Environmental Law Notes
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Environmental Law Notes
Introduction :
Environmental laws are important because they protect the environment from damage caused by human activities. These laws give guidance on how to carry out actions that might harm the environment. They can change based on the problems a country faces, showing that environmental laws are always evolving.
Both lawmakers and judges have worked hard to create and improve these laws by passing key legislation and making important court decisions. Before we look at the specific laws related to the environment, let’s first understand what we mean by “environment.”
Environment
The word Environment has been derived from the Latin term meaning “Environ” which means around. Environment is an essential element in the life of humans. Environment plays a very crucial role in our day to day life. Destruction of environment can effect the livelihood of people in many ways.
It has two components biotic and abiotic. Biotic includes -relating to life, surrounding plant & animal communities and microorganisms. Abiotic includes- soil, sunlight, topography, water, atmosphere, nutrients (i.e) physical and chemical aspects of organisms. Environment could virtually include anything and everything.
Definition- According to Environmental Protection Act, 1986:-
According to Black’s Law Dictionary, environmental law is defined as, “A collective body of rules and regulations, orders and statutes, constraints and allowances that are all concerned with the maintenance and protection of the natural environment of a country”.
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.
Significance- The environment and human life are closely connected. The quality of a person’s environment greatly affects their quality of life. The Supreme Court of India has said several times that everyone has the right to a clean environment, which includes access to clean water and air. This right is an important part of the right to life stated in Article 21 of the Indian Constitution.
Environmental issues faced in India :
The main environmental issues faced in India are pollutions namely air pollution, water pollution, noise pollution, disposing chemical waste improperly, leakage of harmful gases, etc. are just few among the environmental problems.
Pollutions refer to imbalance caused in the environment through the actions of humans. This imbalance can lead to health-related issues which can affect the future generations. It is caused by man-made activities. It is necessary to protect the environment because the present generations are mere care-takers of the future generations
. It is their responsibility to give the earth to the future in a proper and healthy manner. Let us try to understand the different types of pollution and their effects on the environment.
Factors responsible for Environmental Problems and Pollution:
Human activities directly or indirectly affect the environment adversely. Domestic sewage, effluents from tanneries contains many harmful chemicals, stone crush, usage of automobile are few examples.
Pollution means addition of undesirable material into the environment as a result of human activities. The agents which cause environmental pollution are called pollutants.
The main factors contributing to environmental pollution and associated problems are:
(i) Urbanization, driven by relentless population growth, exacerbates soil erosion and degrades land quality. As more people flock to cities, the pressure on our natural resources intensifies.
(ii) Industrial runoff significantly contaminates topsoil, with the regular disposal of waste effluents leaching into the soil, polluting groundwater and resulting in barren landscapes. We are compromising our most vital resource: the earth beneath our feet.
(iii) Practices such as mineral extraction and strip mining devastate thousands of acres of land annually. This widespread deforestation not only destroys ecosystems but also creates severe erosion issues that threaten agricultural productivity.
(iv) The rampant use of harmful chemicals, including pesticides, insecticides, and fertilizers, poses a serious threat to our environment and ultimately to human health.
(v) Polychlorinated biphenyls (PCBs), man-made chemicals prevalent in manufacturing, contaminate our surroundings and accumulate in the food chain, affecting wildlife and human populations alike.
(vi) Oil spills from cargo tankers and pipelines are catastrophic events that ruin soil fertility for generations, pushing ecosystems to the brink of collapse.
(vii) The surging use of detergents in both households and industries is leading to the degradation of our rivers and seas, endangering the aquatic life that relies on these water sources.
(viii) The excessive application of fungicides further harms our ecosystem, as their residues leach into soil and water systems, disrupting natural balances.
(ix) Pesticides and insecticides, though intended to protect crops, are inflicting hidden damage on biodiversity and human health.
(x) The release of chlorofluorocarbons (CFCs) from everyday appliances is gradually destroying our atmosphere, eroding the ozone layer and accelerating global warming—an urgent issue we can no longer ignore.
(xi) Emissions from vehicles and smoke from burning organic materials release harmful pollutants, affecting the air we breathe and the climate we share.
(xii) Deforestation continues to accelerate, diminishing our planet’s lungs and altering climates while threatening countless species.
(xiii) Rapid industrial development, if left unchecked, contributes ghastly levels of pollution through industrial waste and greenhouse gas emissions, drawing us closer to environmental catastrophe.
(xiv) Urbanization not only creates waste but also increases resource consumption, deepening the crisis we face.
(xv) Lastly, poverty compounds these issues by driving population growth and environmental degradation. Those in poverty have no choice but to exploit natural resources unsustainably and often live in unsanitary conditions, further exacerbating health problems.
We must confront these challenges with urgency and commitment, as the health of our planet and future generations depends on our actions today.
Sustainable development in environmental law
Sustainable development meaning:
Sustainable development means developing a country’s economy while protecting the environment for future generations. Economic progress often leads to environmental harm, such as land degradation, soil erosion, air and water pollution, and deforestation. This environmental damage can outweigh the benefits of producing more goods and services of higher quality.
Sustainable development is an approach to social, economic, and environmental planning aimed at balancing the needs of current and future generations with the necessity of preserving the natural environment. It seeks to address social and economic requirements while minimizing harm to the environment, ensuring that progress does not come at the expense of ecological stability.
This balanced approach helps to maintain essential ecosystems and resources for generations to come.
Sustainable Development in Environmental Law
Sustainable development under environmental law emphasizes the responsible use of natural resources, the reduction of pollution and waste, and the promotion of renewable energy sources. It involves crafting legal frameworks that strike a balance between development goals and environmental conservation.
Sustainable Development in Environmental Law in India
The history of environmental rules in India goes back to ancient times. Important texts like the Vedas, Arthashastra, and Manusmriti highlighted the need to protect the environment. For example, the Vedas emphasized a positive relationship between people and nature, while the Manusmriti banned harming forests and wildlife.
As modernization and industrialization progressed, environmental issues became urgent, leading to the need for official legal frameworks.
In 1950, India’s Constitution recognized the right to a healthy environment as a fundamental right under Article 21, which guarantees the right to life and personal liberty.
Sustainable Development in Constitution of India
The Constitution of India does not have specific laws that focus on sustainable development in environmental law. However, Article 47 does relate to environmental issues. It states, “The state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.”
This means that the government has a responsibility to support public health and quality of life, which depend on a healthy environment. This connection is important for sustainable development.
After the Stockholm Declaration, the Indian Government made important changes to protect the environment by adding new laws in the 42nd Amendment Act of 1976 to the Constitution of India. This amendment included Articles 48(A) and 51(A)(g) in the Directive Principles of State Policy and Fundamental Duties.
Article 48(A) says, “The state shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country.” This means the government must focus on keeping the environment safe.
Article 51(A)(g) states, “It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to show compassion for living creatures.” This highlights that everyone has a role in taking care of the environment.
Because of these amendments, the courts now have the power to get involved in environmental issues and take action to protect the environment.
Sustainable Development in Environmental Law- International Perspective
Sustainable development in environmental law is an important idea worldwide. It acknowledges that everything humans do affects the environment, often causing more harm than good. Human activities can disturb ecosystems, which are essential for the well-being of all living things, including humans.
Around the world, various efforts focus on protecting the environment through the idea of “Sustainable Development.” This concept encourages responsible development that satisfies current needs without harming future generations’ ability to meet their needs.
It promotes a balanced approach that considers social, economic, and environmental factors, ensuring a healthy relationship between human activities and nature.
The Stockholm Declaration of 1972
The year 1972 marked a significant turning point in the history of global environmental governance. The United Nations organized the United Nations Conference on the Human Environment, which convened in Stockholm in June 1972. During this historic conference, a series of strategies and agreements were formulated to address environmental protection on a global scale.
The resulting Stockholm Declaration is often referred to as the “Magna Carta of the environment” as it stands as the first international document to explicitly declare the right to a healthy environment as a fundamental and independent right.
This declaration holds immense significance, laying the foundation for international environmental standards and principles that continue to guide nations worldwide. During the Stockholm conference,
Prime Minister Mrs. Indira Gandhi of India emphasized the unique perspective of developing countries, highlighting that for them, development was not just a goal but a
means to enhance living.
Johannesburg Declaration on Sustainable Development 2002
The Johannesburg Declaration on Sustainable Development was created by delegates from around the world and marked an important step toward a sustainable future. It recognized ongoing challenges to our environment, such as losing biodiversity, declining fish stocks, desertification, climate change, natural disasters, and pollution of air, water, and marine ecosystems.
The declaration acknowledged that we can fight poverty while also achieving sustainable development and improving environmental laws. It stressed the need for effective, accountable, and cooperative global and regional organizations to support these efforts.
Overall, the Johannesburg Declaration showed a shared commitment to using resources wisely for the benefit of everyone and addressing the urgent challenges that threaten our future.
Sustainable Development and Environment Protection
Sustainable development is no longer just the concern of governments; it is now a key issue for everyone. People and countries are realizing that current development models, often based on Western examples, are not sustainable. There is a growing need for a more active and responsible approach to development.
Information and communication technologies are important for achieving sustainable development. Programs like the ‘Sustainable Development Networking Program’ are essential to support this effort from the start.
Open spaces are important for the health of a city, often called its “lungs.” In 1996, the Supreme Court of India ordered the closure or relocation of certain industries in Delhi to make room for these open spaces, also known as ‘lung spaces.’ While some industries moved, many were hesitant to give up their land.
This led the Supreme Court to state that delays in legal cases related to the environment should not happen in public interest matters.
The main aim of this order was to create open spaces for the public’s benefit. However, even after more than four years, this goal was not achieved. Some industries that followed the master plan for Delhi did not have to give up their land if they started operations after getting the necessary approvals, creating a different situation for those industries.
Conclusion
Sustainable development in environmental law is the compass guiding our collective journey towards a harmonious coexistence between human prosperity and ecological preservation.
Rooted in the recognition that our actions today have profound implications for future generations, this principle underscores the imperative to strike a delicate balance between economic advancement, social equity, and environmental stewardship.
THE RIGHT TO A WHOLESOME ENVIRONMENT
INTRODUCTION
This article titled “Right to Wholesome Environment: Evolution and Application” deals with the right of people to have a safe and healthy environment around them. The article begins with a brief on Article 21 as it guarantees personal life which in turn includes right to wholesome environment.
ARTICLE 21
Article 21 reads, “Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Part III of the Indian Constitution defines citizens’ fundamental rights but does not explicitly mention the right to a healthy environment. Nonetheless, the Supreme Court guidelines are important, and the interpretation of Article 21 has been expanded to include this right.
Article 21 is a key fundamental right in the Constitution, protected under Article 32, which covers the Right to Constitutional Remedies. The Right to Life in Article 21 is essential for protecting life.
While concentrating on the connection between Article 21 and the idea of a wholesome environment, emphasis has been placed on the significance of preventing the robbery of life. Environmental quality and general health have an impact on a person’s life expectancy; as a result, one of a person’s fundamental rights is the right to live in a clean environment.
RIGHT TO WHOLESOME ENVIRONMENT
Everyone has the right to a healthy environment. In 2012, Jayanthi Natrajan, who was the Union Minister of State for Environment and Forests, stressed the need to protect this right.
The Environmental (Protection) Act of 1986 defines important parts of the environment, including air, water, land, and the well-being of people and animals. A “wholesome environment” means safe and healthy living conditions.
The case of Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh was important because it recognized that the right to a wholesome environment is part of the right to life and personal freedom. In the case of Subhash Kumar v. State of Bihar, the court further explained that the term “life” in Article 21 includes the need for environmental protection.
ROLE OF JUDICIARY IN MAKING LAWS TO PROTECT ENVIRONMENT
- sustainable development
- precautionary principle
- whoever pollutes pays principle
Constitutional Provisions
Right to Equality and Environment Protection (Article 14):
Equality before the law and equal protection of the law has been granted under article 14 of the Constitution. This fundamental right impliedly casts a duty upon the state to be fair while taking actions in regard to environmental protection and thus, cannot infringe article 14. In cases of exercise of arbitrary powers on behalf of the state authorities, the judiciary has played a strict role in disallowing the arbitrary sanction. Use of discretionary powers without measuring the interest of the public violates the fundamental right of equality of the people.
In Bangalore Medical Trust v. B.S Muddappa, the City Improvement Board designated land for a low-level park. However, the chief minister ordered this land to be used for a hospital instead. Residents filed a petition in the high court, which ruled in their favor. The case then went to the supreme court, where the appellant claimed that land allocation is a discretionary power and that using the land for a hospital was acceptable.
The supreme court, however, rejected the appeal, stating that open spaces and parks are crucial for cities and public well-being. The court emphasized that these lands should not be sold or leased for profit, as they are essential for the community.
Freedom of Speech and Expression and Environment (Article 19(1) (a)):
The right to speak and express oneself is a fundamental right in India, found in Article 19(1)(a) of the Constitution. Many individuals have gone to court to defend this right, including in the case of Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, where they raised concerns about a clean environment and their right to livelihood.
The media is crucial in shaping public views on environmental issues, and this role is recognized as part of the freedom of the press under Article 19(1)(a).
Freedom of Trade and Commerce and Environment Protection (Article 19(1) (g)):
Every citizen in India has the right to work in any profession, business, trade, or commerce anywhere in the country, as stated in Article 19(1)(g) of the Constitution. However, this right is not unlimited and has reasonable restrictions. Article 19(6) explains these restrictions to protect the environment.
These rules aim to prevent environmental harm and preserve our ecological balance. Therefore, individuals cannot engage in activities that damage the environment while conducting their business or profession. This highlights the need for responsible practices in both business and environmental care.
In the case of M.C. Mehta v. Union of India, AIR 1988 SC 1037, tanneries were dumping harmful waste into the Ganga, causing serious pollution. They failed to set up a waste treatment plant despite repeated reminders. The court ordered the tanneries to shut down due to their inaction. While it acknowledged potential job losses, it stated that protecting health, life, and the environment is more important.
Directive Principle of State Policy (Article 48(A)):
Protection and improvement of environment and safeguarding of forests and wild life The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
In Sher Singh v. Himachal Pradesh, It was held that the citizens of the country have a fundamental right to a wholesome, clean and decent environment. The Constitution of India, in terms of Article 48A, mandates that the State is under a Constitutional obligation to protect and improve the environment and to safeguard the forest and wild life in the country.
The Parliament availed the opportunity provided by the Constitution (Forty-second Amendment) Act, 1976 to improve the manifestation of objects contained in Article 48 and 48-A. While Article 48-A speaks of environment, Article 51-A (g) employs the expression the natural environment and includes therein forests, lakes, rivers and wild life. While Article 48 provides for cows and calves and other milch and draught cattle,
Article 51-A(g) enjoins it as a fundamental duty of every citizen to have compassion for living creatures, which in its wider fold embraces the category of cattle spoken of specifically in Article 48.
In T.N. Godavarman Thirumalpad v. Union of India & Ors., a three-Judge Bench of this Court read Article 48-A and Article 51-A together as laying down the foundation for a jurisprudence of environmental protection and held that: Today, the State and the citizens are under a fundamental obligation to protect and improve the environment, including forests, lakes, rivers, wild life and to have compassion for living creatures.
Public Interest Litigation in Environmental Protection
Public Interest Litigation (PIL) allows any individual, organization, or group to go to court to help the public or protect the public’s interests. In India, PIL has been important for promoting environmental protection and conservation.
People can file PIL against both public and private entities that break environmental laws or harm the environment. PIL often addresses issues like protecting the environment, controlling pollution, conserving natural resources, and supporting sustainable development.
PIL helps to promote transparency and accountability in governance by holding public authorities responsible for their actions or inactions regarding environmental protection. PIL in environmental law has also helped to create awareness among citizens about environmental issues and their rights. It has empowered people to take action against environmental violations and seek redressal from the judiciary.
The Supreme Court, in the case of Indian Council for Enviro-Legal Action vs. Union of India, issued a warning to industries that discharge dangerous substances like Oleum and H acid. The court stated that such pollution is a violation of the right to a safe and healthy environment and, ultimately, the right to life.
In the landmark case of Vellore Citizens’ Welfare Forum vs. Union of India, the Supreme Court allowed a public-spirited social organization to represent the residents of Vellore to protect their health. In this case, the tanneries located around the Palar River in Vellore, Tamil Nadu, were found to be discharging toxic chemicals into the river, endangering the health of the residents. As a result, the Court ordered the tanneries to close their businesses.
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The Water prevention and control of pollution Act 1974
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
Introduction
The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country. The Act was amended in 1988. The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities.
This cess is collected with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. The Act was last amended in 2003.
Definitions
In this Act, unless the context otherwise requires,—
Section 2 (a) -“Board” means the Central Board or a State Board;
Section 2 (e) -“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 acquatic organisms;
Agencies for controlling Water Pollution
Central Board- Central Pollution Control Board
Constitution and Composition (Section 3)
The Central Government can establish the Central Pollution Control Board as outlined in an official gazette notice. The board comprises:
- A chairman appointed by the Central Government, with expertise in environmental protection.
- Up to 5 Central Government officials.
- No more than 5 nominees from the State Boards.
- A maximum of 3 members representing agriculture, fisheries, trade, or related interests.
- 2 representatives from companies owned by the Central Government.
- A full-time Member Secretary with experience in scientific management and environmental pollution prevention.
Functions of Central Board (Section 16)
The Central Pollution Control Board should:
- Advise the Government : Provide recommendations on policies and strategies for preventing and controlling water pollution.
- Coordinate State Boards : Facilitate communication and collaboration among State Pollution Control Boards to resolve disputes and ensure cohesive efforts.
- Offer Technical Assistance : Support State Boards with expertise and resources to tackle water pollution challenges effectively.
- Organize Training Programs : Conduct training for individuals involved in water quality management to enhance their skills in pollution control.
- Raise Public Awareness : Launch media campaigns to educate the public about water pollution prevention and promote actionable steps for individuals and communities.
These actions will enhance the effectiveness of water pollution management efforts.
State Board- State Pollution Control Board
Constitution and Composition (Section 4)
The state government has the authority to establish a State Pollution Control Board through an official notice in the Gazette. The composition of the state board includes:
- Chairman : An individual with knowledge or experience in environmental pollution cases.
- Government Members : Up to 5 representatives appointed by the state government.
- Local Authority Members : No more than 2 from local authorities.
- Interest Representatives : Up to 3 nominees representing fisheries, agriculture, trade, and other interests.
- Corporate Representatives : 2 from state-controlled companies or corporations.
- Member Secretary : A qualified individual with expertise in environmental pollution.
Functions of State Board (Section 17)
- Comprehensive Planning : Create and implement a detailed action plan.
- Government Advisory: Offer guidance to the State Government on pollution issues.
- Training Partnerships : Collaborate with the central board for personnel training.
- Effluent Standards : Establish and modify standards for sewage and trade effluents and assess water quality.
- Agricultural Utilization : Develop methods for using treated sewage and trade effluents in agriculture.
- Laboratory Setup : Empower the state Board to establish labs for sampling and analyzing water.
Prevention and Control of Water Pollution
Under Section 19 of the Act, the state board can define the territorial jurisdiction of its orders related to water pollution control. This means orders will apply only to areas affected by pollution, and the board determines which areas are classified as polluted based on maps, watersheds, or district boundaries.
Section 20 of the Act allows the State Pollution Control Board to inspect land and conduct surveys to prevent water pollution. It can request companies to provide information on their operations.
Section 21 permits the Board or its employees to analyze streams or wells for pollution control.
The Board can restrict access to individuals dealing with poisonous or polluting substances as per established standards. According to Section 25, no industry can begin operations or sewage treatment without the Board’s prior approval, which may include specific conditions.
If operations start without approval, the Board can impose conditions. Section 27 enables the Board to deny approval for setting up or continuing operations if compliance issues are found and allows reevaluation of previously granted conditions.
Samples of effluents
Samples of effluents under the Water Act of 1974 typically include various types of wastewater generated by industrial, domestic, and agricultural activities. These samples are analyzed to assess their chemical and biological characteristics to ensure compliance with environmental standards.
Section 21 of the Water (Prevention and Control of Pollution) Act, 1974, allows the State Pollution Control Board (SPCB) or its authorized representatives to analyze and monitor water bodies, including streams and wells, to ensure the effective control of water pollution.
Procedure
- Sampling : The Board can take water samples for testing to evaluate pollution levels.
- Monitoring : It conducts inspections to identify pollution sources and assess control measures.
- Regulatory Authority : This section reinforces the Board’s role in maintaining water quality and public health.
- Enforcement : If pollution exceeds limits, the Board can take action against violators, which may include fines, restrictions, or directives for remedial measures.
Refusal or Withdrawal of Consent by the State Board [section -27]
The State Board will not grant consent for the establishment of any industry, operation, process, or treatment and disposal system unless it complies with specific conditions that allow the Board to take effluent samples. The State Board has the authority to periodically review any conditions imposed under sections 25 or 26. This includes the ability to notify the relevant party about reasonable changes or revocations of such conditions.
The Board may also revisit the refusal of consent or the granting of consent without conditions, making any necessary orders that it finds appropriate. Conditions imposed under sections 25 or 26 remain effective until they are revoked based on the Board’s review process.
Consent requirement – procedure
The consent requirement procedure under the Water (Prevention and Control of Pollution) Act, 1974 includes:
- Application Submission – Industries seeking to discharge effluents must apply for consent to the State or Central Pollution Control Board.
- The Board reviews applications for compliance with water quality standards and potential environmental impacts.
- In some cases, the Board may conduct public consultations to gather input from stakeholders and the local community regarding the proposed project.
- The Board grants or refuses consent, and if granted, it may include specific conditions.
- Conditions may include limits on effluent discharge, monitoring requirements, or specific measures to prevent pollution.
- The Board periodically reviews consent and can modify or revoke it as necessary.
- Consent remains effective until revoked or changed by the Board.
This procedure helps prevent and control water pollution while promoting sustainable development.
Citizen suit provision
The citizen suit provision under the Water (Prevention and Control of Pollution) Act, 1974, allows individuals or groups to take legal action against entities they believe are violating the provisions of the Act or causing water pollution. This provision empowers citizens to play a proactive role in protecting water resources and ensuring compliance with pollution control measures. Key features of the citizen suit provision include:
- Any individual or organization may file a suit if they have a genuine interest in protecting the environment and believe their interests are being harmed by pollution.
- Citizens can seek various forms of relief through the courts, including injunctions to stop polluting activities, enforcement of compliance with the Act, or compensation for damages caused by water pollution.
- It is often required that the concerned authorities (such as the State Pollution Control Board) be notified about the violations before filing a suit, allowing them an opportunity to address the issue.
- The provision emphasizes the importance of public interest in environmental protection and reflects a broader commitment to engage the community in safeguarding natural resources.
- Courts have the authority to review cases brought under this provision and can issue directions to ensure adherence to water quality standards. This citizen suit provision strengthens the framework for water pollution control by encouraging community involvement and enhancing accountability among polluters.
Municipal Council, Ratlam vs. Vardichand (1980) In this landmark case, the Supreme Court of India emphasized the importance of proper sewage disposal and environmental protection. The court directed the Municipal Council to take immediate steps to control water pollution caused by untreated sewage being discharged into the nearby water bodies. The ruling highlighted that the authorities have a duty to ensure public health and take measures to prevent water pollution.