Laws made by national, provincial and local government add to the rights and responsibilities that
are part of the constitution and the common law. These laws also called legislations must comply
with the constitution but they can amend change the common hand.
Protection of Life and Personal Liberty is embodied in Article 21. It states, “No person shall be
deprived of his life or personal liberty except according to procedure established by law.”
The Indian Constitution guarantees the ‘right to equality’[6]to all persons without any
discrimination. This indicates that any action of the ‘State’ relating to environment must not infringe
upon the right to equality as mentioned in the Article 14 of the Constitution. The Stockholm
Declaration, 1972, also recognized this principle of equality in environmental management[7]and it
called up all the worlds’ nations to abide by this principle.
In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve
the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every
citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife.
Let us further examine the provisions in the Indian Constitution for the protection of environment.
The 42nd amendment to the constitution was brought about in the year 1974 makes it the
responsibility of the state government to protect and improve the environment and to safeguard the
forests and wildlife of the country. The latter, under fundamental duties, makes it the fundamental
duty of every citizen to protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures.
The Art 47 provides that “It is the duty of the state, to raise the level of nutrition and the standard of
living and to improve public health, the state shall endeavour to bring about prohibition of the
consumption except for medicinal purposes intoxicating drinks and of drugs which are injurious to
health. Art. 48A provides that the state shall endeavour to protect and improve the environment
and to safeguard the forests and wildlife of the country.

Art. 51A, included in the Constitution by the 42nd amendment Act, 1976 has the provisions as
fundamental duties, says 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 and to develop the scientific temper, humanism and the other spirit of inquiry and
reform, and to safeguard public property and to abjure violence.
One of the most innovative parts of the Constitution is that the Writ Jurisdiction is conferred on the
Supreme Court under Article 32 and on all the High Courts under Article 226. Under these provisions,
the courts have the power to issue any direction or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo- warranto and certiorari, whichever is appropriate. This
has paved way for one of the most effective and dynamic mechanisms for the protection of
environment, that is, Public Interest Litigations.
Role of Panchayat and Municipalities

The Constitution (Seventy-third 73 Amendment) Act 1992 and the Constitution (Seventy –fourth 74
Amendment) Act 1992 have given a Constitutional status to the panchayats and the Municipalities
respectively. Article 243-B provides or the establishment of intermediate and district levels. Article
243-G authorises the legislature of State to endow the Panchayats with such powers and authority
as may be necessary to enable them to function as institution of self-government.
The Eleventh Schedule along with other matters contains following maters which are directly or
indirectly related to environment like, agriculture, soil conservation, water management and
watershed development; fisheries; social forestry and farm forestry; minor forest produce; drinking
water; health and sanitation; and maintenance of community assets.
The matters which are related to environment in the twelfth Schedule may be enumerated as
follows:

Urban planning including town planning regulation of land use water supply; public health,
sanitation, conservancy and solid waste management, urban forestry, protection of the environment
and promotion of ecological aspects; provision of urban amenities such as park grounds ; cremation
grounds and electric crematoriums; prevention of cruelty to animals regulation slaughter houses and
tanneries.
Judicial Contribution

The right of a person to pollution free environment is a part of basic jurisprudence of the land.
Article 21 of the Constitution of India guarantees a fundamental right to life and personal liberty. The
Supreme Court has interpreted the right to life and personal liberty to include the right to
wholesome environment. The Court through its various judgements[12]has held that the mandate of
right to life includes right to clean environment, drinking-water and pollution-free atmosphere.
It was Mr. M.C Mehta who revived the concept of environmental jurisprudence in India through PIL.
Others too had their silent but noteworthy roles to play. Some of the landmark judgements having
fair share in development of the environmental jurisprudence in India are:

Narmada Bachao v/s Union of India[14]

Way back in 1946, the then government of the Central Provinces and Berar and the then
government of Bombay requested the Central Waterways, Irrigation and Navigation Commission to
take up investigation on the Narmada River system for basin wise development of the river with
flood control, irrigation, power and extension of Navigation as the objectives in view. The matter was
referred to a tribunal in 1968 constituted under the Inter-State Water Disputes Act, 1956. Based on
the agreement between the Chief Ministers of 4 States [M.P, Maharashtra, Rajasthan and Gujarat]
the tribunal declared is award on 16thAugust 1978. In order to meet the financial obligation,
consultations started in 1978 with the World Bank for obtaining a loan. In May 1985 the loan was
sanctioned, and in 1987 the Ministry of Environment and Forest accorded Environmental Clearance
subject to certain conditions.

The Supreme Court observed that the Sardar Sarovar Project would make a positive impact on the
preservation of environment. The project has been long awaited by the people of Gujarat to whom
water will be available to the drought prone and arid parts, this would help in effectively arresting
ecological degradation which was returning the make these areas inhabitable due to salinity ingress,
advancement of desert, ground water depletion, fluoride and nitrite affected water and vanishing
green cover. The ecology of water scarcity areas is under stress and transfer of Narmada water to
these areas will lead to sustainable agriculture and spread of green cover.

There will also be improvement of fodder availability, which will reduce pressure on bio-diversity
and vegetation. The SSP by generating clean eco-friendly hydropower will save the air pollution
which would otherwise take place by thermal general power of similar capacity. Following the above
analysis the Court thought it unfit to interfere with the construction of the dam, as its advantages
over took its disadvantages. The construction of the dam was allowed subject to certain conditions.
Such interpretations of Article 21 by the Supreme Court have over the years become the basis of
environmental jurisprudence, and have been instrumental in helping in the name of protection of
India’s environment. Also in addition to this there now exists a number of laws relating to
environment, enacted over the last few decades.
Taj Mahal Case

In Taj Mahal's case, the Supreme Court issued directions that coal and coke based industries in Taj
Trapezium (TTZ) which were damaging Taj should either change over to natural gas or to be
relocated outside TTZ. The court was conscious that environmental changes are the inevitable
consequences of industrial development in our country, but at the same time the quality of
environment cannot be permitted to be damaged by polluting the air, water and land to such an
extent that it becomes a health hazard for the residents of the area. Showing deep concern to the
environment, the Court observed that ‘every citizen has a right to fresh air and to live in pollution-
free environment.
Again the Supreme Court directed to protect the plants planted around Taj by the Forest
Department as under[16]:“The Divisional Forest Officer, Agra is directed to take immediate steps for
seeing that water is supplied to the plants... The Union Government is directed to release the funds
immediately without waiting for receipt of the proposal from the U.P. Government on the basis of
the copy of the report. Funding may be subsequently settled with the U.P. Government, but in any
set of circumstances for want of funds the officer is directed to see that plants do not wither away.”
The apex Court gave various directions including banning the use of coal and coke and directing the
industries to switch over to Compressed Natural Gas (CNG).
Ganges Pollution Case:

The Supreme Court of India reacting to the public interest litigations has passed several judgments
and a number of Orders against polluting industries numbering more than fifty thousand in the
Ganga basin. As a result of these directions millions of people have been saved from the effects of
air and water pollution in Ganga basin covering 8 states in India.
Kamal Nath’s Case

The irony of this case is that a Public Interest Litigation was filed against the family members of
Kamal Nath, the Minister of Environment and Forests, Govt. of India. The family members of the
Minister own the Span motel in the State of Himachal Pradesh. They diverted the Course of River
Beas to beautify the motel. The Supreme Court of India had directed the owners of the Motel to
hand over the forest land to the Govt. of Himachal Pradesh and further order the removal of all sorts
of encroachment spending the money from their own pocket.
In M.C. Mehta vs. Union of India, AIR 1987 SC 1086 (Popularly known as “Oleum Gas Leak Case”) –
The Supreme Court treated the right to live in pollution free environment as a part of fundamental
right to life under Art.21 of the Constitution. The Supreme Court held that where an enterprise is
engaged in a hazardous or inherently dangerous activity and harm results to any one on account of
an accident in the operation of such hazardous and inherently dangerous activity resulting in the
escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are
affected by the accident and such a liability is not subject to any exception. The enterprise must be
absolutely liable to compensate for such harm and it should be no answer to the enterprise to say
that it had taken all reasonable care and that the harm occurred without negligence on its part.
Absolute liability is one tort where fault need not be established. It is no-fault liability.
Further, the A.P. High Court in T. Damodar Rao vs. S.O., Municipal Corporation, Hyderabad, (AIR
1987 A.P. 171)laid down that right to live in healthy environment was specially declared to be part of
Art.21 to the Constitution.
Conclusion
In India, the concern for environmental protection has not only been raised to the status of
fundamental law of the land, but it is also wedded with human rights approach and it is now well
established that, it is the basic human right of every individual to live in pollution free environment
with full human dignity. It is high time that the general public, public entities, state and central
government realize the damage, which our developmental process has made to the living
environment. For the success of the local government laws relating to the environment it is essential
to create a sense of civic consciousness and public hygiene in the use of municipal services like
roads, public places, drainage etc. Strict enforcement of the provisions of law also is needed. Law is a
strong medium to compel the citizens to observe cleanliness and thereby to combat pollution.
Environmental protection laws in India need a new orientation in the modern context.

Que: 2 environment issues and importance:

Ans:

Introduction: An environment is generally defined as the surroundings or conditions in which a person,

animal or plant survives or operates. From this, it must be relatively easy for one to comprehend its
importance in the famed cycle of life. Our environment is constantly (day by day) changing, and as our
environment changes so does the need to become increasingly aware of the environmental issues that
are causing these changes. With a massive increase in natural disasters, warming and cooling periods,
and different types of weather patterns, people need to be more careful with the way they lead their
lives in conjunction with the types of environmental issues our planet is facing.

Issues of environment which we are facing:

Environmental Issues

Environmental issues are the harmful effects of human activities on the environment. These include
pollution, overpopulation, waste disposal, climate change, global warming, the greenhouse effect,
etc. Various environment protection programs are being practised at the individual, organizational
and government levels with the aim of establishing a balance between man and the environment.

Some of the current environmental issues that require urgent attention are:

Climate Change

Climate change is a great concern in today’s scenario. This problem has surfaced in the last few
decades. Greenhouse gases are the major cause of climate change. On the other hand in winters the
season of summer we can see and in summer a heavy hot wave we can see easily in future it will be
impossible to live in that environment. Environmental changes have several destructive impacts such
as the melting of glaciers, change in seasons, epidemics, etc.

Global Warming
The burning of fossil fuels, emissions from automobiles and chlorofluorocarbons add to the
greenhouse gases in the atmosphere. This has led to an increase in the earth’s temperature causing
environmental changes. This increase in temperature across the globe is known as global warming.

Ozone Layer Depletion

The ozone layer is a layer of concentrated ozone gas. It protects us from the sun’s harmful ultraviolet
rays. This very important layer is being destroyed by CFCs (chlorofluorocarbons), which are used in
industries and everyday life (e.g. aerosol cans).The chlorine in these compounds destroys the ozone
layer. The hole in the ozone layer leaves humans and wildlife exposed to harmful UV rays resulting in
several skin diseases including cancer.

Water Pollution

The introduction of harmful substances into rivers, oceans, lakes and ponds, which changes the
physical, chemical or biological condition of the water is called water pollution. The polluted water
lacks oxygen and therefore the organisms die. Water is the main source of life and therefore it is our
prime duty to prevent it from any kind of pollution.

Air Pollution

Air pollution is the result of emissions from industries, automobiles, and the increasing use of fossil
fuels. The gaseous emissions have added to an increase in the temperature of the earth. Not only
this, but it had also increased the risk of diseases among individuals.

Solid Waste Management

Solid-waste management is defined as the discipline associated with the generation, storage,
collection, transfer and transport, processing, and disposal of solid waste in a manner that it does
not have a harmful effect on the environment. 

Deforestation

Deforestation is the depletion of trees and forests at an alarming rate. The trees provide us with
oxygen, and several raw materials and also maintain the temperature of the earth. Due to the
depletion of trees for commercial purposes, there has been a drastic change in the earth’s climate.

Forests are an abode to a large number of wild animals and plants. Destruction of forests has led to
the elimination of a large number of plants and animal species affecting biodiversity.

Overpopulation

The earth’s population is increasing drastically. It is estimated to be more than seven billion. The
increasing population has led to a shortage of resources. If this continues, it will be very difficult to
sustain such a huge population. The other environmental issues including pollution, waste
management, deforestation, climate change and global warming are all associated with
overpopulation.

Importance of environment: The environment is an important issue even when society is faced with
economic crises, wars, and unending social problems. It matters because Earth is the only home that
humans have, and it provides air, food, and other needs.

Ecosystem Importance
Humanity's entire life support system depends on the well-being of all the species living on earth.
This is commonly referred to as the biosphere, a term coined by Vladimir Vernadsky, a Russian
scientist in the 1920s. Biosphere refers to one global ecological system in which all living things are
interdependent. Within the overall biosphere or ecosystem, there are smaller ecosystems like
the rainforests, oceans, the desert and the tundra.

Living and Non-Living Parts

An ecosystem is composed of living and non-living parts, whether it is terrestrial or aquatic, explains
the book Valuing Ecosystem Services: Toward Better Environmental Decision-Making available
through The National Academy Press. The non-living parts are the soil, water, air, and nutrients, and
living elements are plants, animals, micro-organisms, and humans. A healthy ecosystem has all the
chemical elements and nutrients circulating in a cycle while supporting millions of species. The
myriad of species all help in the process of cycling elements when they produce food, eat, go about
their lives, and even through their deaths. In this process a variety of goods and services are created
that are useful for humans.

Food Chain

The food chain is an example of a useful part of the ecosystem. Encyclopedia Britannica explains that
plants use sunlight, water, and elements in soil and air to create food for themselves. They are in
turn eaten by animals and micro-organisms. Humans are the top of the food pyramid in any
ecosystem because they use plants and animals for food. Earthworms and small insects, like bees
pollinating plants, are all part of the environment without whom the food chain would be broken.
World production can be gauged when one considers that 2,533 million tons of cereals alone were
grown in 2015 according to Food and Agriculture Organization of the United Nations (FAO) in the
first Summary Table.

The University of Minnesota points out that the nutritional value of food has decreased since the
1950s, "so we are now getting less nutrition per calorie in our foods." The Organic Center (pg. 5),
explains that as crop yields increase the nutritional value is decreasing, because of industrial farming
that relies on monoculture and the excessive use of chemicals as fertilizers and pesticides which has
upset many of the natural processes. Due to this, humans should consider the environment
important so they don't disrupt the chain and cause problems with their food.

Natural Resources and Products Derived From Them

Besides food, ecosystems provide several other natural resources useful for people. The Economics
of Ecosystems and Biodiversity (TEEB) calls these resources an ecosystem's "provisioning services,"
since people derive nearly all their material needs or provisions this way. The most important are:

Water - Water is important enough to be declared a human right by the United Nations (pg. 1 and
2).

Medicines - Many plants have been used as medicines for hundreds of years, and are even now
exploited by modern pharmaceuticals, according to TEEB.

Clothing - Clothes are produced from plants like wood pulp, cotton, hemp, jute or animal products
like silk, wool, and leather, as listed by Natural Fibres; in addition synthetic clothes are produced
from petroleum products say Trusted Clothes.

Wood - Wood from forests or plantations is used as fuel or in construction and furniture states TEEB.
Biofuels - Biofuels, like bioethanol, are extracted from wheat, corn or biomass crops like willow,
according to Union of Concerned Scientists.

Fossil fuels - Fossil fuels, such as coal, gas and crude oil used in transportation, energy generation
and production of plastics and chemicals, depend on dead plant and animal biomass produced by
previous ecosystems that are stored and accumulated over millions of years on earth, explains BBC
Bitesize.

Air Quality and Disaster Control

The TEEB considers that trees and forests in the environment play an important role in regulating air
and climate.

Quality of Air

Trees produce oxygen when they produce their food through photosynthesis. In addition during this
process trees also use carbon dioxide in the air and reduce its concentrations in the atmosphere,
points out BBC-GCSE Bitesize. This process regulates and maintains the carbon cycle. This is the
reason cutting trees leads to global warming. Trees can also remove pollutants in the air.

Temperature Moderation

TEEB says shade cast by trees and plants also moderates temperatures, making warm places cooler,
and providing warmth in cold areas.

Prevention of Disasters

Natural ecosystems that are undisturbed can moderate severe events and limit their damage. For
example, swamps on coasts can slow water flow and hold water from sea storms, and prevent
flooding and its associated destruction of habitats and human settlements.

Biodiversity

Biodiversity is the sum of diversity at various levels: ecosystems, species, populations and genes.
A scientific study in 1999 (pg. 2 and 3) estimates that there are 10 million species in the world.

What Biodiversity Affects

Biodiversity in terms of number of species and individuals (or population size) of a species can also
impact many processes in its ecosystem such as:

Natural cycling of elements, like nitrogen or carbon, and soil fertility

Water purification and rainwater harvesting

Pest and disease cycles

Drought resistance of an area or forest

Natural Beauty

Another reason the environment is so important is because it is a source of natural beauty. People
enjoy nature for recreation, sports such as skiing in snow or rafting, and tourism according to TEEB.
Nature is considered necessary for proper physical and mental health too, according to
the University of Minnesota. Unfortunately the planet is in danger. Many species of animals and
plants are nearing extinction, and more and more beautiful, open spaces are disappearing as new
buildings and factories are built.

Environmental Problems Affect Human Life

When any ecosystem is off kilter, it impacts the entire planet. All the environmental problems that
exist have far-reaching implications for the health of the planet and its inhabitants.

Conclusion: There are three elements for survival for a human begins, without with he cannot
survive which are food, heath and water. The all depends upon our environment because food is
depends upon the crops and crops are depends upon rain. Everything in our nature depends upon
each other if we harm the environment then side effect of the environment must be seen. In present
every country want to become a developed country but development of a country will harm our
environment so we have to protect our environment as we protect of society and lovelyhood.

Que: 3 ancient and medieval writings.

Ans:

Introduction: This article discusses the protection of the environment in the ancient Indian and
Medieval period by analysing ancient human history and how sustainable development and
environmental protection was reflected through the lives and activities of human beings. The
discovery of various documents in the early period builds a nexus between forests, natural resources
and living beings.

Indian texts such as the Arthashastra, Sathapatha Bhramanas, Vedas, Manusmriti, Ramayana,

Mahabharata etc., enable us to understand the concepts of environment conservation and
maintaining forest ecology. The striking city planning and social structure that existed in the Indus
Valley civilisation also indicates the presence of environmental awareness during the medieval
period.

In the words of Dr Abdul Kalam:

“Ancient India Was A Knowledge Society That Contributed A Great Deal To Civilization. We Need To
Recover The Status And Become A Knowledge Power. Spirituality Must Be Integrated With
Education. We Should Ignite Our Dormant Inner Energy And Let It Guide Our Lives. The Radiance Of
Such Minds Embarked On Constructive Endeavour Will Bring Peace, Prosperity, And Bliss To The
Nation.

Introduction

Environment comprises of an artificial, physical, chemical and biological element which helps in the
development and advancements of living organisms. Environment law consists of a set of
procedural, institutional and substantive rules of international law, the chief objective of which is to
protect the environment.

The United Nations Conference on human-environment held in Stockholm in 1992 was the first
time, the conceptualization of the environment was elucidated, at the international
level. Recognition was given, not only to the importance of environment but also to the other
deteriorating factors which required protection, such as poverty, deforestation, increase in
population and not just limiting environment to air, water, soil and wildlife etc.
In India, traces of environment protection, sustainability can be identified through various sources of
ancient Indian literature, where different themes such as preservation, safeguarding and
management of the environment can be detected. Most of the elements of nature were considered
to be holy within the Hindu theology, which is practised even in present times.

Significant care was provided for natural resources, the five primary elements were worshipped and
considered symbolic during ancient India- ‘earth’, ‘water’, ‘light’, ‘cosmos’ and ‘air’. The sacred
book such as Vedas, Upanishads, and Puranas gives a clearer view regarding the relationships that
exist between nature and man along with the liability of mankind towards nature.

Various verses in these Vedic Literatures state the importance of safeguarding environment and
prevention of pollution. Folklore, art culture, Myths and religion treasured solar energy, trees and
wildlife. 

Ancient literature on Environment Protection

Kautilya’s Arthashastra

Kautilya, also known as Chanakya, was a minister of Chandragupta Maurya. The book formulated by
him is a thesis on the government and economies of ancient India. The book provided information
regarding rainfall regimes, soil types and suitable irrigation techniques in specific micro ecological
context.

The Arthashastra has various sutras in different chapters, relating to themes of statecraft and

administration, which depicts environmental awareness. 

The book put forth significant importance on safeguarding and managing forests, gardens and
orchards which were considered as a notable source of revenue, besides being a recreational spots.
The Arthashastra dissected the country between the Himalayas and the oceans into various kinds of
regions- Village areas (gramya), Mountains (parvata), Forests (Aranya), Drylands (bhauma), Plains
(sama) and uneven lands (visawa).

The Arthashastra gives a demonstration of Kautilya’s concern and perception about the living
animals, domestic as well as wild animals. Penalties and strict punishments were imposed for
injuring these living creatures.

Special positions were occupied by directors of forests, superintendents of cattle, horses, elephants,
and pastures, supervisor of animal slaughter. They were delegated the task to protect and safeguard
wildlife, prevented the act of poaching of wild animals, ensured proper care of domestic animals and
regulated grazing. 

Forests were considered as a treasured resource, all products from the forest were asked to be
used in a sustainable manner. For cutting any part of a tree, fines were imposed upon causation of
any kind of injury.

Considerable amount of significance was given to the trees which bear fruit, flowers or provide
shade. Presently, there are various environmental laws like Water (Prevention and Control of
Pollution) Act 1974, The Forest Conservation Act 1980 and the Wildlife (Protection) Act 1972 and
are similar with the forms and contents of Arthashastra. 

Manusmriti

The Manusmriti was written in the post-Vedic age, it is the world’s first ethical collection on human
jurisprudence, presented by Maharshi Manu, which was derived immediately post Vedic age.
The dicta for abolishing pollution in Manusmriti depicts the refection of ecological awareness during
that time:

Biodiversity signifies all living forms broadly attributed as Chara (movable living world) and Achara
(immovable- plant kingdom)

Pollution refers to deterioration of five gross elements by unethical activities.

Anything against wholesomeness was considered as contamination. (Ssoucha).

Storing organs of plants such as underground stems and tuberous roots, tasteful fruits, timber
yielding trees, crops etc were objects of allurement in that time period. Various punishments were
described in the Manusmriti for punishment of the offenders.

Significance was given for conserving animals, protection of biodiversity, vegetarian food habits. The
Manusmriti also states that agriculture causes injury to animals, especially insects and germs in the
soil.

For conserving biodiversity, it also states that fishes should not be killed for food purposes. Hoofed
animals, village pigs and unknown beasts should be protected. Killing of asva (horse), ustra (camel),
mriga (deer), Khara (ass), ibha (elephant), Aja (goat), ahi (snake), ahisa (buffalo) was considered as a
sin as well. 

Vedas, Puranas and Upanishads

The Vedas encompasses knowledge of various concepts regarding nature and life, such as ecological
balance, environment conservation and weather cycle. This gives a brief and transparent picture of
how people in ancient India were concerned about protection and cleaning of the environment.

The Hindu philosophy in these texts mostly revolves around forests, wildlife and trees. Issues such as
deforestation have been addressed in these texts, and was prohibited and termed as a punishable
offence.

Vedas are considered as sacred Sanskrit texts of Hinduism. According to a few scholars, the great
sage Ved Vyasa, codified and put the Vedas into writing at the beginning of Kali Yuga (3102 BC).
These are known as Shruti Vedas, which includes- Rig Veda (Wisdom of the Verses), Sama Veda
(Wisdom of the Chants), Yajur Veda (Wisdom of the Sacrificial Formulas), and Atharva Veda (Wisdom
of the Atharvan Priests). 

All the four Vedas, recognize the significance of preserving seasons’ cycles that has a possibility of
getting altered due to climate change as a result of unsuitable human actions. People during the
Vedic times considered nature and the environment in an integrated manner and believed in
preserving them. 

“Do not harm the environment, do not harm the water and the flora, earth is my mother, I am her
son, may the waters remain fresh, do not harm the waters.  Tranquillity be to the atmosphere, to the
waters, to the crops and vegetation.’’

“mātā bhūmih putruahan pṛthivyā:’’ 

The Rigveda talks about nature which is inclusive of lakes, mountains,  heaven and earth, the forests
or the waters were worshipped and adored as divinity and given the names Varuna, Indra,
Maruts etc.,  and was considered to be directly responsible for securing a requisite balance.
Rig Veda (6:48;17) states

“Do Not Cut Trees, Because They Remove Pollution.”

Plants were equated with mother, friends and deities. The voices of the trees were considered as the
sounds of drums, flutes and lutes. Various hymns present, depicts the importance of various
elements of the environment – akashor firmament, Vayu or air, Agni, Tejas or fire, Prithvi or earth,
apah or water. Sustainability and preservation of Nature was given high importance. 

Indian sages, like Manu, propounded punishment for individuals who cut trees. In the Vedic age,
‘yajnas’ were performed for purification of the environment. Perfumed ‘haven’ materials along with
ghee were used during these yajnas.

Sages during the Vedic period believed that mountains caused rains, fresh air and provided
medicines as well. Water was considered as a symbol of Purity and was to be free from pollution;
emphasis was given for the same as it was a common resource used by all.  The Sun and fire play the
most important role in purifying the environment. Animals and birds were considered as a part of
the environment and nature. 

The Upanishads were a collection of texts that contained a core belief of the concept of Hinduism,
which is common to that of Buddhism And Jainism. Hinduism acknowledged that the human body is
composed of five senses, and each sensor is connected to the earth. (Example- Human Eyes are
connected to Fire, Skin to Air, Tongue to Water etc.)

This connection was considered as a link between nature and humans. The Environment was
considered to be sacred and an inseparable part of human existence. The Chandogya, which is one
of the principal of Upanishads, pointed out-

“The rivers, all discharge their waters into the sea. They lead from sea to sea, the clouds raise them
to the sky as vapour and release them in the form of rain.

The Yajur Veda 5:43 states

Do Not Disturb The Sky And Do Not Pollute The Atmosphere”. Apart from the Vedas, Upanishads,
Puranas, Sutras , there are other sanctified texts of Hinduism that contains various references that
worship nature.

The ideas of the legal protection of ecology and environment are also established in Kautilya’s
‘Arthasastra’ and the writing relating to the system of governance adopted by Ashoka. 

Later these Vedas became to demonstrate profound knowledge about biodiversity. The Ayurveda
depicted the interrelationship between living species and the environment. Medicinal plants such as
Palash, Arjun, Yava, Haridra etc, were widely used for treatment. 

Environmental Awareness during Indus Valley Civilization

The Indus Valley Civilization also known as the Bronze Age civilization, extended to today’s northeast
Afghanistan, Pakistan and northwest India. In addition to Ancient Egypt and Mesopotamia, it is
considered as one of the most widespread and earliest civilization.

It blossomed in the basins of Indus River, which was one of the major rivers of Asia and Ghaggar-
Hakra River. Environment awareness during this civilization could be understood by the city planning
and social structure of the city. However, the prime reason for the fall of this civilisation would be
the environmental changes.
In various Coins and seals of Harappa, wide variety of animals were included such as elephants,
rhinoceroses etc. The presence of the remains of wild animals like peacocks, tigers, elephants, bulls
in the seals and mud pots contemplate their views towards natural resources.

The continuity of a sacred tree in India called as, Ficus religiosa is depicted in the seals of the Indus
civilization, this is also associated with Buddhism and is also represented in the sculptures of various
Buddhist place of worships and continues to be idolized in various religious shrines of the Hindus and
the Muslims.

The Medieval Indian Context

In the medieval period, though there have been instances of the establishment of nature parks,
gardens like gulistan,bostan and fruit orchards by the Mughal rulers around their palaces and along
banks of rivers, they did not have any definite policy to protect the forests or wildlife. Rather, for
them it was considered to be a good source of revenue and pleasure. However, the notable feature
of the Mughal regime was the growth of interest in natural history. An administrative Post
“Muhtasibs” were vested with the duty of prevention of pollution. The account of Babar
(Baburnama) gives a detailed description of the fauna of India in a very systematic manner.

After giving the features of India's physical geography, he proceeds to describe first the mammals,
then birds and finally, aquatic animals(Moosvi 2017, 1).He further mentions that in Hindustan,
there were a great variety of flowers, that include djasun(Hibiscus rosasinensis), kanir
(Neriumodorim), kiura (Pandanus odoratissimus, the screw pine), and yasman

(jasmine),the white champa by name(Amirthalingam 2016, 181).Later, Jahangir‟s Tuzuk-

iJahangiri investigations in Natural History shows his interest in animals, birds and fauna.

It also infers that he owned a greater scientific bent of mind than his great-grandfather. He had
perhaps greater leisure than Babur had, and to satisfy his sense of curiosity, Jahangir

patronized a large number of artists to whom he ordered to portray the animals and birds. He
also commissioned for accurate paintings of flowers. Foremost, among these artists

was Mansur who painted the flora of Kashmir in great detail. The attempt to introduce new fruits
was a natural corollary to it. Akbar's governor Ali QuliAfshar introduced sweet cherry in

Kashmir by graftingand he also used grafting to improve the quality of oranges in the imperial
gardens. Shahjahan generously lifted the ban on grafting and the grafted oranges began to be
widely popular. Both Babar‟s account of Indian flora and fauna and Jahangir‟s investigations in
natural history are well known, and Salim Ali, the celebrated ornithologist, drew attention to
their contributions as naturalists long ago. Salim Ali, the ornithologist had acknowledged Both

Babar‟s account of Indian flora and fauna and Jahangir‟s investigations in natural history as
naturalists.

The text on ethics written by Adbul Qadir Badauni begins by a quote attributed to Prophet
Muhammad that says, “God condemns him who kills a cow, cuts down a tree or sells away

a human being”. Badauni lists sins and offenses; according to him, the three sins that are most
heinous are cutting down a shady tree, making a profession of killing animals and selling
away human beings. Akbar‟s efforts in promoting afforestation in common property resources,
management of water bodies, and his disapproval of killing animals are legendary(Moosvi

2017, 1–2). Jahangir was responsible for laying out some of the finest gardens in Mughal India. He
also made it possible to cultivate high altitude trees like the cypress, juniper, pine and the

Javanese sandal tree in the plains of India. Under his commission, more than a hundred
paintings of Kashmir flowers such as the lotus, lily, tulip, jasmine, hollyhock and saffron

flowers were made. Thus, it is evident that Jahangir qualifies as a keen researcher and fine
observer of the flowers of Kashmir. He also cataloged, observed and investigated the

fruit trees of Kashmir in a scientific manner. This included the pear, the guava, grapes,
pomegranates, mulberries, and the Persian melon(Amirthalingam 2016, 184).During the Mughal

period, hunting, especially of the lion and tiger, was restricted to the members of the royal family
only. This, in the long run, helped to preserve them.

Conclusion:

Various literary texts caution us against environmental degradation and for ensuring effective
sustainability. The Mahabharata states that although it takes a few, to deteriorate the environment
and cause pollution, it warns the society at large that it may cause various diseases.

Chanakya’s reference to vikriti (pollution), warns people regarding the side effects of impurity in air
and polluted water. Similarly in the Quran, reference is made regarding the environment which says-
“Do not make mischief on the earth”.

Christians baptize a newborn child in the water, which denotes ‘purification from original sins’.
In Buddhism, Gautam Buddha was fond of trees and stated that trees provide shade and shelter. He
preached in Vanaropa Sutra in Sanyukta Nikaya, that gardening and afforestation were acts which
increased the doer’s credit every day.

In Jainism, the core principle revolves around minimum destruction of living and non- living beings. 
According to Lord Mahavira- “To kill or to hurt any living being amounts to killing or hurting oneself.
The compassion of others is compassion to one’s own self.”

All religions as well as ancient literatures in India have an ingrained nature of environmental
overtones which was to observe ecological code and conduct towards nature and its creations.The
modern society is becoming rational and it believes in

science, logic and proof leaving no place for spirituality. Eventually, the society and
circumstances has forced the human to detach themselves from the nature. Now it‟s high
time that we should understand the value of nature and the references of ancient India on the
protection of the existence of humankind.

Que:4 role of tradition and cultural practice in india.

Ans: ENVIRONMENTAL PROTECTION AND RELIGIOUS AND CULTURAL HERITAGE IN INDIA

Introduction: All religions and cultures have something to offer to conservation and environmental
protection. From each religion several injunctions or exhortations can be brought forth to form a
code for environmentally sustainable development. This is amply and extensively demonstrated in
the codes of the various religions.

ENVIRONMENT AND HINDUISM The sanctity of all life on this planet and elsewhere is clearly
ingrained in the Hinduism. The Supreme God has absolute sovereignty over all creatures including
humans. According to Hindu scriptures all lives have the same right to existence. Human beings have
no dominion over other creatures. They are forbidden to exploit nature; instead they are advised to
seek peace and live in harmony with nature. The Hindu religion demands veneration, respect and
obedience to maintain and protect the harmonious unity of God and nature. This is demonstrated by
a series of divine incarnations, as enunciated by Dr. Karan Singh in the Assisi Declaration: The
evolution of life on this planet is symbolized by a series of divine incarnations beginning with fish,
moving through amphibious forms and mammals, and then on into human incarnations. 45 This
view clearly holds that man did not spring fully formed to dominate the lesser life forms, but rather
evolved out of these forms itself, and is therefore integrally linked to the whole of creation.2 Hindu
philosophy provides a solid foundation for the doctrine of Ahimsa (non-violence) and this
presupposes the doctrines of karma and rebirth. The Hindu beliefin the cycle ofbirth and rebirth,
wherein a person may come back as an animal or a bird, means that the Hindus give other species
not only respect, but also reverence. This provides a solid foundation for the doctrine ofahimsa -
non-violence (or non-injury) against animals and human beings alike, and Hindus have a deep faith in
this doctrine. The soul may return in different life forms and with this belief there is a profound
opposition to the institutionalized killing of animals, birds and fishes for human consumption.
Hinduism considers the Nature as ‘the body ofGod’. Different birds and animals are associated with
different Gods and Goddesses and worshipped or the emphasis is on their protection and
preservation. Finally Hindu religion provides a moral guideline for environmental preservation and
conservation. Abuse and exploitation of nature is considered as unjust and sacrilegious.
Environmental Protection in Vedas Vedic literature (about 1500 BC) clearly speaks that there is an
integral balance in Man, Nature and The God. Natural forces were considered to be expressions
ofthe Lord Himself and are venerable entities. Vedas envisage a beautiful natural environment on
earth and command the man not to pollute. 46 In Rig Veda it is mentioned that universe consists of
five basic elements namely Earth, Water, Air, Fire and Space (Ether). These five elements provide
basis for life in everything and man is ordained to conserve them. Yajur Veda talks about propitiation
and peace of all components of earth. Atharvana Veda considers earth to be the Mother and the
creations are her offsprings. There is a command not to degrade the resources ofMother Earth.
Water is considered to be the milk ofthe Mother Earth which fosters the growth of all its offsprings
and makes them pure in 100 ways. Rivers are the source of power for life and water is the symbol of
dignity. Veda commands the knowledgeable to keep the environment free from all impurities and
that can be done by way ofYagnas or sacrificial fire. Yagnas have said to be the medium of relation
between human and the Devatas. These Devatas are the natural forces who have to be kept
propitiated. The Yagnas are done to worship the deity and to purify the air and keep the
environment healthy. The ‘vid’ has been commanded to devote his life for the purpose of yagnas
and thus balancing the interests of man and nature.

Environmental Protection in Puranas During the puranic period (320 BC on ward) a popular belief
emerged that each tree had its own deity. People offered water and circled trees with sacred
threads in order to protect them. 47 Narsingh purana personifies trees as God himself. Varaha
purana advocates regular plantation as a means of achieving heaven. Matsya purana regards
planting of single tree is equivalent to leaving a progeny of ten sons. Vishnu purana says that God is
pleased with a person who does not harm or destroy other non-speaking creatures or animals. In
Padma purana and Kama purana it is mentioned that the trees like peepal, bel, her, neem etc. are
the abode of God and they are not to be cut. Durga saptsati says that so long the earth has
mountains, forests, trees plants etc. human race will continue to survive. Charak samhita considers
destruction of vegetation as the cause for drought. The Padma purana mentions that those who
sacrifice cattle are doomed to perdition. In Manusmirthi the cruelty towards animal is totally
condemned. It also mentions optimum use of the natural resources to maintain the balance in the
eco system. 4.2.3 Environmental Protection in Bhagavat Gita Bhagavat Gita considers Nature as one
entity with two components PARA and APARA. Para is the consciousness part ofthe system and
Apara 48 the physical part of it. The entire universe of which the Earth forming a small of it is created
with the union of two elements. The physical part of it is animated by the consciousness part and as
such everything visible is considered to be manifestation of one Supreme whole. Gita considers the
Nature as the essence of human culture and the man devoid of Nature is considered, an entity
without soul.

ENVIRONMENT AND BUDDHISM Buddhism is the religion full of love, understanding and
compassion committed to the ideals of non violence. The basic tenets of Buddhism are simplicity and
ahimsa. The principle of simplicity based on sustainability teaches that man should not over exploit
the natural resources. The principle of ahimsa or non violence ofnot killing the animals shows the
love for fauna. The teachings ofBuddhism have concentrated on the theory of Karma and the theory
of cause and effect. They demonstrate that unmindful neglect of these principles ofright living may
lead to chaos and thusto environmental crisis. InBuddhismthe rivers, forests, mountains are highly
respected and regarded as bliss bestowers and buddhists had great respect for the Sun, Moon and
other planets. Buddha also set down rules forbidding the pollution of rivers, ponds and wells in
Sutta-Nipata. Know ye the grasses and the trees ... Then know ye the worms, and the different sorts
of ants ... Know ye also the four-footed animals small and great... the serpents ... the fish which
range in the water ... The birds that are borne along on wings and move through the air.3 The Dalai
Lama expressed this clearly in the following way "As a Buddhist I believe in the interdependence of
all things, the interrelationships among the whole spectrum of plant and animal life including
elements of nature which express themselves as mountains, valleys, rivers, sky and sunshine".

ENVIRONMENT AND JAINISM Jainism places great emphasis on the principle that one should reprise
from avoidable acts that are harmful to oneself or others.5 Ahimsa (non-violence) is the
fundamental tenet of Jain way of life, a term that is clearly allied with realism, common sense,
personal worth and responsibility. For the Jains environmental harmony through spirituality should
be pursued by all. This can be done by adhering to three precepts: the right belief, the right
knowledge and the right conduct. Everyone should be benevolent towards all living organisms,
compassionate for the weak, tolerant of the insolent and joyful at the virtuous. This is the Jain way
of bringing environmental harmony.

ENVIRONMENT AND SIKHISM Guru Nanak, the founder of Sikh religion assigned divine attributes to
nature. According to Sikhism people should respect God’s A creations and know the eternal truth
regarding their place in the universe. Human race is the integral part of the nature and linked to the
rest of creation by indissoluble bonds. The Guru Granth Sahib proclaims the glory of God in nature
and the environment. Sikhs believe that the universe was created by the Almighty God. A balance
between all the elements of nature is necessary for the continuation ofthe universe. Any disruption
in balance brings distress and disaster. The history ofthe gurus contain many stories of their love and
special relationship with the natural environment with animals, birds, vegetation, earth, rivers,
mountains and the sky. Thus Sikhism teaches, that the natural environment and the survival of all
life forms are closely linked in the rhythm of nature. The history of the gurus contains many stories
of their love and special relationship with the natural environment-with animals, birds, vegetation,
earth, rivers, mountains and the sky.

ENVIRONMENT AND ISLAM In Islam the Holy Qur’an and the divinely inspired words of Prophet
Mohammed form the foundation of and rules for the conservation of nature.7 The Qur’anic message
is one of unity, harmony, balance and order. It stresses that nature’s laws must be observed and that
defined limits should not be exceeded. Man was created so that he could become a manifestation of
divine attributes and serve as a mirror to reflect the image of God. The Holy Qur’an declares that
everything is created from water. Allah is considered to be the owner of land and mankind is the
trustee or guardian whereas other living creatures are considered to be the beneficiaries.8 Allah is
unity and His unity is reflected in the unity of mankind and nature. His trustees have been made
responsible for maintaining the unity of His creations, the integrity of the earth, including its flora,
fauna, wild life and the natural environment. Thus the environment is not in the service of the
present generation alone. Rather it is the gift of God to all ages-past, present and future. This
message is found in Surah 2:29. Anything that causes pollution or deterioration of the environment
is considered as ‘Fasad’ in Islam. The punishment for disrupting the delicate balance of nature is laid
down in the Qur’an and in the sayings ofthe Prophet. The basic essence of this punishment is
accountability before God after death. Iqtidar Zaidi quotes from the Holy Qur’an to substantiate this
point concerning man’s interaction with the environment: Unto Allh (belongth) whatsoever is in the
heavens and whatsoever is in the earth, and whether ye make known what is in your minds or hide
it, Allah will bring you to account for it. He will forgive whom He will and He will punish who He will.
Allah is able to do all things.9 51 Thus in Islam also the necessity of maintaining the harmony
between man and nature is very much stressed.

ENVIRONMENT AND CHRISTIANITY The Christianity also says that harmonic triadic relationship
exists between the divine and humanity, among human beings and nature and failure to maintain
the harmony may alienate humanity from its creator and also from Nature. As the Lord said "I am
the Alpha and the Omega the first and the last the beginning and the end"10 Consequently every
part of creation has His divine hand in it: no human being has absolute right to destroy it. It is from
this perspective that Rev. Father Lanfranco Serrihi (Minister General, Order Friars Minor Conventual,
Rome) said "All human effort in the world must therefore lead to mutual enrichment of man and
creatures".11 Pope John Paul VI in his message to United Nations Conference on Human
Environment held at Stockholm (1972) stated that the environment and resources are for every one:
they are inalienable property of everyone and there does not exist over this universal prosperity
discretionary sovereignty exempting from responsibility towards humanity of today and
tomorrow.12 This message of Pope John Paul VI makes it amply clear that there is a close link
between Christianity and Environment and the thrust is for Sustainable Development. Thus the true
spirit of Christianity to keep the environment in a perfect condition is very much stressed.

ENVIRONMENT AND INDIAN CULTURE The cultural heritage of India show a deep concern for the
protection and preservation ofthe environment. Indian tradition considered the earth as ‘Mother’.
Rivers are described Lokamata. India is a land ofrites and rituals. Indians have articulated the need to
sustain and promote the ecological balances of nature through sacred incarnations and systematized
52 rituals for the sustenance of life on the earth. Since all most all the major world religions are
represented in the Indian soil and their religions in turn realized the proximity of mankind and
nature, they regulated conduct of mankind in such a way conducive to nature. Indian culture shows
an ecological evolution to peace. Peace to all elements of nature and mankind and harmony
between them. Indians applied the culture lessons at two levels. First at the level of relationship
between society and nature and second between people within the society. The Indian society was
ecoculturally socialized. Renewability and sustainability were the second lesson. It is based on the
recognition that sustenance comes from the forest not from the man made cities: from the fields,
not from factories. Thus ‘environmentalism’ is a part and parcel of the Indian culture.

UNIT-II
Question:1 Development: Theories of development
Answer:
Question:2 sustainble development
Answer:
The well recognized principle of sustainable development for the protection and improvement of
environment has been unanimously accepted by the world countries as a strategy that caters to the
needs of the present without depriving the future generations of their right to available natural
resources. It has been rightly said that sustainable development is meant to secure a balance
between developmental activities for the benefits of the people and environmental protection and
therefore, “it is a guarantee to the present and bequeath to the future generations.” The principle of
sustainable development seeks to harmonise the conflict between development which may be
industrial, economic or social, and right to healthy environment. In other words, the balance
between environmental protection and developmental activities could only be maintained by strictly
adhering to the principle of sustainable development.

Environmental studies have shown that the environment related problems of developed countries
are mainly due to industrial and technological development whereas undeveloped countries have
environmental problems because of poverty, over-population and illiteracy. Undoubtedly,
encouragement and boost to developmental activities is in the socio-economic interest of a nation
but this should not be at the cost of environmental degradation, because this will not only affect the
present generation but have its adverse impact on the future generations. Therefore, sustainable
development is the need of time so that development and environmental protection, both proceed
maintaining a balance.

‘Development’ has been recognized as a human right under Rio- Declaration of 1992. But all the
nations (parties) participating in this summit unanimously agreed that economic or industrial
development should be carried out in a manner that it does not adversely affect the environment
because environmental pollution is a potential danger to human life and in that case, what is the use
of such development? It is for this reason that the principle of sustainable development was evolved
in this world summit for maintaining a balance between development and environment, and it was
realised that both should go hand in hand.

What is Sustainable Development

The principle of sustainable development has evolved on the basic assumption of co-existence of
two apparently conflicting notions i.e. development and environment. But from the practical point
of view, ecological, economic and social aspects of sustainability are inseparable. As William Rees
has rightly pointed out that maintenance of ecological integrity has to be accorded primacy over
achievement of socio-economic human needs, thus there should be a convergence between
ecological and economic factors in the developmental process.
The principle of sustainable development emphasises on two basic needs, firstly, need for socio-
economic development and secondly, need of limitation imposed on the environment's capability to
cope with the present and future requirements.

Explaining the inter-dependence of conservation and sustainable development, the Brundtland

Report (1997) said:

“Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their, own needs…. Sustainable development
requires meeting the basic needs of all and extending to all opportunity to satisfy their aspirations
for a better life.”

Basic objectives of Sustainable Development

The principle of sustainable development seeks to achieve the following three basic objectives:

(1) to maintain production of goods and services for development and efficiency;

(2) conversation and management of neutral resources including preservation of bio-diversity and
maintenance of biological integrity;

(3) maintenance and enhancement of the quality of life adopting the principle of equitable
distribution of wealth and material resources.

These objective may respectively be called as economic, environmental and social objectives of the
principle of sustainable development.

From the environmental point of view, the objective of the principle of sustainable development
centres round three issues, namely, (i) to maintain essential ecological processes, (ii) to preserve
genetic diversity; and (iii) to secure sustainable utilization of species and ecosystems.

Scope of Extent of Sustainable Development

The concept of sustainable development, as pointed out the chairperson Ms. Brundtland in her
report (popularly called the Brundtland report) is aimed at meeting the needs of the present without
compromising the ability a future generations to meet their own needs. Commenting on sustainable
development, the Former President of the World Bank James D. Yolkenson observed, “it is for us to
think as to what kind of world we want. Do we want to bequeath a world for our future generation a
poorest world wherein innumerable people die of hunger, climate uncertainty, biodiversity at its
lowest ebb and social conditions most unstable? This observation of Volkenson clearly shows that
the central focus of sustainable development is not confined to the present happiness of the people
but it also expends to safeguarding the interests of the coming generations.

Sustainable development involves a multi-faceted approach i.e. (1) economic, (2) human, (3)
environmental, and (4) technological. It is a process which seeks to bring improvement in the quality
of human life alongwith conservation of the ecological system. Thus, development and environment,
both are inter-dependent and therefore, there cannot be development without protection of
environment, nor can there be conservation of environment without development.
The former U.N. General-Secretary Kofi-Annan had identified five areas for the applicability of the
principle of sustainable development. They are (1) water, (2) health, (3) power and energy, (4)
Agriculture and (5) Bio-diversity.

Former Prime Minister of India Smt. Indira Gandhi had categorically stated in her address at the
Stockholm Conference, 1972 that water, air, land, soil, plants, trees and living organisms must be
preserved because they are valuable natural resources for the benefit of the future generations.

Salient Principles of Sustainable Development

The principle of sustainable development which received international recognition as a result of

Brundtland Commission Report (1987) was overwhelmingly supported by all the nations. Some of
the salient principles which underlie the concept of sustainable development were spelled out in the
Rio Declaration, 1992 and Agenda 21. Therefore, these principles have got to be necessarily followed
in order to achieve the objective of sustainable development. These principles are as follows:

(1) Inter-generational equity;

(2) Use and conservation of natural resources;

(3) Environmental protection;

(4) The precautionary principle;

(5) The ‘Polluter Pays’ principle;

(6) Principle of liability to help and co-operate;

(7) Poverty eradication; and

(8) Principle of ‘public trust’.

(1) Inter-Generational Equity.- The principle of inter-generational equity pre-supposes the right of
each generation of human beings to benefit from cultural and natural resources of the past
generation as well as the ‘obligation’ to preserve such heritage for future generations. The principle
emphasises on conservation of biodiversity resources and of the renewable sources like forests,
water, soil etc.

The principle of inter-generational equity has its genesis in Principles 1 and 2 of the Stockholm
Declaration, 1972 wherein environment has been taken to be resource basis for the survival of the
present generation and right to be beneficially used by the future generations. Both these principles
are reproduced as follows:

Principle 1.- Man has the fundamental right to freedom, equality and adequate conditions of life, in
an environment of quality that permits a life of dignity and well-being, and he bears a solemn
responsibility to protect and improve the environment for the present and future generations.

Principle 2.- The natural resources of the earth, including the air, water, lands, flora and fauna, and
especially representative samples of natural ecosystems, must be safeguarded for the benefit of the
present and future generations through careful planning and management, as appropriate.

In A.P. Pollution Control Board v. M.V. Nayudu, the Apex Court observed that where the State
Government makes an attempt to balance the need of the environment and need of the economic
development, it would not be proper to prohibit it from doing so. In such a case, it would be safer to
apply the ‘protective principle’ and the ‘principle of polluter pays’, keeping in mind the principle of
sustainable development and the ‘principle of inter-generational equity!

2. Use And Conservation of Natural Resources - This principle requires that earth's natural
resources should be carefully used in such a way that they may be conserved and enhanced for the
future generation. It must be borne in mind that natural resources are already depleting due to
poverty, over- population, urbanisation, industrialisation etc. and there is likely to be acute shortage
of these resources in future. Therefore, there is dire need to develop techniques and technologies
which may need minimal utilization of natural resources.

The principle of use and conservation of resources is founded on the theory that the present
generation should be modest in their exploitation of natural resources for the benefit of the future
generations. This will secure the conditions of survival for future generations. This principle has been
accepted by the international community in the form of Principles 8 and 23 of the Rio Earth Summit
Declaration, 1992.

Principle 8 provides that in order to achieve sustainable development and a high quality of life for all
people, States should reduce and eliminate unsustainable pattern of production and consumption.
Thus, use and conservation of natural resources should be an essential principle of sustainable
development.

Similarly, Principle 23 of the Rio-Declaration (1992) specifically states that the environment and
natural resources of people under oppression, domination and occupation, shall be protected by all
means. The Supreme Court applying the principle of careful use and conservation of natural
resources, observed in the case of A. Jagannath v. Union of India, that activities of the industries
violative of this principle and of, environmental legislations must be discouraged.

In Indian Handicrafts Emporium v. Union of India, the indigenous ivory or ivory articles were
prohibited from being exported as it impugned Wild Life (Protection) Act, 1972 and was also against
the moral claims embodied under Article 48-A of the Constitution and principle of conservation of
natural resources.

3. Environmental Protection

Environmental protection is an integral part of sustainable development. Most of the nations have
enacted environmental protection laws to ensure sustainable development within their territories.
In order to reinforce sustainable development, an effective environmental protection mechanism is
needed. It is generally seen that inadequate protection of environment or its degradation affects the
poorest sections of the society most as they draw a large part of their livelihood from unmarked
environmental resources such as forests, water from hand pumps, air polluted and noisy slum
dwellings etc. The problem of environmental protection generally emanates from water resources,
forests, agriculture, industry, energy and power etc., therefore, policy decisions in these sectors
should be environmental oriented and well planned so as to ensure that there is no degradation in
the natural environment.

So far India is concerned, the Environment (Protection) Act, 1986 is the central legislation. Besides,
there are some other pollution control and prevention laws and States have also framed their own
anti-pollution laws according to their local requirements. The ultimate object is to ensure
sustainable development for protection of environment from being degraded or polluted.

4. Precautionary Principle
The precautionary principle seeks to ensure that a substance or human activity which may cause a
threat to the environment is prevented from causing harm to environment, even if there is no
conclusive scientific proof of linking that particular substance or human activity to environmental
damage. Thus, precautionary principle pre-supposes that onus of proof is on the industrialist to
show that his action is benign, that is not harmful to environment.

The precautionary principle in the context of environmental protection is essentially about the
management of scientific risk. It is a component of the concept of ecologically sustainable
development and has been defined in Principle 15 of the Rio Declaration, 1992.” According to this
principle, “where there is threat of serious or irreversible environmental damage, lack of full
scientific certainty should not be used as a reason for postponing measures to prevent
environmental degradation." In other words, any human activity or behaviour which bears the
harmful effect to the environment, has got to prevented at all costs.

It may be stated that prior to the precautionary principle as incorporated in Principle 15 of the Rio-
Declaration, 1992, Principle 6 of the Stockholm Declaration, 1972 relating to the Assimilative
Capacity Principle was the governing rule which provided as under :-

“The discharge of toxic substances or of substances and the release of heat, in such quantities or
concentrations as to exceed the capacity of the environment to render them harmless, must be
halted in order to ensure that serious irreversible damage is not inflicted upon ecosystem. The just
struggle of the peoples of all countries against pollution should be supported.”

Thus, the assimilative capacity principle assumed that science could provide policy-makers the
information and means necessary to avoid encroaching upon the capacity of the environment to
assimilate impacts and it is presumed that relevant technical expertise would be available when
environmental harm was predicted and there would be sufficient time to act in order to avoid such
harm.

The precautionary principle has received legal recognition in almost all the international instruments
and has now become an integral part of the United Nations Environmental Programme. The
European Community has adopted the principle in the Bergen Declaration on Sustainable
Development, 1990 and reiterated that environment related actions should predict, prevent and
‘suppress environmentally harmful factors’.

Beginning with Vellore Citizens’ Welfare Forum v. Union of India, the Supreme Court explicitly
recognised the precautionary principle as a principle of Indian environmental law in a number of
subsequent cases. Justice Kuldeep Singh of the Supreme Court in Vellore Citizens case laid down the
following rules with regard to precautionary principle :-

(1) The State Governments and local authorities are supposed to anticipate and then prevent the
cause of environmental degradation. They are supposed to check the activity which is damaging for
environment;

(2) Merely because there is a lack of scientific knowledge as to whether a particular activity is
causing degradation, it should not stand in the way of the Government;

(3) The onus of proof is on the actor (i.e. person who does the activity) or the developer/industrialist
to show that the action was environmentally friendly.

In order to achieve the above, the following precautions are supposed to be taken:

(i) The decision should be based on best possible scientific information and analysis of risk;
(ii) Where there is uncertainty but potentially serious list exists, even then precautionary measures
are supposed to be taken;

(iii) Ecological impacts should be given paramount consideration, more so when resources are non-
renewable or where the result is irreversible;

(iv) The indication of the cost should be made known directly to the person who if does not take
precaution, can be called upon to meet the expense – a subject which may fall under the head
“polluter pays Ii principle.”

In Narmada Bachao Andolan v. Union of India, the Apex Court explained that “when there is a state
of uncertainty due to lack of data or material about the extent of damage or pollution likely to be
caused, then in order to maintain ecological balance, the burden of proof that the said balance will
be maintained, must necessarily be on the industry or the unit which is likely to cause pollution.”

5. “Polluter Pays” Principle

All the member countries participating in the Organisation For Economic Co-operation and
Development (O.E.C.D.) agreed to incorporate in their environmental policies the principle of
'polluter pays' so as to discourage subsidies that could be detrimental for trade. They deemed this
necessary for the protection of environment and save the country from threats posed by
environmental pollution in modernised industrial societies. “Polluter Pays” principle was considered
to be one of the best method for prevention of environmental pollution. But there were practical
difficulties in working out an exact definition of the principle as there could be dispute as to the
limits on payment for damages caused and exact scope of the applicability of principle.

Despite these difficulties, the European Community in its Action Programme on Environment had
accepted the ‘polluter pays’ principle as a part of its strategy on environmental matters. The
principle Was incorporated in Article 130 R (2) of the action programme which reads as follows :-

(i) Preventive action is always preferable to remedial action;

(ii) Environmental damage should be rectified at source;

(iii) The polluter should pay the costs of the measures taken to protect and preserve the
environment;

(iv) environmental policies should be a component of the European Community’s other policies.

Finally, the “polluter pays” principle was recognised as an integral part of the sustainable
development by the international community arid was incorporated as Principle 16 of the Rio
Declaration of Earth Summit, 1992. The principle reads as follows :-

“Principle 16 National authorities should endeavour to promote the internationalisation of

environmental costs and the use of economic instruments taking into account the approach that the
polluter should in principle bear the cost of pollution with due regard to the public interest and
without distorting international trade and investment.”

As a matter of fact, this principle was already accepted and included as Principle 4 of the Stockholm
Declaration in 1972 but it was legally and internationally recognised as a substantive principle of
environmental law under Principle 16 of the Rio Declaration, 1992.
The Supreme Court in M.C. Mehta v, Kamal Nath, observed that ‘polluter pays principle has been
recognised as fundamental objective of Government's environmental policy to prevent and control
pollution. The Court in this case observed that the calculation of environmental damages should not
be on the basis of claim put forward by the party, but it should be on the basis of examination of the
situation by the Court, keeping in view the factors such as deterrent nature of the award.

In Vellore Citizens’ Welfare Forum v. Union of India, the Supreme Court directed the Central
Government to constitute an authority under Section 3 (3) of the Environment (Protection) Act, 1986
and confer on this authority all the powers necessary to deal with the situation created by tanneries
and other polluting industries in the State of Tamil Nadu. The authority so constituted shall
implement the ‘precautionary principle’ and the ‘Polluter Pays Principle.’

6. Principle of Liability to help and Co-operate

This principle has been specifically incorporated in Rio-Declaration (1992) as Principle 9 which
provides that the States should co-operate to strengthen indigenous capacity building for
sustainable development by improving scientific understanding through exchanges of scientific and
technological knowledge and by enhancing the development, adaptation, diffusion and transfer of
technologies including new and innovative technologies.

Principle 10 of the Rio-Declaration further provides that environmental issues are best handled with
the participation of all concerned citizens at the relevant level. Emphasising the need for mutual
cooperation in environmental matters, Principle 12 requires the States to cooperate to promote a
supportive and open international economic system that would lead to economic growth and
sustainable development in all countries, in order to address the problem of environmental
degradation in a better way.

Finally, Principle 27 of the Rio Declaration expects people and the States to co-operate in good faith
and in a spirit of partnership in the future development of international law in the field of
sustainable development.

7. Poverty Eradication

Poverty is perhaps the worst contributing factor for polluting the environment and causing its
degradation. Smt. Indira Gandhi, the Late former Prime Minister of India, addressing the Stockholm
Conference on Human Environment in 1972 said, “of all pollutants we face, the worst is poverty”.
The Brundtland Report (1987) also attributed poverty as a potential cause of environmental
degradation as it reduces people’s capacity to use resources in a sustainable manner, which
eventually brings more pressure on environment and results into its deterioration. Most of the
developing countries’ are facing the problem of poverty which is adversely affecting the
environmental quality.

The Earth Summit, 1992 also projected that elimination of poverty was utmost necessary for
achieving the goal of sustainable development, particularly m the developing countries.

India being a developing country, its more than 30 per cent people are living below the poverty line.
The pitiable condition 'of slum-dwellers, scaricity of food, fuel, kerosene oil etc. are serious threats
for environment. Due to lack of residential, houses crores of poor men, women and children are
compelled to live in slums and even on road-side temporary hutment in most unsanitary conditions
without sufficient food and water. Thus, they have to live in unwholesome environmental
conditions. Therefore, India needs cooperation and assistance from the developed countries to help
and support the poverty alleviation programme and maintenance of wholesome environmental
conditions.

Protection of Forests

It must be stated that awareness about the protection of forests is also closely connected with the
principle of public trust applicable for the preservation of natural resources. The State being a
trustee of forest-resource, it is the moral and legal obligation of the Government to protect forests
from being destroyed by indiscriminate felling of trees. If forests are well preserved, it will reduce
soil erosion and increase fertility of land and also cause sufficient rainfall which is necessary for
cultivation and domestic purposes in the form of water. But despite these benefits from forests, the
record shows that almost one-third of the part of the forest in tropical region had been destroyed
due to deforestation until the year 1970. Unfortunately, destruction of forest still continues and
nearly 1,70,000 sq. k.m. forest land has been converted into plain for construction of industries,
complexes and other commercial purposes. Besides, seven lakh hectare land has turned into desert
and gallons of polluted water is being flowed in rivers, lakes and seas causing irreparable damage to
environment and ecosystem.

In view of this destruction of forests, the Government is failing in its duties as trustee of this valuable
natural resource and causing damage to its beneficiaries i.e., the peop1e could not exploit it for their
own use, what to talk of leaving it for use by future generations'! Even now, it is not too late and
there is need on the part of the State to protect and preserve the valuable natural resources as a
trustee and people to cooperate with the administration to protect environment from being
degraded.

Conclusion

It is true that in order to improve and protect the environment from pollution sustainability must be
there between environment and development. The concept of sustainable development based on
the notion that natural resources should be exploited for the benefit of both present and future
generation. As we know that increased industrial activity worldwide requires the use of natural
resources which are depleting day by day. It is also true that the need for resource conservation,
efficient use of resources and environment friendly corporate policies and behaviour has now been
recognised worldwide. The country needs an Environmental policy and planning, while being
globally sensitive must be based on local needs. Finally, if sustainable development has to move
from mere wishful thinking and slogan-mongering into a reality, the world (developed and
developing) as a whole has to move towards a new world order in which new economic and
technological orders are dovetailed. Such an order has to be aimed at benefiting the poor because in
the chain of sustainable development, the weakest links are poverty and inequality. Last but not
least, if the principles of sustainable development are followed then definitely with the economic
growth and industrial development of a country environment protection can be maintained.

Question: 4

UNIT-III

QUE:1 ENVIRONMENTAL LAW IN INDIA AND THE STOCKHOLM DECLARATION.

Ans: INTRODUCTION:
Before 1972 conference, the main laws regarding environment protection were criminal
law, easement laws, tort law, laws regarding canal and water, forest law and some special
laws regarding hazardous substance. Certain Constitutional provisions can also be
interpreted as the environment protection laws. Initially, Indian Constitution does not talk
directly about the Environment Protection, but it gives fundamental rights to life or Article
21 to its citizen, which could be treated as the right to enjoy wholesome environment. But
the main drawback of such laws is that, those are not made especially for the protection of
environment and approach of such laws is human centric and not the environment. Those
laws also lack special enforcement and monitoring agency.
The conference of Stockholm was attended by the then Prime Minister of India, Mrs. Indira
Gandhi and she got inspired a lot by the discussions held, issues raised and development
took place during that conference. The results could be reflected in the quick developments
that took place immediately after the Stockholm Conference. After the Stockholm
Conference, 1972, Government of India brought the 42nd amendment in the Constitution
and incorporated Article 48A and Article 51A (g) which was the most significant step
towards an improvement in the sector of Environmental protection in India.
42nd AMENDMENT OF THE INDIAN CONSTITUTION
The 42nd Amendment to the Constitution, which was enacted during the Stockholm
Conference of 1972, made significant revisions to the Indian Constitution, earning it the
moniker “little constitution.” This Amendment made modifications to a variety of issues, but
when it came to environmental legislation, it established duty on the part of both the state
and individuals to conserve and enhance the environment. This was done by the
incorporation of Article 48A and 51 (g).
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The Indian Constitution put an obligation on the state to “protect and develop the
environment, as well as safeguard the country’s forests and wildlife” by including Article
48-A as part of the Directive Principle of State Policy.
It placed a total of ten basic obligations on citizens by adopting Article 51-A. These
responsibilities were imposed on citizens because they are endowed with various
fundamental rights as citizens of this country, and because rights and responsibilities are
inextricably linked, fundamental responsibilities were imposed on citizens to serve as a
constant reminder to them that the Constitution bestowed upon them certain fundamental
rights which also requires certain duties on their part to be fulfilled as being ideal citizens.
As a result, citizens have a basic responsibility to “protect and develop the natural
environment, including forests, lakes, rivers, and animals, and to show compassion for
living creatures,” according to Article 51-A (g).
LEGISLATIONS ENACTED IN INDIA AFTER THE STOCKHOLM CONFERENCE
Stockholm Conference, 1972 also has the impact on the environment related laws and acts.
Following 1972, the importance of environmental protection was recognised and various
acts and policies were enacted to better the environment which are as follows:
 WILDLIFE PROTECTION ACT OF 1972
The act provides the safety and promises to protect the country’s wild animals, birds, flora
and faunas, and plant species with the aim of ensuring environmental and ecological
balance and security. The act also lays down the punishments on hunting various animal
species.
 WATER ACT OF 1976
This Act was the outcome of a request from the state government to the federal
government to draft water legislation. The Water Act of 1976 makes provisions for the
protection of water against contamination. It also includes a legislative definition of water
contamination. The formation of a central board and a state board for the prevention and
management of water contamination was another important development in the 1976
Water Act.
 AIR ACT OF 1981
Following the Water Act, the Air Act of 1981 was enacted. The primary goal of this Act is to
prevent, control, and reduce air pollution. It also gives the board formed under the Water
Act of 1976 the authority to carry out the Air Act’s objectives.
 ENVIRONMENT PROTECTION ACT OF 1986
Government passed the umbrella legislation for environment, the Environment Protection
Act 1986 which intended to protect the entire environment, rather merely the water or the
air. According to it ‘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’. It also defines environmental pollution as
the presence of any environmental pollutant in the environment. Another significance of
this Act is that it.
 ENVIRONMENT POLICY OF 2006
Environmental Policy 2006 is an important development in Indian environmental law, with
the primary goal of expanding the scope of environmental law and filling gaps in
environmental laws and policies. This policy recognises the changing nature of society and
its problems with pollution and the environment, and it attempts to bridge the gap between
old laws and policies and new realities.

Question: 2 declaration and enforcement of rio.

Answer:
Introduction
Environmental Law could be defined as the legal mechanism including the principles,
directives, policies and regulations, brought into existence by various local, national or
international entities for the purpose of preserving and safeguarding the environment so
that it could be made suitable for the present as well as the future generation.[1]
As per the Black’s Law Dictionary, environmental law could be defined as, “collective body
of rules and regulations, orders and statutes, constraints and allowances that are all
concerned with the maintenance and protection of the natural environment of a country”.
[2]
As per the definition of the Free Legal Dictionary, “environmental Law is, “an amalgam of
state and federal statutes, regulations, and common-law principles covering Air Pollution,
Water Pollution, hazardous waste, the wilderness, and endangered wildlife”.[3]
What is environment?
The term “environ” is derived from the French term ‘environner’ which means “to
surround”. Environment refers to all the surroundings in which a human lives. These
surroundings include all the natural and manmade environment. Natural environment
means air, water, lakes, trees, mountains, etc. While, manmade environment refers to the
surroundings created by man such as buildings, roads, parks, bridges, monuments, gardens,
etc.
According to Section 2(a) of Environment Protection Act, 1986, “environment includes
Water, Air & Land and the inter-relationship which exists among and between Water, Air
and Land & Human Beings, other Living Creatures, Plants, Micro Organisms & Property”.[4]
Environmental Pollution
The word ‘pollution’ is derived from Latin word “Polluere”, which means to contaminate
any feature of the environment. Pollution of the environment is there when there is a
mixture of any substance in the environment which degrades its quality and makes it not fit
for humans to live. Various types of environmental pollution could be air pollution, water
pollution, noise pollution, etc.

According to Section 2(c) of the Environment (Protection) Act, 1986,“environmental

pollution means the presence in the environment of any environmental pollutant”.[5]

Need for protection of the environment

Environment and life are interrelated. Quality of environment defines the life a human is
living. This is the reason why the Supreme Court of India in numerous cases held that the
right to live in a pollution free environment, including right to fresh water and quality air is a
fundamental right and is a part of right to life enshrined under Article 21 of the Constitution
of India.
Development of Environmental Law
When we talk about the development of modern international environmental law, we need
to trace the international legal developments in the second half of the nineteenth century.
Stages of development of International Environmental Law post nineteenth century[6]
Traditional Era (1900-1945)
This period is considered to be the pre-stockholm era, it started with the bilateral fisheries
treaties in the nineteenth century and ended up with creating new international
organizations in 1945. This was the period where people started realizing that a balance is
required to be maintained between development activities and the resulting impact of such
activities on the environment so that the environment could be preserved and safeguarded.
Modern Era- From creation of the UN to the Stockholm Declaration (1945-1972)
This period commenced with the creation of the UN and the United Nations Conference on
the Human Environment, held in June 1972 in Stockholm. Various international
organizations were created during this period. Development at both national and
international level took place resulting in much awareness and bold steps being taken
worldwide with highlighting various sources of pollution like oil pollution, wetlands, nuclear
testing, pollution of marine environment, etc.
Treaty developments, developments in dispute settlement, developments in national law,
international environmental law as a discipline were the major changes observed during this
period.[7]
Post-Modern Era- from Stockholm to Rio (1972-1992)
The period after Stockholm saw the changes at National levels as green political parties
were introduced, creation of environmental ministries took place, environmental
development at local levels started taking place. Brundtland Commission was formed by the
UN in the year 1983 which targeted the relationship between development and
environment. Concept of sustainable development was coined during this period. Montreal
Protocol was signed in 1987 to combat depletion of the ozone layer. International
cooperation was secured by it and beliefs of recovery of the ozone layer by 2050 started
surfacing.
United Nations Conference on Environment and Development (1992)
The conference is also known as the Earth summit held in Rio de Janeiro, Brazil from 2rd
June to 14th June 1992. It was held on the occasion of the 20th anniversary of the
Stockholm conference. It aimed at producing a broad agenda and a roadmap for
international action on the development of the environment and issues that could guide
international cooperation. It concluded that sustainable development is a goal to be
achieved all over the world and also asked for integrating and balancing social, economic
and environmental concerns. Major outcome of this conference was Agenda 21, which
called for new strategies to be adopted to achieve the goal of sustainable development in
the 21st century.[8]
Fourth period (period of Litigation)
This period was set forth by the United Nations Conference on Environment and
Development and is considered as a period of litigation where compliance with international
environmental obligations was focused.
Stockholm Declaration of 1972
It was the output of the first global environmental conference namely, the United Nations
Conference on the Human Environment, held between 5th to 16th June, 1972. It is
considered to be the first major highlight on the impact of humans around the globe on the
environment. It attempted to address the challenge of preserving and enhancing the human
environment. Broad policy goals and objectives were espoused by it. It resulted in spreading
awareness of environmental issues all around the world in a dramatic manner and also had
a great impact on improving the international environment law making.[9]

The Declaration of Stockholm contains a preamble which gives an introduction to the 26

principles contained in the Declaration. These 26 principles give a very clear message and
cover all the areas which are required to be focused and worked upon to ensure that the
environment could be protected and restored in such a manner, which is suited to a human
to live and not only covers matters for environmental protection. It also aims at covering the
matters like availability of essential commodities and equal distribution, etc. which are
though not directly related to the environment, but are subjects to ensure that humans get
to live a human life and do not face any sort of inhuman treatment.

Development of Environmental Law in India

The development of Environmental Law is also even divided into two periods:[10]
Pre 1972 Development
During this period, tort laws, criminal law, laws regarding water, forest laws, special laws,
etc. were there to deal with the subject of protection of the environment. We can say that
there was not much development in the Indian Environmental Law during this period.
Post 1972 Development
It was the post Stockholm period and witnessed the development in the area of
International Environmental Law at a very great level. Stockholm Conference resulted in
highlighting the environmental protection concerns for the whole world, so is for the
country of India.
Development of Environmental Law in India post Stockholm Declaration
The UN Conference on Human Environment and Development held at Stockholm was the
one which gave birth to the Stockholm Declaration on the Human Environment of 1972. This
Stockholm Declaration is considered to be the magna carta of Environmental law and it got
the significance parallel to that of the Universal Declaration on Human Rights of 1948.[11]
The conference of Stockholm was attended by the then Prime Minister of India, Mrs. Indira
Gandhi and she got inspired a lot by the discussions held, issues raised and development
took place during that conference. The results could be reflected in the quick developments
that took place immediately after the Stockholm Conference.[12]

42nd Amendment to the Constitution of India[13]

The 42nd Amendment to the Constitution, which was introduced after the Stockholm
Conference of 1972, brought major changes to the Constitution of India and for that, it is
considered to be the mini constitution. This Amendment brought changes on the various
subjects but when we talk about the changes with respect to the Environmental law, it
introduced responsibility on part of both, state and citizens to protect and improve the
environment.
By introducing Article 48-A[14] in the Constitution of India as part of the Directive Principle
of State Policy, it imposed a duty on the state, “to protect and improve the environment and
to safeguard the forests and wildlife of the country”.
By introducing Article 51-A[15], it imposed a total of 10 fundamental duties on the citizens.
These duties were imposed on the citizens because they are vested with the various
fundamental rights as part of the citizens of this country and as rights and duties, both are
correlative, fundamental duties were imposed on the citizens to serve as a constant
reminder to them that the Constitution conferred them certain fundamental rights, it also
requires certain duties on their part to be fulfilled as being ideal citizens.
As a result, Article 51-A (g)[16] conferred the fundamental duty on the citizens, “to protect
and improve the natural environment including forests, lakes, rivers, and wildlife, and to
have compassion for living creatures”.
Article 47 of the Constitution of India[17] also assigns a duty on the State to raise the level
of nutrition and standard of living of its people and improve the health of the public. States
should also make efforts to prohibit all intoxicating substances except for the purpose of
consumption.[18] The provisions of this Article basically enjoins the responsibility on part of
the state to take all those measures necessary to secure the health of the people.
Article 21 of the Constitution of India provides Fundamental Right to live in a pollution free
environment and access to fresh water and quality air.
Although the right to life and personal liberty was there from the very beginning but various
facets of right to life got developed with the passage of time and the observations made by
the Courts time to time.
It was after the period of 1980s only that the Supreme Court of India gave decisions in
various cases pertaining to the protection of an individual’s right to live in a pollution free
environment and for that various observations were made, rulings were given and
restrictions were imposed only to ensure that an individual could have a pollution free
environment to live, which he deserves being a human.

Case laws
Rural Litigation and Entitlement Kendra v. State of U.P., 1985 AIR 652[19]
The Supreme Court in this case ordered the closure of some limestone quarries because a
lot of serious deficiencies were found in them regarding safety and hazards. The pollution
caused by the quarries was affecting the health of the people nearby at a large level which
necessitated it on part of the Supreme Court to give such ruling.
Indian Council for Enviro-Legal Action v. Union of India, 1996 AIR 1446[20]
In this case, an environmentalist organization filed a writ petition on behalf of the people
living in the vicinity where chemical industrial plants were established and requested for
appropriate actions to be taken keeping in mind the deterioration in people’s health. The
argument was made that the Supreme Court cannot act on it as the concerned industry is a
private entity and not a state under Article 12 of the Constitution of India and accordingly,
no remedy could be enforced against a private individual.
The Supreme Court held that the court is required to intervene if the government or
authorities have not taken appropriate actions to ensure pollution free environment for the
citizens to live and the Supreme Court can act in such matter where the fundamental rights
of people are getting violated irrespective of the fact whether the violation is done by the
State or private entity.
Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647[21]
The petition was filed by the Vellore Citizens Welfare Forum by way of PIL to draw the
attention of the Supreme Court towards the pollution caused by the large amount of
discharge of untreated effluent by the tanneries and other industries in the State of Tamil
Nadu which is severely causing the pollution in the area.
The Supreme Court held that it is required on part of such industries to primarily install the
requisite measures to control and curb the pollution. These industries, even after their being
of major importance could not be allowed to function on the cost of causing pollution,
degrading the environment, destroying the ecology and posing the health hazard for the
people living in the vicinity.

Developments made by M.C. Mehta through various Environmental Protection Litigations

M.C. Mehta played a very major role in the history of Indian Environmental Law. He was an
Environmental attorney and filed various PILs in the Supreme Court of India to expose a
number of cases where violation of environmental protection norms and loss and
degradation to environment was taking place.
M.C. Mehta v. Union of India, (1986) 2 SCC 176[22]
In this case, there was a leakage in the plant of Chlorine gas which caused the death of a
person and also caused serious problems to the people living in the vicinity, eventually the
plant got closed.
The Supreme Court directed the company engaged in the manufacturing of hazardous and
lethal chemicals to take necessary steps in order to ensure safety to the life of the people
and workmen living in the neighbourhood and then only open the plant to function again.
M.C. Mehta v. Union of India, (1987) 4 SCC 463[23]
In this case, the Supreme Court ordered the tanneries in Jajmau near Kanpur to shut down
the operation as they were causing pollution to the river Ganga. The provisions contained
under the Water pollution Act and Environmental Protection Act were also not followed by
the Industry.
M.C. Mehta v. Union of India, (1988) 1 SCC 471[24]
The petitioner, though not interested in the subject matter where the river Ganga was
getting polluted, approached the Supreme Court to get the appropriate directions issued for
that subject matter.

The Supreme Court held that the person, though not getting affected by the pollution, could
still approach the Supreme Court for the issuance of the directions and he got the locus
standi for that matter as he was interested in securing the life of the people who are
actually getting affected by the pollution to the river.

M.C. Mehta v. Union of India, (1996) 4 SCC 750[25]

The Supreme Court in this case ordered a total of 168 hazardous industries operating in
Delhi to shift their operation as they were causing severe damage to the ecology and
directed that they be relocated lands to the National Capital Region as provided in the
Master Plan for Delhi.
Apart from this, M.C. Mehta was involved in various other landmark issues where his
contribution helped in highlighting various environmental issues and appropriate actions
were taken in those subject matters.
Major enactments for the protection of Environment in India
WILDLIFE (PROTECTION) ACT, 1972[26]
It came into force on 9th September, 1972 and it is an act containing the provisions for the
protection of wild animals, birds and plants.
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974[27]
It came into force on 23rd March, 1974. The provisions of the Act differ from State to State
as it is a law on State subject. The Act contains the provisions for the prevention and control
of water pollution and the maintaining or restoring of wholesomeness of water. It also
provides for the establishment of Boards for the prevention and control of water pollution
and their powers and duties.
FOREST (CONSERVATION) ACT, 1980[28]
It came into force on 25th October, 1980. This Act contains provisions for the conservation
of the forests.
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981[29]
It came into force on 29th March, 1981. The Act contains provisions for the prevention,
control and abatement of air pollution. It also provides for the establishment of Boards and
also defines their powers and functions.
ENVIRONMENT (PROTECTION) ACT, 1986[30]
It came into force on 23rd May, 1986. This Act contains the provisions for the protection
and improvement of the environment.
PUBLIC LIABILITY INSURANCE ACT, 1991[31]
It contains provisions of public liability insurance for the purpose of providing immediate
relief to the persons affected by accident occurring while handling any hazardous substance.
BIOLOGICAL DIVERSITY ACT, 2002[32]
This Act came into force on 5th February, 2002 and it contains provisions for the
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.
NATIONAL GREEN TRIBUNAL ACT, 2010[33]
It came into force on 2nd June, 2010. This Act contains provisions for the establishment of a
National Green Tribunal 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 the environment and giving relief and
compensation for damages to persons and property.
Conclusion
This is how development of International, as well as Indian Environmental Law, took place
with the passage of time and a major role was played by the conference of Stockholm only
for both International as well as Indian Environmental Law. The Stockholm conference,
which gave birth to the Stockholm declaration proved to be an igniting point for generating
awareness all over the world for environmental concerns. This is the reason that history of
Indian Environmental Law is also divided into two parts, i.e., pre-Stockholm period and post-
Stockholm period as the major developments could be observed in the post-Stockholm
period only. Recognition of right to pollution free environment as part of fundamental right
under Article 21 of the constitution, various rulings and observations of the Supreme Court
in various matters pertaining to the environmental pollution and degradation and
introduction of various enactments for the protection of various subjects of environment
are abundantly doing the needful.

UNIT-IV
Question:1 Fundamental Right to Environment
Answer:
CONSTITUTIONAL PROVISIONS AND ENVIRONMENT PROTECTION IN INDIA

The main cause of environmental degradation is the human activity in one way or the other. Law is a
regulator of human conduct. Hence, the law plays an important role in the protection of
environment from pollution by regulating the human activities. In any environment conscious State,
environmental problems are generally handled at the legislature level. In India from time to time
various laws for the protection of environment, flora and fauna have been enacted.' But the Indian
Constitution is perhaps the first constitution in the world which contains specific provisions for the
protection and improvement of the environment. It reflects the human rights approach to
environment protection through various constitutional mandates.

In India, the concern for environment protection has not only been raised to the status of
fundamental law of the land, but it is also wedded with human rights approach and it is now well
established that it is the basic human right of every individual to live in pollution free environment
with full human dignity. In view of the various constitutional provisions and other Statutory
provisions contained in various laws relating to environment protection, the Supreme Court has held
that the essential feature of

"sustainable development" such as the "Precautionary Principle" and the

"Polluter Pays Principle" are part of the environmental law of the country?

The Constitution of India obligates the "State" as well as "Citizens" to

"protect and improve" the environment.3 The example of the Indian Constitutional provisions
regarding the environmental protection has been followed by other nations in the world. For
example, the framers of the Constitution of South Africa were greatly influenced by the provisions
relating to environment protection under the Indian Constitution and they have also incorporated
the similar provisions in their constitution.

In this chapter an attempt has been made to analyse the various constitutional mandates which are
aimed at helping and protecting the environment.
PREAMBLE

At the very_ outset, the preamble of the Constitution of India provides that our country is based on

"socialistic" pattern of society where the State

pays more attention to the social problems than on any individual problems.

Phe basic aim of socialism is to provide "decent standard of life to all', which can be possible only in
a pollution free environment. Pollution is one of the social problems and the "State" is required
under the Supreme Law to pay more attention to this social problem and march towards the avowed
aim of just social order. This objective of the preamble is reflected clearly and in specific terms in
Part IV of the Constitution, dealing with directive principles of state policy and has been discussed
later in this chapter.

The Preamble also declares India to be a "Democratic Republic" in a democratic ' set up, people have
the right to participate in government decisions. Also people have the right to know and access to
information of government policies which is very important for the success of environmental
policies. The other objectives of preamble, ie., justice, liberty and equality find place in Part III
dealing with fundamental rights.

FEDERAL SYSTEM OF GOVERNMENT

As mentioned earlier, generally speaking, the problem of environment is tackled through various
statutes. Therefore, from an environmental point of view, the allocation of legislative authority is
very important. India has adopted a federal system in which the governmental power is shared
between the Union or Central Government and the State Governments. Part XI of the Constitution
(Articles 245 to 263) regulates the legislative and administrative relations between the Union and
the States. Article 245 empowers the Parliament to make laws for the whole country whereas the
State Legislatures have the power to legislate for their respective States. Article 246 further divides
the subject areas of legislation between the Union and the States. This division is based on three
lists, i.e., Union List, State List and Concurrent List, which are given in the VII Schedule to the
Constitution. The Union List (List I) contains 97 subjects over which the Parliament alone has the
power of legislation. Parliament also has the "residual power" of legislation on any matter which is
not covered by any of the three lists. The subjects mentioned in the Union List, inter alia, include
Atomic energy and mineral resources, defence, UNO, participation and implementing the decisions
in international conferences, treaties and agreements with foreign.

countries, inter-State transportation, shipping, major ports, regulation of air traffic, industries, the
control of which by the Union is in the public interest, regulation and development of oilfields and
mineral oil resources, regulation and development of inter-State rivers and fishing? Thus, the
subjects which have inter-territorial environmental impact, are under the legislative jurisdiction of
the Parliament so that they are better regulated by uniform national laws.

The State List (List II) contains 66 subject-matters over which the State Legislatures of different
States have the exclusive power of legislation subject to their territorial limitation. The subjects
mentioned in the State List, inter alia, include public health & sanitation, hospitals and dispensaries,
agriçulture, ponds, water supply, irrigation and drainage.& Thus, the subject-matters, the
environmental impact of which is local, are left to be tackled at the local level.

The Concurrent List (List III) contains 52 subject areas over which both
Parliament and State Legislature, of different States have the jurisdiction to make laws. The subjects
mentioned in the Concurrent List, inter alia, include environmental impact of which has local as well
as national bearing, are left to be tackled by the Centre as well as States.

Article 254 removes the inconsistency which may arise between the laws made by the Parliament
and the laws made by the legislatures of the different States. It provides that when a Central law
conflicts with the State law on a subject-matter mentioned in the Concurrent List, the Central law
shall prevail.

However, a State law passed subsequent to the Central law will prevail if it has received the assent
of the President under Article 254.

Thus, from the above scheme of distribution of legislative power between the Centre and the States
under the federal system of government, it is evident that there are ample provisions to make laws
dealing with environmental problems at the local level as well as at the national level.

However, under the federal system, which exists in India, the Central Government controls the
finances largely. It may happen that when an industrial project is allocated to a particular State, it
may have some environmental impact in that State and thus it may be opposed by the environment
and planning department of the State concerned. On the other hand, the Central Government may
threaten to withdraw the project from the State if its implementation is opposed and resulting into a
conflict between development and environment. This so-called conflict is taken care of by
Environmental Impact Assessment (EIA) which is an effort to anticipate, measure and weigh the
socio-economic and ecosystem changes that may result from the proposed project. In India the need
for EIA has been recognized even by the Planning Commission in its Seventh Five year Plan.
However, existing system of administrative framework with its centralized environmental appraisal
may lead to conflict between the project authorities and environment

authorities. 10 Therefore, it is suggested that project authorities should be

compelled to consider all environmental factors from the very inception of the project and any
conflict between development versus environment, should be avoided by taking into consideration
environmental costs and benefits.

OBLIGATION TO IMPLEMENT INTERNATIONAL AGREEMENTS

The objectives of international environmental agreements would be effectively achieved if all

relevant States become parties to them, and rigorous" implementation including monitoring of
compliance was ensured. India is a contracting party or signatory to numerous international treaties
and agreements relating to regional or global environmental issues.

India has been playing a leading role from the 1972 UN Conference on the Human Environment at
Stockholm to the 1992 UN Conference on Environment and Development at Rio de Janeiro and in
Earth Summit Plus Five of 1997 at New York. Thus, India is under an obligation to translate the
contents and decisions of international conferences, treaties and agreements into the stream of
national law. Article 51(c) provides that "the State shall endeavour to foster respect for international
law and treaty obligations in the dealings of organized people with one another.

Article 253 of the Constitution specifically empowers the Parliament "to make any law for the whole
or any part of the territory of India for implementing any treaty, agreement or convention with any
other country or countries or any decision made at any international conference, association or
other body". Entries No. 13 and 14 of the Union List (List 1), which includes the subject-matters over
which the Parliament can make laws, provides

"participation in international conferences, associations and other bodies and implementing of

decisions made thereat" 12 and "entering into treaties and agreements with foreign countries and
implementing of treaties, agreements and conventions with foreign countries"

Thus, in view of the broad language used in Article 253 as also in Entries 13 and 14 of the Union List,
the Parliament has a very wide power of legislation including the subjects mentioned in the State List
provided those issues are addressed at any international conferences, association or other body or it
is the implementation of any international treaty, agreement or convention.

Now let us consider as to what is the impact of these broad provisions on the environment
protection. The first consequence is that in view of Article 253 read with Entries No. 13 and 14 of the
Union List, the Parliament can pass any law including the law on environment protection and the
same cannot be questioned before the Courts on the ground that the Parliament lacked legislative
competence.!* In other words, these provisions served as potent weapon in the armoury of the
Courts to uphold any Parliamentary legislation if it is in pursuance of Article 253 read with Entries 13
and 14 of the Union List.

Secondly, in India, the Parliament has made use of this power to enact

The Air (Prevention and Control of Pollution) Act of 1981 and the Environment (Protection) Act of
1986. The preambles to both these laws state that these Acts were enacted to implement the
decisions reached at the United Nations Conference on Human Environment held at Stockholm in
1972; For

example, the preamble to the Environment (Protection) Act of 1986 provides :

Whereas decisions were taken at the United Nations Conference on the Human Environment held at
Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection
and improvement of human environment;

And whereas it is considered necessary further to implement the decisions aforesaid in so far as they
related to the protection and improvement of environment and the prevention of hazards to human
beings, other living creatures, plants and property;

In People's Union for Civil Liberties v. Union of India,15 the Supreme Court held that the provisions
of the international covenant, which elucidate and go to effectuate the fundamental rights
guaranteed by our Constitution, can certainly be relied upon by courts as facets of those
fundamental rights and hence, enforceable as such.

In Vellore Citizens' Welfare Forum v. Union of India,16 the Supreme Court held that it is almost an
accepted proposition of law that the rules of Customary International law which are not contrary to
the municipal law shall be deemed to have been incorporated in the domestic law and shall be
followed by the courts of law.

Since India is a signatory to various international agreements and understandings in the field of
environment, important principles like "the precautionary principle", has become a part of domestic
law, ie., the Environment (Protection) Act, 1986.17
Thus, Indian Constitution puts an obligation and authorizes the Parliament to implement the
decision of any international treaty, agreement or convention with any other country or any decision
made at any international conference, association or other body.

FUNDAMENTAL DUTIES

The Constitution (Forty-second Amendment) Act, 1976, added a new Part

IV-A dealing with "Fundamental Duties" in the Constitution of India.18 Article

51-A of this Part enlists ten fundamental duties. It is interesting to note that this Part was added on
the recommendations of the Swarn Singh Committee bringing the Constitution of India in line with
Article 29(1) of the Universal Declaration of Human Rights.! Article 51-A(g) specifically deals with the
fundamental duty with respect to environment. it provides:

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.

Article 51-A() further provides :

It shall be the duty of every citizen of India to strive towards excellence in all spheres of individual
and collective activity, so that the nation constantly rises to higher levels of endeavour and
achievements.

The fundamental duties are intended to promote peoples' participation in restructuring and building
a welfare society. The protection of environment is a matter of constitutional priority. The problem
is the concern of every citizen.

Neglect of it is an invitation of disaster.20

'Article 51-A(g) refers to the fundamental duty of every citizen to protect and improve "natural
environment". But in the present days the pollution is caused not only by exploiting the "natural
environment" but otherwise also. In modern industrialized civilization such a concept may seem to
be a misnomer.

It is submitted that the word "natural" before environment has to be understood in broad sense.
Nature has given us the gift of pollution free environment. The fundamental duty imposed on every
citizen is not only to protect" the environment from any kind of pollution but also to "improve" the
environment quality if it has been polluted. Thus, the underlined emphasis of this fundamental duty
is that every citizen has a duty to make an endeavour to preserve the environment in the same way
as nature has gifted it to all of us.

Under article 51-A, only "citizens" are under the obligation of

fundamental duties. The Parliament has used the word "citizen" instead of the word 'subject to
create a feeling of citizenship amongst the masses and also to see that the persons living in the
country do not feel that they are subjects.

We used to be the subjects prior to independence, but now we have ceased to be subjects and now
we are the citizens of the country. The requirement of the time is that we should be real citizens of
the country striving towards excellence in all spheres of individual and collective activity including
the protection of environment.

DIRECTIVE PRINCIPLES OF STATE POLICY

Part IV of the Constitution deals with directive principles of State policy.

These directive principles represent the socio-economic goals which the nation is expected to
achieve The directive principles form the fundamental feature and the social conscience of the
Constitution and the Constitution enjoins upon the State to implement these directive principles.30

These directive principles are designed to guide the destiny of the nation by obligating three wings
of the State, i.e., legislature, judicature and executive to implement these principles.

Article 47 of the Constitution is one of the directive principles of State policy and it provides that the
State shall regard the raising of the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties. The improvement of public health will
also include the protection and improvement of environment without which public health cannot be
assured.

The Constitution (Forty-second Amendment) Act, 1976, added a new directive principle in Article 48-
A dealing specifically with protection and improvement of environment. It provides :

The State shall endeavour to protect and improve the environment and to safeguard the forests and
wildlife of the country.Thus, Indian Constitution became one of the rare constitutions of the
obligations on the world where specific provisions were incorporated in the Suprema Lex putting

'State" as well as "citizens" to "protect and improve" the environment. This certainly is a positive
development of Indian law.? The State cannot treat the obligations of protecting and improving the
environment as mere pious obligation. The directive principles are not mere show-pieces in the
window-dressing. They are "fundamental in the governance be implemented.

be the country" and they, being part of the Supreme Law of the land, have to implemented.

Article 37 of the Constitution provides :The provisions contained in this Part (Part IV) shall not be
enforceable by any court, but the principles therein laid down are nevertheless fundamental in the
governance of the country and it shall be the duty of the State to apply these principles in making
laws. (emphasis supplied).

In view of Article 37 of the Constitution, the Court may not be able to actively enforce the directive
principles by compelling the State to apply them in the making of law. The Court can, if the State
commits a breach of its duty by acting contrary to these directive principles, prevent it from doing
so.

Also the non-enforceable nature of the directive principles does not predide the indiciaredfvom
declaring, ary. law unconstitutional which is in

violation of the directive principles. directives also does not preclude the right of the citizens to
move to the Court to see that other organs of the State, ie., the legislature and executive perform
their duties faithfully and in accordance with the law of the land.34 Judicial process is also State
action under Article 37 and the judiciary is bound to apply the directive principles in making
judgment.35

The statutory interpretation, in the creative Indian context, may look for light of the load-star of Part
IV of the Constitution. Where two judicial choices are available, the construction in conformity with
the social philosophy of Part IV has preference.

Thus, the directive principles serve the Courts as a code of interpretation.

Fundamental rights should be interpreted in the light of the directive principles and the later should,
whenever and wherever possible, be read into the former. In other words, Part III dealing with
fundamental rights and Part IV dealing with directive principles are complementary and
supplementary to each other.38

The directive principles now stand elevated to inalienable fundamental human rights. Even they are
justiciable by themselves.9

In India the judicial attitude in protecting and improving the environment provides a testimony of
the fact that directive principles are not mere "guiding principles" of policy but they have to be given
effect to.

In Shri Sachidanand Pandey v. State of W.B.40 the Supreme Court pointed out that whenever a
problem of ecology is brought before the Court, the Court is bound to bear in mind Articles 48-A and
51-A(g) of the Constitution.

F) FUNDAMENTAL RIGHTS

Principle 1 of the Stockholm Declaration finds reflection in Articles 14, 19 and 21 of the Constitution
of India dealing with the right to equality, freedom of expression and right to life and personal
liberty respectively. 19

The Permanent Peoples' Tribunal regards the "anti-humanitarian effects of industrial and
environmental hazards not as an unavoidable part of the existing industrial system, but rather as a
pervasive and organized violation of the most fundamental rights of humanity. Foremost among
these are the right to life, health, expression, association and access to justice."50 All these rights are
secured to the people of India under the Constitution of India particularly in Part III dealing with
fundamental rights. A constitutional provision is never static, it is ever evolving and ever changing
and, therefore, does not admit of à narrow, pedantic or sylogistic approach. Constitutional
provisions in general and fundamental rights in particular must be broadly construed unless the
context otherwise requires. The scope and ambit of such provisions, in particular the fundamental
rights, should not be cut down by too astute or restricted approach.

These fundamental rights are intended to serve generation after generation. They had to be stated
in broad terms leaving scope for expansion by Courts ensuring that the honour, dignity and self-
respect of the people is protected.

In order to treat a right as a fundamental right it is not necessary that it should be expressly stated
as one in Part III of the Constitution dealing with fundamental rights. The provisions of Parts IlI and
IV, dealing with fundamental rights and directive principles respectively, are supplementary and
complementary to each other. Fundamental rights are but means to achieve the goal indicted in Part
IV and thus, must be construed in the light of the directive principles. A right can be recognized as a
fundamental right even though not expressly mentioned in Part III. In other words, there are various
unenumerated fundamental rights in Part III and judicial activism in India has taken a lead in
interpreting various unenumerated rights in Part III of the Constitution 53 Environment protection is
one of them. Though specific provisions for the protection of environment are found in the directive
principles (Part IV) and fundamental duties (Part IV-A), yet right to live in a provisions of Part III
dealing with fundamental rights. Thus, the judiciary in India has provided impetus to the Human
Rights approach for the protection of environment.

At Right to Life and Right to Live in Healthy Environment

Article 21 of the Constitution of India guarantees all persons a fundamental right to "life and
personal liberty"S Article 21 has both negative as well as positive dimensions. In this Article the use
of negative words does not eliminate the positive right conferred by it, such as right to live in healthy
environment. Article 21 covers unenumerated rights falling within the wide amplitude of personal
liberty and for this inspiration can be drawn from the directive principles. The attempt of the Court
should be to expand the reach and ambit of the fundamental right rather than accentuate their
meaning and content by judicial construction.55

Article 21 is the heart of fundamental rights and has received expanded meaning from time to time
and there is no justification as to why right to live in a healthy environment, cannot be interpreted in
it. For healthy existence and preservation of the essential ingredients of life, stable ecological
balance is required. Article 21 guarantees a fundamental right to life-a life of dignity, to be lived in a
proper environment, free of danger of disease and infection. It is an established fact that there exists
a close link between life and environment. The talk of fundamental rights and, in particular, right to
life would become meaningless if there is no healthy environment 56 The judicial grammar of
interpretation has made the sanctum sanctorum of Human Rights.

Right to Livelihood

The judicial grammar of interpretation has further broadened the scope and ambit of Article 21 and
now "right to life" includes the "right to livelihood". So much so that even right to earn livelihood is
also considered as a part of right to life under Article 21 of the Constitution. 108 This broad
interpretation of the right to life is very helpful in checking the governmental action which has an
environmental impact that threatens the poor people of their livelihood by dislocating them from
their place of living or otherwise depriving them of their livelihood. In the last few years, the people
have been protesting against the construction of large dams as they generally displace thousands of
people who are often tribal and forest dwellers and thus deprive them of their livelihood. 109

Fundamental Freedom of Speech and Expression.

Article 19(1)(a) guarantees every citizen a fundamental freedom of speech and expression.

In India most of the environmental jurisprudence has

developed by judicial activism. Most of the cases came before the Court as a result of public interest
litigations (PILs) in which the people exercised their freedom of speech and expression sometimes by
writing letters to the Court or otherwise by filing petitions before it, highlighting the
violation of the rights of the people to live in healthy environment in one way or the other.

Freedom of speech and expression under Article 19(1)(a) also includes In India the public opinion
and media have played an important role in moulding the public perception of environmental issues.
In today's free world, freedom of press is the heart of social and political intercourse. The press has
now assumed the role of the public educator making formal and non-formal education possible on a
large scale, particularly in the developing world, where television and other kinds of modern
communication are not still available for all sections of society. The purpose of the press is to
advance the public interest by publishing facts and opinions without which a democratic electorate
cannot make responsible judgments.

The use of freedom of speech and expression by the Kerala Sastra Sahitya Parishad (KSSP), non-
governmental organizations and influential environmentalists within and outside the government
and the role of the media compelled the government to abandon "the Silent Valley Project". In this
case legal battle played only a peripheral role. Again, in the Tehri Dam Project, the public opinion
and media compelled the government to make proper environment impact assessment (EIA) of the
proposed dam and consider all the aspects of safety of the project in various details more than once.
So much so that the decision of the government to construct Tehri Dam was scrutinized by the
Supreme Court in Tehri Virodhi Sangharsh Samiti v. State of Uttar Pradesh.

REMEDIES FOR THE ENFORCEMENT AND WRIT JURISDICTION

One of the most innovative part of the Constitution is that right to enforce the fundamental rights by
moving the Supreme Court is itself a fundamental right under Article 32 of the Constitution 193 Writ
jurisdiction is conferred on the Supreme Court under Article 32 and on all the twenty-one High
Courts under Article 226 of the Constitution. Under these provisions the Supreme Court and High
Courts have the power to issue any direction or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever is appropriate 9 The
only difference between the writ jurisdictions of the Supreme Court and High Courts is that one can
move the Supreme Court only for the enforcement of fundamental rights whereas in High Courts, it
may be for the enforcement of fundamental rights or for any other purpose. From this point, the
writ jurisdiction of the High Courts is wider in scope. However, one must remember that "the law
declared by the Supreme Court shall be binding on all Courts within the territory of India. 195 Also
the Supreme Court in exercise of its jurisdiction may pass such decree or make such order as is
necessary for "doing complete justice in any cause or matter pending before it.196

Generally, environmental law provides for a system of regulation by statutes. However, in India,
most of the environmental jurisprudence has _been developed through writ jurisdiction. Judicial
activism and the development of the concept of public interest litigation (PIL) under the writ
jurisdiction of the Supreme Court and the High Courts have brought a mutation change in processual
jurisdiction and it has played a pivotal role in developing and providing impetus to environmental
jurisprudence with Human Rights approach. This remedy is preferred over tort action or public
nuisance remedy because it is relatively speedy, cheaper and provides direct approach to the higher
judiciary thereby reducing the chances of further appeals. The relaxed rules of locus stand and
evolution and recognition of epistolary jurisdiction by the Supreme Court and High Courts has
further ensured the public participation in matters like environment protection." The remedy under
wit jurisdiction also provides flexibility to the Courts to choose an appropriate relief by issuing
appropriate orders, directions or writs.

Thus, the higher judiciary, inter alia, has ordered the municipalities to construct proper drainage
system for maintenance of health and preservation of the sanitation and environment. 19 It gave
clearance to noxious factories to restart on technical reports of safety means.19 The Court has
removed the industries from residential areas.200 The Court appointed special panel to assess the
availability of technology for controlling vehicular pollution.?01 In order to maintain stable ecological
balance, the Court has ordered to stop quarrying in certain areas.202 The Court has shifted the stone
crushing units outside the urban cities.203 The use of primary treatment plant by the tanneries and
other riparian industries has been made compulsory to prevent the fill tion af the here watere The
Court has prevented the use of public pas site for any other purpose or construction. rehabilitation
of slum dwellers206 and prescribed hawking zones in matropolitan cites.

Need to Establish Environmental Courts

Keeping in view the fact that cases involving issues of environmental pollution, ecological
destruction and conflict over natural resources are increasingly coming up for adjudication and these
cases involve assessment and evolution of scientific and technical data, the Supreme Court has
suggested the setting up of Environmental Courts on the regional basis with one professional judge
and two experts drawn from Ecological Science Research group keeping in view the nature of the
case and expertise required for its adjudication. There would of course be a fight to appeal to
Supreme Court from the decision of the environment court.

Question:2 polluter pay principle and its effect?

Answer: Polluter pays principle in the context of India
Implementation progress of the principle
In India, the ‘polluter pays principle’ was for the first time applied and defined in the 1996 case of
Indian Council of Enviro-Legal Action vs Union of India. In this case, Justice Dalveer Bhandari
determined that reversing the imbalance caused to the ecology is the part and parcel of the
industrial process. Thus, the financial responsibility of taking prevention and controlling measures
for the pollution caused should rest upon the industry which caused pollution. The financial burden
cannot be shifted to the shoulders of the government neither in preventing nor in correcting the
dent. Multiple interlocutory and interim applications were filed in this case after the dismissal of the
writ petition, the review petition and the curative petition by the court. The judge, in this case,
Justice Dalveer Bhandari considered that it is easier for men with power and authority to disobey or
non-comply with the judicial pronouncements.

In the cases of Research Foundation For Science Technology National Resource Policy v. Union of
India and Anr and Vellore Citizens’ Welfare Forum v. Union of India and Ors.the judges respectively
ended up with the conclusion that principles such as the precautionary principle, the polluter pays
principle form an intrinsic part of the laws of the environmental laws of India. The ‘polluter pays
principle’ was already considered as a part of the customary practices of international laws for the
protection of the environment. Hence, the principles ought to be included in environmental laws of
India, according to the judges.

The judges further improved the scope of implementation of the principle in A.P. Pollution Control
Board v. Prof. M.V. Nayudu (Retd.) and Ors. case. The judges enabled the courts, tribunals and other
environmental organisations to apply these principles when cases are registered in the tribunals or
organisation.

Article 21 of the Indian Constitution emphasises on the basic right of every Indian inhabitant. The
basic right mentioned in Article 21 is right to life and personal liberty. As simple as it can be put,
polluting the surroundings of a locality would take away the basic right from the inhabitant.
Pollution being the inevitable part of industrialisation, community participation for protection of the
environment is a duty of every citizen. Hence, the right to community participation for protection of
the environment is considered to flow from Article 21 of the Constitution of India.

In India according to Section 20 of National Green Tribunal Act, the tribunal can apply for the
principles of sustainable development, the polluter pays principles and precautionary principle while
passing any order, award or decision for balanced development without harming the mother earth.

Polluter pays principle in the context of India

Implementation progress of the principle

In India, the ‘polluter pays principle’ was for the first time applied and defined in the 1996 case of
Indian Council of Enviro-Legal Action vs Union of India. In this case, Justice Dalveer Bhandari
determined that reversing the imbalance caused to the ecology is the part and parcel of the
industrial process. Thus, the financial responsibility of taking prevention and controlling measures
for the pollution caused should rest upon the industry which caused pollution. The financial burden
cannot be shifted to the shoulders of the government neither in preventing nor in correcting the
dent. Multiple interlocutory and interim applications were filed in this case after the dismissal of the
writ petition, the review petition and the curative petition by the court. The judge, in this case,
Justice Dalveer Bhandari considered that it is easier for men with power and authority to disobey or
non-comply with the judicial pronouncements.

In the cases of Research Foundation For Science Technology National Resource Policy v. Union of
India and Anr and Vellore Citizens’ Welfare Forum v. Union of India and Ors.the judges respectively
ended up with the conclusion that principles such as the precautionary principle, the polluter pays
principle form an intrinsic part of the laws of the environmental laws of India. The ‘polluter pays
principle’ was already considered as a part of the customary practices of international laws for the
protection of the environment. Hence, the principles ought to be included in environmental laws of
India, according to the judges.

The judges further improved the scope of implementation of the principle in A.P. Pollution Control
Board v. Prof. M.V. Nayudu (Retd.) and Ors. case. The judges enabled the courts, tribunals and other
environmental organisations to apply these principles when cases are registered in the tribunals or
organisation.

Article 21 of the Indian Constitution emphasises on the basic right of every Indian inhabitant. The
basic right mentioned in Article 21 is right to life and personal liberty. As simple as it can be put,
polluting the surroundings of a locality would take away the basic right from the inhabitant.
Pollution being the inevitable part of industrialisation, community participation for protection of the
environment is a duty of every citizen. Hence, the right to community participation for protection of
the environment is considered to flow from Article 21 of the Constitution of India.

In India according to Section 20 of National Green Tribunal Act, the tribunal can apply for the
principles of sustainable development, the polluter pays principles and precautionary principle while
passing any order, award or decision for balanced development without harming the mother earth.

Public Trust Doctrine- This doctrine simply provides the state in entrusted with the responsibility of
protection of the natural resources, it therefore falls under the state’s duty to ensure that a healthy
living environment is available to all the persons living under it. The Indian judiciary first introduced
this doctrine in the case of M.C.Mehta v. Kamal Nath2 . The Supreme Court pointed out that this is
based on the English doctrine that states that the natural resources are for general use and they are
protected by the state.

4. Polluter Pay Principle- One of the most recognized principles of liability is the Polluter Pay
Principle (PPP). It is simple in its nature and approach and uses the same principle of liability used in
the criminal law that is, whoever causes the harm is the one liable to make up for it. The Polluter Pay
Principle as the name suggests in itself provides that if any industry causes pollution or degradation
of environment or to any person of property, then in such case the liability of such person arises. The
concept of Polluter Pay was first introduced by the Organization for Economic Cooperation and
Development in the year 1972. It further shaped in the year 1992 under the Principle 16 of the Rio
Declaration. The principle laid down that If environmental costs are not internalized (or if state
subsidies are given to polluting industries or if preventive measures are paid by the state) this could
lead to distortion of international trade and investment. Thus, due application of the principle also
protects economic interests. (but: no excessive application of principle, which may again lead to
distortions.) 3 From the time of its inception by the OECD, the Polluter Pay Principle has gained
recognition internationally. Many countries have laid out an interpretation of the principle by
themselves that are adapted and applicable as the law of the land. The Indian Judiciary has on
various instances made use of the liability principle and brought it in the domain of the Indian Law.

Conclusion

Although the Polluter Pays Principle has helped to mitigate the damage being caused to the
environment to some extent, the provision remains an inadequate remedy as ambiguity persists
regarding clear identification of the actual polluter. The polluter may a part of the "production
chain" and it is difficult to impose the liability on such polluter when the courts consider the
parameters of extent and contribution of causing pollution.

Moreover, under this principal, the amount of compensation to be charged for the restoration of the
damage caused to the environment remains to be inadequate in comparison to the loss actually
caused. More effective and unambiguous provisions with regards to the implementation of the
Polluter Pays Principle would be beneficial in the longer run.