ENVIRONMENTAL LAW

HISTORY OF ENVIRONMENTAL PROTECTION IN INDIA

https://www.scribd.com/document/237912264/History-of-Environmental-Protection-in-India

EXPLAIN THE ROLE OF JUDICIARY IN ENVIRONMENT PROTECTION

Role of Judiciary in Environmental Protection - Legal Desire Media and Insights

History of Environmental Protection in India (write full answer)

or

Explain ancient Indian environmental ethics. ( write only upto) completion of ancient india

The history of environmental protection in India is a long and rich saga that reflects the evolving
relationship between humans and nature across centuries.

This journey can be broadly classified into four phases:

1. The ancient period

2. The medieval period
3. The modern period (british colonial period)
4. Post independence period

the ancient period, which emphasizes ethical, spiritual, and cultural reverence for nature;

the medieval period, shaped by administrative practices and aesthetic sensibilities; and

the modern period, covering both colonial and post-independence eras, marked by scientific, legal, and
policy-driven approaches.

Environmental Protection in Ancient India

 Ancient Indian environmental ethics are rooted in a profound spiritual, cultural, and philosophical
reverence for nature. In this worldview, the natural world was not regarded as a mere resource to
exploit but was considered sacred and integral to life and spirituality. Environmental protection in
ancient India emerged from religious beliefs, social customs, legal frameworks, and practical
governance that emphasized balance, restraint, and harmony with the environment.
 India has always had a rich ancient tradition of protecting the environment, which in turn led its
people to worship and embrace nature in every possible form. Trees, rivers, animals, air, and land
held sacred value and were deeply embedded in religious practices and cultural life. Ancient
scriptures such as the Vedas, Upanishads, Puranas, Ramayana, Mahabharata, Arthashastra, and
 Manusmriti reflect environmental consciousness and the ethical imperative to live in ecological
balance.
 The Indus Valley Civilization (c. 2500 BCE), also known as the Harappan Civilization, offers one of
the earliest examples of environmental sensitivity. The people of this urban civilization
demonstrated advanced knowledge of sanitation, water conservation, and waste management
through features like public baths, planned drainage systems, and carefully designed urban layouts.
These practices reflected an early recognition of environmental hygiene, public health, and
sustainable living. However, scholars believe that overexploitation of resources, such as
deforestation for brick-making, declining rainfall, and soil erosion, may have contributed to the
civilization's eventual decline—highlighting the fragile link between ecological health and societal
survival.
 Following the Harappans, the Vedic period (c. 1500–500 BCE) emphasized cleanliness, simplicity,
and respect for natural forces. The Rigveda venerates rivers, trees, and animals as divine
manifestations of life and fertility. Rivers like the Saraswati and Ganga were worshiped as
goddesses, and their sanctity promoted practices akin to water conservation and pollution
avoidance. The Atharva Veda and Yajur Veda go further, prescribing ethical treatment of plants and
animals, with trees believed to be the abode of spirits and thus protected through cultural taboos
against felling.
 The principle of Ahimsa (non-violence), central to Indian philosophy, extended to all living beings
and formed the moral basis for environmental restraint. Manusmriti, considered the most
authoritative of the Dharma Shastras, recommends penance for harming medicinal plants, cutting
trees, or injuring animals. It upholds that no harm should be caused even in times of distress, a
principle that can be interpreted as an ancient code for ecological sustainability.
 In parallel, the Charaka Samhita (circa 900 BCE), a foundational Ayurvedic medical text, stressed the
importance of clean drinking water, air, and sanitation, reinforcing environmental awareness as
essential for public health and well-being.
 A key text that outlined formal environmental governance was the Arthashastra, attributed to
Kautilya (Chanakya). It prescribes a pragmatic approach to forest and wildlife management,
including the classification of forests, appointment of forest officials, and imposition of penalties for
illegal logging or poaching. Kautilya advocated for the creation of abhayāranya or abhayavana—
sanctuaries where animals and trees could exist without fear. These ideas mirror modern concepts
like wildlife sanctuaries and national parks. The Arthashastra also emphasized regulated grazing,
protection of agricultural lands, and public sanitation, demonstrating a holistic understanding of
environmental ethics and sustainability.
 Emperor Ashoka (c. 268–232 BCE) further advanced these values through his Dhamma, a moral
code rooted in compassion and non-violence. His edicts explicitly mention the protection of birds,
animals, and even insects, prohibit unnecessary slaughter, and encourage medical care for both
humans and animals. Ashoka’s policies marked a significant step toward state-supported ecological
ethics, emphasizing moral responsibility toward all living beings.
 Beyond texts and rulers, community-led environmental practices played a crucial role. Traditions
such as maintaining sacred groves, village commons, and water tanks exemplify local-level
environmental stewardship. These were protected through social customs and religious taboos,
effectively acting as decentralized models of conservation that preserved biodiversity and prevented
resource overuse.
 In summary, ancient Indian environmental ethics were based on a combination of spiritual
reverence, philosophical restraint, legal regulation, and community engagement. Though not
framed in modern scientific terminology, these traditions reflect a deep and enduring commitment
to ecological balance—an ethos that remains relevant even today.
ENVIRONMENTAL PROTECTION IN ANCIENT INDIA

In the Hindu theology forests, wildlife, trees were held to be in high esteem and given high respect. A
detailed description of trees, plants and wildlife and their importance to people was given in Vedas,
puranas and Upanishads.

VEDIC PERIOD

The Rig Veda highlighted the potentialities of nature in controlling the climate, increasing fertility and
improvement of human life emphasizing for intimate kinship with nature.

Atharva Veda considered trees as abode of various gods and goddesses.

Yajur Veda emphasized that relationship with nature and animals should not be that of dominion and
subjugation but of mutual respect and kindness.

HINDU LITERATURE - The Hindu society was conscious of adverse environmental effects caused by
deforestation and extinction of animal species. As the cutting of trees was prohibited during the Vedic
period and there was a penalty for cutting trees under Yajnavalkya Smriti. Many instructions for the use
and maintenance of water were given in Charak Samhita.

There also existed a relationship of mutual respect and kindness between Animals and humans. Ancient
Hindu Scriptures strictly prohibited the killing of birds and animals. In Yajur Veda it is said that no
person should kill animals, but being helpful to all and by serving them, should obtain happiness.

INDUS VALLEY CIVILIZATION - Environment protection has been an important facet of Hindu way of life,
the civilization of Mohenjodaro, Harappa lived in consonance with its ecosystem, small population
and their needs, maintained the harmony with environment.

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.

The Mauryan period was the most glorious chapter of the Indian History from environmental protection
point of view. It was in this period detailed and perspective legal provisions were found in Kautilya's
Arthashastra. The necessity of forest administration was realized, the state assumed functions of
maintenance of forest, regulation of forest produce and protection of wild life during the Mauryan
reign.

Environmental Protection in Medieval India

During the medieval period, particularly under the Mughal Empire, environmental protection adopted
new dimensions shaped by the rulers’ aesthetic and administrative priorities. From the point of view
of environment conservation, a significant contribution of Moghul emperors has been the
 establishment of magnificent gardens,
 fruit orchards and
 green parks round about their palaces,
 central and provincial headquarters,
 public places, on the banks of the rivers and valleys

PREVENTION OF POLLUTION

Among the officials empowered for administration of justice by the Sultans and emperors of India,
Muhtasibs' were vested with the duty of prevention of pollution.

 The role of the Muhtasib, a municipal official responsible for public order and sanitation, was critical
in maintaining environmental hygiene in towns and cities.
 Mughal authorities regulated waste disposal, prevented water pollution, and kept marketplaces and
streets clean.
 Emperor Aurangzeb issued specific instructions for maintaining cleanliness and controlling pollution,
reflecting a practical concern for public health and urban environment.

FOREST MANAGEMENT

Though the Moghul emperors were great lovers of nature they didn't make any attempts to conserve
forest. To the Moghul emperors the forests were just wooded lands where they could hunt.

However, forest management during this period was less conservation-oriented and more utilitarian.
Forests were primarily viewed as hunting grounds for royalty and sources of timber and fuel. The
Mughal administration did not establish comprehensive forest laws; instead, forest resources were
exploited for economic gain. Local communities often regulated forest access through customary laws,
but these were not formalized. The lack of state-backed conservation policies led to increased
deforestation, especially as agricultural expansion continued.

Environmental Protection During British Colonial Rule

The British colonial period marked a significant shift in India’s environmental landscape, driven largely by
imperial economic interests. The rapid industrialization and expansion of infrastructure railways, ports,
and cities—created unprecedented demand for timber and other natural resources. This led to
widespread deforestation, soil erosion, and biodiversity loss. In response, the British introduced
scientific forestry management and legal frameworks to regulate forest use.

The British Government started exercising control over forests in the year 1806

19TH CENTURY

 The appointment of forest conservators and

 the establishment of forest departments began in the early 19th century,
 culminating in the formalization of forest policy under Dietrich Brandis, the first Inspector General of
Forests in 1864.
 Brandis advocated sustainable yield practices, forest demarcation, fire control, and controlled
harvesting, laying the foundation for modern forestry in India.

On 19th October 1884, the British Govt. declared its first Forest Policy with the following objectives:

1. Promoting the general well being of the people in the country;

2. Preserving climatic and physical conditions in the country; and
3. Fulfilling the need of the people.

LEGISLATIONS ENACTED

1. The Forest Act of 1865, later revised in 1878 and 1927, codified the creation of reserved forests and
prohibited unauthorized activities.
2. The British also passed laws aimed at controlling industrial pollution, including the “Smoke Nuisance
Acts” of Bengal and Bombay,
3. and the Indian Penal Code contained sections on public health and sanitation.
4. Wildlife protection emerged with acts such as the Elephants Preservation Act (1879) and the
5. Wild Birds and Animals Protection Act (1912).

Environmental Protection in Post-Independence India

The post independence era witnessed a lot of changes in the policies and attitudes of the Governments
with respect to environmental protection. The Constitution of India came into force on 26th January
1950, had few provisions regarding environmental management.

Article 39(b), 47, 48, 49 – these articles aims to conserve natural resources and to protect the natural
environment.

After independence in 1947, India faced the challenge of balancing development with conservation.
Early efforts focused on forest conservation and pollution control, with policies like Van Mahotsava to
encourage tree planting and the National Forest Policy of 1952 promoting sustainable use.

India’s participation in global forums, such as the 1972 UN Conference on the Human Environment in
Stockholm, spurred more comprehensive environmental legislation.

1. The Wildlife (Protection) Act, 1972

2. The Water (Prevention and Control of Pollution) Act, 1974
3. The Forest (Conservation) Act, 1980
4. The Air (Prevention and Control of Pollution) Act, 1981
5. The Environment (Protection)1 Act, 1986
6. The Public Liability Insurance Act, 1991
7. The Biological Diversity Act, 20022
8. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
(Forest Rights Act)
9. The National Green Tribunal Act, 2010

PROJECTS – for conservation of specific endangered species

 1. Project elephant
2. Project tiger
3. Project crocodile
4. Project snow leopard

Policies

1. National Forest Policy, 1988

2. National Conservation Strategy and Policy Statement on Environment and Development, 1992
3. Policy Statement for Abatement of Pollution, 1992
4. National Environment Policy (NEP), 2006

Subsequent decades witnessed growing environmental awareness, judicial activism, and public
participation, making environmental protection a central aspect of India’s policy and governance.

What is ecosystem? Discuss the provisions of Kautilyan jurisprudence on protection of

ecosystem.

The word “ecosystem” was first used by ‘Tansley’

TANSLEY defined it as - The whole system, ... including not only the organism-complex, but also the
whole complex of physical factors forming what we call the environment."

“Eco” means ecology; “systems” are assemblages of parts forming a complex or utility whole.

An ecosystem is a community of living organisms (like plants, animals, and microbes) that interact with
each other and with their non-living environment (like air, water, soil, and sunlight) in a specific area.
These organisms may range from human beings to large animals to plants to microscopic bacteria.

The Biological Diversity Act, 2002, defines an "eco-system" in Section 2(ma) as:"a dynamic complex of
vegetable, animal and micro-organism communities and their non-living environment which interact as
a functional unit, including human beings."

Animal Welfare Board of India v. A. Nagaraja (2014) - This case concerned with the practice of Jallikattu
(bull-taming sport in Tamil Nadu). The Court ruled against cruelty to animals and held that animals have
a right to life and dignity under Article 21. Indirectly recognized animals as integral parts of the
ecosystem.

ECO SYSTEM SERVICES

Ecosystem Services are the direct and indirect benefits ecosystems offer to human wellbeing and
quality of life, including provisioning, regulating, cultural, and supporting services.

Ecosystem services examples include pollination by bees, water purification by wetlands, carbon
sequestration by forests, and more. Ecosystem services are essential for human well-being, economic
development, and maintaining biodiversity.
Kautilyan Jurisprudence on Protection of Ecosystem

Kautilya, also known as Chanakya or Vishnugupta, was an ancient Indian philosopher, strategist, and
statesman who served as the chief advisor to Emperor Chandragupta Maurya (circa 4th-3rd century
BCE). His treatise, the Arthashastra, is a comprehensive guide to statecraft, economics, and military
strategy. Remarkably, amidst discussions on warfare and revenue, the Arthashastra contains numerous
provisions that demonstrate a sophisticated understanding of environmental protection and sustainable
resource management, long before these terms became globally recognized.

Kautilyan jurisprudence on ecosystem protection was driven by a pragmatic understanding that a

healthy environment was essential for the prosperity, stability, and welfare of the state and its subjects.
It wasn't merely based on religious reverence (though that was also present in ancient India), but on
sound administrative and economic principles.

Here are the key provisions and insights from the Arthashastra regarding ecosystem protection:

1. Forest Management and Classification:

o Kautilya recognized the multi-faceted value of forests beyond just timber. He advocated
for a systematic classification of forests, including:
 Productive Forests (Dravyavanas): Managed for timber, bamboo, and other
forest produce, implying sustainable harvesting.
 Elephant Forests (Hastivanas): Specifically protected for elephants, crucial for
military purposes, highlighting the link between strategic resources and
ecosystem health.
 Game Forests (Pashuvanas): Reserved for royal hunts but likely regulated to
prevent overexploitation.
 Protected Forests (Abhayaranyas): Areas where animals could roam freely and
were protected from harm, akin to modern wildlife sanctuaries.
o He prescribed the appointment of Superintendents of Forests (Kupyadhyaksha),
responsible for managing forest resources, planting trees, and preventing illegal felling.
2. Wildlife Protection and Animal Welfare:
o The Arthashastra laid down strict rules and punishments for killing or injuring animals,
particularly protected species or those in designated sanctuaries.
o It prohibited the killing of calves, bulls, and milk-producing cows, recognizing their
economic and ecological importance.
o Specific penalties were prescribed for poaching and for harming animals in protected
areas.
o There was an awareness of the need to protect elephant herds as vital military assets,
leading to their conservation within elephant forests.
o It also mentioned the protection of fish and birds whose slaughter was not customary,
indicating an early form of species protection.
3. Water Resource Management:
o Kautilya emphasized the importance of water bodies for agriculture and public welfare.
o He outlined rules for the construction and maintenance of irrigation works, dams, and
reservoirs, ensuring efficient water distribution.
o There were provisions for penalties for polluting water sources or causing damage to
irrigation infrastructure.
 o The state was responsible for providing water for agriculture and ensuring its equitable
distribution, indicating a policy of sustainable water use.
4. Sanitation and Pollution Control:
o The Arthashastra contained detailed regulations for urban sanitation and waste
disposal.
o It prescribed fines for throwing dirt or waste on roads, blocking drains with dirty
water, or urinating/defecating in public places.
o Owners of houses were responsible for maintaining clean drains and ensuring
wastewater did not stagnate or flow into neighbors' properties.
o While not explicitly using the term "pollution," these rules aimed to prevent public
nuisances that would degrade the immediate human environment.
5. Land Use and Agricultural Practices:
o Kautilya displayed knowledge of soil types, rainfall patterns, and appropriate irrigation
techniques, advocating for agricultural practices suited to the land.
o He recognized the importance of cultivable land for the state's prosperity, valuing it
even above mines, as it "fills both the treasury and storehouses."
o This implied a need for careful land use planning to avoid degradation.
6. Punishments and Enforcement:
o A key aspect of Kautilyan jurisprudence was the imposition of stringent fines and
punishments for environmental offenses. These varied based on the severity of the
damage and the importance of the resource.
o For example, fines were prescribed for cutting trees, with higher penalties for sacred
trees, those providing shade, or those in royal parks. Injuring animals also carried
penalties.
o This strong punitive system aimed to deter environmental degradation and enforce
responsible behavior.

In essence, Kautilya's Arthashastra, written centuries ago, demonstrates a remarkable foresight

regarding environmental protection. His approach was pragmatic, recognizing that the health of the
environment, its forests, water bodies, and wildlife, was directly linked to the economic prosperity,
social well-being, and strategic strength of the state. This comprehensive administrative and legal
framework, enforced through a system of classification, superintendents, and deterrent punishments,
represents an early and sophisticated form of ecosystem management.

WHAT IS POLLUTION? DISCUSS ITS SOURCES, KINDS AND EFFECTS.

MEANING
Pollution refers to the introduction or presence in the environment of substances or agents that cause
harm or discomfort to living organisms. These substances, known as pollutants, can be either natural or
human-made and can adversely affect the air, water, soil, and overall ecosystems.

DEFINITION
Pollution is defined as any unnatural and harmful changes in any dimension (such as the physical,
chemical, and biological aspects of any ecosystem component) that have the potential to have
dangerous repercussions on a variety of life forms and property.
According to Black's Law Dictionary, "pollution" generally refers to the presence of harmful substances,
noise, or energy within a specific area, often leading to degradation of the environment and potentially
posing a threat to human health or the well-being of other living organisms.

“Pollution is the introduction of substances (or energy) that causes adverse changes in the
environment and living entities.” Pollution need not always be caused by chemical substances such as
particulates (like smoke and dust). Forms of energy such as sound, heat or light can also cause pollution.

SOURCES OF POLLUTION

Natural Sources

Some of the natural sources of air pollution are organic compounds from plants, sea salt, suspended
soils and dusts (e.g. from the Sahara).
Other natural sources are released during catastrophes such as volcanic eruptions and forest fires. Large
amounts of harmful gases and smoke are released which can increase background pollution levels for
years - even in areas far away from the original source. Ozone is one of the most common natural air
pollutants.

Man Made Sources

Transport - Roads and Rails

Vehicles like cars, vans, buses and Lorries run on petrol or diesel. When these fuels are burnt in the
engine, pollutants are given out from the exhaust of the vehicles. This means road traffic is one of the
biggest sources of air pollution in Wales. Near busy roads are the main pollutants are nitrogen oxides,
carbon monoxide and particulate matter. Larger vehicles with bigger engines release more pollution in
to the atmosphere.
Trains cause a lot less pollution than the same journey made by car. However, trains still pollute the
environment. Electric trains use the electricity which is generated at power stations. When these fuels
are burnt, pollutants like nitrogen oxides, sulphur dioxide and particulate matter are released into the
atmosphere.

Agriculture

Animals like cows and sheep release a massive amount of methane through belching and breaking wind.
Methane is a colorless gas which is produced in their stomachs when bacteria break down the food that
they eat. Across the whole world, livestock is the biggest source of methane. Methane is the second
most important greenhouse gas which can cause climate change.

Industry and Power Generation

During the Industrial Revolution in the 1800s lots of factories were built near to the large towns and
cities. Today the main industrial hubs tend to be in the countryside away from cities. Nitrogen dioxide
and sulphur dioxide are the main pollutants associated with industrial processes.
To generate electricity fuels such as coal, gas or oil are burned at power stations. When these fuels are
burnt they release nitrogen oxides, sulphur dioxide and particulate matter as well as greenhouse gases
which can cause climate change.

Commercial and Institutional Sources

 Waste and emissions from offices, schools, hospitals, and markets.

 Disposal of packaging materials and other non-biodegradable waste.

Construction and Demolition

 Dust, noise, and debris from construction sites.

 Disposal of concrete, bricks, and hazardous materials.

Types of Environmental Pollution

Different kind of pollution

1. Natural pollution
2. Man made pollution

Natural pollution

Sources of natural pollution are mainly earthquake, flood, drought, cyclone, fire (forest fire)

1. Pollution caused by earthquake.

2. Pollution by flood & cyclone - The pollution by flood and cyclone is multi fold. It includes broken
sewers, flooded industrial plants, flooding dead bodies etc.

3. Pollution by drought - The pollution & cause for draught vice versa. The increasing air pollution all
over the globe in the past 50 years has reduced the days of rainfall by nearly a quarter. The bad dry air is
now affecting every nation ability to grow nutrition ford crops and it also causes many health and
environment problems.

4. Pollution by fire (forest fire) - Emission from fires have a serious impact on the environment. The
combustion gases released from fire are toxic and very large quantities of toxic particularly are released
in to the environment. These particles include among others of soot, tar, unburned materials and in
organic debris.

II. Man made pollution.

1. Air Pollution
Air pollution is brought on by several pollutants, including carbon monoxide, chlorofluorocarbons (CFCs),
dust, mold spores, nitrogen oxides, pollen, and sulfur dioxide. Gases and solid particles in the
atmosphere contribute to air pollution. In communities, hazardous gases are also produced through the
use of coal, dry grass, dry farm waste, and leaves as home fuels. Some additional sources of Air Pollution
are:
  Automobile pollution
 Burning of garbage
 Decayed plants and animals
 Indoor air pollution
 Industrial air pollution
 Radioactive elements.

The main impacts of air pollution are disorders of the lungs and respiratory systems and an increase in
the risk of heart disease in people. Additionally, it might cause bronchitis and asthma. The environment
may also be impacted since it produces more greenhouse emissions. To reduce air pollution, households
and businesses should run on better-designed machinery and smokeless fuels.

To keep the ecosystem in balance and control the impact of the rising greenhouse gases, a forestation—
the planting of additional trees—should be promoted.

The National Ambient Air Quality Standards (NAAQS) and the National Air Quality Monitoring Program
(NAMP) are two more actions the government took to reduce air pollution.

2. Water Pollution
When hazardous substances, such as chemical contaminants, untreated waste discharges, and sewage,
are dumped into rivers, lakes, and seas, water pollution results? Farming practices that use excessive
amounts of fertilizers and pesticides, which can harm water bodies, are among the origins of water
pollution. Environmental Pollution of water has the following causes:

 Agricultural pollutants are dumped into the water bodies.

 Disposal of radioactive substances into seawater.
 Industrial effluents enter oceans.
 Trading of marine.
 Offshore oil rigs.
 Recreational sports.
 Sewage is disposed of into the sea by rivers.

When the amount of mercury in the water grows, water pollution has the potential to lead to both
dropsy illness in fish and Minamata disease in people. Additionally, it causes eutrophication (an
oversupply of nutrients) and biological amplification (an increase in the concentration of harmful
substances).

By changing the methods used to prevent water pollution from the environment, water usage must be
controlled or decreased. For reuse, wastewater needs to undergo thorough treatment.

3. Soil Pollution
When levels of pollutants or harmful compounds rise and build up on the soil surface, it results in
environmental pollution of the soil. Salinity and decreased soil fertility are two impacts of soil
contamination. Drains become blocked as a result, which causes the release of unpleasant scents and
gases. The contaminants that cause soil pollution are:

 Inorganic ions and metals

 Salts (e.g., carbonates, nitrates, phosphates, sulfates)
 Organic compounds (such as alcohols, DNA, fatty acids, hydrocarbons, lipids, proteins, PAHs, etc.)

We need to cease using plastic if we want to reduce soil pollution. To prevent soil pollution, plastic use
should be decreased, and sewage should be properly treated before being used as fertilizer on planted
areas.

4. Thermal Pollution
Thermal pollution is the loss of water quality caused by any procedure that raises the temperature of
the water around it.
When industrial enterprises and power plants use water as a coolant, environmental contamination
results. Some of the sources of thermal pollution are industrial boilers, coal-fired power plants, oil
refineries, nuclear and electric power plants, and steel-melting companies.

The repercussions of thermal pollution include a reduction in the amount of dissolved oxygen in the
water, the extinction of numerous fish and invertebrate species, and the destruction of their eggs that
have been laid in the water bodies.

There are certain scientific methods for preventing thermal environmental pollution, such as building
cooling ponds or buildings and creating artificial lakes. These lakes are created by humans and offer a
potential substitute for natural water supplies for cooling power plants.

5. Noise Pollution
Unwanted sound, or noise pollution, causes excruciating ear agony. Decibels (dB) are used to measure
sound levels; noise levels about 90 dB produce auricular weakening, while sound levels beyond 100 dB
might result in permanent hearing loss. The sound of the ship’s water contributes to noise pollution by
interfering with whales’ ability to navigate and even destroying aquatic animals.

 The machinery in the industries makes noises like grinding and thunder.
 This kind of pollution is brought on by exploding rocks and soil, drilling tube wells, large earth-
moving equipment, and ventilation fans at construction sites.
 The loud sound of loudspeakers and the horns on cars are other sources of this environmental
pollution.
 Noise pollution can lead to high blood pressure, stress-related illnesses, speech impediment, hearing
loss, unbalanced sleep patterns, and decreased productivity.

By keeping roadside cars in good condition and employing soundproof technology in busy areas, noise
pollution can be reduced. Horn usage on roads should be kept to a minimum. Silencers must be installed
on industrial machinery and automobiles to prevent excessive noise.

6. Light Pollution
Light pollution, also known as photo pollution and frequently seen in urban areas, is caused by the
additional light in the night sky. Because it ruins the ecology, this kind of environmental pollution makes
it difficult to discern between day and night.

Artificial indoor or outdoor light, street lighting, display and advertisement lighting, security lights,
luminous athletic arenas, etc. are the culprits. The effects of light pollution on ecosystems, the night sky,
astronomical research, astronomical observations, energy waste, and the health of living things are all
negative.
7. Radioactive Pollution
The deposition or introduction of radioactive materials into an environment when their presence is
unplanned or the levels of radioactivity are unwanted is known as radioactive contamination. Due to the
ionizing radiation it emits, this kind of pollution is dangerous to human health. Radiation of this kind has
enough power to harm DNA in genes and cells. Radioactivity can occur in one of two ways:

1. Naturally occurring radioactivity

2. Man-made radioactivity

Effects of Environmental Pollution

All living things are susceptible to the dangers of environmental contamination. Wheezing, coughing,
respiratory problems, and other conditions can all be brought on by air pollution. It can also irritate the
skin, nose, and throat.

1. Asthma, heart attacks, and other respiratory issues can all be brought on by air pollution.
2. Acid rain, ozone layer degradation, and global warming are further effects of air pollution.
3. When consumed by people, environmental pollution of water can kill aquatic life and possibly result
in diseases like typhoid and jaundice.
4. Water that has been contaminated has very little dissolved oxygen (DO), making it unsafe to
consume.
5. The quality of plants cultivated can be impacted by soil or land contamination, which might interfere
with the subsurface life of micro organisms.

On Human Health

1. Respiratory issues (asthma, bronchitis)

2. Cardiovascular diseases
3. Neurological damage
4. Cancers
5. Birth defects
6. Waterborne diseases

On the Environment

1. Air pollution contributes to global warming and acid rain.

2. Water pollution causes eutrophication, killing aquatic life.
3. Soil pollution reduces soil fertility and harms plant life.
4. Noise and light pollution disturb animal behavior and ecosystems.

On the Economy

1. Increased healthcare costs

2. Reduced agricultural productivity
3. Damage to infrastructure due to acid rain
4. Loss of tourism revenue in polluted areas
 SHORT NOTE ON ABSOLUTE LIABILITY

Liability arising without any fault is a no-fault liability. It covers two kinds of liability:
 Strict Liability
 Absolute Liability

Definition:
Absolute Liability means liability without fault. It indicates liability in all circumstances. The word
‘Absolute’ signifies complete or unconditional liability without any exceptions.

The rule of Absolute Liability states that those enterprises or Industries which are involved in hazardous
or inherently dangerous activities for their commercial gain and if that activity is capable of causing
catastrophic damage then the enterprise is liable to pay compensation to the aggrieved parties. The
enterprise cannot plead any defence, and would be liable even if proper care was taken without giving
any exception of “Act of God” or “Act of danger”.

Evolution of rule of Absolute Liability

The rule of Absolute liability was laid down in the case of M.C. Mehta V. Union of India. The case was
basically filed under strict liability and with no exception given. Under this case, the court introduced a
new principle of Absolute Liability. In M.C. Mehta, there was leakage of oleum gas from the unit of
Shriram Food and Fertilizer Industries in the Delhi. It resulted into death of an Advocate along with other
people. A writ petition was filed by M.C Mehta in the Supreme Court of India under Article 32 of
Constitution by a way of public interest litigation. In the petition, he pleaded the closure of Shriram
Industries as it is engaged in manufacturing of hazardous substances in a populated area of Delhi. While
the petition was pending oleum gas leaked from one of its unit affecting people at mass. The three judge
bench allowed a partial reopening of a plant but directed the company to take all necessary safety
measures on behalf of those affected by the Gas leaked. The Delhi Legal aid and Advise Court, and the
Delhi bar association filed application for compensation in the original petition by M.C. Mehta.

Supreme Court created the doctrine of absolute liability, in preference to the doctrine of strict liability.
This decision was made by the court after two major gas leaks:
 Escape of Methyl Isocyanate from Union Carbide Plant – Bhopal Gas Tragedy
 Leakage of Oleum Gas from one of the units of Sriram Food and Fertilizers Industries

Due to the fact that the first tragedy seriously injured thousands of people. Because of the exceptions
under strict liability, the Supreme Court of India was concerned that businesses that deal with
dangerous materials would be exempt from being held responsible for harms caused by the release of
lethal gases. The concept of absolute liability was created as a result.

Essential Elements of Absolute Liability-

1. Dangerous Thing- The owner will only be held responsible if something hazardous has escaped from
their property. Furthermore, if it escapes, the object has a high probability of causing harm and may
do so to anyone or their property. A vast pool of water, electricity, gas, explosives, smells, rusty
wires, and other things have all been deemed dangerous in various strict liability judgments.
2. Escape– Absolute culpability applies to any harmful item that escaped the defendant’s control and
harmed the plaintiff’s property or caused injury to any person. About Read v. Lyons and Co.[1947]
 AC 156. The plaintiff in this case worked for the defendant’s manufacturing business. She was
severely injured when a manufactured object exploded while she was performing her duty. The
plaintiff was performing her task when the accident happened, according to the court, and it
happened while she was on the job. According to the ruling, the defendant cannot avoid his
responsibility and the strict liability concept is not relevant in this situation. The offender was found
accountable.
3. Non-Natural use of land– Domestic water collecting is not seen as a non-natural use of land, but it is
when done in large numbers, such in a reservoir. In the case of Ryland v. Fletcher, it was decided
that the extensive collection of water is an unnatural use of land. By taking into account the
environment, society, and what a reasonable person would do, one can distinguish between a
natural and non-natural use of land. On one’s property, growing trees is seen as a natural use of the
land; nevertheless, if one starts to plant poisonous trees, this is regarded as a non-natural use of the
land.
4. Mischief- According to this theory, the plaintiff must first establish that the defendant engaged in
non-natural land use and avoided a dangerous situation that existed on his property and caused
additional harm. Charing Cross Electric Supply Co. v. Hydraulic Power Co. [1914] 3 KB 772 is the
case at hand. Water delivery duties were given to the defendant at several locations. The pipeline
bursts at various locations because the defendant failed to maintain the minimum pressure that was
demanded of him. The plaintiff sustained severe damages as a result. Despite not being at fault in
this instance, the defendant was nevertheless held accountable.

Scope of Absolute Liability

The principle of absolute liability is typically seen as a legal exception. The Public Liability Insurance Act,
1991 was introduced as a result of the tragic Oleum gas leak event. Its goal was to provide
compensation to the victims of incidents involving dangerous chemicals or their handling. The primary
goal of the legislation was to establish a public liability insurance fund that would thereafter be utilised
to recompense the victims.

PUBLIC TRUST DOCTRINE

The Public Trust Doctrine was conceptualized by the Byzantine Emperor Justinian I.
As the Byzantine Empire was situated around the seashore and hence he held that:-
1. The sea, the shores of sea, the air and running water was common to everyone.
2. The Sea shore could not be appropriated for private use and was open to all

Introduction
Public Trust Doctrine is a foundational principle under environmental jurisprudence. According to our
principle, aspects of our natural heritage are not mere possessions but are instead held in a sacred trust
by the government for the collective welfare. The principle is deeply rooted in common law and shaped
the legal landscape for the preservation of our vital resources.
Public Trust Doctrine has its roots reaching back to the pages of Roman antiquity. The concept gained
significance within the folds of English common law. Essentially, this doctrine asserts that certain
resources, such as watery expanses, coastlines, and submerged territories, rest in the hands of the
government, serving as a fiduciary for the public good. The idea is to ensure the continuity of these
resources for the present and future generations.
Historical Background
Public Trust Doctrine traces its origins to the Justinian Code of Roman law. Acknowledging the public's
right to navigate tidal waters and fish, found ground in English common law, which asserted the Crown's
duty to hold certain resources in trust. In the United States, the doctrine gained renewed vitality, leaving
an enduring mark on environmental jurisprudence. In environmental law, Public Trust Doctrine remains
a stalwart guardian, balancing public rights and government custodianship.

Key Elements

Fiduciary Duty of Government

The government has an obligation to function as a trustee by safeguarding public resources. This
fiduciary role necessitates that a balance be established between advancing economic interests,
development of commerce and industry, while ensuring the conservation of our natural resources.
Balancing Economic Interests with Environmental Protection
The challenge lies in harmonizing economic pursuits with environmental preservation. This complex
balancing act calls for decisions that not only uphold the public's right to access and utilize resources but
also mitigate adverse ecological repercussions. The doctrine, in essence, stands as a guiding compass,
urging policymakers to consider the far-reaching consequences of their decisions on resource
management.
Scope
The doctrine, traditionally focused on navigable waters, shorelines, and submerged lands, has extended
its reach to include other resources over time. This includes air and wildlife, reflecting the importance of
preserving ecosystems and biodiversity. Modern day legal scholars and environmental advocates call for
a more expansive interpretation of the Public Trust Doctrine. They advocate for it to include rights such
as a stable climate and access to untainted air. This evolution essentially focuses on the effect of natural
systems on human well-being.
The public trust doctrine serves two main purposes, which are as follows-
1. It authorizes the State to take affirmative action for effective management and control of the natural
resources by safeguarding them from degradation.
2. It empowers the people to question the government about its ineffective management of these
natural resources.

Protecting Resources

Water-bodies
Public Trust Doctrine recognizes water bodies are indispensable components held in trusteeship for the
wider public. Government is responsible for overseeing water sources, ensuring not only fair and equal
access but also safeguarding these water bodies against pollution and maintaining ecological well-being.
It guides the principles shaping policies that regulate water usage, advocate for conservation practices,
and confront issues like contamination and excessive extraction.

Land
The doctrine emphasizes the obligation of governments to shield public trust lands. It underscores the
promotion of sustainable land-use practices, prevention of unauthorized development, and delineation
of areas earmarked for conservation. Through including the principles of Public Trust Doctrine into land-
use planning, nations can establish the much-needed balance between human development and
preservation of ecologically sensitive zones.
M.C. Mehta v. Kamal Nath
Addressing the pollution of the Ganges River, a lifeline for millions, the Public Trust Doctrine was
invoked. The Supreme Court of India decreed that the government, acting as trustee, must shield and
enhance the environment for the public good. This ruling crystallized the notion that the government is
not merely a proprietor but a custodian of natural resources, instilling accountability for environmental
conservation.
Vellore Citizens Welfare Forum v. Union of India
This case broadened the scope of the Public Trust Doctrine to include air and water quality. The court,
decreeing the right to a wholesome environment as intrinsic to the right to life, acknowledged the
expansive application of the doctrine. This landmark decision resonated in subsequent cases addressing
air and water pollution, imprinting a lasting impact.

DEFINE ENVIRONMENT AND EXPLAIN VARIOUS CAUSES OF ENVIRONMENTAL

POLLUTION

The environment is defined as a physical system's surroundings, which may interact with other
systems by exchanging mass and energy. All living and nonliving things are included in the natural
environment. Because the environment is the setting in which we live, it is our responsibility to keep it
safe from harm. Environmental pollution is one of the most serious issues confronting human society
today. The three basic areas of environmental pollution are air, water, and soil.

Section 2 (a) of the Environment (Protection) Act 1986 defines: “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”.

 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.

Causes of Environmental Pollution

Rapid Industrialization
1. The concentration of industries in urban areas releases pollutants into the air, water, and soil,
causing environmental pollution.
2. The rapid pace of urbanization also increases waste generation and resource consumption,
exacerbating pollution and causing severe environmental pollution.
3. Industries also generate hazardous wastes in many forms, including liquids, solids, gases, and sludge.
Rapid Urbanization
4. The increased pace of urbanization in recent times has led to worsening environmental pollution.
5. It creates issues such as deforestation and habitat loss, increased emissions and waste generation,
etc.

Forest Fires
6. The frequency of forest fires or wildfires has increased because of human actions, such as land
clearing, encroachment, etc.
7. These wildfires are a huge source of environmental pollution, adding large amounts of gaseous and
other pollutants to the environment.

Improper Agricultural Practices

8. 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).
9. Using chemical fertilizers, pesticides, and herbicides in agriculture contributes to soil and water
pollution and environmental pollution.
10. Intensive farming practices also lead to deforestation, soil erosion, habitat destruction and
environmental pollution.

Deforestation
11. Deforestation refers to the decrease in forest areas worldwide that are lost for other uses, such as
agricultural croplands, urbanization, or mining activities.
12. This causes an imbalance in the local ecology and reduces nature’s capability to absorb pollutants,
leading to environmental pollution.

Industrial activities:
The industries all over the world that brought prosperity and affluence, made inroads in the biosphere
and disturbed the ecological balances. The pall of smoke, the swirling gases, industrial effluents and the
fall-out of scientific experiments became constant health hazards, polluting and contaminating both air
and water. The improper disposal of industrial waste is the sources of soil and water pollution. Chemical
waste resulting from industry can pollute lakes, rivers and seas and soil too as well as releasing fumes.

Dumping solid waste:

Household and commercial waste pollutes the environment when not disposed of properly.

Vehicles:
The smoke emitted by vehicles using petrol and diesel and the cooking coal also pollutes the
environment. The multiplication of vehicles, emitting black smoke that, being free and unfettered,
spreads out and mixes with the air we breathe. The harmful smoke of these vehicles causes air
pollution. Further, the sound produced by these vehicles produces causes noise-pollution.

Population overgrowth:
Due to the increase in population, particularly in developing countries, there has been surge in demand
for basic food, occupation and shelter. The world has witnessed massive deforestation to expand absorb
the growing population and their demands. Combustion of fossil fuels: The combustion of fossil fuels
pollutes the air, the soil and the water with noxious gases such as CO2 and CO. Agricultural waste:
Fertilizers and pesticides used in agriculture are key causes of environmental pollution

WHAT IS ECO SYSTEM? WHAT ARE ECO SYSTEM SERVICES

The word “ecosystem” was first used by ‘Tansley’

TANSLEY defined it as - The whole system, ... including not only the organism-complex, but also the
whole complex of physical factors forming what we call the environment."

“Eco” means ecology; “systems” are assemblages of parts forming a complex or utility whole.

An ecosystem is a community of living organisms (like plants, animals, and microbes) that interact with
each other and with their non-living environment (like air, water, soil, and sunlight) in a specific area.
These organisms may range from human beings to large animals to plants to microscopic bacteria.

The Biological Diversity Act, 2002, defines an "eco-system" in Section 2(ma) as:"a dynamic complex of
vegetable, animal and micro-organism communities and their non-living environment which interact as
a functional unit, including human beings."

Animal Welfare Board of India v. A. Nagaraja (2014) - This case concerned with the practice of Jallikattu
(bull-taming sport in Tamil Nadu). The Court ruled against cruelty to animals and held that animals have
a right to life and dignity under Article 21. Indirectly recognized animals as integral parts of the
ecosystem.

ECO SYSTEM SERVICES

Ecosystem Services are the direct and indirect benefits ecosystems offer to human wellbeing and
quality of life, including provisioning, regulating, cultural, and supporting services.

Ecosystem services examples include pollination by bees, water purification by wetlands, carbon
sequestration by forests, and more. Ecosystem services are essential for human well-being, economic
development, and maintaining biodiversity.

TYPES
Provisioning Services (direct services)
This type of ecosystem service includes food, water, medicines, and other resources derived directly
from nature. Ecosystems supply us with crops, clean water, natural medicines, wood, and even
biofuels. Furthermore, they create the conditions for these resources to grow and prosper.
Example - Food, Water, Medicines, and Raw materials.
1. Food: Fruits, vegetables, fish, meat, grains, and seafood harvested from ecosystems like forests,
croplands, and oceans.
2. Water: Freshwater supply from rivers, lakes, and groundwater sources for drinking, irrigation, and
industrial use.
3. Timber: Wood and timber products obtained from forests for construction, furniture, and paper
production.
 Regulating Services
This type of ecosystem service focuses on preserving natural balance. For example, trees help to clean
and control the air we breathe, prevent soil erosion, and manage greenhouse gas emissions. Birds,
rats, and frogs all help in the natural control of pests and diseases. Essentially, ecosystems serve as
nature's regulators, ensuring that everything is in balance.
Example - Air Quality Regulation, Climate Regulation, Natural Hazard Regulation, and Pest Regulation
1. Climate Regulation: Forests and oceans absorb carbon dioxide, helping mitigate climate change
by regulating the Earth's temperature.
2. Water Purification: Wetlands and riparian zones filter pollutants and purify water, improving
water quality for aquatic ecosystems and human consumption.
3. Pollination: Bees, butterflies, and other pollinators facilitate the reproduction of plants, ensuring
agricultural productivity and biodiversity.

Supporting Services
Supporting services function similarly to the foundation of other services. They have many living
species and support a broad range of plants and animals, recycle nutrients, and perform other
processes that help to sustain life on Earth. They serve as the basis upon which everything else grows.
Example - Habitat Provision, Biodiversity Maintenance, Nutrient Cycling, and Soil Formation
1. Nutrient Cycling: Decomposers break down organic matter, recycling nutrients like carbon,
nitrogen, and phosphorus essential for plant growth.
2. Soil Formation: Erosion control and soil formation processes by vegetation, microorganisms, and
geological factors sustain fertile soils for agriculture and ecosystem health.
3. Biodiversity: Rich biodiversity supports ecosystem resilience, genetic diversity, and evolutionary
processes, enhancing ecosystem stability and productivity.

Cultural Services NON MATERIAL BENEFITS

This type of ecosystem service includes tourism, which offers people with delightful activities and
opportunity to visit attractive areas.
Ecosystems and their services are extremely difficult to assess. Supporting services, such
as habitat provision and nutrient recycling, provide for more than half of total ecosystem services,
whereas the remaining services contribute much less, with each accounting for less than 10%.
Example
1. Recreation: Parks, forests, and natural landscapes provide opportunities for outdoor activities like
hiking, camping, and wildlife observation, promoting physical and mental well-being.
2. Spiritual Enrichment: Natural environments offer spiritual and aesthetic experiences, fostering a
sense of connection to nature, tranquility, and inspiration.
3. Cultural Heritage: Indigenous knowledge, traditions, and practices associated with ecosystems
preserve cultural identity, heritage sites, and traditional ecological knowledge.

Importance of Ecosystem Services

Ecosystem services are important in conserving the balance and functionality of natural habitats,
which is directly related with human well-being and survival. The importance of ecosystem services is
discussed below:
1. Ecosystem services provide important resources such as food, water, and medicinal plants, which
help human, survive and grow.
2. Ecosystem services help to keep ecosystems sustainable by reducing erosion of soil, depletion of
nutrients, and the spread of pests and diseases.
3. Ecosystem services provide important environmental functions such as climate regulation, water
purification, and disease control, all of which are necessary for maintaining ecological equilibrium.
4. Ecosystem services give cultural and social benefits, such as mental improvement, outdoor
relaxation, and aesthetic appreciation, which enhances human quality of life and well-being.
5. Ecosystem services such as pollination by bees and other insects are essential for the growth of
crops, preserving food security and agricultural productivity.

WHAT ARE THE FACTORS RESPONSIBLE FOR ENVIRONMENTAL POLLUTION AND STATE THE
REMEDIES.

The word ‘environment’ is derived from the French word ‘environner’, which means ‘to encircle’ or to
surround.
It refers to both abiotic (physical or non-living) and biotic (living) environment. The word environment
means surroundings, that surrounds living beings from all sides and affect their whole part life . It
consists of atmosphere, hydrosphere, lithosphere and biosphere. It's chief components are soil, water,
air, organisms and solar energy. It has provided us all the resources for leading a comfortable life.

DEFINITION
1. Section 2 (a) of the Environment (Protection) Act 1986 defines “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

In T.N Godavarman Thirumalpad v UOI AIR 2002, Supreme Court of India- "Environment" is a difficult
word to define. Its normal meaning relates to the surroundings, but obviously that is a concept which is
relatable to whatever object it is which is surrounded. Environment is a polycentric and multifaceted
problem affecting the human existence.

2. According to P. Gisbert "Environment is anything immediately surrounding an object and exerting a

direct influence on it."
3. According to E. J. Ross "Environment is an external force which influences us."

POLLUTION

The word 'pollution' is derived from the Latin word "polluere" which means to "contaminate any feature
of the environment' or 'to soil or defile."

Pollution means contamination of Environment such contamination creates potential hazards to health
and well being of living and non living organisms.

Section 2(b): Of the Environment pollution act defines Environmental pollution to mean any solid, liquid
or gaseous substance present in such concentration as may be or tend to be injurious to Environment.
Pollution affects the natural composition of substances and also it affects the food chain, carbon cycle,
nitrogen cycle, oxygen cycle, and also it damages the plant and animal life, besides damage to property
and buildings.
M.C Mehta v Kamal Nath, AIR 2000 SC, Justice Saghir Ahmad "Pollution is a civil wrong, by its very
nature it is a tort committed against the community as a whole. A person, therefore, who is guilty of
causing pollution, has to compensate for the damages for the restoration of environment & ecology.

Sources of Environmental Pollution: causes of environmental pollution

1. Natural Causes (Natural Pollution); and
2. Artificial Causes (Artificial Pollution) or man-made causes

Natural Causes: Drought, flood, cyclone, earthquake, molten lava of volcano, hurricane, twister,
torrents. epidemic are the main natural causes factors which cause environmental pollution. Since they
are agents of nature and man has no control over them, they are known as natural causes.

Man-Made Causes - Pollution caused by artificial causes VIZ., intervention of human agency is called
"Artificial Pollution or Pollution by Artificial Cause or manmade causes

FACTORS RESPONSIBLE FOR ENVIRONMENTAL POLLUTION

1. Population-Growth
Rapid population growth is one of the biggest reasons for environmental pollution. As more people
are born, the need for water, food, fuel, and space increases. This puts a huge strain on natural
resources. More people mean more deforestation, overcrowded cities, and more waste, which leads
to pollution of land, air, and water. In cities, high population density causes slums, poor sanitation,
and increased use of vehicles and fuels like petrol and diesel, which worsen air quality. To grow
more food, farmers use more fertilizers and pesticides, which cause chemical pollution. All of this
affects our health and harms sustainable development.

2. Poverty
Poverty also plays a big role in environmental damage. Poor people depend directly on natural
resources for basic needs like food, water, and fuel. In villages, forests are often cut down to meet
these needs, causing less rainfall and water shortages. In cities, poverty results in slums with dirty
living conditions and increased use of cheap fuels like coal and kerosene, which pollute the air.
Because of limited income, poor communities cannot afford eco-friendly practices, which makes
pollution worse.

3. Urbanization
Unplanned and rapid growth of cities leads to serious environmental issues. Many people move to
cities for jobs and education, creating overpopulation in urban areas.
This causes poor waste management, lack of sanitation, crowded spaces, and shrinking green areas.
Traffic, smoke, sewage, and garbage increase pollution in the air, water, and land. Waste dumps
outside cities also pollute nearby water sources. The lack of green spaces and poor civic services
makes life harder for people and damages the environment.

In L.K. Koolwal v. State of Rajasthan, the court said that dirty conditions and lack of sanitation violate the
right to life under Article 21 of the Constitution, and it is the duty of municipalities to ensure a clean
environment.
4. Deforestation
cutting down forests is a major cause of environmental damage. Forests help in bringing rain, storing
groundwater, and cleaning the air by absorbing carbon dioxide. They are also home to animals and
medicinal plants. However, forests are being cleared for farming, illegal wood cutting, and land
grabbing. This causes soil erosion, loss of animals and plants, and higher carbon dioxide levels, which
affect the climate. Although there are forest protection laws like the National Forest Policy (1988),
they are not well-enforced. Better forest management is urgently needed.

5. Industrial-Development
Industries are important for economic growth, but they also cause pollution. Rapid industrialization
has led to deforestation, mining, and water shortage. Industries release harmful gases like carbon
dioxide, sulphur dioxide and carbon monoxide, which pollute the air. Many industries like leather,
chemicals, textiles, oil refineries, and fertilizers produce toxic waste in the form of heat, smoke, solid
waste, or wastewater. These wastes often contain harmful chemicals and heavy metals such as lead,
mercury, arsenic, and cadmium. When these enter rivers or the ground, they pollute water and soil,
harming plants, animals, and human health. This can cause serious diseases. Industrial development
should be done in a way that protects the environment.

6. Technological-Development
Technology has brought many comforts, but it has also led to environmental problems. The use of
non-eco-friendly machines and devices increases pollution. Some machines and devices release
harmful gases (like carbon dioxide or chemicals) into the air, water, or soil, increasing pollution.
Overuse of natural resources such as fossil fuels, water, mineral for making and running technology
causes ecological damage. Harmful emissions from these technologies damage nature. It is
important to shift to eco-friendly and sustainable technologies that protect the environment.

7. Communication-Technology
The growth of mobile phones, satellites, and the internet has increased power usage and radiation.
These technologies require a lot of electricity to operate, which increases energy consumption.
Devices like mobile phones and their towers emit short-wavelength radiation, which can enter the
human body. There are concerns that too much exposure may affect human health (e.g.,
headaches, sleep disturbances, or other long-term effects). Running and manufacturing
communication technologies contributes to environmental pollution, especially if the energy comes
from non-renewable sources like coal or oil.

8. Burning of Fossil Fuels - burning fossil fuels like petrol, diesel, and coal is a major cause of air
pollution. Vehicle emissions release harmful gases into the air, making it unhealthy to breathe and
damaging the environment. Burning fossil fuels releases harmful gases like carbon dioxide (CO₂),
sulfur dioxide (SO₂), and nitrogen oxides (NOₓ). These pollute the air and can cause breathing
problems and diseases.

9. Agriculture
Modern farming practices also cause pollution. To protect crops from pests, farmers use chemical
pesticides and fertilizers. These chemicals mix with water during rainfall and pollute rivers, lakes,
affecting aquatic plants, fish and human health and even the air, leading to environmental problems.
Modern farming also uses plastic sheets, packing etc leads to plastic pollution
10. Transportation:
Cars, trucks, buses, trains, ships, and airplanes burn fossil fuels, releasing greenhouse gases (e.g.,
carbon dioxide, methane) and other pollutants (e.g., nitrogen oxides, particulate matter) into the
atmosphere, causing air pollution and contributing to climate change

Remedies for Environmental Pollution:

1. Transition to Renewable Energy: One of the most effective ways to reduce environmental pollution
is to transition from fossil fuels to renewable energy sources, such as solar, wind, and hydropower.

2. Sustainable Agriculture: Promoting sustainable agricultural practices can significantly reduce

environmental pollution. Techniques such as organic farming, crop rotation, integrated pest
management, and agro forestry minimize the use of chemical inputs and enhance soil health.
Additionally, reducing meat consumption and supporting plant-based diets can decrease methane
emissions from livestock farming.

3. Aforestation and Reforestation: Protecting existing forests and promoting reforestation efforts
are crucial for mitigating pollution and climate change. Forests act as carbon sinks, absorb pollutants,
and support biodiversity. Governments and organizations should implement policies to prevent
deforestation, restore degraded lands, and create incentives for sustainable forest management.

4. Waste Management: Improving waste management practices are essential for reducing pollution.
This includes promoting recycling and composting, reducing single-use plastics, and ensuring proper
disposal of hazardous waste. Governments should implement stringent regulations for waste disposal
and encourage the development of waste-to-energy technologies.

5. Green Transportation: Encouraging the use of public transportation, cycling, and walking can
reduce emissions from vehicles. Governments should invest in public transportation infrastructure,
promote electric and hybrid vehicles, and implement policies to reduce traffic congestion.

6. Water Conservation and Treatment: Protecting water resources from pollution requires effective
water conservation and treatment strategies. Implementing efficient irrigation systems, reducing water
wastage, and treating industrial and municipal wastewater before discharge can prevent water
contamination. Governments should enforce regulations to protect water bodies and promote the use
of water-saving technologies.

7. National commission & state commissions to protect the Environment.

8. Strict Enforcement of Environmental Laws - Governments must strictly implement pollution control
laws and standards for industries, vehicles, and waste disposal. Regular monitoring and penalties for
violations ensure compliance.

1. Public Awareness and Environmental Education - Educating people about the importance of
environmental conservation helps promote responsible behavior like reducing plastic use, saving
energy and water, and protecting nature.
M.C. Mehta v. Union of India (1987) – The Oleum Gas Leak Case

Industrial pollution due to leakage of toxic gases from a factory in Delhi. The Supreme Court held that
industries must take absolute liability for any harm caused to the environment and public. This case set
the precedent for stricter environmental liability of industries. The court introduced the principle of
"Polluter Pays" in India.

Vellore Citizens Welfare Forum v. Union of India (1996)

Pollution caused by tanneries in Tamil Nadu releasing untreated effluents into water bodies. The
Supreme Court upheld the Precautionary Principle and Polluter Pays Principle, ordering strict pollution
control and remediation measures. This case strengthened the role of environmental principles in Indian
law.

Subhash Kumar v. State of Bihar (1991)

Groundwater pollution caused by dumping of industrial waste. The Supreme Court recognized right to
life under Article 21 to include the right to a pollution-free environment. This case affirmed
environmental protection as a fundamental human right.

WRITE A NOTE ON ENVIRONMENT

The term environment has been derived from a French word "Environia" means to surround.

It refers to both abiotic (physical or non-living) and biotic (living) environment. The word environment
means surroundings, in which organisms live. Environment and the organisms are two dynamic and
complex component of nature. Environment regulates the life of the organisms including human beings.
Human beings interact with the environment more vigorously than other living beings. Ordinarily
environment refers to the material, sand forces that surround the living organism.

Environment is the sum total of conditions that surrounds us at a given point of time and space. It is
comprised of the interacting systems of physical, biological and cultural elements which are interlinked
both individually and collectively. Environment is the sum total of conditions in which an organism has
to survive or maintain its life process. It influences the growth and development of living forms.

In other words environment refers to those surroundings that surrounds living beings from all sides and
affect their lives in toto. It consists of atmosphere, hydrosphere, lithosphere and biosphere. It's chief
components are soil, water, air, organisms and solar energy. It has provided us all the resources for
leading a comfortable life.

1. According to P. Gisbert "Environment is anything immediately surrounding an object and

exerting a direct influence on it."
2. According to E. J. Ross "Environment is an external force which influences us."
According to Section 2(a) in The Environment (Protection) Act, 1986 "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;"

Environmental law recognizes the right to a clean and healthy environment as part of the fundamental
right to life under Article 21 of the Indian Constitution. It provides a legal framework to regulate human
activities, prevent environmental degradation, and ensure sustainable development.

Key environmental legislations in India include:

 Environment (Protection) Act, 1986

 Air (Prevention and Control of Pollution) Act, 1981
 Water (Prevention and Control of Pollution) Act, 1974
 Forest Conservation Act, 1980
 Wildlife Protection Act, 1972

These laws aim to control pollution, manage natural resources, protect biodiversity, and impose
penalties for environmental violations. Courts have also played a vital role through Public Interest
Litigations (PILs) and landmark judgments applying principles like the Polluter Pays, Precautionary
Principle, and Public Trust Doctrine.

MAJOR KINDS OF ENVIRONMENTAL POLLUTION

AIR POLLUTION: Air pollution is generally accomplished through air pollutants.

The definition of air pollutants is given under sec 2(9) of the Air Pollution Act, 1981.

Section 2(a): Air pollutant means any solid, liquid or gaseous substance including noise present in the
atmosphere in such concentration as may be or tend to be injurious to human beings or living creatures
or plants or property or environment.

Section 2(b): Air Pollution means the presence in the atmosphere of any air pollutant.

WATER POLLUTION

Section 2(6) of Water (prevention and control of pollution) Act, 1974:- means such contamination of
water or such alteration of the physical, chemical or biological properties of water or such discharge of
any sewage or trade effluent or any other liquid, gaseous or solid substance into water (whether directly
or indirectly) as may, or is likely or create a nuisance, domestic, commercial, industrial, agricultural or
other legitimate uses, or to the life and health of animals or plants or of aquatic organisms

LAND POLLUTION

Land is in fact the very heart of life layer(biosphere) because it represents a zone wherein plant
nutrients produced, held, maintained and are made available to plants. It is important for human society
because it is the basic medium for food and various needs of man and other living creatures.
FOOD POLLUTION

Food is one of the most essential resources of human survival. Pollution of food begins when the seeds
need to be protected from use of chemicals. Again chemicals are used to protect plant growth, flowers,
fruits and vegetables.

UNIT 5

EXPLAIN PROVISIONS AND PROCEDURE OF COLLECTION OF SAMPLES

The collection of samples under environmental law in India is a critical aspect of enforcing
environmental regulations and establishing pollution violations. The primary legal framework governing
this is the Environment (Protection) Act, 1986 (EPA), specifically Section 11, along with the detailed
procedures laid out in the Environment (Protection) Rules, 1986, particularly Rules 6, 7, and 8, and their
associated forms.

What is a Sample?

A "sample" refers to a representative portion of a larger quantity of material collected for the purpose
of analysis. The analysis of these samples helps determine the physical, chemical, and biological
characteristics of the material, thereby indicating its quality, the presence and concentration of
pollutants, and compliance with prescribed environmental standards.

Example

 water in a river,
 air in a locality,
 soil in a field,
 effluent from an industry, or
 waste in a landfill

These samples, can range from water and air to soil and waste, provide tangible evidence of
environmental conditions and potential pollution. The provisions and procedures for their collection are
typically detailed within environmental legislation to ensure that the samples are representative,
reliable, and legally admissible.

Provisions under the Environment (Protection) Act, 1986 (EPA)

11. Power to take sample and procedure to be followed in connection therewith. —

(1)The Central Government or any officer empowered by it in this behalf, shall have power to take, for
the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or
other place in such manner as may be prescribed.

(2)The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence
in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.
(3)Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall
—

(a)serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such
form as may be prescribed, of his intention to have it so analysed;

(b)in the presence of the occupier or his agent or person, collect a sample for analysis;

(c)cause the sample to be placed in a container or containers which shall be marked and sealed and shall
also be signed both by the person taking the sample and the occupier or his agent or person;

(d)send without delay, the container or the containers to the laboratory established or recognised by
the Central Government under section 12.

(4)When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on
the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,—

(a)in a case where the occupier, his agent or person wilfully absents himself, the person taking the
sample shall collect the sample for analysis to be placed in a container or containers which shall be
marked and sealed and shall also be signed by the person taking the sample, and

(b)in a case where the occupier or his agent or person present at the time of taking the sample refuses
to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-
section (3), the marked and sealed container or containers shall be signed by the person taking the
samples,

and the container or containers shall be sent without delay by the person taking the sample for analysis
to the laboratory established or recognized under section 12 and such person shall inform the
Government Analyst appointed or recognized under section 13 in writing, about the willful absence of
the occupier or his agent or person, or, as the case may be, his refusal to sign the container or
containers.

II. Procedure as Detailed in the Environment (Protection) Rules, 1986

These rules provide the practical steps and forms for executing the powers granted under Section 11 of
the EPA.

Rule 6: Procedure for Taking Samples

1. The Central Government or the officer empowered to take samples under section 11 shall collect
the sample in sufficient quantity to be divided into two uniform parts.
2. Both parts must be effectively sealed and suitably marked.
3. The person from whom the sample is taken (the occupier/agent) shall be permitted to add their own
seal or mark to all or any of the parts. This is another layer of transparency and protection for the
occupier.
4. If the sample is already in containers or small volumes and is likely to deteriorate or be damaged if
opened, the officer shall take two such sealed containers or volumes without opening them, and
suitably seal and mark them.
5. Disposition of Samples:

 One portion shall be handed over to the person from whom the sample is taken (the
occupier/agent) under acknowledgment (meaning, they sign to confirm receipt).
 The other portion shall be sent forthwith to the environmental laboratory for analysis.

Rule 7: Service of Notice (Form I)

This rule reiterates and specifies the format for the notice mentioned in Section 11(3) (a). The
empowered officer shall serve a notice in Form I then and there (immediately at the spot) on the
occupier or his agent or the person in charge, stating the intention to have the sample analyzed.

Rule 8: Procedure for Submission of Samples for Analysis, and the Form of Laboratory Report thereon

1. Samples meant for analysis shall be sent to the environmental laboratory by registered post or
through a special messenger along with Form II. Form II is a memorandum to the analyst,
providing details of the sample.
2. To prevent tampering, another copy of Form II, along with specimen impressions of the seals
used by the officer taking the samples (and any seals/marks added by the person from whom
the sample was taken), shall be sent separately in a sealed cover by registered post or special
messenger to the environmental laboratory. This allows the laboratory to verify the integrity of
the seals on the sample container upon receipt.
3. Laboratory Report (Form III): Upon analyzing the sample, the environmental laboratory must
send the report of the analysis results in Form III to the officer who took the sample.
4. Distribution of Report: Once the officer receives the Government Analyst's report:

 They must send one copy of the report to the person from whom the sample was taken for
analysis.
 They retain a second copy for their records.
 They keep a third copy to be produced in the Court where legal proceedings are initiated.

EXPLAIN REGULATION ON DISPOSAL OF BIO MEDICAL WASTE

Question number 22 page number 37

https://lawbhoomi.com/bio-medical-waste-an-indian-perspective-environmental-law/

The regulation on the disposal of biomedical waste is a critical aspect of public health and environmental
protection. While specific rules vary from country to country, the overarching goal is to minimize the
risks associated with infectious, hazardous, and other medical waste.

According to Rule 3(f) of the Bio-Medical Waste Management Rules, 2016, Bio-medical waste means any
waste, which is generated during the diagnosis, treatment or immunization of human beings or animals
or in research activities pertaining thereto or in the production or testing of biologicals, and including
categories mentioned in Schedule I, of the Bio-medical waste Rules 2016.

1. Applicability: The rules apply to all persons who generate, collect, receive, store, transport, treat,
dispose of, or handle biomedical waste in any form. This includes:

 Hospitals, nursing homes, clinics, dispensaries

 Veterinary institutions, animal houses
 Pathological laboratories, blood banks
 Ayush Hospitals (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy)
 Clinical establishments, research or educational institutions
 Health camps, medical/surgical/vaccination/blood donation camps
 First aid rooms of schools
 Any other healthcare activity related to any system of medicine.

2. Definition of Biomedical Waste: "Bio-medical waste" means any waste, which is generated during the
diagnosis, treatment or immunization of human beings or animals or research activities pertaining
thereto or in the production or testing of biological or in health camps, including the categories
mentioned in Schedule I of the rules.

3. Categorization and Segregation (The Foundation): This is the most crucial step. Biomedical waste
must be segregated at the point of generation into different categories using color-coded bags and
containers. This prevents mixing with general waste and ensures appropriate treatment for each type.

The 2016 rules simplified the categories from 10 to 4 main color codes:

Yellow Bag/Container:

 Waste Type: Human anatomical waste (human tissues, organs, body parts, fetus), Animal
anatomical waste, Soiled waste (items contaminated with blood/body fluids like dressings, plaster
casts, cotton swabs), Expired or discarded medicines (excluding cytotoxic drugs), Chemical waste
(solid chemical waste from production of biological, discarded disinfectants), Chemical liquid waste,
Discarded linen, mattresses, beddings contaminated with blood or body fluid.
 Treatment: Incineration or Plasma Pyrolysis or deep burial (deep burial only in rural or remote areas
where no access to common biomedical waste treatment facility).

Red Bag/Container:

 Waste Type: Wastes generated from disposable items such as tubing, bottles, intravenous tubes and
sets, catheters, urine bags, syringes (without needles and fixed needle syringes) and gloves.
 Treatment: Autoclaving or Microwaving/Hydroclaving followed by shredding or mutilation. (Non-
chlorinated plastic bags/containers are mandated).

White Puncture Proof Container (Translucent):

 Waste Type: Waste sharps including metals (needles, syringes with fixed needles, needles from
needle tip cutter or burner, scalpels, blades, or any other contaminated sharp object that may cause
puncture and cuts, including used, discarded and contaminated metal sharps).
 Treatment: Autoclaving or Dry Heat Sterilization followed by shredding or mutilation.

Blue Bag/Container:

 Waste Type: Glassware (broken or discarded and contaminated glass, including medicine vials and
ampoules), Metallic body implants.
 Treatment: Autoclaving or microwaving/hydroclaving and then sent for recycling.

4. Storage:

 Healthcare facilities (HCFs) must provide a safe, ventilated, and secured location for storage of
segregated biomedical waste within their premises.
 Untreated biomedical waste cannot be stored beyond 48 hours. If longer storage is necessary, the
occupier must inform the State Pollution Control Board (SPCB) and take measures to ensure no
adverse effect on human health or the environment.

5. Transportation:

 Biomedical waste must be transported in dedicated vehicles authorized by the SPCB/Pollution

Control Committee (PCC).
 Vehicles must be properly labeled with the biohazard symbol.
 The waste must be securely packaged to prevent spills or leaks during transit.
 Many regulations now require a bar-code system for tracking biomedical waste bags or containers
from the HCF to the Common Biomedical Waste Treatment Facility (CBWTF). GPS tracking for
transportation vehicles is also being implemented.

6. Treatment and Disposal:

 Common Biomedical Waste Treatment Facilities (CBWTFs): The rules strongly promote the use of
CBWTFs. An HCF is generally not allowed to establish an on-site treatment facility if a CBWTF is
available within 75 kilometers.
 On-site Treatment (if CBWTF not available): If a CBWTF is not available within the specified
distance, HCFs must set up their own requisite treatment equipment like incinerators, autoclaves, or
microwave systems, along with shredders.
 Specific Treatment Methods:

 Incineration/Plasma Pyrolysis: For yellow category waste. Strict emission standards for
pollutants like dioxins and furans.
 Autoclaving/Microwaving/Hydroclaving: For red and white category waste, followed by
shredding/mutilation to prevent reuse.
 Chemical Disinfection: For liquid chemical waste, pre-treatment or neutralization is required
before mixing with other effluents.
 Deep Burial: Only for specific waste in rural/remote areas, as an interim measure.
  Ash Disposal: Ash from incineration must be disposed of in a common hazardous waste
treatment and disposal facility or municipal landfill if toxic metals are within regulatory limits.

 Mercury Waste: Dental amalgam waste, old mercury thermometers, sphygmomanometers, and
other mercury-containing equipment must be collected and disposed of in designated mercury
waste collection facilities. Phasing out mercury-containing instruments is encouraged.

7. Authorization and Compliance:

 Every occupier (HCF) and operator (CBWTF) handling biomedical waste must obtain
authorization from the respective SPCB/PCC.
 The validity of authorization is synchronized with the validity of consent orders under the Water
(Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution)
Act, 1981.

Duties of Occupier (HCF):

i. Ensure proper segregation, collection, storage, and timely delivery of waste to CBWTF.
ii. Phase out chlorinated plastic bags, gloves, and blood bags within two years of the rules'
notification (this timeline has already passed).
iii. Provide training to all healthcare workers and others involved in waste handling.
iv. Immunize all workers against Hepatitis B and Tetanus.
v. Maintain a day-to-day biomedical waste management register and display monthly records on
their website (for bedded HCFs).
vi. Report major accidents to the prescribed authority.
vii. Establish a Bar-Code System for waste bags/containers.

Duties of Operator (CBWTF):

i. Ensure timely collection of biomedical waste from HCFs.

ii. Operate and maintain the treatment facility as per standards.
iii. Establish bar coding and GPS for handling within one year (this timeline has already passed).
iv. Assist HCFs in training workers.
v. Upgrade existing incinerators to meet new standards.

8. Record Keeping and Reporting:

i. Every occupier must submit an annual report to the prescribed authority by June 30th of every
year.
ii. The prescribed authority (SPCB/PCC) compiles, reviews, analyzes, and reports to the Central
Pollution Control Board (CPCB) by July 31st.
iii. The CPCB then submits a report to the Ministry of Environment, Forest & Climate Change
(MoEF&CC) by August 31st.
iv. These reports are generally made available on the websites of the occupier, SPCB, and CPCB.

9. Penalties for Non-Compliance: Non-compliance with the rules can lead to fines, legal action under
the Environment (Protection) Act, 1986, and even closure of the facility.
Offences by Companies and Government departments

Page no 256 – section 16 and 17

Offences by companies

Under the Environment (Protection) Act, 1986 (EPA), companies can be held liable for a variety of
environmental offences, including:

1. Failing to comply with any provision of the EPA or any rule or order made thereunder.
2. Discharging any pollutant into the environment without obtaining the required consent or in
violation of the terms and conditions of such consent.
3. Causing environmental damage or pollution.

If a company is found guilty of an environmental offence, it can be punished with a fine of up to Rs. 1
lakh, or with imprisonment of up to 5 years, or with both. The court may also order the company to take
steps to repair or restore the environment.

In addition to the EPA, there are a number of other environmental laws in India that contain provisions
for offences by companies. For example, the Water (Prevention and Control of Pollution) Act, 1974 and
the Air (Prevention and Control of Pollution) Act, 1981 both contain provisions for offences by
companies that pollute water and air, respectively.

Offences by Government Departments under Environment Laws in India

Government departments can also be held liable for environmental offences under the EPA and other
environmental laws. For example, if a government department fails to comply with the provisions of the
EPA or any other environmental law, or if it causes environmental damage or pollution, it can be
punished with a fine of up to Rs. 1 lakh, or with imprisonment of up to 5 years, or with both.

In addition to the EPA and other environmental laws, government departments can also be held liable
for environmental offences under the Indian Penal Code (IPC). For example, if a government department
pollutes water or air, it can be prosecuted under Section 277 of the IPC.

Recent Cases of Environmental Offences by Companies and Government Departments in India

In recent years, there have been a number of cases of environmental offences by companies and
government departments in India. For example, in 2021, the National Green Tribunal (NGT) imposed a
fine of Rs. 100 crore on the Adani Group for environmental violations at its coal mine in Odisha. In the
same year, the NGT also imposed a fine of Rs. 5 crore on the Uttar Pradesh government for failing to
prevent the pollution of the Yamuna River.

Conclusion - Environmental offences by companies and government departments are a serious problem
in India. These offences can cause significant damage to the environment and to human health. The
Indian government has taken a number of steps to address this problem, including enacting
environmental laws and establishing environmental courts. However, more needs to be done to enforce
environmental laws and to hold companies and government departments accountable for their actions.

ENVIRONMENTAL IMPACT ASSESSMENT – EIA

The Environment Impact Assessment (EIA) is a process used to evaluate the potential environmental
effects of a proposed project or development before it is carried out. Its significance lies in ensuring that
environmental concerns are considered in decision-making, promoting sustainable development while
minimising ecological harm. This article aims to study in detail the evolution, principles, processes, and
significance of Environmental Impact Assessment (EIA).

In other words, it is the formal process used to predict the environmental consequences (positive or
negative) of a plan, policy, program, or project before deciding whether to proceed with the proposed
action.

UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify a project’s
environmental, social, and economic impacts prior to decision-making.

EIA NOTIFICATION, 2006

In India, the EIA process is governed by the EIA Notification, 2006 issued under the Environment
(Protection) Act, 1986. It mandates that certain categories of projects—such as mining, thermal power
plants, infrastructure, and industries—must obtain environmental clearance before starting.

The objectives of Environmental Impact Assessment (EIA) include:

1. To assess potential impacts of proposed projects on the environment, including land, water, air, and
biodiversity.
2. To provide a systematic framework for decision-makers to evaluate the environmental implications
of projects.
3. To identify measures to prevent, reduce, or compensate for negative environmental impacts.
4. To ensure that development projects align with sustainable practices and contribute positively to
environmental and social well-being.
5. To engage stakeholders and the public in the decision-making process, fostering transparency and
community involvement.
6. To ensure that projects adhere to environmental regulations and standards.
7. To establish baseline conditions and frameworks for monitoring environmental impacts over time.

Environmental Impact Assessment in India

1. EIA started in India in 1976-77 when the Planning Commission directed the Department of Science &
Technology to assess the river valley projects from the point of view of the environment. This was
extended for all those projects that required approval from the Public Investment Board.
2. Then, in 1986, the government enacted the Environment (Protection) Act which made EIA statutory.
The other main laws in this regard are the Indian Wildlife (Protection) Act (1972), the Water Act
(1974), the Air (Prevention and Control of Pollution) Act (1981), and the Biological Diversity Act
(2002).
3. In 1982, the Ministry of Environment, Forest and Climate Change set up the Environmental
Information System (ENVIS) to collect, collate, storing, retrieving and disseminating information
 related to the environment sector. This serves as a web-based distributed network of subject-
specific databases. The chief purpose of the ENVIS is to integrate all countrywide efforts to collect,
store, disseminate, and use environment-information for better managing environmental
assessment activities.

The EIA Process

1. Screening: The project plan is screened for scale of investment, location and type of development
and if the project needs statutory clearance.
2. Scoping: The project’s potential impacts, zone of impacts, mitigation possibilities and need for
monitoring.
3. Collection of baseline data: Baseline data is the environmental status of study area.
4. Impact prediction: Positive and negative, reversible and irreversible and temporary and permanent
impacts need to be predicted which presupposes a good understanding of the project by the
assessment agency.
5. Mitigation measures and EIA report: The EIA report should include the actions and steps for
preventing, minimizing or by passing the impacts or else the level of compensation for probable
environmental damage or loss.
6. Public hearing: On completion of the EIA report, public and environmental groups living close to
project site may be informed and consulted.
7. Decision making: Impact Assessment Authority along with the experts consult the project-in-
charge along with consultant to take the final decision, keeping in mind EIA and EMP (Environment
Management Plan).
8. Monitoring and implementation of environmental management plan: The various phases of
implementation of the project are monitored.
9. Assessment of Alternatives, Delineation of Mitigation Measures and Environmental Impact
Assessment Report: For every project, possible alternatives should be identified, and
environmental attributes compared. Alternatives should cover both project location and process
technologies. Once alternatives have been reviewed, a mitigation plan should be drawn up for the
selected option and is supplemented with an Environmental Management Plan (EMP) to guide the
proponent towards environmental improvements.
10. Risk assessment: Inventory analysis and hazard probability and index also form part of EIA
procedures.

A.P. Pollution Control Board v. M.V. Nayudu

The Supreme Court emphasized the Precautionary Principle and need for expert environmental
assessment before granting clearances. The court recognized EIA as a critical process in balancing
development and environmental protection.

Vellore Citizens’ Welfare Forum v. Union of India (1996)

The issue was Pollution by tanneries without environmental planning or impact assessment. The Court
applied the Precautionary Principle and Polluter Pays Principle. And the court highlighted the need for
EIA to prevent environmental damage from industrial activity.

DIFFERENT CATEGORIES OF DELEGATED LEGISLATION UNDER ENVIRONMENTAL

PROTECTION ACT
https://egyankosh.ac.in/bitstream/123456789/90431/1/Unit-4.pdf

The Environment (Protection) Act, 1986 (EPA), being an "umbrella legislation," grants significant powers
to the Central Government to protect and improve the environment. A crucial aspect of its
implementation is delegated legislation, also known as subordinate legislation. This allows the executive
branch (the Central Government and its agencies) to create detailed rules, regulations, orders, and
notifications to effectively carry out the broad objectives of the Act, without Parliament having to
legislate on every minute detail.

The EPA, particularly Section 25, explicitly empowers the Central Government to make rules for various
matters related to environmental protection. These rules then form the core of delegated legislation
under the Act.

While there isn't a rigid, formal "categorization" of delegated legislation specifically under the EPA in
terms of distinct legal types (like "primary" vs. "secondary" legislation), we can understand the different
forms or purposes of delegated legislation issued under the EPA.

Delegated legislation is also known as secondary legislation, is a form of law that allows an individual or
body under powers conferred to them by an Act of Parliament to make laws. These individualities or
bodies could include government ministers, original authorities, or pots.

Indian Oil Corporation v. Municipal Corporation, Jullundhar that any delegated law must be in harmony
with the parent act and should not contradict relevant legislative policies. It was made clear that a
delegate should not have greater legislative authority than any other delegate.

Here are the main categories or forms of delegated legislation under the Environmental Protection Act,
1986:

Rules: These are the most common and comprehensive form of delegated legislation under the EPA.
They lay down detailed provisions for the implementation of the Act. Many crucial environmental
regulations in India are in the form of "Rules."

Purpose: To fill in the details and provide the operational framework for the broad principles laid down
in the main Act.

Examples:

1. Environment (Protection) Rules, 1986: These are the foundational rules, setting out standards for
quality of air, water, soil, maximum allowable limits of pollutants, procedures for handling
hazardous substances, and environmental laboratories.
2. Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: These
rules provide a comprehensive framework for the management of hazardous waste, including its
generation, collection, storage, transport, treatment, and disposal.
3. Bio-Medical Waste Management Rules, 2016: As discussed in the previous response, these rules
specifically govern the handling and disposal of biomedical waste.
4. E-Waste (Management) Rules, 2022: These rules address the collection, dismantling, recycling, and
disposal of electronic waste.
5. Plastic Waste Management Rules, 2016: These rules focus on the management of plastic waste,
including its segregation, collection, processing, and disposal.
6. Construction and Demolition Waste Management Rules, 2016: These rules regulate the
management of waste generated from construction and demolition activities.
7. Solid Waste Management Rules, 2016: These rules cover the management of municipal solid waste.
8. Wetland (Conservation and Management) Rules, 2017: These rules provide a regulatory framework
for the protection and conservation of wetlands.

Notifications: Notifications are generally used to:

 Bring specific provisions of the Act into force: For example, Section 1(3) of the EPA allows the
Central Government to notify the date from which the Act or different provisions thereof will
come into force in different areas.
 Declare specific areas as ecologically sensitive zones: The Central Government can notify areas
as Eco-Sensitive Zones (ESZs) around protected areas, restricting certain activities.

Issue specific directions or impose prohibitions/restrictions:

 Coastal Regulation Zone (CRZ) Notifications: These are highly significant notifications that regulate
developmental activities along the coastal stretches of India. There have been several CRZ
notifications over the years (e.g., 1991, 2011, 2018), each providing detailed rules for managing
coastal areas.
 Environmental Impact Assessment (EIA) Notifications: These notifications mandate environmental
clearance for various developmental projects based on their potential environmental impact. The
EIA Notification of 2006 (and subsequent amendments) is a key example.

Appoint authorities or delegate powers: The Central Government can use notifications to appoint
officers, establish authorities, or delegate its powers and functions under the Act to State Governments
or other authorities (as per Section 23 of the EPA).

Orders: Orders are generally specific directives issued by the Central Government or delegated
authorities to particular persons, industries, or for specific situations. They might be issued under
Section 5 of the EPA, which grants the Central Government the power to issue directions.

 Purpose: To enforce compliance, prohibit certain activities, or require specific actions.

 Examples: Orders for closure of polluting industries, orders to install specific pollution control
devices, or directives for remedial measures in case of environmental accidents.

Schemes: The EPA also allows for the framing of schemes for environmental protection.

 Purpose: To implement specific programs or initiatives for environmental management.

 Example: The Environment (Siting of Industrial Projects) Scheme, 1999, though it is more of a
guideline now, illustrates how schemes can be formulated under the EPA for specific environmental
planning.

ECO-MARK SCHEME
INTRODUCTION
Eco mark is a certification mark issued by the Bureau of Indian standard for products which are
ecologically safe and adheres to the standards prescribed by the BIS. It is issued by the ministry of
Environment & forests. Products that meet the prescribed environmental criteria, as well as quality
standards set by BIS, Will be issued the ECOMARK LABEL.

Eco-mark is a voluntary labelling technique that allows consumers to quickly identify environmentally
friendly items. An ecologically friendly product, according to the Eco-mark programme, is any product
that is created, used, or disposed of in a way that considerably decreases the harm it would otherwise
do to the environment.

ECO MARK SCHEME

The EcoMark Scheme, initiated by the Government of India in 1991 and administered by the Bureau of
Indian Standards, is designed to label environmentally beneficial products. This scheme operates on a
purely voluntary basis, offering a means to identify environmentally friendly products in the market,
with the 'Matka' or earthen pot symbol representing the EcoMark in India. It is awarded to a range of
Indian products, spanning categories like food, pharmaceuticals, chemicals, electrical goods, paper,
lubricating oils, and packaging materials. The Ministry of Environment, Forests, and Climate Change
oversees the EcoMark program, and products displaying both the ECO Logo and the ISI Mark indicate
their compliance with specific environmental standards and quality requirements as stipulated in the
relevant Indian Standard.

 The Government of India has established the ECO Mark programme for designating environmentally
beneficial items.
 The Bureau of Indian Criteria (BIS) issues the Eco-mark as a certification mark for items that are
environmentally friendly and meet the BIS's standards.
 The Ministry of Environment, Forests and Climate Change is in charge of the Eco-mark system. The
system was initially implemented in 1991.
 Eco-Mark aids in the identification of environmentally friendly items on the market.
 The mark is issued in about 16 categories, including food, medications, chemicals, electrical items,
paper, lubricating oils, packaging materials, and so on.
 The initiative is one of India's first attempts at environmental norms, having been initiated in 1991,
even before India's participation in the Rio Summit in 1992.
 The presence of the ECO Logo in conjunction with the ISI Mark on a product indicates that it meets
certain environmental criteria as well as the Quality requirements specified in the relevant Indian
Standard.

Features of Eco Mark Scheme

1. The ECO Mark Scheme applies across the country and awards certification to items that meet
environmental requirements and the quality levels established in the appropriate Indian Standards.
2. BIS added ECO Mark criteria to the pertinent Indian Standards to run the scheme.
3. Manufacturers apply for testing and certification of products that fit into the recognised categories
in terms of conformity with published environmental standards in the prescribed form under the
Eco mark programme.
4. The Bureau of Indian Standards Act, Rules, and Regulations made thereunder shall regulate the
terms and circumstances controlling the operation of the license. The Bureau of Indian Standards
 Act, 2016, and the rules enacted thereunder hold the terms and circumstances that govern licence
operations, including fees.
5. The BIS will be in charge of testing and certification.
6. The BIS will usually finish the certification job within three months for product categories that bear
the Indian Standards mark.

Eco Mark - Objectives

1. To provide an incentive for manufacturers and importers to lessen the negative environmental
effect of their products.
2. To recognise and reward firms who take positive steps to decrease the negative environmental
effect of their goods.
3. Encourage customers to be more environmentally conscious in their daily lives and to consider
environmental considerations before making a buying choice.
4. To encourage citizens to use ecologically friendly items.
5. To increase environmental quality and support resource management that is sustainable.

Eco Mark - Certificate & Licensing

Manufacturers apply for ecomark certification. The certification label is done for testing and
certification. BIS is the authority that handles the certification process of products. Once the product has
a label, it may display the ECOMARK label for the specified period before requesting a license to use the
mark. The award is presented for a one-year minimum duration. If the BIS discovers any false
information, they have the power to cancel the award. In the event of technological advancement or for
any other justified reason, it may also withdraw the prize.

Functions of the Eco Mark Scheme

1. The BIS Act establishes the parameters under which the ECOMark operates, including fees and other
factors.
2. Assessing the product for the ECOMark and certifying it for the symbol of Eco Mark.
3. The license can be renewed, suspended, or canceled.
4. EcoMarks helps in identifying eco-friendly products in the market.
5. Except for leather, all items eligible for ECO certification must also bear the ISI Mark for safety,
quality, and performance.
6. Products are only permitted to bear the ECO Mark for a limited time and are subject to review
afterward.
7. To guarantee the successful implementation of the system, the BIS must conduct inspections
8. BIS collects samples to analyze any commodity or substance bearing the ECO Mark.

Criteria of the Eco Mark Scheme

The significant environmental consequences of the goods that are up for certification will be assessed:

1. Compared to comparable items in consumption, manufacture, and disposal, they have significantly
lower pollution potential.
2. They’re constructed of recycled or biodegradable materials or recycled or recyclable.
3. They contribute significantly to the preservation of nonrenewable resources.
4. They must help reduce the negative primary criterion with the greatest environmental effect when
the product is used

OBJECT AND REASONS FOR THE ENACTMENT OF ENVIRONMENTAL PROTECTION ACT,

1986

India’s original Constitution did not contain any provision for the protection of the natural environment.
However, the Fundamental Duties, which were added by the 42nd Amendment to the Constitution,
prescribed the protection of the environment including forests, lakes, rivers and wildlife as a duty of the
citizens of the country. This amendment also added new Directive Principles of State Policy, one of
which was Article 48A, which directed the State to protect and improve the environment and to
safeguard forests and wildlife.

The chief aims and objectives of the Environment Protection Act, 1986 are

1. Implementing the decisions made at the United Nations Conference on Human Environment
held in Stockholm.
2. Creation of a government authority to regulate industry that can issue direct orders including
closure orders.
3. Coordinating activities of different agencies that are operating under the existing laws.
4. Enacting regular laws for the protection of the environment.
5. Imposing punishments and penalties on those who endanger the environment, safety and
health. For each failure or contravention, the punishment includes a prison term of up to five
years or a fine of up to Rs. 1 lakh, or both. This can also be extended for up to seven years in
cases.
6. Engaging in the sustainable development of the environment.
7. Attaining protection of the right to life under Article 21 of the Constitution.

The Environment Protection Act is called an 'Umbrella Act' because of the following reasons:

1. It establishes the basic framework for planning and executing large-scale strategies to protect and
improve the overall environment, rather than focusing on specific aspects.
2. It provides for coordination between the Central government, state government, and authorities
that are established under various other legislations related to the environment.
3. It fills the lacuna created by several other distinct legislations like the Water Act and Air Act. It
connects them together and makes them more effective.
4. It is broad and comprehensive legislation that covers the definitions, powers, and responsibilities of
the central government towards the environment, and penal provisions as well.

REASONS FOR ITS ENACTMENT

1. International Commitments
The Environment (Protection) Act, 1986 was a response to India’s commitment made at the United
Nations Conference on the Human Environment, 1972 (Stockholm Conference). This global summit
emphasized the urgent need for nations to enact laws to protect the environment. As a participant,
India pledged to take legislative action to preserve and improve the environment, which led to the
drafting of a comprehensive law that could address emerging ecological challenges.

2. Bhopal Gas Tragedy

The Bhopal Gas Disaster of 1984, caused by the leakage of methyl isocyanate gas from a pesticide plant,
resulted in thousands of deaths and injuries. This incident exposed the inadequacy of existing
environmental and industrial safety regulations in India. It served as a wake-up call, compelling the
government to enact a powerful legal framework with preventive and punitive measures to deal with
such disasters and protect public health and the environment.

3. Lack of Overarching Environmental Legislation

Before 1986, environmental laws in India were sectoral and scattered, such as the Water Act (1974) and
the Air Act (1981). There was no comprehensive law that dealt with all aspects of the environment,
including land, water, air, and biodiversity. The Environment (Protection) Act filled this gap by serving as
umbrella legislation, empowering the central government to take holistic measures for environmental
protection.

4. Sustainable Development
The Act was enacted in line with the principle of sustainable development, which aims to balance
economic growth with environmental protection. It acknowledges that development must not come at
the cost of irreversible ecological damage. The Act provides the legal basis for environmental impact
assessments (EIA) and regulatory mechanisms that ensure natural resources are used efficiently and
responsibly.

5. Coordination and Authority

There was a clear need for better coordination among various environmental agencies operating at
central and state levels. The Act authorizes the Central Government to coordinate actions, establish
environmental authorities, and issue directions to industries and local bodies. This centralized power
structure was essential for streamlining enforcement, ensuring uniformity, and avoiding conflicts
between different regulatory bodies.

6. Addressing Environmental Concerns

With increasing industrialization and urbanization, India was facing widespread environmental
degradation—including air and water pollution, deforestation, and loss of biodiversity. The Act
empowered the government to set environmental standards, monitor compliance, restrict polluting
activities, and impose penalties for violations. It also enables authorities to take immediate action in
case of environmental hazards or emergencies.

7. Protecting Human Beings, Other Living Creatures, Plants, and Property

One of the key objectives of the Act is to prevent environmental hazards that could endanger human
life, wildlife, plant species, and public or private property. By controlling the release of hazardous
substances and regulating industrial activities, the Act aims to preserve ecological integrity and ensure
the well-being of all forms of life.

SIGNIFICANCE OF ENVIRONMENTAL PROTECTION ACT, 1986

The Environment (Protection) Act, 1986 is one of the most comprehensive environmental legislations in
India. Enacted in the aftermath of the Bhopal Gas Tragedy, the Act was designed to address growing
environmental concerns, provide a framework for environmental regulation, and implement India's
international obligations from the 1972 Stockholm Conference. Its significance lies in its wide scope,
strong enforcement mechanisms, and empowering provisions for environmental protection.

1. Comprehensive Umbrella Legislation

The Act is often called as "umbrella legislation" because it fills the gaps left by earlier laws such as:
 Water (Prevention and Control of Pollution) Act, 1974
 Air (Prevention and Control of Pollution) Act, 1981
 Wildlife Protection Act, 1972
it integrates various environmental concerns and provides a unified legal framework to protect
air, water, land, and ecosystems.

2. Centralized Power to the Government

The Act vests the Central Government with broad powers to:
 Take all necessary measures to protect and improve the environment.
 Set environmental quality standards.
 Regulate industrial operations.
 Issue directions, including closure or regulation of industries.
This centralized control ensures uniform implementation and quick response to environmental
crises.

3. Preventive and Punitive Measures

The Act is both preventive and punitive:
 It allows the government to prohibit or restrict certain activities in ecologically sensitive areas.
 It prescribes strict penalties for non-compliance, including imprisonment up to 5 years and fines.
 It empowers authorities to take emergency measures in case of environmental accidents or
hazards.

4. Support for Sustainable Development

The Act lays the legal foundation for sustainable development by:
 Encouraging Environmental Impact Assessments (EIA) before starting projects.
 Promoting cleaner technologies and waste minimization.
 Balancing ecological protection with economic development.

5. Delegated Legislation and Flexibility

It allows the government to make rules, issue notifications, and prescribe standards under various
environmental contexts. This delegated legislation covers:
 Hazardous waste management.
 E-waste and biomedical waste rules.
 Plastic waste and construction waste management.
This provides flexibility to address emerging environmental challenges.

6. Environmental Standards and Monitoring

Under this Act, the government has:
 Set standards for air, water, and noise quality.
 Established procedures for the collection of samples and analysis.
  Provided for the creation of environmental laboratories and appointment of government
analysts.

7. Public Awareness and Citizen Participation

Though the Act itself does not explicitly mention citizen participation, its implementation—especially
through tools like Environmental Impact Assessments (EIAs)—involves public hearings. This promotes
transparency and public engagement in environmental decision-making.

8. Foundation for Future Environmental Laws

The 1986 Act has served as a legal foundation for several future environmental rules and policies, such
as:
 EIA Notification, 2006
 Rules for waste management (plastic, hazardous, e-waste, etc.)
 Coastal Regulation Zone (CRZ) notifications
Thus, it plays a continuing role in shaping environmental governance in India.

9. Protection of Life and Property

By empowering the government to regulate dangerous substances and industrial processes, the Act
ensures protection not only of the natural environment, but also of human health, animal life, and
property.

The Environment (Protection) Act, 1986 is a milestone in Indian environmental law. Its comprehensive
nature, strong enforcement powers, and alignment with global standards make it a crucial tool in India's
efforts to combat pollution, protect natural resources, and ensure a healthy environment for current
and future generations.

CENTRAL GOVERNMENT CAN TAKE SUCH MEASURES AS IT DEEMS NECESSARY FOR THE PURPOSE
OF IMPROVING QUALITY OF ENVIRONMENT - DISCUSS

The Environment (Protection) Act, 1986 authorizes the central government to protect and improve
environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting
and /or operation of any industrial facility on environmental grounds. The Environment (Protection) Act
was enacted in 1986 with the objective of providing for the protection and improvement of the
environment.

It empowers the Central Government to establish authorities charged with the mandate of preventing
environmental pollution in all its forms and to tackle specific environmental problems that are peculiar
to different parts of the country

General Powers of the Central Government under EPA 1986

Power of Central Government to take measures to protect and improve environment

As per the act, the Central Government shall have the power to take all such measures as it deems
necessary or expedient for the purpose of protecting and improving the quality of the environment and
preventing, controlling and abating environmental pollution. It includes:
1. Coordination of actions by the State Governments, officers and other authorities
2. Planning and execution of a nation-wide programme for the prevention, control and abatement of
environmental pollution
3. Laying down standards for the quality of environment in its various aspects
4. Laying down standards for emission or discharge of environmental pollutants from various sources
whatsoever
5. Restriction of areas in which any industries, operations or processes or class of industries,
operations or processes shall not be carried out or shall be carried out subject to certain safeguards
6. Laying down procedures and safeguards for the prevention of accidents which may cause
environmental pollution and remedial measures for such accidents
7. Laying down procedures and safeguards for the handling of hazardous substances
8. Examination of such manufacturing processes, materials and substances as are likely to cause
environmental pollution
9. Carrying out and sponsoring investigations and research relating to problems of environmental
pollution
10. Inspection of any premises, plant, equipment, machinery, manufacturing or other processes,
materials or substances and giving, by order, of such directions to such authorities, officers or
persons as it may consider necessary to take steps for the prevention, control and abatement of
environmental pollution
11. Establishment or recognition of environmental laboratories and institutes to carry out the functions
entrusted to such environmental laboratories and institutes under this Act
12. Collection and dissemination of information in respect of matters relating to environmental
pollution
13. Preparation of manuals, codes or guides relating to the prevention, control and abatement of
environmental pollution

Section 4- Power to appoint officers

Section 4 authorizes the Central Government to appoint officers with such designations, powers, and
functions as it thinks fit. The officers appointed shall be under the control and direction of the
government or any authority empowered by it.

Section 5- Power to give directions

As per Section 5, the Central Government has got the power to issue directions in writing to any person,
officer, or any authority, which shall be binding on such person, officer, or authority.
These directions could be related to matters as follows:
1. To close, prohibit, or regulate any industry, operation, or process; or
2. To stop or regulate the supply of electricity, water, or any other service.

Section 6- Power to lay down rules to regulate environmental pollution

The Central Government has also been authorised to frame rules on the matters mentioned in Section 3
of this Act. Some of these matters include:
1. The standards of quality of air, water, or soil.
2. The maximum allowable limits of environmental pollutants (including noise).
3. The procedures and safeguards for the handling of hazardous substances.
4. The prohibition and restrictions on the handling of hazardous substances.
5. The prohibition and restrictions on the location of industries, operations, and processes.
6. The procedures and safeguards for the prevention of accidents likely to cause pollution and provide
for remedial measures for such accidents.

Section 10- Power of entry and inspection

Under this Section, any person authorised by the Central Government has the right to enter any place,
at reasonable times with some assistance for the following purposes:

1. To perform any function entrusted by the Government

2. To determine whether and how such functions are to be performed, or whether the provisions of
this Act, rules made under any notice, order, direction, or authorisation granted has been complied
with,
3. To examine and test any equipment, industrial plant, record, register, document, or any other
materials object.
4. To conduct a search in my building where there is reason to believe that an offence under the Act
has been committed.
5. To seize any such equipment, industrial plant, record, register, document, or other material objects
if there is reason to believe that it would serve as evidence for the offence committed or that the
seizure is necessary to mitigate the pollution.

Also, any person carrying on such industry, process, or operation which involves handling of hazardous
substances must render all the assistance required to the person empowered by the Central
Government for inspection. Failure to provide the assistance without any reasonable cause, or wilfully
delays or obstructs that person shall be guilty of an offence under this Act. Also, for such search and
seizure, provisions of the Code of Criminal Procedure, 1973 or any corresponding law in force shall be
applicable.

Section 11-Power to take sample and procedure to be followed

Section 11 empowers the State Government or any officer authorised by it to take the samples of air,
water, soil, or other substances from the premises of any factory.

The procedure prescribed for sample taking is as follows:

1. The person taking the sample must serve a notice of his intention to take the sample to the person
in charge of the place.
2. The sample must be taken in the presence of the person in charge or his agent.
3. The sample must be placed in a container or containers, which shall be marked and sealed.
Thereafter, it shall be signed by both the person taking the sample and the person in charge or his
agent.
4. The container then must be sent to the laboratory established under Section 12.
5. In case the person in charge or his agent willfully absents himself or refuses to sign the containers,
the containers must be sealed, marked, and signed by the person taking the sample and must be
sent to the laboratory. The government analyst must be informed in writing about the wilful
absence or refusal to sign.

Any analysis taken without following the procedure prescribed would not be admissible as valid
evidence in any legal proceedings.
Section 20- Power to ask for information, reports, or returns
For the purpose of performing its functions under the Act, the Central Government has the power to ask
for any reports, returns, statistics, accounts, and other information from any person, officer, state
government, or any authority, which shall be bound to do so.

Section 23- Power to delegate

The Central Government is also authorised to delegate its powers under the Act, except the power to
appoint authorities under Section 3(3) and to make rules under Section 25, to any officer, state
government, or other authority. However, such delegation shall be subject to the requisite limitations
and conditions, as may be specified in the notification in the Official Gazette.

Section 25- Power to make rules

To carry out the purposes of this Act, the central government may frame rules on the following matters:

1. The standards of environmental pollutants, beyond which the emission or discharge is prohibited
under Section 7;
2. The procedure and safeguards for the handling of hazardous substances under Section 8;
3. The authority which is to be intimated about the occurrence or apprehension of occurrence of
discharge of any pollutants in excess of the prescribed standards;
4. The manner in which samples of air, water, soil, or any other substance are to be taken under
Section 11(1);
5. The form in which the notice of intention to take a sample for analysis is to be served under Section
11(3) (a).
6. The functions, procedures, and fees payable to environmental laboratories;
7. The qualifications of the Government Analyst appointed under Section 13;
8. The manner in which the notice of offence and the intention to make a complaint is to be given
under Section 19(b);
9. The authority or officer who is required to submit the reports, information, or returns to the Central
Government under Section 20;
10. Any other matter of concern, as may be prescribed.

PLASTIC MANUFACTURE AND USAGE RULES, 1999

https://faolex.fao.org/docs/pdf/ind40635.pdf

COASTAL REGULATION ZONE NOTIFICATION, 1991

https://testbook.com/ias-preparation/coastal-regulation-zone-crz
https://byjus.com/free-ias-prep/coastal-regulation-zone/

UNIT 4

EXPLAIN SALIENT FEATURES OF WILD LIFE PROTECTION ACT, 1972

 The Indian Parliament enacted the Wildlife (Protection) Act in 1972, which provides for the safeguarding
and protection of the wildlife (flora and fauna) in the country. This Act provides for the protection of the
country’s wild animals, birds, and plant species, in order to ensure environmental and ecological
security.

The Act includes various schedules that classify different species based on their level of protection and
conservation status. It also establishes protected areas, permits the declaration of wildlife sanctuaries
and national parks, and regulates activities related to wildlife. The Wildlife Protection Act 1972 plays a
crucial role in safeguarding India's rich biodiversity.

Constitutional Provisions for the Wildlife Act

Article 48A of the Constitution of India directs the State to protect and improve the environment and
safeguard wildlife and forests. This article was added to the Constitution by the 42nd Amendment in
1976.
Article 51A imposes certain fundamental duties for the people of India. One of them is to protect and
improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for
living creatures.

The Wildlife (Protection) Act, 1972, is a cornerstone of environmental legislation in India, offering a
comprehensive framework for the protection of flora and fauna. Here are its salient features, along with
relevant sections where applicable:

I. Core Principles and Definitions:

 Preamble/Objective: The Act's primary objective is to provide for the protection of wild animals, birds,
and plants, and for matters connected therewith or ancillary or incidental thereto. 1 It aims to ensure
environmental and ecological security.
 Extent and Commencement (Section 1): The Act extends to the whole of India (with certain historical
exceptions that have since been removed). It empowers the Central Government to appoint different
dates for its commencement in various states or for different provisions.
 Definitions (Section 2): This crucial section defines key terms such as "animal" (including amphibians,
birds, mammals, reptiles, and their young, and in the case of birds and reptiles, their eggs), "animal
article," "hunting," "trophy," "uncured trophy," "vermin," and "wildlife" itself (including land or aquatic
vegetation that forms part of any habitat).

II. Authorities and Administration:

 Appointment of Director and Other Officers (Section 3): Empowers the Central Government to appoint
a Director of Wildlife Preservation and other necessary officers and employees for the purpose of the
Act.
 Appointment of Chief Wildlife Warden and Other Officers (Section 4): Empowers the State
Government to appoint a Chief Wildlife Warden, Wildlife Wardens, and Honorary Wildlife Wardens for
each district, along with other officers and employees. The Chief Wildlife Warden holds significant
power and responsibility for implementing the Act in the state.
 Constitution of National Board for Wildlife (Section 5A): Establishes the NBWL as a statutory body.

o Functions of the National Board (Section 5C): Advises the Central Government on policies for wildlife
conservation, review and approves projects in protected areas, and promotes wildlife and forest
development. It is chaired by the Prime Minister.
 Constitution of State Board for Wildlife (Section 6): Provides for the formation of a State Board for
Wildlife in each state/UT to advise the state government on wildlife conservation matters.

Central Zoo Authority (Chapter IV-A, Sections 38A to 38J):

o Constitution of Central Zoo Authority (Section 38A): Establishes the CZA as the central body for the
oversight of zoos in India.
o Functions of the Authority (Section 38C): Includes recognizing and de-recognizing zoos, laying down
standards for their management, and regulating the acquisition and transfer of wild animals by zoos.
o Recognition of Zoos (Section 38H): Stipulates that no zoo can operate without recognition from the CZA.

National Tiger Conservation Authority (NTCA) (Chapter IV-B, Sections 38K to 38Z):

o Constitution of National Tiger Conservation Authority (Section 38L): Creates the NTCA as a statutory
body.
o Powers and Functions of Tiger Conservation Authority (Section 38-O): Mandated to strengthen tiger
conservation in India, provide statutory authority to Project Tiger, and oversee various aspects of tiger
reserve management.

III. Protected Areas:

 Declaration of Sanctuaries (Section 18): Empowers the State Government to declare any area as a
wildlife sanctuary if it considers it suitable for the protection and conservation of wildlife.
 Declaration of National Parks (Section 35): Empowers the State Government to declare an area as a
National Park for the purpose of protecting, propagating, or developing wildlife. National Parks generally
have a higher degree of protection and fewer human activities allowed than sanctuaries.
 Conservation Reserves and Community Reserves (Sections 36A & 36C): These categories, added
through amendments, allow for protection of areas that may not qualify as sanctuaries or national
parks, often involving local community participation.
 Closed Area (Section 37): Provides for the declaration of areas where hunting is prohibited.

IV. Protection of Wild Animals and Plants:

 Prohibition of Hunting (Section 9): This is a cornerstone of the Act, generally prohibiting the hunting of
any wild animal specified in the schedules.
 Hunting of Wild Animals to be Permitted in Certain Cases (Section 11): Provides limited exceptions to
the hunting prohibition, primarily for self-defense or to prevent an animal from causing death or
disability. Such hunting requires specific permission from the Chief Wildlife Warden.
 Grant of Permit for Special Purposes (Section 12): Allows for permits for hunting for scientific research,
scientific management, or collection of specimens for recognized institutions.
 Six Schedules of Protection: The Act originally established six schedules that categorize species based on
their conservation status and the level of protection afforded to them.

1. Schedule I & Schedule II (Part II): Offer absolute protection. Hunting, trade, or any other form of
exploitation of species listed here (e.g., Tiger, Elephant, Great Indian Bustard) attracts the maximum
penalties under the Act.
2. Schedule III & Schedule IV: Provide protection to other species, but with comparatively lower
penalties for offenses.
3. Schedule V: Lists animals declared as "vermin" (e.g., common crows, rats, mice), which may be
hunted (though amendments have reduced the number of species in this category and the ability to
declare new ones).
4. Schedule VI: Deals with the protection of specified plants, regulating their cultivation, possession,
sale, and transport.
o Note on Amendments: Recent amendments (like the 2022 amendment) have streamlined the
schedules, reducing the total number and aligning them with CITES. The exact number and content of
schedules can vary with amendments.

 Prohibition of Trade or Commerce in Wild Animals, Animal Articles, and Trophies (Section 44
onwards): Regulates and largely prohibits commercial trade in wild animals and products derived from
them, with strict licensing requirements for exceptions.
 Wild Animals, etc., to be Government Property (Section 39): Declares that all wild animals (other than
vermin), trophies, and animal articles are government property.
 Seizure and Forfeiture of Property (Chapter V-A, Sections 58A to 58Y): Provides for the seizure and
forfeiture of property (including vehicles, weapons, and illegal wildlife products) used in the commission
of offenses under the Act.

V. Offences and Penalties:

 Penalties (Section 51): Stipulates rigorous penalties, including imprisonment and substantial fines, for
violations of the Act's provisions. Offences related to Schedule I or Part II of Schedule II species generally
attract the highest penalties.
 Cognizance of Offences (Section 55): Specifies who can take cognizance of offenses under the Act (e.g.,
Chief Wildlife Warden, authorized officers, police officers).
 Power of Entry, Search, Arrest and Detention (Section 50): Grants powers to authorized officers to
enter, search premises, arrest individuals, and detain property in connection with offenses under the
Act.

VI. Miscellaneous Provisions:

 Power to Compound Offences (Section 54): Allows for the compounding of certain offenses, where a
penalty can be paid to avoid prosecution, typically for less severe violations.
 Protection of Action Taken in Good Faith (Section 60): Protects officers and authorities from legal
proceedings for actions taken in good faith under the Act.

The Wildlife Protection Act, 1972, has been amended several times since its enactment to strengthen its
provisions and adapt to emerging conservation challenges, making it a dynamic and crucial piece of
legislation for India's wildlife heritage.
Protected Areas under the Wildlife Protection Act
There are five types of protected areas as provided under the Act. They are described below.
1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and abused wildlife is
allowed to live in peace in their natural environment without any human intervention.”
Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); Vedanthangal Bird Sanctuary in Tamil
Nadu (oldest bird sanctuary in India); Dandeli Wildlife Sanctuary (Karnataka).
2. National Parks: “National Parks are the areas that are set by the government to conserve the
natural environment.”
Examples: Bandipur National Park in Karnataka; Hemis National Park in Jammu & Kashmir; Kaziranga
National Park in Assam. See more on the List of National Parks in India.
3. Conservation Reserves: The State government may declare an area (particularly those adjacent to
sanctuaries or parks) as a conservation reserve after consulting with local communities.
4. Community Reserves: The State government may declare any private or community land as a
community reserve after consultation with the local community or an individual who has
volunteered to conserve the wildlife.
5. Tiger Reserves: These areas are reserved for the protection and conservation of tigers in India. They
are declared on the recommendations of the National Tiger Conservation Authority.

Here are the bodies established under the WPA 1972:

1. National Board for Wildlife (NBWL): The NBWL is a statutory body that advises the government on
wildlife conservation. The Prime Minister chairs it. It has 30 members.
2. State Board for Wildlife (SBWL): The SBWL is a statutory body. It advises the state government on
wildlife conservation. The Chief Minister chairs it. It has 25 members.
3. Central Zoo Authority (CZA): The CZA is a statutory body that regulates zoos in India. A Director-
General heads it, and it has 10 members.
4. National Tiger Conservation Authority (NTCA): The NTCA is a statutory body set up by the GoI in
2005 on the recommendations of the Tiger Task Force. It coordinates and monitors the conservation
of tigers in India. A Director-General heads it, and it has 10 members. The Union Environment
Minister chairs it.
5. Tiger and Other Endangered Species Crime Control Bureau (TSECCB): The TSECCB is a statutory
body. It investigates and prosecutes crimes related to the poaching and trafficking of tigers and
other endangered species. A Director-General heads it and has 100 officers.

DEFINE WATER POLLUTION. EXPLAIN THE FUNCTIONS OF WATER POLLUTION ACT, 1974

The Water (Prevention and Control of Pollution) Act, 1974 is a comprehensive legal framework enacted
by the Indian Parliament to prevent and control water pollution and to maintain or restore the
wholesomeness of water. It establishes institutional mechanisms, prescribes regulatory standards, and
empowers authorities to take action against polluters.

Section 2(F) "pollution" means such contamination of water or such alteration of the physical, chemical
or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid,
gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a
 nuisance or render such water harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants
or of aquatic organisms

Water pollution refers to the contamination of water bodies (such as lakes, rivers, oceans, groundwater,
and aquifers) by harmful substances or pathogens, making them unfit for human consumption,
agricultural use, industrial purposes, or detrimental to aquatic life and ecosystems. This contamination
typically results from human activities, leading to a degradation of water quality.

1. Prevention and Control of Water Pollution

 The Act prohibits the discharge of any poisonous, noxious, or polluting matter into any stream, well, or
land beyond prescribed standards. This includes sewage, industrial effluents, and other harmful
substances that may degrade water quality or harm public health, agriculture, aquatic life, or the
environment.
 It restricts the establishment or operation of any new outlet or discharge of sewage or trade effluent
without prior consent from the State Pollution Control Board (SPCB). Existing discharges are also
regulated and can be modified or stopped if found polluting.
 The Act empowers authorities to impose restrictions or exemptions in certain areas, allowing the State
Government to limit the application of the Act to specific zones where pollution control is critical.

2. Establishing Regulatory Bodies:

 Central Pollution Control Board (CPCB): It mandates the creation of the CPCB at the national level to
coordinate activities, advise the central government, and set national standards.
 State Pollution Control Boards (SPCBs): It requires each state to establish an SPCB, which is the primary
agency for implementing the Act within its jurisdiction.

3. Roles of Pollution Control Boards

 The Act mandates the creation of the Central Pollution Control Board (CPCB) and State Pollution Control
Boards (SPCBs) responsible for implementing the Act’s provisions.
 These Boards have the authority to:
 Monitor water quality and pollution levels.
 Inspect industrial units, sewage treatment plants, and other establishments.
 Collect samples of water, sewage, and effluents for analysis.
 Issue directions to polluters to stop or reduce pollution.
 Grant, refuse, or withdraw consent for discharges of pollutants.
 The Boards also coordinate among themselves and with the government to ensure uniform
enforcement and resolve disputes.

4. Setting Standards and Guidelines

 The CPCB prescribes water quality standards for streams, wells, and other water bodies, considering
their intended use such as drinking, irrigation, or industrial use.
 The Boards issue guidelines and codes of practice for treatment and disposal of sewage and trade
effluents to help industries and municipalities comply with pollution norms.
 5. Regulatory Powers and Enforcement

 The Act grants the Boards powers to enter premises, inspect plants and records, examine materials, and
seize evidence when violations are suspected.
 It provides for penalties including fines and imprisonment for non-compliance with the Act’s provisions,
such as illegal discharge or failure to comply with directions. Penalties can extend to several years of
imprisonment and fines up to ₹10,000 or more, with additional fines for continued violations.
 The Boards can initiate legal proceedings and seek court orders to restrain pollution activities or to
enforce compliance.

6. Monitoring, Research, and Technical Assistance

 The CPCB and SPCBs establish or recognize laboratories for scientific analysis of water samples.
 They conduct research, surveys, and investigations to understand pollution sources and develop better
control technologies.
 The Boards provide technical assistance and training to industries, local bodies, and personnel involved
in pollution control.
 They also run awareness programs to educate the public about water pollution and its prevention.

7. Financial Provisions

 The Act is supplemented by the Water (Prevention and Control of Pollution) Cess Act, 1977, which levies
a cess on water consumption by industries and local authorities. The funds collected are used to finance
the activities of the Pollution Control Boards.
 The Central and State Governments contribute to the Boards’ funds, which are audited annually to
ensure proper utilization.

8. Maintaining and Restoring Wholesomeness of Water

 The ultimate objective of the Act is to maintain or restore the wholesomeness of water, ensuring that
water bodies remain safe and usable for all legitimate purposes.
 This involves continuous monitoring, enforcement of pollution control measures, and taking emergency
actions in case of pollution incidents

9. Regulation of Industrial Discharges and Consent Mechanism

 The Act mandates that any industry or operation discharging sewage or trade effluent must obtain prior
consent from the relevant State Pollution Control Board (SPCB). Consent is granted only if the industry
complies with prescribed effluent standards and demonstrates adequate treatment facilities to prevent
pollution
 The SPCB has the authority to refuse, grant with conditions, or withdraw consent if pollution standards
are violated or if the industry fails to comply with directions.
 The Act empowers the closure or prohibition of any industry, process, or operation found violating
pollution norms, ensuring strict regulatory control over industrial contributors to water pollution
 10. Powers of Inspection, Sampling, and Monitoring

 State Boards and their authorized officers have the power to enter any premises, inspect plants,
machinery, and records, and collect samples of water, sewage, or effluents for analysis to monitor
compliance
 The Boards can conduct surveys and investigations in suspected polluted areas and require industries or
persons to furnish information related to construction, installation, and operation of pollution-causing
establishments
 The Act also empowers the Boards to analyze samples and publish reports on water quality, supporting
transparency and accountability

11. Territorial Jurisdiction and Area-Specific Orders

 Under Section 19, the State Board can restrict the territorial application of its orders to specific areas
affected by water pollution. This means orders apply only in declared polluted zones, which can be
demarcated using maps, watersheds, or district boundaries4.
 This provision allows focused enforcement in critical pollution hotspots, optimizing resource use and
regulatory impact.

12. Penalties, Legal Recourse, and Appeals

 The Act prescribes stringent penalties for violations, including imprisonment up to six years and
fines up to ₹10,000 or more. For continuing offenses, additional daily fines can be imposed until
compliance is achieved.
 Tampering with monitoring devices such as water meters or gauges is specifically penalized under
recent amendments, with fines ranging from ₹10,000 to ₹15 lakh.
 The Act provides for the establishment of Water Appellate Tribunals and an appellate authority
where aggrieved persons can challenge orders passed by State Boards, ensuring due legal process
and fairness.

SALIENT FEATURES OF AIR ACT, 1981

The act contains, 54 sections and VII chapters

https://www.scribd.com/presentation/572138078/Salient-Features-Of-Air-Pollution-Act-1981

UNIT 3

EXPLAIN SUSTAINABLE DEVELOPMENT PRINCIPLE

https://www.legalservicesindia.com/article/1641/Sustainable-Development,-Guiding-Principles-And-
Values.html

EXPLAIN THE SIGNIFICANCE OF RIO SUMMIT AND ITS PRINCIPLES

The Rio Earth Summit, officially known as the United Nations Conference on Environment and
Development (UNCED), held in Rio de Janeiro, Brazil, from June 3-14, 1992, was a landmark event in the
history of international environmental policy and sustainable development. It was a pivotal moment
that truly put environmental issues on the global political agenda, integrating them with development
concerns.

Significance of the Rio Summit:

1. Mainstreaming Sustainable Development: The Summit firmly established the concept of

"sustainable development" (first popularized by the Brundtland Report in 1987) as a universal and
attainable goal.4 It recognized that environmental protection and socio-economic development are
not separate issues but are interdependent and must be pursued together. 5 This holistic approach
was revolutionary for its time.

2. Global Consensus and Political Commitment: It brought together an unprecedented number of

world leaders (over 170 countries), diplomats, scientists, and NGOs, demonstrating a high level of
global consensus and political commitment to address environmental challenges. This widespread
participation lent significant legitimacy and impetus to the outcomes.

3. Foundation for International Environmental Law: The Summit produced several key documents
that form the basis of much of modern international environmental law and policy:

 Rio Declaration on Environment and Development: A set of 27 principles guiding countries

towards sustainable development.
 Agenda 21: A comprehensive, non-binding action plan for sustainable development into the
21st century.
 United Nations Framework Convention on Climate Change (UNFCCC): A legally binding treaty
aimed at stabilizing greenhouse gas concentrations to prevent dangerous anthropogenic
interference with the climate system. This led to the Kyoto Protocol and later the Paris
Agreement.
 Convention on Biological Diversity (CBD): A legally binding treaty with three main goals: the
conservation of biological diversity, the sustainable use of its components, and the fair and
equitable sharing of benefits arising from genetic resources.
 Statement of Forest Principles: A non-legally binding authoritative statement of principles for
the sustainable management of all types of forests worldwide.

4. Recognition of Interdependence: The Summit highlighted how various social, economic, and
environmental factors are deeply intertwined and evolve together. Success in one sector requires
integrated action across others.
5. Role of Civil Society: It marked a significant increase in the involvement of non-governmental
organizations (NGOs) and other major groups (women, youth, indigenous peoples) in international
environmental diplomacy, giving them a more prominent voice. A parallel "Global Forum" of NGOs
was also held in Rio.

6. Institutional Development: It led to the creation of new institutions like the Commission on
Sustainable Development (CSD), which was tasked with monitoring the implementation of Agenda
21 (later replaced by the High-Level Political Forum on Sustainable Development). 21 It also boosted
the Global Environment Facility (GEF) as a funding mechanism for global environmental projects. 22

Key Principles of the Rio Declaration on Environment and Development:

The Rio Declaration is a set of 27 non-binding principles intended to guide international cooperation
and national policies towards sustainable development. Some of its most prominent principles
include:

1. Principle 1: Human-centered approach: "Human beings are at the centre of concerns for
sustainable development. They are entitled to a healthy and productive life in harmony with
nature."
2. Principle 2: State Sovereignty and Responsibility: States have the sovereign right to exploit their
own resources pursuant to their own environmental and developmental policies, and the
responsibility to ensure that activities within their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of national jurisdiction.
3. Principle 3: Right to Development: "The right to development must be fulfilled so as to equitably
meet developmental and environmental needs of present and future generations." This links
development directly to sustainability and equity.
4. Principle 4: Environmental Protection as Integral Part of Development: "In order to achieve
sustainable development, environmental protection shall constitute an integral part of the
development process and cannot be considered in isolation from it."
5. Principle 5: Eradication of Poverty: "All States and all people shall cooperate in the essential task of
eradicating poverty as an indispensable requirement for sustainable development, in order to
decrease the disparities in standards of living and better meet the needs of the majority of the
people of the world."
6. Principle 6: Special Situation of Developing Countries: The special situation and needs of
developing countries, particularly the least developed and those most environmentally vulnerable,
shall be given special priority.
7. Principle 7: Common but Differentiated Responsibilities: "States shall cooperate in a spirit of global
partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem. In
view of the different contributions to global environmental degradation, States have common but
differentiated responsibilities." This recognizes historical contributions to pollution by developed
nations.
8. Principle 10: Public Participation and Access to Information: "Environmental issues are best
handled with the participation of all concerned citizens. Each individual shall have appropriate
access to information concerning the environment and the opportunity to participate in decision-
making processes." This is foundational for environmental governance.
9. Principle 15: Precautionary Principle: "Where there are threats of serious or irreversible damage,
lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to
prevent environmental degradation."
 10. Principle 16: Polluter Pays Principle: "National authorities should endeavor to promote the
internalization of environmental costs and the use of economic instruments, with due regard to 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."
11. Principle 17: Environmental Impact Assessment (EIA): "Environmental impact assessment, as a
national instrument, shall be undertaken for proposed activities that are likely to have a significant
adverse impact on the environment and are subject to a decision of a competent national
authority."
12. Principle 20 & 21: Role of Women, Youth, and Indigenous People: Highlights the vital role of
women, youth, and indigenous peoples in environmental management and development.

The Rio Summit, through these principles and the agreements it fostered, fundamentally reshaped
the global dialogue on environment and development, providing a blueprint for international
cooperation and a framework for national action for decades to come.

PROVISIONS OF CRIMINAL LAW RELATING TO ABATEMENT OF PUBLIC NUISANCE

https://www.scribd.com/document/695612004/ABATEMENT-OF-PUBLIC-NUISANCE-UNDER-CrPC-and-
IPC

The Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) are the new
criminal laws in India, replacing the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC)
respectively. They contain provisions for dealing with public nuisance, both in terms of defining the
offense and providing procedures for its abatement.

Bharatiya Nyaya Sanhita (BNS) - The Substantive Law

The BNS defines what constitutes a public nuisance and prescribes punishment for it.

 Section 270: Public Nuisance

o This section defines "public nuisance" as any act or illegal omission that causes:
 Common injury, danger, or annoyance to the public or to people 1 in general residing or occupying
property in the vicinity.
 Injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.
o Crucially, the section explicitly states that a common nuisance is not excused on the ground that it
causes some convenience or advantage.
o Key features:
 It covers activities that obstruct public rights (like roads, parks, waterways).
 It includes actions that create health hazards or disrupt daily life.
 The harm can be to the public generally or to a significant portion of it.
 Personal gain or convenience is not a defense.
 Section 292: Punishment for public nuisance in cases not otherwise provided for
o This section prescribes a general punishment for public nuisance if no other specific punishment is
provided for the particular type of nuisance in the BNS.
o The punishment is a fine which may extend to one thousand rupees.

Bharatiya Nagarik Suraksha Sanhita (BNSS) - The Procedural Law

The BNSS provides the procedural framework for how public nuisances are to be abated by executive
authorities. This is a crucial aspect for immediate and preventive action. Chapter XI of the BNSS
specifically deals with "Maintenance of Public Order and Tranquillity," which includes provisions related
to public nuisances.

Here are the key sections relating to the abatement of public nuisance:

 Section 152: Conditional order for removal of nuisance

o This is a significant provision that empowers certain Magistrates to take quick action.
o Who can issue the order: A District Magistrate, Sub-divisional Magistrate, or any other Executive
Magistrate specially empowered by the State Government 2 (or a Deputy Commissioner of Police
empowered by the State Government or District Magistrate).
o When an order can be issued: When the Magistrate, based on a police report or other information and
after taking evidence, considers that:
 Any unlawful obstruction or nuisance should be removed from any public place or public way, river, or
channel.
 The conduct of any trade or occupation, or the keeping of any goods, is injurious to public health or
physical comfort, and should be prohibited, regulated, or removed.
 The construction of any building or disposal of any substance is likely to cause conflagration or explosion
and should be prevented or stopped.
 Any building, tent, structure, or tree is in such a condition that it is likely to fall and cause injury, and its
removal, repair, or support is necessary.
 Any tank, well, or excavation near a public way or place should be fenced to prevent danger.
 Any dangerous animal should be destroyed, confined, or disposed of.
o The order: The Magistrate can issue a conditional order requiring the person causing the nuisance to:
 Remove the obstruction or nuisance.
 Desist from carrying on the trade or occupation, or regulate it.
 Remove or regulate the keeping of goods.
 Prevent or stop the construction, or alter the disposal of the substance.
 Remove, repair, or support the dangerous building/tree.
 Fence the tank, well, or excavation.
 Destroy, confine, or dispose of the dangerous animal.
o Alternatively, the person can appear before the Magistrate to show cause why the order should not be
made absolute.
o Important Note: No order made under this section can be called into question in any Civil Court.
 Section 153: Service or notification of order
o This section details how the conditional order issued under Section 152 is to be served on the person
against whom it is made.
 Section 154: Person to whom order is addressed to obey or show cause
o This section mandates that the person who receives the order must either comply with it within the
specified time or appear before the Magistrate to show cause against it.
 Section 155: Penalty for failure to comply with Section 154
o This section specifies the penalty for failing to comply with an order issued under Section 152. Failure to
comply can lead to legal action, including penalties and further restrictive measures.
 Section 156: Procedure where existence of public right is denied
o If the person against whom the order is made denies the existence of a public right (e.g., denies that a
road is a public way), the Magistrate will conduct an inquiry. If there is reliable evidence supporting the
denial, the proceedings are stayed until a competent court decides on the public right. If no such
evidence is found, the Magistrate proceeds to enforce the order.
 Section 160: Procedure on order being made absolute and consequences of disobedience
o This section outlines the procedure when the conditional order is made absolute (i.e., confirmed by the
Magistrate) and the consequences of disobeying such an absolute order.
 Section 162: Magistrate may prohibit repetition or continuance of public nuisance
o This section empowers the specified Magistrates to order any person not to repeat or continue a public
nuisance, as defined in the BNS or any special/local law. This is a preventive measure to ensure that
recurring disturbances are stopped.
 Section 163: Power to issue order in urgent cases of nuisance or apprehended danger
o This provision allows Magistrates to issue orders in urgent cases where immediate prevention or speedy
remedy is desirable, particularly in situations that cause danger to human life, health, or safety, or are
likely to cause a disturbance of the public tranquility, or a riot or an affray. Such orders can be made ex
parte in emergencies.

In essence, the BNS defines the criminal offense of public nuisance, while the BNSS provides a robust
procedural framework for its quick and effective abatement by executive magistrates, emphasizing both
immediate preventive measures and mechanisms for addressing non-compliance.

REMEDIES AVAILABLE FOR ENVIRONMENTAL PROBLEMS UNDER TORT LAW

https://www.legalserviceindia.com/legal/article-768-environmental-remedies-under-law-of-
torts.html#google_vignette
Text book page no 66