MODULE 1

Meaning of environment
Anything or everything that surrounds us is Environment.
It comprises the set of natural, social and cultural values existing in a place and at a
particular time, that influence in the life of the human being and in the generations to
come. i.e., it is not only the space in which life develops, but it also includes living
beings, objects, water, soil, air and the relations between them.
Environment is a set of physical, chemical, biological and social components that,
in a short or long term, cause direct or indirect adverse effects on living beings and
human activities.
The environment is a system consisting of natural and artificial elements that are
interrelated and which are modified by human action. It’s the environment that
affects the way of life of the society, including natural, social and cultural values that
exist in a place and time.
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.
Different Approaches Towards Environmental
Protection
Ecocentrism: A philosophy or perspective that places intrinsic value on all living organism and their environment
regardless of their perceived usefulness or importance to human being. Ecocentrism is an environmental ethical stance
that argues that ecological concern should over and above human priorities and it must be central to decisions about
right and wrong.
Example;- A tree or a mountain has its value because it is part of the environment.
Anthropocentrism: A philosophy that regards or assumes human being as the central and final aim of the universe. It
places humanity at the center, so that other forms of life will be regarded only as resources to be consumed by human
being. It is based on the premise of utility or usefulness of any object for human being.
Example: A tree has a value because it can be used to benefit humans, Nature must be preserved because pure nature
enhances the human spirit.
Techno centrism: This approach is based on the philosophy that scientific thinking and scientific research is
important in making public policy. Techno-centrists trust in technological advances to solve environmental problems.
They trust in the resourcefulness of humans and believe that humans are able to control nature. They believe that the
world has infinite resources to support a growing population and it is achievable through a free-market and reliance on
technology.
Biocentrism: It was defined by Lanza and Barman . This principle is based on the belief that the needs and rights of
human beings are not more important than those of other living things. It puts great emphasis on equal consideration
for all living things. Biocentrism beliefs and theories have closely been associated with indigenous traditional
practices.
Environmental Pollution
Environmental pollution means the presence in the
environment of any environmental pollutant: Section
2 (c) of Environmental Protection Act, 1986.
Environmental pollutant means any solid, liquid or
gaseous substance present in such concentration as
may be, or tend to be, injurious to environment:
Section 2 (b) of Environmental Protection Act, 1986.
Factors responsible for Environmental Pollution
Development and Industrialisation
• Mining
• Deforestation
• Transport
• Construction
• Agricultural Policies
• Population Explosion
• Unplanned Land Use Policies
• Non-compliance of environmental protection measures.
Overview of Environmental Law in the Colonial Period
• Indian Police Act, 1861: Noise Pollution, Prescribed certain reasonable limits for the noise.
• Forests Act, 1865: It provided state monopoly rights over the forests. The customary rights of rural communities to manage
forests were curtailed by this Act.
• Indian Forest Act, 1927: This Act was passed with the objective of conservation, protection and maintenance of forest area. It
denied the rights of forest dwellers over the forest produce. . Polluting by poisoning water in a forest area was made punishable
under this Act.
• The Shore Nuisance (Bombay & Kolaba) Act, 1853 and The Oriental Gas Company Act, 1857: It imposed restrictions on the
fouling or contaminating water.
• The Merchant Shipping Act, 1858: It prevents pollution of sea by oil.
• Indian Penal Code, 1860: First attempt to control water and atmospheric pollution through criminal sanctions. (Relevant
Provisions: Sections-268, 269, 277, 278, 288, 290, 425 etc.)
• Indian Easement Act, 1882: Prescriptive right to prevent and control the water pollution, it was not an absolute right.
• Fisheries Act, 1897: This Act made the provision of penalty for killing the fishes or contaminating the water to kill fishes.
• The Sarais Act, 1867: imposed a duty on inn-keepers (hoteliers) to keep water fit for human and animal consumption.
• The Fair Ways Act, 1881, the Indian Ports Act, 1908, and the Inland Vessels Act, 1917, also dealt with pollution of waters.
• Common law remedies were also available under the law of torts. The most important tortuous remedies are: (i) nuisance
(ii) trespass (iii) negligence; and (iv) strict liability.
Impact of International Environmental Law
International concern for environmental protection and sustainable development is
comparatively of recent origin.
The customary international law does not contain any specific rules for protection
and preservation of environment.
The doctrine of sic utero tuo ut alienum non laedas (one must use his own right so
as not to injure others) is a guiding principle for preventing pollution and
environmental damage between nations.
The Trail Smelter Arbitration [United states vs Canada 39 Am J Int Law 684
(1941)] between the United States of America and Canada recognised that no state
has a right to use, or permit the use of its territory so as to cause injury by fumes in
the territory of another, when clear and convincing evidence causing serious injury is
established.
The above-stated doctrine of sic utero tuo ut alienum non leadas was also reiterated
in Corfu Channel case where the International Court of Justice declared that every
state has a duty “not to allow knowingly its territory to be used for acts contrary to
the rights of other states”.
International Conventions for Environmental Protection
Stockholm Declaration on Human Environment 1972
This Declaration was adopted on June 16, 1972 by the United Nations Conference on the Human Environment.
It contains 26 principles to recognize the right to a healthy environment under international environmental law.
A significant fallout of this conference has been in the enactment of Indian laws since 1972, chiefly Water (Prevention and Control of
Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Environment (Protection) Act, 1986 and Factories
Amendment Act, 1987.
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1989
This Convention was designed to reduce the movements of hazardous waste between nations. More than hundred countries including
the members of the OAU and EEC attended the final negotiation and approved the Conventions.
This Convention excludes radioactive substances and wastes which derive from the normal operations of a ship because these are
covered under existing international instruments to deal with such substances.
Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2000 and Bio-Medical Wastes (Management and Handling)
Rules, 1998 under the Environment (Protection) Act, 1986 are the byproducts of this Convention.
Rio Declaration (United Nations Conference on Environment and Development: Earth Summit) 1992
It is an action agenda for the UN, other multilateral organizations, and individual governments around the world that can be executed at
local, national, and global levels.
It created the Commission on Sustainable Development (CSD) in December 1992 to ensure effective follow-up of UNCED, to monitor
and report on implementation of the agreements at the local, national, regional and international levels.
National Environment Tribunal Act, 'Precautionary Principle' incorporated in principle 15, 'Polluter Pays Principle’ incorporated in
principle 15 and 'Environmental Impact Assessment' are the direct outcome of this Convention.
Environmental Laws and Policy in Independent India:
Constitutional Development
Protection and improvement of the environment is a constitutional mandate.
Indian Constitution contains specific provisions for environment protection
under the chapters of Directive Principles of State Policy and Fundamental
Duties.
Protection and improvement of environment and safeguarding of forests
and wild life (Article 48A): The State shall endeavour to protect and
improve the environment and to safeguard the forests and wild life of the
country.
Fundamental duty [Article 51-A (g)]: It shall be the duty of every
citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for living
creatures.
However, through judicial interpretations certain Fundamental Rights
provisions like, Article 14, 19, 21 etc. have also been invoked for
environmental protection
Approach of Judiciary and Environmental
Protection
Environmental law has not found specific mention in the Indian Constitution. Prior to the 42nd amendment, environmental
protection was availed through article 21 of the Constitution.
Maneka Gandhi v. Union of India , AIR 1978 SC 59: A law affecting life and liberty of a person has to stand the scrutiny of
articles 14 and 19 of the Constitution and the procedure laid down must be reasonable, fair and just. This case broadened the
scope of right to life and therefore it included many things which are essential for survival, for example, clean air, water and
healthy environment.
Justice P.N. Bhagwati in Francis Coralie v. Union Territory of Delhi AIR 1981 SC 746 stated: We think that the right to life
includes the right to live with human dignity and all that goes along with it, namely, the bare necessaries of life such as
adequate nutrition, clothing, shelter over the head and facilities for reading, writing and expressing oneself in diverse forms,
freely moving about and mixing and commingling with fellow human being.
In Oleum gas leak case (M.C. Mehta v. Union of India, AIR 1987 SC 1086) the Supreme Court once again impliedly treated
the right to live in pollution free environment as part of fundamental right to life under article 21 of the Constitution.
In Subhash Kumar v. State of Bihar AIR 1991 SC 420 , the court observed: Right to live is a fundamental right under
Article 21 of the Constitution and it includes the right of enjoyment of pollution free water and air for full enjoyment of life. If
anything endangers or impairs that quality of life in derogation of laws, a citizen has the right to have recourse to Article 32 of
the Constitution for removing the pollution of water or air which may be detrimental to the quality of life.
Following this decision, the right to pollution free environment was incorporated under the head of right to life and all the law
courts within the Indian territory were bound to follow the same. This laid down the foundation of environmental litigation in
India.
Approach of Judiciary continued…..
In Rural Litigation Entitlement Kendra v State of UP, also known as the Dehradun quarrying
case, the Supreme Court of India has held that pollution caused by quarries adversely affects the
health and safety of people and hence, the same should be stopped as being violative of Article
21.In this case, the Supreme Court for the first time held that the right to wholesome
environment is a part of right to life and personal liberty guaranteed under Article 21 of the
Constitution.
Similarly, public health and ecology were held to be the priorities under Article 21 and the
constitution of a green bench was also ordered by the Supreme Court.
In the case of Ratlam Muncipality v Vardichand, where the problem of pollution was due to
private polluters and haphazard town planning, it was held by the Supreme Court that pollution
free environment is an integral part of right to life under Article 21.
Charan Lai Sahu v. Union of India (1990) 1 SCC 613., MC. Mehta v. Union of India,
(1992)3 SCC 256, A. P. State Pollution Control Board v. Prof. M. V. Naidu AIR 1999 SC
812, T. Damodar Rao v. Special Officer M.C. Hyderabad, AIR 1981 AP 171, L.K. Koolwal
v. State of Rajasthan AIR 1988 Raj 2, S.K. Garg v. State of U.P. AIR 1999 All 41, Kinkri
Devi v. State of Himanchal Pradesh , AIR 1988 HP 4, F.K. Hussain v. Union of India , AIR
1990 Ker 321;
Legislative Development for Environmental
Protection in Independent India

• Water (Prevention and Control of Pollution) Act, 1974 & Wildlife

Protection Act, 1972 (Article 252 & 253)
• Air (Prevention and Control of Pollution) Act, 1981 (Article 253)
• Environment (Protection) Act, 1986(Article 253)
• Tiwari Committee Report 1980
Tiwari Committee Report 1980
(i) many of the laws related to environment are outdated;
(ii) they lack statements of explicit policy objectives;
(iii) they are mutually inconsistent;
(iv) they lack adequate provisions relating to implementing machinery;
(v) There is absence of procedure for reviewing the efficiency of the laws.
(vi) Comprehensive review or reformation of some central and state Acts such
as Insecticides Act, 1968; Water Act, 1974 and Indian Forest Act, 1927.
(vii) new legislation for areas of action not covered by the present law, such
as those concerning toxic substances; and
(viii) the introduction of environment protection in the concurrent list of the
Constitution.
Control of pollution from hazardous substances and
Processes
The Indian Explosives Act, 1884: It regulates the manufacture, possession, use, sale, transport and importation of explosives.
The Poisons Act, 1919: It regulates the importation, possession and sale of poisonous substances.
The Drugs and Cosmetics Act, 1940: It prohibits the import of drugs and cosmetics of sub-standard quality, misbranded drugs
and adulterated or spurious drugs.
The Insecticides Act, 1968, regulates the import, manufacture, sale, transport and distribution of insecticides. Its object is
preventing the risk to human beings and animals.
The Tiwari Committee had also recommended enactment of a law concerning hazardous substances and the EPA was passed to
tackle the problem of pollution incorporating hazardous substances and its effects.
The rules, promulgated under the EPA constitute the major regulatory regime relating to hazardous substances which are:
(i) Hazardous Wastes (Management and Handling) Rules, 1989.
(ii) The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.
(iii) Manufacture, Use, Import and Storage of Hazardous Micro- organisms/Genetically Engineered Organisms or Cells Rules,
1987.
(iv) Chemical Accidents (Emergency Planning and Preparedness and Response) Rules, 1996 which have been notified as
complements to the Manufacture Storage, Import of Hazardous Chemical Rules, 1989.
The Rules provide for crisis management at local, district, state and central levels