Environmental Law 5TH Sem
Environmental Law 5TH Sem
INTRODUCTION
Environmental Law is a body of law, which is a system of complex and interlocking statutes, common law,
treaties, conventions, regulations and policies which seek to protect the natural environment which may
be affected, impacted or endangered by human activities. Some environmental laws regulate the quantity
and nature of impacts of human activities: for example, setting allowable levels of pollution or requiring
permits for potentially harmful activities. Other environmental laws are preventive in nature and seek to
assess the possible impacts before the human activities can occur.
MEANING
The word ‘environment’ is derived from the French word ‘environner’, which means ‘to encircle’ or ‘to
surround’. In other words environment can be defined as the sum total of all the living and non-living
things and their effects that influence human life.
In layman’s words, environment refers to the physical elements. It includes the land, water and air. It is the
living ecosystem that maintains the existence of human life. Destruction of the environment can lead to
various calamities. In order to prevent such disaster or calamities, laws are implemented to protect the
environment for the livelihood of present and future generations
Environmental Protection Act, 1986:- Section 2(a) states that 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 and property.
1. Natural environment: Everything that is not human-made comes under natural environment. Land, air,
water, plants and animals all comprise the natural environment.
2. Manmade environment: Human environment is the man-made environment. It has been modified by
humans according to their needs.
FACTORS OR THE COMPONENTS OF THE ENVIRONMENT
1. Abiotic Components:
Atmosphere: The air or gases surrounding the Earth.
Hydrosphere: All water bodies, including oceans, rivers, lakes, and groundwater.
Lithosphere: The solid outer layer of the Earth, including the soil and rocks.
2. Biotic Components:
Flora: Plant life, including trees, shrubs, grasses, and other vegetation.
Fauna: Animal life, encompassing mammals, birds, reptiles, insects, and other organisms.
3. Physical Factors:
Climate: The prevailing weather conditions in a region, including temperature, precipitation, humidity, and
wind patterns.
Topography: The physical features of the land, such as mountains, valleys, and plains.
Geology: The study of the Earth's structure, composition, and processes, influencing the type of soil and
rock formations.
4. Biological Factors:
Biodiversity: The variety of life forms, including species richness, genetic diversity, and ecosystem diversity.
Ecological Interactions: Relationships among organisms, such as predation, competition, and symbiosis.
5. Human Factors:
Anthropogenic Activities: Human actions and activities that impact the environment, including
industrialization, urbanization, and agriculture.
Population Density: The concentration of human populations in a given area, influencing resource use and
environmental impact.
6. Technological Factors:
Technological Advancements: The development and use of technology that can either harm or benefit the
environment.
POLLUTION
Intro And Meaning (20-20)
Factors causing environment pollution
Kinds (components)
Air Pollutants:
Particulate Matter (PM): Fine particles suspended in the air from combustion processes, industrial
activities, and natural sources.
Nitrogen Oxides (NOx): Gases produced by combustion processes, mainly from vehicles and industrial
activities.
Sulfur Dioxide (SO2): Released from burning fossil fuels containing sulfur, such as coal and oil.
Ozone (O3): Formed by chemical reactions between nitrogen oxides and volatile organic compounds in the
presence of sunlight.
Carbon Monoxide (CO): Produced by incomplete combustion of carbon-containing fuels.
Water Pollutants:
Heavy Metals: Mercury, lead, cadmium, and other metals discharged from industrial processes.
Nutrients: Excessive amounts of nutrients like nitrogen and phosphorus from agricultural runoff and
wastewater discharges.
Pathogens: Bacteria, viruses, and parasites from untreated sewage and animal waste.
Chemical Contaminants: Pesticides, herbicides, and industrial chemicals entering water bodies.
Soil Pollutants:
Heavy Metals: Contamination from industrial discharges and improper waste disposal.
Pesticides and Herbicides: Chemicals used in agriculture that can leach into the soil.
Industrial Waste: Improper disposal of hazardous waste from industrial processes.
Noise Pollutants:
Skyglow: Excessive and misdirected artificial light that scatters in the atmosphere.
Glare: Excessive brightness that causes visual discomfort.
Light Trespass: Unwanted or intrusive artificial light that spills over into areas where it is not needed.
Thermal Pollutants:
Waste Heat: Discharge of heated water from industrial processes into water bodies.
Urban Heat Island Effect: Elevated temperatures in urban areas due to human activities and infrastructure.
POLLUTANTS
Pollutants are substance or energy which when introduced into the environment causes undesired
effects or adverse effects on useful resources. These pollutants may be gases, liquids, solids or high
pitched sounds. Gaseous pollutants are produced during the manufacturing process by most
industries. Gaseous pollutants are also emitted by vehicles and burning of fuel and other substances.
Some of the common gaseous pollutants are carbon monoxide, carbon dioxide, sulphur dioxide,
hydrogen sulphide, hydrogen cyanide, ammonia gas.
Section 2(b) "environmental pollutant" means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to
environment
The Environment (Protection) Act, 1986, stands as a pivotal legislation in India, aiming to safeguard and
enhance the environment. One of its crucial components is the definition of "environmental pollutant."
This analysis critically examines the adequacy of the current definition, identifies its weaknesses, and
proposes improvements to align with contemporary environmental challenges.
3. Lack of Specificity:
The definition lacks specificity by not enumerating particular substances or classes of pollutants. A
comprehensive list should be integrated to encompass a wider spectrum of pollutants, reflecting
contemporary scientific knowledge.
6. International Alignment:
To address global environmental concerns, the definition should align with international standards and
classifications. This ensures compatibility with global efforts and facilitates collaboration on transboundary
environmental issues.
7. Technological Advancements:
The definition should incorporate provisions acknowledging advancements in monitoring and detection
technologies. This ensures that the legislation remains adaptive and effective in identifying and regulating
pollutants.
8. Proactive Approach:
Introducing a proactive approach in the definition, which emphasizes preventive measures and sustainable
practices, would strengthen the Act's efficacy in environmental protection.
9. Community Involvement:
Community participation in identifying and monitoring pollutants is crucial. The definition could benefit
from provisions promoting community involvement and establishing reporting mechanisms to enhance the
Act's implementation.
Conclusion:
In conclusion, while the Environment (Protection) Act, 1986, plays a pivotal role in environmental
conservation, the definition of "environmental pollutant" exhibits certain weaknesses. Addressing these
deficiencies by incorporating objective criteria, specificity, consideration for emerging pollutants,
cumulative impact assessment, international alignment, technological adaptability, a proactive approach,
and community involvement will bolster the Act's effectiveness in meeting the contemporary challenges of
environmental protection.
2. Protection from Exploitation:To protect wildlife from over-exploitation, hunting, and poaching.
3. Biodiversity Preservation:To preserve the rich biodiversity of India by safeguarding diverse flora and
fauna.
6. Regulation of Trade:To regulate and control trade in wildlife and their products to prevent illegal
7. trafficking.
8. Promotion of Conservation Ethics:To promote an ethical approach towards wildlife conservation and
encourage public awareness.
Salient features
1. Declaration of Protected Areas (Sections 18-35):
Explanation: The Act empowers the government to declare specific areas as protected areas, national
parks, or sanctuaries. This helps in creating dedicated zones for the conservation and protection of
wildlife.
2. Prohibition of Hunting (Section 9):Explanation: The Act strictly prohibits the hunting of specified
species of wild animals. It recognizes the need to control human activities that pose a threat to
the survival of various wildlife species.
3. Regulation of Trade and Commerce in Wildlife (Sections 40-44):
Explanation: The Act regulates the trade and commerce of wildlife and their products. It prohibits the
trade of certain animal species and their derivatives, ensuring that illegal trafficking and poaching are
curbed.
4. Appointment of Wildlife Wardens (Section 4):
Explanation: The Act provides for the appointment of wildlife wardens to oversee and enforce wildlife
protection measures in their respective jurisdictions. This ensures local administration and enforcement of
wildlife laws.
5. Recognition of Zoos (Section 38H):
Explanation: The Act recognizes the importance of zoos in wildlife conservation. It sets guidelines for the
establishment and management of zoos to ensure the welfare and conservation of animals in captivity.
Explanation: The Act provides for the creation of community reserves and conservation reserves,
recognizing the role of local communities in wildlife conservation. This encourages community
participation and ensures sustainable conservation practices.
Explanation: The Act imposes stringent penalties for offenses such as hunting, poaching, and illegal
trade. This acts as a deterrent and reinforces the seriousness of wildlife protection laws.
Explanation: The Act allows for amendments to be made to keep it updated with emerging conservation
needs and challenges. This flexibility ensures that the legislation remains relevant and effective over
time.
Explanation: The Act facilitates international cooperation in wildlife conservation. It enables the
government to enter into agreements with other countries for the protection and conservation of
migratory species and their habitats.
In conclusion, the Wildlife Protection Act, 1972, encompasses a range of provisions that collectively
contribute to the comprehensive conservation and protection of India's diverse wildlife. The Act balances
the needs of conservation with the sustainable use of natural resources and emphasizes the importance of
community involvement and international cooperation.
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.”
1. They are naturally-occurring areas where endangered species are protected from poaching, hunting,
and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the sanctuaries.
5. A wildlife sanctuary is declared by the State government by a Notification. Boundaries can be altered
by a Resolution of the State Legislature.
6. Human activities such as timber harvesting, collecting minor forest products, and private ownership
rights are permitted as long as they do not interfere with the animals’ well-being. Limited human
activity is permitted.
7. They are open to the general public. But people are not allowed unescorted. There are restrictions as
to who can enter and/or reside within the limits of the sanctuary. Only public servants (and his/her
family), persons who own immovable property inside, etc. are allowed. People using the highways
which pass through sanctuaries are also allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are permitted inside so that they can study the area and its inhabitants.
10. The Chief Wildlife Warden (who is the authority to control, manage and maintain all sanctuaries) may
grant permission to persons for entry or residence in the sanctuary for the study of wildlife, scientific
research, photography, the transaction of any lawful business with persons residing inside, and
tourism.
11. Sanctuaries can be upgraded to the status of a ‘National Park’.
12. 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.”
The Wildlife Protection Act, 1972, is a pivotal legislation in India that seeks to safeguard the diverse
wildlife of the nation. Section 51 of the Act outlines the penalties for offenses committed under its
purview, emphasizing the seriousness of contraventions and violations. The provisions of this section
prescribe punishments for contravention of various aspects of the Act, excluding Chapter VA and Section
38J.
In cases related to Schedule I or Part II of Schedule II animals, their meat, animal articles, trophies, or
uncured trophies, or offenses like hunting in a sanctuary or a National Park, the punishment is more
severe. The term of imprisonment shall not be less than three years, extending up to seven years, along
with a fine not less than ten thousand rupees.
For second or subsequent offenses of this nature, the imprisonment term increases to not less than
three years, up to seven years, and the fine escalates to not less than twenty-five thousand rupees.
Any person contravening the provisions of Chapter VA shall face stringent penalties. The punishment
includes imprisonment for a term not less than three years, extending up to seven years, and a fine not
less than ten thousand rupees.
Any person contravening Section 38J is liable for imprisonment up to six months, a fine extending to two
thousand rupees, or both. For a second or subsequent offense, the imprisonment term may extend to
one year, and the fine may go up to five thousand rupees.
The cancellation of licenses or permits and forfeiture is in addition to any other punishment awarded for
the offense. Furthermore, the court may direct the cancellation of the Arms Act, 1959 license held by the
offender, making them ineligible for a new license for a period of five years from the date of conviction.
The provisions of Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders
Act, 1958, do not apply to persons convicted of offenses related to hunting in a sanctuary or a National
Park or offenses against Chapter VA, unless the offender is under eighteen years of age.
In conclusion, Section 51 of the Wildlife Protection Act, 1972, establishes a robust framework of
penalties designed to deter and punish offenses against wildlife, ensuring the effective implementation
of conservation measures.
Since India is one of the most biologically diverse nations in the world, this act is a necessity
to protect its biological heritage.
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The State Biodiversity Boards (SBBs)
The Biodiversity Management Committees (BMCs) (at local level)
The Act provides these authorities with special funds and a separate budget in order to carry
out any research project dealing with the biological natural resources of the country.
It shall supervise any use of biological resources and the sustainable use of them and shall
take control over the financial investments and their return and dispose of those capitals as
correct.
Under this act, the Central Government in consultation with the NBA:
Shall notify threatened species and prohibit or regulate their collection, rehabilitation and conservation
Designate institutions as repositories for different categories of biological resources
The act stipulates all offences under it as cognizable and non-bailable.
Any grievances related to the determination of benefit sharing or order of the National Biodiversity Authority
or a State Biodiversity Board under this Act, shall be taken to the National Green Tribunal (NGT).
The National Biodiversity Authority consists of the following members to be appointed by the central
government, namely:
A Chairperson.
Three ex officio members, one representing the Ministry dealing with Tribal Affairs and two representing the
Ministry dealing with Environment and Forests.
Seven ex-officio members to represent respectively the Ministries of the Central Government dealing with:
o Agricultural Research and Education
o Biotechnology
o Ocean Development
o Agriculture and Cooperation
o Indian Systems of Medicine and Homoeopathy
o Science and Technology
o Scientific and Industrial Research;
Five non-official members to be appointed from amongst specialists and scientists having special knowledge
and experience in the required matters.
Functions of the NBA
1. Advise the State Government, subject to any guidelines issued by the Central Government, on matters
relating to the conservation, sustainable use or sharing equitable benefits.
2. Regulate by granting approvals or otherwise requests for commercial utilisation or bio-survey and bio-
utilisation of any biological resource by people.
Note:
It shall consist of a chair person and not more than six persons nominated by the local body.
o Out of total members of a BMC, not less than one third should be women and not less than 18% should
belong to the Scheduled Castes/ Scheduled Tribes.
The Chairperson of the Biodiversity Management Committee shall be elected from amongst the members of
the committee in a meeting to be chaired by the Chairperson of the local body.
The chairperson of the local body shall have the casting votes in case of a tie.
Functions
The main function of the BMC is to prepare People’s Biodiversity Register in consultation with the local
people.
The register shall contain comprehensive information on availability and knowledge of local biological
resources, their medicinal or any other use or any other.
Causes of Greenhouse Effect
The major causes of the greenhouse effect are:
2. Deforestation
Plants and trees take in carbon dioxide and release oxygen. Due to the cutting of trees, there is a considerable
increase in the greenhouse gases which increases the earth’s temperature.
3. Farming
Nitrous oxide used in fertilizers is one of the contributors to the greenhouse effect in the atmosphere.
5. Landfills also release carbon dioxide and methane that adds to the greenhouse gases.
1. Global Warming
It is the phenomenon of a gradual increase in the average temperature of the Earth’s atmosphere. The main
cause for this environmental issue is the increased volumes of greenhouse gases such as carbon dioxide and
methane released by the burning of fossil fuels, emissions from the vehicles, industries and other human
activities.
2. Depletion of Ozone Layer
Ozone Layer protects the earth from harmful ultraviolet rays from the sun. It is found in the upper regions of
the stratosphere. The depletion of the ozone layer results in the entry of the harmful UV rays to the earth’s
surface that might lead to skin cancer and can also change the climate drastically.
The major cause of this phenomenon is the accumulation of natural greenhouse gases including
chlorofluorocarbons, carbon dioxide, methane, etc.
In general, smog is generally formed by the accumulation of more greenhouse gases including nitrogen and
sulfur oxides. The major contributors to the formation of smog are automobile and industrial emissions,
agricultural fires, natural forest fires and the reaction of these chemicals among themselves.
5. Also, the rainwater carries the contaminants along with it and falls into the river, streams and lakes thereby
causing their acidification.
1. The ozone gas in the atmosphere protects mankind from harmful radiation, and its depletion
is therefore undesirable, while the greenhouse gases like carbon dioxide trap heat in the
atmosphere thereby raising temperatures worldwide with harmful repercussions for the rest of
the world.
2. Ozone is present in the earth’s stratosphere. Greenhouse effect pertains to the warming of
the planet because of the solar heat that gets trapped by our atmosphere, because of the
presence of greenhouse effect causing substances like gas, dust and clouds.
3. As much as 4% per decade in the total quantity of ozone in the Earth’s stratosphere and much
bigger decline ozone around the Earth’s arctic and Antarctic regions has occurred in the recent
past. Greenhouse gases absorb this infrared radiation and convey this absorbed heat to other
atmospheric gases by way of molecular collisions.
The ozone layer is referred to as a specific region in the Earth’s stratosphere that acts as a shield against the
incoming ultraviolet rays of the sun. The ozone layer absorbs around 97-99% of the medium-frequency
ultraviolet light emitted by the sun. The ozone layer is composed of 3 atoms of oxygen and is represented as O3.
It forms a 20-30km layer above the surface of the earth. The stratosphere contains large amounts of ozone.
Curiously enough, the ultraviolet radiation itself forms the ozone layer. Ozone forms when a radiation or
electrical discharge causes the oxygen (O2) molecule to split into two different atoms so that they can
individually join with other atoms and form ozone (O3).
The ozone layer depletion came to the public eye after the creation of a chemical compound known as
chlorofluorocarbons or CFCs (formerly used in refrigerators, aerosols, and air conditioners). It was discovered in
the 1970s. These were used as refrigerants, aerosol spray propellants etc. CFCs are light and can move up in the
air and reach the stratosphere. Here the chlorofluorocarbons react with the ozone layer in the presence of
ultraviolet radiation and cause it to break down into oxygen molecules. The result is the depletion of the Ozone
Layer. After an International Treaty was signed in 1973, the use of CFCs was lowered and subsequently banned.
In the 1980s, it was observed that the ozone layer in an area of the Antarctic stratosphere had hit low levels
coming at around as low as 33 percent of pre-1975 levels. This area became known as the Ozone hole.
Ozone layer depletion is a major concern and is associated with a number of factors. The main causes
responsible for the depletion of the ozone layer are listed below:
1. Chlorofluorocarbons: Chlorofluorocarbons or CFCs are the main cause of ozone layer depletion. These are
released by solvents, spray aerosols, refrigerators, air-conditioners, etc.
The molecules of chlorofluorocarbons in the stratosphere are broken down by ultraviolet radiations and release
chlorine atoms. These atoms react with ozone and destroy it.
2. Unregulated Rocket Launches: Researches say that the unregulated launching of rockets results in much more
depletion of the ozone layer than the CFCs do. If not controlled, this might result in a huge loss of the ozone
layer by the year 2050.
3. Nitrogenous Compounds: The nitrogenous compounds such as NO2, NO, N2O are highly responsible for the
depletion of the ozone layer.
4. Natural Causes: The ozone layer has been found to be depleted by certain natural processes such as Sun-spots
and stratospheric winds. But it does not cause more than 1-2% of the ozone layer depletion.
The volcanic eruptions are also responsible for the depletion of the ozone layer.
The depletion of the ozone layer has harmful effects on the environment. Let us see the major effects of ozone
layer depletion on man and environment.
1. Avoid Using ODS: Reduce the use of ozone depleting substances. E.g. avoid the use of CFCs in refrigerators and
air conditioners, replacing the halon based fire extinguishers, etc.
2. Minimise the Use of Vehicles: The vehicles emit a large amount of greenhouse gases that lead to global warming
as well as ozone depletion. Therefore, the use of vehicles should be minimised as much as possible.
Conclusion:
The Stockholm Conference on the Human Environment of 1972 stands as a landmark event in the history of
environmental governance. Its outcomes, including the Stockholm Declaration and the establishment of
UNEP, continue to influence international efforts to address environmental challenges and promote
sustainable development.
In summary, the Stockholm Conference played a crucial role in shaping the global environmental agenda,
fostering international cooperation, and establishing principles that paved the way for subsequent
environmental treaties and conventions.
The journey from the Stockholm Conference on the Human Environment in 1972 to the Earth Summit in Rio
de Janeiro in 1992 represents a significant evolution in the global approach to environmental issues. This
transformative period marked the maturation of environmental awareness and the establishment of a
more comprehensive and integrated framework for addressing sustainability challenges.
The 1970s and 1980s saw a growing realization that environmental challenges were intricately linked to
broader issues of economic development, social justice, and international cooperation.
3. United Nations Conference on Environment and Development (Earth Summit) - Rio de Janeiro (1992):
Unlike the Stockholm Conference, the Earth Summit adopted an integrated approach to sustainable
development.
The concept of sustainable development, defined as meeting present needs without compromising the
ability of future generations to meet their own needs, became a central theme.
4. Agenda 21:
A major outcome of the Earth Summit was the adoption of Agenda 21, a comprehensive plan of action
addressing various aspects of sustainable development.
It aimed to guide national policies and international cooperation.
5. Institutional Strengthening:
The Earth Summit led to the strengthening of institutional frameworks for environmental governance.
The Commission on Sustainable Development (CSD) was established to monitor and implement Agenda 21,
and efforts were made to enhance the role of the United Nations Environment Programme (UNEP).
6. Climate Change and Biodiversity:
The Earth Summit elevated the status of climate change and biodiversity on the global agenda.
The United Nations Framework Convention on Climate Change (UNFCCC) and the Convention on Biological
Diversity (CBD) were opened for signature during the summit, reflecting a more focused approach to these
critical issues.
7. Global Partnerships:
While the Earth Summit made significant strides, it faced criticism for the lack of binding commitments and
the slow pace of implementation.
The delicate balance between economic development and environmental conservation remained a
persistent challenge.
9. Legacy and Continued Evolution:
The Stockholm-to-Rio journey laid the foundation for subsequent international environmental negotiations,
influencing agreements such as the Kyoto Protocol and the Paris Agreement.
It marked a transition from purely environmental concerns to a more holistic understanding of
sustainability.
In conclusion, this chronological overview highlights the key milestones and transitions in the global
approach to environmental governance from the Stockholm Conference in 1972 to the Earth Summit in Rio
de Janeiro in 1992. Each phase in this journey contributed to shaping the international environmental
agenda and fostering a more integrated and sustainable approach to development. The legacy of this
journey continues to influence ongoing efforts to address the complex challenges of sustainable
development on a global scale.
1. hazardous waste
2. bio medical waste
3.National green tribunal
4. acts- water, air, environment protection
5. Stockholm and rio
6.
Disaster occur both due to natural and man-made activities. The adverse impact caused due to the indiscriminate
disposal of hazardous wastes comes under the category of environment disasters. For example the release of Methyl
Isocyanate (MIC) gas in Bhopal from the Union Carbide factory in the year 1984 caused severe disaster taking
thousands of human lives and adversely affecting the health of even the future generations of the people affected it.