HISTORY/NEED

Prior to Stockholm, the environmental agreements between states produced topics that were quite
unique to countries. Regulatory treaties were anthropocentric since they were mostly meant to
protect the interests of the participating nations.

Prior to Stockholm, Environmental destruction is just detrimental to people's welfare.

1945 UN Charter didn’t expressly mentioned the safeguards for environmental concerns.

1949, the United Nations Convention on the Conservation and Use of Natural Resources (UNCCUR)
was ratified by at least 50 countries. A number of environmental concerns were identified in the
UNCCUR resolution which required research in order to exchange information. As a consequence,
multilateral attempts to collect intelligence and study environmental challenges were made prior to
the Stockholm summit.

United Nations General Assembly (UNGA) convened the Stockholm Conference on the Human
Environment in 1968. A total of 114 countries attended the conference.

IMPACT/EFFECT
First concept on human induced impact on envirnonment and how to address issues related to
Sustainability and growth. Not Normative in nature

Shifted the focus of climate activism towards regulating and synthesising environmental economic
challenges.

Despite the fact that it was not binding, the Conference remains important in Global environmental
concerns,

It urged the international community to formulate an Action Plan which contains 109 resolutions to
address the environmental concerns.

The Conference recommended that the UN General Assembly must create four institutional
mechanisms for coping with environmental issues, including legislative recommendations on
environmental practises and collaboration, among other items.

The third instrument introduced, lays out 26 guidelines for states to follow in order to achieve
universal environmental objectives.

The conference's was successful in enforcing foreign environmental legislation aimed at conserving
natural resources and preserving the atmosphere stemmed from the fact that it involved both state
and non-state participants.
ENVRONMENT LAW AND IPC
Section 268 defines the term public nuisance and says that:

1. If any person does any illegal act, or omission then he/she is guilty of an
offence. 
2. Such an act must have caused a ‘common injury’ or danger. Annoyance to
the public, or to the people of a vicinity, or such an act must violate
someone’s public right. 
3. A common nuisance is not excused on the ground that it causes some
convenience or advantage.

Moreover, Section 290 makes the offence of public nuisance punishable with a fine

extending up to Rs. 200. Therefore, if any act or omission of polluting the
environment is committed harming any citizen then the same shall be subject to
prosecution. Section 290 also makes noise pollution an offence.

In Ratlam Municipality v. Vardhi Chandra, Justice Krishna Iyer observed: “public

nuisance because of the pollutant being discharged by big factories to the detriment
of the poorer sections, is a challenge to the social justice component of the rule of
law”.

PRE-STOCKHOLM ERA

Pre 1972 Development

Before 1972 conference, the main laws regarding environment protection were
criminal law, easement laws, tort law, laws regarding canal and water, forest law and
some special laws regarding hazardous substance. Certain Constitutional provisions
can also be interpreted as the environment protection laws. Initially Indian
Constitution does not talk directly about the Environment Protection, but it gives
fundamental rights to life or Article 21 to its citizen, which could be treated as the
right to enjoy wholesome environment.

But the main drawback of such laws is that, those are not made especially for the
protection of environment and approach of such laws is human centric and not the
environment. Those laws also lack special enforcement and monitoring agency.

LEGISLATION AFTER STOCKHOLM CONFERENCE

42nd Amendment
After the Stockholm Conference, 1972, Government of India brought the 42nd amendment
in the Constitution and incorporated Article 48A. Article 48A comes under the part IV
‘Directive Principle of State Policy’, and under this Article the states are under the ‘active
obligation’ that it shall endeavour to protect and impose the environment.

Stockholm Conference, 1972 also has the impact on the environment related laws.
After 1972, India enacted the Water Act 1976, Air Act 1981, Environment Protection
Act, 1986, various policies and notification.

Water Act 1976

The Water Act does not refer the Stockholm Conference, 1972; this Act was the result
of approach of State Government to the Centre to frame the laws regarding water.
Water Act, 1976 provide the provision to protect the water from pollution. It also
gives statutory definition of pollution regarding water.

Air Act 1981

After Water Act, the Air Act, 1981, was passed. The main purpose of this Act is the
prevention, control and abatement of air pollution. It also confers power to board
established under the Water Act, 1976, to attain the objective of the Air Act.

Environment Protection Act 1986

After the Bhopal Gas Tragedy the Government of India, felt the lacuna of
environmental laws and in order to strengthen the environmental laws Government
passed the umbrella legislation for environment, the Environment Protection Act
1986. This legislation indented to protect the entire environment, rather merely the
water or the air. According to it ‘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’. It also defines
environmental pollution as the presence of any environmental pollutant in the
environment. Another significance of this Act is that it.

The Wild Life (Protection) Act of 1972

In 1972, Parliament enacted the Wild Life Act (Protection) Act. The Wild Life Act
provides for state wildlife advisory boards, regulations for hunting wild animals and
birds, establishment of sanctuaries and national parks, regulations for trade in wild
animals, animal products and trophies, and judicially imposed penalties for violating
the Act. Harming endangered species listed in Schedule 1 of the Act is prohibited
throughout India. Hunting species, like those requiring special protection (Schedule
II), big game (Schedule III), and small game (Schedule IV), is regulated through
licensing. A few species classified as vermin (Schedule V), may be hunted without
restrictions. Wildlife wardens and their staff administer the act.

BIOLOGICAL DIVERSITY ACT, 2002[32]

This Act came into force on 5th February, 2002 and it contains provisions 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.

RIO DECLARATION
The united nations conference on environment and development in 1992 restate the
Stockholm declaration of 1972. Rio declaration formulates a link between human rights and
environmental laws. Declaration adopted a set of principles for the sustainable
development, these principles define the right of people to live in healthy environment and
their responsibility to protect the environment. Declaration links right to development and
right to live in healthy, clean, and sound environment and reaffirms interdependence of all
human rights and environment protection. Rio declaration is a milestone that set a new
agenda for sustainable development.

The Rio de Janeiro conference highlighted how different social, economic and
environmental factors are interdependent and evolve together, and how success in one
sector requires action in other sectors to be sustained over time. The primary objective of
the Rio 'Earth Summit' was to produce a broad agenda and a new blueprint for international
action on environmental and development issues that would help guide international
cooperation and development policy in the twenty-first century.

The 'Earth Summit' concluded that the concept of sustainable development was an

attainable goal for all the people of the world, regardless of whether they were at the local,
national, regional or international level. It also recognized that integrating and balancing
economic, social and environmental concerns in meeting our needs is vital for sustaining
human life on the planet and that such an integrated approach is possible.

Agenda 21

Agenda 21 is a non-binding action plan of the United Nations with regard to sustainable

development.[1] It is a product of the Earth Summit (UN Conference on Environment and
Development) held in Rio de Janeiro, Brazil, in 1992. It is an action agenda for the UN,
other multilateral organizations, and individual governments around the world that can be
executed at local, national, and global levels. One major objective of the Agenda 21 initiative
is that every local government should draw its own local Agenda 21. Its aim initially was to
achieve global sustainable development by 2000, with the "21" in Agenda 21 referring to
the original target of the 21st century.

Agenda 21 is grouped into 4 sections:

 Section I: Social and Economic Dimensions is directed toward combating poverty,

especially in developing countries, changing consumption patterns, promoting
health, achieving a more sustainable population, and sustainable settlement in
decision making.

 Section II: Conservation and Management of Resources for Development includes

atmospheric protection, combating deforestation, protecting fragile environments,
conservation of biological diversity (biodiversity), control of pollution and the
management of biotechnology, and radioactive wastes.

 Section III: Strengthening the Role of Major Groups includes the roles of children

and youth, women, NGOs, local authorities, business and industry, and workers; and
strengthening the role of indigenous peoples, their communities, and farmers.

 Section IV: Means of Implementation includes science, technology

transfer, education, international institutions, and financial mechanisms.

Legislation after Rio declaration

The Convention on Biological Diversity (CBD) was adopted during the United Nations Conference on
Environment and Development (UNCED - or the “Earth Summit”) in Rio de Janeiro on 5 June 1992.
CBD has been instrumental in highlighting conservation of biodiversity on the international agenda
and its implementation on national level. More than 150 states have signed the Convention, and it
entered into force on 29 December 1993. By May 1998 a total of 174 states had ratified the
Convention, making it one of the most widely adopted environmental treaties of all times. India
ratified the Convention in 1994. The CBD places emphasis on decision making at the national level.
DEIFFERENCE B/W PIL & WRIT

#1. Interest: Writs are filed by institutions or individuals for benefit in their own cases, whereas, PIL
is an application that is filed by any citizen for easing out any undue botheration or inconvenience
faced by the public at large. Public interest litigation is not defined in any statute or any act. It has
been interpreted by a judge to consider the intent of the public at large. The following are the
various areas where a PIL can be filed against State/Central Govt./Municipal authorities or any
private party.

(a) If there’s abuse of elementary human rights of the underprivileged.

(b) If there’s inappropriate content or conduct of government policy.

(c) To force municipal authorities to accomplish a public duty.

(d) If there’s violation of religious rights or any basic fundamental rights.

#2. Provisions: Writs are issued by the Supreme Court of India under Article 32 and Article 139. Writs
can be issued by the High Court of the States under Articles 226. On the other hand, PIL’s are
applications/writs that are filed by any citizen for easing out inconvenience faced by the public at
large and they are not defined in any Statute.

#3. Expense: The process of filing writ is expensive, complicated and time-consuming. But in PIL, the
process is cheap and simplified. Also in PIL, the rule of locus standi, that is, the right to appear an
action appear in a court, is relaxed, which is not the case with Writs. In writs. the locus standi is
followed.

#4. Who can File: PILs can be presented by anybody whether they have suffered or not. Other
people can also file no matter if they have an interest in it or not. While Writs can be filed only by
the aggrieved party.

#5.Judge’s View: The subject for which the action is demanded is of public interest in PIL, and the
judgment and view of a judge are very crucial as it concerns the national welfare. In Writ, the subject
matter is of private interest, and judges’ work is just to examine the evidence.