Banaras Hindu University

Faculty of Law

Academic Year 2020 -21

Topic for Assignment : The Role of Law for protecting environment

Submitted by Submitted to

Gurwinder Singh Sir

Name : Ritesh Kumar Choudhary
Class : LLB (Hons.)
Section : C
Semester : III
Exam Roll No : 19225LLB207
Subject and Code: Enviournmental Law [LBH225]
 INDEX

SL NO. CONTENT PN

1. Acknowledgement 1

2. Relevant Case Law 2

3. Environmental law: Brief Introduction 3

4. The role of Law for Protecting Environment 3

a. Role of CrPC,IPC 5

5. Landmark Judgement 8

6. Constitutional Provision for Enviournmental Protection 9

7. Constitutional Aspect for Protection of Enviournment 12

8. Legistative Power and matter for Enviournmental Protection 13

9. DPSP in matter of Enviournmental Protection 15

10. Fundamental Duty for Enviournmental Protection 16

11 . Conclusion 20

12 . Bibalography 21
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Acknowledgement
According to regulation for examination in Law School,BHU ,directed by
Controller of Examination there are two parts of examination . One is Semester
Examination carrying 70 marks, another is assessment based semester exam(
Mid-sem test + Presentation) carrying 30 marks.
Due to COVID-19 Padamic period our classes are going on through online
mode. Due to late secission and technical process in online class ,it is not
possible to carry on assessment based semester exam because it is time taking
process. So our University considered over it and concluded that each- student
has to prepare and submit online to evaluate their performance in mid-
semester exam.
Assignment is such a tool-technique which help us in developing our writing
skill and present our performance .
Lastly, I thank to our enviournmental law class teacher Gurwinder Singh Sir
who assigned us such a good and interesting topic for assignment.
I also thank to my Parent,my CJM maternal uncle who motivated me for
writing assignment by which I could complete my assignment on time.

Thanking You
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Table of Cases
I. Govind Singh v. Shanti Sarup (1978)
II. Krishna Gopal v. The State of M.P (2016)
III. Suhelkhan Khudayar Khan v. State of Maharashtra (2003)
IV. P.C. Cherian v. State of Kerala (1981)
V. Ramachandra Malojirao Bhonsle v. Rasikbh Govardhanbhai Raiyani
(2000)
VI. Shaukat Hussain and Anr. v. Sheodayal Saksaina (1957)
VII. Ram Autar v. State of Uttar Pradesh (1962)
VIII. Vellore Citizens’ Welfare Forum v. Union of India
IX. Hamid Khan v. State of Madhya Pradesh
X. Kinkeri Devi v. State
XI. L.K Koolwal v. State of Rajasthan and Ors,

XII. Goa Foundation v. the State of Goa

XIII. Sitaram Champaran V. State of Bihar

XIV. Kamalnath Case

XV. MC Mehta vs Union of India(Olium Gas Lekage Case)

XVI. UCC vs Union of India( Bhopal Mass disaster case)

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The role of Law for Protecting Environment:

Before starting our topic what was role for protecting environment we have to
look into a brief discussion what is environmental law.
• What is environment?
Environment literally means, surrounding in which we are living. It includes all
the thing directly or indirectly dependent for our survival. So Land, soil, plant,
animal, water and atmosphere comes within environment. It means, these are
the components of the environment.
Environmental Studies: The study of scientific, social, legal aspect comes within
the ambit of environmental studies. In the present context we have to study
legal perspective of environmental study because we are law student and we
have to study legal paper only.
Scope of Environmental study in law = In law the scope of environmental study
to analyse all the consequence which favours of who opposes in development
of environmental law , to make rule and regulation regarding protection of law
so that environment may be protected. In our syllabus of llb, we have to study
only Environmental Protection Law, Water Prevention and Control Act, Air
Prevention and control Act and Noise Pollution act. Now , we are able to start
our topic of assignment.

▪ The role of Law for Protecting Environment:

Law plays a significant role for protesting of environment as it contains so

many provision regarding environmental law. As we know environment is
serious matter for livelihood so it comes within the ambit of criminal matter
and contains Penal in nature. IPC, CrPC, Our Constitution have provision for
environmental protection. Before discussing these provisions, we have to point
out historical development in environmental law in India.
• Historical Development of Policies and law of Environmental Law in
India:
It is not result of single day. It is result of a long period.
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Development in Ancient India: If we look upon Shruti, Smriti, Commentary and

Digest we find that in many Sages our ancestor gave importance of
environment. There are many festivals, yagna, ceremony we found in different
sages which gave much important for development of environment. It proves
that they were understood the importance of environment and also tried to
protect them.
Development in Medieval Period = This era was declining era of environment
No King tried for development for protection of Forest, River etc. They only
consumed the environment, nothing did. As they were always busy in war. In
Medieval era it was only Emperor Akbar who tried for protection of
environment.
Development of Modern Era = In modern era British tried to enact some laws
like-
1 . Shore Nuisance Act 1853
2 . Merchant Shipping Act 1858
3 . The Fisheries Act 1897
4 . Wild Bird and Animal Acy 1912

There are many rule like this which were enacted. The purpose was not to
protect rule. But for their own benefit and for restrict the activity of Indian
People.
Thus, we see that in present to modern era law did not played a single role for
protecting the environment.

Role in Post Modern Era

It was only after independence when we were worked for development of

environmental law and made provision regarding this. If we look upon it’s
development history in post modern era, we find that it was only Stockholm
Declaration in 1972 when work of environmental law started. In Stockholm
declaration in 1972 ‘’ Declaration on the Human Environment ‘’ was adopted.
It means it was declared that all country would be expected to enact law
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regarding environmental protection. Thus, we can say that the Stockholm

declaration was first movement for protection of environment.
As a consequence of this declaration there were so many provision started in
CrPC,I PC and Constitutional Law.

IPC = Environmental pollution is a type of public nuisance. Section 268 of the

Indian Penal Code, 1960 defines the term public nuisance as an act or
omission of some act which results in annoyance or common injury to the
public. In simple words, it is an act which neglects the common good of the
public and harms or annoys them by causing such an act, whereas private
nuisance is an act which only harms few individuals rather than the public at
large. Section 290 of the Indian Penal Code, 1960 deals with the punishment
for public nuisance.

CrPC =
Chapter X of the CrPC, “Maintenance of public order and
tranquillity” provides efficacious, preventive, and expeditious remedies for
public nuisance cases which include air, noise, water pollution, and
unsanitary conditions. It contains the procedure for the enforcement. The
entire corpus of 13 sections of CrPC under Chapter X i.e. from Section 133 to
144A is devoted to mitigating public nuisance.

o Provision for Public nuisance under Chapter X

As discussed in the earlier part, the provisions under chapter X of CrPC provide
speedy and effective remedies against public nuisance among which
environmental pollution is one.

Section 133 deals with the conditional order for removal of the nuisance, it
empowers a District Magistrate and Sub-Divisional Magistrate to stop the
nuisance on receiving such information.

Section 134 deals with the service of summons or notification of order. It can
only resort when order is not served in the manner provided.
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Section 135 deals with the person against whom the order is addressed to
obey or show cause. Under this section, two contingencies are envisaged that:

1. Perform in a specified manner in the order within the time period, or

2. Appear and show cause in accordance with the order.

It also provides that the person against whom the order is made should be
given a reasonable opportunity to be heard and answer the allegations made
against him.

Section 136 deals with the penalty if the person against whom the order is
made failed to comply with Section 135 of CrPC. The penalty is prescribed
under Section 188 of the Indian Penal Code, 1860.

Section 137 deals with the procedure where the existence of public rights is
denied. It also applies to those cases only where there is no decision about the
existence of right by any competent civil court and strong evidence in support
of that against any magistrate.

These are some of the provisions under Chapter X of CrPC, the main and the
utmost important provisions are under Section 133, which is discussed further
in detail.

Case : Govind Singh v. Shanti Sarup (1978),

the word nuisance was defined in very liberal terms and it includes the
disposal of substances, the construction of structures, the conduct of
occupation, and trade, and confinement or disposal of any dangerous animal.

If the imperative tone of this section is read with the punitive tone of Section
188 of IPC (provides punishment for a maximum of six months and a fine
extendable up to one thousand rupees) it makes the prohibited act a
mandatory rule.

case : Krishna Gopal v. The State of M.P (2016).

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To invoke this section, it is not required to have a large number of complaints

or protest against the nuisance. It can be invoked on simply receiving a report
of a public officer or other information that is deemed to be fit as a piece of
evidence

In this case, a complaint was registered against a glucose factory which was
causing air pollution due to the discharge of steam in the air resulting in fly
ash and noise pollution. This all cumulatively caused discomfort to the
residents of that locality.

Case : Suhelkhan Khudayar Khan v. State of Maharashtra (2003),

these followings conditions have to be satisfied for providing a sanction under

this section:

1. There should be a public nuisance i.e. the number of persons

injuriously affected is so considerable (there should be danger or
inconvenience or it is about to be caused).
2. It should not be a private dispute between the different members of
the public and if it is then the adequate forum is the civil court.
3. It should be the case of imminent danger to the public interest.

Case : P.C. Cherian v. State of Kerala (1981).

The nature and the scope of this section is explained by the judges in the case
of .

In this case, the Sub-Divisional Magistrate of Kottayam directed the stoppage

of mixing of carbon in two rubber industries which were situated in the
industrial area. As there was no dissemination prevention equipment. The High
Court sentenced that the dissemination of carbon black in the environment is
causing a public nuisance and also affecting the respiratory organs of the
people.
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• Landmark Judgments

Case : Ramachandra Malojirao Bhonsle v. Rasikbh Govardhanbhai Raiyani (2000)

in this case the petitioner who purchased the ground floor flat in a
building before the installation of motor filed a complaint of use of
electric motor by other flat members as it was causing a nuisance to
him. The matter was reported to a Sub-divisional magistrate who
directed to shift the motor from below the flat to within the premises
so that it causes no pollution. The judgment was challenged on the
basis of jurisdiction under Sec 133 as it can be used in respect of
public nuisance, not a private nuisance. The Gujarat High Court
observed that the magistrate should have to keep in mind that if the
nuisance is not created at a public place no direction can be given
under Section 133.

Case : Shaukat Hussain and Anr. v. Sheodayal Saksaina (1957)

in this case an application was filed alleging that the small particles
of cotton are blown in the air by a cotton carding machine of five
horsepower situated in the town of Rewa. It was causing breathing
problems to the people and the machine was also producing noise
and disturbance to public peace. It was observed that Section 133 of
CrPC provides an efficacious, and expeditious remedy in case of
urgency where the danger to public health and interest is
considered. Paragraph 3 of Section 133 runs as follows: “That the
conduct of any trade or occupation, or the keeping of any goods or
merchandise, is injurious to the health or physical comfort of the
community, and that in consequence such trade or occupation should
be prohibited or regulated or such goods or merchandise should be
removed or the keeping thereof regulated.” The term
“community” means that the public at large or all the residents of
that locality.
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Case : Ram Autar v. State of Uttar Pradesh (1962)

in this case the Supreme Court interpreted Section 133 of CrPC. The
three appellants who sold vegetables, parked their vegetable carts in
front of residential houses. This caused inconvenience and obstruction
to the users of the roads. The High Court passed the order that the
business of vegetable auctioning cannot be carried without causing
inconvenience to the people, it can be prohibited even though it is
conducted in a private place and the order of the magistrate is valid.
But the Supreme Court with three bench judges: Justice Das, Justice
Kapur, and Justice Dayal stated that: “It appears to us that the
conduct of the trade of this nature and indeed of other trades in
localities of a city where such trades are usually carried on is bound
to produce some discomfort though at the same time resulting
perhaps in the good of the community in other respects. In making
the provisions of section 133 of the Code of Criminal Procedure, the
legislature cannot have intended the stoppage of such trades in such
part of town, merely because of the discomfort caused by the noise
in carrying on the trade.”

• Constitutional Provision for Enviornmental

Protection
There are various constitutional provisions which give power and rights to
citizens for the protection of environment such as: –

Article 48A– it comes under the Directive Principle of State Policy. It says
that “the State shall endeavour to protect and improve the environment and
to safeguard the forests and wildlife of the country”. This article imposed
duty on State to protect the environment from pollution by adopting various
measures.

Article 51A(g)- It states that “It shall be the duty of every citizen of India
to protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures” . This article
is similar to Article 48A, only difference is it is the fundamental duty of
citizens whereas Article 48A is the duty of the State to protect environment.
This article says that we get a pollution-free environment from nature so it is
our duty to not only protect the environment from pollution but also improve
its quality. In M.C. Mehta vs. Union of India, Supreme court stated under
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Article 51A(g) to provide compulsory teaching lessons for one hour in a week
on environment in all educational institutions.

Article 253– This article give power to Parliament to create law for the
country or any part of the territory for implementing any conventions, treaty,
and agreement with other countries. By this article Parliament enacted
various laws for the protection of environment like Wildlife Act 1972, Water
Act 1974, Air Act 1981, the Environmental Protection Act 1984.

Article 246– This Article divides the subjects of legislation between Union
and State. It also provides Concurrent list in which both State and Union
make laws by sharing jurisdiction which includes forests, protection of
wildlife, mines and minerals development. So, both State and Union have
power to make laws for protecting the environment. It also provides extra
power to Parliament to make laws in State list for the national interest and
by this Water Act of 1974 enacted by the parliament.

Article 47– imposed duty on the State to improve the standard of living of
citizens by providing health facilities, sanitation, proper nutrition and protect
the environment to live safely. And it also wants from citizens to be more
conscious of the environment.

Article 21– It states that “No person shall be deprived of his life or personal
liberty except according to the procedure established by law.” This Article
interpreted in various cases by judiciary for protection of the environment. In
Maneka Gandhi v. Union of India, Supreme court stated that the right to life
not only for animals but it also provides the right to humans to live in a safe
environment with basic human dignities. Because of the environment is not
safe then it effects on our life directly. In M.C. Mehta vs. Union of India,
Supreme court stated that the right to live includes living in a pollution-free
environment. And it is also free from diseases.

Article 19(1)(g)- It states that it is the fundamental right of citizens to

practise any profession or to carry any occupation, trade, business in any
part of the country with some reasonable restrictions. In Cooverjee B.
Bharucha V. Excise commissioner, Supreme court provide upper hand to
environment protection in comparison to freedom of trade. So, the citizen
cannot practice such trade or business activities if it is hazardous to health of
public.

Article 32 & 226– These articles provide right to citizen to approach to

Supreme or High Court whenever there is violation of fundamental right by
PIL (Public Interest Litigation). By these various cases filed for the protection
of the environment through PIL such as M.C. Mehta vs. Union of India, Rural
Litigation and Entitlement Kendra v. the State of UP, in which court stated to
preserve the environment and maintain ecological balance is not only the
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duty of government but it is also the responsibility of citizens of India

according to Article 51A(g).

Summerly, we can say that legal system plays an important role for
development for law regarding enviournmental protection. On looking
Historical background regarding enviournment ,nothing was done for
protection of enviournmental . consequently, we suffered a heavy degradation
of enviournment specially after Industrial Revolution . After important even
our constitution did not say anything regarding this because they were
engaging for developing our Agriculture and industrical sector . It was
Stockholm confrance after which work on enviournmental protection started
and due to Article 253 many provision like – Article 14 , Article 19(1)(g) ,Article
21, Article 48(A) , Article 51 (A) was added which talks about different
Right,Duty and Liability of state as well as Citizen . Also different laws were
enacted for protection of enviournment like –

1 . Enviournmental Protection Act 1986

2 . The Water Prevension and Control Act 1974

3 . The Air Prevention and Control of Pollution Act 1981

4 . The Forest Conservation Act 1980 etc.

One thing More we must briefly focus on what is role of Judiciary in protecting
of Enviournment?

We never forget that judiciary plays an important role in development of

enviournmental law. The Cases discussed above clearly shows that Judiciary
Plays an important role whenever any enviournmental dispute arises or any
disaster comes like Bhopal Gas Tragidi, Kama;lnath Case and Delhi Shriram
Olium Gas Leakage case. One thing is most important that it was’’ MC Mehta’’
who is most important jusist who played unforgattable role regarding the
protection . Due to his contrubation we can say him ’’FATHER OF
ENVIOURNMENTAL JURISPRUDENCE’’ .
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o CONSTITUTIONAL ASAPECT FOR PROTECTION OF

ENVIOURNMENT

▪ The preamble of the constitution and environment protection

The Preamble of Indian Constitution begins by stating that people of India

solemnly resolve to constitute India into a socialist country. This
indicates that our Constitution affords us with the socialist pattern of society.
Thus, aiming at dealing with and solving social problems first, rather than
concentrating on individual problems. Here, what is in the interest of the public
is of utmost importance.

Presence of pollutants in the atmosphere in excess of the prescribed limit is

one of the major social issues to be given due regard. It is not only exploiting
the health of living beings but is also degrading the quality of the environment
in each day.

The basic aim of Preamble is socialism and it is the responsibility of the state
to fulfil this by taking stringent measures to make the environment free from
all forms of pollution. The obligation of the state further includes providing not
only a pollution free environment but also a decent standard of living to all
living beings.

All the citizens of India intend to secure freedom which also includes securing
justice. Justice can be interpreted and sought in many forms. Thus, citizens
have a right to environmental justice. Increasing degradation of the
environment is posing a great threat to the lives of living beings and hence,
protecting the environment is becoming a crucial in each day of life because
ignoring it would pose a serious threat to the environment at large.

The state has the duty to comply with all the provisions and since India is
declared to be the Democratic Republic, the citizens of this country hold a
very essential right to have looked upon the conduct of the state and provisions
being taken by the government from time to time to restore the environment.
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❖ Legislative powers and matters of environmental protection

Under the Indian Constitution, there are three types of lists, namely- Union,
state and concurrent.

Powers of the government are shared at the state and union level. Central
government deals with the matters of union list, where state government
deals with the matters of state list. Thus, the exclusive power to legislate the
matters of union list, which is the list I, is with the Parliament. State
list which is the list II covers matters like, sanitation, the health of the public,
drainage, supply of clean water etc. It covers matters relating to defence,
military, atomic energy, regulation of oil fields, air traffic etc.

Power of dealing with the matters of the concurrent list (list III) is shared
between both the state and central government. It covers matters like
protection of forests, wildlife, conserving mines, population control etc. But in
the instance of conflict, the decision of the central government prevails.

The legislative and administrative relations between the central and the state
government are specifically dealt in with the part XI of the Constitution. The
power to make rules for the whole country is with the Parliament of the
country, while for that of the state lies with the state government of every
state.

In an instance of passing state laws subsequent to the central laws, for it to

prevail, requires a Presidential assent first as in accordance with Article 254.

In the situation of national emergency, Parliament has the power to legislate

the state subjects also. The division of these legislative powers is essential to
make provisions which can deal with environmental problems.

There are various projects taken up by the state to develop the environment
but they might pose a serious threat to the environment. In such
circumstances there is always a conflict between development and
environment protection and such matters are dealt through the Environment
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Impact Assessment (EIA). This has also been recognized by the planning
commission.

o International Environmental Agreements

A plethora of international agreements dealing with environmental protection

have been made and India has been a signatory to it. Because at
the Stockholm declaration in 1972, it was held that the world has one
environment. India being a signatory to such international pacts is under an
obligation to translate those provisions and follow them in the country. This
has been clearly stated in Article 51(c) of the Indian constitution that state
shall foster respect for international law and the obligations of the treaties.

Another essential provision dealing in protecting the environment is Article

253 of the Constitution which empowers the Parliament of our country to
make laws which can be applicable to the whole or any territory of the country
for implementing any agreement or convention signed with the other country
or countries.

Parliament can further legislate to implement decisions taken at any

conference on an international level. Any provision made in the context of
environmental protection in accordance with Article 253 read with articles 13
and 14 cannot be questioned before the court of law on the grounds of no
legislative competence.

With the use of this power, it is pertinent to know that Parliament has
enacted Air ( Prevention and Control of Pollution) Act 1981, and
Environment Protection Act, 1986. It has been clearly stated in the
Preamble of these acts that the purpose of their enactment was to implement
the decisions taken at the United Nations Conference on the Human
Environment, held at Stockholm in the year 1972.
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Case : Vellore Citizens’ Welfare Forum v. Union of India

the supreme court held that it is essential to incorporate the international

customary laws in the municipal laws, provided they are not contrary to them.
It is an accepted principle of law. Thus, it was considered essential to follow
international laws by the domestic courts of law.

❖ Obligation of State and Environmental Protection(Directive

Principle of State Policy)

The authorities are under the obligation to follow the law and regularize the
conduct for the benefit of the people who have elected them. Article 47 puts
an obligation on the state that it shall regard the raising level of nutrition and
standard of living of its people. Also, the primary duty of the state shall be to
improve public health. It is the responsibility of the state to prohibit except for
medicinal purposes, the consumption of alcohol and drugs which can be
injurious to the health of the living beings and pose a great threat to their
lives.

From the word “responsibility” it can be interpreted that state shall take
effective, adequate and necessary steps to improve the health and standard
of living of all and promote awareness in the context of environmental
protection. In the environment development projects cannot be taken up by
the individuals which harm society as a whole. Thus, the state needs to keep
a stringent check on these activities and projects.

There have been various reasons due to which level of pollution in the
environment is constantly increasing. For eg., water pollution is commonly
caused due to the draining of impure water in the rivers and which not only
pollutes the natural resource of the country but affects the health of citizens.
This lead to the urgent need of making provisions to obligate the state to
preserve and protect the environment.

Case : Hamid Khan v. State of Madhya Pradesh

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The state was negligent to supply water from the handpumps, colossal damage
was caused to the citizens, which affected their health massively. Hence, due
to this gross negligence on the part of the state, it was held that the state
failed to perform its basic duty.

In the year 1976, the constitution was amended. With this amendment, Article
48-A was inserted in the constitution with the aim to afford better provisions
so as to preserve and protect the environment. The provision of this article
imposes the duty on the state to protect and improve the environment and
safeguard the forests and wildlife of the country. The word “Environment” has
been interpreted widely in this article. The state shall not only play a role of
being protectionists but also enact adequate measures for improvement of the
environment.

Every natural resource is interconnected with other natural resources of this

country. Forests are directly linked with providing pollution-free air, helps in
reducing global warming and is also connected with water resources. They help
in maintaining the ecological balance. Thus, this resource is crucial and hence,
its protection is equally important to avoid atmospheric pollution. Hence, the
specific insertion of this section is justified.

❖ Obligation of citizens and environmental

protection(Fundamental Duty of Citizen for
Enviournmental Protection)

The duties of the state in protecting the environment are basically the rights
of the citizens. The concept of rights and duties respectively, co-exist. They
are interconnected. If citizens have the right to a decent standard of living and
a pollution free environment, then at the same time they are obliged to protect
it and not carry on activities which prove to be dangerous for the society at
large and all other living beings.

The concept of rights was quite prevalent in comparison to the concept of

duties prior to the 42nd amendment of the constitution. More importance was
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attached to rights than duties by the supreme law of the land. But the drafters
of the constitution felt that it is necessary to shoulder the burden of protecting
environment between both the state and the citizens. Also, citizens were more
concerned with their rights and started neglecting their duties. Thus, part IV–
A was inserted by The Constitution (Forty Second) Amendment Act,1976.

Part IV-A of the constitution deals with Fundamental Duties. Article 51-
A(g) specifically deals with the fundamental duty of the citizens to protect and
improve the natural environment which includes forests, rivers, lakes, wildlife
and to have compassion for living creatures. Like the duty of the state, it is
the duty of all the citizens of not only protecting the environment but also
taking measures which are adequate enough to improve the environment.

Nature has gifted us with the resources and a pollution free environment and
thus, this casts a duty upon the citizens to keep these resources in the same
condition for the future generations. Hence, the principle of intergenerational
equity plays a major role in environmental protection by sustainable use of
natural resources.

Case : Kinkeri Devi v. State

Himachal High Court that in Article 48-A and Article 51-A(g) it was held
that it is both constitutional pointer to the state and the constitutional duty of
the citizens not only protect the environment but also improve it and to
preserve and safeguard the forests, the flora and the fauna, the rivers and the
lakes and all other water resources of the country.

The negligence to abide by the pointer or perform the duty is nothing basically
the straight betrayal of the fundamental law of the land.

In the case of betrayal, the courts cannot remain a silent spectator. A court
can intervene at any time to make the implementation of the provisions by
issuing writs, orders and directions as it thinks fit and necessary.
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Case : L.K Koolwal v. State of Rajasthan and Ors,

the municipality of Jaipur was being negligent in carrying on its basic duty of
maintaining the hygiene of the state. This caused acute sanitation problem
thereby leading to the to have hazardous effects on the lives of the people of
the state. Mr Koolwal along with other residents moved an application
under article 226 of the Indian constitution before the high court highlighting
the gross negligence of the municipality.

While construing the true scope of Article 51-A in this case the court
explained that this article is not only a duty but is aright created in favour of
the citizens to have the locus standing to move to the court to have a check
on the conduct of the state activities, whether the authorities are performing
their duties or not in accordance with the fundamental law of the land. The
right to move to the court is granted to citizens for the proper enforcement of
the state’s duties and of their relevant departments, local bodies etc.

Being negligent in maintaining hygiene and sanitation standards slowly affects

the lives of living beings and poisons the environment at large. This infringes
the fundamental right of life of the citizen as provided under article 21, which
also extends to have a decent standard of living and a clean and safe
environment and thus, citizens protecting their fundamental right to life from
being infringed is justified. Thus, the court directed the municipality to remove
the dirt and all the filthy material which was posing a great threat to the lives
and health of the people.

Case : Goa Foundation v. the State of Goa

the petitioner was a society registered under the rules relating to registration
of societies and its members were the citizens of India who had a fundamental
duty to protect and improve the environment, lakes, forests, rivers and have
compassion for living creatures as laid down under article 51-A . The question
of whether the society had locus standi to move to the court or not was raised
before the court.
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The answer to this question was given in a very affirmative manner by the
court and was held that the society had the same fundamental duty. Petitioner
was held to have a locus standi to move to the court to not only prevent
degradation of our ecology but also form and implement provisions for the
purpose of rehabilitating the ecology thereby maintaining ecological balance.

Public interest litigation was filed before the high court by five persons, who
were residents of a specific area,

Case : Sitaram Champaran V. State of Bihar

to seek the directions of the court for the closure of the tyre retreading plant,
in the interest of public health. This plant was situated in the residential area
and was emitting carbon dioxide along with other obnoxious gases causing
harm to the environment. The respondents were directed to wind up the plant
in the interest of environmental protection and were considered a fundamental
duty under Article 51-A.
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CONCLUSION

From the above discussion we come on the conclusion that in ancient time,
nothing single contribution was done for Protection of Enviournment .
Because, firstly people were not aware regarding the subject matter, in
medival period also king were always engaged in war and their luxorious life,
they only consumed the forest and other natural resource,never tried to save
them. In British era also,some regulations were enacted but for only their
welfare, not for protection of enviurnment .
It was Post Independence era when law came forward and tried to step into
account for protection of environment.
How it helps for protection we see briefly history for development that after
Independence ‘’Narmada Bachao Movement’’ was first movement which was
running for protection of environment. After constitution Our Government
,even our constitution maker did not try to enact of law because they were
only focusing for development of socio- economic activity not for
environmental protection. It Was Stockholm Conference in 1972 and Rio
conference in 1992 which attracted for protection of environment .
Consequently Different Laws and regulation were formed not only our
constitution but also separate law .
If we talk about our constitutional provision we find all aspects like 253 says
that state makes any laws in consequence for treaty and conference. Due to
this Article provisions were made in our constitution . The aspects are given in
Article 14,19(1)(g) ,21,48(A) and Article 51(A). Which speaks about different
rights and liability of state,Citizen etc. It also Empowers our Legislative to
enact, enforce any law which fits suitable for enactment of law.
One More Important point that we cannot deny role of Judiciary in
development of environmental protection law. And Specially , Role of MC
Mehta is cannot be forgotten. Who worked in vast area of environmental law
and developed new concept Environmental law Jurisprudence with different
cases.
That’s all about Role of law in Environmental Law .
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References:
1. Enviournmental Law book by Shyam Diwan
2. Enviournmental law Bare Act
3. MP Jain Constitution of India
4. Website SCC Online for Case Law
5. Gurwinder Singh Sir Class Lecture Notes