SUBJECT: Law & Justice in Globalizing World

TOPIC: Environmental issues, diseases, legislations (NATIONAL &

INTERNATIONAL)

UNDER THE GUIDANCE OF- (PROF).DR. PRDIP KUMAR SARKAR

SUBMITTED BY-AKASH BAG

ROLL NO-1785001

BATCH OF LLM (2017-18)

KIIT SCHOOL OF LAW

SYNOPSIS

1. INTRODUCTION
2. ENVIRONMENT RELATED INSTITUTIONS AND ORGANISATIONS
3. NATIONAL ENVIRONMENTAL AGENCIES
4. INTERNATIONAL ENVIRONMENTAL AGENCIES
5. DISEASES AFFECTING HUMAN HEALTH FOR ENVIRONMENTAL HEALTH HAZARDS
6. TYPES OF POLLUTION
7. DISEASES AFFECTING HUMAN HEALTH FOR ENVIRONMENTAL HEALTH HAZARDS
8. ENVIRONMENTAL LEGISLATIONS
9. ROLE OF JUDICIARY
10. LEGAL REGULATION OF GLOBAL WARMING IN INDIA
11. INSTITUTIONAL FRAMEWORK TO DEAL GLOBAL WARMING
12. TAJ TRAPEZIUM CASE M.C.Mehta Vs UOI & Ors. W.P.(C) No.13381/1984
13. PARIS AGREEMENT
14. FLAWS IN IMPLEMENTATION OF ENVIRONMENTAL LAW & SUGGESTIONS
15. THE SUPREME COURT OF INDIA RELYING UPON A REPORT OF INTERNATIONAL LAW
COMISSION HAS OBSERVED THAT
16. CONCLUSION
LIST OF CASES

1. Minerva Mills V. Union of India(AIR 1978 SC 597)

2. Virender Gaur v. State of Haryana(1995) 2 SCC 577.
3. Ratlam Municipality V. Vardhichand(AIR 1980 S1622)
4. M C Mehta v. Union of India (Taj Trapezium case) W.P.(C) No.13381/1984
5. SutMill Mazdoor Union (AIR 1955 SC 170)
6. Bangalore Medical Trust v. B S. Muddappa AIR 1991 SC 420
7. M I Builders v. Radhey Shyam Sahu AIR 1999 S.C 2468.
8. Park ‘Sorent’ Co-op. Hsg. Soc. Ltd. V. Municipal Corporation W.P No. 1138 of 1996
9. Murali D. Deora v. Union of India(2001) 8 SCC 765.
10. P.C Cherian v. State of Kerala1981 K.L.T.113
11. Essar Oil Ltd. v. Halar Utkarsh Samiti and Ors AIR 2004 SC 1834
12. Karnataka, Industrial Areas Development Board v Sri. C Kenchappa &Ors AIR 2006 S.C 2038
13. Narendra Kumar Vs. Union of India (AIR1960 SC 430).
14. Entitlement Kendra v. State of Uttar A.I.R 1985 S.C 652. See also Subash Kumar v. Bihar A.I.R1991
S.C.420
INTRODUCTION

Nature was created by one single creator .In this universe every single organism had its own identity, none other
organism was in the situation to take place of another organism. Man has been interested in nature since time
immemorial, but today he thinks himself to be the master of nature. On the other hand, nature tries to comprise with
man and absorbs human onslaught in the form of waste material discharge, deforestation, intensive agriculture,
desertification, urbanization etc. In the name of progress, forests are demanded, lakes poisoned with pesticide and air
fouled with noxious gases.

Our earliest ancestors lived in a rich and competitive world closely tied to environment. They knew the sources of water
and use of plants and animals for food and indicial purposes. But the hunters and gatherers exploited the environment to
fulfill their requirements, by cutting down trees resulting into great changes in grass and shrubs with the use of fire.
However, they could not cause excessive damage to environment due to their low population, nomadic way of life and
primitive technology. The domestication of plants and animals gave impetus to agricultural technology. Human
population started increasing beyond the limits previously fixed by natural food supply.

The development in machinery, fertilizers, pesticides and high yielding varieties caused unprecedented increase in
agricultural productivity. Overgrazing, widespread destruction of forests and intensive agricultural practices demanded
the land and converted productive regions to barren areas. It is thus, quite amazing to recall the change from hunter
gathered economy to that of agriculture and industry that marked by the changed natural habitat. The shifting role of
man in the environment placed heavy demand on air, water and natural resources.

As man was trying to gain control over environment, the link between him and nature got weakened. It therefore
became necessary to regulate human behavior and social transactions with new laws, designed to suit the changing
conditions and values. In order to manage and face the myriad challenges of ever changing environment, the
environmental laws emerged. But these laws are of no if not implemented or accepted by the society properly. Though
government of India introduced plethora of legislations in the field of environmental law which directly or indirectly
deals in environmental issues. Though there is bulk of legislations but this didn’t had any impact on the condition of
environment rather it deteriorated day by day. Therefore one would always think though there is plethora of legislations
but why there is improvement in the condition of environment? As these laws had some inherent defects in it and lacked
proper implementation
ENVIRONMENT RELATED INSTITUTIONS AND ORGANISATIONS

The role of national government is critical for control of environmental pollution control, conservation and
improvement of environment for promoting sustainable development. To address the diverse environmental issues a
number of environment related institutions and organization have been setup at international, national level by United
Nations, national governments and civil society. An environmental organization is an organization seeks to protect,
analyze or monitor the environment against misuse or degradation or lobby for these goals. Environmental organization
may be a government organization, a nongovernment organization, a charity or trust. Environmental organizations can
be global, national, or local. This lesson provides information on leading environmental organizations, both within and
outside the government, working for the conservation and improvement of environment at global and national level.

NATIONAL ENVIRONMENTAL AGENCIES

The Ministry of Environment and Forest, Central Pollution Control Board, Indian Board for Wildlife are the main
national environmental agencies.1

 The Ministry of Environment and Forests (MoEF)

The Ministry of Environment and Forests (MoEF) is the nodal agency in the administrative structure of the Central
Government, for planning, promoting, coordinating and overseeing the implementation of environmental and forestry
programmes in the country. The main activities undertaken by the ministry include conservation and survey of the flora
and fauna of India, forests and other wilderness areas; prevention and control of pollution; afforestation and reducing
land degradation. It is responsible for the administration of the national parks of India. The main tools utilized for this
include surveys, environmental impact assessment, control of pollution, regeneration programmes, support to
organizations, research to find solutions and training to augment the requisite manpower, collection and dissemination
of environmental information and creation of environmental awareness among all sectors of the country’s population.
The Ministry is also the nodal agency in the country for the United Nations Environment Programme (UNEP). Central
Pollution Control Board

 The Central Pollution Control Board (CPCB)

It is the statutory organization, was constituted in September, 1974 under the Water (Prevention and Control of
Pollution)Act, 1974. Further, CPCB was entrusted with the powers and functions under the Air (Prevention and Control
of Pollution)Act, 1981. It serves as a field formation and also provides technical services to the Ministry of Environment

1
Arvind Jasrotia, “Environmental protection and sustainable development: exploring the dynamics of
ethics and law”, vol. 49, Jan-March 2007, No.1, p. 46
and Forests of the provisions of the Environment (Protection)Act, 1986.Principal functions of the CPCB, as spelt out in
the Water (Prevention and Control of Pollution)Act, 1974, and the Air (Prevention and Control of Pollution)Act, 1981,
(i) to promote cleanliness of streams and wells in different areas of the States by prevention, control and abatement of
water pollution, and (ii) to improve the quality of air and to prevent, control or abate air pollution in the country.

Air Quality Monitoring is an important part of the air quality management. The National Ambient Air Quality
Monitoring (NAAQM) Programme has been established with the objectives to determine the present status of air
quality, for controlling and regulating emission of air pollutants from industries and other sources to meet the air quality
standards. It also provides background air quality data needed for setting of industries and town planning. Fresh water is
a finite resource essential for use in agriculture, industry, propagation of wildlife and fisheries and for human existence.
India is a riverine country but there are numerous lakes, ponds and wells which are used as primary source of drinking
water even without treatment. Most of the rivers being fed by monsoon rains, which are limited to only three months of
the year, run dry throughout the rest of the year often carrying waste water discharges from industries or cities or towns
endangering the quality of our scarce waterresources.The parliament of India in its wisdom enacted the Water
(Prevention and Control of Pollution)Act, 1974 with a view to maintaining and restoring wholesomeness of our water
bodies. One of the mandates of CPCB is to collect, collate and disseminate technical and statistical data relating to water
pollution. Hence, Water Quality Monitoring (WQM) and Surveillance are of utmost importance. The scheme of labeling
of Environment Friendly Products is on anvil for household and other consumer products to meet certain environment
criteria along with the quality requirements of Indian Standards. The scheme is known as Eco mark Scheme of India.

 Functions of the Central Board at the national level

• Advise the Central Government on any matter concerning prevention and control of water and air pollution and
improvement of the quality of air.

• Plan and execute nation-wide programme for the prevention, control or abatement of water and air pollution:

• Co-ordinate the activities of the State Board and resolve dispute among them;

• Provide technical assistance and guidance to the State Boards, carry out and sponsoring investigation and research
relating to problems of water and air pollution, and for their prevention, control or abatement;

• Plan and organize training of persons engaged in programme on the prevention, control or abatement of water and air
pollution;

• Organize through mass media, a comprehensive mass awareness programme on the prevention, control or abatement
of water and air pollution; Environmental Governance and State Pollution Control Board The umbrella Act, EPA
(Environmental Protection Agency) 1986 added strength to all preceding provisions. Special stipulations were made for
industrial, vehicular and noise pollution control in the country.

In India, states do not pursue independent environmental policy of their own but adopt the policies formulated at the
national level subject to such variations as may be necessary to suit to the local conditions. The central government has
also been issuing guidelines to the states on various environmental matters.

 Indian Board for Wildlife (IBWL)

The IBWL is the apex advisory body in the field of Wildlife Conservation in the country and is headed by the
Honorable Prime Minister of India. The IBWL has been reconstituted w.e.f. 7.12.2001. The XXI meeting of the IBWL
was held on 21.1.2002 under the Chairmanship of the Honorable Prime Minister of India at New Delhi.

 National Green Tribunal

National Green Tribunal is a statutory body established by a Government Notification using the powers of Section 3 of
the NGT Act 2010. It has replaced National Environment Appellate Authority.

Objective
The objective of establishing a National Green Tribunal was as follows:
 To provide effective and expeditious disposal of cases relating to environmental protection and conservation of
forests and
 Giving relief and compensation for damages to persons and property

INTERNATIONAL ENVIRONMENTAL AGENCIES

United Nations Environment Programme (UNEP), World Health Organisation (WHO) and Food and Agriculture
Organisation (FAO) are some of the main international agencies.2

 United Nations Environment Programme (UNEP)

UNEP was created by United Nations General Assembly, as an outgrowth of the United Nations Conference on the
Human Environment, held in Stockholm, Sweden that same year. The United Nations Conference on the Environment
and Development took place in Rio de Janeiro in 1992 and the World Summit on Sustainable Development, held in
Johannesburg in 2002 (also known as RIO+10) did not substantially change its configuration. It is headquartered in
Nairobi (Kenya)

2
Dr. P Ishwara Bhat, and Sri Bhat Sairam, “International Environmental Law Principles: Defining
Terms”, The Karnataka Law Journal, 2005(3), p.109
UNEP’s main mandate is to coordinate the development of environmental policy for keeping the global environment
under review and bringing emerging issues to the attention of governments and the international community for action.
Its activities cover a wide range of issues encompassing the atmosphere, marine and terrestrial ecosystems. UNEP has
played a significant role in developing international environmental conventions, promoting environmental science and
information and illustrating the way those can work with national governments and regional institution and Non-
Governmental Organizations (NGOs). UNEP has also been active in funding and implementing environment related
development projects for promoting sustainable development through sound environmental practices.

The implementation of UNEP’s work is done by the following seven divisions:

• Early Warning and Assessment

• Environmental Policy Implementation

• Technology, Industry and Economics

• Regional Cooperation

• Environmental Law and Conventions

• Global Environment Facility Coordination

• Communications and Public Information

Among UNEP’s many initiatives is the “Clean up the World” campaign, which attempt to build awareness throughout
the world regarding the huge impacts of our modern life style.

UNEP has aided in the development of guidelines and treaties on issues such as the international trade in potentially
harmful chemicals, trans boundary air pollution, and contamination of international waterways. The World
Meteorological Organization and the UNEP established the Intergovernmental Panel on Climate Change (IPCC) in
1988. UNEP is also one of several Implementing Agencies for the Global Environment Facility (GEF).

 Funding

UNEP receives the necessary funding for its programs from the Environmental Fund, which is maintained by voluntary
contributions of member governments, supplemented by contributions to more than seventy trust funds and by small
contributions from the regular budget of the United Nations. The UNEP budget for the 2004-2005 biennials is 130
million dollars

 World Health Organization (WHO)

 Constitution and history

The WHO’s constitution states that its objective “is the attainment by all peoples of the highest possible level of
health.”. Its major task is to combat disease, especially key infectious diseases, and to promote the general health of the
people of the world. The World Health Organization (WHO)It is one of the original agencies of the United Nations, its
constitution formally coming into force on the first World Health Day, (7 April 1948), when it was ratified by the
26thmember state. The WHO has 193 Member States.

The WHO is financed by contributions from member states and from donors.

The Regional Offices are:

 Regional Office for Africa (AFRO);

 Regional Office for Europe (EURO);
 Regional Office for South East Asia (SEARO);
 Regional Office for the Eastern Mediterranean
 Regional Office for Western Pacific (WPRO);
 Regional Office for the Americas (AMRO),

 Activities

Activities of WHO includes coordinating international efforts to monitor outbreaks of infectious diseases, such as
SARS(Severe Acute Respiratory Syndrome), malaria, swine flu, and AIDS as well as to sponsor programs to prevent
and treat such diseases. The WHO supports the development and distribution of safe and effective vaccines,
pharmaceutical diagnostics and drugs. After over two decades of fighting smallpox, the WHO declared in 1980 that the
disease had been eradicated - the first disease in history to be eliminated by human effort. WHO aims to eradicate polio
within the next few years. In addition to its work in eradicating disease. WHO is devoting increasing attention to various
health-environment related issues—for example, campaigns to boost the consumption of fruits and vegetables
worldwide and to discourage tobacco use. Environment and health are closely related. The Principle of the Rio
Declaration on Environment and Development, 1992 states “human beings are at the Centre of concern for sustainable
development. They are entitled to a healthy and productive life in harmony with nature.” Environmental hazards are
responsible for an estimated 25% of the total burden of disease worldwide.3

 HELI

To tackle environment related health hazards WHO has developed Health Environment Link Initiative (HELI). HELI is
a global effort by WHO and UNEP to support action

by developing country policymakers on environmental threats to health. HELI encourages countries to address health
and environment issues as integral to economic development. HELI supports valuation of ecosystem ‘services’ to
human health and wellbeing – services ranging from climate regulation to provision or replenishment of air, water, food
and energy sources and generally healthy living and working environments. HELI activities include country-level pilot
projects4

 Food and Agriculture Organization of the United Nations (FAO)

It is a specialized agency of the United Nations with member states that leads international efforts to defeat hunger.
Serving both developed and developing countries, FAO acts as a neutral forum where all nations meet as equals to
negotiate agreements and debate policy. FAO is also a source of knowledge and information, and helps developing
countries and countries in transition modernize and improve agriculture, forestry and fisheries practices, ensuring good
nutrition and food security for all. Its Latin motto, fiat pains, translates into English as “let there be bread”. The FAO
headquarters are located in Rome and has five regional offices. Regional Office for Africa in Accra, Ghana Regional
Office for Latin America and the Caribbean in Santiago, Chile Regional Office for Asia and the Pacific in Bangkok,
Thailand Regional Office for the Near East in Cairo, Egypt Regional Office for Europe in Budapest, Hungary WHO
member states appoint delegations to the World Health Assembly, WHO’s supreme decision-making body. All UN
member states are eligible for WHO membership and according to the WHO web site, “Other countries may be

S Shanthakumar’s Introduction to Environmental Law, 2nd edition, Nagpur, Wadhwa and Company,
Reprint 2009, p. 75
4

Fred L. Morrision and Rudiger Wolfrum, International, Regional and National Environmental Law,
Netherland, Kluwer Law International, 2000, p.167
admitted as members when their application has been approved by a simple majority vote of the World Health
Assembly.”5

DISEASES AFFECTING HUMAN HEALTH FOR ENVIRONMENTAL

HEALTH HAZARDS

 Allergies and Asthma (AZ-ma)

Slightly more than half of the300 million people living in the U.S. are sensitive to one or more allergens. They sneeze,
their noses run and their eye stich from pollen, dust and other substances. Some suffer sudden attacks that leave them
breathless and gasping for air. This is allergic asthma. Asthma attacks often occur after periods of heavy exercise or
during sudden changes in the weather. Some can be triggered by pollutants and other chemicals in the air and in the
home. Doctors can test to find out which substances are causing reactions. They canal so prescribe drugs to relieve the
symptoms.

 Birth Defects

Sometimes, when pregnant women are exposed to chemicals or drink a lot of alcohol, harmful substances reach the
fetus. Some of these babies are born with an organ, tissue or body part that has not developed in a normal way. Aspirin
and cigarette smoking can also cause birth problems. Birth defects are the leading cause of death for infants during the
first year of life. Many of these could be prevented.

 Cancer

Cancer occurs when a cell or group of cells begins to multiply more rapidly than normal. As the cancer cells spread,
they affect nearby organs and tissues in the body. Eventually, the organs are not able to perform their normal functions.
Cancer is the second leading cause of death in the U.S., causing more than 500,000 deaths each year. Some cancers are
caused by substances in the environment: cigarette smoke, asbestos, radiation, natural and manmade chemicals, alcohol,
and sunlight. People can reduce their risk of getting cancer by limiting their exposure to these harmful agents.

5
Sprinz and Martin Weifs, Domestic Politics and Global Climate Policy, 1st edition, Jaipur: Techno
Science Publications, 1996, p. 88
 Dermatitis (durmuh TIE-tiss)
Dermatitis is a fancy name for inflamed, irritated skin. Many of us have experienced the oozing bumps and itching
caused by poison ivy, oak and sumac. Some chemicals found in paints, dyes, cosmetics and detergents canal so cause
rashes and blisters. Too much wind and sun make the skin dry and chapped. Fabrics, foods, and certain medications can
cause unusual reactions in some individuals. People can protect themselves from poison ivy by following a simple rule:
”Leaves of three, leave them be.“ Smart folks know their poisons

 Emphysema (EM-fuh-ZEE-ma)

Air pollution and cigarette smoke can break down sensitive tissue in the lungs. Once this happens, the lungs cannot
expand and contract properly. This condition is emphysema. About 2 million Americans have this disease. For these
people, each breath is hard work. Even moderate exercise is difficult. Some emphysema patients must breathe from
tanks of oxygen.

 Fertility Problems

Fertility is the ability to produce children. However, one in eight couples has a problem. However, more than 10 percent
of couples cannot conceive after one year of trying to become pregnant.*Infertility can be caused by infections that
come from sexual diseases or from exposure to chemicals on the job or elsewhere in the environment. Researchers at
The National Institute of Environmental Health Sciences (NIEHS) have shown that too much caffeine in the diet can
temporarily reduce a woman’s fertility. NIEHS scientists have also pinpointed the days when a woman is likely to be
fertile.

 Goiter (GOY-ter)

Sometimes people don’t get enough iodine from the foods they eat. This can cause a small gland called the thyroid to
grow larger. The thyroid can become so large that it looks like a baseball sticking out of the front of your neck. This is
called goiter. Since the thyroid controls basic functions like growth and energy, goiter can produce a wide range of
effects. Some goiter patients are unusually restless and nervous. Others tend to be sluggish and lethargic. Goiter became
rare after public health officials decided that iodine should be added to salt.

 Heart Disease

Heart disease is the leading cause of death in the United States and is a major cause of disability. Almost 700,000
Americans die of heart disease each year.*While these may be due in part to poor eating habits and/or lack of exercise,
environmental chemicals also play a role. While most chemicals that enter the body are broken down into harmless
substances by the liver, some are converted into particles called free radicals that can react with proteins in the blood to
form fatty deposits called plaques, which can clog blood vessels. A blockage can cut off the flow of blood to the heart,
causing a heart attack.

 Immune Deficiency Diseases

The immune system fights germs, viruses and poisons that attack the body. It is composed of white blood cells and other
warrior cells. When a foreign particle enters the body, these cells surround and destroy this “enemy.” We have all heard
of AIDS and the harm it does to the immune system. Some chemicals and drugs can also weaken the immune system by
damaging its specialized cells. When this occurs, the body is more vulnerable to diseases and infections

TYPES OF POLLUTION

Pollution may be of the following types:

• Air pollution

• Noise pollution

• Water pollution

• Soil pollution

• Thermal pollution

• Radiation pollution

 AIR POLLUTION

Air pollution is a result of industrial and certain domestic activity. An ever increasing use of fossil fuels in power plants,
industries, transportation, mining, construction of buildings, stone quarries had led to air pollution. Air pollution may be
defined as the presence of any solid, liquid or gaseous substance including noise and radioactive radiation in the
atmosphere in such concentration that may be directly and indirectly injurious to humans or other living organisms,
plants, property or interferes with the normal environmental processes. Air pollutants are of two types (1) suspended
particulate matter, and (2) gaseous pollutants like carbon dioxide (CO2), NOx etc.

 OZONE HOLE-CAUSES AND HARM DUE TO OZONE DEPLETION

The stratosphere has an ozone layer which protects the earth’s surface from excessive ultraviolet (UV) radiation from
the Sun. Chlorine from chemicals such as chlorofluorocarbons (CFCs) used for refrigeration, air conditioning, fire
extinguishers cleaning solvents, aerosols (spray cans of perfumes, medicine, insecticide) cause damage to ozone layer
chlorine contained in the CFCs on reaching the ozone (O3) layer split the ozone molecules to form oxygen (O2).
Amount of ozone, thus gets reduced and cannot prevent the entry of UV radiation. There has been a reduction of ozone
umbrella or shield over the Arctic and Antarctic regions. This is known as ozone hole. This permits passage of UV
radiation on earth’s atmosphere which causes sunburn, cataract in eyes leading to blindness, skin cancer, reduced
productivity of forests, etc. Under the “Montreal Protocol” amended in 1990 it was decided to completely phase out
CFCs to prevent damage of ozone layer.

 GLOBAL WARMING AND GREENHOUSE EFFECT

Atmospheric gases like carbon dioxide, methane, nitrous oxide, water vapor, and chlorofluorocarbons are capable of
trapping the out-going infrared radiation from the earth. Infra-red radiations trapped by the earth’s surface cannot pass
through these gases and to increase thermal energy or heat in the atmosphere. Thus, the temperature of the global
atmosphere is increased. As this phenomenon of increase in temperature is observed in green houses, in the botanical
gardens these gases are known as greenhouse gases and the heating effect is known as greenhouse effect. If greenhouse
gases are not checked, by the turn of the century the temperature may rise by 50C. This will melt the polar ice caps and
increase the sea level leading to coastal flooding, loss of coastal areas and eco systems like swamps and marshes, etc.

 NOISE POLLUTION

Noise is one of the most pervasive pollutants. A musical clock may be nice to listen during the day, but may be an
irritant during sleep at night. Noise by definition is “sound without value” or “any noise that is unwanted by the
recipient”. Noise in industries such as stonecutting and crushing, steel forgings , loudspeakers, shouting by hawkers
selling their wares, movement of heavy transport vehicles, railways and airports leads to irritation and an increased
blood pressure, loss of temper, decrease in work efficiency, loss of hearing which may be first temporary but can
become permanent in the noise stress continues. It is therefore of utmost importance that excessive noise is controlled.
Noise level is measured in terms of decibels (dB). W.H.O. (World Health Organization) has prescribed optimum noise
level as 45 dB by day and 35 dB by night. Anything above 80 dB is hazardous
 WATER POLLUTION

Addition or presence of undesirable substances in water is called water pollution. Water pollution is one of the most
serious environmental problems. Water pollution is caused by a variety of human activities such as industrial,
agricultural and domestic. Agricultural runoff laden with excess fertilizers and pesticides, industrial effluents with toxic
substances and sewage water with human and animal wastes pollute our water thoroughly. Natural sources of pollution
of water are soil erosion, leaching of minerals from rocks and decaying of organic matter. Rivers, lakes, seas, oceans,
estuaries and ground water sources may be polluted by point or non-point sources. When pollutants are discharged from
a specific location such as a drain pipe carrying industrial effluents discharged directly into a water body it represents
point source pollution. In contrast non-point sources include discharge of pollutants from diffused sources or from a
larger area such as run off from agricultural fields, grazing lands, construction sites, abandoned mines and pits, roads
and streets.

 SOIL POLLUTION

Addition of substances which adversely affect the quality of soil or its fertility is known assoils pollution. Generally
polluted water also pollutes soil. Solid waste is a mixture of plastics, cloth, glass, metal and organic matter, sewage,
sewage sludge, building debris, generated from households, commercial and industries establishments add to soil
pollution. Fly ash, iron and steel slag, medical and industrial wastes disposed on land are important sources of soil
pollution. In addition, fertilizers and pesticides from agricultural use which reach soil as run-off and land filling by
municipal waste are growing cause of soil pollution. Acid rain and dry deposition of pollutants on land surface also
contributes to soil pollution.6

 Environmental Legislations

Constitutional Provisions & Environment

•Art 21 “Right to pollution free environment.”

•Art 48-A “ The state shall endeavor to protect & improve the environment and to safeguard the forests and wildlife of
the country.

6
Dr. P Ishwara Bhat, and Sri Bhat Sairam, “International Environmental Law Principles: Defining
Terms”, The Karnataka Law Journal, 2005(3), p.125
•Art 51-A(g) “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.”

 General

•1986 - The Environment (Protection) Act authorizes the central government to protect and improve environmental
quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any
industrial facility on environmental grounds.

•1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection,
treatment, import, storage, and handling of hazardous waste.

•1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care institutions to
streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment.

•2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 apply to every municipal authority
responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes.

•2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down such terms and conditions as are
necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours on or
during any cultural or religious festive occasion.7

 Forest and wildlife

•1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to
‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest
produce’.

•1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals
and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them.

7
H. A. C. Prasad, J. S. Kochher, “Climate Change and India: Some Major Issues and Policy
Implications,” Department of Economic Affairs, Ministry of Finance, Government of India, March
2009, p. 82
•1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the
forests.

•2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity, sustainable use of
its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and
knowledge associated with it.

 Water

•1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and
abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission
to discharge waste into effluent bodies.

The CPCB (Central Pollution Control Board) was constituted under this act.

•1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on
water consuming industries and local authorities.

•1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the
kind of and location of meters that every consumer of water is required to affix.

•1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction. It gives
some protection to the backwaters and estuaries.

•2010 – Wetland Rules

 Air

•1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and
the powers entrusted to them.

•1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control
boards to meet with grave emergencies of air pollution.

 Environment Protection Act, 1986

•"environment" includes water, air and land and the inter- relationship which exists among and between water, air and
land, and human beings, other living creatures, plants, micro-organism and property
•"environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or
tend to be, injurious to environment;

•"environmental pollution" means the presence in the environment of any environmental pollutant;

 Environment Protection Act, 1986

•"handling", in relation to any substance, means the manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;

•“hazardous substance" means any substance or preparation which, by reason of its chemical or physio-chemical
properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property
or the environment;

•"occupier", in relation to any factory or premises, means a person who has control over the affairs of the factory or the
premises and includes in relation to any substance, the person in possession of the substance;

 Requirements under EPA

•Sec 7- no person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or
emitted any environmental pollutant in excess of such standards as may be prescribed•Sec 8 – no person shall handle or
cause to be handled any hazardous substance except in accordance with such procedure and after complying with such
safeguards as may be prescribed

LEGAL REGULATION OF GLOBAL WARMING IN INDIA

Almost every national government in the United Nations now has a minister and a department tasked with policy on the
environment, and many regional and local governments have also developed this capacity. Since 1992 the volume and
quality of environmental legislation (international, national and local) has expanded hugely, and international
agreements have not only raised the profile of environmental change but also begun to drive global policy
change.1Domestic or national law refers to the legal system applicable to a defined territory over which a sovereign
power has jurisdiction. International Law, on the other hand, regulates the conduct of the States and other international
actors. Over the years domestic and international systems of law have evolved in parallel. In certain fieldsand regions of
the world, international law has shaped and significantly contributed to the development of domestic environmental law.
Yet international environmental law also reflects domestic experiences considered successful by the Community of
Nations. The result is a complex relationship in which the two levels of environmental law mutually contribute to and
reinforces each other

Law of Torts

The law of torts is largely unmodified and also based on accepted principles. Thus the common law principles including
nuisance, negligence, trespass and strict liability are the oldest form of remedies to abate the hazards of pollution. In
India the law of torts has been generally followed to provide equity, justice and good conscience. The Supreme Court
has evolved the principle of absolute liability in addition to the above traditional categories as it felt that the rule of strict
liability laid down in Ryland v Fletcher12 was no longer suitable in the prevailing socio-economic conditions of the
country.13

Early Legislations

The Shore Nuisance (Bombay-Kalova) Act, 1893 was enacted to check wastes and marine water pollution. The Oriental
Gas Company Act, 1857 and the Bengal Smoke Nuisance Act, 1905 were enacted to prevent or reduce atmospheric
pollution in and around Calcutta. The Bombay Smoke Nuisance Act, 1912 was passed to check smoke nuisance in
Bombay area. For preservation of forests, the Cattle Trespass Act1871 and Indian Forest Act 1927 were passed. The
Indian Easement Act of 1882guaranteed property rights of riparian owners against “unreasonable” pollution by
upstream users.

The Indian Penal Code, 1860

The Indian Penal Code 1860, enacted during the British rule, contains one chapter (Chapter XIV) on offences affecting
public health, safety, convenience, decency and morals. It deals with offences affecting public health, safety and
conveyance, which covered aspects like water, are and noise pollution. Section 268 covers public nuisance. It defines
public nuisance as any act or an illegal omission which cause 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 person who may have occasion to use any public right. Sections 269 and 272 deal
with adulteration of food or drink for sale and adulteration of drugs respectively. Section 277 lays down that, whoever,
voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for
which it is ordinarily used shall be punished with imprisonment for a term which may extend to 3 months, or with a fine
which may extend to Rs. 500, or with both. Section 278 lays down that whoever voluntarily vitiates the atmosphere so
as to make it noxious to the health of persons in dwelling or carrying on business in the neighborhood or passing along a
public way shall be punished with fine which may extent to Rs.500. Sections 284, 285 and 286 deal with negligent
conduct with respect to poisonous substances, combustible matter and explosive substances. Sections 428 and 429 cover
mischief to animals. Other concerned provisions are a “negligent act likely to spread infection or diseases dangerous to
life” and making atmosphere noxious to health. Thus, even the pre-constitutional statues like Indian Penal Code 1860
and Code of Criminal Procedure, 1973 and the criminal sanctions contained in specific environmental legislation and
municipal Acts contain provisions for criminal aspects relation to environment

The Indian Forest Act, 1927

Although it embodies the colonial policies of the pre-independence era, the Forest Act of 1927 remains in force. This
Act consolidates, with minor changes, the provisions of the Indian Forest Act of 1878 and it’s amending Acts. The 1927
Act deals with four categories of forest, namely, reserved forests, village forests, protected forests, and non-government
(private) forests. A state may declare forestlands or waste lands as reserved forests, and may sell the produce from these
forests. Any unauthorized felling of trees, quarrying, grazing and hunting in reserved forests is punishable with a fine or
imprisonment, or both. Such initiatives help reduce pollution. Thus, various legislative measures were taken during the
British period for prevention of pollution and for conservation of natural resources.

 Role of Judiciary

The phenomenon of the emergence of Courts of Law in India, perhaps, as the sole dispenser of environmental justice is
occurring. By delivering landmark judgments, that have, indeed, altered the common man’s perception of the Court of
Law as just a forum for dispute resolution and nothing else; the Indian Judiciary has carved out a niche for itself as a
unique institution. The increasing interest and a sense of inevitability in approaching the corridors of justice, over every
conceivable environmental problem interest groups and individuals, bear witness to this unprecedented
occurrence.109The judiciary now in analyzing the issues relating to environment is taking recourse to constitutional
environmentalism more assertively and forcefully. In the recent years, the Supreme Court of India and some High
Courts of the states under Articles 32 and 226 of the Constitution respectively have led the way in the enforcement of
environmental laws through citizen-led public interest litigation (PIL) that has its legal basis in the constitutional right to
a healthy environment. Through this judicial activism, the courts have issued orders with specific implementation
requirements that not only remedy the case at hand, but also set new policies and practices with widespread implications
for the regulated community as well as regulatory agencies.

The environmental constitutionalism which led to incorporation of Articles

48A and 51A (g) in the Constitution received further impetus in 1978 when the Apex
Court in Maneka Gandhi case in interpreting Article 21, which deals with the human right relating to life and personal
liberty, held the view that the correct way of interpreting the provisions of part III (i.e., fundamental rights) would be to
expand the reach and ambit of the fundamental rights rather than to attenuate their meaning and content by judicial
interpretation. This has not only given new dimensions to Article21, but the Court in interpreting subsequent issues
relating to environment and ecology has given birth to new environmental jurisprudence through its judicial activism
and held that right to life includes right to clean and health environment. This enabled the Court to expand Article 21 in
such a way that non-justiciable directives contained in Article 48A got resurrected as enforceable fundamental right, in a
manner beyond the comprehension of the makers of the Constitution. This is to say; for all practical purposes the
directives contained in Article 48A have been raised to the status of fundamental right enforceable by writ petitions
under Articles 32 and226 of the Constitution. Another important development of this new environment jurisprudence is
that the traditional view that the negative language of Article 21 and the use of the word ‘deprived’ in it, has imposed
upon the state of negative duty not to interfere with the life and personal liberty has undergone a sea change. Now,
under the new environment jurisprudence and constitutional environmentalism the state is under a positive obligation to
ensure clean and healthy environment for enjoyment of life of every individual. Lack of vision, in foreseeing
environmental problems, not evolving appropriate policies, plans and programmes, beside non-dynamic, reactive (rather
than being pro-active), legislative laws, in tackling the complex and ever challenging environmental issues and
problems appear to be at the root of the activist stance of the courts of law. The scope, thus, includes right to livelihood,
right to roads, right to speedy trial, right to clean air, forest, water and environment and right to traditional method of
environmental protection under right to life. The right to life approach not only implies the absence of a polluted
environment but also the quality of the environment by enumerating justifiable entitlements such as a clean river and
lakes, coastal resource zone, afforestation, preservation of wetland, healthy growth of wildlife and ornithology. An
important recent development is the rise of judicial activism in the enforcement of environmental legislation. This is
reflected in the growth of environment-related public litigation cases that have led the courts to take major steps such as
ordering the shut-down of polluting factories.113 In the quest for development, man since time immemorial has been
continuously thriving upon environment. In his process to manage environment, to achieve higher standard of living he
has caused serious irreparable damage to the environment. Several legislations have been enacted to impose a check on
these human actions, which deplete the environment. But the true savior has been the judiciary, which has time and
again balanced man’s development with the environment. Pollution is also a part of Social Justice. In Minerva Mills Co.
Ltd., Vs. SutMill Mazdoor Union (AIR 1955 SC 170), it was held that, “Social justice connotes the balance of
adjustments of the various interests concerned in the social and economic basis.” Public health is a part of social justice.
A decent life presupposes decent health, and not only the individual has to be kept from disease, but the whole
environment has to be kept halcyon to ensure perfect health. In this context the Supreme Court highlighted the relevant
Articles 41, 43, 47 and 48-A of the Constitution. 114If we observe the cases becomes clear that the courts were certainly
protecting the environment. Though protection to the environment was not directly accorded under environmental
protection legislations, it was given indirectly through other legislations having clauses pertaining to the environment.
The IPC, Cr. P.C, Factories Act and the Law of Torts have helped indirectly in the development of environmental laws
in India and in absence of effective environmental enactments in the pre-1972period these laws have helped to protect
and conserve nature to a large extent. On various occasions our courts have effectively interpreted various provisions to
save our environment for e.g. in Narendra Kumar Vs. Union of India (AIR1960 SC 430).The Supreme Court
exclaimed that Restrictions includes prohibition in certain cases to save forests’. Keeping in mind the intention of law
framers courts have positively interpreted various words and phrases in the interest of nation and its environment. 115In
this context, Article 48-A of the Constitution is significantly important. In Minerva Mills V. Union of India, (AIR 1978
SC 597) Y. V. Chandrachud, C. J.,observed that a balance between the fundamental Rights (Part III) and Directive
Principles of State Policy (Part IV) form the basic components of the fundamental structure of the Constitution of India.
The fundamental rights as guaranteed by the Indian Constitution projected a picture of a perfect, full-fledged and free
citizen while the Directive Principles aid at self-sufficient society. The aspiration of the citizens is achieved by the
complementary role played by the Fundamental Rights and the Directive Principles. A primary duty of the State is spelt
out in Article 47 to raise the level of nutrition and standard of living and to improve health as this Article directs
towards betterment of public health. In Ratlam Municipality V. Vardhichand, (AIR 1980 S1622) the court enforced the
duty against the defaulting local authorities irrespective of the insufficient financial resources of such authority.116The
right to clean environment as an integral part of the right to life, which in turn is a human right, has been recognized In
the decision of the Supreme Court in Rural Litigation and Entitlement Kendra v. State of Uttar8 Pradesh. 117 From
here onwards a new era has started to include clean environment as an integral part of the right to life under Article 21
of the constitution of India. Environmental right, as a part of the human rights law, now stands substantiated through
judicial precedents and other sources of international law In Subhas Kumar v. State of Bihar9,119 the Apex Court has
held that right to live is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of
pollution free water and air for full enjoyment of life. If anything endangers or impairs the quality of life in derogation
of laws, a citizen have a right to recourse to Article 32 of the Constitution for removing the pollution of water or air
which may be detrimental to the quality of life. The Supreme Court has explained the inter-relation between ecological
issues and fundamental rights as ecological concern arising in this Court under Article 21 or under Article 136 or under
Article 226 in the High Courts are, in our view, of equal importance as human rights concern. In fact both are to be
traced to Article 21, which deals with the fundamental rights to life and liberty. While environmental aspects concern
‘life’, human rights aspects concern ‘liberty’.120In M. C Mehta v. Union of India 10and others 121 the Supreme Court
held that when there is manufacture and sale of hazardous products then necessary steps should be taken for reducing
hazard to workmen and community living in neighborhood. Damage in case of accident caused by leakage of liquid or

8
A.I.R 1985 S.C 652. See also Subash Kumar v. Bihar A.I.R1991 S.C.420
9
AIR 1991 SC 420
10
AIR 1987 SC 965.
gas must also be paid to the petitioner. Supreme Court further in Virender Gaur v. State of Haryana11 has observed
that Article 21 protects right to live as a fundamental right. Enjoyment of life and its attainment including the right to
life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological
balance, and freedom from pollution of air and water, sanitation without which life cannot been joyed. Any contract or
action, which would cause environmental pollution, environmental, ecological, air, water, pollution, etc., should be
regarded as amounting to violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy
life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental
protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental
protection implies maintenance of the environment as a whole comprising the manmade and the natural environment.
Therefore, there is a constitutional imperative on the State Government and the municipalities, not only to ensure and
safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve
both the man made and the natural environment. In the Bangalore Medical Trust v. B S. Muddappa12 held that
discretion vested in an authority must be exercised for the purpose of attaining the objects of the laws. A plot reserved
for a public park could not be allotted arbitrarily to a private hospital by altering the town-planning scheme. The
alteration did not improve the scheme and, therefore, was contrary to the purpose for which the power to alter the
scheme was conferred. In M I Builders v. Radhey Shyam Sahu13 Supreme Court ruled that there is no alter to this
except to dismantle the whole structure and restore the park to its original conditions leaving a portion constructed for
parking. We are aware that it may not bepossible to restore the park fully to its original condition as many trees have
been chopped off and it will take years for the trees now to be planted to grow. But a beginning has to be made. In Santi
Park ‘Sorent’ Co-op. Hsg. Soc. Ltd. V. Municipal Corporation14,considering the provisions of the Air Act, the air
quality norms and statutory obligations of the municipal corporation, the High Court of Bombay issued comprehensive
directions to the respondents to abate the nuisance. The directions included proper management of the solid waste
15
disposal site. In Murali D. Deora v. Union of India and others 126 the Supreme Court observed that fundamental
right guaranteed under Article 21 of the Constitution of India, inter alia, provides that none shall be deprived of his life
without due process of law. There is no reason why a non-smoker should be afflicted by various diseases, including
lung cancer or of heart, only because he is required to go to public places. It is indirectly depriving him of his life
without any process of law. A public interest petition, filed to protect Taj Mahal a world wonder and the monument of
international repute, sought appropriate directions to the authorities concerned to take immediate steps to stop air
pollution in Taj Trapezium (TTZ). The sulphur dioxide emitted by the Mathura Refinery and other industries when

11
(1995) 2 SCC 577.
12
AIR 1991 SC 1902
13
AIR 1999 S.C 2468.
14
W.P No. 1138 of 1996.

15
(2001) 8 SCC 765.
combined with oxygen with the aid of moisture forms sulphuric acid called “acid rain” which has a corroding effect on
the gleaming white marble. The Supreme Court decisions were based on the reports of various technical experts that air
pollutants have a damaging effect on the Taj and the people living in the TTZ. The court observed that “precautionary
principle” requires that environmental measures must anticipate, prevent and attack the causes of operation, which are
detrimental to the environment. The Supreme Court further upheld that the polluting industries should changeover to the
natural gas as an industrial fuel or should relocate themselves in new industrial estates outside TTZ. The UP
government was directed to give assistance and incentives to the industries in the process of relocation while workmen
shall been titled to certain rights and benefits.127To protect the deteriorating quality of air so as to protect the health of
the people in Delhi, which is the facet of the Article 21 of the Constitution, the SupremeCourt has highlighted very
categorically the constitutional duty of the state to protectthe environment and held that Articles 39(e), 47 and 48A
collectively cast a duty on the local authority to phase out grossly polluting old vehicles and non CNG buses to improve
environment and protect the health of the people of Delhi.128The Supreme Court in a case has highlighted very
categorically the constitutional duty of the state to protect the environment and held that Articles 39(e),47 and 48A
collectively cast a duty on the local authority to phase out grossly polluting old vehicles and non CNG buses to improve
environment and protect the health of the people of Delhi. The Kerala High Court achieved a more modest agenda in
requiring the Kerala government to strictly implement vehicular emission regulations framed under the MVA. The court
directed the state to provide a smoke meter and gas analyzer at every major town The Gwalior Bench of Madhya
Pradesh High Court issued similar directions. The question remains whether the court in M. C. Mehta’s case should
have restricted the new emission regime to the national capital region or extended to all polluted metropolitan regions?
Should other High Courts follow the lead and prescribe similar technology forcing deadlines in respect of the polluted
cities in their jurisdiction. In P.C Cherian v. State of Kerala16, the Kerala High Court said that the carbon particle
(carbon black) emitted from two rubber factories amounted to an actionable public nuisance under section of the code of
criminal Procedure 1973.The court took judicial notice of the health effects of air pollution and it had to strike a balance
between the community interest and the interest of the workers in protecting their jobs. The court held that there is no
scope for doubt that carbon black on the clothes of the residents, which make them soiled, and their deposits on food
articles would cause annoyance to them all.133In Koolwal’s case the court raise a questionable point that when every
citizen owes a constitutional duty to protect the environment (Article 51 A), the citizen must also be entitled to court’s
aid in enforcing the duty against recalcitrant stateagencies.134A very unique jurisprudential innovation has been
incorporated into the equality principle by bringing inter-generational equity and sustainable develop men under its
precinct. Further, in the M C Mehta v. Union of India case, the Court held that precautionary principles and the polluter
pays principle were the broad constituents of sustainable development and right to life. The other fundamental right
shaving a bearing on environmentalism is the right to practice any profession or carryon any occupation or trade or
business. However, the Courts most often than not impose restrictions on development-oriented plans which come in the

16
1981 K.L.T.113
way of sustainable development. To abate environmental degradation and pollution not only the fundamental right to a
wholesome environment is articulated through Articles 32 and 226 but the Apex Court is resorting to Article 142 of the
Constitution to auger environmentalism. Thus view was firmed up in the Consumer Education and Research Centre
Case wherein the Supreme Court issued orders against thirty asbestos mines and seventy four asbestos related industries
to come abide by ergonomic principles. A concurrent justification for the order was supported by judicial obligations
underpin under Article 142.The judiciary has evolved as well as applied various environmental principles in the various
landmark decisions. Absolute liability of hazardous and inherently dangerous industry is high-water mark of the
development of ‘polluter pays principle’. The ‘polluter pays principle’ requires, a polluter bear the remedial or cleanup
costs as well as the amounts payable to compensate the victims of pollution. Theprinciple as a remedial measure (for, it
comes into force after the damage hasoccurred) has been applied by the Supreme Court in a series of cases to enforce
theremedial costs on the polluters.The “precautionary principle”, another part of the basic environmental law ofthe land,
which requires governmental authorities to anticipate, prevent and attack the causes of environmental pollution and also
imposes the onus of proof on the developer or industrialist to show that his or her activity is environmentally benign,
has been applied the Apex Court in Sludge’s case, T N Tanneries case and Sapna Motel case. The principle in more
explicit terms was applied in M C Mehta v. Unionof India (Taj Trapezium case) for protecting the Taj from air
pollution by coke/coal fuel based industries operating within the Taj trapezium was revealed from expert studies. The
Supreme Court in Sapna Motel case has accepted the doctrine of Public trust which rests on the premise that certain
natural resources like air, sea, water are means for general use and cannot be restricted to private ownership. These
resources are a gift of nature and the state, as a trustee thereof, is duty bound to protect them. The State is the trustee, the
general public the beneficiary, of such natural resources as sea, running water, air, forests, and ecologically fragile
lands. The Supreme Court has assumed the role of public educator. In M C Mehta v.Union of India, the Supreme Court
directed the exhibition and broadcast of environmental messages and information by the media and introduction of
environment as a compulsory subject in schools and colleges. The Court issued detailed directions regarding the
compulsory screening of slides and documentaries in cinema halls and the broadcast of programmes on radio and
television. The UGC was told to prescribe courses on environment in the universities syllabi. The State Governments
and Education Board were directed to take immediate steps to include environment in the school curricula. To ensure
strict compliance of its directions, it has come heavily on defiant states enjoining upon them to strictly implement the
maunder the supervision of the state authorities.141Taking on the “mining mafia” has been another concern of the
Supreme Court. Quite recently, it asked the central government to submit by January 27 the Justice Shah Commission
report on illegal mining in the states of Odisha and Jharkhand. The report is expected to reveal the illegal financial
transactions and expose the culprits. Recently, the Court permitted 118 legal mines in the state of Karnataka to reopen,
lifting a two-year ban. However, it cancelled the leases of mining projects planned outside the sanctioned area of the
Bellary district. In Essar Oil Ltd. v. Halar Utkarsh Samiti and Ors.,17 the judiciary has made a reference to the impact

17
AIR 2004 SC 1834
of global warming on the sea level and has stressed the need for protecting the areas that are ecologically sensitive and
important such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral
reefs, areas, close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty,
historical heritage areas, areas rich in genetic diversity, areas which are likely to be inundated due to rise in sea level
consequent upon global warming and such other areas as may be declared by the Central Government or the concerned
authorities at the State/Union Territory level from time to time In Karnataka, Industrial Areas Development Board v
Sri. C Kenchappa &Ors18 the Court overturned a direction by the Karnataka High Court to the appellant to leave a land
of one km as a buffer zone to maintain a ‘green area’ around theperiphery of a village. In this case the judiciary has
made specific mention of the entire world facing the serious problem of environmental degradation due to
indiscriminate development and due to industrialization, burning of fossil fuels and massive deforestation leading to
degradation of environment resulting in global warming.The judiciary has been well aware of international development
in the field of environmental law and is molding and developing the environmental jurisprudence in the light of
international conventions, treaties and agreements. The Indian judiciary by taking recourse to international
environmental principles is not only reinforcing, strengthening and widening the environmental jurisprudence in India,
but is also making the executive and legislative wings of the state proactive in the field of protection and improvement
of the environment. In fact, relying on some international environmental principles the Indian judiciary has been able to
face some of the challenges relating to environmental protection very successfully in the absence of appropriate
domestic legislation in the concerned field. The Supreme Court relaying on the international concept of sustainable
development, which calls upon the states to bear solemn responsibility to conserve and use environment and natural
resources for the benefit of present and future generations, has given some important decisions relating to environment.
Emboldened by the human rights-oriented judicial initiative, India’s environmental movement in the atmosphere of
repressive policing and bureaucracy has ushered a generation human rights regime. This was made possible by ethical
and legal considerations embedded in deep ecological postulates and numerous international declarations into our
constitutional body. Therefore, if anything endangers or impairs that quality of life in derogations of laws, a person can
take recourse to Article 32 or Article 226 for removal of pollution of water or air that may be detrimental to the quality
of air. A petition for prevention of pollution is maintainable at the instance of the affected person or persons, or even by
a group of social workers or journalists. The lacunae in law and laxity and indifference on the part of enforcement
agencies have invited increased judicial intervention and in some cases pass judicial strictures. To make up the
deficiencies in law, the Supreme Court has issued directions to fill cavernous gaps. India’s apex court, the Supreme
Court, has been playing an important role as a steward of environmental protection. In a recent order, it required the
central government to set up a national environment regulator with offices in every state by March 31, 2014, entrusted
with appraising and approving projects for environmental clearances. In fact, Indian democracy is known not only for
its judicial independence, but, importantly, for offering numerous instances of judicial activism that has been facilitated

18
AIR 2006 S.C 2038
by the “innovative” tool of PIL - a judicial pill for relief against executivewrongs.Thus, the Indian Supreme Court has
interpreted the right to life under Article21 in a manner that extends beyond mere survival, to cover conditions that are
necessary for higher standards of living. Climate change, could potentially affect both the survival and standards of
living of Indians. Therefore, constitutional litigation maybe one avenue to accelerate government responsiveness to
climate change, and this possibility may influence the tenor of the Indian Government in negotiations for apost-2012
climate regime. Of course, even if litigation is a feasible option to influence India's stance on addressing global
warming, it may not amount to very much internationally, given India's current limited influence in the post-Kyoto
negotiations. On the other hand, such litigation may be a more promising avenue to leverage exchange domestically
than any other currently available legal strategy. I therefore now turn to discussing specifically how climate change
could infringe constitutional rights in India, before moving on to discussion of domestic constitutional litigation as a
tool for combating climate change. Even if the Supreme Court were to find an Article 21violation, it could not exercise
its jurisdiction over foreign nations. Article 32 of the Indian Constitution provides for judicial review only in the case of
violation off fundamental rights by the Indian government. Even the option of bringing a constitutional challenge
against the Indian government as a strategy to catalyze action on climate change is not without problems. The
Constitution vests foreign affairs powers exclusively in the central government. It grants to parliament, the legislative
branch, the power to enact laws regarding foreign affairs, including the power to conclude legal arrangements. However
in practice, the executive branch of government enters into and implements treaties and international obligations, and
the parliament merely has the power to enact executing domestic legislation. No provision of the Indian Constitution
explicitly grants the judiciary the authority to review matters related to foreign affairs. In fact, the judiciary is
specifically excluded from adjudicating international disputes, except for advising the President upon request.
Furthermore, the judiciary may be hard pressed to grant appropriate remedies. Short of directing the government on
international climate negotiations and policies, there is little that the Indian judiciary can effectively do by way of
shielding fundamental rights from climate change related violations, without risking its institutional legitimacy. If and
when the violations actually occur, the Supreme Court could order the government to pursue international adjudication,
but, as current evidence suggests, international adjudication has limited utility. International principles under which any
such remedy might be claimed, such as the duty to prevent trans boundary pollution (even though interpreted as
customary international law in the Trail Smelter Arbitration), are often not complied with by states. There is no
indication at this point those violations will be prevented or compensated for when climate change related catastrophes
unravel, especially if the incidents in the Sunderbans are any indication. More importantly, the Indian judiciary may be
facing the limits of its capacity to deliver justice in this context, because of the complexity of climate science, the nature
and breadth of remedies from different branches of government that will be required effectively to mitigate the problem,
and the role of international governments. The constitutional challenges that could be triggered by climate change lend
themselves to adjudication. This is why judicial intervention has become an important strategic tool to catalyze action
on climate change in other jurisdictions, notably the US. In Massachusetts v. Environmental Protection Agency a
group of states and environmental public interest groups brought an action against the federal EPA for failing to take
action to combat climate change. The majority of the Court held that the EPA was legally required to exercise its
jurisdiction under the Clean Air Act to come to an opinion as to whether or not vehicular emissions posed a danger, and
were not free to shirk this obligation based on the rationale of scientific uncertainty. Constitutional litigation in India
could serve the same purpose - to catalyze action on climate change by the Indian government. This has been the
purpose of public interest litigation in India, to fill the void created by incompetent administration. Thus, despite the
potential hurdles discussed earlier, constitutional litigation could serve the purpose of forcing the government to think in
terms of the rights of its people that will be violated if climate change occurs, rather than thinking in terms of the right
of its people to add to the problem. Such a shift could possibly lead to the Indian government taking a more cooperative
approach in the current post Kyoto negotiations that would focus on both its responsibilities for mitigation and
adaptation strategies. The Indian Supreme Court’s directions may require the government to rethink its negotiating
positions, but it would be dangerous for the judiciary to attempt to play a role in the negotiation of a climate deal
because any such attempts to overreach would also affect the entire constitutional structure upon which the nation is
founded. The judicial response in the past few years towards the protection of environment has been substantial and
effective as per the requirement of the time. Judiciary has been vigilant and active in protecting environment through
constitutional and other laws. Environment is the most talked about subject in the present. Masses are made conscious
of their health and hygiene. Accordingly everybody expects to get clean air, clean water, and cleaner surroundings and
ecologically balance atmosphere. If this trend of judicial activism in the matters of environment protection continues on
the aforesaid lines, then as natural collorary a question arises in mind as to whether the judiciary or the courts shall be in
a position to cope up with the need of environment protection. The judiciary has its own limitations and cannot go
beyond a certain point. If this trend continues in this manner then the hope of the citizens to get clean air, water and
ecologically balanced environment shall be a matter in the state of abeyance.

Institutional Framework for Mitigation of Global Warming

The Stockholm Conference on Environment and Development exerted great influence on environmental policymaking
leading to an amendment of the Constitution, passage of important legislations such as the Water (Prevention
andControl of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act,1981 and creation of
institutions such as Central and State Pollution Control Boards for implementing the provisions of the Acts which aim at
reducing pollution there by combating global warming. Increase in Air pollution contributes to Global Warming and the
major sources of air pollution are industrial emissions from thermal power plants, cement plants, petroleum refineries
and chemical industries, automobile exhaust, house hold burning of fossil fuels and other carbonaceous matter and
natural sources like dust storms and forest fires etc. India has a very comprehensive framework of legal and institutional
mechanisms in the region to respond to the tremendous challenges to the environment it is facing, owing to population
growth, poverty and illiteracy augmented by urbanization and industrial development. Since the 1970s an extensive
network of environmental legislation has grown in the country. The MoEF and the pollution control boards i.e. CPCB
and SPCBs together form the regulatory and administrative core of the sector.19

TAJ TRAPEZIUM CASE M.C.Mehta Vs UOI & Ors. W.P.(C) No.13381/1984

This writ Petition was filed by Shri M.C.Mehta, Advocate as a public interest litigation regarding pollution caused to the
Taj Mahal in Agra. The sources of air pollution in Agra region were particularly iron foundries, ferro-alloys industries,
rubber processing, lime processing, engineering, chemical industries, brick kilns, refractory units and automobiles. The
Petitioner also alleged that distant sources of pollution were the Mathura Refinery and Ferozabad bangles and glass
industries. It was also stated that the sulphur dioxide emitted by the Mathura Refinery and the industries located in Agra
and Ferozabad when combined with moisture in the atmosphere forms sulphuric acid and causes "acid rain" which has a
corroding effect on the gleaming white marble. The industrial and refinery emissions from brick kilns, vehicular traffic
and generator sets were alleged primarily responsible for polluting the ambient air in and around Taj Trapezium Zone
(TTZ) as identified by the Central Pollution Control Board. The Petitioner also referred the "Report on Environmental
Impact of Mathura Refinery" (Varadharajan Committee) published by the Government of India in the year 1978.
Subsequently, the reports of the Central Pollution Control Board under the title "Inventory and Assessment of Pollution
Emission: In and Around Agra-Mathura Region (Abridged)" and the report of the National Environmental Engineering
Research Institute (NEERI) entitled "Over-View Report" regarding status of air pollution around the Taj published in
the year 1990 were also referred. On the directions of the Hon'ble Supreme Court, the NEERI and the Ministry of
Environment & Forests had undertaken an extensive study for re-defining the TTZ (Taj Trapezium Zone) and re-
alienating the area management environmental plan. The NEERI in its report had observed that the industries in the
TTZ (Districts of Agra Mathura, Ferozabad and Bharatpur) were the main sources of air pollution in the area and
suggested that the air polluting industries in the area be shifted outside the TTZ. The Hon'ble Supreme Court after
examining all the reports viz, four reports from NEERI, two reports from Varadarajan and several reports by the Central
Pollution Control Board and U.P.Board, on 31.12.1996 directed that the industries in the TTZ were the active
contributors to the air pollution in the said area. All the 292 industries were to approach/apply to the GAIL before
15.2.1997 for grant of industrial gas-connection. The industries which were not in a position to obtain gas-connections,
to approach UPSIDC/U.P.Government before 28.2.1997, for allotment of alternative plots in the industrial estates

19
“India’s Climate Change Policy: Critical Analysis on Eco-preparedness”, Civil Services Chronicle,
November 2012, p. 18
outside TTZ. Those industries, which neither applied for gas-connection nor for alternate industrial plots should stop
functioning using coke/coal as fuel in the TTZ w.e.f. 30.4.1997. The supply of coke/coal to these industries shall be
stopped forthwith. The GAIL should commence supply of gas to the industries by 30.6.1997, with these directions the
issue relating to 292 industries was disposed off. Now, none of the 292 industries is using coal/coke as fuel. As per the
information given by the Government of Uttar Pradesh to the Hon'ble Supreme Court, the present operational status of
those industries is as follows: Units closed : 187 Units based on electricity : 53 Units based on CNG/LPG/Electricity :
42 Units not using any fuel : 03 Units not found : 07

Constitution Of Mahajan Committee: The Mahajan Committee was constituted by the orders of the Hon'ble Supreme
Court dated 5.2.1996. The Mahajan Committee was consisted of Shri Krishan Mahajan, Advocate and two senior
scientists of the Central Pollution Control Board. The Hon'ble Supreme Court on 30.8.1996 directed the Mahajan
Committee to inspect the progress of the green belt developed around the Taj Mahal every three months and submit
progress report in the Court for the period of next three years. Earlier, on the basis of the report submitted by the NEERI
regarding development of green belt around Taj Mahal, the Hon'ble Supreme Court on 30.8.1996 and 3.12.1996
directed the Ministry of Environment & Forests, Government of India for monitoring and maintenance of the trees
planted in the green belt. The officials of the Central Pollution Control Board were also directed for inspection of the
Green Belt area in every three months. The Central Pollution Control Board had submitted so far 35 reports in
compliance of the Hon'ble Supreme Court orders. On the directions of the Hon'ble Supreme Court, dated 13.9.2000 the
Central Pollution Control Board inspected the Foundry Nagar Industrial area, Agra and the premises of the Taj and
submitted its report with its recommendations. The Hon'ble Court on 7.11.2000 while accepting the recommendations
of the Central Board directed that the four Ambient Air Quality Monitoring Stations be installed in Agra region and
these stations be run continuously for one year all the seven days in a week. These air quality monitoring stations are to
be run by the Central Pollution Control Board and monitoring report of these stations be submitted in the Court every
month. The Central Pollution Control Board submitted a detailed proposal for establishing four air quality monitoring
stations in Agra region before the Court. The Hon'ble court considered the proposal of the Central Board and accepted
the recommendations of the Mahajan Committee in the matter on 4.5.2001 and directed that the full cost towards the
hardware for monitoring stations and hardware for Central Laboratory would be provided by the Mission Management
Board (MMB) (functioning under the Ministry of Environment, Government of Uttar Pradesh and is located in
Lucknow) and with regard to the remaining amount of operational cost would be made available by the Central
Government to the Central Pollution Control Board within four weeks from the date of the order. The Central Board has
established four ambient air quality monitoring stations in Agra and these stations have been commissioned in the
month of January, 2002. Monitoring reports are being submitted to the Hon'ble Court on regular basis since February,
2002. Apart from the establishment and operation of four monitoring stations in Agra, the Hon'ble Supreme Court, is
monitoring several other important issues which were directly related to the pollution problems of Agra and TTZ area.
The following issues are under active consideration of the Hon'ble Supreme Court: 1. Industries located in Agra
including foundry units; 2. Compliance of direction of the Hon'ble Supreme Court by the Mission Management Board;
3. Traffic management & encroachment within the 500 metre zone of the Taj Mahal; 4. Slaughter house; 5. Agra
Heritage Fund; 6. Opening of Taj Mahal in the night; 7. Unauthorized construction within 100 metre from the southern
gate of the Taj Mahal; 8. Booking window at Taj Mahal for collection of Toll Tax; 9. Supply of gas to the industries
located in Firozabad; 10. Brick kilns located 20 km away from Taj Mahal or any other significant monument in the TTZ
area including Bharatpur Bird Sanctuary ; 11. Promotion of Non-Conventional Energy Source; and 12. Security of Taj
Mahal.

National Action Plan on Climate Change

At a global level, climate change management has taken the form of an International Convention, the UNFCCC, 1992.
The primary goals of the UNFCCC were to stabilize greenhouse gas emissions at levels that would prevent dangerous
anthropogenic interference with the global climate. The convention embraced the principle of common but
differentiated responsibilities which has guided the adoption of a regulatory structure. India signed the agreement in
June 1992, which was ratified in November1993. As per the convention the reduction/limitation requirements apply
only to developed countries. The only reporting obligation for developing countries relates to the construction of a GHG
inventory. India has initiated the preparation of its First National Communication (base year 1994) that includes an
inventory of GHG sources and sinks, potential vulnerability to climate change, adaptation measures and other steps
being taken in the country to address climate change.83Building on the framework of the UNFCCC, the Kyoto Protocol
broke new ground with its legally binding constraints on greenhouse gas emissions and its innovative ‘mechanisms’
aimed at cutting the cost of curbing emissions. India has undertaken numerous response measures that are contributing
to the objectives of the UNFCCC. India is a non‐Annex I country under the Kyoto Protocol and thus has no binding
target for emissions reduction. However, India is an active participant in the CDM established by the Protocol. Rather
than integrative binding legislation, India is developing a policy process to specifically address climate change. India
adopted NAPCC in 2008 outlining existing and future policies and programmes directed at climate change mitigation
and adaptation. On 4th October 2012, the Indian government approved India’s 12thFive‐Year Plan for 2012–2017,
drafted by the Planning Commission, which sets a target of 8.2% growth during that period. The Plan makes clear that
high growth requires supporting growth in energy and that the Indian government must take steps to reduce the energy
intensity of production processes and also to increase domestic energy supplies as quickly as possible. India’s emissions
are estimated to be of the order of 1331.6 million tons of the carbon dioxide equivalent GHG emissions in 2007. The
emissions indicate an annual growth of 4.2% from the levels in 1994. Whereas India’s CO2 emissions are only about
4% of total global CO2 emissions and much less if the historical concentrations are taken into account. Still India has
been conscious of the global challenge of Climate Change. In pursuance of the obligations cast on parties to the
UNFCCC, India has undertaken to communicate information about the implementation of the Convention, taking into
account the common but differentiated responsibilities and respective capabilities and their specific regional and
national development priorities, objectives and circumstances. The elements of information provided in the
communication include a national inventory of anthropogenic emissions by sources and removals by sinks of all GHGs,
a general description of steps taken to implement the Convention including an assessment of impacts and vulnerability
and any other relevant information. India has submitted the Second National Communication (NATCOM) to the
UNFCCC in 2012.The first National Communication was submitted in 2004. As per the Second national
Communication submitted by India to the UNFCCC, it is projected that the annual mean surface air temperature rise by
the end of the century ranges from 3.5 cto 4.3 c whereas the sea level along the Indian coast has been rising at the rate
ofabout 1.3 mm/year on an average. These climate change projections are likely to impact human health, agriculture,
water resources, natural ecosystems, and biodiversity. India’s strategy for addressing Climate Change is reflected in
many of itssocial and economic development programmes.84Thus, NAPCC incorporates its vision of sustainable
development and the stepsit must take to realize it. The Prime Minister, Dr. Manmohan Singh, set up a High Level
advisory group known as the Prime Minister’s Council on Climate Change which included Government Representatives
and Non-Government Members. The Council coordinated National Action Plans for assessment, adaptation and
mitigation of Climate Change. It also advised the Government on proactive measures that can be taken by India to deal
with the challenge of Climate Change. It also facilitated inter-ministerial coordination and guide policy in relevant
areas.85The NAPCC coordinated by the Ministry of Environment and Forests is being implemented through the nodal
Ministries in specific sectors/areas. On June 30, 2008, India’s first NAPCC outlining existing and future policies and
programs addressing climate mitigation and adaptation was released. The plan identifies eight core “national missions”
viz:

National solar mission

Its objective is to make solar energy competitive with fossil-based energy options. Launch an R & D programme
facilitating international co-operation to enable the creation of affordable, more convenient solar energy systems and
Promote innovations for sustained, long-term storage and use of solar power. A national solar mission will be launched
to significantly increase the share of solar energy in the total energy mix while recognizing the need to expand the scope
of other renewable and non-fossil options such as nuclear energy, wind energy and biomass. India is a tropical country,
where sunshine is available for longer hours per day and in great intensity. Solar energy, therefore, has great potential as
future energy source. It also has the advantage of permitting a decentralized distribution of energy, thereby empowering
people at the grassroots level. Photovoltaic cells are becoming cheaper with new technology. There are newer, reflector-
based technologies that could enable setting up megawatt scale solar power plants across the country. Another aspect of
the solar mission would be to launch a major R & D programme, which could draw upon international cooperation as
well, to enable the creation of more affordable, more convenient solar power systems, and to promote innovations that
enable the storage of solar power for sustained, long-term use.86

National Mission for Enhanced Energy Efficiency

The National Mission for Enhanced Energy Efficiency is one of the eight missions under the National Action Plan on
Climate Change. The objective of the Mission is to achieve growth with ecological sustainability by devising cost
effective strategies for end- use demand side management. The MoP and BEE have been entrusted with the task of
preparing the implementation plan for the National Mission for Enhanced Energy Efficiency (NMEEE) and to upscale
the efforts to create and sustain market for energy efficiency to unlock investment of around Rs. 74,000Crores. The
Mission, by 2014-15, is likely to achieve about 23 million tons oil equivalent of fuel savings- in coal, gas, and
petroleum products, along with an expected avoided capacity addition of over 19,000 MW. The carbon dioxide
emission reduction is estimated to be 98.55 million tons annually. Market Transformation for Energy Efficiency
(MTEE) to accelerate the shift to energy efficient appliances in designated sectors through innovative measures to make
the products more affordable with focus on leveraging international financial instruments, including CDM to make
energy efficient appliances affordable and increase their levels of penetration. Since the public sector holds the key to
aggregation of CDM projects so as to reduce transaction costs, barriers to widespread adoption of CDM need to be
removed.

National mission on sustainable habitat

A national mission on sustainable habitat will be launched to make habitat sustainable through improvements in energy
efficiency in buildings, management of solid waste and modal shift to public transport. The mission will promote energy
efficiency as an integral component of urban planning and urban renewal through three initiatives. The energy
conservation building code, which addresses the design of new and large commercial buildings to optimize their energy
demand, will be extended in its application and incentives provided for retooling existing building stock. Recycling of
material and urban waste management will be a major component of ecologically sustainable economic development.
India already has as significantly higher rate of recycling of waste compared to developed countries. As pecial area of
focus will be the development of technology for producing power from waste. The national mission will include a major
R & D programme, focusing on biochemical conversion, waste water use, sewage utilization and recycling options
wherever possible. Better urban planning and modal shift to public transport, making long term transport plans will
facilitate the growth of medium and small cities in ways that ensure efficient and convenient public transport. In
addition, the mission will address the need to adapt to future climate change by improving the resilience of
infrastructure, community based disaster management, and measures for improving the warning system for extreme
weather events. Capacity building would be an important component of this mission.89
National Water Mission

A national water mission will be mounted to ensure integrated water resource management helping to conserve water,
minimize wastage and ensure more equitable distribution both across and within states. The mission will take into
account the provisions of the national water policy and develop a framework to optimize water use by increasing water
use efficiency by 20% through regulatory mechanisms with differential entitlements and pricing. It will seek to ensure
that a considerable share of the water needs of urban areas are met through recycling of waste water, and ensuring that
the water requirements of coastal cities with inadequate alternative sources of water are met through adoption of new
and appropriate technologies such as low temperature desalination technologies that allow for the use of ocean water.
The national water policy would be revisited in consultation with states to ensure basin level management strategies to
deal with variability in rainfall and river flows due to climate change. This will include enhanced storage both above
and below ground, rainwater harvesting, coupled with equitable and efficient managementstructures.90The mission will
seek to develop new regulatory structures, combined with appropriate entitlements and pricing. It will seek to optimize
the efficiency of existing irrigation systems, including rehabilitation of systems that have been run down and also
expand irrigation, where feasible, with a special effort to increase storage capacity. Incentive structures will be designed
to promote water-neutral or water positive technologies, recharging of underground water sources and adoption of large
scale irrigation programmes which rely on sprinklers, drip irrigation and ridge and furrow irrigation.

National Mission for Sustaining the Himalayan Ecosystem

A mission for sustaining the Himalayan ecosystem will be launched to evolve management measures for sustaining and
safeguarding the Himalayan glacier and mountain eco-system. Himalayas, being the source of key perennial rivers, the
mission would, inter-alia, seek to understand, whether and the extent to which, the Himalayan glaciers are in recession
and how the problem could be addressed. This will require the joint effort of climatologists, glaciologists and other
experts. We will need to exchange information with the south Asian countries and countries sharing the Himalayan
ecology. An observational and monitoring network for the Himalayan environment will also be established to assess
freshwater resources and health of the ecosystem. Cooperation with neighboring countries will be sought to make the
network comprehensive in its coverage. The Himalayan ecosystem has 51 million people who practice hill agriculture
and whose vulnerability is expected to increase on account of climate change. Community-based management of these
ecosystems will be promoted with incentives to community organizations and panchayats for protection and
enhancement of forested lands. In mountainous regions, the aim will be to maintain two-thirds of the area under forest
covers in order to prevent erosion and land degradation and ensure the stability of the fragile eco-system.91

National Mission for a Green India

A national mission will be launched to enhance ecosystem services including carbon sinks to be called green India.
Forests play an indispensable role in the preservation of ecological balance and maintenance of bio-diversity. Forests
also constitute one of the most effective carbon-sinks. The prime minister has already announced a green India
campaign for the afforestation of 6 million hectares. The national target of area under forest and tree cover is 33% while
the current area under forests is 23%. The mission on green India will be taken up on degraded forest land through
direct action by communities, organized through joint forest management committees and guided by the departments of
forest in state governments. An initial corpus of over Rs 6000 crore has been earmarked for the programme through the
compensatory afforestation management and planning authority (Campa) to commence work. The programme will be
scaled up to cover all remaining degraded forest land. The institutional arrangement provides for using the corpus to
leverage more funds to scale upactivity.93

National Mission for Sustainable Agriculture

The mission would devise strategies to make Indian agriculture more resilient to climate change. It would identify and
develop new varieties of crops and especially thermal resistant crops and alternative cropping patterns, capable of
withstanding extremes of weather, long dry spells, flooding, and variable moisture availability. Agriculture will need to
be progressively adapted to projected climate change and our agricultural research systems must be oriented to monitor
and evaluate climate change and recommend changes in agricultural practices accordingly. This will be supported by
the convergence and integration of traditional knowledge and practice systems, information technology, geospatial
technologies and biotechnology. New credit and insurance mechanisms will be devised to facilitate adoption of desired
practices. Focus would be on improving productivity of rained agriculture. India will spearhead efforts at the
international level to work towards an ecologically sustainable green revolution.94

National Mission on Strategic Knowledge for Climate Change

Its objective is to Work with the global community in research and technology development by collaboration through
different mechanisms. The mission also has its own research agenda supported by climate change related institutions
and a climate research fund. Encourage initiatives from the private sector for developing innovative technologies for
mitigation and adaptation. 95 To enlist the global community in research and technology development and collaboration
through mechanisms including open source platforms, a strategic knowledge mission will be set up to identify the
challenges of, and the responses to, climate change. It would ensure funding of high quality and focused research into
various aspects of climate change. The mission will also have, on its research agenda, socio-economic impacts of
climate change including impact on health, demography, migration patterns and livelihoods of coastal communities. It
would also support the establishment of dedicated climate change related academic units in universities and other
academic and scientific research institutions in the country which would be networked. A climate science research fund
would be created under the mission to support research. Private sector initiatives for development of innovative
technologies for adaptation and mitigation would be encouraged through venture capital funds. Research to support
policy and implementation would be undertaken through identified centers. The mission will also focus on
dissemination of new knowledge based on research findings. These eight national missions, taken together, with
enhancements in current and ongoing programmes included in the technical document, would not only assist the country
to adapt to climate change, but also, importantly, launch the economy on a path that would progressively and
substantially result in mitigation through avoidedemissions.96Ministries with lead responsibility for each of the
missions are directed to develop objectives, implementation strategies, timelines, and monitoring and evaluation criteria,
to be submitted to the Prime Minister’s Council on Climate Change. The Council will also be responsible for
periodically reviewing and reporting on each mission’s progress. To be able to quantify progress, appropriate indicators
and methodologies will be developed to assess both avoided emissions and adaptationbenefits.97The Government is
implementing the NAPCC with a view to enhance the ecological sustainability of India’s development path and address
Climate Change. The Government regularly reviews the progress under the NAPCC, based on the information provided
by the concerned nodal Ministry. The Government has also constituted an Executive Committee on Climate Change in
January, 2013, under the chairmanship of Principal Secretary to Prime Minister to assist the Prime Minister’s Council
on Climate Change in evolving a coordinated response to issues relating to Climate Change at the national level and to
monitor the implementation of the eight National Missions and other initiatives under the NAPCC.98All national
missions have been approved by the Prime Minister’s Council on Climate Change and are at different stages of
implementation. Thus, these national missions will be institutionalized by respective ministries and will be organized
through inter-sectorial groups which include in addition to related ministries, ministry of finance and the planning
commission, experts from industry, academia and civil society. The institutional structure would vary depending on the
task to be addressed by the mission and will include providing the opportunity to compete on the best management
model. Each mission will be tasked to evolve specific objectives spanning there maiming years of the 11th plan and the
12th plan period 2012-13 to 2016-17. Wherethe resource requirements of the mission call for an enhancement of the
allocation in the 11th plan, this will be suitably considered, keeping in mind the overall resources position and the scope
for reprioritization.

Paris climate deal: key points at a glance

Keeping temperature rises below 1.5C

Governments have agreed to “pursue efforts” to limit warming to 1.5C above pre-industrial levels: something that
would have seemed unthinkable just a few months ago. Grand promises of Paris climate deal undermined by squalid
retrenchmentsm There are a scientific rationale for the number. John Schellnhuber, a scientist who advises Germany and
the Vatican, says 1.5C marks the point where there is a real danger of serious “tipping points” in the world’s climate.
The goal of 1.5C is a big leap below the 2C that nearly 200 countries agreed as a limit six years ago in Copenhagen. But
bear in mind we’ve already hit 1C, and recent data shows no sign of a major fall in the global emissions driving the
warming. As many of the green groups here in Paris note, the 1.5C aspiration is meaningless if there aren’t measures for
hitting it

Pledges to curb emissions

Before the conference started, more than 180 countries had submitted pledges to cut or curb their carbon emissions
(intended nationally defined contributions, or INDCs, in the UN jargon). These are not sufficient to prevent global
temperatures from rising beyond 2C – in fact it is thought they will lead to a 2.7C rise or higher. The INDCs are
recognised under the agreement, but are not legally binding.

Long-term global goal for net zero emissions

Countries have promised to try to bring global emissions down from peak levels as soon as possible. More significantly,
they pledged “to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse
gases in the second half of this century”. Experts say, in plain English, that means getting to “net zero emissions”
between 2050 and 2100. The UN’s climate science panel says net zero emissions must happen by 2070 to avoid
dangerous warming. Jennifer Morgan of the World Resources Institute said the long-term goal was “transformational”
and “sends signals into the heart of the markets”.

Flaws in the implementation of Environmental Laws and Suggestions:

1. Environment Offences not taken Care off: Environmental Offences are not taken seriously and rather taken in let go
manner .People while committing environmental crimes don’t even know that they are committing crime .There is need
of spreading proper awareness regarding environmental laws .Some people who though are aware of these laws these
laws, don’t take it seriously because state doesn’t takes serious action against regarding environmental offences. There
should be strict implementation of these laws so that those offences should not be committed again.

2. Burden of Proof: It is provided in the Environmental Laws that persons polluting the environment would be liable for
penal action. Like other criminal offences the accused in environmental cases is presumed to be innocent until charges
against him is not proved beyond doubt, the onus of proving the case is always on the prosecution. How can an ordinary
citizen be able to prosecute and prove case beyond doubt, taking into account the complex nature of environmental
laws? Even higher judiciary has expressed its difficulty in dealing with complex Enviro-techno Science issues. In
Andhra Pradesh Pollution Control Board v. M.V. Naydu SC said: “the judicial system is increasingly unable to manage
and adjudicate Science and Technology issues.”
The Supreme Court of India relying upon a report of International Law Commission has
observed that:

“the precautionary principle suggest that where there is an identifiable risk of serious and irreversible harm, including
,for example ,extinction of species , wide spread toxic pollution ,major threats to ecological processes ,it may be
appropriate to place the burden of proof on the or entity posing the activity that is potentially harmful to the
environment”. The court further said that the “precautionary principle has been accepted as part of the law of the land.”

“Hence in the light of above opinion of the Supreme Court, The Environment Legislations viz., the Water Act, the Air
Act and the Environment Protection Act has to be amended with regard to burden of proof in such a manner that onus of
proof is on the person breaking the law or committing Environmental Offence .This will encourage citizens to approach
courts against the polluters of the environment”.

3. Delay in Decision making: Our Judicial System suffers great demerit of delay in decision making process. It years
and years to solve cases because of this. This should be taken into account while handling environmental cases ,that
damage caused to environment is irreplaceable and a resource once lost once lost cannot be taken back .Keeping this
thing in mind environmental cases should be solved in a speedy manner.

4. One Single Code to deal with all Environmental Problems: Environmental law is relatively new and emerging branch
of Jurisprudence in India. But in 90’s India witnessed a rapid development in Environmental Jurisprudence. Though it is
estimated that there are more than 200 legislations in India dealing directly or indirectly with environmental problems
but the situation remains then and there, and rather worsening day by day. The reason may be many but one among
them is ignorance of law in particular .The abundance of environmental legislation also

Contributes to the ignorance .Getting access to information is challenging one. The Ministry of forest and environment
has made a large number of rule and notification for the protection of environment .These rules and notification are
amended time and again. It makes very difficult for the persons concerned with governing, protecting and implementing
these laws in keeping track of the changes that are taking place in the laws.

“If there is one single code dealing with all the aspect of the problems of the environment: pollution as well as
conservation, which substitutes all these legislation, rules and notifications, it would be very good beginning for
Environmental Protection in this country.” But it should be taken in to care of, that proper funds may be available for
proper functioning of the new policy at right time so that it may not fail this time.

5.One Separate Forum dealing with Environmental Laws: Though judiciary had tried to play a role of trailblazer in
transfiguring the dormant and quiescent environmental administration into effective and efficient one .But as mentioned
above the judiciary faces many difficulties in solving cases environ-legal issues, so in order to solve all the issues
related environment there should be a separate forum which may encompass in it all the issues related to environment
.Courts should be easily accessible, well equipped with scientific knowledge ,well aware of the environmental
jurisprudence and efficient enough to punish the polluters in away that in future not even an attempt to pollute or
degrade the environment be made.

Everybody should have right to wholesome environment .How this right can be transformed to veracity without a proper
accessible forum It is therefore very humbly suggested that Environmental Courts be established in every district
consisting of judicial members assisted by statutory panel of environment experts attached to these courts and proper
funds be available for proper functioning of these courts.

6.Incentives for controlling pollution: Economists all over the world suggest that instead of ‘command and control’
approach ,the government should adopt ‘carrot and stick’ to ensure better compliance of environmental law by
industries The polluters do not earn any profit from polluting, but controlling of pollution would cost them much and
they will not get any incentive for controlling pollution so why should they spend on controlling pollution when others
are earning high profit by violating these laws .Therefore government instead of relying whole on the command and
control regime, it should create lot of economic incentives . There are many new ideas emerging for prevention of
pollution. The government should with open mind try to learn alternative approaches. It should invite suggestions from
people and try to implement the suggestions of good quality which can improve the prevailing condition and also spread
awareness in order to sensitize people towards the environment.20

Conclusion:

Thus we can say that though we have rich tradition and culture of living in peace and harmony with nature but with
industrialization we have become indifferent towards nature. Previously there were no laws for conservation of
environment in our country other than some indirect laws, as the people of our country loved and respected their fellow
organisms. But in the changed scenario as development and pollution went hand in hand ,man started using the natural
resources so lavishly ,therefore it became very necessary to preserve these resources otherwise there would be no
resources left for the future generations to come. Keeping this in mind laws were made for the conservation of
environment, which were not so active till mid 80s but later as our government became more vigilant towards this issue,
so it started incorporating new laws, rules and regulations and to save the environment .At present there are more than
200 legislations which are directly or indirectly related to environment. But with the increase in legislations the
environment kept on degrading.

20
Arvind Jasrotia, “Environmental protection and sustainable development: exploring the dynamics of
ethics and law”, vol. 49, Jan-March 2007, No.1, p. 46
There were large number of legislation but they were not implemented properly as they had some inherent defect in it
which were hindering in proper implementation of these laws and dismal performance of enforcement agencies further
extended this problem. Still there were some issues which were untouched in previous legislations. In order preserve our
environment, judiciary and legislature should find these defects in order to implement these laws properly and rather
than so many legislations, they should sit and make one “common code” which should encompass in it all the issues
dealing with environment.

And also there should be “one single forum” which should deal with all the problems dealing with the environment and
these courts should be easily accessible, well equipped with scientific knowledge ,well aware of environmental
Jurisprudence and efficient enough to punish polluters in a way that in future not even an attempt, contaminate or
degrade the environment be made. It therefore very humbly suggested that there should be one common code developed
and environmental courts should be established in every constituency consisting of judicial members assisted by
statutory panel of environmental experts attached to these courts. This forum should also welcome new ideas
suggestions which could help government in saving our natural resources.