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Role of the Judiciary in Environment Protection in India

Article  in  Asian Journal of Research in Social Sciences and Humanities · October 2013

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 Asian Journal of Research in Social Sciences and Humanities
Vol. 3, No. 10, October 2013, pp. 260-274.

ISSN 2249-7315 www.aijsh.org

Role of the Judiciary in Environment Protection in India

Dr. Ch. Venkateswarlu*

*Research Scholar,
Andhra University,
Visakhapatnam, India.

Abstract

With the growth of civilization, man became materialistic. His sole aim in life was to secure more and
more material wealth. This gave rise to scientific invention and new technologies, which paved the way
for the exploitation of nature. The rapid and uncontrolled industrialization became potential threat to the
environment. The Second World War and the industrial disaster witnessed large-scale pollution and
degradation of the environment of this earth. The people began to realize that if this continued, the
existence of man would be at stake.

Although numerous legislative steps have been taken to give effect to the significant right of man to live
in a sound environment and the corresponding duty on state and individuals to ensure environment
preservation and conservation, our endeavour, in this study, is to analyze the steps taken by judiciary to
forward this goal. To achieve this end, the judiciary has evolved certain principles to provide effective
remedy in case of violation of constitutional and legislative mandate. Several concepts which the
judiciary has evolved in order to give force to the right of man to a healthy environment would be briefly
dealt with. The present paper discussed elaborately about the role of judiciary in the protection of
Environment.

Keywords: environment, pollution, protection, judiciary.

_____________________________________________________________________________________

Introduction

With the growth of civilization, man became materialistic. His sole aim in life was to secure more and
more material wealth. This gave rise to scientific invention and new technologies, which paved the way
for the exploitation of nature. The rapid and uncontrolled industrialization became potential threat to the

260
 Venkateswarlu (2013). Asian Journal of Research in Social Sciences and Humanities,
Vol. 3, No.10, pp. 260-274.

environment. The Second World War and the industrial disaster witnessed large-scale pollution and
degradation of the environment of this earth. The people began to realize that if this continued, the
existence of man would be at stake.

India has also been facing the problem of environmental pollution. Therefore, the Constitution makers
had already incorporated Article 47, 48 and 48A in the Constitution. Under these articles the state is
enjoyed with a set of duties to protect the environment and to conserve the natural resources of the
country. As India was one of the signatories of the Stockholm Declaration of 1972, the Parliament
incorporated Article 51(1)(g) in the constitution. This Article imposes a duty on the individual to protect
and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion
for living creatures. Besides that the Parliament passed many other anti-pollution laws for the protection
of environmental pollution, such as the Environmental (Protection) Act 1986, The Water (Prevention and
Control of Pollution) Act 1974, The Air (Prevention and Control of Pollution Act 1981, The Hazardous
Wastes (Management and Handling) Act 1972, The Biological Diversity Act 2002 etc.

authorities must anticipate, prevent and attack causes of environmental degradation. On the relationship
between ecology and Article 21, thinking of the court is that the right to life being a fundamental right
under this article, it includes enjoyment of pollution free water and air for full enjoyment of life. If
anything endangers or impairs that quality of life in derogation of laws, a citizen has a right to have
recourse to article 32 for removing the pollution of water or air which may be detrimental to the quality of
life. A petition for prevention of pollution is maintainable at the instance of affected persons or even by a
group of social workers or journalists.

Thus the doctrine of environment Justice has become the new facet of the concept of justice up to 1999
eighty judgments have been delivered by the Apex court with regard to environment protection. The
court has covered industrial disaster, industries Vs. Environment, Oleon Gasleak chemical and sugar
Industries, water pollution and related matters, vehicular pollution, sanitation, and water, disposal,
building and Town planning and deforestation and thus has evolved, The right to environmental
information and awareness.

Supreme Court has successfully handled an area, of complex, complicated and fast growing and changing
techno sciences and multi-disciplines. The judicial activism has resulted in many innovations and has
given important raw material for building up a comprehensive Indian enviro-jurisprudence. Thus in the
field of administration of enviro-justice, the Supreme Court of India has stood tallest not only before the
-the Legislature and the Executive but also, before its other counterpart,
age-old or young, in the developed and developing countries.

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Historical Background of Environmental Pollution

A. In Ancient India

Forests, Wild life, and more particularly trees were held in high esteem and held a place of special
reverence in Hindu theology. The Vedas,Puranas, Upanishads and other scriptures of the Hindu religion
gave a detailed description of trees, plants and wild life and their importance to the people. The Rig Veda
highlighted the potentialities of nature in controlling the climate, increasing fertility and improvement of
human life emphasizing for intimate kinship with nature. Atharva Veda considered trees as abode of
various gods and goddesses. Yajur Veda emphasized that the relationship with nature and animals should
not be that of dominion and subjugation but of mutual respect and kindness.

The Mauryan period was perhaps the most glorious period of the Indian History from
environmental protection point of view. It was in this period that we find detailed and perceptive legal
Arthashastrawritten between 321 B.C. and 300 B.C. The necessity of
forest administration was realized in this period and the process of administration was actually put into
action with the appointment of superintendent of forest and the classification of forest on a functional
basis. The State assumed the functions of maintenance of forest, regulation of forest produce and
protection of wild life during Mauryan reign. Whereas destruction of trees at the boundaries or that were
worshiped or were in sancturies, entailed a penalty double the above fines.

In British Period

The early days of British rule in India were days of plunder of natural resources. There was a total

British Government started exercising control over forests in the year 1806 when a commission was
appointed to enquire into the availability of teak in Malabar and Travancore by way of appointment of
Conservator of Forests. Consequently, the post of conservator of forest was abolished in the year 1823.

The British Government declared its first Forest Policy by a resolution on the 19th October 1884. The
policy statement had the following objectives:

1. Promoting the general well being of the people in the country;

2. Preserving climatic and physical conditions in the country; and

3. Fulfilling the need of the people.

The policy also suggested a rough functional classification of forest into the following four categories:

1. Forests, the preservation of which was essential on climatic or physical grounds;

2. Forests which offered a supply of valuable timber for commercial purposes;

3. Minor forests which produced only the inferior sorts of timber; and

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4. Pastures which were forests only in name.

The British Government for controlling Air Pollution enacted the Bengal Smoke Nuisance Act
of 1905, and the Bombay Smoke Nuisance Act of 1912.

Likewise, for protection of wildlife the British Government made certain legislations. In 1873, the then
Madras Government enacted the first wild life statute for the protection of wild elephants. The Elephants
Preservation Act of 1879, the Wild Birds and Animals Protection Act, 1912 and the Forest Act 1927 were
other legislations which aimed at conservation of bio-diversity.

Though made with ulterior motives these legislations have contributed significantly to the growth of
environmental jurisprudence in India.

Post Independence

The post independence era witnessed a lot of changes in the policies and attitudes of the Governments
with respect to environmental protection. ll direct its policy
towards securing that the ownership and control of the material resources of the community are so

Article 47 provides that the State shall regard the rising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties.

and scientific lines and take steps for preserving and improving the breeds and prohibiting the slaughter
of cows and calves and other milch and draught cattle.

of artistic or historic interest, declared to be of national importance, from spoliation, disfigurement,

The year 1972 is a landmark in the history of Environmental Management in India. It was the year in
which the United Nations Conference on Human Environment was held at Stockhold, The views
expressed at the Stockhold Conference formed a core part of the basic environmental philosophy of India
that found expression in various governmental policy pronouncements in subsequent years.

and plants, This Act was made to prevent hunting and also to control trade in wild life products.

Forest area of the country by the end of Eighties. The preparation of a Tiger Action Plan and formulation
of a Global Tiger Forum (GTF) have been initiated recently. India has been elected as the chairperson for
the first meeting of the GTF.

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In 1974, the Water (Prevention and Control of Pollution) Act was passed for the purpose of prevention
and control of water pollution and for maintaining and restoring the wholesomeness of water. The Act
also provides for the creation of Pollution Control Boards.

In 1976, the Constitution of India was amended by the Constitution (42nd Amendment) Act. This 42nd
Amendment Act is significant from the point of Environmental Protection because two new articles were
added in Part IV and Part IV-A of the Constitution of India. Article 51A consists of ten duties of which

natural environment including forests, takes, rivers and wild life and to have compassion for living

In 1981, the Air (Prevention and Control of Pollution) Act was enacted to provide for the prevention,
control and abatement of air pollution and for the establishment of Central land State Pollution Control
Boards. This Act was amended in 1987 to include noise pollution.

Environmental Pollution

In the above paragraph, it has been seen that the environment includes the harmonious co-existence of
physical and biological components of the nature. It seems that nature follows its own rules to arrange
and rearrange the components, but, if, there are any external Interventions which disturb this process, the
same is referred to as environmental pollution. This disturbance in environment may arise due to
numerous reasons; because of human interventions like industrial processes, domestic reasons or nuclear
industries, weapons etc, or because of natural calamities. The anti-pollution legislations in India have
attempted to define pollution in different biological and atmospheric spheres like water, air, noise, soil,
etc. A comprehensive definition of environmental pollution has been provided under the Environmental

pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to

Environmental Protection Act 1986, is very wide and can include any type of pollution.

taking references from different sources. It has opined thus:

House Dictionary of the English Language (College Edition, 1977) means:

(2) to make impure or morally unclean, defile,

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Effects of Environmental Pollution

Development activities carry with lit the seeds of environmental damage, assisted and abetted by both, the
needs and greed of man. Activities such as manufacturing, processing, transportation and consumption,
not only deplete the stock of natural resources, but also add stress to the environmental system by
accumulating the stock of wastes. The productivity of the economic system, however, depends on the
supply and quality of natural and environmental resources. While water, soil, air, forest land fisheries
resources are productive assets, the pollution of water, air, atmosphere and noise are the byproducts of

-
increasing not only private costs but also social cost. Environmental degradation, often tending to become
irreversible, impose damage costs on the economy resulting in output and human losses, loss of labor
productivity from ill-health and loss of crop output.

Sustainable Development-Different Perspectives

heavily on certain material goods and services is profoundly unsustainable. Natural resources are
extracted at a rate far greater than their capacity to regenerate. Pollutants are pumped back into natural
ecosystems at rates far higher than they can be absorbed or cleaned up. The expert estimates on economic
losses usually do not include losses due to ecological destruction. There are glaring inequities: a small

out on the natural and cultural resources on which they depend.

Globalisation has taken a heavy toll, the author explains. Mechanisation of fisheries, and intensive
aquaculture and exports of marine produce bring in foreign exchange earnings, but they destroy the
fragile marine and coastal ecosystems, deplete fish stocks, displace traditional fishermen and farmers, and
generate huge social conflicts. Sustained actions by the fishermen, and by non-government organizations,
including mass mobilization and legal action has slowed down the invasion by industrial interests.
ning companies extend their digging claws to ecologically and
culturally fragile areas.

Should industrialization take a back seat while the country concentrates on environmental issues, which is
only incidental to industrialization? It is submitted that there is an obsession about the environment in
some sections of the society. They fail to understand that in the West a clean environment is infact the
-enshrined in arts 38, 41
and 43 of the Constitution of India- and achieve industrialization? Can anyone deny that these ideals are
not to be kept in mind when development measures are formulated by the state? However, there is a
conflict. We cannot forget the message of environmental protection and ecological preservation
embodied in arts 14, 21, 47, 48A, and Fifth and Sixth Schedules of the Constitution as interpreted by the
judiciary. It is interesting to peruse how in a thought provoking academic piece on environment and
industrialization, Justice Katju reacts to these questions, and to the concept of sustainable development.

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Role of an Individual in Prevention of Pollution

The role of every individual in preventing pollution is of paramount importance because if every
individual contributes substantially the effect will be visible not only at the community, city, state or
national level but also at the global level as environment has no boundaries. A small effort made by each
individual at his own place will have pronounced effort at the global level. It is aptly said,

Each individual should change his or her life style in such a way as to reduce environmental pollution. It
can be done by following some of the following suggestions.

Lay greater emphasis on pollution prevention than pollution control.

Use ecofriendly products.

Cut down the use of chlorofluorocarbons (CFCs) as they destroy the ozone layer.

Do not use polystyrene cups that have chlorofluorocarbon (CFC) molecules in them which
destroy ozone layer.

Use CFC free refrigerators.

Use the chemicals derived from peaches and plums to clean computer chips and circuit boards
instead of CFCs.

Role of Judiciary through Case Laws

Every individual, from the movement of birth, inherits certain rights. One such right, which is as old as
man himself, is the right to live in a clean environment. All human beings have a right to a healthy,
pollution free environment in order to enjoy their very existence on this earth. Ancient texts have
recognized and vindicated this natural right of the individuals. In India, the Constitutional and different
statutes have .given expression to this aspect. The former, in arts 47 and 48 B mandates in favour of
preservation of the natural environment of this country. It directs the state to protect and improve the
environment and make endeavors to safeguard forest and wildlife. The Constitution, under art 51(1) (g),
also imposes a duty on the individual to protect and improve the latural environment including forest,
lakes, rivers and wildlife, and to lave compassion for living creatures.

While numerous legislative steps have been taken to give effect to the significant right of man to live in a
sound environment and the corresponding duty of the state of and individuals to ensure environmental
preservation and conservation, our present endeavor is to analyze the steps taken by judiciary to forward
this goal. To achieve this end, the judiciary has evolved certain principles to provide effective remedy in
case of violation of constitutional and legislative mandate. In the subsequent sub divisions, several
concept which the judiciary has evolved in order to give force to the right of man to a healthy
environment, would be briefly dealt with.

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(B) Right to A Wholesome Environment

Judicial recognition of environmental jurisprudence, in the backdrop of industrialization, reached
its peak with the pronouncement of the Supreme Court that right to wholesome environment is a part of
Art. 2 of the Constitution. "The Judicial grammar of interpretation has made right to live in healthy
environment as the spectrum of human rights' in Subhash Kumar v State of Bihar, the court observed that
art 32 of the Constitution has been designed to enforce the fundamental rights of tie citizen. The said
article provides for extraordinary procedure to enforce the right of a person. The right to life under art 21
includes .the right to 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, d citizen has right to have recourse to are 32
of the Constitution for removing the pollution of water or air which may undermine the quality; of life. A
petition under art 32 for the prevention of pollution is maintainable at the instance of affected person or
even by a group o social workers or journalists'.

In MC Mehta v Union of India (popularly known as Oleum Gas Leak case), a public interest
litigation was filed under art 32 of the Constitution on the event of leakage of Oleum Gas from one of the
units of Shriram Foods and Fertilizers (Shriram Industries), which claimed a number of lives in the
vicinity of Delhi. The basic issues raised in the instant case were the scope of arts 21 and 32 of the
Constitution, and the norms of determining the liability for environmental crime. The court considered the
reports of various committees constituted to investigate the incident of accidents. Subsequently, the
matter was referred to the Constitutional Bench3 to decide the issues raised in the previous case. The
court pointed out that:

...the application for consumption are for enforcement of fundamental right to life enshrined in
Article 21 of the Constitution and while dealing with such application, we cannot adopt a hyper technical
approach which would defeat the end of Justice.

The Court put emphasis on public interest litigation for enforcement of fundamental rights. It (apex court)
contended that claim for compensation under art 21 is sustainable; otherwise, it will amount to gross
violation of right to life under art 21 of the Constitution. Regarding art 32, it held:

.. .Article 32 does not merely confer powers on this court to issue a direction, order or writ, for
enforcement of fundamental rights but it also lays a constitutional obligation in this court to protect the
fundamental right of the people and for that purpose this court has all incidental and ancillary powers
including the power to forge new remedies and fashion new strategies designed to enforce the
fundamental rights.

Recently, the Supreme Court, in Andhra Pradesh Pollution Control board v MV Naydu,4 has put
forward the view that matters relating to environment are the equal significance with those of human
rights. In its own words :

Environmental concerns arising in this court under Article 32 or under Article 136 or under
Article 226 in the High Courts, are in our view, of equal importance as Human Rights concerns. In fact,

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both are to be traced to Article 21 which deals with fundamental rights to life and liberty. While
environmental aspect concern 'life human right aspect concern liberty.

Judicial craftsmanship has not been restricted to giving of remedies under art 21 of the
Constitution; it has tried to apply even the 'unused provision of law', as significant tools in the
preservation natural environment of the country. It has often used the principles of civil and criminal laws
to meet the ends of justice.

(C) Principles of Common Law

In 1980, the Supreme Court held that clean civic life is the right of the inhabitants who reside within the
municipal area. In Municipality Ratlam v Vardichand, the petitioner, a municipal council, filed an appeal
against the direction of the magistrate under s 133 of the Code of Criminal Procedure 1973. The judicial
magistrate, on application by the people of the area passed certain direction against the civic corporate
body to bring cleanliness within the municipal area, as it had been polluted by open drains, human
excreta, in absence of proper sanitation, and discharges from alcohol factories. Additionally, the
discharges from the alcohol plant overflowed the open drains making the condition more miserable. It
(apex court) refused to accept the plea of the petitioner that shortage of funds restrained them from taking
proper actions. The court held:

The state will realize that Article 47 make it a paramount principle to grievance that steps are
taken for the improvement of the public health as amongst its primary duties. The municipality, also, will
slim its budget on low priority items and elitist projects to use the savings on sanitation and public health.

Furthermore, it also rejected the municipal council's contention relating to the applicability of the
Code of Criminal Procedure 1973, and said, "The Criminal Procedure Code operates against statutory
bodies and others, regardless of the cash in their coffers, even as human right under Part-III of the
Constitution have to be respected by the state regardless of budgetary provisions'. 2 The Supreme Court
issued certain directions, in addition to the magisterial directions, and fixed t he time limit within which
those were to be implemented. The significant contribution of this judgment, from the point of view of
environmental law was that, if any officer of the corporation failed to discharge his duties, then he could
be punished under s 188 of the Indian Penal Code 1860. In the instant case, the Supreme Court had shown
its willingness to use vintage legislations as means to protect the environment, and uphold the civic right
of individual citizens. To put it in the words of the court:

Although these two codes are of ancient vintage, the new social justice orientation imported to
them by the Constitution of India makes it is a remedial weapon of versatile use. Social Justice is due to
the people and therefore, the people must be able to trigger of the jurisdiction vested for this benefit in
any public functionary like a Magistrate under Section 133 of Criminal Procedure Code, 1973.

The court clearly indicated that the alibi of shortage of funds and procedural technicality should
not be a hindrance in the way of enforcement of the right of the civic dwellers. The landmark

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pronouncement marked that beginning of environmental jurisprudence of this country, wherein, under the
name of public nuisance, the court awarded remedies to the aggrieved people.

(D) Public Trust Doctrine

The doctrine of public trust, an aspect of ancient Roman jurisprudence primarily rests on the
principle that natural resources like; air, seashore, rivers and forests are of immense importance to the
people and the society as a whole, and that, it would be improper to make them subject to public
ownership. The Supreme Court in Me Mehta v Kamal Naih and Others adopted this principle within
the ambit of our environmental jurisprudence. Herein, a club had been built by a private company, Span
Motel Pvt Ltd, at the bank of the river Beas by encroaching land, including substantial forest land, to
which the family of Carnal Nath (a former Minister for Environment and Forest) was directly linked, and
which was later regularized and leased out to the company during the tenure of Kamal Nath. The primary
allegation made by environmentalist MC Mehta was that, efforts had been made on the part of the Span
Motel Company to create new channels by diverting the river flow, to save it from future floods. The
Supreme Court took serious notice of the act of environmental degradation on the part of the Span Motel
Company.

(E) Absolute Liability Principle

The question, regarding the imposition of liability on industries, engaged in hazardous or inherently
dangerous activities, was raised before the Supreme Court in MC Mehta v Union of India? The court was
of the view that the common law rule of Rylands v Fletcher, had lost its [potentiality in the context of
present environmental jurisprudecence. The Court contented:

... In a modern industrial society with highly developed scientific knowledge and technology...
hazardous or inherently dangerous industries are necessary to carry a part of the development program.
The rule evolved in the 19th century at a time when all these developments of science and technology had
not taken place cannot afford and guidance in evolving any standard of liability consistent with the
constitutional norms and the needs of the present day economic and social structure.

(Protection) Act 1986 clothes the Central Government with considerable powers to issue directions for
achieving the objects of the Act. The said powers include the power to impose the sum of remedial
measures on the offending industries, and to utilize the amount so recovered for carrying out remedial
measures.

(F) Sustainable Development

Environmental pollution and degradation is a serious problem nowadays. Judiciary being a social
institution has a significant role to play in the redressal of this problem. The Progress of a society lies in
Industrialisation and financial stability. But, industrialization is country to the concept of preservation of
environment. These are two conflicting interests and their harmonization is a major challenge before the

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judicial system of a county. The judiciary, in the different pronouncements, has pointed out that there will
be adverse effects on the country's economic and social condition, if industries are ordered to stop
production.

The judiciary was, therefore, of the opinion that the pollution limit should be within the
sustainable capacity of the environment. In fact, Roscoe Pound's concept of social engineering which
advocates for the resolution of conflicting increase, whereby there will be maximization of interest with
minimum fiction and waste, is quite appropriate in these cases. The court further added that there should
be balance approach in the fulfillment of the social needs, through industrialization and preservation of
environment, because the polluted environment is the major cause of health hazards, especially of persons
working in the factories or residing in the surrounding areas. It may, therefore, be asserted that the
judiciary in India has found its appropriate answers in the concept of sustainable development.

In Vellore Citizen Welfare Forum v Union of India, the Supreme Court opined. "The traditional
concept the development of ecology are opposed to each other, is no longer acceptable, 'sustainable
development' is the answer'. The genesis of the concept of sustainable development was in the Stockholm
Declaration in 1972. Subsequently, the World Commission on Environment and Development 1987
(known as the Brundtland Report) in its report, called 'Our Common Future', gave a definite shape to this
concept.

The precautionary principle emphasizes upon the preventive aspect of environmental laws. The
necessary basis of this principle lies on the scientific innovation. The court gave the meaning of this
principle in the context of municipal law. It means :

i) Environmental measures by the state government and the statutory authorities must anticipate
prevent and attack the causes of the environment.

ii) Where there are threats of serious and irreparable damage, lack of
scientific certainty should not be used as a reason for postponing
measure to environmental degradation.

iii) The 'onus of proof is on the actor or the developers / industrialists to show that his action is
environmentally begin.

Shifting of Industries

development aspect and environmental conservation. The former has a direct bearing on the question of
livelihood of the common masses. Thus, while ordering the shifting of the industries from thickly
populated areas to the outskirts, the court has taken recourse to the industrial Dispute Act 1947. This sort
of attitude on the part of the courts is unique in nature, as it exhibits the judicial concern of environment,
as well as for the million, who depend on industries and factories for their daily bread.

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Director's Responsibility
In different pronouncements, the courts have held the directors responsible for violation of environmental
norms, in order to create a sort of deterrent effect on the pollution industries. In certain occasions the
courts have emphasized that the directors should give undertaking that if any accident occurs due to the
hazardous nature of the industrial corporation, the directors would be personally liable.

Compensation to Victims
Compensation signifies something given in recompense. Its object is not to give punishment for the
wrong inflict. The sole purpose is to make good the loss sustained by the victim. This notion of
compensation has been extended to the area of environmental law, wherein countless people become
victims of industrial disasters. The case of Union Carbide has its own significance in this respect. Herein,
an amount of USD 470 million was agreed to be paid by Union Carbide Corporation, by way of
compensation, to thousands of people who had either died or suffered physical abnormalities, due to
leakage of toxic gases from the industry. The court, while justifying the amount of compensation, said
that it was twice the amount payable for fatal accident under the Motor Vehicles Act 1988.

(H) Criminal Liability

The Concern for environmental prevention has gained momentum in the last few years. The court have
adopted various principles and policies to restore environmental damages and degradation; nevertheless,
the matter with regard to imposition of sanctions of violation of environmental codes has still remained a
distant dream. Fragmented efforts to impose liability in the form of fines and/or imprisonments have been
made, but most cases, have viewed the problem, more from the civil law perspective than one of Criminal
responsibility.

In MC Mehta v Kamal Nath and Others the apex court stated that 'pollution fine' is a part of the polluter
pay principle. The question relating to determination of quantum of pollution fine was raised in present
case. The court observed that various laws in force, to prevent, control pollution and protect environment
and ecology; provide for different categories of punishment in the nature of imposition of fine as well as
of imprisonment or either of them, depending upon the nature and extent of violation.

The Andhra Pradesh Pollution Control Board filed complaint under Sec 49 of water (Prevention and

of the said Act. In the complaint, it was stated that the Government of Andhra Pradesh prescribed
standards of safe disposal of wasters generated by the hospital/health care establishments under the rules
framed in Andhra Pradesh Water (Prevention and Control of Pollution) Rules 1976, Sub-clause (j) of r 2
of the said Rules define health care establishments which mean and include all the hospitals, nursing
homes, diagnostic centers and laboratories irrespective of size/capacity, bad strengths, Rule 36 of the said
Rules states that all the health care establishment are required to follow the regulatory and promotional
guidance as mentioned in schedule V of the said Rules.

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Control of Noise Pollution

Kirori Mai Bishamber Dayal v. State of Punjab the petitioner set up a factory of flour mill in the outskils
of Rewasi Town. It was a considerable distance from inhabited area. The factory continued working for
many years but later it was converted into a metal factory manufacturing brass utensils. In the meantime,
the factory developed into a residential locality and the inhabitants of that area complained that the noise
caused by the factory interfered unreasonably with the comfort and; enjoyment of the private property and
the vibrations caused by the heavy machinery were shattering the foundation of buildings.

However, the Supreme Court has successfully handled an area of complex, complicated and fast growing
and changing techno-sciences and multi-disciplines. The judicial activism resulted in many innovations
and has given important raw material for budding up a. comprehensive Indian enviro-jurisprudence. Thus
in the field of administration of enviro-justice, the Supreme Court of India has stood tallest not only
before the other two organs of the 'State' the Legislature and the Executive but also, before its other
counterparts, age-old or young, in the developed and developing countries. To conclude, it is dawn and
not dusk.

Conclusion
To concludes, it is re-emphasised that the tremendous significance of judicial decisions in the evolution of
environmental jurisprudence in the country. Perhaps, no area or field of knowledge has seen such leap in
terms of intellectual discourse than the field of environment. But the core concern as regards the
imposition of criminal liability on polluters has been largely evaded. The restrictions with the imposition
of criminal sanctions in cases of corruptions, the nature of liability-determination, only on basis of 'actus
reus', the absence of 'mens rea', the strict mode of interpretation of penal provision, standard of proof
required to establish criminal prosecutions and the affectivity of punishments in matter of environmental
pollution to bring the desired fruits have, possibly, kept the judiciary away from the 'penal' scoop.
Criminal liability cannot altogether be discarded; it is an effective and powerful tool in the hands of
legislators and adjudicators to achieve the ends of a 'clean, pollution free' environment. The next chapter
would concentrate on the aims and objects of sentencing, its dispositions and designing effective modes
of the same in cases of environmental offences.

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Venkateswarlu (2013). Asian Journal of Research in Social Sciences and Humanities,

Vol. 3, No.10, pp. 260-274.

Case Laws
MC Mehta v. Union of India, (1997) 2SCC353: AIR 1997 SC 734.

MC Mehta v. Kamal Nath & Others, (2000) 6 SCC 213.

A.P.Pollution Control Board v. Prof.M.V. Nayudu, (2001) 2 SCC 62.

Indian Council for Enviro-Legal Action Others v. Union of India and others (1996) 3 SCC 212.

Vellore Citizens Welfare Forum v. Union of India (1996) 2 SCC 647: AIR 1996 SC 2715.

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