UNIT -1
Environmental Law can be explained as a legal framework comprising principles, directives,
policies, and regulations founded by different local, national, or international units. Its purpose is
to safeguard and maintain the environment, verifying its appropriateness for both present and
future generations.
According to Black’s Law Dictionary, environmental law is defined as, “A 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”.
Based on 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”.
The word "environment" discovers its origins in the French term 'environner,' indicating "to
encircle." It encompasses all the surroundings where humans live. These surroundings cover both
the entirety of the natural world and the human-made terrain. The natural environment comprises
elements like air, water, lakes, trees, and mountains, while the human-made environment consists
of developments such as buildings, roads, parks, bridges, monuments, gardens, and more.
As per 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”.
Environmental Pollution
The term 'pollution' emerges from the Latin word "Polluere," denoting the act of polluting any
aspect of the environment. Environmental pollution takes place when any component is unveiled
into the environment, humiliating its property to a point where it becomes inappropriate for human
habitation. Various forms of environmental pollution involve air pollution, water pollution, noise
pollution, and more.
As per Section 2(c) of the Environment (Protection) Act, 1986, “environmental pollution means
the presence in the environment of any environmental harmful agent”.
The Significance of Environmental Protection
Environment and human existence are intricately intertwined, with the quality of an individual's
environment having a profound effect on their quality of life. The Supreme Court of India has
stated in numerous cases that the right to a pollution-free environment, including access to
unpolluted water and pure air, is fundamental. It is a vital component of the right to life guaranteed
by Article 21 of the Indian Constitution.
Environmental Pollution
➢ Environmental Pollution refers to the introduction of harmful materials into the
environment.
➢ In other words, environmental pollution is the contamination of the physical and biological
components of the environment to such an extent that normal environmental processes are
adversely affected.
Pollutants
➢ Any harmful material that, by getting introduced into the environment, causes
environmental pollution is called a pollutant.
➢ In other words, a pollutant is any substance that contaminates air, water, soil, etc, and
damages their quality.
➢ Pollutants can be natural, such as volcanic ash, or created by human activity, such as trash
or factory runoff.
Types of Pollutants
Pollutants can be categorised into various types based on different parameters, as shown below.
Based on Nature of Disposal
Based on the nature of disposal, pollutants are of the following two types:
Non-Biodegradable Pollutants
➢ Pollutants that cannot be broken down into simpler, harmless substances in nature are
called non-biodegradable pollutants.
➢ For example, DDT, plastics, polythene, insecticides, pesticides, mercury, lead, arsenic,
aluminium cans, synthetic fibres, glass objects, iron products, silver foils, etc.
➢ Through bioaccumulation and biomagnification, these pollutants may appear in greater
concentration as we move along the higher tropics of the food chain.
Biodegradable Pollutants
➢ Biodegradable Pollutants can be broken down into simpler, harmless substances in nature
over time.
➢ For example, Domestic wastes, urine, faecal matter, sewage, agriculture residues, paper,
wood, cloth, cattle dung, animal bones, leather, wool, vegetable stuff or plants etc.
Based on Form of Persistence
Depending upon the form in which they persist after being released into the environment, the
pollutants are categorised into the following two types:
Primary Pollutants
➢ Primary Pollutants are those emitted directly from the source and persist in the environment
in the form in which they were added.
➢ Examples: ash, smoke, fumes, dust, nitric oxide, sulphur dioxide, hydrocarbons, etc.
Secondary Pollutants
➢ Secondary Pollutants are formed from primary pollutants by chemical interaction with
some constituents present in the atmosphere.
➢ Examples are Sulphur trioxide, nitrogen dioxide, aldehydes, ketones, ozone, etc.
Based on Nature of Pollutants
Depending upon their existence in nature, pollutants are of the following two types:
Quantitative Pollutants
➢ These substances normally occur in the environment but acquire the status of pollutant
when their concentration increases due to human unmindfulness.
➢ For example, Carbon Dioxide (CO2).
Qualitative Pollutants
➢ These substances do not usually occur in nature but are added by man.
➢ For example, insecticides.
Causes of Environmental Pollution
The causes of environmental pollution are based on the following factors:
Rapid Industrialisation
➢ The concentration of industries in urban areas releases pollutants into the air, water,
and soil, causing environmental pollution.
➢ The rapid pace of urbanisation also increases waste generation and resource
consumption, exacerbating pollution and causing severe environmental pollution.
➢ Industries also generate hazardous wastes in many forms, including liquids, solids,
gases, and sludge.
Rapid Urbanization
➢ The increased pace of urbanisation in recent times has led to worsening
environmental pollution.
➢ It creates issues such as deforestation and habitat loss, increased emissions and
waste generation, etc.
Forest Fires
➢ The frequency of forest fires or wildfires has increased because of human actions,
such as land clearing, encroachment, etc.
➢ These wildfires are a huge source of environmental pollution, adding large amounts
of gaseous and other pollutants to the environment.
Improper Agricultural Practices
➢ According to the IPCC report, the agriculture sector produces at least 23 per cent
of global greenhouse gas emissions (second only to the energy sector).
➢ Using chemical fertilisers, pesticides, and herbicides in agriculture contributes to
soil and water pollution and environmental pollution.
➢ Intensive farming practices also lead to deforestation, soil erosion, habitat
destruction and environmental pollution.
Deforestation
➢ Deforestation refers to the decrease in forest areas worldwide that are lost for other
uses, such as agricultural croplands, urbanisation, or mining activities.
➢ This causes an imbalance in the local ecology and reduces nature’s capability to
absorb pollutants, leading to environmental pollution.
Other Causes
➢ Other prominent causes of environmental pollution include continued reliance on
fossil fuels, vehicular emissions, and improper waste management.
Types of Environmental Pollution
Environmental pollution can be categorised into several types based on the nature of the pollutants
and the media they affect.
Air Pollution
• Air Pollution is the contamination of the atmosphere with harmful substances that can
adversely affect human health, ecosystems, and climate.
• Air pollution is caused by releasing harmful gases and particulate matter into the
atmosphere.
• Significant sources of air pollution include industrial emissions, vehicular exhaust, and
burning fossil fuels, which causes environmental pollution.
• Air Pollution is linked to respiratory diseases, cardiovascular problems, and global
phenomena like acid rain and climate change.
Water Pollution
• Water Pollution refers to the contamination of water bodies such as rivers, lakes, and
oceans with pollutants such as industrial effluents, sewage, agricultural runoff, and oil
spills.
• Water Pollution occurs when pollutants are discharged into water bodies, leading to water
quality degradation.
• Industrial effluents, agricultural run-off, and domestic sewage contribute to Water
Pollution.
• Contaminated water affects aquatic life, disrupts ecosystems, and poses serious health risks
to humans.
Soil Pollution
• Soil Pollution refers to soil contamination with harmful substances, including heavy
metals, pesticides, and industrial waste.
• Major sources of soil pollution include – the deposition of hazardous chemicals, heavy
metals, and waste on land.
• Key factors are agricultural practices involving excessive use of pesticides and fertilisers,
industrial waste dumping, and improper disposal of solid waste, which also causes
environmental pollution.
• Soil pollution reduces soil fertility, contaminates crops, and affects food security.
Noise Pollution
• Noise Pollution refers to excessive noise that can adversely affect human health and
wildlife.
• Significant contributors to noise pollution include noise from industrial activities, traffic,
construction, and urbanisation.
• Chronic exposure to high noise levels can lead to hearing loss, stress, and other health
issues, which in turn can lead to environmental pollution.
Thermal Pollution
• Thermal Pollution is defined as the sudden increase or decrease in the temperature of a
natural body of water, such as an ocean, lake, river, or pond.
• This sudden change in water temperature is mainly due to anthropogenic activities.
• For example, a power plant takes water from a source, such as a river, as a coolant and then
discharges the warm water back into the water body.
• Thermal Pollution leads to several issues in the aquatic ecosystem, such as decreased
Dissolved Oxygen (DO) levels, algae growth, and a surge in toxins.
Nuclear Pollution or Radiation Pollution
• Nuclear Pollution or Radiation Pollution can be defined as the release of high-energy
particles into the air, water or surface.
• It is caused by radioactive materials contaminating the environment by decaying natural or
anthropogenic activities.
• Breaches at nuclear power plants, scientific laboratories, chemical spills, etc, are some of
the prominent causes of Nuclear Pollution or Radiation Pollution.
• Radiation modifies and destroys cells and genetic materials in living organisms, resulting
in ill impacts on health.
Marine Pollution
• Marine Pollution can be defined as the introduction of substances to the marine
environment directly or indirectly by humans, resulting in adverse effects such as hazards
to human health, obstruction of marine activities and lowering the quality of seawater.
• Waste and sewage from different sources, such as industries, residences, etc, are directly
discharged into the sea and are the primary sources of marine and environmental pollution.
• It affects the flora and fauna of the marine environment.
Plastic Pollution
• Plastic pollution is the contamination of the environment with plastic waste, such as
discarded plastic items and debris.
• Plastic pollution is a major environmental problem because it takes hundreds of years for
plastic to decompose.
• Plastic wastes can accumulate in landfills, waterways, and oceans, causing harm to wildlife
and ecosystems.
• Plastic pollution severely impacts the health of humans, wildlife and the overall ecosystem.
Light Pollution
• Light Pollution refers to excessive artificial light that can disrupt ecosystems and nocturnal
activities.
• Over-illumination in urban areas disrupts natural light cycles, affecting wildlife and human
health.
• It contributes to energy waste and interferes with astronomical observations.
Consequences of Environmental Pollution
The consequences of environmental pollution are as follows:
❖ Public Health
➢ Pollution is a significant cause of diseases and premature deaths globally.
➢ Different types of pollution have different impacts on human health.
➢ Air pollution alone is responsible for millions of deaths annually, with children and
the elderly being particularly vulnerable.
❖ Environmental Degradation
➢ Pollution disrupts ecosystems, leading to the loss of biodiversity, degradation of
natural habitats, and alteration of ecological processes.
➢ All these, in turn, lead to issues such as disruption of food chains and environmental
pollution.
❖ Climate Change
➢ Pollution, particularly from greenhouse gas emissions, is a significant driver of
climate change.
➢ This, in turn, leads to issues such as global warming, more frequent and severe
weather events, rising sea levels, and shifts in ecosystems.
❖ Economic Costs
➢ The economic burden of pollution is immense, including loss of productivity and
ecosystem damage.
➢ The expenses on environmental pollution control measures and increased
healthcare costs also add to the economic costs of pollution.
❖ Social Impacts
➢ Pollution can reduce overall quality of life by affecting people’s health, well-being,
and enjoyment of their environment.
➢ Environmental degradation and its associated consequences, such as droughts,
water crises, etc, can cause social unrest and conflicts, forced displacement of
communities, etc.
Measures for Addressing Environmental Pollution
To mitigate the effects of environmental pollution, a comprehensive and multi-faceted approach
is necessary, including:
1. Policy and Regulation: Governments must implement strict environmental regulations to
limit emissions, control waste, and promote sustainable practices.
2. Public Awareness and Education: It is crucial to tackle pollution by educating the public
about the causes and consequences of pollution and encouraging environmentally
responsible behaviour.
3. Sustainable Practices: Promoting sustainable consumption patterns and resource
management. The principles of the circular economy, which emphasise recycling and
reusing resources, should be widely adopted.
4. Technological Solutions: Innovations in clean energy, waste management, and pollution
control technologies can significantly reduce human activities’ environmental footprint
5. International Cooperation: Environmental pollution is a transboundary issue that
requires coordinated international efforts.Through treaties, conventions, and collaborative
initiatives, global cooperation is essential for addressing environmental pollution globally.
Protection of environment in the Indian Tradition and culture
India has always had a rich ancient tradition of protecting the environment which in turn, has
made the people of India worship and embrace nature in every way possible. Trees, water,
animals, land have an important mention in ancient Indian texts. 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;
also hymns in the four Vedas, Rigveda, Yajurveda, Samaveda, and Atharvaveda, reveal full
cognizance of the undesirable effects of climate change, distortion in ecological balance, and
environmental degradation; and appropriately caution against them.
Bhagavata Gita Purana writes
‘According to the different modes of material nature the mode of goodness, the mode of
passion and the mode of darkness — there are different living creatures, who are known as
demigods, human beings and hellish living entities. O King, even a particular mode of
nature, being mixed with the other two, is divided into three, and thus each kind of living
creature is influenced by the other modes and acquires its habits also’.
According to Amma, there is an inseparable bond between man and nature. For man, there
cannot be an existence removed from nature.
Letting alone Hinduism, diverse traditions and religions existing in India look up to
environment and its preservation as an ultimate goal. Various literary texts caution us against
environmental degradation and endorse us ensuring effective sustainability.
In Quran, reference is made regarding the environment which says- “Do not make mischief on
the earth”
Christians baptize a new born child in the water, which denotes ‘purification from original
sins’.
In Buddhism, Buddha, being an aficionado of nature have stated that trees provide shade and
shelter and hence, are too sacrosanct to be exploited.
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.”
This allows us to fathom that the reflection of nature is deeply rooted in ancient Indian tradition.
We hereby can infer that almost all the religions as well as ancient texts have an ingrained nature
of environmental overtones which was to observe conduct towards nature and its creations.
Protection of environment in Ancient India
The ancient people, though didn’t study the importance of environment and ecology in books or
journals like we do but were well conscious of its basic principles and significance. They believed
that the protection of Mother Nature is a moral responsibility of their own and hereby, should
essentially preserve nature as much as possible without having a toll on it for the satisfaction of
their needs.
Indus valley civilization, popularly known as Harappan civilization which flourished around 5000
years ago, archaeologically makes us believe to have perceived environment as a primary concern.
They also believed in hygiene and sanitation, waste management which lets us infer their
cautiousness about the protection of environment evident from their constructions of public baths,
bathrooms, waste disposal, underground drainage system, etc.
Vedic culture (1500- 500 BC) emphasises on protection and cleaning of the environment but we
cannot wholly allude to this perspective as it is also believed that , people in Indus Valley who
practised agriculture were highly dependent on irrigation and overseas trade, which would only be
possible because of the rain fed soil and easy access to sea. The reduction of forests was because
of the usage of immense amount of timber-wood for burning bricks. Less occurrence of rainfall,
soil erosion, lack of dams are most likely to be the prime factors which led to the downfall of this
civilisation.
In Hindu literature, Charak Samhita (Medical book originated in 900 BC) instructs the readers on
the importance of maintaining and drinking pure water. Arthashastra prescribes various
punishments for cutting trees, damaging environment, killing of animals which were not only
bound to common citizens and masses but also to the kings and the leaders.
Manusmriti, the most authoritative among all the books of the Hindu code in India contain the
earliest messages for preservation of environment and ecological balance. The highness says that
– Injuring medicinal plants, cutting down shrubs, herbs, etc. should be followed by penance.
Manusmriti further suggests that – One shouldn’t hurt or cause injury to other creature even in the
time of distress; which we can assign to environment as well.
Vishnu Purana and Matsya Purana establish the fact that –
If the society fails to maintain ecological balance, it will get devastated. Hunting too is prohibited.
Varah Purana says that- Planting one peepal, one neem, ten flowering plants or creepers, two
pomegranates, two oranges, five mangoes protect from falling in hell.
Puranas however, believe that the trees and nature have their origin from God and it is vital to
maintain our ecosystem, our planet, our wellbeing.
Let me recall a very famous Shloka of the Panchatantra.
‘Vŗkshamschitvā pasun hatvā kŗtvā
Rudhira kurdamam
Yaddeva gamyate svargam narakam kena
Gamayate?ˮ
Translated as- By cutting the trees and killing the animals, if someone aspires to go to the heaven,
which is the way to hell?
However, it is palpable that the matter of environment and its protection was an important matter
in the ancient times as it is today. We have seen how the ancient Indian scholars were concerned
about the balance of the environment although, then, there were no questions of chemical
industries, global warming, deforestation as it is today thus, making the preservation of the nature
hardly arduous.
Significance
We don’t really look up to the medieval period of India when it comes to environment protection.
This period, mainly dominated by the Mughals and Muslim rulers considered forests no more than
the grassland they could hunt. Rulers as well as the masses were more intrigued in war and tended
to serve people than to serve mother Earth. No worthy jurisprudence of environmental protection
has been testified in this period except in the rule of Emperor Akbar. Also, the account of Babar
(Babarnama) gives a detailed description of the flaura and founa existed in a very systematic
manner. There’s a mention of different types of exotic and endangered animals, birds, trees, which
enable us to label him as a keen researcher and a fine observer. The renowned emperor Jahangir
patronized a large number of artists to whom he ordered to portray the animals and birds. Foremost,
among these artists was Mansur who painted the flora of Kashmir in great detail. Jahangir is
responsible for the construction of some the finest gardens in Mughal India but this shouldn’t let
us have a spurious belief about their concern about protection of the environment as it was just for
matter of leisure and mere curiosity about nature.
Barring ‘royal trees’ which enjoyed patronage from being cut by imposing a fine, there were no
other restrictions on cutting down the trees. The right to hunting wild animals such as tigers, lions,
etc. was only restricted to the members of royal families. This, in the long run, may have helped
to preserve them. Therefore, it’s comprehensive enough for us to infer that during this period,
forests and wildlife shrank steadily in size as there were no definite policies for their protection.
Today, we have been paying their dues and also it’s the need of the hour as the technology,
industries, pollution have very much emerged taking a big toll on the environment.
British Era (1800- 1947 AD)-
British arrived in India at 1600 with the mission of trading goods from India but, after seeing the
immense amount of natural resources and plunders of opportunity to exploit the resources present
here, they changed their game plan and decided to accomplish their aim of exploiting natural
resources in India. The early days of British India witnessed abundance of natural resources and
they exploited the contemporary India by the policy of imperialism. After Mughals, the Britishers
played an utmost role in devastating the natural wholesomeness of India. Their destructive energy
was intense enough to convert a forest into a desert. Britishers also worked towards denudation of
forests as they were of the view that agriculture and forests are a hindrance to the prosperity of
their Empire.
As the time passed, over exploitation of these resources led to their scarcity which in turn, exhorted
them to undertake measures to guard them. The new environmental policies served in turn to
support British imperialism in India.
Thus, environmentalism and imperialism have a shared past, and the newly protected forests
marked a symbiotic alliance of environmental concern with expansion of state power in India.
Various laws and policies enacted by the government help to better the conditions to some extent
but there’s more to be done. To do the needful, the Indian Judiciary, has proved to be a beacon
light for the betterment of our Mother Earth by protecting it and interpreting the constitution in a
positive manner.
Landmark cases for protection of the environment-
M.C. Mehta v. Union Of India (Gas Leak in Shriram Factory); Supreme court of India
In 1984, there was a leakage of poisonous gas (methyl isocynate) from Union Carbide Corporation
India Limited, Bhopal in Madhya Pradesh. This incident is termed as the “World’s worst industrial
disaster” as it claimed the lives of more than 2000 people and about 6 lakh people suffering from
serious health disorders ; breathing as well as cardiac complications. While the judgement of this
case was pending in the court, another gas incident followed which took place in Shri Ram foods
and fertilizers Industries in 1985. This incident hazardously affected several lives as well.
M.C. Mehta, a legal practitioner filed a ‘public interest litigation’ under article 32 of the
constitution. The Supreme Court judge, P.N. Bhagwati, keeping in mind the egregious one-year
old Bhopal tragedy, evolved a new rule ‘Absolute Liability’ in preference to the Strict Liability of
1868. The court held that the ‘absolute liability’ of the manufacturer to provide compensation to
the victims and all those who are affected was introduced in this case. The court further directed
to set up an Environmental committee to discuss upon the matters related to the environment.
Pursuant upon these recommendations, the Government of India passed National Environment
tribunal act, 1955 to deal with cases basing on environment pollution.
Subhash Kumar v. State of Bihar and ORS; Supreme Court of India-
Subhash Kumar v. State of Bihar is related to the prevention of the pollution of water of the river
Bokaro from the discharge of sludge/slurry from Tata Iron and Steel Co. Ltd. The petitioner alleged
that the enaction of Water (Prevention and control of pollution) Act, 1978 is meant for maintaining
the wholesomeness of the water and its prevention from pollution, and the State of Bihar, failing
to take any actions against the company, granted a lease of the payment of royalty for collection
of slurry to various persons.
To this, the apex court decided that the right to accessing pollution free water and air is a
fundamental right incorporated under article 21.
However, the case was later on dismissed due to absence of good and reasonable contentions from
the petitioner’s side confirming that the water of Bokaro River has been polluted by discharge
from the company because on the other hand, the bench found out that effective steps have been
taken by the State Pollution Control Board.
Samir Mehta v. Union of India and ORS; National Green Tribunal-
The petitioner, an environmentalist filed an application regarding the damage caused by sinking
of a ship carrying fuel oil, coal, diesel hereby, creating a thick layer on the surface of the ocean,
detrimental to marine ecosystem. The tribunal noticed the negligence as this case also posed
various public questions and is a significant one in jurisprudence of environment. The court
thereby, reaffirmed the ‘Precautionary principle’ and ‘Polluter pays principle’ and also recognised
Right to clean environment as the fundamental right in Article 21 of the constitution which
guarantees right to life and personal liberty.
Pollution of Air
1. M.C. Mehta v. Union of India (Taj Trapezium Case)AIR 1997 SC 734
Industries near the Taj Mahal causing air pollution were ordered to either switch to cleaner
fuels or relocate. Environmental protection was prioritized over industrial interests.
2. Subhash Kumar v. State of Bihar: AIR 1991 SC 420
Held: The right to pollution-free air is a fundamental right under Article 21 of the
Constitution of India.
Pollution of Water
3. M.C. Mehta v. Union of India (Ganga Pollution Case) AIR 1988 SC 1037
Industries discharging effluents into the Ganga River were directed to install effluent
treatment plants. The court emphasized the importance of controlling water pollution.
4. Vellore Citizens Welfare Forum v. Union of India: AIR 1996 SC 2715
The court recognized the "precautionary principle" and "polluter pays principle" for
preventing water pollution caused by tanneries in Tamil Nadu.
Pollution of Land
5. Indian Council for Enviro-Legal Action v. Union of India AIR 1996 SC 1446
Industries causing soil and groundwater contamination in Rajasthan were held liable for
the cost of cleanup. The "polluter pays principle" was applied.
6. Municipal Council, Ratlam v. Vardichan AIR 1980 SC 1622
Local authorities were directed to prevent land pollution by taking steps to improve
sanitation and waste management. Public health was considered a primary duty of
municipalities
Environment (General)
7. T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228
Forests were declared a national asset, and the court ordered strict implementation of forest
conservation laws to prevent environmental degradation.
8. M.C. Mehta v. Kamal Nath,(1997) 1 SCC 388
The public trust doctrine was applied, holding that natural resources like rivers and forests
are meant for public use and cannot be misused by private entities.
9. S. Jagannath v. Union of India,AIR 1997 SC 811
Aquaculture farms causing environmental harm were regulated, and the court upheld the
right to a clean environment under Article 21.
