Environmental law is an integral part of any government agency.

It includes
a series of laws and regulations related to water quality, air quality, and
other environmental aspects. The success of environmental legislation mainly
depends on how they are implemented. Legislation is also a valuable tool to
educate people about their responsibility to maintain a healthy environment.
Environmental law in India is based on principles of environmental law and
focuses on the management of certain natural resources such as minerals,
forests, and fisheries. Environmental law in India directly reflects the
provisions of the Constitution. The need to protect and maintain the
environment and make sustainable use of natural resources is reflected in
India’s constitutional framework and India’s international obligations.

However, after so many initiatives in the field of environmental law to set up

sustainability, India’s growing economy still lacks to deal with environmental
issues. Moreover, Indian regulators are trying to revise its existing
environmental rules and acts, which may result in more stringent company
requirements. But, these initiatives will not work if we as a society don’t
focus on them. People’s awareness plays a significant role in such policy
development, which is why we need to come together to work on these
major issues. Government and non-government organisations need to work
together to solve environmental issues, and there should be a stricter policy
regarding environmental legislation.

What is environmental legislation

Environmental legislation is a collection of laws and regulations related to
water quality, air quality, endangered wildlife, and several other
environmental factors. Environmental legislation covers many laws and
regulations, but they all work towards a common goal of regulating human-
nature interactions to reduce threats to the environment and improve public
health. As we can imagine, environmental legislation is broad, mainly
because the natural environment encompasses several aspects. All this
means that environmental law must take into account everything from the
air we breathe, to the natural resources we depend on, to the flora and fauna
that share this world with us.

After so much interconnection with each other, it becomes important for us

to understand environmental legislation because we all share the same
resources.

Climate change in India

If we take the example of India, then it is one of the countries most affected
by climate change. About half of India’s population depends on agriculture or
other climate-sensitive sectors. About 12% of India is prone to floods and
16% to droughts. India is now the world’s third-largest emitter of
greenhouse gases after China and the United States. From 1990 to 2009,
India’s annual emissions nearly tripled, from less than 600 tons to more than
1,700 tons. From 2008 to 2035, India’s annual carbon emissions are
expected to increase nearly 2.5 times. Net greenhouse gas emissions from
India’s land use, change, and forestry in 2007 was 1,727.71 million tons of
carbon dioxide. While the energy sector accounts for 8% of net CO2
emissions, the industrial sector, agriculture, and waste sectors account for
22%, 17%, and 3% of net CO2 emissions, respectively. As a result, climate
change and energy are now the focus of local, state, and national concerns
around the world. While India has previously emphasised that it is a
developing country with historically low per capita emissions rates and is not
responsible for past greenhouse gas emissions, India has now become a key
player in international negotiations. It has begun implementing a diverse set
of laws, improving energy efficiency, developing clean energy and preparing
for the impacts of climate change nationally and individually.
On the other hand, India is considered to be a land of spirituality and
philosophy and is also the land of rivers as it has 14 major rivers, 44 medium
rivers, and 55 minor rivers. From the Ganges in the north to Kaveri in the
south, the waterways are considered sacred by most devout Hindu pilgrims,
as religious texts say the Ganges can purify the sins of the bathers. It is said
that the sight of Narmada is enough to purify the waters. However, India’s
rivers are increasingly becoming dumping grounds for domestic, industrial,
and agricultural waste. A polluted environment threatens human existence
on earth, thereby endangering human beings. A country’s borders cannot
limit these environmental issues to a specific country or region, but their
impact is global. This massive environmental degradation has drawn global
attention to protecting and preserving the earth’s environment.

Therefore, efforts are being made to inculcate environmental awareness

among the masses. Education makes people more aware of the environment
and environmental issues. Existing policies, laws, precedents, regulations,
norms, decisions, etc., already constitute a large and complicated apparatus
of documents and powers conferred on specific institutions or persons.
However, the current laws also seem unable to solve the problem and that
more may be needed, the question inevitably arises as to how much
resources, wealth, energy, and intelligence India should devote to this
regulation and control task.

Need for environment legislation

The genesis of various national legislations lies in environmental issues.
There should be effective legislation to protect the environment; otherwise,
the growing population will create havoc and will destroy the environment.
Another important aspect is the enforcement of these laws. We must
vigorously and effectively enforce the law to protect our environment from
further degradation and pollution. Pollution is an important factor, ignoring
political territory and legislative jurisdiction. Therefore, environmental
problems are global in nature. To prevent such problems, it is not only
necessary to enact environmental laws at the national level but also the
international level.

While modern society is increasingly concerned about global environmental

issues, developing countries also have their complex, severe, and rapidly
growing pollution problems. The potent combination of industrialization
development and mass consumption trends is exacerbated by foreign
companies operating with little regard for the impact on the local
environment. Pollution is not just a health issue; it is a broader social issue,
as pollution has the potential to destroy families and communities. Pollution
issues are also closely related to the mode of development in developing
countries. Nonetheless, many developing countries either do not have
pollution control policies or do not have sufficient enforcement structures to
ensure that policies are effective.

The combination of rapid industrial development (especially petrochemical

and heavy industry), strong economic growth, and unprecedented urban
expansion have substantially increased pollutant emissions.

Purpose of environment legislation

The importance of environmental legislation is that environmental protection
cannot be achieved without appropriate regulations and laws. Raising
environmental awareness and promoting environmental education are the
means by which people do not destroy the environment but protect it for the
future. However, it is the legislation that ensures that environmental
protection is actually implemented in everyday life. Legislation requires
businesses, companies, the public, industries, etc., to protect the
environment and prevent environmental degradation. It provides severe
penalties for those who do not abide by the laws and rules. Ultimately, this
type of enforcement ensures that ideas and plans are turned into practical
efforts to protect the environment. At the international level, several
environmental treaties and conventions attempt to address environmental
issues. With the Stockholm Conference on the Human Environment (1972),
the United Nations began to emphasize environmental aspects. Since then,
several nations have adopted seventy international treaties, declarations,
charters, agreements, and so on. These efforts were made to safeguard the
environment and balance human development with environmental
conservation.

Laws related to environment in India

At the national level, some remarkable efforts have been made to improve
and protect the environment by incorporating Amendments into the Indian
Constitution. Our Constitution initially did not directly provide for the
protection of the natural environment. However, following the United Nations
Conference on the Human Environment in Stockholm in 1972, the Indian
Constitution was amended to include environmental protection as a
constitutional mandate. The 42nd Amendment clause (g) of Article 51A of the
Constitution of India states that protecting and improving the natural
environment is a fundamental duty. Every citizen of India has a duty to
protect and improve the natural environment, including lakes, forests,
wildlife, and rivers, and to be sympathetic to living things. A policy or
directive is empowering the state as one of the Directive Principles of State
Policy sets out to protect and improve the environment.

Article 48A stipulates: The state strives to protect and improve the
environment and secure the country’s forests and wild animals. The Ministry
of Environment was established in India in 1980 to ensure a healthy
environment in the country. Later, this became the Ministry of Environment
and Forests in 1985. The Ministry has overall responsibility for the
management and enforcement of environmental legislation and policies.
Constitutional provisions are backed by a series of laws – Acts and Rules.
Most of our environmental laws are Acts of Parliament or State Legislatures.
These Acts generally give regulators the power to make regulations to
enforce them. The Environmental Protection Act (EPA) of 1986 came into
effect shortly after the Bhopal Gas tragedy and is considered protective
legislation because it filled many gaps in existing legislation.

Since then, a significant number of environmental law has been enacted to

deal with specific environmental issues. In Delhi, for example, CNG was
recently mandated for public transport vehicles. This reduces air pollution in
Delhi.

Environment laws in India

There are so many environmental laws in force in India, and some are as
follows: –

The Public Liability Insurance Act and Rules 1991

and Amendment, 1992
The Public Liability Insurance Act and Rules, 1991 and
Amendment, 1992 were introduced to provide public liability insurance to
persons in accidents impacted unintentionally while taking care of any
perilous substance.
The National Environmental Tribunal Act, 1995,
Amendment, 2010
The Act seeks to provide compensation for damages to persons, property
damage, and environmental damages caused by activities involving
hazardous substances. The three main goals are:

• Efficiently and expeditiously handle cases related to environmental

protection and protection of forests and other natural resources. All
previously pending cases are also being heard by the Tribunal.
• It aims to enforce all legal rights related to the environment.
• It also accounts for providing compensation and relief to the people
who are affected by the damage.
The salient features of the Amendment are as follows:

• The Amendment provides every citizen of India the same

opportunity to apply to the National Green Court.
• Ensure that the principles of sustainable development, the
precautionary principle, the polluter pays principle, and
intergenerational equity are taken into account by courts in hearing
appeals and delivering judgments.

The National Environment Appellate Authority

Act, 1997
The National Environmental Appellate Authority Act, 1997 was created to
hear appeals related to restrictions of areas in which classes of industry, etc.,
are prescribed certain safeguards under the Environmental Protection Act.

The Biomedical Waste (Management and

Handling) Rules, 1998
Biomedical waste refers to any waste, including the categories listed in the
Rules, generated during the diagnosis, treatment, or immunisation of
humans or animals, related research activities, or the production or testing of
biological waste. The Biomedical Waste (Management and Handling) Rules,
1998 simplify the process of handling hospital waste, such as a disposal,
collection, and sorting.
The Environment (Siting for Industrial Projects)
Rules, 1999
The Environment (Siting for Industrial Projects) Rules, 1999 set out detailed
provisions on the areas to be avoided for the establishment of industrial
plants, the precautions to be taken in site selection, and the environmental
protection aspects to be considered while implementing industrial
development projects.

The Municipal Solid Wastes (Management and

Handling) Rules, 2000
These Rules apply to each municipal authority. They must ensure that solid
waste generated by the city/municipality is handled in accordance with rules
and regulations for collection, separation, storage, transportation,
processing, and disposal.

The Batteries (Management and Handling) Rules,

2001
The Central Government considers battery waste management more
important than battery production, so the Ministry of Environment and
Forests (MoEF) has notified the final rule regulating the collection and
recycling of all used lead-acid batteries in India, called The Batteries
(Management and Handling) Rules, 2001, on 16 May 2001. The Act applies
to battery management under the Environment (Protection) Act 1986 and
extends throughout India. As the issue of battery waste disposal has become
a global issue, it is only the right step for India to prevent it from damaging
our air, water, or soil.

The Noise Pollution (Regulation and Control)

(Amendment) Rules, 2010
These rules stipulate the necessary conditions to reduce noise pollution and
allow the use of loudspeakers or public address systems during cultural or
religious celebrations at night (between 10:00 p.m. and midnight).

Here are the key features of the Amendment:

 • Loudspeakers, sound systems, or amplifiers should not be used at
night except in enclosed spaces such as auditoriums, meeting
rooms, community halls, banquet halls, etc., or during public
emergencies.
• Noise levels at public spaces where loudspeakers or public address
systems are being used should not exceed 10 dB or 75 dB of the
area’s ambient noise standard, whichever is less.
• No horn should be used in the residential area except during an
emergency.
• Sound emitting construction equipment will not be used at night.

The Air (prevention and control of pollution) Act,

1981
The Act aims to control and prevent air pollution in India, and some of its
main objectives are:

• Prevent, control, and reduce air pollution.

• To provide for the establishment of boards to enforce the law at the
federal and state levels. Central Pollution Control Board (CPCB) and
State Pollution Control Board (SPCB) were given the responsibility.
It is stipulated that air pollution sources such as internal combustion engines,
industries, vehicles, and power plants shall not contain particulate matter,
lead, carbon monoxide, sulfur dioxide, nitrogen oxides, or volatile organic
compounds (VOCs) or other toxic substances exceeding specified limits. It
empowers state governments to designate air pollution areas.

Scheduled Tribes and Other Traditional Forest

Dwellers (Recognition of Forest Rights) Act, 2006
(FRA)
The Act recognizes and grants the forest rights and occupation in forest lands
to Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest
Dwellers (OTFDs) who have lived in such forests for generations. The Act is
chaired by the Department of Tribal Affairs. The law also stipulates the
responsibilities and powers for the sustainable use of FDST and OTFD, the
protection of biodiversity, and the maintenance of ecological balance. It
strengthens forest protection systems while ensuring livelihoods and food
security for FDST and OTFD. It aims to correct the colonial injustice of the
FDST and OTFD, which are critical to the survival and sustainability of forest
ecosystems. The law identifies four types of rights:

• Title rights: It gives the FDST and OTFD the right to own land
cultivated by tribes or forest dwellers up to a maximum area of 4
hectares. Ownership only applies to the land cultivated by the
relevant family and does not grant new land.
• Right to use: Dweller rights extend to the extraction of smaller
forest products, pastures, pasture paths, etc.
• Forest management rights: It includes the right to protect,
regenerate, conserve or manage all community forest resources that
traditionally protect them and preserve them for sustainable use.
• Relief and development rights: Rehabilitation in case of illegal
eviction or relocation and essential amenities are subject to
restrictions for forest protection.

The Forest (Conservation) Act, 1980

Forests are an essential resource endowed by nature to human beings.
Therefore, protecting the forest ecosystem is the responsibility of every
citizen. But rapid deforestation disrupts the cycle of nature itself. Therefore,
it is necessary to enact laws to protect forests. The main objective of
the Act is to protect forests and their flora, fauna, and other diverse
ecological components while preserving the integrity and territory of the
forests. Furthermore, forest land is prevented from being converted for
agricultural, grazing, or other commercial uses and intentions.

The Wildlife Protection Act, 1972

The Act protects the nation’s wildlife, bird and plant species to ensure
environmental safety. Among other things, the law imposes restrictions on
hunting many animal species. The law was last amended in 2006. An
Amendment was submitted to the Rajya Sabha in 2013 and referred to the
Standing Committee but was withdrawn in 2015.

In India, the Wildlife (Protection) Act 1972 safeguards and protects wild
animals. The law is a product of a time when environmental jurisprudence is
rapidly developing in India and deserves due credit for judicial activism. The
enactment of this law acknowledges that all previous laws, such as the Wild
Birds and Animals Protection Act of 1912 were inadequate. The current law is
comprehensive and covers mostly all the gaps that existed in the previous
law.
However, there are still substantial gaps in the applicable law. There is a
vacuum between theoretical laws and practical implementation. In addition,
the aim of the law is diluted by bureaucratic interference.

The Water (Prevention and Control of Pollution)

Act, 1974
The Water (Prevention and Control of Pollution) Act, 1974 was enacted to
prevent and control water pollution and maintain or restore water health in
the country. The law was amended in 1988. The Water (Prevention and
Control of Pollution) Cess Act was enacted in 1977 to provide for the levy of
taxes on water used by persons engaged in certain types of industrial
activities. Under the Act, it was levied to augment the resources of the
Central and State Commissions to prevent and control water pollution. The
law was last amended in 2003.

The purpose of enacting the Water Act is to prevent and control water
pollution in India. Pollution means the contamination of water, or the
alteration of the physical, chemical, or biological properties of water, or the
discharge of sewage or commercial sewage or other liquids, gases, and solids
(whether directly or indirectly) into the water, or as apposite to cause a
nuisance or harmful to public health or safety or domestic, commercial,
industrial, agricultural or other lawful uses or the life and health of an animal
or plant or aquatic tissue.

Water pollution is a big problem in India, and its control and prevention are
other big problems. So far, we have not been able to raise awareness of the
importance of water conservation. The law, of course, provides for various
authorities that will work to prevent this; the law provides various complaints
procedures and the powers of various agencies. However, more work needs
to be done to make the law more comprehensive, involve more local people,
and make it a strong deterrent with heavier penalties. Most importantly,
more emphasis should be placed on the enforcement aspect, as pollution can
not only be controlled through legislation but also must be adequately
enforced.

The Ozone-Depleting Substances (Regulation

And Control) Rules, 2000
The Ozone-Depleting Substances (Regulation And Control) Rules, 2000 sets
deadlines for phasing out various ozone-depleting substances (ODS) and
regulating the production, commercial import, and export of products
containing ODS. These regulations prohibit the use of ODS and
Chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and methyl
chloroform, except for metered-dose inhalers and other medical uses.

Coastal Regulation Zone Notification, 2018

It was notified on the recommendation of the Shailesh Nayak Committee.
This regulation promotes sustainable development and also focuses on
natural disasters such as sea-level rise due to global warming and promotes
sustainable development. It also protects and preserves biodiversity while
ensuring the livelihoods of local communities, including fishermen.

Coastal Regulation Zone (CRZ) is divided into four regulatory zones:

• CRZ I – Ecologically sensitive areas such as mangroves, salt

marshes, coral reefs, turtle nesting sites, and inter-tidal zones.
• CRZ II- Areas close to the shoreline and which have evolved.
• CRZ III- Coastal which are not substantially built up, comprising
rural coastal areas.
• CRZ IV- Water area via Low Tide Line to the limit of provincial
waters of India.

The Energy Conservation Act, 2001

The Energy Conservation Act, 2001 was ratified as a step toward revamping
energy efficiency and reducing waste. It deals with energy consumption
standards for equipment and appliances. Furthermore, it deals explicitly with
the matter of energy consumption norms and other necessary standards for
consumers. The growing population of India and the consequent increase in
energy consumption have led to the depletion of natural resources, which
once disappeared cannot be reborn in the same state. To challenge this
reality, the Indian Government in 2001 considered enacting the Energy
Conservation Act to regulate energy consumption and conservation in India.
The law authorizes the Central Government to issue energy-saving
certificates to consumers whose energy consumption is lower than the
prescribed norms and standards. Consumers whose energy consumption
exceeds the prescribed norms and standards shall be entitled to purchase the
energy savings certificate to meet the prescribed norms and standards. The
Act requires large energy consumers to comply with energy consumption
standards, new buildings to comply with Energy Conservation Building Code,
and equipment to meet energy performance standards and display energy
consumption labels.
It suggests energy conservation building codes for commercial buildings.
The Bureau of Energy Efficiency (BEE) is a statutory body set up under the
Act.

The Government of India established the Bureau of Energy Efficiency on 1st

March 2002, in accordance with the provisions of the 2001 Energy
Conservation Law. The mandate of the Office of Energy Efficiency is to assist
in the development of policies and strategies, focusing on self-regulation and
market principles within the general framework of the Energy Conservation
Act, 2001, with the primary objective of reducing the energy intensity of the
Indian economy.

The mission of BEE is to develop policies and strategies emphasising self-

regulation and market principles within the general framework of the Energy
Conservation Act, 2001, with the primary purpose of promoting energy-
saving measures, thereby reducing the unit energy intensity (i.e., energy
consumption) of products in the Indian economy/ services, practices and
procedures).

The Biological Diversity Act, 2002

The Biological Diversity Act, 2002 was enacted to give effect to the
Convention on Biological Diversity (CBD), to check biopiracy and protect
biological diversity and local growers with the help of a three-tier structure
made by central and state boards and local committees, and to set up State
Biodiversity Boards (SBBS), Biodiversity Management Committees (BMCS),
and National Biodiversity Authority (NBA).

The Act is generally designed to protect biodiversity, to protect and control

the appropriate use of its components, and to ensure equitable distribution of
the benefits of such use. The stated goals of the law are to protect traditional
knowledge, prevent biopiracy, prohibit people from applying for patents
without government permission, and more. Chapter IX of this Act describes
various aspects of biodiversity conservation objectives, in particular
Sections 36, 37 and 38 which relate to the development of national plans and
programmes for the conservation of biodiversity, state notification and
conservation of biological diversity areas, and with the authority of the
central government to notify species that are dangerously endangered, on
the verge of extinction, endangered species, prohibit collection, etc. While
the sustainable use of its components suggests regulation of the use of
natural resources rather than consumption.

Article 21 of the Act provides for benefit sharing. It aims to ensure that the
benefits derived from the available biological resources, their by-products,
knowledge and related practices are equitably shared between the person
applying for acquiring such benefits and the local bodies involved.
The National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010 was established to provide judicial and
administrative remedies for victims of pollution and other environmental
damage. The National Green Tribunal (NGT) was established in 2010, which
is a specialised judicial body with expertise dedicated to adjudicating
environmental cases in the country. Given that most environmental cases
involve multidisciplinary issues and are best dealt with in dedicated forums,
the Tribunal was established on the advice of the Supreme Court, Law
Commission and India’s international law obligations to formulate and
effectively implement national environmental laws. The task of the Tribunal is
to find effective and prompt remedies in cases relating to environmental
protection, the protection of forests and other natural resources, and the
enforcement of all environmental legal claims. The Tribunal’s order is binding
and has the power to provide relief to those affected in the form of
compensation and damages.

It also agrees with Article 21 of the Constitution, which is the right of citizens
to a healthy environment. The National Green Tribunal must resolve cases
brought to it within six months of its appointment. NGT is primarily
responsible for matters related to major environmental issues.

But advantageously, because of the National Green Tribunals, which

encourages lawyers to specialize in environmental law, the Tribunal is seen
as an important aspect of achieving justice in environmental matters. A time
will come when our environment will receive the greatest attention from the
laws pertaining to it.

The Wildlife (Protection) Act, 1972

The Act provides for the protection of wild animals, plants, and birds. It
straddles the whole of India. It has six schedules that give different levels of
protection:

Schedule I and part II provide absolute protection, and offences under these
will be subject to the highest penalties. Species listed in Schedule III and IV
are also protected but with much lower penalties.

Animals that come under Schedule V, such as common crows, fruit bats,
mice, and rats, are legally considered pests and can be hunted freely.

The endemic plants listed in Schedule VI shall not be cultivated.

The Wildlife (Protection) Amendment Bill, 2021

The Wild Life (Protection) Amendment Bill, 2021 was introduced in Lok Sabha
by the Ministry of Environment, Forest and Climate Change. The Bill aims to
increase the number of species protected under the law and implement the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES).

Some of the key areas the Bill focuses on:-

• Standing Committees of State Boards of Wildlife: This Bill proposes

the creation of a Standing Committees of State Boards of Wildlife.
These Committees will operate like the National Board for Wildlife
(NBWL). It can make decisions about wildlife management and
project licensing without having to refer most projects to NBWL.
• Rationalisation of Schedules for Wildlife: The Bill simplifies
Schedules for Wildlife under the Act, bringing it down from 6 to 4
major Schedules.
• Wildlife Management Plans: The Bill states that the Wildlife
Management Plans, which are prepared for national parks across the
country, are now part of the Wildlife Act. The Chief Wildlife Warden
must also approve them of the state. This ensures stricter
protection of these protected areas. Previously, the plans were
approved by executive order.

Landmark cases on environment

legislation in India

J.C. Galstaun v. Dunia Lal Seal (1905)

This is the first environmental pollution incident reported in India. In this
case, the plaintiff sued the defendant’s adjacent factory for discharging waste
liquid from its manufacturing process into a municipal drain that passed
through the plaintiff’s garden. He claimed that the liquid had an unpleasant
smell and was harmful to the health of nearby residents, especially his own,
and secondly, it damaged his health, comfort, and the market value of his
garden property. The defendant admitted to foul-smelling his liquid waste but
denied that it was harmful or would damage the plaintiff’s property. He said
his factory was licensed by the government and produced legally. The
judgment was later appealed to the Calcutta High Court.

The High Court rejected the above argument and came to the conclusion that
the defendant is accountable for such harm and had no such right to
discharge any kind of liquid into the municipal drain. Due to such actions, the
damage has actually been caused to the plaintiff. Therefore, he is entitled to
substantial damages.
Rural Litigation And Entitlement Kendra,
Dehradun v. State of U.P. & Ors. (1985)
In this case, the plaintiff NGO wrote a letter to the SC stating that illegal
limestone mining in the Mussoorie-Dehradun area is destroying the region’s
fragile ecosystem. The Court treated the letter as a writ petition and heard
the parties.

The Court issued a detailed Order giving various directions, noting that the
reasons for the order would be set out in subsequent judgments. The Court
stressed that industrial development is a necessary condition for the
country’s economic growth. However, when people try to achieve industrial
growth through random and reckless mine operations, resulting in loss of
property, loss of life, loss of basic infrastructure such as water supply, and
the creation of ecological imbalances, there may ultimately be no real
economic growth and no real prosperity. It was important to find an
appropriate balance. When giving leases, authorities must consider all these
facts and provide adequate safeguards.

M.C. Mehta & Another vs. Union of India &

Others & Shriram Foods & Fertilizer Industries &
Another v. Union of India & Others (1987)
M.C. Mehta filed a writ petition under Articles 21 and 32 of the Constitution.
He demanded the closure of Shriram Food and Fertilizer as it manufactures
hazardous substances and is located in the densely populated area of Kirti
Nagar. While the petition was pending, there was a leakage of oleum gas
from one of its units, which killed many people, thus, affecting the health of
several others. The incident occurred a few months before the Environment
(Protection) Act came into force and became the driving force behind such an
effective law.

In the Judgment, Chief Justice Bhagwati mentioned that all these chemical
industries are dangerous, but they cannot be removed from the country
because they improve the quality of life. As dangerous as these industries
are, they need to be set up as they provide many supplies, as in this case
the factories supply chlorine gas to the Delhi Water Company to maintain
clean drinking water. These industries are important for the country’s
economic growth. The case is a landmark verdict as it is the first time in
Indian history that a company is liable for damages. The Supreme Court
defended the environment and public rights in this case because it
considered ll legal and social and economic factors.
M.C. Mehta v. Union of India (1997)
The Taj Mahal case, commonly known as the Taj Trapezium case, was fought
by M.C. Mehta and the Union of India. In 1984, Mehta visited the Taj Mahal
and noticed that the white marble of the Taj Mahal was turning yellow. To
find out, he filed a petition in the Supreme Court. The petitioner stated that
pollution is the main cause of the Taj Mahal’s white marble turning yellow.
Emissions of harmful gases such as sulfur dioxide and oxygen become acid
rain. The rain damaged the monument and turned the marble yellow.
Therefore, the petitioner requested the protection of the monument. The
Supreme Court found that, in addition to chemicals, socioeconomic factors
also affected the mining of the Taj Mahal. People living in trapeze zones are
at risk of air pollution. Court ordered that 292 industries operate on safer
fuels like propane instead of coke/coal; otherwise, they would have to
relocate.

The Gas Authority of India Limited was in charge of applications of gas. The
Court also granted certain fundamental rights to industry workers and
demanded payment of their wages during relocation.

M.C. Mehta v. Union of India (1988)

In the case of M.C. Mehta v. Union of India (1988), a writ petition had been
filed in the Supreme Court to prevent leather tanneries from dumping
household and industrial waste in the river Ganga. He asked the court to stop
sewage discharge into the river until a certain treatment plan has been
incorporated to curb water pollution.

The Court held that polluted water can cause various water-borne diseases
and is extremely harmful to the public. As for whose responsibility, the Court
ruled that it was the industry’s responsibility to ensure the waste was
properly handled and subsequently released. Mahapalika was also held
accountable for failing to perform its duties and for failing to act to prevent
water pollution, according to the Court. It ordered Mahapalika to take
immediate action in this regard.

The Court also ordered the federal government to make publications freely
available to the general public to raise awareness of environmental issues. It
went on to say that the decision will apply to all Mahaparikas who have
jurisdiction over the Ganga.

The decision is still considered one of the most important in our country’s
environmental law. The decision involves some new scenarios and
interpretations of legislation and fundamental rights.
Subhash Kumar v. State of Bihar (1991)
In the case of Subhash Kumar v. State of Bihar (1991), petitioners had filed
a public interest lawsuit against two steel companies, alleging that they
dumped plant waste into the nearby Bokaro River, posing a health risk to the
public. The petitioner also claimed that the State Environmental Protection
Agency did not take appropriate measures to prevent such pollution. As part
of their lawsuit, they asked the Court to bring legal action against the
company under the Water (Pollution Prevention and Control) Act 1974 and
sought permission to self-assess waste in the form of sludge and manure
collected as interim relief. The State Pollution and Control Board claimed that
it adequately monitored the quality of sewage entering the river; the
defendant companies claimed they followed the Board’s instructions
concerning the prevention of pollution.

The Court found that the Board had taken effective steps to prevent the
waste discharge from the factories into the river and dismissed the lawsuit.
In addition, it has been determined that the petition does not qualify as a
public interest lawsuit because of the petitioner’s interest in obtaining larger
quantities of waste in the form of slurry from one of the defendant
companies from which he began to purchase slurry several years prior to the
petition.

M.C. Mehta v. Kamal Nath & Ors. (1996)

In the case of M.C. Mehta v. Kamal Nath & Ors. (1996), the issue started
when the Indian Express published an article reporting that a private
company- Span Motels Private Ltd., had launched a project called Span Club.
The article caught the attention of the Supreme Court. The company owner
had direct contact with the family of former Minister of Environment and
Forests, Kamal Nath. By the time Kamal Nath was a minister in 1994, Span
Motels had occupied 27.12 acres of land, including forest land. The motel
used bulldozers to change the course of the river Beas and divert the river’s
flow. The river was diverted to protect the motel from future flooding. The
question raised was whether the construction activities carried out by the
motel company were reasonable.

However, the Supreme Court ruled that the state’s forest lands leased to the
motel were on the banks of river Beas. The area is ecologically fragile and
should not be turned into private property. This case applies the principle of
public trust, which stipulates that the public cannot use rivers, coasts,
forests, air, and other properties. The motel was ordered to pay damages
and erect a wall no more than 4 metres apart. The Court also banned the
motel from discharging untreated effluent into the river and asked the HP
Pollution Commission to keep a check on it.
Samir Mehta v. Union of India (2017)
In the case of Samir Mehta v. Union of India (2017), an environmentalist
filed a claim for damages from the sinking of a ship named M.V. Rak,
carrying large quantities of coal, fuel oil, and diesel. When the ship sank on
Mumbai’s southern coast, a thick layer of oil formed on the sea surface,
causing major damage to mangroves and marine ecosystems.

The Court ruled that the sinking of the ship was due to the negligence of the
defendants and ordered defendants number 5, 7, and 11 to pay Rs 100
crores to the Ministry of Shipping, Government of India (GOI), which is till
now one of the largest sums paid by a private entity for environmental
damage caused.

It remains the largest compensation payment to the government by a private

entity.

A global perspective on environment laws

United Nations Conference on the Human

Environment, Stockholm, 1972
The United Nations Conference on the Environment, held in Stockholm in
1972, was the first world conference to focus on environmental issues.
Participants adopted many principles for sound environmental management,
including the Stockholm Declaration and the Action Plan for the Human
Environment, as well as various resolutions. The Stockholm Declaration,
containing 26 principles, brought environmental issues to the forefront of
international attention, marking the beginning of a dialogue between
developed and developing countries about the links between economic
growth, air, water, and ocean pollution, and the well-being of people across
the world.

World Conservation Strategy: Living Resource

Conservation for Sustainable Development, 1980
The World Conservation Strategy, 1980 was the first international document
on the conservation of biological resources developed with the participation
of governments, NGOs, and other experts. The Report argues that for the
development of sustainability, it should support rather than hinder
conservation. Its underlying principles are the conservation of ecological
processes and life support systems, the conservation of genetic diversity,
and the sustainable use of species and ecosystems, and are aimed at political
decision-makers, conservationists, and development practitioners. It
highlights priority conservation issues and ways to address them to achieve
this strategic objective.

Brundtland Report, Our Common Future, 1987

The Brundtland Report stated that serious global environmental problems are
mainly caused by extreme poverty in the South and unsustainable
consumption and production patterns in the North. It called for a strategy
that integrates development and the environment. The main focus of the
report is on sustainable development. It defines sustainable development as
meeting the present’s needs without compromising future generations’ ability
to meet their own needs. In 1989, the report was debated at the United
Nations General Assembly, which decided to organize a United Nations
Conference on Environment and Development.

United Nations Conference on Environment and

Development (UNCED), The Earth Summit, Rio
de Janeiro, 1992
The Rio de Janeiro conference emphasizes how different social, economic,
and environmental factors are interdependent and co-evolving and how
success in one sector requires actions in other sectors to be sustained over
the period. The main goal of the Rio Earth Summit is to develop a broad
agenda and a new blueprint for international action on environment and
development issues that would help cicerone international cooperation and
development policy in the 21st century.

Earth Summit +5, United Nations General

Assembly, New York, 1997
The Commission Sustainable Development (CSD) was established to monitor
and report on the implementation of the Earth Summit Agreement and
agreed to a five-year review of Earth Summit progress at the 1997 UN
special session. This special session of the UN General Assembly assessed
the responses of countries, international organizations, and sectors of civil
society to the Earth Summit challenge.

World Summit on Sustainable Development,

Johannesburg, 2002
The World Summit on Sustainable Development, held in Johannesburg in
2002, adopted a Political Declaration and Implementation Plan that contained
provisions for various activities and measures to achieve development that
respects the environment. The Summit was attended by more than 100
heads of state and government, as well as tens of thousands of government
representatives and NGOs. After several days of deliberation, decisions were
made on issues such as water, energy, sanitation, agriculture, and
biodiversity.

Conclusion
In India, the disquiet for environmental protection has not only risen to
become the country’s fundamental law but is also linked to the human rights
policy, and it is now widely believed that the basic human right of everyone
is to live in a pollution-free environment. A friendly environment is full of
human dignity. It is time for the public, the public institutions, states, and
Central Government to recognize the damage our development process is
doing to the environment. Strict enforcement is also required. Laws are a
powerful medium for enforcing citizens to observe cleanliness and thus fight
pollution. Environmental protection laws in India need to be repositioned in a
modern context.

However, it is important to understand that such enactment is not enough

until a positive attitude on the part of everyone in society will be seen.