2 Geetanjoy Sahu, 'Implications of Indian Supreme Court's Innovations For Environmental Content/uploads/lead-Paper - PDF Accessed 30 July 2015

TITLE Environmental laws in India and the role of Supreme Court as an Environmental
Activists
INTRODUCTION
Environmental awareness is one of the newest catch phrase which has pervaded the world
of culture, traditions and media like never before. Environment protection has become a
global affair concerning all countries heedless of their size or stage of development. Today,
the relation and interaction between the nature and society is so far-reaching and extensive
that it has raised numerous environmental questions affecting the human race to a large
extent. This interaction has also been discussed in the case of Sachidanand pandey v. state of
West Bengal1 where the court observed that uncontrolled growth and consequent
environmental deterioration are fast assuming menacing proportions and all Indian cities are
afflicted with this problem. This problem of environment degradation has attained
international attention and India is no exception to it. However the attempts made by the
legislative and executive in applying and exercising the principles of environment law have
been quite noteworthy. The protection of environment was not a significant matter in India
post- independence period due to political riots and the need for industrialisation and
development. However, this scenario changed after the Bhopal gas tragedy, which acted as a
realisation for the government and after which environment protection environment planning
took the centre stage. The Supreme Court since then has been actively involved in the
protection of environment by proposing new developments in the environmental
jurisprudence, establishing new principles, reinterpreting environment laws, setting up new
institutions to monitor the proper implementation of environment laws. Some Legal experts
have termed the Supreme Court as the Lords of the Green Bench and Garbage Supervisor.
It has also been named as a pioneer in laying down new regulations and principles of law and
in the application and operation of various advanced means for environmental justice delivery
system.2 The aim of this research is to examine the development of environmental laws in
India since independence, to give an insight into these laws and also to determine their
drawbacks and give necessary suggestion regarding the same.
1 Sachidanand pandey v State of West Bengal [1987] AIR1109 (SC).
2 Geetanjoy Sahu, 'Implications of Indian Supreme Court's innovations for environmental

jurisprudence ' [2008] 4(1)Law, Environment and Development Journal <http://www.cised.org/wpcontent/uploads/lead-paper.pdf> accessed 30 July 2015.
CHAPTER I
DEFINITION OF ENVIRONMENT
The word Environment is said to be derived from the French word Environner, which
means to encircle or to surround. It is a combination of both living and non-living and their
interaction with each other. It consists of physical environment which includes land, water
and air and also biological environment which includes plants and animals.
Defining
environment is a hard task as the study of environment is based on various disciplines of

sciences and living and cultural grounds of the humans. In the case of T.N. Godavarman
Thirumalpad v. Union of India the Supreme Court observed that Environment is a difficult
word to define. Its normal meaning relates to the surroundings, but obviously that is a
concept which is relatable to whatever object it is which is surrounded. Environment is a
polycentric and multifaceted problem affecting the human existence. According to
encyclopaedia Britannica the term environment means the entire range of external influence
acting on an organism, both the physical and biological and other organisms i.e. forces of
nature surrounding an individual. Section 2(a) of the Environment Protection Act, 1986
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,
microorganisms and property. This definition can be named as a comprehensive and
inclusive definition as it includes the interaction, dependence and stability within the physical
and biological elements of nature including all human beings and also their property. Apart
from the physical and biological aspects the term environment includes other vast
components such as economic, religious and various social aspects which determine the
environment. Thus it can also be said that Environment includes all the surrounding
conditions which influence life on Earth.
HISTORY OF ENVIRONMENT LAW IN INDIA
Looking back at these years where environment law has advanced at a surprising rate we may
wonder that how has environmental law managed to build such a large body of law in so less
time. This is because in India, attention was paid right from the ancient times in the field of
environment protection and development. The laws relating to the environment were easy,
straightforward and easy to exercise. To know the history of environment laws in Indian one
needs to go through the policies and laws exercised during the rule of various empires.
ENVIRONMENT LAWS IN ANCIENT INDIA
Most debates and arguments on environmentalism in India begin with the Stockholm
Conference of 1972. However in reality India has been environment friendly since the Vedic
age when people worshipped water, trees and animals. In ancient times moral injunctions
served as a guidance towards environment protection. Environment protection formed an
intrinsic party in the daily lives of the people which were reflected in their daily lives and
also enshrined in various religious scriptures and also folklores. The detailed regulations and
guidelines regarding preservation of environment were found in Kautilyas Arthashastra
under which various measures where suggested regarding forest administration and
punishments were prescribed for polluting the forests and killing animals. 3 It is mentioned in
the Upanishads that after creating the universe God entered into every object, and as such
we should treat every object with respect. Lord Krishna the supreme deity in the holy book
the Bhagavad-Gita said that:On me the Universe is strung
Like clustered pearls upon a thread
In water I am the flower
In sun and moon the light.4
The Yajnavalkya Smriti and Charak Samhita are also religious texts which give directions to
maintain the purity of water and state that any man who gives value and offers respect to the
environment will achieve the state of utmost peace and Gods grace.5
ENVIRONMENT LAWS IN MEDIEVAL INDIA

During the times of Mughal reign considerable contributions to the environment were only
made in the form of building royal gardens e.g. the garden surrounding the Taj Mahal, water
fountains, resorts and public places on river banks, fruit orchards. Akbar, the great Mughal
emperor due to his love for birds had made provisions to stop their unnecessary killing during
his reign. Similar policies were followed during the rule of Shah Jahan and Jahangir.
However, except these few Mughal rulers the rest did not pay much attention to environment
3 Krishan Keshav, Law and Environment (6th edn, Singhal Law Publications 2015 ) 16.
4 Asiantribune, ' Judge Weeramantry focuses on Hindu contribution to environment protection'
(Asiantribune.com) <http://www.asiantribune.com/index.php?q=node/6083> accessed 30th july 2015.
5 Ibid 3.
conservation and used forests to generate revenue and treated them as mere hunting grounds.
Thus, not much attention was paid to environment protection because of which the forests
shrank drastically during this period.6
ENVIRONMENT LAWS IN BRITISH INDIA
With the establishment of British rule in India came an era of plunder of natural resources.
However, at the same time there was a beginning of organised forest management. Laws were
made after the Industrial revolution which acted as seeds and made way for further
legislations in independent India. Some of these acts are:
Indian Police Act 1861 which was enacted to put a ledge on noise pollution
Forest Act 1865 under which customary rights over forests held by rural communities were
abolished and monopoly was given to the state government for the conservation, protection
and maintenance of the forest area.

The Merchant Shipping Act of 1860 was enacted to stop pollution of sea by oil.
Indian Penal Code 1860 which was the first act under which an attempt was made to control
water and air pollution over certain levels through criminal sanctions.
Indian Easement Act, 1897 which provided prescriptive rights which were not absolute to
pollute water.
Thus, even with the enactment of various laws and measures taken to protect the environment
there was not much contribution for the conservation of nature as all these measures had
narrow scope and limited territorial reach.7
ENVIRONMENTAL POLICY & LAWS IN INDEPENDENT INDIA

The sole purpose of an Independent India was to free the people from the British rule and let
it be governed by its own people with their own laws. The foreign rule had negatively
affected the people in many ways and also led to the degradation of the environment. After
Independence, the unfavourable laws and policies were altered or repealed with new
provision which were balanced and compatible with the constitution of India. Independent
India showed ardent interest in the protection of environment which was clearly visible from
all the policies and five year plans.
6 Ibid 3.
7 Bharat Budholai, Environment Protection Laws in the British Era'
(Http://wwwlegalserviceindia.com) <http://www.legalserviceindia.com/articles/brenv.htm>accessed
30th july 2015.
Right after the independence there was an immediate requirement of proper attention for the
protection of Indian forests. Therefore during the first five year plan (1951-55) the
government took up the incentive to spread awareness about the importance of forests
through the national festival of tree planting or the van mahotsava in 1950. The Indian
Government also amended the forest policy framed by the Britishers in 1894 and set up a new
National Forest Policy in 1952. A new act also came into existence in 1954 to provide rules
and guidelines regarding the disposal of wastes into rivers by factories known as the the
Orissa River Pollution Prevention Act, 1953. The main aim of this act was to maintain sustain
the cleanliness of the river waters in the state of Orissa.
During the second five year plan (1956-1960) many industries including heavy, medium and
small industries came into existence due to which the threat of pollution particularly water
pollution increased at a great rate as all these industries were to discharge their wastes in the
nearby water bodies. The Orissa Act enacted to control water pollution also proved to be
ineffective due to the indifference of the executive to appropriately implement the provisions
of the act.
In the third five year plan (1961-69) major interest was shown to meet the long term
requirements of the country and in meeting the wide gap between the demand and supply of
forest products and also ensure the efficient utilisation of forest produce. A new scheme
known as the Pre-investment Survey of Forest Resources was started in alliance with the
United Nations Special Fund and Food and Agriculture Organisation. This scheme was
made to examine the availability of raw materials in the industrial catchment areas and also to
ascertain their economic substantiality. Many Logging Training Centres were also set up
with the help of UNSF for training of forest officers during this plan.8
It was during the fourth five year plan (1970-74) that the matter regarding preserving and
maintaining the quality of life and environment was discussed as a long term perspective for
the first time. It was also amid this period that the first ever United Nations Conference on
Human Rights was held in Stockholm. This was the first ever global effort to conserve the
environment made on an international level. Smt. Indira Gandhi the then Prime Minister of
India represented not only India but also the third world countries in the Stockholm
Conference. This conference was held to provide guidelines and serve as a means of
encouragement to protect and improve the environment. The conference affirmed that every
man had the right to a decent living environment that would promote its development and
8 Ibid 3.
well-being. This conference also assigned the participating countries to enact fresh policies
and laws with a new enthusiasm and approach towards environment protection which became
a starting point of environmental management for many countries. The countries that already
had laws regarding environmental protection tuned their selves to meet the new demands
declared in the conference. A National Committee on Environment Planning and Coordination (NCEPC) was set up which acted as an advisory body in field of science and
technology and looked into the developmental projects regarding human settlement planning
and analysis of ecosystem. A new comprehensive legislation, the Wild Life (protection) Act,
1972 was enacted exclusively for the purpose of wildlife protection. Also, a new scheme
Project Tiger was launched in 1973 to ensure maintenance of a feasible population of tigers
in the country to preserve the national heritage and maintain ecological balance. Water
(prevention and control of pollution) Act, 1974 was enacted with the aim of preventing and
controlling water pollution. This Act established the Central Pollution Control Board and the
State Pollution control Board at the centre and state level respectively for the proper
administration and implementation of the Act. Violations under this act attracted serious penal
provisions because of which this act was considered as the statute par excellence.9
During the fifth five year plan (1975-79) several programmes were launched to build up and
enhance the quality of life and environment while keeping in mind the economic feasibility
required by it. Also during this period an important event took place which marked a new era
in Indias environmental concern. The Constitution of India which was adopted in 1950 did
not deal with the subject of environment or its protection until its amendment in 1976. Thus,
through the 42nd amendment of the constitution the word environment was inserted in the
constitution through Article 48A and Article 51A (g). Article 48A under the Directive
Principles of the State Policy makes it the duty of the state government to maintain the
forests, preserve the wildlife and protect the environment. Article 51A (g) under Fundamental
duties makes it the duty of every individual to protect, maintain and enhance the natural
environment. Thus, through this constitutional mandate it became the duty of the state and the
citizens to see that the environment is not impaired.10
A complete section on environment development was included in the sixth five year plan
(1980-84). The Government created the Blue Ribbon Tiwari committee in 1980 to look into
9 L. Pushpa kumar,'Environmental Law in India ' [2003] 9(2) Eco News.
10 Kamaluddin Khan, Constitutional provision and the environmental protection' (Twocirclesnet, )
<http://twocircles.net/legal_circle/constitutional_provision_and_environmental_protection_kamaluddi
n_khan.html#.VhLZV_mqqko> accessed 10 August 2015.
the administrative aspects of environment protection. This committee advised the creation of
a Department of Environment which would work under the direct supervision and control of
the Prime Minister. The functions of Department of Environment were:1. Nodal agency for environment protection and eco-development in country.
2. Carrying out of environmental appraisal of development projects through other
ministries/agencies as well as directly.
3. Administrative responsibility for
i.
Pollution monitoring and regulation.
ii.
Conservation of critical eco-systems designated as Biosphere Reserves.
iii.
Conservation of Marine Eco-systems.11
A National Committee of Environmental Planning (NCEP) was established in 1981 which
replaced the earlier National Committee on Environmental Planning and Co-ordination
(NCEPC). This plan also for the first time conceived the idea of setting up an Environmental
Information system (ENVIS) with the motive to increase environmental awareness within the
general population. Also, to make sure that all the plans made by the government for
development in all sectors are in agreement with the goals to maintain the environment and
environmental resources, a process of Environmental Impact Assessment (EIA) was set up to
be an important step in every development project. Under this process a study is done to
determine the impact on the environment from the implementation of any development
project. The process also involves the making of an Environmental statement and giving
necessary guidelines and consultation to reduce the negative effects on the environment made
by any development project.12
The principle aim of the seventh five year plan (1985-90) was to practice and ensure
sustainable development in agreement with the environment. Towards the end of this plan it
was made sure that all development programmes were to take environmental consideration
completely into account. Also this plan concentrated to large extent on water borne pollution
and its impact on the human settlements. The National water policy, 1987 was declared which
gave special importance to drinking water supply. The main aim of this plan was to supply
ample and clean drinking water services to the public and also provide proper sanitation
facilities to at least 80% of the urban population and 25% of the rural population. One of the
most inclusive acts of environment protection came into being during this period in the year
11 Planning Commission, '6th Five Year Plan' (Planningcommission.nic.in)
<http://planningcommission.nic.in/plans/planrel/fiveyr/6th/sixth.html> accessed 10 August 2015.
12 Ibid.
of 1986 known as the Environment (protection) Act. This was the one single legislation on
the subject of environment and known as the umbrella act as it tried to encompass the
previous legislations on environmental law. A New Forest Policy was announced in the year
1988 in place of the old one and also in the same year the Forest (Conservation) Act was
amended replacing the Act of 1980. The Air Act was amended in 1987 and the Water Act in
1988, both to give more power and control to the administration for proper implementation of
the legislations.13
During the Eighth five year plan (1992-97) and the Ninth five year plan (1998-2002) more
concern was laid over the threat to economic and social progress caused due to degrading
environment. The increasing conditions of population, underdevelopment and poverty forced
the people to unhealthy living and living in slums which further lead to environment
degradation. Thus, to curb these major issues posing a great threat to the environment
formulated some major tasks in the eighth five year plan which includes:
To protect the natural environment;

To regenerate and restore degraded ecosystems and increase their productivity and to
generate employment through these activities;

To decentralise control over nature and natural resources;
To develop and share an understanding of nature and natural processes;
To formulate a national policy for environment and an appropriate institutional and legal
framework in support of the policy;

To ensure co-ordinated and integrated Governmental action aimed at conserving nature and
sustainable use of natural resources;

To make individuals and institutions more accountable to the people for their actions imping
on environment and ecosystems; and

To monitor the state of environment.14
The above tasks proposed the plan were not new and some of them were already being
practised by the central and state governments respectively but there was a need for much
greater attempts to reverse the conditions of environment degradation and undo the harm
caused by the same. Major policies, Policy Statement for Abatement of Pollution and
13 Planning Commission, '7th Five Year Plan' (Planningcommission.nic.in)
<http://planningcommission.nic.in/plans/planrel/fiveyr/7th/vol2/7v2ch18.html> accessed 14 August 2015.
14 Planning Commission, 'Eight five year plan' (Planningcommission.nic.in)

<http://planningcommission.nic.in/plans/planrel/fiveyr/8th/vol2/8v2ch4.htm> accessed 14 August 2015.
National Conservation Strategy, Policy Statement on Environment and Development and

Policy statement on forestry were formulated during this time. All these policies aimed to
adopt sustainable development. The principles of Agenda 21 had already been integrated in
these policies. India also became a signatory to the Montreal Protocol for eliminating all
ozone depleting substances and also the convention on biological diversity and Basel
Convention for trans-boundary hazardous substances. Also, many poverty alleviation
programmes were launched during the ninth plan where family planning was a major focus.15
In the Tenth Five year plan, National forest policy stipulated that 1/3rd of the geographical
area of the country should be brought under forest/tree cover. However, this aim could not be
achieved fully and only 20% of the targeted area could be brought under forest cover. India
also envisaged on protecting forests by scrutinising forest based industries and inculcating
joint forest management practices.16
The Eleventh and the present Twelfth Five year plan added to increase green cover by 1
million hectare every year and also, to add 30,000 MW of renewable energy capacity and to
reduce emission intensity of GDP in line with the target of 20 percent to 25 per cent reduction
over 2005 level by 2020. But still the National forest policy has not been achieved (currently
22%).17
Chapter two will deal with the provisions in the constitution of India regarding environment
protection. It will mention the remedies available to the common man for exercising
environmental justice.
CHAPTER II
CONSTITUTIONAL FRAMEWORK AND ENVIRONMENT PROTECTION

15 Planning Commission, 'Ninth five year plan' (Planningcommission.nic.in)
<http://planningcommission.nic.in/plans/planrel/fiveyr/9th/vol2/v2c8.htm> accessed 14 August 2015.
16 Planning Commission, 'Tenth five year plan' (Planningcommission.nic.in)
<http://planningcommission.nic.in/plans/planrel/fiveyr/10th/10defaultchap.htm> accessed 14 August
2015.
17 Planning Commission, 'Twelfth five year plan' (Planningcommission.nic.in)
<http://12thplan.gov.in/forum_description.php?f=10> accessed 14 August 2015.
The Indian Constitution which came into force on 26 th January, 1950 is one of the few
constitutions in the world which obliges the citizens and the state to protect the environment.
At first the constitution did not deal with the protection of environment as a different
legislative subject though it dealt with various other legislative subjects related to the
environment like forest, wildlife, agriculture and public health. It was in 1976 that the
government realised the need to amend the constitution and expressly provide necessary
provisions for the protection of the environment. The constitution which is also the
fundamental law of the land has a mandatory force on its countrys citizens, non-citizens and
the state. The fundamental Rights and the Directive Principles of the State Policy highlight
our national responsibility to protect the environment. Environment law under the
constitution of India may be explained under following heads:1)
2)
3)
4)
5)
Distribution of legislative powers

The Forty Second Amendment
Fundamental Rights
Directive principles of State policy
Fundamental Duties
1. Distribution of legislative powers is a vital step relevant to environment law. These legislative
powers related to environment law are comprehensively defined in the constitution of India
into three lists, the Union List (List I), the State list (List II), the Concurrent List (List III).
Article 246 allots the legislative powers into these three lists between the centre and the state.
The Parliament alone has the capacity to legislate the 97 subjects contained in the union list
and only the state has the power to legislate the 66 subjects mentioned in the State List.
However, both the Parliament and the state have the power to legislate the 52 subjects stated
in the Concurrent List.18
2. The constitution (forty second amendment) Act was passed in
1976, under Prime Minister Smt. Indira Gandhi through which Article 48A was added to part
IV of the constitution and Article 51A (g) was added to part IVA of the constitution. These
provisions were the first provisions relating to the protection of environment incorporated in
the constitution. Article 48 A states that the State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country. 19 Article 51A(g) of
18 Kamaluddin Khan, ' Constitutional provision and the environmental protection' (Twocircles.net )
n_khan.html> accessed 14 August 2015.
19 The Constitution of India 1949, Article 48(a).
Fundamental Duties states that, 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 have
compassion for living creatures.20
Both these provisions not only display the national interest in environment protection but also
establish a two-fold responsibility on the government and its citizens to preserve the natural
environment. They also lay the foundation for a judicially administered jurisprudence of
environmental conservation in the country. In the case of Sachidanand Pandey v. State of
W.B,21 the Supreme Court was questioned on its role when confronted with fundamental
duties and policy matters relating to the environment. Justice Chinnappa stated that,
Whenever a problem of ecology is brought before the court, the court is bound to bear in
mind Article 48A and Article 51A (g) which proclaims it to be the fundamental duty of every
citizen of India to protect and improve natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures. When the court is called upon to
give effect to the Directive Principles and Fundamental Duties, the court is not to shrug its
shoulders and say that priorities are a matter of policy and so it is a matter of policy making
authority.22 In another case Kinkri Devi v. State of H.P23 the court pointed out that Article
48A and 51A(g) are both a pointer to the state as well as the citizens to remind them of their
duty to not only protect but improve and safeguard the natural environment including the
forests, rivers, lakes and animals. The court mentioned that any disregard to theses duties will
be treated as deception to the fundamental law which the state and every citizen are obligated
to uphold. The court would not remain a quiet observer and to safeguard the achievement of
the constitutional goal to protect and improve the environment it could intervene in any
activity by the state or any citizen posing a threat to the environment by issuing applicable
orders, writs and directions.24
21 Sachidanand Pandey & Anr. v. State of West Bengal & Ors. [1987] AIR 1109.
22 OChinnappa Reddy, ' Sachidanand Pandey v. State of W.B ' (Indiankanoon.org)
<http://indiankanoon.org/doc/497388/> accessed 14 August 2015.
23 Kinkri Devi v. State of H.P [1988] AIR 4(HP).
3. Part III of the constitution deals with Fundamental Rights. Though this part does not
explicitly provide Right to Environment but it can be said that it is implicitly present which
can be seen through a chain of judicial decisions by which the courts have upheld Principle 1
of the Stockholm Declaration which talks about man and his fundamental right to life and
environment. Article 15, Article 14, Article 19, Article 21, Article 24 and Article 25 provide
for environmental protection through direct and indirect measures.

Article 14 of the Indian constitution talks about equality before law and protects any person
against arbitrary and biased state action. However Article 14 has not often been used by the
courts in environment protection cases but has been implemented in cases involving mining
activities. One of such cases decided by the Supreme Court is the Rural Litigation and
Entitlement Kendra, Dehradun v. State of UP.25 In this case a large number of illegal lime
stone mining was involved which resulted in pollution of the Mussoorie-Dehradun region
including the Mussoorie hill range forming part of the Himalayas. Many committees were
appointed by the court to make inspections of the mining sites and a conclusion was drawn to
close all the mining sites except those causing minimum effects on the environment. In this
case the issue of development and environment protection both were brought to light and the
court laid emphasis to maintain harmony and bring together the two in larger interests of the
country.26 In another case General Public of Saproon Valley v. State of HP 27 the petitioners
by way of Public Interest Litigation stated that mining activities in the Saproon valley located
near the Solan town of Himachal Pradesh caused great harm to environment, damage to the
fields and resulted in pollution and soil erosion of the enclosing lands. The High Court
ordered the state to make harmony between the exploiting of natural resources for socioeconomic development and preservation of the natural environment and ecosystem through
long term perspective planning. The court also warned the state that the failure to comply
with its administrative duties in the national interest would result in the violation of Article 14
and 21 of the Constitution of India.28
24 P D C.J, Kinkri Devi And Anr. vs State Of Himachal Pradesh And Ors. (Indiankanoon.org)
<http://indiankanoon.org/doc/837514/> accessed 14 August 2015.
25 Rural Litigation and Entitlement Kendra, Dehra Dun v. State of UP and others [1985] AIR 652.
26 Neha Bahl, 'Limestone Quarries In Doon Valley' (Manupatrafast.com)
<http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=5254bc95-3dae-4f7f-a2e5c3b3c07d65c6&txtsearch=Subject:%20Environment> accessed 15 August 2015.
27 General Public of Saproon Valley v. State of HP [1993] AIR 52 (HP).
28 Sairam Bhat, Natural Resources Conservation Law (SAGE Publications India 2010) 322.
Article 15of the constitution talks about Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth. Article 15(2)(b) states that, No citizen shall, on ground
only of religion, race, caste, sex, place of birth or any of them be subjected to any disability,
liability, restriction or condition with regard to: the use of wells, bathing ghats, roads and
places of public resort, maintained wholly or partly out for state funds or dedicated to the use
of general public. This article forbids biasness or inequity among people based on caste, sex,
religion etc. in making use of public places which are a part of the human environment. Thus,
it helps to ensure a socialistic pattern and healthy environment among people and a pollution
free environment.29
In India most of the environmental jurisprudence has advanced through judicial activism.
Most of the cases come that come before the court are through Public interest Litigation (PIL)
in which people exercise their right of freedom of speech and expression by writing letters to
the courts and filing petitions before it. Article 19(1) (a) of the Constitution assures the
fundamental freedom of speech and expression to its citizens. It also includes freedom of
press which is the heart of social and political interaction. However, this freedom of speech
has sensible limits of civility, defamation, security of state, morality etc. In P.A. Jacob v.
Superintendent of Police, Kottayam,30 the High Court held that the freedom of speech
guaranteed under article 19(1)(a) does not embrace the freedom to use loud speakers or sound
amplifiers and thus noise pollution caused by any of these may be controlled under Article
19(1)(a) of the constitution. 31 In another case Moulana Mufti Md. Noorur rehman Barkati
v. state of west Bengal32 the Calcutta High Court noted that acute noise is a pollution in the
civilisation and that under Article 19(1)(a) together with Article 21 33 the people of the country
have a right to decent environment where they can live peacefully. 34
30 P.A. Jacob v. Superintendent of Police, Kottayam [1993] AIR 1(Ker).
31 Sairam Bhat, Natural Resources Conservation Law (SAGE Publications India 2010) 346.
32 [1999] AIR 15 (CAL).
33 Article 21 talks about Right to life and personal liberty.
34 Jona Razzaque, Public Interest Environmental Litigation in India, Pakistan, and Bangladesh (Kluwer Law
International 2004) 56.
Apart from Article 19(1) (a), Article 19(1) (g) gives the right to practice any
profession, or to carry on any occupation, trade or business. 35 However this right is also not
absolute and is subject to Article 19(6) under which reasoned restrictions can be imposed and
thus environmental interests from any hazards of occupation, trade or business can be
safeguarded. In the case of Abhilash Textile v. Rajkot Municipal Corporation36 the
petitioner was discharging all the polluted water from the factory on public roads and
drainage without purifying the same which was harmful to the health of the people living
nearby. The court held that running a business in a way which becomes a health hazard to the
society is violation of the fundamental right and no citizen has a right to carry on his business
without any consideration for his fundamental duty under Article 51A(g) which talks about
the duty of every citizen to protect the environment. Thus, in this case the court ordered the
petitioner to set up a purification plant to treat the dirty water before discharging it on public
places.37 In M.C. Mehta v. Union of India 38 tanneries were discharging drainage from their
factories directly into river Ganga without even setting up a water purification plant for the
same. This activity was polluting the river to a large extent as the effluents discharged
through these tanneries were more toxic than the domestic sewage which was discharged into
the river. The court ordered to for the establishment of primary treatment plants and closure
of those factories which were unsuccessful in setting up the same. The court even rejected the
application of financial inadequacy to set up treatment plants.39 A similar step was taken in
another case M.C. Mehta v. Union of India40 where the court ordered the closure of certain
industries that were unable to comply with courts orders regarding the installation of certain
air pollution control system. However, the court did not refer to Article 19(1)(g) in this case it
35 The Constitution of India 1949, Article 19(1)(g).

36 [1988] AIR 57(GUJ).
37 Dharmendra s senger, Environment Law (PHI Learning Pvt Ltd 2007).
38 [1988] AIR 1037 (SC).

39 E Venkataramiah,M.C.Mehta v. Union of India' <http://indiankanoon.org/doc/59060/> accessed
15 August 2015.
40 [1994] 3 SCC 717.
is implied while giving the order under Article 32 of the Constitution. 41 In the case of
S.Jagannath v. Union of India42 the Supreme Court held that sea coats are an offering from
nature and any action polluting the same should not be permitted. The shrimp farming culture
industries through their aggravated and modernised farming systems were causing
deterioration of the ecosystem through depletion of the plants and also pollution of ground
water. The Supreme Court banned these activities and stated them as violative of the
principles of the constitution. It added that feasible restrictions can be put to regulate the right
guaranteed under Article 19(1) (g) of the Constitution.43
Article 21 of the Constitution talks about protection of life and personal liberty where No
person shall be deprived of his life or personal liberty except according to procedure
established by law.44 The Supreme Court invigorated this Article in two ways:- Firstly the
court prescribed that any laws affecting personal liberty should pass the test of Article 14 and
1945 to assure that the procedure depriving a person of his or her personal liberty be
reasonable, fair and just and life does not mean mere existence but life with dignity. 46
Secondly, the court also recognised many silent and unpronounced liberties that were inferred
by Article 21 due to which the court interpreted right to life under Article 21 to include right
to environment. This right was for the first time recognised in the case of Rural Litigation
Entitlement Kendra v. State of U.P.47 which is also widely known as the Dehradun
Quarrying case. In this case the Litigation Kendra reported in a letter to the Supreme Court
about the illegal mining in Missouri which was negatively affecting the areas near by causing
environmental and ecological imbalance. The Supreme Court took this letter as a writ petition
under Article 32 of the Constitution and ordered for the closure of all the illegal mines under
the Environment Protection Act. The respondents in turn contended that the writ petition was
registered in 1993 and that the Environment Protection Act was passed in 1986 due to which
41 Krishan Keshav, Law and Environment (6th edn, Singhal Law Publications 2015) 135.
42 [1997] AIR 811(SC).
43 Ibid 24.
44 The Constitution of India 1949, Article 21.
45 Maneka Gandhi v. UOI [1978] AIR 597 (SC).
46 Francis Coralie Mullin v. The Administrator, Union Territory of Delhi [1981] AIR 746.
47 [1988] AIR 2187 (SC).
criminal action could not be proposed with retrospective effect. The court declined this
petition and ordered for the closure of the mines stating that procedural law shall apply to
ordinary criminal cases and not to the environmental cases. 48 In another case M.C Mehta v.
Union of India49 the Supreme Court included the right to live in a pollution free environment
as a part of the right to life under Article 21. Similar decision was also given in the case of T.
Damodar Rao v. S.O. Municipal Corporation, Hyderabad, 50 where the court interpreted
article 21 to include the right to live in a healthy and safe environment.51

Article 24 of the constitution talks about child labour and states that No child below the age
of 14 years shall be employed to work in any factory or mine or engaged in any other
hazardous employment.52 This article aims at ensuring public health and as such is definitely
a part of the environment. The Child Labour (prohibition and Regulation) Act, 1986 was also
enacted to prevent the employment of children in specific hazardous industries. In Peoples
Union for Democratic Rights v. Union of India 53 the Supreme Court states that action under
Article 24 can be imposed on any person or authority including the state.54

Article 25 of the Constitution talks about the right to religion which encompasses the right to
profess, practice and propagate religion.55 However the question is how to draw the line
between the right to propagate ones religion which includes the right to communicate or
display the teachings of its faith with the right of not to be enslaved listeners. In the case of
Om Birangana Religious Society v. State56 the court held that the right granted under article
49 [1987] AIR 1086 (SC).
50 [1987] AIR 171 (A.P).
53 [1982] AIR 1473 (SC).
54 Ibid 34.
56 [1996] 2 CALLT 474(HC).
25 is not an absolute right. The use of amplifiers and microphones at a louder voice takes
away the right of other citizens to read, sleep, rest etc. due to which the court held that this
sound should be controlled and regulated so that the noise does not travel beyond the
specified zone and does not make the general public its captive listeners. 57 In Church of God
(Full Gospel) in India v. KKR Majestic Colony welfare Association 58 loud noises were
generated from musical instrument being played inside the church as a part of their prayers
which was quite disturbing to the people living nearby. The High court convinced with the
contention ordered the government to control noise pollution in the city. The appellant
Church of God challenged this decision in the Supreme Court stating that the High Court had
ignored the right guaranteed under article 25 to profess and practice their religion which
cannot be removed by directing the state to control the religious activities of the church. The
big question which arose before the court was that can any community on grounds of right to
religion under Article 25 claim the right to exercise noise pollution on the ground of religion?
The Supreme Court answered this question by stating that every fundamental right should coexist in coordination and harmony with another fundamental right. It stated that,
Undisputedly no religion prescribes that prayers should be performed by disturbing the
peace of others nor does it preach that they should be through voice amplifiers or beating of
drums. In our view, in a civilized society, in the name of religion, activities which disturb the
old or infirm persons, students or children having their sleep in the early hours or during
daytime or other people carrying on other activities cannot be permitted. It should not be
forgotten that young babies in the neighbourhood and students preparing for their exams are
also entitled to their natural right of a peaceful atmosphere. There rights are also required to
be honoured.59
4. Part IV of the constitution talk about Directive Principles of State Policy (Articles 36 to 51)
which are drafted to give directions to the state and guide them to achieve socio economic
goals. Some of the principles which contribute towards environmental protection and
development are:Article 47 which talks about duty of the state to raise the level of nutrition and the standard
of living and to improve public health. This enhancement in public health also includes the
57 P Leelakrishnan, Environmental Law in India (3rd edn, LexisNexis Butterworths 2008) 241.
58 [2000] AIR 2771 (SC).
59 Usha Kapoor, 'The Law of Noise Pollutioin In India' (Usha Kapoor's Blog, 1 February 2014)
<http://wizardlegal1.in/2014/02/01/the-law-of-noise-pollutioin-in-india/> accessed 16 August 2015.
conservation and improvement of the environment without which public health cannot be
guaranteed.60
Article 48 mandates the state to take necessary steps to organise and improve agriculture and
animal husbandry by using scientific and modern techniques. It directs the state to conserve,
advance and improve plant and animal breeds. Article 48A directs the state for necessary
protection and improvement of environment and safeguarding of forests and wildlife. 61

Article 49 deals with conservation of monuments and places of national interest. It bestows
an obligation on the state to protect every monument or place or object of artistic or historic
interests, declared by or under law made by parliament to be of national importance, from
spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.62
5. Article 51 A was added to the Constitution through the Constitution 42 nd Amendment Act,
1976 under Fundamental Duties. Article 51 A (g) of these Fundamental Duties talks about the
fundamental duty of every citizen to protect the environment. According to this article 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 have compassion for living creatures.63
REMEDIES AVAILABLE UNDER ARTICLE 226 & 32
Article 226 and Article 32 of the Constitution collectively provide an assurance that every
person has a fundamental right to approach the courts. Article 32 gives power to move the
Supreme Court for the enforcement of rights presented by part III of the constitution. The
Supreme Court is thus, often called as the protector of the fundamental rights because any
person whose fundamental right has been infringed can directly move the Supreme Court
without having to go through the ordinary litigation process and filing the case from the
lower courts. In Daryao v. State of U.P64 the court held that there is no constraint with
respect to the kind of proceeding that can be initiated under this Article except that the
proceedings must be appropriate which can be determined by the purpose for which the
proceeding is to be taken namely, enforcement to a fundamental right. 65 In Bandhua Mukti
61 The Constitution of India 1949, Article 48, Article 48A.
63 The Constitution of India 1949, Article 51 A(g).
64 [1961] AIR 1457 (SC).
Morcha v. Union of India66 the Supreme Court stated that, the court has been extremely
liberal and favourable to the petitioner who approaches it. When it relates to the enforcement
of fundamental rights of the poor, disabled or ignorant even a letter addressed by him to the
court can legitimately be regarded as an appropriate proceeding. The letter need not be in any
particular form. It may not be addressed to the court or the Chief Justice. Post cards addressed
to any judge have been entertained as appropriate proceedings. 67 The Supreme Court is
obligated to issue appropriate directions, order or writ for implementing fundamental rights.
However, there is no compulsion on the court to provide any particular remedy to the
petitioner. What would be the suitable remedy to be provided to the petitioner is an argument
for the court to decide.68 Supreme Courts authority is not limited to the issuance of writs. It
extends to issuing guidelines, directives or orders that may be relevant for the enforcement of
fundamental rights. The writ procedure is more favoured than the conventional suits as it is
comparatively more speedy and offers explicit and straightforward contact with the highest
courts. However, there are some constraints on writ jurisdiction like:Locus Standi: Under Locus Standi only an aggrieved person could approach the court for a
writ petition. However, the Supreme Court has stated that in any case where a public wrong
has been done by the state any person acting in good faith on behalf of the public can
approach the court.69

Alternative remedy: In cases where no fundamental right has been violated, the courts may
decline their jurisdiction if an equivalent convincing remedy is available. However this
exhaustion of remedies may be waived by the courts in cases where there has been an
infringement of the principles of natural justice. However, this principle of alternate remedy
is unlikely to arise in environment cases as most of the environment laws do not offer an
alternative remedy or an equivalent forum for dispute resolution.70

Laches: Under this doctrine the court has the power to refuse a writ petition on the grounds of
excessive delay. This doctrine is frequently relaxed in environmental cases as the courts are
66 [1984] AIR 802 (SC).

67 BrijKishore Sharma, Introduction to the Constitution of India (7th edn, PHI Learning Pvt Ltd
2015) 131.
68 Kanu Sanyal v. District Magistrate, Darjeeling [1987] AIR 1086 (SC).
69 BrijKishore Sharma, Introduction to the Constitution of India (7th edn, PHI Learning Pvt Ltd 2015) 132.
aware of the monetary restraints and hurdles that the environmentalists have to face in
collecting credible and convincing information and documentation to present in the court.71
Article 226 of the Constitution has presented the High Court with most discretionary powers.
Under this article, the High Court can issue writs and directions in relation to fundamental
rights and also for other purposes. The main reason behind this discretionary power given to
the High Court is for doing justice and correcting injustice. However, this power of discretion
imposes vast responsibilities on the court due to which the High Courts exercise this function
according to their jurisdiction and in agreement with judicial considerations and wellestablished principles of law. 72
CHAPTER III
LAW OF TORTS, CIVIL AND CRIMINAL LAWS
A Common Law Tort Action is one of the major and oldest of the legal remedies available to
abate pollution. Thus most advanced nations still pursue remedies through torts regardless of
having developed comprehensive environment legislations. Most of the Environmental laws
inflict criminal liability on the polluter but still civil law remedies are considered more
appropriate to accommodate the current existing needs of the nation because in criminal law
establishing intent or intension of the wrong doer plays a key role which slumps the
criminal justice system. Also many accidents resulting in pollution fall under the legal
remedies available under tort law like trespass, nuisance, negligence and absolute liability.
NUISANCE
The law of public nuisance has a potent connection with environmental law. Nuisance can be
termed as any act which poses any threat or impediment to the enjoyment to the person.
Nuisance may be classified into two categories: - Private Nuisance and Public Nuisance.
Private nuisance is obstruction in the use or enjoyment of ones land while Public Nuisance is
71 Ibid.
72 Ibid.
the obstruction with the general rights of the people which affects the public at large.
However, the extent of harm caused by public nuisance may be sometimes difficult to
ascertain and it might also be hard for the courts to determine damages and compute the
same. In Perumal Naicker v. Rathina Naicker73 the court said that section 91 of the Code of
Civil Procedure, 1908 which deals with public nuisance is a mixture of both civil and
criminal remedies. In this case the defendant while constructing a building intruded the public
pathway. To stop this, High Court immediately issued an injunction and ordered for removal
of the barrier from the public pathway. The Bhopal Leak Disaster (processing of Claims) Act
1985 was passed by the parliament which gave rights to the Central Government to act for the
claims of the victimised people in parens patriae suits. The main objective of this Act was to
see that the petitions rising out of or related with the environmental disasters were dealt with
in the best way possible.74
Section 268 of The Indian Penal Code 1860 also provides for punishments for committing
public nuisance. It provides that a person is guilty of public nuisance who does any act or is
guilty of an illegal omission which causes any common injury, danger or annoyance to the
public or to the people in general who dwell or occupy property in the vicinity, or which must
necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion
to use any public right.75
Under the Code of Criminal Procedure 1973, section 133 a magistrate can eliminate public
nuisance with a conditional order which can be later turned into a permanent one. This
provision can be applied for environmental cases where there is a need to take instant
measures to avoid or stop any environmental hazard which may be dangerous to the public.
The Supreme Court for the first time in 1979 used the law of nuisance in Cr Pc as a cure for
environmental pollution in the case of Govind Singh v. Shanti Swaroop.76 This was a case
related to nuisance of smoke originating from a bakery. When complained to the Magistrate
he ordered the baker to shut down his business but the Supreme Court on appeal did not agree
with the magistrate and stated that instead of shutting down his bakery the baker should
remove or replace the oven or the chimney which was the reason behind the smoke. In the
73 [2004] AIR 492 (MAD).
75 The Indian Penal Code 1860, s 268.
76 [1979] AIR 143 (SC).
landmark case Municipal Council, Ratlam v. Vardhichand77 the inhabitants of the Ratlam
district were suffering from the smell originating from the open drains due to which they
were forced to take this issue to the magistrate. The magistrate then ordered the municipality
to remove the drains and a six month period programme had been adopted for building proper
drains and public toilets. The municipality challenged this order pleading monetary
constraints as a reason to not be able fund and start the proposed scheme. However, the court
rejected this plea and stated that where an order is given under section 133 of the Cr pc the
municipality cannot the plea of monetary constraints without realising its statutory obligation
under this section. The court said that human rights need to be respected by the state and that
the plea of monetary constraints cannot be entertained when the municipalities have an
obligatory duty to protect the public from environment pollution. This decision of the court
proved to be an important milestone in the path of environmental protection and its effect in
later judicial pronouncements is noteworthy. In Krishna Gopal v. State of Madhya
Pradesh78 the people of a residential locality complained against air and noise pollution
arising from a glucose saline manufacturing company. A lady complained to the magistrate
that her husband who was a heart patient was regularly troubled in his sleep because of the
noise arising out of the boiler inside the premises of the company. The magistrate ordered for
the closure of the entire company. The sessions court in appeal revised the order and instead
of the whole company it ordered for the removal of the boiler. The High Court again on
appeal preferred to uphold the decision of the magistrate and ordered for the closure of the
factory. The main question in this case was to determine if the alleged nuisance was a public
nuisance as the complaint had been made a single individual. The High court answering this
question observed that it is not the intent of the law that the community as a whole or large
number of complainants should come forward to lodge their complaint or protest against the
nuisance; that does not require any particular number of complaints. A mere reading of the s
133(1) would go to show that the jurisdiction of sub-divisional magistrate can be invoked on
receiving a report of a police officer or other information, and on taking such evidence if any,
as he thinks fit.79 There have been various contentions in cases regarding the discrepancies
between public and private nuisance in exercising section 133 of Crpc. It is argumentative
that the word nuisance under section 133 includes public nuisance as the chapter of the Act
77 [1958] AIR 350 (MP).
78 [1986] Cr LJ 396.
containing this section is titled as Public nuisance. In the case Jayakrishna Panigrahi v.
Hrisikesh Panda80, the Rajasthan High court set the confusion at rest by stating that despite
the heading public nuisance in the chapter, the literal and unambiguous meaning shall be
given to the expression nuisance and that the provision shall apply to a case where the interest
of a single individual or a few individuals are affected.81
ABSOLUTE LIABILITY
The principle of Absolute liability was for the first time evolved in the case of MC Mehta v.
Union of India82 which is also popularly known as the oleum gas leak case. Absolute liability
is the liability for the damage and loss caused by industries involved in hazardous and
dangerous activities. The oleum gas leak case was public interest litigation under Article 32
of the constitution where a complaint was made by a lawyer demanding the closure of a
factory involved in the manufacturing of hazardous products. While the case was pending in
the court the oleum gas which was leaking from the factory affected many people nearby, one
of whom died. After this incident an application was filed demanding compensation for those
affected. The court in this case formulated the principle of liability and stated in explicit
terms:-We have to evolve new principles and lay down new norms, which would adequately
deal with the new problems which arise in a highly industrialised economy. We cannot allow
our judicial thinking to be constricted by reference to the law as it prevails in England or for
the matter of that in any other foreign country. We no longer need the crutches of a foreign
legal order.83 The principle of strict liability which was evolved in England in the case of
Rylands v. Fletcher was weighed down to a large extent by adding various exceptions to the
principle like Act of God, statutory authorisation etc. Accepting that the exceptions to the
Rylands rule are not suited in India for determining the liability for hazardous industries and
that it was rule establishes in the 19th century which cannot be pursued in the present modern
industrialised society the court stated that, Where an enterprise is engaged in a hazardous
and inherently dangerous activity and harm results to one on account of an accident in the
operation of such hazardous and inherently dangerous activity, for example, in escape of
toxic gas, the enterprise is strictly and absolutely liable to compensate all those who are
80 [1992] Cr LJ 1054.
82 [1987] AIR 1086 (SC).
affected by the accident and such liability is not subject to any of the exceptions which
operates vis-a-vis the tortious principle of strict liability in Ryland v. Fletcher.84
FUNDAMENTAL PRINCIPLES OF ENVIRONMENT PROTECTION

Precautionary Principle is a basically a tool to prevent harm to the environment and the
general population by exercising caution. It refers to the protective action which can be
taken before there is any scientific clue of a risk. In cases where there is doubt regarding the
occurrence of any harm, precautionary principle aims to foresee, anticipate and avoid that
harm. It is based on the idea better safe than sorry. It is also concerned with burden of proof
in environmental cases wherein it shifts the burden of proof on the polluter to prove that his
actions are not causing an environmental hazard. Earlier this concept of environment
protection was based on the assimilative capacity rule mentioned in Principle 6 of the
Stockholm Declaration of the United Nations Conference on Human Environment, 1972.
According to this rule, nature has a certain capacity to absorb the outcome of pollution to a
certain extent. The rule presumed that science could provide with necessary information and
means needed to prevent encroaching upon this capacity and even if there is a presumption of
any harm to be caused there would be abundant time to avoid that harm. However, later this
approach shifted to a more precautionary approach in the United Nations general Assembly
Resolution on World Charter for Nature, 1982 where precautionary principle was identified.
It was again restated in in the Rio conference of 1992 which in its Principle 15 stated that, In
order to protect the environment, the precautionary approach shall be widely applied by the
states according to their capabilities. Where there is a threat of significant reduction or loss of
biological diversity, lack of full scientific certainty should not be used as a reason for
postponing measures to avoid or minimize such a threat. 85 Thus, precautionary principle
ensures any activity posing a threat to the environment should be stopped or regulated even
without any scientific proof to environmental damage. Vellore Citizens Welfare Forum v.
Union of India86 also known as the Tamil Nadu tanneries case is one of the leading cases in
84 SP Singh, Law of tort: Including Compensation under the Consumer Protection Act (5th edn,
Universal Law Publishing 2010) 282.
85 Manisha Sahu, 'Precautionary Principle of Environment Law ' (Blogspot.co.uk, 2nd May)
<http://newindialaw.blogspot.co.uk/2013/05/precautionary-principle-of.html>accessed 25 August 2015.
86 [1996] AIR 2715 (SC).
this regard. In this case a petition was filed by the Welfare forum against industries which
were causing pollution by discharging excessive amounts of untreated wastes on roadsides,
agriculture fields and water bodies. An autonomous survey was conducted by an NGO which
revealed that due to the untreated emissions by those industries many wells which were used
for drinking and irrigation purposes had been polluted because of which the local people had
to walk miles to get drinking water. The Supreme Court after going through all the allegations
and reports accepted the petition and conveyed its disappointment with the industries and the
government in exercising its statutory duties. The Supreme Court also denied the contention
of the industrial owners that the idea of development and environment protection are totally
contradictory to each other. The Supreme Court states that the concept of development and
environment protection was related to sustainable development which was adopted in the
Stockholm Declaration of 1972. It added that the precautionary principle is an essential
feature of sustainable development and thus has become a part of the Indian Municipal Laws
by virtue of their being parts of the Customary International Law. The court ordered the
industries to set up of common effluent treatment plants and also ordered for the closure of
those who refused to do so. 87
Polluters Pay Principle means that the cost of pollution should be borne by the polluter
himself rather than leaving it as a burden on the State, the taxpayer or the future generations
to come. Also, principle 16 of the Rio Declaration states that national authorities should
endeavour (1)to promote the internalization of environment costs and (2)the use of economic
instruments, taking into account the approach that the polluter should, in principle, bear the
cost of pollution with due regard to the public interest and without distorting international
trade and investment. Thus the polluters pay principle provides that the owner or producer of
goods or services should bear the financial cost of avoiding and amending any pollution
caused by his activities. This principle establishes a twofold liability by combining
environmental restoration costs as well as costs directed toward people or property.88 Article
102 Rule (2) of the European Community Treaty states that Environmental considerations
are to play a part in all the policies of the community, and that action is to be based on three
principles: (1) the need for preventive action (2) the need for environmental damage to be
88 Philippe Sands and Jacqueline Peel, Principles of International Environmental Law (3rd edn, Cambridge
University Press 2012) 228.
rectified at source and (3) that the polluter should pay.89 The Indian legislature also realising
the importance of this principle has incorporated it in statutes e.g. The water (prevention &
Control of Pollution) Act 1977 and The Public Liability Insurance Act. In Indian Council for
Enviro-Legal Action v. Union of India90 an environmental organisation filed a social
interest litigation on behalf of the people of Bichhri Village in Rajasthan who were affected
by pollution caused toxic effluents flowing out of industries. These effluents were allowed to
flow untreated into water bodies, agriculture lands and other public areas which caused
pollution in streams, wells and also soil. The Court justified the liability of the polluters under
the polluters pay principle and also held that this liability to pay was implied under section 3
and 4 of the Environment (Protection) Act, 1986. 91 In Span Motels case92 a private company
owned by the family members of Kamal Nath, minister for environment and forests had built
a motel on the banks of river Beas leased by the Indian Government. However, while
construction encroached upon the adjoining forest land and also diverted the course of river
Beas to beautify the motel for which they used bulldozers and earth movers. The Supreme
Court initiated a suo motu action based on a newspaper article because this case was a serious
act of environment degradation. The Court delivered a landmark judgement by applying the
polluters pay principle and not only imposed compensation for restoration of the environment
but also imposed exemplary damages on the Company.93
Public Trust Doctrine rests on the principle that natural resources like air, water and forests
have great importance to the people as a whole and therefore they should be subject to private
ownership and also should be held by the government in trusteeship for the free use of the
general public.94 It means that some resources should be freely made available to the general
public and also that the government should protect these resources for the enjoyment of the
general public. This Doctrine in present times is also applied as a legal tool to prevent over
90 [1996] AIR 1446 (SC).
91 Ibid.
92 M.C Mehta v. Union of India [2002] 2 SCALE 654.
93 MC Mehta, 'Landmark Cases' (Mc Mehta Environment Foundation)
<http://mcmef.org/landmark_cases_1.html> accessed 5 September 2015.
94 Ibid.
exploitation of the environment. It was first time invoked in the Span Motels Case and later
in Majra Singh v. Indian Oil Corporation95 the court held that Public trust Doctrine is an
integral part of the countrys legal thought process and also a part of article 21 of the
Constitution which guarantees a Right to life which includes the right to a free and healthy
environment.96
CHAPTER IV
- Chapter four will cover Indian Environment Legislations before and after the Bhopal Gas
Tragedy on various issues like accountability etc.
LEGISLATIONS
Central Government has been proactive and assiduous in enacting various legislations, plans,
policies, regulations and commitments for safeguarding environmental protection. The very
such legislations started with the increase in international and domestic pressure in 1970s.
Under Water (Prevention and Control of Pollution) Act 197497 - A Central pollution control
board and State pollution control board were set up to establish and enforce standards for
factories, testing of equipment, take samples. By the 1998 amendment to this act boards were
more strengthened as the boards may now close defaulting industry or withdraw supply of
water or power. Government even introduced Water (Prevention and Control of Pollution)
Cess Act1977- which requires local authorities and designated industries to pay cess for water
efficient discharge to implement water Act.
To implement UN conference on human Environment in 1972 Indian Parliament through
42nd Constitution amendment Act added 48A-Protection and improvement of environment
and 51A (g) to protect and improve the natural environment, to Indian Constitution as a
fundamental duty of Indian Citizen. Government also enacted Air (Prevention and Control of
95 AIR [1999] AIR 81 ( J&K).
96 BJayant Kumar, ' Notion of Doctrine of Public Trust In India ' (Legalservicesindia.com)
<http://www.legalservicesindia.com/article/article/notion-of-doctrine-of-public-trust-in-india-1429-1.html>
accessed 23 September 2015.
97 http://envfor.nic.in/division/water-pollution
pollution) Act, 1981 to improve quality of air and to prevent, control and abate air pollution.
Through 1987 amendment to this Act, the Act now applies to noise pollution as well.
In the wake of Bhopal Gas Tragedy and also UN conference on human Environment
1972.Government passed Environment (Protection) Act 1986, which is a stringent law. It
empowers Central Government to
Enter and inspect any place

To take appropriate steps to prevent and control pollution
To collect sample of air, water, soil or any other substance
Grants immunity to officers of government for any act done under the Act
It has relaxes the rule of locus standi
Penalty- 5 years or Rs. 1 lakh cash or both. Rs. 5000 per day if continued beyond 1 year.
If offence is committed by government department then the head of the department is held
liable.
Ozone Depleting Substances Rules 2000 - These rules are made under Environment
protection Act 1986
It prescribes phasing out various Ozone Depleting Substances from import, export production
It prohibits use of Chlorofluorocarbons, halons except for medicinal purposes as it is used in
inhalers.
Use of Methyl Bromide was allowed up till 1st Jan 2015.
Since Hydro fluorocarbons are used as substitute to Chlorofluorocarbons, it is also allowed
up till 1st January 2040.
The major and the most important institution has been through the enactment of National
Green Tribunal Act, 2010 which is an Act for the establishment of National Green Tribunal
for effective and expeditious disposal of cases that relate to environment protection and
conservation of forests and other natural resources.98 It aims at the enforcement of any legal
right relating to environment and granting relief and compensation for damages to persons or
property and other matters connected to the safety and preservation of the environment.99 The
tribunal repeals and replaces the earlier National Environment Tribunal Act, 1995 and
National Environment Appellate Authority 1997 and all cases pending before them stand
transferred to this tribunal.
98 http://www.indiaenvironmentportal.org.in/node/296384
99 Report: 203rd report on NGT bill, 2009 by parliamentary standing committee on S&T,
Environment & forests http://www.indiaenvironmentportal.org.in/node/300742
Jurisdiction and Power: The NGT shall hear the disputes arising from the enforcement of any
legal right relating to environment and shall also include violation of specific statutory
environment obligations by an individual firm, company, local authority etc. it has original
jurisdiction on matters of substantial questions relating to environment, where community at
large other than individuals or group of individuals are affected or gravity of damage to the
environment or property is substantial to damage to public health is broadly measurable.
The NGT will also function as appellate authority to persons aggrieved by any order or
a.
b.
c.
d.
e.
f.
decision made under the following Acts:

Water (prevention and Control of pollution) Act, 1974.
Water (prevention and Control of pollution) Cess Act, 1977.
Forest (Conservation) Act 1980.
Air (Prevention and Control of pollution) Act, 1981.
Environment (protection) Act, 1986 and
Biological Diversity Act, 2002.
The tribunal is not bound by the procedure laid under the Code of Civil Procedure, 1908, but
would be guided by the principles of Natural justice and Sustainable development. However,
the tribunal will have all the powers of a civil court under the civil procedure Code 1908.
Also it is noted that civil court shall not entertain cases where the tribunal is competent to
hear. The precautionary principle and the polluter pays principle is also to be applied while
passing a judgement in the NGT. Also the decision of NGT is binding on the parties.
Though there are certain drawback and impediments in the effective implementation of the
Act, these are as follows
a) The Act does not provide jurisdiction to tribunal over all laws related to environment such as
Wildlife protection Act 1972 , Indian Forest Act 1927, Schedule Tribes (Recognition of
forests rights Act) 2005 and various other state legislations.
b) The tribunal does not have suo moto power to initiate a proceeding against anyone even on
matters of national interest.
c) There is no protection for an individual persons right to environment
d) There is no objective method to determine community at large, substantial damage or
broadly measurable damage.
e) The institution structure is such that qualifications for a technical member are more
favourable to bureaucrats. Act consider higher degrees in Science, Technology and
Administrative experience but no ecologist, sociologist, environmentalist, civil society or
NGO.
LAW SUITS
Society for Protection of Silent Valley v Union of India unreported100

To prevent and hydroelectric project in Silent Valley Kerala, a writ petition was filed against
the government. Petitioner challenged stated the ill effects of the deforestation, but the Court
held that the consideration of the technical and ecological concerns was the job of the
government and that it was not for the courts to evaluate these considerations again as the
evaluation had already been done by the government.
Municipal Council Ratlam v Vardhichand and ors.101
The Supreme Court upheld the order of High Court and directed the Municipality to take
action within its statutory powers to provide sufficient number of public toilets, provide water
supply and scavenging services, to construct immediate drainage facilities, and to provide
basic amenities to the public. In this case it was established the court can compel a statutory
body to carry its duties to the community. The Court also accepted the use of Section 133 of
the CrpC for removal of public nuisance i.e. it is the utmost duty of a municipal corporation
to preserve public health and provide better facilities to the citizens.
Rampal v State of Rajasthan102

Lack of proper drainage, sewage facilities lead to the growth of contamination, insects, foul
smell, and deposition of waste/overflow of sewage lines. Mandamus Writ petition was filed
by the petitioner against the lack of district administration and removal of filth and dirty
water. The court allowed the writ petition by awarding suitable order and direction to
Municipal Board to clean the city and for maintenance of proper drainage system.
Rural Litigation and Entitlement Kendra v. State of UP103
Court held that not merely the forest be conserved according to the Forest Conservation Act,
but it should also be reforested. It even established a monitoring Committee to oversee
100 UP Nos 2949 and 3025 of 1979 of Kerala High Court

101 AIR 1980 SC 1622
102 AIR 1981 Raj 121
103 AIR 1987 SC 2187
reforestation. The Court even ordered 25 percent funding to the Committee from the gorss
profit of the remaining mines.104
LK Koolwal v State of Rajasthan and ors105

The Court expanded the ambit of Article 21 of the Indian Constitution to include maintenance
of health, preservation of sanitation and environment. Article 21 which state that, No person
shall be deprived of his life or personal liberty except according to procedure established by
law. Court imposed a statutory duty on Municipal corporation to remove dirt and filth within
a period of six months.
Tehri Bandh Virodhi Sangharsh Samiti and State of UP and ors.106

The Court held that though Court lacked expertise in the field of technical and scientific
details of an economic development project but it will take relevant considerations into
making government careful in clearing the projects.
Bhopal Case
Union Carbide Corporation v. Union of India, AIR 1990 SC 273
Charan Lal Sahu v. Union of India, AIR 1990 SC 1480
Goa Foundation v Konkan Railways Corporation 107

A writ petition was filed in the Bombay High Court by a Society asking the Court to compel
the Railway Corporation to procure environmental clearance from the Ministry of
Environment and Forest under the EPA, 1986 for the part of alignment passing through Goa.
The petitioner claimed that the proposed alignment is wholly destructive of the environment
104 http://www.advocatekhoj.com/library/judgments/index.php?go=1988/august/59.php
105 AIR 1988 Raj.2
106 1990 (2) SCALE 1003
107 AIR 1992 Bom. 471
and the ecosystem and violates Article 21 of the Constitution amongst other things. The
grievance of the petitioners was that the proposed alignment was planned and undertaken
without an adequate Environment Impact Assessment and Environment Management Plan.
The petitioner also claimed that the Corporation had violated the CRZ notification.
The Court after review the argument and the facts presented before it, refused to exercise its
writ jurisdiction over a matter of national importance and significance. The extent of damage
is negligible and public project of this kind will fulfill the long standing aspirations of the
people on the west coast. The project is an important development for the economic and
social structure of the western people.
M. C Mehta v State of Orissa108
Medical Discharge of waste and pollution by SCB Medical College Hospital Cuttack and
Municipal committee was causing nuisance. Taladanda Canal was made a discharge ground
of untreated waste water. Petition was filed regarding the same, but the State Government
contended that hospital had efficient sewerage system being installed and there is no such
discharge of untreated waste in the neighborhood. Even the health department within the
state didnt take the responsibility of carelessness and just passed the buck to the state. The
Court ordered the authorities to take an immediate action to curb the discharge as it was
pollution the environment. Court highlighted that a Municipal corporation is being
established to take care of public health and it just cannot shrug off its accountability by
pleading financial inability.
B. L Wadhera v Union of India109
The Court issued directions to the New Delhi Municipal Corporation and Delhi
administration to perform their duties. Court realized the authorities have not performed their
duties relating to the disposal of garbage and growing landfills in the area.
Bangalore Medical Trust v B. S Muddappa110
108 AIR 1992 Ori 225

109 AIR 1996 SC 2969
110 AIR 1991 SC 1902
The lease was challenged in which the state government gave the land which was designated
to be a public park to a nursing home. Government stated that it was in the publick interest as
the locality lacked a nursing home. The court observed that a park which was earlier
associated with beauty and pleasure, now has a great importance in environment maintenance
and pollution. In modern economic and development phase it is essential than a commercial
venture which is a profit oriented industry. Service may be its motto but earning is the
objective. Therefore its use and purpose cannot be substituted by a nursing home.
By Bangalore Development Authority Act of 1976 it was made mandatory to reserve not less
than 15 percent area for park development and playground development.
Indian Council for Enviro-Legal Action v Union of India111

Due to production of H acid in an Oleum production centre, Hindustan Zinc ltd severe
damage to Earth was posed as it is an acid that goes deep down the surface and could
contaminate water which was mainly used for drinking water in the village of Rajasthan. As a
result the residents/ villagers became uneasy and started protesting against the government,
which led to chaos and ultimately imposition of Section 144 Criminal Procedure Code by
District Magistrate.
It was aggrieved that even though the industries were shut down in 1989 there after effects
and prolonged impact on surroundings was still prevalent in water. The writ petition was
filed regarding the same. The Court held the company liable for mismanagement and misuse
and asked it to pay for the pollution and restore and improve the environment condition.
Narmada Bachao v. Union of India112

The issue was regarding construction of Sardar Sarovar Dam on the river Narmada. A PIL
was filed against the bad ecological and environmental effect of the project. The Court held
that this project would have a positive impact on irrigation, drought prone and arid areas.
Therefor Court observed that Poverty also pose threat to environment degradation and unless
people have basic facilities and irrigational amenities the environment will be exploited.
Therefore, the Court held that the project have more merits than demerits and allowed it.
111 AIR 1996 SC 1446

112 AIR 2000 SC 3751
Church of God [Full Gospel] in India v. KKR Majestic Colony Welfare Association113
The appellant, a minority institution was in the practice of using musical instruments such as
drum set, triple ganga, guitar etc. The respondent welfare Association filed a Criminal O.P
before the High Court of Madras for a direction to the authorities [Superintendent of Police]
to take action on the basis of the letter issued by the Joint Chief Environment Engineer of the
TMPCB. In High Court it was contended by the Church that the petition was filed with an
oblique motive in order to prevent a religious minority institution from pursuing its religious
activities and the Court cannot issue any directions to prevent the church from practicing its
religious beliefs. The High Court balanced the act by giving directions to the religious
minority institution to bring down the noise level by keeping the speakers at a lower level.
Aggrieved by the said order the respondents appealed to the Supreme Court.
The Supreme Court held that India is a country with many religious beliefs and faith,
numerous communities or sects of people reside in the same area and locality. Each reside in
a sense of harmony and peace. The Constitution has given religious institutions fundamental
right to practice, profess and propagate. But does right include the right to add noise pollution
on the ground of religion? Whether beating of drums or reciting of prayers by use of
microphones and loudspeakers so as to disturb the peace or tranquility of neighborhood
should be permitted?
The Court held that 'undisputedly no religion prescribed that prayers should be performed by
disturbing the peace of other nor does it preach that they should be through voice-amplifiers
or beating of drums. In our view, in a civilized society in the name of religion, activities
which disturb old, infirm persons, students or children having their sleep in the early hours or
during day time or other persons carrying on other activities cannot be permitted..'.
The Court while adjudicating the appeal observed that in the present case, the contention with
regard to the right under Art. 25 or Art. 26 of the Constitution which are subject to 'public
order, morality and health' are not required to be dealt with in detail mainly because.. no
religion prescribes or preaches that prayers are required to be performed through voice
amplifiers or by beating of drums. In any case, if there is such practice, it should not
adversely affect the rights of others including that of being not disturbed in their activities.
113 AIR 2000 SC 2773
T. N Godavarman Thirumulpad v Union of India AIR 2000 SC 1636

Beginning December, 1996 the Supreme Court went one step ahead of the Maneka judgment
[as to the Environment law], by issuing sweeping directions to oversee the enforcement of
forest laws across the nation. Assisted by amicus curiae the court froze all wood based
industrial activity, reinforced the scope of the embargo on forest exploitation, issued detailed
directions for the sustainable use of forests and created its own monitoring and
implementation machinery through regional and state level communities. The case has no
parallel, even by the expansive standards of India's pro-active judiciary. As the court assumes
the role of a super-administrator, regulating the felling, use and movement of timber across
the country in the hope of preserving the nation's forest. The analysis is specially important in
its impact in the North east region, where the wood based industries contribute substantially
to the region's economy.
The Court examined in detail all the aspect of the National Forest Policy, the Forest
Conservation Act, 1980, which was enacted with a view to check further deforestation. The
word 'forest' must be understood according to its dictionary meaning. This covers all
statutorily recognized forest, whether designated as reserved protected or otherwise for the
purpose of sec. 2(i) of the Forest Conservation Act. The term 'forest land' occurring in sec. 2,
will not only include 'forest' as understood in the dictionary sense, but also any area recorded
as forest in the Government record irrespective of the ownership. Directions were issued,
among them the following are the some of the important ones.
1. All forest activities throughout the country, without the specific approval of the Central
Government must cease forthwith. Therefore running of saw mills, plywood mills and mining
are all non forest purposes and they cannot carry on with the Central approval.
2. The felling of all trees in all forest is to remain suspended except in accordance with the
working plan approved by the Central Government.
3. Complete ban on the movement of cut trees and timber from any seven north eastern states
of the country either by rail, road or water ways. The Indian railways and state governments
were directed to take all measures necessary to ensure strict compliance of this directions.
Railways were asked to shift immediate to concert tracks than to using wooden sleepers.
Defense establishments were also asked to find alternatives to consumption of wood based
products.
4. A High power Committee was to be constituted to oversee the implementation of the
judgment and to guide the Court in making further orders, especially in the North East. The
Committee was directed to prepare an inventory of timber and timber products lying in the
forest, transport depots and mills in the region. The HPC was empowered to permit the use or
sale of timber products if it considered appropriate through the State Forest Corporation.
5. Licenses given to all wood based industries shall stand suspended.
6. An action plan shall be prepared by the Principal Chief Conservator of Forest for intensive
patrolling and other necessary protective measures to be undertaken in identified vulnerable
areas an d quarterly report shall be submitted to the Central Government for approval.
M. C Mehta v Union Of India AIR 1997 SC 734
M. C Mehta v Union Of India AIR 1997 SC 734

On the eve of his retirement, J. Kuldip Singh delivered the judgment in the Taj Trapesium
case, culminating a long and arduous battle fought by M. C Mehta for over a decade. The
case was first placed in 1984, wherein the petitioner warned of damage to the Taj Mahal from
air pollutants from the Mathura refinery.
It was alleged by the petitioner that the suplphur dioxide emitted by the Mathura refinery and
the industries when combined with Oxygen-with the aid of moisture-in the atmosphere forms
suplphuric acid which has a corroding effect on the gleaming white marble of the Taj.
Industrial/Refinery emissions, brick-kilns, vehicular traffic and generator sets are primarily
responsible for polluting the ambient air around Taj Trapezium. The petition states that the
white marble has yellowed and blackened in places. It is inside the Taj that the decay is more
apparent. Yellow pallor pervades the entire monument. In places the yellow hue is magnified
by ugly brown and black spots. Fungal deterioration is worst n the inner chamber where the
original graves of Shah-Jahan and Mumtaz mahal lie.
The Court observed that the Taj, apart from being cultural heritage, is an industry by itself,
More than two million tourists visit the Taj every year. It is a source of revenue for the
country.
Various orders were passed by the Court. The Court created a Taj Trapezium which consisted
of 10, 400 sq. Kms in the shape of a trapezium to regulates activities in relation to air
pollution.
Industries were asked to shift to eco friendly fuel and use lessen the use of diesels generators,
and asked the State to improve power supply the city. Tanneries operating from Agra were
asked to shift from the Trapezium. The Pollution Control Boards [State and Central] were
asked to monitor any further deterioration in the quality of air and report the same to the
Court. Further the Court asked he government to take steps to undo the wrong on the
environment and the white marbles at Taj and to take clean up operations.
S. Jagannath v Union of India [1997] 2 SCC 87
This case brought into force for the first time the non-implementation of the CRZ
notification. Though the notification was enacted, it was never brought into force and the
petitioner filed this writ for stoppage of intensive and semi-intensive type of prawn farming
in the ecologically fragile coastal areas and for prohibiting use of wastelands and wetlands for
prawn farming. The petitioner also sought for the constitution of a National Coastal Zone
Management Authority to safeguard the marine and coastal areas. The allegation of the
petitioner was that the coastal states were allowing big business houses to develop prawn
farms on a large scale in the coastal States in violation of the EPA, 1986 and various other
provisions of law.
The Court ordered NEERI to visit the coastal states of Andhra and Tamil Nadu and give its
report on the status of farms set up in the said areas. The report submitted indicated that due
to the impact of aquaculture, the environment was adversely degraded. The impact was on
surface water, contamination of soil and ground water and destruction of mangrove
vegetation.
The Court order the following:
1. no part of the agricultural land and salt farms could be converted into aqua culture farms
2. an authority shall be constituted by the Central Government under sec. 8 (3) of the EPA,
1986.
3. the authority so constituted shall implement the precautionary principle and polluter pays
principle;
4. no shrimp culture ponds should be constructed within the CRZ;
5. all the infrastructure set up within the CRZ such as shrimp culture farms should be
demolished and removed;
6. aquaculture industry functioning at present within one km of the Chilika and Pulicat lakes
must compensate the affected persons;
7. all employees/workmen engaged in the shrimp culture industry for less than one year
should be retrenched and those employed for more than one year paid compensation.
8. aquaculture industry functioning outside the CRZ should obtain clearance from the
authority within a specified period failing which they must stop their operations.
Subhash Kumar v State of Bihar114
The petitioner filed a petition under the constitutional remedy of Article 32 of the Indian
Constitution regarding pollution of Bokaro River by the chemical discharge by Tata iron and
Steel Company ltd. (TISCO). In response the respondents argued that they have taken due
care and caution in their performance and have complied fully to the statutory requirements.
Court established that Article 21(Right to life) includes the right to enjoyment of pollution
free water and air to the full enjoyment of life. But such a remedy cannot be sought under
Article 32 (writ petition power of Supreme Court), if it is motivated by self-interest. And in
the present case As the Public interest litigation was to fulfil personal goals it was
subsequently dismissed by the Court.
Taj Mahal Case

M.C. Mehta v. Union of India & Others, Writ petition (civil) no. 13381 of 1984 Supreme
Court decided on December 30,1996 (Kuldip Singh, J. and Faizaluddin, J)
M.C. Mehta Vs Kamal Nath115

The Court held that Public trust doctrine is the part of the law of the land. Public Trust
Doctrine which implies that the authorities hold trust of the public.
Vellore Citizens Welfare Forum Vs. Union of India116

Court considered various constitutional provisions including Articles 47, 48-A, 51-A(g) and
came to the conclusion that it is the duty of the State to protect and preserve the ecology, as
114 AIR 1991 SC 420
115 (1997) 1 SCC 388
116 (1996) 5 SCC 647
Article 21 of the Constitution guarantees protection of life and personal liberty and every
person has a right to pollution free atmosphere. Therefore, the "precautionary principle" and
the "polluter-pays" principle have been accepted as a part of the law of the land being the part
of environmental law of the country.
OTHER INITIATIVES BY GOVERNMENT AND STAKEHOLDERS IN INDIA

National Water Policy 2012 which was first adopted in 1987 has been updated and reviewed
in 2002 and now there is National Water Policy 2012.

It treats water as economic good
It curtail subsidy to agricultural electricity users
It aims for setting up of water regulatory authority
Comprehensive Environmental Pollution Index (CEPI)

It acts as an early warning tool
Central pollution control board and State Pollution Control board applied it with IIT Delhi for
environment assessment of 88 Industrial clusters. >70 is critically polluted, 60-70 severely
polluted and <60 Normal.
Lighting a billion bulb (LABL) A campaign by TERI (Tata Energy Resource institute)
Promotes use of solar lanterns

LABL has successfully engaged private sector and leveraged Corporate Social Responsibility.
It has demonstrated how public private people can support rural development schemes
Urban Service Environmental Rating System (USERS) It is a UNDP funded project which
is implemented by ministry of Environment and forestry. It is a performance measurement
tool with respect to delivery of basic services in local bodies of Delhi and Kanpur (pilot
cities).
CHAPTER V
chapter will consists of the conclusion with necessary suggestions and recommendations to
improve the condition of the environment in India.
Judicial activism and encroachment upon executive and legislative through measures like
Social action litigation, Public interest litigation, issuing writs under Article 32 and 226 of
Indian Constitution and Special Leave petition under Article 136 has maintained efficacious
checks and balances. It has ushered transparency in government actions, rulemaking and
policy design. Maintaining accountability has been the core basis for Courts intervention.
What is happening in Paris this December?
The governments of more than 190 nations will gather in Paris to discuss a possible
new global agreement on climate change, aimed at reducing global greenhouse gas emissions
and thus avoiding the threat of dangerous climate change.
Why now?
Current commitments on greenhouse gas emissions run out in 2020, so at Paris

governments are expected to produce an agreement on what happens for the decade after that
at least, and potentially beyond.
Why is this important?
Scientists have warned that if greenhouse gas emissions continue to rise, we will pass
the threshold beyond which global warming becomes catastrophic and irreversible. That
threshold is estimated as a temperature rise of 2C above pre-industrial levels, and on current
emissions trajectories we are heading for a rise of about 5C.
What progress have we seen on a global agreement?
In 1992, governments met in Rio de Janeiro and forged the United Nations
Framework Convention on Climate Change. That agreement, still in force, bound
governments to take action to avoid dangerous climate change, but did not specify what
actions. Over the following five years, governments wrangled over what each should do, and
what should be the role of developed countries versus poorer nations.
Those years of argument produced, in 1997, the Kyoto protocol. That pact required
worldwide cuts in emissions of about 5%, compared with 1990 levels, by 2012, and each
developed country was allotted a target on emissions reductions. But developing countries,
including China, South Korea, Mexico and other rapidly emerging economies, were given no
targets and allowed to increase their emissions at will.
Legally, the protocol could not come into force until countries representing 55% of
global emissions had ratified it. With the US then the worlds biggest emitter on the
outside, that was not going to happen.
So for most of the following decade, the Kyoto protocol remained in abeyance and
global climate change negotiations ground to a near-halt. But in late 2004, Russia decided to
pass the treaty and the protocol finally came into force.
So we had a global agreement?
Not quite. The US remained firmly outside Kyoto, so although the UN negotiations
carried on year after year, the US negotiators were often in different rooms from the rest of
the world.
What happened next?
The Copenhagen conference of 2009.

What happened at Copenhagen?
All of the worlds developed countries and the biggest developing countries agreed for
the first time to limits on their greenhouse gas emissions. This was a landmark, as it meant
the worlds biggest emitters were united towards a single goal.
The emissions reductions agreed on were still not enough to meet scientific advice
What didnt happen was a fully articulated and legally binding treaty.
What is likely to be agreed in Paris?
Already few countries declared their emission cuts. (India did not)
The EU will cut its emissions by 40%, compared with 1990 levels, by 2030.
The US will cut its emissions by 26% to 28%, compared with 2005 levels, by 2025
China will agree that its emissions will peak by 2030.
But some countries, most notably India, have not yet done so.
Declaration of the INDCs on Mahatma Gandhis birthday, as the man signifies Indian values
of frugality and sustainable development.
The action plan is built around three elements:
Reduction in emissions intensity, or emissions per unit of GDP,
An increase in forest cover, and
A greater role for renewable energy in power generation.

What are Indias Intended Nationally Determined Contributions (INDCs) on climate
change going to look like?
Indias INDCs will contain an emissions reduction target, as well as a target for
reducing energy intensity.
INDCs announced by India are comprehensive, progressive and ambitious
India has to put economic growth before committing itself to cut down emissions
Cutting down emission will slow down the economy, therefore needs is a
comprehensive strategy
There is a possibility of India emulating the Western model of development at home, which
encourages a market-driven consumer culture.
Indias cumulative emission is only 3 per cent,
As vehicular pollution is an important source of greenhouse gases.
The Ministries of Transport and Petroleum are ready to support the switch to Euro
6 emission standards for vehicles, but industry is not ready for it yet.
It is necessary to introduce this much-needed upgrade to emission standards

The SDGs emphasize the importance of responsible consumption and production
About SDG:
The Sustainable Development Goals, SDGs, also called Global Goals, and Agenda 2030.
An inter-governmentally agreed set of targets relating tointernational development
They will follow on from theMillennium Development Goals once those expire at the
end of 2015
17 SDG Goals:
1.
End poverty in all its forms everywhere
2.
End
hunger,
achieve food
security and
improved
nutrition and promote
sustainable agriculture
3.
Ensure healthy lives and promote well-being for all at all ages
4.
Ensure
inclusive
and
equitable
quality
education and promote
lifelong
learningopportunities for all

5.
Achieve gender equality and empower all women and girls
6.
Ensure availability and sustainable management of water and sanitation for all
7.
Ensure access to affordable, reliable, sustainable and modern energy for all
8.
Promote sustained, inclusive and sustainable economic growth, full and

productive employment and decent work for all
9.
Build resilient
infrastructure, promote
inclusive
and
sustainable
industrialization and foster innovation

10.
Reduce inequality within and among countries
11.
Make cities and human settlements inclusive, safe, resilient and sustainable
12.
Ensure sustainable consumption and production patterns
13.
Take urgent action to combat climate change and its impacts
14.
Conserve and sustainably use the oceans, seas and marine resources for
sustainable development
15.
Protect,
restore
and promote
sustainable
use
of
terrestrial
ecosystems,
sustainablymanage forests,combat desertification, and halt and reverse land degradation

and halt biodiversity loss
16.
Promote peaceful and inclusive societies for sustainable development, provide

access to justice for all and build effective, accountable and inclusive institutions at all levels
17.
Strengthen the means of implementation and revitalize the global partnership

for sustainable development
Connecting the dots:
What are the main elements around which Indias Intended Nationally Determined
Contributions (INDCs) on climate change revolves?
How effectively Intended Nationally Determined Contributions (INDC) will address

newly framed SDG?
Indias ongoing efforts to achieve its climate objectives:
India had set for itself in the run-up to the 2009 climate conference in Copenhagen,
the previous time the world had attempted to finalise a climate agreement, but had failed. At
that time, India had said it would cut its emission intensity by 20 to 25% by the year 2020
compared to 2005.
In its INDC, India says its emission intensity in 2010 had already been cut by 12% as
compared to 2005.
India has already planned to install 175 GW of power generation capacity through
renewable energy sources by the year 2022.
It has also planned to increase the coal cess and increase taxes on petrol and diesel.
India has already cut its petroleum subsidy by 26% over the last one year.
Several of governments flagship programmes like the Smart Cities Mission, Atal
Mission for Rejuvenation and Urban Transformation (AMRUT), Swachh Bharat Mission,
National Heritage City Development and Augmentation Yojana (HRIDAY), National Mission
for Clean Ganga, Make in India policy, Soil Health Card scheme, Pradhan Mantri Krishi
Sinchayee Yojana and many others aim to achieve the climate objectives.
India is the fourth biggest emitter of greenhouse gases after China, the United States, and
European Union as a whole.

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TITLE Environmental laws in India and the role of Supreme Court as an Environmental

2 Geetanjoy Sahu, 'Implications of Indian Supreme Court's innovations for environmental

environment is a hard task as the study of environment is based on various disciplines of

ENVIRONMENT LAWS IN MEDIEVAL INDIA

and maintenance of the forest area.

ENVIRONMENTAL POLICY & LAWS IN INDEPENDENT INDIA

To protect the natural environment;

generate employment through these activities;

framework in support of the policy;

sustainable use of natural resources;

on environment and ecosystems; and

14 Planning Commission, 'Eight five year plan' (Planningcommission.nic.in)

National Conservation Strategy, Policy Statement on Environment and Development and

CONSTITUTIONAL FRAMEWORK AND ENVIRONMENT PROTECTION

Distribution of legislative powers

23 Kinkri Devi v. State of H.P [1988] AIR 4(HP).

for environmental protection through direct and indirect measures.

35 The Constitution of India 1949, Article 19(1)(g).

38 [1988] AIR 1037 (SC).

article 21 to include the right to live in a healthy and safe environment.51

Article 24 can be imposed on any person or authority including the state.54

protection and improvement of environment and safeguarding of forests and wildlife. 61

approach the court.69

alternative remedy or an equivalent forum for dispute resolution.70

66 [1984] AIR 802 (SC).

FUNDAMENTAL PRINCIPLES OF ENVIRONMENT PROTECTION

86 [1996] AIR 2715 (SC).

Enter and inspect any place

decision made under the following Acts:

Society for Protection of Silent Valley v Union of India unreported100

Rampal v State of Rajasthan102

100 UP Nos 2949 and 3025 of 1979 of Kerala High Court

LK Koolwal v State of Rajasthan and ors105

Tehri Bandh Virodhi Sangharsh Samiti and State of UP and ors.106

Goa Foundation v Konkan Railways Corporation 107

108 AIR 1992 Ori 225

Indian Council for Enviro-Legal Action v Union of India111

Narmada Bachao v. Union of India112

111 AIR 1996 SC 1446

T. N Godavarman Thirumulpad v Union of India AIR 2000 SC 1636

M. C Mehta v Union Of India AIR 1997 SC 734

M. C Mehta v Union Of India AIR 1997 SC 734

Subhash Kumar v State of Bihar114

Taj Mahal Case

M.C. Mehta Vs Kamal Nath115

Vellore Citizens Welfare Forum Vs. Union of India116

OTHER INITIATIVES BY GOVERNMENT AND STAKEHOLDERS IN INDIA

in 2002 and now there is National Water Policy 2012.

Comprehensive Environmental Pollution Index (CEPI)

Promotes use of solar lanterns

What is happening in Paris this December?

Current commitments on greenhouse gas emissions run out in 2020, so at Paris

The Copenhagen conference of 2009.

China will agree that its emissions will peak by 2030.

Reduction in emissions intensity, or emissions per unit of GDP,

An increase in forest cover, and

A greater role for renewable energy in power generation.

INDCs announced by India are comprehensive, progressive and ambitious

As vehicular pollution is an important source of greenhouse gases.

It is necessary to introduce this much-needed upgrade to emission standards

An inter-governmentally agreed set of targets relating tointernational development

End poverty in all its forms everywhere