DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

Final Draft

ENVIRONMENTAL LAW

Role of NGOs in Environmental protection in India

Submitted to:

Dr. Amandeep Singh

Assistant Professor (Law)

RMLNLU

Submitted by:

Shobhit Kumar Shukla

Enrolment ID-190101138

VI Semester

Section B

i
 ACKNOWLEDGEMENT
I express my deepest regard and gratitude to my teacher, Dr. Amandeep Singh. His consistent
supervision, constant inspiration and invaluable guidance have been of immense help in
understanding and carrying out this project report.
I would also like to thank my family and friends without whose support and encouragement, this
project would not have been a reality.

ii
 LIST OF ABBREVIATIONS

& ................................................................................................................................................ AND

§…........................................................................................................................................SECTION

¶ ..................................................................................................................................... PARAGRAPH

AIR ................................................................................................................. ALL INDIA REPORTER

ANR .................................................................................................................................................................... ANOTHER

DRJ ..................................................................................................DISASTER RECOVERY JOURNAL

NGO… ................................................................................. NON-GOVERNMENTAL ORGANISATION

NGT .................................................................................................... NATIONAL GREEN TRIBUNAL

OECD..................................... ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

ORS ......................................................................................................................................................................... OTHERS

PIL..................................................................................................... PUBLIC INTEREST LITIGATION

RTI ............................................................................................................. RIGHT TO INFORMATION

SC.......................................................................................................................... SUPREME COURT

SCC ............................................................................................................. SUPREME COURT CASES

SCR ...................................................................................................... SUPREME COURT REPORTER

SSS .................................................................................................. SPITI SEABUCKTHORN SOCIETY

STAG… ......................................................................... SPITI TRANS-HIMALAYAN ACTION GROUP

UNCTAD ...................................... UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT

UNESCAP…. UNITED NATIONS ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC

UP… ....................................................................................................................... UTTAR PRADESH

iii
V…....................................................................................................................................... VERSUS

W.P............................................................................................................................WRIT PETITION

iv
 LIST OF CASES
 Sachidananda Pandey vs State Of West Bengal & Ors, AIR 1987 SC 1109
 Almitra Patel v. Union of India, W.P. No. 88 of 1996
 Dahanu Taluka Environment Protection Group v. Bombay Suburban Electricity Supply
Company, (1991) 2 SCC 539
 Indian Council for Enviro-Legal Action v. UOI & Ors. AIR 1996 SC 1446
 M. C. Mehta v. Union Of India AIR 1988 SC 1037
 M.C. Mehta v. Union of India (1998) 8 SCC 206
 M.C. Mehta v. Union of India (1999) 6 SCC 12
 M.C. Mehta v. Union of India, (1987) 1 SCC 395
 Rural Litigation And Entitlement Kendra & Ors v. State Of Uttar Pradesh & Ors AIR
1986 SC 359
 Society for Protection of Silent Valley v. Union of India and Others
 T.N. Godavarman Thirumulkpad v. Union of India, W.P. No. 202 of 1995
 Tarun Bharat Sangh, Alwar v. Union of India, AIR 1992 SC 514
 Tehri Bandh Virodhi Sangharsh Samiti v. State of Uttar Pradesh (1992) Supp 1 SCR 44
 Vineet Narain v. Union of India, AIR 1996 SC 3386
 Vinod Kumar Jain v. Union of India and Anr. 2008(106) DRJ 27

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 TABLE OF CONTENTS

ACKNOWLEDGEMENT ...................................................................................................................... 2

LIST OF ABBREVIATIONS................................................................................................................. 3

LIST OF CASES .................................................................................................................................... 5

TABLE OF CONTENTS ....................................................................................................................... 6

1. ENVIRONMENTAL PROTECTION AND NGOS ....................................................................... 7

2. THE ROLE OF NGOs: A LEGAL PERSPECTIVE....................................................................... 8

Use of PIL and RTI – Tools used by environmental NGOs. .............................................................. 9

3. ENVIRONMENT, NGOs AND THE JUDICIARY ..................................................................... 11

Continuing Mandamus ...................................................................................................................... 11

4. OF YOUTH, ENTREPRENEURSHIP ANDENVIRONMENT .................................................. 14

CONCLUSION .................................................................................................................................... 16

SUGGESTIONS ................................................................................................................................... 16

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 1. ENVIRONMENTAL PROTECTION AND NGOS
NGOs are Non-Governmental Organizations are usually referred as organizations which are not part
of government though could be funded by the government. The primary objective of these
organizations is public service. As per one estimate, there are more than 3.3 million NGOs in India in
2009.1 In India, for an entity to become an NGO, it has to register either as a Trust, Society or a
private limited nonprofit company, under Section 25 of the Indian Companies Act, 2013. The
organisation can also be registered under The Societies Registration Act, 1860 as trusts or societies.

The role of environmental NGOs as a major stakeholder in Environmental Causes has increased both
in dimension and stature over last decades. Most of the environment NGO started as small
organizations focused on one or few of following causes– Education & Training, Environment
research, Environment Monitoring, Air or Water Pollution, Land degradation, Waste Management,
Toxic & Chemical Waste, Saving Wild life and Eco Sensitive Zones. But over the period, some of
these organizations have transformed themselves into highly professional and respectful
organizations. For Instance, a prominent Indian NGO, Centre for Science and Environment, started in
1980 as an organization focused on creating Public awareness on Science , technology , Environment
and development. 2 But over the past 30 years, its grown into highly organized and professional
organization focused on Pollution Monitoring, Developed a Knowledge Portal – a comprehensive
website & series of publication on environmental issues, created innovative mechanisms such as
Green Rating points for the Industry, and turned into knowledge based environment activism. Many
environmental NGOs have started collaboration with Government and Industry to create a sustainable
structure for future growth. These organizations provide consultancy to industrial houses and
corporates, and are actively engaged at various levels with the government on developing
environment friendly and sustainable development policies. With the power of media and Judicial

Activism, environmental NGOs are able to perform their functions better, which may not have been
possible otherwise. The enhanced roles played by the environmental NGOs come with a lot of

1
Shukla, Archana (2010), "First Official Estimate: An NGO for Every 400 People in India", Indian Express, 7 July -
Available at: http://archive.indianexpress.com/news/first-official-estimate-an-ngo-for-every-400-people-in- india/643302/
. Accessed on 10th February, 2022.
2
http://www.cseindia.org/content/about-cse . Accessed on 10th Feb, 2022.

7
responsibilities and challenges which they need to bear in mind.3

2. THE ROLE OF NGOs: A LEGAL PERSPECTIVE

Many protest and activist NGOs 4 largely emerged in response to an imminent threat to local
environments that would otherwise have remained unaddressed by policy and regulation. Most were
passive and rarely violent. Many of these issue-based protest NGOs were formed with external
assistance and external leadership and management inputs were sought. Some protest and activist
organisations joined established networks or formed alliances and addressed problems collaboratively
(like the National Alliance of People's Movement). Other NGOs were individualistic in addressing
issues of their particular interest; some NGOs are small others large; some focus on policy issues only,
others target projects; some are region specific, others are cause, issue specific or localised in
influence; some address broader interdisciplinary issues like human rights, health, land reforms which
may include the environment, while others specifically focus on natural environment; many depend
on corporate sponsorship, some on private charity and a rare few on government funding. Several
organisations are single person-based institutions with a short life span, which cease after addressing
an issue at hand. Many of those that persist broaden their focus beyond the original issue and many
establish or join alliances and networks.

In the 1980’s two remarkable developments in the Indian legal system provided a strong impetus to
judicial activism in India. There was a broadening of existing environmental laws in the country and
judicial activity through public interest litigation began in earnest in India. These two developments
gave more scope to citizens and public interest groups to prosecute a corporation or a Trans-National
Corporation, which violates environmental norms.5

Until the enactment of Environment Protection Act of 1986, prosecution under Indian environment
laws could only be done by the government. Public interest groups or citizens had no statutory
remedy against a polluter who discharged an effluent beyond the permissible limit. However, under

3
GIAN JYOTI E-JOURNAL, Volume 1, Issue 3 (Apr – Jun 2012) ROLE AND IMPACT OF ENVIRONMENTAL
NGO’S ON ENVIRONMENTAL SUSTAINABILITY IN INDIA Dildeep Sandhu and Pooja Arora.
4
According to one rather contentious definition, activism in India is marked by ‘that it has no territoriality, no hegemony,
no competition for power, no lusting for eminence in the media market, no questing for recognition or rewards’. Baxi U.
(1986) Activism at Cross-roads with Signposts, Social Action, Vol.36, October-December.
5
Judicial activism and the environment in India. Implications for transnational corporations. by Pranay Lal and Veena
Jha, Occasional paper no.6, Pg. 2., Report as part of UNCTAD /CBS Project: Cross Border Environmental Management
in Transnational Corporations.
8
the Environment Protection Act 1986, Section 19, a citizen can prosecute any company provided a
60-day notice is given of her/his intention to prosecute. Other provisions allowing citizens to
participate in the enforcement of pollution laws are now found in Section 43 of the Air Act, as
amended in 1987, and in Section 49 of the Water Act as amended in 1988. Both these Amendments
require the Pollution Control Board to disclose internal reports to citizens seeking to prosecute a
polluter.

There has also been an expansion of citizens’ participatory rights in public interest litigation (PIL).
Traditionally only an individual who had her or his rights violated could seek remedy under PIL. This
meant that a person wishing to prosecute had to show that he/she had suffered some special injury
over and above other members of the public. Thus cases of air or water pollution were difficult to
redress. Now, however citizens can challenge environmentally harmful actions even though they
may not suffer any greater harm than others. The closure of limestone quarries in the Dehradun
district of Uttarakhand,6 as well as polluting tanneries along the Ganges7 is important landmarks in
the history of India’s public interest litigation.8

Use of PIL and RTI – Tools used by environmental NGOs.

PIL – Public Interest Litigation is considered one of the potent tools, increasingly used by the NGOs
to enforce environmental laws, or bring about changes or modification in laws concerned with the
environmental issues. PIL is the Indian context means any litigation which is used for the protection
of public interest. The rise of public interest litigation has to do with increased judicial activism in last
few decades. PIL will not be able to provide satisfactory or the best solution in all the cases.
Sometimes, the PIL route can slow the process of resolution of the problem. The courts welcome
genuine litigation but there are several cases of frivolous litigation put up in the court to meet self-
interests, or settle personal score. PIL has become a preferred weapon of choice in the fight for
environmental sustainability. For instance, a filling of PIL by Tapas NGO in Delhi High Court led to
the ban of Plastic ban in the Delhi from January 2009.9 The positive impact was the emergence of
biodegradable and Jute bags which helped in bring

6
Rural Litigation And Entitlement Kendra & Ors v. State Of Uttar Pradesh & Ors AIR 1986 SC 359.
7
M. C. Mehta v. Union Of India A.I.R 1988 SC 1037.
8
Environmental Law and Policy in India, 1991, Armin Rosencranz, Shyam Divan and Martha Noble, Tripathi
publishers
9
Vinod Kumar Jain v. Union of India and Anr. 2008(106) DRJ 27

9
desired green change in Delhi. The NGO made a huge effort to sensitize the general public about use
of plastic bags. They put 20000 poster and organized protests at Jantar Mantar to mobilize public for
banning of plastic bags.10 RTI – Right to Information Act 2005 (RTI) provides power in the hands of
the ordinary citizens and NGOs to extract information from a “Public Authority” (Government
Departments). This Act empowers the NGOs to seek relevant information such as Information on
Laws and Government Regulations, actions taken by the Government bodies with regards to
Environment aspect and others. This helps the NGOs create awareness in the general public or society
at large about the rights, and if there is any violation of law by individuals or corporations, this tool
can be used as evidence of wrong doing. For instance, in June 2010, an NGO run by Rohit Prajapati
filed an RTI application with Gujarat State Disaster Management Authority (GSDMA) on their
emergency chemical disaster Management plan11. This was very important as there are number of
chemical plants and factories situated in Gujarat, and a chemical disaster can turn very deadly as in
the case of Bhopal Gas Tragedy where more than 30000 people lost their life.12 Through this process
of RTI, it came to the knowledge of public that there is no plan in place to tackle these disasters.

10
http://delhigreens.com/2011/09/12/an-interview-with-v-k-jain-of-tapas-ngo-on-the-banning-of-polythene-bags-in- delhi/
Accessed on 11th Feb. 2022.
11
http://www.radicalsocialist.in/articles/statement-radical-socialist/news/558-one-more-case-against-environmental-
activist-rohit-prajapati Accessed on 11th Feb. 2021.
12
http://bhopal.org/what-happened/ Accessed on 11th Feb. 2022.

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 3. ENVIRONMENT, NGOs AND THE JUDICIARY
In recent years, there has been a sustained focus on the role played by the higher judiciary in devising
and monitoring the implementation of measures for pollution control, conservation of forests and
wildlife protection. Many of these judicial interventions have been triggered by the persistent
incoherence in policy-making as well as the lack of capacity-building amongst the executive
agencies. Devices such as Public Interest Litigation (PIL) have been prominently relied upon to
tackle environmental problems.

In our country, there are several vocal NGO’s and public-spirited individuals who have moved the
courts to seek relief against numerous problems such as those created by unchecked vehicular and
industrial pollution,13 negligence in management of solid waste,14 construction of large projects and
increasing deforestation.15 In order to address these problems, there is a need to draw a balance
between environmental concerns and competing developmental needs such as those of generating
employment and wealth.

Continuing Mandamus

The tool of a ‘continuing mandamus’ has been used to monitor the implementation of orders by
seeking frequent reports from governmental agencies on the progress made in the same. The
adjudication and monitoring of environmental cases has also benefited from the inputs of fact- finding
commissions and expert committees which are constituted to examine a particular environmental
problem.16 In several cases, the Court also relies on the services of the leading members of the bar
who render assistance in their capacity as ‘amicus curiae’. The involvement of expert committees and
amicus curiae is needed to gain an accurate understanding of an environmental problem and to
explore feasible solutions. For instance, court-appointed

13
M.C. Mehta v. Union of India (1998) 8 SCC 206; M.C. Mehta v. Union of India (1999) 6 SCC 12 – orders were given
for the phasing out of old vehicles, permitting only those vehicles which conformed to Euro II norms at the time.
14
Almitra Patel v. Union of India, W.P. No. 88 of 1996 (Continuing mandamus)
15
T.N. Godavarman Thirumulkpad v. Union of India, W.P. No. 202 of 1995 (Continuing mandamus)
16
Vineet Narain v. Union of India, AIR 1996 SC 3386

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committees have conducted substantial empirical research and provided valuable insights in cases
that have dealt with vehicular pollution, solid waste management and forest conservation.

An example of ‘judicial restraint’ would be the Kerala High Court judgment in the Silent Valley case
(1980)17 where the Court refused to second-guess the State government’s position relating to the
environmental impact of a hydel-power project. The judgment mentions that the project was
unanimously supported by the legislature of Kerala and it would be improper for the judiciary to
interfere. However, this led to an agitation and subsequently there was a re-think on the viability of
the project.

A relatively robust standard of ‘judicial review’ is discernible from the litigation related to the Tehri
Dam (1992)18 and Dahanu thermal power plant (1991)19, both of which had reached the Supreme
Court. Even though the eventual decisions were in favour of the project proponents, the Court did
inquire into diligence of the government in ascertaining the environmental impact of the proposed
projects. Even though it is argued in some quarters that the Courts lack the technical expertise needed
to gauge the relevant reports and data, the judges are well-equipped to assess whether the concerned
agencies have taken all necessary steps to study and ascertain the potential environmental costs. An
example of the Supreme Court adopting a rigorous standard of judicial review is in the Calcutta Taj
20
Hotel Case (1987) where the Court inquired extensively into the government permission granted
for the construction of a medium-rise hotel against objections that the building would interfere with
the flight path of migratory birds. A similar approach was adopted in Tarun Bharat Sangh, Alwar v.
Union of India (1992)21 where the court adopted a firm stand against the owners of mines that were
being operated inside the reserve forest areas. In both the cases mentioned above, the court appointed
independent committees of experts to ascertain the environmental impact of the commercial activities
that were being undertaken.

17
Society for Protection of Silent Valley v. Union of India and Others (Unreported, UP Nos. 2949 and 3025 of 1979of
Kerala High Court)
18
Tehri Bandh Virodhi Sangharsh Samiti v. State of Uttar Pradesh (1992) Supp 1 SCR 44.
19
Dahanu Taluka Environment Protection Group v. Bombay Suburban Electricity Supply Company, (1991) 2 SCC539
20
AIR 1987 SC 1109
21
AIR 1992 SC 514

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 The Supreme Court evolved the doctrine of ‘absolute liability’22 which marked a clear departure
from the reliance on traditional tort law concepts such as ‘public nuisance’ and ‘strict liability’
(rule developed in Rylands v. Fletcher). It was ruled that the occupiers of premises where
hazardous activities were undertaken, would be liable to third parties for damage caused as a
result of such activities, irrespective of any fault being shown on their part. The articulation of
the ‘absolute liability’ doctrine was soon followed by the recognition of the ‘polluter-pays
principle’23 which had gained importance at international discussions.24

22
M.C. Mehta v. Union of India, (1987) 1 SCC 395 ; Oleum Gas Leak case.
23
Indian Council for Enviro-Legal Action v. UOI & Ors. AIR 1996 SC 1446.
24
OECD Guiding Principles Concerning International Economic Aspects of Environmental Policies, 1972.

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 4. OF YOUTH, ENTREPRENEURSHIP AND
ENVIRONMENT

The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) organised
the NGO Symposium on Developing Partnership Strategies for Sustainable Development in 2000 in
Kitakyushu, Japan.25 The Symposium held discussion on eight issues of which two were thus:

A. Financial Mechanisms and Resources for Civil Society Participation, and

B. Globalization and Policy Integration.

The Symposium swore its commitment to achieve these goals. A part of these agendas is
development of entrepreneurship in the developing world with respect to the environment to generate
more capital for environmental protection.

Spiti Ecosphere

“Sometimes the conventional rules simply aren't good enough. Sometimes new rules have to be
invented, rules that would require us to look at situations with a fresh perspective. Attitudes have to be
torn down and rebuilt. Some things are worth fighting for irrespective of the odds.”

- Philosophy of Spiti Ecosphere26

The Spiti Valley is a desert mountain valley located high in the Himalaya Mountains in the north-
eastern part of Himachal Pradesh. It is a heaven of natural beauty unexplored to a very large extent
yet.

Spiti Ecosphere is a social enterprise which is a collaborative effort of the local community of Spiti
and professionals from diverse backgrounds. Their focus is to create sustainable livelihoods that are
linked to nature and culture conservation. Their mandate is to address the triple bottom-

25
http://www.unescap.org/events/ngo-symposium-developing-partnership-strategies-sustainable-development Accessed on
12th Feb. 2022.
26
http://www.spitiecosphere.com/about_us_philosophy.htm Accessed on 12th Feb. 2022.

14
line of conservation, development and economies, which also forms the very foundation of their
genesis.

Ecosphere was founded in 2006 by Ishita Khanna, an alumnus of the Tata Institute of Social Sciences,
as a combination of three non-governmental organisations—Muse, Spiti Trans- Himalayan Action
Group (STAG) and Spiti Seabuckthorn Society (SSS).27 Ishita Khanna is just 37 years old now.
Having grown up in Dehradun in the foothills of the Himalayas, she wanted to work on issues
pertaining to conservation of the rich natural environment. Initially, she worked with the Himachal
Pradesh government in women's empowerment, which led her to Kulu and Hamirpur. She later
realised a lot could be done to launch commercially viable livelihoods in Spiti too. Ecosphere was
launched with friends in 2002. German funding agency GTZ pumped in Rs 11 lakh in 2002.
Ecosphere later invested Rs 20 lakh to Rs 30 lakh each year from various funding agencies and its
own earnings. From five villages in Spiti, Ecosphere now reaches 55, with diverse income-generating
opportunities. It has built greenhouses to address unavailability of green vegetables with the long and
severe winters haunting the region. It has also installed solar panels and wind mills. Ecosphere plans
more tourism related initiatives. It is also working on a project to help irrigate agricultural land
through solar water lifting, which aims to transport water from different sources with the help of solar
panels.28

Ishita Khanna, along with her organisation has achieved the CNN IBN Real Heroes Award,
CNN-IBN Indian of the Year 2019 in the category of Public Service, Virgin Holidays Responsible
Tourism Awards 2010 for Best in a mountain environment, The Sierra Club ‘Green Energy and
Green Livelihoods Achievement Award’ – 2009, The Ashden Awards for Sustainable Energy –
Global Energy Award Winners 2009, Wild Asia Responsible Tourism Award – 2008 and Among 50
Social Entrepreneurs in India – 2009. Ecosphere is a member of the Green Circuit and Himalayan
Homestays, two major organisations in eco-tourism in the Himalayan region.29

27
http://www.outlookbusiness.com/article_v3.aspx?artid=261373 Accessed on 12th Feb. 2022.
28
http://articles.economictimes.indiatimes.com/2012-10-05/news/34279795_1_nursery-admissions-shaleen-raizada-new-
patents Accessed on 12th Feb. 2022.
29
http://www.spitiecosphere.com/about_us_awards_and_recognition.htm Accessed on 12th Feb. 2022.

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 CONCLUSION
Environmental non-governmental organizations, in recent years, have grown in size and in number as
a result of governmental negligence towards the environmental crisis. NGOs have grown in
importance to a point where the act as key arbitrating agents within the field of environmental policy.
By interrelating global and local concerns, NGOs have been able to not only emphasize on important
ecological issues, but also raise consciousness about the environment.

NGOs, alongside the judiciary, have expanded the horizons of environmental protection through a
large number of binding judgements. Different legal tools have been developed in the process of
environmental protection such as RTI and PIL. Since 1980s, the environmental provisions in law
have been increased aside from the judicial activism in the field.

New developments in the field of environmental protection have been taken up by youth by the
entrepreneurial means. Organisation such as Spiti Ecosphere are doing a commendable job and have
emerged as an inspiration for the youth in the field of environmental protection.

It can be assessed by the above discussion that the very existence of NGOs and the role played by
them in the protection of the environment is not only important but also necessary because no
government alone with any amount of laws and acts can achieve the objectives of environment
protection without individual and public participation which can be achieved only through a network
of motivated and dedicated voluntary organizations, like the NGOs. The hypothesis thusstands true.

SUGGESTIONS
Some suggestions that can be made towards protection of environment could be made in the
following areas where NGOs could play an effective role with the assistance of the governmental
agencies for achieving the ultimate goal of healthy and blissful environment:

 Empower the NGOs to educate the students about the pollution problem and the harmful effects
of pollution.

 Minimising the use of plastic for different purposes.

 To support the NGOs financially which are rendering service to the Health and Environment
Sector.

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