Environmental Protection in India

A Comprehensive Overview
 Introduction to Environmental
Protection in India
The right to live in a healthy environment is one of
our fundamental rights. India's approach to
environmental protection is an evolving effort,
involving both government regulations and
community initiatives. Environmental Protection is
one of the fundamental requirements for any
nation’s overall development. Environmental
Protection is aimed at improving and maintaining
the quality of the environment. It focuses on the
aspect that no part of nature is affected by any
Constitutional Provisions for Environment
Protection
India's constitution reflects the nation's commitment to
environmental protection through a series of specific provisions.
These help navigate the balance between development and
sustainability.
Article 48A states, "The State shall endeavor to protect and
improve the environment and to safeguard the forests and
wildlife of the country." This provision places a responsibility on
the State to take proactive measures to ensure the protection
and improvement of the environment. It recognizes the
importance of preserving forests and wildlife, which are vital
components of India's rich natural heritage.
Article 51A(g):- It mandates every citizen of India to protect
and improve the natural environment, including forests, lakes,
rivers, and wildlife, and to have compassion for living creatures.
The Environment Protection Act, 1986
The Environment Protection Act, 1986 is a
landmark legislation in India, aimed at providing a
comprehensive legal framework for the protection
and improvement of the environment.
Objectives:
● Prevention and Control of Pollution: The Act
empowers the central government to take all
necessary measures to prevent, control, and abate
environmental pollution.
● Preservation of Environment: It aims at
protecting and improving the quality of the
environment by setting standards and regulations.
 Water (Prevention and Control of
Pollution) Act, 1974
The Water (Prevention and Control of Pollution) Act,
1974, is one of India’s earliest and most significant
environmental laws, aiming at preventing and
controlling water pollution while maintaining or
restoring the purity of water.
Prevention of Water Pollution: The primary objective
of the Act is to prevent the pollution of water bodies.
Maintenance and Restoration of Water Quality:
Ensure the chemical, physical, and biological integrity
of water bodies.
 Air (Prevention and Control of Pollution)
Act, 1981
The Air (Prevention and Control of Pollution) Act,
1981 is a law in India that aims to prevent, control,
and reduce air pollution.

Air (Prevention and Control of Pollution) Board, aims

to protect public health by preventing people or
entities from intentionally polluting the air.

Objectives
• To preserve the quality of air and natural
resources
• To address air pollution issues caused by stubble
 Wildlife Protection Act, 1972
The Wild Life protection act refers to the practice
of protecting wild species and their habitats in
order to maintain healthy wildlife species or
populations and to restore, protect or enhance
natural ecosystems.

Objectives
• It aims to preserve natural habitats and
ensure the
well-being of wildlife species.

• The act prohibits the hunting, poaching, and

 Forest Conservation Act, 1980
Forest (Conservation) Act, 1980 is a unique piece
of legislation, and a regulatory mechanism that
reflects the collective will of the nation to protect
its rich biodiversity and natural heritage and that
permits only unavoidable use of forest land for
various developmental purposes.

Objectives
• The Forest (Conservation) Act, 1980 is a law
that aims to
protect India's forests and their resources.
• Forest conservation Act is the practice of
planning and
 Role of Judiciary in Environmental
Protection
Judiciary has played vital role in environmental
protection.
The remedies available in India for environmental
protection comprise of tortuous as well as statutory
law remedies. The tortuous remedies available are
trespass, nuisance, strict liability and negligence.
• Court can take cognizance of an offence under
Section 19 of
the Environment (Protection) Act, 1986,
• An activity under section 152 of BNSS, 2023
• Activity brought under the Section 270 for
open irritation,
under BNS ,2023
 Public Interest Litigation and
Environmental Jurisprudence
⚫PIL has been used to bring environmental issues
to court, such as air pollution, water pollution,
and illegal mining.
⚫It has helped establish regulations on industrial
emissions, fuel standards, and more.
⚫PIL has led to landmark cases, such as the Ganga
Pollution Case and the Taj Trapezium Case.
⚫It has helped improve environmental governance
and protect forests and wildlife.
⚫Public Interest Litigation has played a crucial
role in the development of environmental law in
 Environmental Policies and Sustainable
Development
⚫ Environmental policies and sustainable development are
related concepts that aim to protect the environment
and ensure the well-being of people and the planet.
⚫ Sustainable development involves balancing economic
development, environmental protection, and social well-
being.
⚫ Sustainable development is an approach to growth
and human development that aims to meet the needs of
the present without compromising the ability of future
generations to meet their own needs
⚫ The National Environment Policy of India, 2006 is aimed
to integrate environmental concerns into development
planning and decision-making. It involves using
 Polluter Pays Principle
⚫The Polluter Pays Principle can help identify
pollution sources, compensate those affected, and
reduce pollution levels. It is a part of the 1992
Rio De Janeiro Declaration that guides
sustainable development worldwide.
⚫The Polluter Pays Principle is applied to
hazardous activities, such as those that pollute
land, water, and air.
⚫This Principle is the commonly accepted practice
that those who pollute the environment should
bear the costs of managing it to prevent damage
to human health or the environment .
⚫It is applied to hazardous activities, such as those
 Precautionary Principle
⚫The precautionary principle involves taking action to
prevent potential threats, even when there's
uncertainty. It's based on the idea that it's better to be
cautious than to risk causing irreversible damage to
the environment or human health.
⚫The precautionary principle is used to help make
decisions that improve environmental quality and
public health.
⚫The precautionary principle can be applied to issues
like climate change, pollution, and the introduction of
new products when no scientific data is available to
evaluate potential damage.
⚫The precautionary principle is accepted in India as a
fundamental tool to promote sustainable
development and is employed within Indian
 Public Trust Doctrine
⚫The public trust doctrine of the ‘Stockholm
Declaration’ is a document adopted in 1972 that
creates a legal obligation for the sovereign to
hold certain natural resources in trust for its
people and at the same time it places a custodial
duty on the sovereign to protect and preserve
these resources for present and future
generations.

⚫The Supreme Court established Public Trust

Doctrine in the case of M.C.Mehta v/s Kamal
Nath (1997) where it held that the government
does not own the environment and its resources,
 Impact of Industrialization on the
Pollution Environment
Industrial activities release pollutants into the air, water, and soil, which can
harm ecosystems and pose health risks.
● Air pollution: Burning coal and natural gas releases pollutants like smoke, gas,
and particulate matter, which can reduce air quality.
● Water pollution: Industries use large amounts of water, which can become
contaminated with toxic chemicals, heavy metals, radioactive waste, and organic
sludge.
● Soil pollution: Soil pollution can reduce soil fertility, contaminate crops, and
affect food security.

Deforestation
Deforestation is the large-scale removal of trees for human activities. It can lead
to biodiversity loss, damage to natural habitats, soil erosion, and disturbances in
the water cycle.

Climate change
Industrial activities release greenhouse gases into the atmosphere, which
contribute to climate change.
Role of NGOs in Environment Protection
Raising awareness: NGOs educate the public about
environmental issues and the consequences of environmental
degradation.

Conducting research: NGOs conduct scientific research to

better understand ecosystems and inform their conservation
efforts.

Working with communities: NGOs collaborate with local

communities to develop environmental solutions tailored to local
needs.

Promoting sustainable practices: NGOs promote sustainable

practices in industries like agriculture, energy, and
International Environmental Agreements
and India
⚫The Stockholm Conference on Human Environment
in 1972 is recognised as part of customary
international law. The Supreme Court of India has
emphasized that the idea of Sustainable
Development established in the Stockholm
Conference has raised environmental
consciousness.
⚫The Rio De Janeiro Declaration established the
principle that current generation should not misuse
non-renewable resources to deprive future
generations of their benefits.
⚫The Supreme Court of India embraced the
principles of the Precautionary Principle, the
Challenges in Implementing Environmental
Laws
Poor coordination: There may be poor
coordination between government agencies, or
between the environmental agency and other
agencies.

Political interference: Politicians may interfere

with the process of evaluating projects.

Insufficient funding: There may not be enough

funding for environmental priorities.

Invisible problems: Many environmental

 Landmark Judgments
⚫Case: M C Mehta v. Union of India (1986)
⚫Also known as Oleum Gas Leak Case, The Supreme Court
established the principle of ‘absolute liability’ on the
establishments using hazardous substances in their
factories and held that they will be responsible whether the
harm is caused due to their negligence or not.
⚫Case: Subhash Kumar v/s State of Bihar (1991)
This case pertained to the discharge of slurry and sewage
in water bodies by TISCO and West Bokaro Collieries in
Bihar. The Supreme Court interpreted Article 21 of the
Indian Constitution to hold that right to life includes right
to healthy environment.
⚫Case: Vellore Citizens Welfare Forum v. Union of India
(1996) The Supreme Court in this case of pollution of Palar
River caused by tanneries in Tamil Nadu held that Polluter
Pays Principle and Precautionary Principles must be
 Future of Environment Protection in
India
Climate change
India aims to reach net-zero greenhouse gas emissions by
2070. The country's ability to do so will depend on how
much it reduces its domestic coal production.

Other Steps
● Reducing, reusing, and recycling
● Volunteering for cleanups
● Conserving water by fixing leaks, reducing water usage
● Choosing sustainable options
● Shopping wisely by using natural products
● Using long-lasting energy efficient light bulbs
● Planting a tree and taking care of it
Taking steps to protect the environment is not just a
responsibility, it is a personal mission that we all share. When
we take simple steps to protect the environment, we will not
only improve the health of the planet but also improve our own
well-being.

THANK YOU

Presented by:
1) Namrata Gawde (Roll No.21)
2) Harshali Gharat (Roll No.22)
3) Rajiv Ghare (Roll No.23)
4) Gudiya Giri (Roll No.24)
5) Smith Gonsalves (Roll No.25)