Legum Baccalaureus (LLB) - Environmental Law 1st Semester Syllabus Short Notes
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UNIT-1
Meaning of Environment
The concept of environment is derived from the French word "environnor" which means "to encircle" or "to surround."
Definition of Environment
According to Section 2(a) of environmental protection act, 1986, Environment includes water, air, land & interrelationship which exist among & between water, air, land in relation to human, other living creation and plants, microorganisms & properties.
Ecology
Ecology is the scientific study of the relationships between living organisms and their environment. It focuses on the interactions between organisms and their physical, chemical, and biological surroundings, and how these interactions shape the distribution and abundance of different species, the functioning of ecosystems, and the overall health of the planet.
Ecology also encompasses the study of natural resources and how they are used and managed by humans.
Ecosystem
An ecosystem is a biological community of interacting organisms (plants, animals, and microbes) and their physical environment (such as air, water, and soil). It includes both living (biotic) and nonliving (abiotic) components, and the interactions among them determine the flow of energy and the cycling of nutrients within the ecosystem. Ecosystems can vary in size, from small microcosms to large biomes like a tropical rainforest or a coral reef.
They play a critical role in maintaining the balance of nature and providing various ecological services such as air and water purification, soil formation, pollination, and climate regulation.
Biosphere
The biosphere refers to the part of the Earth's surface, atmosphere, and hydrosphere where life exists. It includes all living organisms and their interactions with each other and with the physical and chemical factors in their environment.
The biosphere can be considered as a complex ecosystem where living organisms constantly interact with non-living components like soil, water, air, and sunlight to form a self-regulating system. The biosphere plays a crucial role in maintaining the planet's habitable conditions and supporting the diversity of life forms on Earth.
Biomes
Biomes are large areas of the earth's surface that have similar climatic and ecological conditions, resulting in similar plant and animal communities. They are usually classified based on their vegetation, climate, and geographical location. Biomes can be terrestrial, such as forests, deserts, and grasslands, or aquatic, such as freshwater and marine ecosystems. Some examples of biomes include tropical rainforests, temperate forests, savannas, tundras, and coral reefs. Each biome has unique characteristics, and understanding them is crucial for conservation and management efforts.
Ozone Depletion
Ozone depletion refers to the decrease in the concentration of ozone (O3) in the Earth's stratosphere. The ozone layer is a protective shield in the upper atmosphere that absorbs most of the sun's harmful ultraviolet (UV) radiation, which is known to cause skin cancer, cataracts, and other environmental problems. However, certain chemicals, such as chlorofluorocarbons (CFCs), can break down the ozone molecules, leading to a reduction in ozone concentration.
Ozone depletion has become a significant environmental concern, as it can have severe implications for human health and the environment. Increased UV radiation can cause skin cancer, damage crops, and reduce the yield of certain crops, such as soybeans and maize. Additionally, it can harm marine ecosystems, disrupting the food chain and causing changes in the distribution and abundance of marine species.
To address the issue of ozone depletion, the international community came together to sign the Montreal Protocol in 1987. This agreement aimed to phase out the production and consumption of ozone-depleting substances (ODSs), such as CFCs, halons, and methyl bromide. As a result of the Montreal Protocol and subsequent amendments, the production and consumption of ODSs have been significantly reduced, and the ozone layer is expected to recover by the middle of the 21st century.
Global Warming
Global warming refers to the long-term rise in Earth's average surface temperature due to the increase in greenhouse gases, primarily carbon dioxide (CO2), in the atmosphere. These gases trap the heat from the sun, which would otherwise escape into space, causing the planet's temperature to rise. The burning of fossil fuels, deforestation, and other human activities have significantly increased the concentration of greenhouse gases in the atmosphere, leading to global warming. This phenomenon has led to several environmental changes, including melting glaciers, rising sea levels, more frequent and severe weather events, and changes in ecosystems and animal behaviour.
Climate Change
Climate change refers to a long-term alteration in the average weather conditions that have come to define Earth's local, regional and global climates. It encompasses not just variations in temperature, but also changes in precipitation patterns, sea level rise, and more frequent and intense weather events, such as hurricanes, droughts, and floods.
The primary cause of climate change is the release of greenhouse gases, primarily carbon dioxide, into the atmosphere through human activities such as burning fossil fuels and deforestation. The effects of climate change are widespread and impact not only the environment but also human societies, economies, and health.
Need for Preservation, Conservation and protection of environment
The preservation, conservation, and protection of the environment are crucial for the survival and well-being of all living beings. The following are some of the reasons why environmental preservation is necessary:
1. Biodiversity preservation: The environment provides habitat and support for millions of plant and animal species. The loss of biodiversity can lead to devastating consequences for the ecosystem and its inhabitants.
2. Climate stability: The environment helps regulate the Earth's climate through natural processes such as the water cycle, photosynthesis, and the carbon cycle. The destruction of natural ecosystems can lead to climate change and its disastrous consequences.
3. Natural resource management: The environment provides valuable natural resources such as water, timber, and minerals. Proper environmental management can ensure sustainable use of these resources and prevent their depletion.
4. Human health: The environment directly affects human health through the quality of air, water, and food. Environmental pollution can lead to numerous health problems such as respiratory illnesses, cancer, and neurological disorders.
5. Economic benefits: Proper environmental management can also provide significant economic benefits, such as tourism and the development of renewable energy sources.
In summary, the preservation, conservation, and protection of the environment are essential for the survival and well-being of all living beings and the planet as a whole.
Ancient Indians approach to environment
India has a rich cultural and religious heritage that advocates a harmonious relationship between human beings and the environment. The ancient Indian approach to the environment is based on the belief that human beings are an integral part of nature and that the environment must be protected and preserved for the well-being of all living beings.
The ancient Indian texts such as Vedas, Upanishads, and Puranas have several references to environmental protection. The Vedas, which are considered the oldest scriptures, contain hymns that praise nature and its elements. They describe the universe as a complex and interconnected web of life, where every element is dependent on each other. The Upanishads also advocate for the protection of nature and the use of natural resources in a sustainable way.
One of the most prominent ancient Indian concepts related to the environment is that of "Ahimsa," which means non-violence or non-harm. Ahimsa is a central tenet of the Indian religions, including Hinduism, Buddhism, and Jainism. It emphasizes the need for living beings to coexist peacefully and to avoid causing harm to any other living being, including animals and plants.
Another ancient Indian approach to the environment is the concept of "Sanskriti," which means culture. Sanskriti refers to the cultural practices and traditions that are passed down from generation to generation, including those related to the environment. These cultural practices often involve the sustainable use of natural resources, such as the use of organic fertilizers in agriculture and the conservation of water resources.
Overall, the ancient Indian approach to the environment recognizes the interconnectedness of all living beings and emphasizes the need for coexistence and harmony between human beings and nature. It promotes the sustainable use of natural resources and the protection of the environment for the well-being of all living beings.
Environmental degradation and pollution
Environmental degradation refers to the deterioration of the environment through the depletion of natural resources such as air, water, and soil. Pollution, on the other hand, is the introduction of harmful substances into the environment that cause adverse effects on living organisms and the natural environment.
Pollution is a major contributor to environmental degradation, and it can take many forms, such as air pollution, water pollution, soil pollution, and noise pollution.
Environmental degradation and pollution have several negative impacts on both human beings and the environment. For instance, air pollution can cause respiratory problems, while water pollution can lead to the contamination of drinking water, which can cause waterborne diseases. Soil pollution, on the other hand, can lead to the contamination of crops and affect human and animal health.
The causes of environmental degradation and pollution are mainly attributed to human activities such as industrialization, urbanization, deforestation, and unsustainable agricultural practices. Human population growth, consumption patterns, and technological advances have also contributed significantly to environmental degradation and pollution.
To address environmental degradation and pollution, various legal frameworks, policies, and regulations have been established globally, nationally, and locally. These frameworks aim to promote sustainable development, protect the environment, and prevent pollution. Some of the strategies that have been implemented include the use of clean energy sources, waste management, afforestation, and promoting sustainable consumption and production patterns.
Kinds, causes and effects of pollution
Pollution can be broadly classified into different kinds based on their sources or causes. Here are some of the common types of pollution:
1. Air pollution: This is caused by the release of harmful gases and particulate matter into the air from sources such as transportation, industries, burning of fossil fuels, and wildfires.
2. Water pollution: This occurs when harmful substances such as chemicals, pesticides, and other waste products are released into bodies of water like rivers, lakes, and oceans.
3. Soil pollution: This is caused by the deposition of pollutants in the soil from sources like agriculture, mining, and industries.
4. Noise pollution: This occurs when the sound levels in the environment exceed permissible limits, leading to discomfort and health problems.
5. Light pollution: This refers to the excess or misdirected light in the environment that causes a disturbance to wildlife and affects human health.
The causes of pollution are diverse, and some of the most common causes include:
1. Human activities such as transportation, industry, agriculture, and construction
2. Natural causes such as wildfires, volcanic eruptions, and dust storms
3. Use of fossil fuels and chemicals
4. Improper waste disposal
5. Deforestation and land-use changes
The effects of pollution can be devastating and can affect human health, the environment, and wildlife. Here are some of the most significant effects:
1. Air pollution can lead to respiratory problems, asthma, and lung cancer, among other health problems.
2. Water pollution can harm aquatic life, reduce the availability of clean water, and cause health problems in humans who consume contaminated water.
3. Soil pollution can lead to the destruction of ecosystems and the depletion of soil nutrients, affecting agriculture and food production.
4. Noise pollution can lead to hearing loss, stress, and sleep disturbances.
5. Light pollution can disrupt natural ecosystems and affect the behaviour of animals.
Overall, pollution is a major threat to the environment and human health, and there is a need for measures to prevent, control, and mitigate its effects.
UNIT-2
Common Law remedies against pollution
1. Nuisance: Nuisance is an unreasonable interference with the use and enjoyment of one's land, and can be categorized as private nuisance or public nuisance. In cases of pollution, it can be classified as private nuisance if it affects an individual's property or public nuisance if it affects a community or a large group of people.
2. Trespass: Trespass occurs when someone enters the property of another without permission. It can be used as a remedy against pollution if the polluting substance enters another person's property without permission.
3. Negligence: Negligence occurs when someone fails to exercise reasonable care and causes harm to another person or their property. It can be used as a remedy against pollution if someone's actions (or inaction) causes pollution that harms another person or their property.
4. Strict Liability: Under strict liability, a person is held responsible for the harm caused by their actions or products, regardless of fault. This can be used as a remedy against pollution if a person or company is responsible for pollution, even if they did not intend to cause harm.
5. Injunction: An injunction is a court order that prohibits a person or company from engaging in a particular activity or requires them to take certain actions. It can be used as a remedy against pollution to stop the polluting activity or to require the polluter to take remedial measures.
These common law remedies have been used in various pollution cases to provide relief to the affected parties and to deter future pollution.
Trespass
Trespass refers to an act of interference with another person's property or land without their permission or lawful authority. In the context of environmental law, trespass can refer to actions that cause harm or damage to the environment, such as dumping toxic waste on private or public land or entering protected areas without permission. Trespass is a common law remedy that can be used to seek damages or injunctions against those who engage in such harmful activities. In many cases, environmental trespass is also subject to statutory liability under various environmental protection laws.
Negligence
Negligence is a legal concept that refers to a failure to exercise reasonable care in one's actions, resulting in harm or injury to another person or their property.
In the context of environmental pollution, negligence may refer to the failure of individuals or corporations to take reasonable steps to prevent or mitigate pollution, leading to harm to the environment or human health. Negligence may be proven in court through evidence that a reasonable person or entity in the same circumstances would have acted differently to prevent harm. Negligence can be a basis for liability and damages in civil lawsuits related to environmental pollution.
Theories of strict liability and Absolute liability
Strict liability and absolute liability are two legal doctrines that impose liability for harm caused by certain activities or substances, regardless of fault or intent. Strict liability holds a person or entity liable for harm caused by their activities, even if they did not act negligently or intend to cause harm. This doctrine is often applied in cases involving dangerous or inherently risky activities, such as using explosives or keeping wild animals.
Absolute liability is a stricter form of liability that holds a person or entity strictly liable for harm caused by their activities, regardless of fault, intent, or foreseeability. This doctrine is typically applied in cases involving activities or substances that are inherently dangerous and pose a significant risk to public health and safety.
An example of strict liability is the case of Rylands v Fletcher (1868), in which the defendant owned a reservoir that was built on their property. The reservoir broke and flooded the plaintiff's coal mines, causing extensive damage. Although the defendant had not acted negligently, the court held them strictly liable for the harm caused by the reservoir, because it was a dangerous or "non-natural" use of land.
An example of absolute liability is the case of M.C. Mehta v. Union of India (1987), in which the Supreme Court of India held that industries engaged in hazardous activities, such as the production and handling of toxic chemicals, were strictly and absolutely liable for any harm caused by their activities, regardless of fault or intent. The court reasoned that these industries posed an inherent risk to public health and safety, and therefore should be held strictly and absolutely liable for any harm caused by their activities.
Relevant Provisions of IPC and CrPC and CPC for the abatement of public nuisance in pollution cases
Public nuisance is a criminal offence under the Indian Penal Code (IPC) and can be prosecuted under Section 268 of the IPC. Additionally, the Criminal Procedure Code (CrPC) and the Code of Civil Procedure (CPC) provide for remedies in cases of public nuisance.
- Under Section 133 of the CrPC, a District Magistrate, Sub-divisional Magistrate or any other Executive Magistrate empowered by the State Government in this behalf, may order any person who causes a public nuisance to abate the same within a specified time. In case of non-compliance of such an order, the Magistrate may take necessary action to ensure that the nuisance is abated.
- Section 91 of the CrPC empowers the Magistrate to issue an order for the production of any document or thing which is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under the Code.
Under the CPC, any person who has suffered damage or injury as a result of a public nuisance can file a civil suit for compensation or for an injunction to stop the nuisance. Additionally, the National Green Tribunal (NGT) established under the National Green Tribunal Act, 2010, has the power to hear and dispose of cases relating to environmental disputes, including public nuisance caused by pollution.
In cases of pollution, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 provide for strict liability and absolute liability for the abatement of pollution. The authorities under these acts are empowered to take necessary actions to ensure that the polluter abates the pollution and also to impose penalties for non-compliance.
Remedies and specific relief act
The Specific Relief Act, 1963 provides for various remedies that can be sought for environmental issues. Some of these remedies are:
- Injunction: An injunction is a court order restraining a party from carrying out an activity that may cause harm to the environment. For example, an injunction can be sought to stop a factory from dumping waste into a river.
- Specific Performance: Specific performance is a remedy that requires a party to perform a specific obligation. For example, if a party has agreed to plant trees in a certain area but has failed to do so, a court may order specific performance and require the party to plant the trees.
- Damages: Damages are a monetary award that is given to compensate for harm caused by the actions of another party. For example, if a party has caused damage to the environment, damages may be awarded to compensate for the harm caused.
The Civil Procedure Code, 1908 and the Criminal Procedure Code, 1973 also provide for remedies in environmental cases. For instance, in a civil suit filed for compensation for environmental damage caused by a company, the court may direct the company to pay compensation to the affected parties. Similarly, in criminal cases, the court may impose fines or imprisonment on the company or its officials responsible for causing environmental harm.
Overall, the Specific Relief Act, 1963, and the Civil Procedure Code, 1908, and the Criminal Procedure Code, 1973 provide several remedies for environmental issues. However, the effectiveness of these remedies depends on the particular case and the ability of the parties involved to enforce them.
Relief against smoke and noise
Under the Indian legal system, individuals affected by smoke and noise pollution have certain legal remedies available to them:
- Injunction: A person can seek an injunction from the court to restrain the defendant from causing smoke or noise pollution. An injunction is a court order that prohibits the defendant from engaging in the activity that causes the pollution.
- Damages: An affected person can also claim damages for the losses suffered due to the smoke or noise pollution. Damages refer to the monetary compensation paid by the defendant to the plaintiff for the harm caused.
- Public Nuisance: Smoke and noise pollution can be considered a public nuisance, and a complaint can be filed under Section 133 of the Code of Criminal Procedure, 1973. The Magistrate, after holding an inquiry, may issue an order for the abatement of the nuisance.
- Specific Relief Act: Under the Specific Relief Act, 1963, a person can seek specific performance of a contract or agreement, which includes a provision for preventing or mitigating smoke and noise pollution.
Overall, individuals affected by smoke and noise pollution can seek relief through civil and criminal courts under the relevant provisions of the law.
Noise pollution
Noise pollution refers to the excessive noise that is either caused by human activities or natural phenomena, which disturbs the normal functioning of life. It can be defined as an unwanted or offensive sound that unreasonably interferes with daily activities, such as sleeping, studying, communicating, or working. Noise pollution can lead to adverse health effects, including hearing loss, stress, high blood pressure, sleep disturbance, and decreased work performance.
Sources of noise pollution can include transportation, industrial activities, construction sites, entertainment venues, and residential areas. The level of noise pollution is measured in decibels (dB), and prolonged exposure to noise levels above 85 dB can cause hearing damage.
In order to control noise pollution, laws and regulations have been enacted in many countries to limit noise levels in residential, commercial, and industrial areas. These laws usually set limits on noise levels for different times of day and for different areas. Noise barriers, noise-absorbing materials, and mufflers are commonly used to reduce the impact of noise pollution.
Individuals who are affected by noise pollution may be entitled to legal remedies under the applicable laws, such as seeking a court order to stop the source of the noise or claiming compensation for damages caused by the noise pollution.
UNIT – 3
The Law relating to the prevention, conservation and protection of forests, wild life and endangered species, marine life, costal ecosystem and lakes. Etc.
The Indian legal framework recognizes the importance of preserving and protecting forests, wildlife, and other natural resources. The following are some of the laws and regulations governing the conservation and protection of natural resources in India:
1. The Wildlife Protection Act, 1972 - This act aims to provide for the protection of wild animals and plants, as well as the prevention of hunting, poaching, and trade in wildlife.
2. The Forest Conservation Act, 1980 - This act is aimed at preserving the forests and wildlife, and to ensure that the forests are used in a sustainable manner.
3. The National Green Tribunal Act, 2010 - This act is aimed at providing a specialized forum for effective and speedy disposal of cases related to the environment.
4. The Environmental Impact Assessment (EIA) Notification, 2006 - This notification requires project proponents to obtain environmental clearance before commencing any new project or expansion of an existing project.
5. The Water (Prevention and Control of Pollution) Act, 1974 - This act is aimed at preventing and controlling water pollution.
6. The Air (Prevention and Control of Pollution) Act, 1981 - This act is aimed at preventing and controlling air pollution.
7. The Indian Forest Act, 1927 - This act provides for the conservation of forests and the protection of wildlife.
8. The Biological Diversity Act, 2002 - This act is aimed at conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources.
9. The Coastal Regulation Zone (CRZ) Notification, 2011 - This notification regulates activities in the coastal zone, including activities related to land reclamation, construction, and tourism.
These laws and regulations aim to prevent the destruction of forests and wildlife, promote sustainable use of natural resources, and ensure the protection of ecosystems and biodiversity. The government of India also takes various measures to implement and enforce these laws, including setting up specialized bodies such as the National Biodiversity Authority, State Pollution Control Boards, and Forest Departments.
Prevention of cruelty towards animals
The prevention of cruelty towards animals is an important aspect of environmental protection. In India, the Prevention of Cruelty to Animals Act, 1960 is the primary legislation that regulates the treatment of animals.
The Act provides for the prevention of cruelty to animals and establishes the Animal Welfare Board of India, which is responsible for promoting animal welfare in the country. The Board also advises the government on animal welfare matters and makes recommendations for the effective implementation of the Act.
The Act defines cruelty towards animals and prohibits certain acts, such as beating, kicking, overworking, and subjecting animals to unnecessary pain or suffering. It also regulates the use of animals in experiments and mandates the registration of animal establishments, such as circuses, zoos, and breeding facilities.
In addition to the Prevention of Cruelty to Animals Act, several other laws also provide for the protection of animals, including the Wildlife Protection Act, 1972, the Forest Conservation Act, 1980, and the Environment (Protection) Act, 1986.
Overall, the protection of animals is an important aspect of environmental conservation and is essential for maintaining a healthy and balanced ecosystem.
The law relating to prevention and control of water pollution
The law relating to prevention and control of water pollution in India is primarily governed by the Water (Prevention and Control of Pollution) Act, 1974. The main objective of this Act is to prevent and control water pollution and to maintain the quality of water in the country.
Under this Act, the Central Pollution Control Board and State Pollution Control Boards have been established to oversee the implementation of the provisions of the Act. The Act empowers these Boards to take measures for the prevention and control of water pollution, such as conducting surveys, monitoring water quality, inspecting sewage and industrial effluent treatment plants, and imposing penalties for non-compliance.
The Act also requires industries and other establishments to obtain consent from the Pollution Control Boards before discharging any effluent or sewage into water bodies. It lays down standards for the quality of water that can be discharged into water bodies, and requires industries to install treatment plants to treat their effluent before discharging it into water bodies.
The Act provides for the establishment of a Central Laboratory and State Laboratories for the analysis of samples of water and sewage for the purpose of monitoring water quality. It also provides for the establishment of a Water Pollution Control Fund to finance the measures taken for the prevention and control of water pollution.
Apart from the Water (Prevention and Control of Pollution) Act, 1974, other laws such as the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 also contain provisions to deal with water pollution. The penalties for violating the provisions of these laws range from fines to imprisonment depending on the severity of the offence.
Overall, the law relating to prevention and control of water pollution in India aims to ensure that the quality of water is maintained for the benefit of present and future generations.
Air pollution
Air pollution refers to the presence of harmful substances in the air we breathe. These substances can come from natural sources or human activities and can have serious health and environmental impacts.
In India, the law relating to prevention and control of air pollution is mainly governed by the Air (Prevention and Control of Pollution) Act, 1981. This act provides for the prevention, control and abatement of air pollution through the establishment of Central and State Pollution Control Boards.
Under the act, the Central Pollution Control Board and State Pollution Control Boards have the power to monitor and regulate the discharge of pollutants from industries, vehicles and other sources. They also have the power to take action against polluting industries by issuing directions, imposing penalties and even closure of the industry in case of non-compliance.
The act also provides for the regulation of vehicular emissions and the use of fuels that cause less pollution. It mandates the use of catalytic converters and other pollution control devices in vehicles, and the use of cleaner fuels such as Compressed Natural Gas (CNG) and Liquefied Petroleum Gas (LPG) in public transport.
In addition to the Air (Prevention and Control of Pollution) Act, 1981, other laws and regulations also play a role in controlling air pollution in India. For example, the Motor Vehicles Act, 1988, lays down the standards for vehicular emissions, and the National Green Tribunal (NGT) has the power to take action against polluting industries and activities.
Overall, the law relating to air pollution in India is aimed at controlling and preventing the harmful effects of air pollution on human health and the environment. It is important for individuals and industries to comply with these laws and regulations to protect the air we breathe and ensure a healthy environment for future generations.
Environment pollution control mechanism
The environmental pollution control mechanism includes various laws, regulations, and policies at national and international levels to prevent and control pollution. Some of the key mechanisms are:
1. Environmental Impact Assessment (EIA): EIA is a process that evaluates the potential environmental impacts of proposed development projects. It helps to identify, predict, and evaluate the likely impacts of a project on the environment, and suggest measures to mitigate those impacts.
2. Pollution Control Boards (PCBs): PCBs are statutory bodies established under various environmental laws to prevent and control pollution. They have the power to issue notices, undertake inspections, and take legal action against polluting industries.
3. Command and Control Measures: These are regulatory measures that set standards and enforce them through penalties, fines, and legal action. These include emission standards for industries, vehicular emissions standards, and ambient air and water quality standards.
4. Market-Based Instruments: Market-based instruments are economic measures that provide incentives or disincentives for polluting activities. These include pollution taxes, subsidies for cleaner technologies, and emissions trading schemes.
5. Public Participation: Public participation is an essential element of the environmental pollution control mechanism. It provides citizens with the opportunity to participate in decision-making processes, access to information, and the right to seek legal redress in case of violations.
6. International Conventions and Treaties: International conventions and treaties, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, and the Convention on Biological Diversity (CBD), provide a framework for global cooperation and action on environmental issues.
7. Green Technologies: The use of green technologies such as renewable energy sources, energy-efficient appliances, and green buildings can help reduce pollution and promote sustainable development.
Law relating to environmental protection
The law relating to environmental protection includes various Acts, Rules, and regulations at national, state, and local levels that aim to protect the environment and promote sustainable development. Some of the key laws include:
1. The Environment (Protection) Act, 1986: This Act provides for the protection and improvement of the environment, prevention and control of pollution, and promotion of sustainable development.
2. The Water (Prevention and Control of Pollution) Act, 1974: This Act provides for the prevention and control of water pollution and the establishment of pollution control boards at the central and state levels.
3. The Air (Prevention and Control of Pollution) Act, 1981: This Act provides for the prevention, control, and abatement of air pollution and the establishment of pollution control boards at the central and state levels.
4. The Forest (Conservation) Act, 1980: This Act provides for the conservation of forests and the protection of wildlife and their habitats.
5. The Wildlife Protection Act, 1972: This Act provides for the protection of wildlife and their habitats, and regulates hunting, poaching, and trade in wildlife and their products.
6. The Biological Diversity Act, 2002: This Act provides for the conservation and sustainable use of biodiversity, and regulates access to genetic resources and traditional knowledge associated with biodiversity.
7. The National Green Tribunal Act, 2010: This Act provides for the establishment of a specialized court, the National Green Tribunal, to handle environmental disputes and enforce environmental laws.
These laws are enforced by various regulatory authorities, such as the Central Pollution Control Board, State Pollution Control Boards, Forest Departments, and Wildlife Departments. The courts also play an important role in interpreting and enforcing these laws, and in providing relief to affected parties through public interest litigation and other legal mechanisms.
Role of national environment tribunal, national environmental appellate authority and national green tribunal
The National Environment Tribunal (NET) and the National Environment Appellate Authority (NEAA) were two bodies established under the National Environment Appellate Authority Act, 1997. The NET was responsible for adjudicating on disputes arising from the implementation of the Water Act, the Air Act, and the Environment Protection Act. The NEAA was responsible for hearing appeals against decisions made by the NET.
In 2010, the National Green Tribunal (NGT) was established under the National Green Tribunal Act, to address the increasing number of environmental disputes and reduce the burden on the higher courts. The NGT has jurisdiction over all civil cases relating to environmental law, including the enforcement of any legal right relating to the environment, and the compensation for damages caused to people or property due to environmental pollution. The NGT also has the power to hear appeals against decisions made by the central or state pollution control boards.
The NGT has the power to issue orders, directions, and judgments, and to impose penalties for non-compliance with its orders. The NGT has five regional benches across India, each comprising of a judicial member and an expert member. The judicial member is a retired judge of the Supreme Court or a High Court, while the expert member has expertise in the field of environment, forests, or ecology.
The NGT has played a significant role in protecting the environment in India. It has passed orders to ban activities such as sand mining, quarrying, and deforestation, and has ordered compensation for damages caused by industries and other polluters. The NGT has also monitored the cleaning of rivers such as the Yamuna and the Ganga, and has ordered the closure of polluting industries along their banks.
UNIT- 4
Article 48A and Article 51A(g) of the constitution of India
Article 48A of the Constitution of India, which was added by the 42nd Amendment Act of 1976, directs the state to endeavor to protect and improve the environment and safeguard the forests and wildlife of the country.
Article 51A(g) of the Constitution, which was added by the 42nd Amendment Act of 1976, imposes a fundamental duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
Right to wholesome environment
The right to a wholesome environment is a fundamental right that has been recognized by the Supreme Court of India as part of the right to life under Article 21 of the Indian Constitution. This right includes the right to a clean and healthy environment, free from pollution and degradation.
The Supreme Court has interpreted the right to a wholesome environment as a part of the broader right to life, which includes the right to live in a pollution-free environment. This right has been used by the Court to enforce environmental laws and to protect the environment from further degradation.
The right to a wholesome environment has also been linked to the concept of sustainable development, which emphasizes the need to balance economic growth with environmental protection. In this context, the Supreme Court has held that the right to a wholesome environment includes the right to sustainable development.
Overall, the right to a wholesome environment is an important aspect of environmental protection in India, and has been instrumental in ensuring that the government and private entities take steps to prevent environmental degradation and protect the environment for future generations.
Right to development
The concept of the Right to Development is based on the principle that all individuals and communities have the right to participate in and contribute to the development process in order to improve their well-being and realize their full potential. It is recognized as a human right and enshrined in the Declaration on the Right to Development adopted by the United Nations General Assembly in 1986.
The Right to Development emphasizes the need for equal opportunities for all individuals and groups to participate in and benefit from development activities, and stresses the importance of sustainable development that takes into account the needs of present and future generations. It also recognizes the role of international cooperation in promoting development and reducing poverty.
In the context of environmental law, the Right to Development is often seen in relation to the need to balance economic development with environmental protection. It is recognized that economic development is necessary for achieving environmental goals, but it must be done in a sustainable manner that does not harm the environment or compromise the ability of future generations to meet their own needs.
Restriction on freedom of trade, profession, occupation for the protection of environment
The protection of the environment is a legitimate reason for the restriction of the freedom of trade, profession, and occupation. This means that the government can regulate or even prohibit certain commercial activities or practices that are deemed harmful to the environment.
Article 19(6) of the Indian Constitution allows the government to impose reasonable restrictions on the right to freedom of trade, profession, and occupation in the interests of the general public. The Supreme Court of India has held that protection of the environment is a part of the general public interest, and therefore, restrictions can be imposed on economic activities that may harm the environment.
For example, the government can regulate the establishment and operation of industries, mining activities, and construction activities in environmentally sensitive areas. It can also impose conditions on the discharge of pollutants and waste by industries, and prohibit or regulate the use of certain chemicals that are harmful to the environment.
In addition to constitutional provisions, there are various environmental laws in India that provide for restrictions on economic activities to protect the environment. For instance, the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, regulate the discharge of pollutants into water bodies and the air respectively. These Acts provide for penalties and even imprisonment for violations, which can act as a deterrent for businesses engaging in activities that harm the environment.
Immunity of environment legislation from judicial scrutiny (Article 31C)
Article 31C of the Indian Constitution provides immunity to certain laws related to the Directive Principles of State Policy from being challenged on the ground of violation of Fundamental Rights under Article 14 (Right to Equality) and Article 19 (Freedom of Speech and Expression) of the Constitution. These laws are deemed to be beyond the scope of judicial review.
However, this immunity is limited to laws related to the implementation of the Directive Principles of State Policy as stated in Article 39(b) and (c). The Directive Principles of State Policy include provisions related to the protection of the environment and wildlife, and therefore, laws related to environmental protection can be protected under Article 31C.
It is important to note that while environmental laws may enjoy immunity from judicial scrutiny under Article 31C, they are still subject to other provisions of the Constitution, including the Right to Life and Personal Liberty under Article 21. Additionally, the National Green Tribunal (NGT) has been established under the National Green Tribunal Act, 2010 to adjudicate disputes related to environmental laws and to provide effective and speedy disposal of cases related to environmental protection.
Legislative powers of the centre and state Government
In India, the legislative powers of the central and state governments with respect to environmental protection are defined in the Seventh Schedule of the Constitution.
The Union List (List I) includes subjects such as forests, protection of wild animals and birds, water and air pollution, and environmental pollution. The central government has the power to make laws on these subjects.
The State List (List II) includes subjects such as preservation of public health and sanitation, water supply, and agriculture. The state governments have the power to make laws on these subjects.
The Concurrent List (List III) includes subjects such as prevention and control of air pollution, water pollution, and environmental pollution, as well as forests and wildlife. Both the central and state governments can make laws on these subjects, but in case of any conflict between the central and state laws, the central law will prevail.
Writ jurisdiction
Writ jurisdiction is the power of the superior courts to issue writs for the enforcement of fundamental rights or legal rights or to correct an error or illegality committed by a lower court, tribunal, or public authority. In India, writ jurisdiction is provided under Articles 32 and 226 of the Constitution of India.
Article 32 provides the right to constitutional remedies and empowers the Supreme Court to issue writs for the enforcement of fundamental rights. Article 226 empowers the High Courts to issue writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of fundamental rights as well as for any other legal right.
The writ jurisdiction is an important mechanism for protecting the rights of citizens, ensuring accountability and transparency of public authorities, and maintaining the rule of law. It is a powerful tool that can be used to safeguard the interests of citizens and prevent any abuse of power by public authorities.
Role of Indian Judiciary in the evolution of environmental jurisprudence
The Indian Judiciary has played a crucial role in the evolution of environmental jurisprudence in India. The Supreme Court of India has been at the forefront of developing environmental jurisprudence in the country, and has delivered several landmark judgments that have had a significant impact on environmental protection in India.
One of the earliest cases in this regard was the case of Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh, in which the Supreme Court of India recognized the right to a clean environment as a fundamental right under Article 21 of the Indian Constitution.
Subsequently, the Court has delivered several other important judgments, such as the Vellore Citizens Welfare Forum v. Union of India, in which it held that the 'polluter pays' principle was a part of Indian environmental law, and the MC Mehta v. Union of India case, which resulted in the closure of polluting industries in Delhi.
The Indian Judiciary has also been active in enforcing environmental laws and regulations, and has taken a strict stance against those who violate environmental norms. The National Green Tribunal (NGT), which was established in 2010, has been a key player in this regard, and has delivered several important judgments related to environmental protection.
Overall, the Indian Judiciary has played a crucial role in the development and enforcement of environmental laws and regulations in India, and continues to do so today.
UNIT – 5
International Environmental Regime
The international environmental regime refers to the system of international treaties, agreements, protocols, and organizations that have been established to address global environmental challenges. It includes a wide range of issues such as climate change, biodiversity, air and water pollution, and hazardous waste management, among others.
The international environmental regime is a complex network of legal and institutional arrangements that govern the interactions between states, intergovernmental organizations, and non-state actors such as civil society groups and private companies. It is based on the principle of shared responsibility for the protection of the global environment, recognizing that environmental problems require collective action and cooperation at the global level.
Some of the key international agreements and organizations in the environmental regime include:
1. United Nations Framework Convention on Climate Change (UNFCCC): It is an international treaty that aims to stabilize greenhouse gas concentrations in the atmosphere to prevent dangerous anthropogenic interference with the climate system.
2. Convention on Biological Diversity (CBD): It is a treaty that aims to conserve biodiversity, ensure the sustainable use of its components, and ensure the fair and equitable sharing of the benefits arising from the utilization of genetic resources.
3. Stockholm Convention on Persistent Organic Pollutants (POPs): It is a treaty that aims to protect human health and the environment from the harmful effects of persistent organic pollutants, which are toxic chemicals that can persist in the environment for long periods and can accumulate in the food chain.
4. International Maritime Organization (IMO): It is a specialized agency of the United Nations that is responsible for regulating shipping and preventing marine pollution from ships.
5. World Health Organization (WHO): It is a specialized agency of the United Nations that is responsible for promoting public health and addressing environmental health risks, such as air and water pollution.
The international environmental regime is constantly evolving, with new agreements and organizations being established to address emerging environmental issues.
Transactional pollution
Transactional pollution refers to the transfer of environmental pollution from one country to another as a result of international trade and investment activities. This can occur when a multinational corporation, operating in a less developed country, engages in environmentally harmful practices that result in pollution that crosses national borders and affects neighboring countries. For example, a factory in one country may emit toxic waste that contaminates a river that flows into another country, causing harm to the environment and the health of its citizens. The issue of transactional pollution highlights the need for international cooperation and regulation to address environmental problems that transcend national boundaries.
State liability
State liability refers to the legal responsibility of the state for the damage or harm caused to the public or individuals due to the actions or omissions of the state, its officials or agents. In the context of environmental law, state liability arises when the state fails to take necessary measures to prevent or control environmental pollution, resulting in harm or damage to the environment or individuals.
The principle of state liability has been recognized by the Indian judiciary in various environmental cases, including the Oleum Gas Leak case and the Bhopal Gas Tragedy case. In these cases, the courts have held that the state has a duty to ensure the protection of the environment and the health of its citizens, and if it fails to fulfill this duty, it may be held liable for the harm caused.
The doctrine of absolute liability also imposes strict liability on the state for any harm caused due to hazardous activities, regardless of whether the state was negligent or not. Therefore, in case of environmental pollution caused by hazardous activities, the state may be held liable even if it was not directly responsible for the pollution.
Overall, state liability serves as a mechanism for ensuring that the state takes necessary measures to prevent and control environmental pollution, and provides adequate compensation for the harm caused to the environment and individuals.
Customary international law
Customary international law refers to the body of unwritten international laws and practices that have developed over time through the consistent and general acceptance and usage by states. It is based on the idea that certain actions, practices, or rules have been accepted by the international community as binding, even if they are not explicitly stated in a treaty or convention.
Customary international law is an important source of law in international environmental law. Many international environmental agreements, such as the Convention on Biological Diversity and the Convention on Climate Change, draw upon customary international law as a basis for their provisions. Additionally, customary international law has been recognized by international courts and tribunals as a valid source of law in environmental cases.
Liability of multinational corporations/Companies
The liability of multinational corporations/companies (MNCs) for environmental harm has been a subject of debate and controversy for many years. MNCs are often accused of causing environmental damage in their operations, either directly or indirectly through their supply chains. This damage can take various forms, such as air and water pollution, deforestation, and greenhouse gas emissions.
The liability of MNCs for environmental harm can be established through various legal frameworks, such as national laws, international conventions, and customary international law. Some of the legal principles that can be used to hold MNCs accountable for environmental harm include:
1. National environmental laws: MNCs can be held liable for violating national environmental laws of the countries in which they operate. These laws may impose various obligations on MNCs, such as obtaining environmental permits, complying with emission standards, and reporting environmental incidents.
2. International environmental conventions: MNCs can also be held accountable for violating international environmental conventions to which their home countries or host countries are party. For example, the Paris Agreement on climate change imposes obligations on companies to reduce their greenhouse gas emissions.
3. Customary international law: MNCs can be held liable for violating customary international law principles such as the "polluter pays" principle, which requires those who cause environmental harm to bear the costs of remediation.
In recent years, there have been several cases where MNCs have been held liable for environmental harm. For example, in the case of Chevron v. Ecuador, Chevron was ordered to pay $9.5 billion in damages for causing environmental harm in the Amazon rainforest. Similarly, in the case of Bhopal Gas Tragedy, Union Carbide (now a subsidiary of Dow Chemicals) was held liable for the gas leak that caused the death of thousands of people and caused severe environmental damage.
Overall, the liability of MNCs for environmental harm is an important issue that requires a robust legal framework to hold them accountable and prevent future harm to the environment.
Stockholm declaration and human environment 1972
The Stockholm Declaration on the Human Environment was adopted at the United Nations Conference on the Human Environment held in Stockholm, Sweden, in 1972. It was the first international conference on environmental issues and marked the beginning of international cooperation on environmental protection.
The declaration recognized the fundamental right to freedom, equality, and adequate conditions of life, as well as the need to protect and improve the human environment for present and future generations. It also called for the integration of environmental concerns into development planning and decision-making processes and recognized the need for international cooperation to address environmental issues.
The Stockholm Declaration laid the foundation for modern environmental law and policy, and many of its principles and objectives have been reflected in subsequent international environmental agreements and national environmental laws. It also led to the establishment of the United Nations Environment Programme (UNEP) to coordinate international efforts to protect the environment.
The role of UNEP for the protection of environment
The United Nations Environment Programme (UNEP) is a specialized agency of the United Nations responsible for coordinating international environmental activities and assisting countries in implementing environmentally sound policies and practices. It was established in 1972 as a result of the Stockholm Conference on the Human Environment.
The role of UNEP in the protection of the environment includes:
1. Convening international meetings and conferences on environmental issues and facilitating global cooperation on environmental policies and programs.
2. Providing technical assistance and capacity building to countries to help them develop and implement effective environmental policies and programs.
3. Undertaking environmental research and assessments, and providing information and advice on environmental issues to governments, organizations, and the public.
4. Promoting sustainable development, including the integration of environmental concerns into development policies and programs.
5. Encouraging the ratification and implementation of international environmental agreements and conventions.
6. Providing guidance and support to countries in the development and implementation of national environmental laws and regulations.
7. Raising public awareness about environmental issues and promoting public participation in environmental decision-making.
Overall, UNEP plays a crucial role in promoting global environmental sustainability and fostering cooperation among nations to address environmental challenges.
Ramsar convention 1971
The Ramsar Convention is an international treaty signed in 1971 (came into force 1975) that provides a framework for the conservation and wise use of wetlands and their resources. It is named after the city of Ramsar in Iran, where the convention was signed. The convention's mission is to halt the worldwide loss of wetlands and their functions, as well as to recognize the fundamental ecological functions of wetlands and their economic, cultural, scientific, and recreational value. The treaty has been ratified by 171 countries and has identified over 2,300 wetland sites around the world as Wetlands of International Importance, also known as Ramsar sites.
Bonn Convention (Migratory Birds) 1992
The Bonn Convention, formally known as the Convention on the Conservation of Migratory Species of Wild Animals, was signed in 1979 and entered into force in 1983. It is an international treaty that aims to conserve migratory species and their habitats by promoting cooperation among nations. The convention covers terrestrial, avian, and marine species that migrate across international borders, including whales, dolphins, sea turtles, and a variety of bird species. In 1992, the convention was amended and became known as the "Bonn Convention" to reflect its headquarters location in Bonn, Germany. The convention provides a framework for conservation and management measures, including the establishment of protected areas, research and monitoring programs, and international agreements to reduce threats to migratory species.
Nairobi Convention 1982 (CFCC)
The Nairobi Convention, also known as the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean, was adopted in 1985 and entered into force in 1996. It is an international treaty aimed at protecting and preserving the marine and coastal environment of the Western Indian Ocean.
The Convention addresses a range of issues, including pollution from land-based sources, biodiversity conservation, and sustainable management of natural resources. It promotes the implementation of measures to prevent, reduce, and control pollution from land-based sources and activities in the region. The Convention also encourages the conservation and sustainable use of marine and coastal biodiversity, including fisheries and other living resources.
The Nairobi Convention has been instrumental in promoting cooperation and coordination among the countries in the Western Indian Ocean region, including Comoros, Kenya, Madagascar, Mauritius, Mozambique, Seychelles, Somalia, South Africa, and Tanzania. It has helped to raise awareness about the importance of protecting the marine and coastal environment and has facilitated the sharing of knowledge and best practices among countries in the region.
Biodiversity Convention (Earth Summit), 1992
The Convention on Biological Diversity (CBD), also known as the Biodiversity Convention, was adopted at the Earth Summit in Rio de Janeiro in 1992. The CBD is an international treaty that aims to conserve and sustainably use the Earth's biological diversity, as well as to ensure equitable sharing of the benefits arising from the use of genetic resources. The convention has three main objectives: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from the utilization of genetic resources. The CBD has been ratified by 196 countries, making it one of the most widely adopted environmental treaties in the world.
Kyoto Protocol 1997
The Kyoto Protocol is an international treaty that was adopted at the United Nations Climate Change Conference in Kyoto, Japan, in 1997. It is a legally binding agreement aimed at reducing greenhouse gas emissions responsible for climate change.
The key objective of the Kyoto Protocol is to achieve "stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system." The treaty sets binding targets for 37 industrialized countries and the European Union to reduce their greenhouse gas emissions by an average of 5.2% below 1990 levels by the period 2008-2012.
The Kyoto Protocol also establishes a system of emissions trading, which allows countries that have exceeded their emissions targets to sell their excess emissions allowances to countries that are struggling to meet their targets. The Protocol's Clean Development Mechanism (CDM) allows industrialized countries to earn credits towards their emissions targets by investing in emission reduction projects in developing countries.
The Kyoto Protocol has been widely criticized for not doing enough to address the issue of climate change, as it only applies to a limited number of countries and has no targets for developing countries. Despite this, it is considered to be a significant step forward in international efforts to combat climate change, and it has led to the development of further international agreements and initiatives aimed at reducing greenhouse gas emissions.
Johannesburg convention 2002
The World Summit on Sustainable Development (WSSD) was a global conference that took place in Johannesburg, South Africa in 2002. It was organized by the United Nations and attended by representatives from over 190 countries, as well as NGOs and other organizations. The summit was focused on issues related to sustainable development, including poverty reduction, environmental protection, and economic growth. The conference produced a political declaration and a plan of action called the Johannesburg Plan of Implementation, which set out specific goals and targets for sustainable development. The WSSD was seen as a follow-up to the 1992 Earth Summit held in Rio de Janeiro, Brazil, and was an important milestone in international efforts to address global environmental and development challenges.
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GOTO OTHER SUBJECTS SHORT NOTES
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P-II: Public International Law
P-III: Interpretation of Statutes
P-V: Intellectual Property Law
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Note: Some of the short notes are intended for a basic understanding of the subject topics. For a more in-depth understanding, please refer to the textbooks.
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