ENVIRONMENTAL LAW

1. Concept of environment and its components

Environment is defined as the natural world in which people, animals and
plants live. Environment is the surroundings in which living and non-living
things live, interact, grow and perish. The conditions present in the
surroundings govern the life of creatures therein.

Four Components of Environment

The four major components of environment include lithosphere,
hydrosphere, atmosphere and biosphere, corresponding to rocks, water,
air and life respectively.
 Lithosphere is the outermost layer of earth called crust, which is made of
different minerals. Its depth can reach up to 100 kilometers and is found
on both land (terrestrial crust) and oceans (oceanic crust). The main
component of lithosphere is earth’s tectonic plates.
 Hydrosphere comprises of all forms of water bodies on earth including
oceans, seas, rivers, lakes, ponds, streams etc. It covers 70% of earth’s
surface. 97.5% of water found on Earth is in the oceans in the form of salt
water. Only 2.5 % of water on Earth is freshwater. Out of this, 30.8% is
available as groundwater and 68.9% is in frozen forms as in glaciers.
Amount of 0.3% is available in rivers, reservoirs and lakes and is easily
accessible to man.
 Atmosphere is gaseous layer enveloping the Earth. The atmosphere with
oxygen in abundance is unique to Earth and sustains life. It mainly
comprises 78.08% nitrogen, 20.95% oxygen, 0.93% argon, 0.038%
carbon dioxide, and traces of hydrogen, helium, and noble gases. The
amount of water vapour present is variable.
 Biosphere refers to all the regions on Earth where life exists. The
ecosystems that support life could be in soil, air, water or land. The term
Biosphere was coined by Geologist Edward Suess who used this term for
place on Earth where life can be found. Biosphere refers to the sum total
of all living matter, the biomass or biota. It extends from the polar ice
caps to the equator, with each region harboring some life form suitable to
the conditions there.
Environmental science is an interdisciplinary subject. It draws from a
whole gamut of subjects like geography, geology, biology, chemistry,
physics, botany, zoology, genetics, sociology, rural development, urban
planning, policy development, politics, cultural studies, economics, ethics,
law, education, health, communication and philosophy. It is a science that
will address the biggest challenges encountering the planet in this
millennium. It studies the complex interaction of human with nature and
provides guidelines for the way forward.

2. Common law remedies against public nuisance

A person in possession of a property is entitled to its undisturbed enjoyment
as per law. However, if someone else’s improper use or enjoyment in his
property ends up resulting into an unlawful interference with his enjoyment
or use of that property or of some of the rights over it, or in connection with
it, we can say that the tort of nuisance has occurred.

The word “nuisance” has been derived from the Old French word “nuire”
which means “to cause harm, or to hurt, or to annoy”. The Latin word for
nuisance is “nocere” which means “to cause harm”.

Nuisance is an injury to the right of a person’s possession of his property to

undisturbed enjoyment of it and results from an improper usage by another
individual.

Essential elements of Nuisance

 Wrongful act
Any act which is done with the intention to cause the infringement of the
legal rights of another is considered to be a wrongful act.

 Damage or loss or annoyance caused to another individual.

Damage or loss or annoyance must be such which the law should consider
as a substantial material for the claim.

Kinds of Nuisance

1. Public Nuisance

The Indian Penal code defines nuisance as an act which causes any
common injury, danger or annoyance, to the people in general who dwell
or occupy the property, in the vicinity, or which must necessarily cause
injury, obstruction, danger, or annoyance to the people who may have
occasion to use any public right.

Public nuisance affects the society and the people living in it at large, or
some considerable portion of the society and it affects the rights which the
members of the society might enjoy over the property. The acts which
seriously affects or interferes with the health, safety or comfort of the
general public is a public nuisance.
Instances where an individual may have a private right of action in
respect to a public nuisance:

 He must show the existence of any personal injury which is of a

higher degree than the rest of the public.
 Such an injury has to be direct and not just a consequential injury.
 The injury must be shown to have a huge effect.

2. Private Nuisance
Private Nuisance is that kind of nuisance in which a person’s use or
enjoyment of his property is ruined by another. It may also injuriously
affect the owner of the property by physically injuring his property or by
affecting the enjoyment of the property. Unlike public nuisance, in private
nuisance, an individual’s usage or enjoyment of property is ruined as
distinguished from the public or society at large. The remedy for private
nuisance is a civil action for damages or an injunction or both.

defences available to Nuisance?

There are many valid defences available to an action for tort, these are:

1. Prescription
 A prescription is a title acquired by use and time and which is
allowed by the law, a person claims any property because his
ancestors have had the possession of the property by law.
 Prescription is a special kind of defence, as, if a nuisance has been
peacefully and openly been going on without any kind of
interruption then the defence of prescription is available to the
party. On the expiration of this term of twenty years, the nuisance
becomes legalised as if it had been authorised in its commencement
by a grant from the owner of the land.
 The essence of prescription is explained in Section 26 of the
limitations act and Section 15 of the Easements Act.
There are three essentials to establish a person’s right by prescription,
these are

 Use or enjoyment of the property: The use or enjoyment of the

property must be acquired by the individual by law and the use or
enjoyment must be done openly and peacefully.
 Identity of the thing/property enjoyed: The individual should be
aware of the identity of thing or property which he or she is
peacefully or publically enjoying.
 It should be unfavourable to the rights of another individual: The
use or enjoyment of the thing or property should be of such a
nature that it should be affecting the rights of another individual
thus causing a nuisance and even after knowing of such a nuisance
 being caused there must’ve been no action taken against the
person causing it for at least twenty years.

2. Statutory authority
 When a statute authorises the doing of a particular act or the use of
land in a way, all the remedies whether by action or indictment or
charge, are taken away. Provided that every necessary reasonable
precaution has been taken.
 The statutory authority may be either absolute or conditional.
 When there is an absolute authority, the statue allows the act and it
is not necessary that the act must cause a nuisance or any other
form of injury.
 Whereas in the case where there is a conditional authority, the
state allows the act to be done only if it can be done without any
causation of nuisance or any other form of injury.

What are the remedies for nuisance?

There are three kinds of remedies available in the case of a nuisance,

these are:

1. Injunction
An injunction is a judicial order restraining a person from doing or
continuing an act which might be threatening or invading the legal rights
of another. It may be in the form of a temporary injunction which is
granted on for a limited period of time which may get reversed or
confirmed. If it is confirmed, then it takes the form of a permanent
injunction.

2. Damages
The damages may be offered in terms of compensation to the aggrieved
party, these could be nominal damages. The damages to be paid to the
aggrieved party is decided by the statue and the purpose of the damages
is not just compensating the individual who has suffered but also making
the defendant realise his mistakes and deter him from repeating the same
wrong done by him.

3. Abatement
Abatement of nuisance means the removal of a nuisance by the
party who has suffered, without any legal proceedings. This kind of
remedy is not favoured by the law. But is available under certain
circumstances.

This privilege must be exercised within a reasonable time and

usually requires notice to the defendant and his failure to act. Reasonable
 for may be used to employ the abatement, and the plaintiff will be liable if
his actions go beyond reasonable measures.

Example: Ace and Beck are neighbours, Beck has a poisonous tree on his
land which overtime outgrows and reaches the land of Ace. Now Ace has
every right to cut that part of the tree which is affect his enjoyment of his
land with prior notice to Beck. But if Ace goes to Beck, land without his
permission, and chops off the entire tree which then falls on the land of
Beck, then Ace shall be in the wrong here as his action taken would be
beyond reasonableness.

3. Role of Indian Judiciary in protection of Environment

Our Indian Constitution guarantees Right to life and liberty under Article
21, which says that “No person shall be deprived of his life or personal
liberty except according to a procedure established by law.” “LIFE” has a
much wider meaning which includes right to live with human dignity, right
to livelihood, right to health, right to pollution free air, etc. Right to life is
fundamental to our very existence without which we cannot live as human
being and includes all those aspects of life, which go to make a man’s life
meaningful, complete, and worth living. It is the only article in the
Constitution that has received the widest possible interpretation. It is also
the duty of the state to protect the environment as embodied under article
48-A, 39 (e) and 47 of the Indian Constitution. So in order to deal with
these ever-growing problems, many acts have also been enacted by the
parliament but it is a court which always keeps a check on proper
implementation of these enactments and judiciary had played an
important role in interpreting the laws to protect the environment.

Judicial remedies for environment pollution

The remedies available in India for environmental protection comprise of

tortuous as well as statutory law remedies. The tortuous remedies available are
trespass, nuisance, strict liability and negligence. The statutory remedies
incorporates: Citizen’s suit, e.g.,

 an activity brought under Section 19 of the Environmental (Protection)

Act, 1986,
 an activity under area 133, Criminal Procedure Code, 1973.and
 and activity brought under the Section 268 for open irritation, under
Indian Penal Code,1860

Apart from this, a writ petition can be filed under Article 32 in the Supreme
Court of India or under Article 226 in the High Court.
Some remarkable principles and doctrines propounded by the Indian judiciary:-

1. Doctrine Of Absolute Liability

THE BHOPAL CASE: Union Carbide Corporation v. Union Of India[viii]

In this case, the court held that, where an enterprise is occupied with an
inherently dangerous or a hazardous activity and harm results to anybody by
virtue of a mishap in the operation of such dangerous or naturally unsafe
movement coming about, for instance, in getaway of poisonous gas, the
enterprise is strictly and completely obligated to repay every one of the
individuals who are influenced by the accident and such risk is not subject to any
exemptions. Accordingly, Supreme Court created another trend of Absolute
Liability without any exemption.

2. Polluter Pays Principles

“If anyone intentionally spoils the water of another … let him not only pay
damages, but purify the stream or cistern which contains the water…” – Plato

Polluter Pays Principle has become a very popular concept lately. ‘If you
make a mess, it’s your duty to clean it up ‘- this is the fundamental basis of this
slogan. It should be mentioned that in environment law, the ‘polluter pays
principle’ does not allude to “fault.” Instead, it supports a remedial methodology
which is concerned with repairing natural harm. It’s a rule in international
environmental law where the polluting party pays for the harm or damage done
to the natural environment.

Vellore Citizen’s Welfare Forum v. Union of India[ix]

The Supreme Court has declared that the polluter pays principle is an essential
feature of the sustainable development.

3. Precautionary Principle

The Supreme Court of India, in Vellore Citizens Forum Case, developed the
following three concepts for the precautionary principle:

Environmental measures must anticipate, prevent and attack the causes of

environmental degradation

Lack of scientific certainty should not be used as a reason for postponing

measures

Onus of proof is on the actor to show that his action is benign (caring).

4. Public Trust Doctrine

The Public Trust Doctrine primarily rests on the principle that certain resources
like air, water, sea and the forests have such a great importance to people as a
whole that it would be wholly unjustified to make them a subject of private
ownership.

M.C.Mehta v. Kamal Nath and Others

The public trust doctrine, as discussed by court in this judgment is a part of the
law of the land.

5. Doctrine Of Sustainable Development

The World commission on Environment and Development (WCED) in its report

prominently known as the ‘Brundtland Report’ named after the Chairman of the
Commission Ms. GH Brundtland highlights the concept of sustainable
development. As per Brundtland Report, Sustainable development signifies ”
development that meets the needs of the present without compromising the
ability of the future generations to meet their own needs”. There is a need for
the courts to strike a balance between development and environment.

Rural Litigation and Entitlement Kendra v. State of UP

The court for the first time dealt with the issue relating to the environment and
development; and held that, it is always to be remembered that these are the
permanent assets of mankind and or not intended to be exhausted in one
generation.

Vellore Citizen’s Welfare Forum

In this case, the Supreme Court observed that sustainable development has
come to be accepted as a viable concept to eradicate poverty and improve the
quality of human life while living within the carrying capacity of the supporting
eco- system.

4. Role of UNEP in protecting environment

United Nations Environment Programme (UNEP)

The UNEP is an international environmental authority engaged in establishing a

global environmental agenda and promoting the efficient implementation of the
environmental dimension of the United Nations Sustainable Development
Programme. UNEP’s mission is to provide leadership and encourage partnership
in caring for the environment by inspiring, informing, and enabling nations and
peoples to improve their quality of life without compromising that of future
generations. The United Nations Environment Programme (UNEP) is the U.N.'s
designated authority in environmental issues.

 The rising pollution levels of the 1960s and 1970s prompted the
international leadership to think about having laws and regulations in
place for environmental concerns, along the likes of the International
Labour Organisation (ILO), the world Health Organisation (WHO), etc.
 These concerns were addressed at the 1972 United Nations Conference on
Human Environment (also known as the Stockholm Conference). The
Conference led to the adoption of the Stockholm Declaration (Declaration
on the Human Environment).
 The Conference also resulted in the formation of a management body for
these concerns, which was later called the United Nations Environment
Programme.
 Headquartered in Nairobi, the UNEP is headed by an Executive Director.
The mission attached to UNEP as mentioned in its preamble is to provide
leadership and encourage partnership in caring for the environment by
inspiring, informing, and enabling nations and peoples to improve their
quality of life without compromising that of future generations. United
Nations Environment Programme is solely funded by voluntary contributions
of member states and individuals who wish to fund environment activities.
Sustainable Development is the key guiding principle adopted by UNEP in its
working. UNEP is mainly responsible for co-ordinating the UN’s environment
activities and also helping developing countries to adapt environmentally
sound policies and evolving legislations to safeguard so. It covers wide range
of responsibilities and activities over climate change, policy making, disaster
management, assisting treaty formulations concerning environment,
promoting environment science and information etc. Few of its main activities
are mentioned below:

Climate Change has been the main concern of UNEP over the last 30
years. It has assisted in creation of U.N Framework Convention of Climate
change. UNEP act as global leader to strengthen the ability of countries, in
particular developing countries, to integrate climate change responses into
national development processes. The programme of UNEP related to disaster
and conflicts seeks to minimize environmental threats to human beings from
the environmental consequences of conflicts and disasters. It has responded
to various disaster and conflicts in over 40 countries including Afghanistan,
Nigeria, Ukraine, Liberia, Japan, Iraq, China etc.

UNEP has played an instrumental role in policy formulation and

implementation concerning environment and assisting developing countries to
adapt healthy environment practices. One of the major contributions of UNEP
is assistance provided by it in attaining the Sustainable Development Goals
(SDGs) which are 17 in number.

5. Define Environment and explain various causes, effects and factors of

Environmental pollution
Environmental pollution is one the greatest challenges that the world is
facing today. It began since industrial revolution, increasing day by day
and causing irreparable damage to Mother Earth. Environmental pollution
 has its own causes, effects and solutions. Looking into these will help you
identify the causes and what steps you can take to mitigate those effects.
Broadly, environmental pollution consists of six basic types of pollution,
i.e. air, water, land, soil, noise, and light.

Causes of Environmental Pollution

 Pollution from cars, trucks, and other vehicles is and has been our
major environmental pollution issue for almost a century now. The
problem is we did not realize this until the problem had manifested
to monumental proportions.
 Fossil fuel emissions from power plants which burn coal as fuel
contributed heavily, along with vehicles burning fossil fuels, to the
production of smog. Smog is the result of fossil fuel combustion
combined with sunlight and heat. The result is a toxic gas which
now surrounds our once pristine planet. This is known as “ozone
smog” and means we have more problems down here than we do in
the sky.
 Carbon dioxide is another product from all of the vehicles on the
planet as well as unreformed power plants and other industrial
facilities. A continually growing population of humans and clear
cutting of forests has exacerbated this problem so natural defenses
are no longer present and carbon dioxide levels are on the rise.
 Water pollution is a major issue. Many industries dump wastes into
rivers, lakes, ponds, and streams in an attempt to hide wastes from
EPA inspectors. These water sources feed major crops and food
becomes contaminated with a variety of chemicals and bacteria,
causing rampant health problems.
 Radiation comes into play as well. This is an exceedingly nasty
pollution issue and requires extensive description. Primarily, there
is radiation from the sun. As the natural ozone layer around the
Earth has become depleted. The sun is wonderful, but the only
reason we are able to survive on this planet so close to the sun is
due to the fact of natural shielding against solar radiation. As the
protective ozone layer around the planet has become thinner,
ultraviolet radiation has risen significantly, causing increases in skin
cancers and other types of cancer in all countries, killing millions of
people every year.

Effects of Environmental Pollution

1. Effects on Humans
The effects of environmental pollution on humans are mainly physical, but
can also turn into neuro-affections in the long term. The best-known
troubles to us are respiratory, in the form of allergies, asthma, irritation of
 the eyes and nasal passages, or other forms of respiratory infections.
Notably, these well-spread affections can be observed when air pollution
is high in cities, when the weather gets hot, for instance.

On top of that, environmental pollution has been proven to be a major

factor in the development of cancer. This can happen, for example, when
we eat reminiscences of pollutants used in the production of processed
foods or pesticides from the crops.

2. Effects on Animals

Environmental pollution mainly affects animals by causing harm to

their living environment, making it toxic for them to live in. Acid rains can
change the composition of rivers and seas, making them toxic for fishes;
an essential quantity of ozone in the lower parts of the atmosphere can
cause lung problems to all animals.

Nitrogen and phosphates in water will cause the overgrowth of toxic

algae, preventing other forms of life to follow their normal course. Eventually,
soil pollution will cause harm and, sometimes, even the destruction of
microorganisms, which can have the dramatic effect of killing the first layers
of the primary food chain.

3. Effects on Plants

As for animals, plants, and especially trees, can be destroyed by

acid rains (and this will also have a negative impact on animals as well,
as their natural environment will be modified), ozone in the lower
atmosphere block the plant respiration, and harmful pollutants can be
absorbed from the water or soil.

4. Effects on the Ecosystem

In short, environmental pollution, almost exclusively created by

human activities, has a negative effect on the ecosystem, destroying
crucial layers of it and causing an even more negative effect on the
upper layers.

Solutions to Environmental Pollution

1. Environmental planning should be considered as a base stone for

developmental planning. Hence, before starting any project, a study to
evaluate the environmental impacts has to be conducted.
2. Shifting to eco-friendly transportation such as electric vehicles and
hydrogen vehicles and promoting shared mobility (i.e., carpooling,
and public transports) could reduce air pollution significantly.

3. Basic solutions for air pollution must involve moving away from
fossil fuels, replacing them with sustainable renewables like solar,
geothermal, and wind and producing clean energy. The world is
phasing out coal.

4. Now, as solar radiation is at a climatic peak, solar power is a

fantastic solution. We can reap power from the sun using solar
panel systems and provide energy from home systems to large
scale systems powering entire communities and cities. Wind
power is also coming into play. Solar power and wind turbine
power are both powerful forces against radioactive power and fossil
fuel power.

5. Industry plays a vital role in the progress of societies. At the same

time, it exhausts the natural raw resources and produces pollution.
This has created an environmental imbalance.

6. Green building can help solve environmental problems to an extent.

From planning to demolition, the objective of green building is to
create environmentally responsible and resource-efficient structures
to reduce their carbon footprint.

7. Storage facilities for solid wastes should be built in the city. The
necessary actions need be taken to integrate the solid waste
storage facility that is very close to the city, and to nature.

8. The wastewater recycling project should be exercised, and a

recycling center should be built to reduce water pollution.

9. Environmentally friendly products should be made cheaper to

encourage people to use them, and people should know the long
term advantage of using these products nationwide.

10. Protecting soil, air and water quality should be a fundamental goal
of national environmental policy. The national land use and
conservation policies need to be developed to reduce the misuse of
productive agricultural land, and the uncontrolled and disorganized
urbanization.

11. For prevention of the visual pollution, enough green areas and
parks should be built, the municipality should collect the wastes in
an organized way, and the use of commercial boards and other
billboards should be regulated and controlled.
 12.To prevent noise pollution, the open markets, bazaars, recreation
and amusement facilities, schools and parks inside the city should
be surrounded by trees and other plants. The industrial areas and
plants should also be surrounded by green areas.

13. We also need to work on electromagnetic radiation (ER) reduction.

Realizing the blatant potential for huge ER emissions directly in
brains and eyes of users, major manufacturers of computers and
electronic devices have started to implement hardware protocols to
reduce risks and minimize ER production significantly.

14.Local administrations should be concerned about educating the local

people by providing the means (e.g., books, brochures, seminars.)
to make them understand the importance of environmental
problems.

6. Describe various constitutional provisions for protecting of environment

Environment And It's Relation With Citizens:

The Constitution of India has made a double provision:

o A directive to the State for protection and improvement of
environment.
o Imposing on every citizen in the form of fundamental duty to help
in the preservation of natural environment. This is the testimony of
Government's awareness of a problem of worldwide concern. Since
protection of environment is now a fundamental duty of every
citizen, it is natural that every individual should do it as personal
obligation, merely by regulating the mode of his natural life. The
citizen has simply to develop a habitual love for pollution.
Legislative Matters And Environment Protection
Since in Indian Constitution , there are three lists:
 Union List
 State List
 Concurrent List
As we know the authority 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 will
supersede.
The legislative and administrative relations between the central and the
state government are precisely 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 successive 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.
Responsibility Of State For Environment Protection
Article 47 puts an obligation on the state that it shall gaze at the increasing 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 obligation 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.
Constitutional Provisions
Right of life and Environment protection (Article 21): Article 21 of the
constitution provides for the fundamental right of life. It states that no person
shall be deprived of his right to life or personal liberty except in accordance with
procedures established by law. The words except in accordance with procedures
established by law can be interpreted to mean that this provision is subject to
exception and is regulated by law which varies from case to case.
Right to life includes the right to have a dignified life and also the bare
necessities of life like food, shelter, clean water and clothes. The right to live
extends to having a decent and clean environment in which individuals can live
safely without any threat to their lives. An environment shall be free from
diseases and all sorts of infections.
Right to Equality and Environment Protection (Article 14):
Equality before the law and equal protection of the law has been granted under
article 14 of the Constitution. This fundamental right impliedly casts a duty upon
the state to be fair while taking actions in regard to environmental protection
and thus, cannot infringe article 14.
Freedom of Speech and Expression and Environment (Article 19(1) (a)):
Right of speech and expression is a fundamental right expressly mentioned in
article 19(1) (a) of Part III of the Constitution. There have been a number of
cases where people have approached the court through the way of speech and
expressing themselves by writing letters like that in the case of Rural Litigation
and Entitlement Kendra, Dehradun v. State of Uttar Pradesh[8] where they have
expressed the violation of their right to have a clean and safe environment and a
right to livelihood.
Freedom of Trade and Commerce and Environment Protection (Article
19(1) (g)):
All the citizens of India have a fundamental right to carry on any profession or
business, trade or commerce at any place within the territory of India under
Article 19 (1)(g) of the Constitution. But this is not an absolute right and thus,
has reasonable restrictions to it. Article 19(6) of the Constitution lays down the
reasonable restriction to this fundamental right to avoid the environmental
hazards.
The purpose is to avoid the ecological imbalance and degradation of the
atmosphere in the name of carrying on a trade, business, occupation or carrying
on any profession. Thus, in the name of business or profession, one cannot
cause harm to the environment.
Directive Principle of State Policy (Article 48(A)):
Protection and improvement of environment and safeguarding of forests and wild
life The State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country.
Article 51:
Article 51 Promotion of international peace and security The State shall
endeavour to:
 promote international peace and security;
 maintain just and honorable relations between nations;
 foster respect for international law and treaty obligations in the dealings
of organised people with one another; and encourage settlement of
international disputes by arbitration
The Parliament availed the opportunity provided by the Constitution (Forty-
second Amendment) Act, 1976 to improve the manifestation of objects
contained in Article 48 and 48-A. While Article 48-A speaks of environment,
Article 51-A (g) employs the expression the natural environment and includes
therein forests, lakes, rivers and wild life. While Article 48 provides for cows and
calves and other milch and draught cattle.
Article 253:
Legislation for giving effect to international agreements notwithstanding
anything in the foregoing provisions of this Chapter, Parliament has power to
make any law for the whole or any part of the territory of India for implementing
any treaty, agreement or convention with any other country or countries or any
decision made at any international conference, association or other body.

7. International legal regime for protection of environment

 8. Environmental (Protection) Act, 1996

Overview:

 The Environment (Protection) Act (EPA) was enacted in 1986 with

the objective of providing the protection and improvement of the
environment.
 It empowers the Central Government to establish authorities
charged with the mandate of preventing environmental pollution in
all its forms and to tackle specific environmental problems that are
peculiar to different parts of the country.
 The Act is one of the most comprehensive legislations with a
pretext to protection and improvement of the environment.

Salient Features of the EPA Act

 Powers of the Central Government: The Central Government shall have the
power to take all such measures as it deems necessary or expedient for the
purpose of protecting and improving the quality of the environment in
coordination with the State Governments.

o The Central government is also empowered to:

 Plan and Execute a nation-wide programme for the prevention,

control and abatement of environmental pollution.
 Lay down standards for the quality of environment in its various
aspects.
 Lay down standards for emission or discharge of environmental
pollutants from various sources.
 The restriction of areas in which any industries, operations or
processes or class of industries, operations or processes shall/ shall
not be carried out subject to certain safeguards.
o The Central Government may appoint officers under this Act for various
purposes and entrust them with the corresponding powers and functions.
o The central government as per the Act has the power to direct:

 The closure, prohibition or regulation of any industry, operation or

process.
 The stoppage or regulation of the supply of electricity or water or any
other service.
 Restriction on Pollutant Discharge: No individual or organisation shall
discharge/emit or permit to discharge/emit any environmental pollutant in
excess of the prescribed standards.
 Compliance with Procedural Safeguards: No individual shall handle or shall
be caused to handle any hazardous substance except in accordance with the
procedure and without complying with the safeguards, as prescribed.
 Powers of Entry and Inspection: Any person empowered by the Central
Government shall have a right to enter (with the assistance deemed necessary)
at any place:

o For the inspection of compliance of any orders, notifications and directions

given under the Act.
o For the purpose of examining (and if required seizing) any equipment,
industrial plant, record, register, document or any other material object
may furnish evidence of the commission of an offence punishable under
this Act.
 Establishment of Environmental Laboratories: The Central Government, as
per the Act, is entitled to:

o Establish environmental laboratories.

o Recognise any laboratory or institute as environmental laboratories to
carry out the functions entrusted to such a laboratory.

 The Central Government is also entitled to make rules specifying the

functions of environmental laboratories.
 Appointment of Government Analyst: A Government Analyst is appointed by
the Central Government for the analysing the samples of air, water, soil or other
substance sent to a recognised environmental laboratory.
 Penalties for Offences: Non-compliance or Contravention to any of the
provisions of the Act is considered as an offence.

o Any offences under the EPA are punishable with the imprisonment of upto
five years or a fine upto one lakh rupees or both.
 Offences by Companies: If an offence under this Act is committed by a
company, every person directly in charge of the company, at the time of the
commitment of offence, is deemed to be guilty unless proven otherwise.
 Offences by Government Departments: If an offence under this Act has been
committed by any Department of Government, the Head of the Department
(HoD) shall be deemed to be guilty of the offence unless proven otherwise.

o Any officer, other than HoD, if proven guilty, shall also be liable to be
proceeded against and punished accordingly.
 Cognizance of offences: No Court shall take cognizance of any offence under
this Act except on a complaint made by:

o The Central Government or any authority on behalf of the former.

o A person who has approached the Courts after a 60-day notice has been
furnished to the Central Government or the authority on its behalf.

Scope and Applicability

The Environment (Protection) Act is applicable to the whole of India

including Jammu & Kashmir. It came into force on November 19, 1986.

9. National Environment tribunal Act, 1955

The National Environment Tribunal Act, 1995:- The main object of
the Act is to protect the environment from hazardous and inherently
dangerous activities. It aims:
1. to provide compensation to the victims of hazardous substances;
2. to provide for national legislation in compliance with the recommendations
of the Rio Summit/Earth Summit (Principle 11); and
3. to develop and codify the principle of strict liability in all such cases
4. Tribunal has powers as of Civil Court in matters connected under the
provisions of Act, and award made by Tribunal executable as like a decree
passed in Civil Court.
5. Tribunal Constituted under Act has the authority to punish the person who
contravene the provisions laid under Act and persons who responsible for
environmental hazardous.
6. Any person whoever fails to comply with the order of Tribunal be
punishable for a extending term of three years or fine up to ten lakh
rupees or both based on the guilt.

10.Administrative efforts to combat the hazards of pollution

11.Provisions of IPC and CrPC relating to pollution control

REMEDIES OF ENVIRONMENTAL PROTECTION IN IPC

Related to environmental protection the provision has been defined in

chapter IV of the IPC. Some of the provisions are:-

a) SECTION 268 OF INDIAN PENAL CODE 1860:-

Under this section public nuisance has been defined. In this the following
ingredients has to be fulfilled:-
(i) A person is guilty of an offence if he does any act, or an illegal
omission.

(ii) Such act or illegal omission must cause any ‘common injury’, danger
or annoyance to the public or to the people in general who dwell or
occupy property in the vicinity or obstruction, danger or annoyance to
persons who may have occasion to use any public right.

(iii) Such act or illegal omission must necessarily cause injury.

3) SECTION 290 OF THE INDIAN PENAL CODE 1860:-

a) It provides punishment for public nuisance (which includes pollution

cases also) in cases not otherwise provided for. These offences are
punishable with fine which may extend to 200 rupees.

b) In K.Ramakishnan v. State of Kerala 217 the Kerala High Court held that
smoking , in any form, in public place is a public nuisance and cases can be filed
under section 290 of the Penal Code as it is violative of Right to life provided
under Article 21of the Constitution. Sections 269 to 290 of I.P.C. provide
punishment for public nuisance.

4) SECTION 277 OF THE INDIAN PENAL CODE 1860:-

a) As regards to water pollution section 277 requires: –

(i) There must be a voluntary corruption or fouling waters.

(ii) The water must be of a public spring or reservoir.

(iii) The water must be rendered less fit for the purpose for which it is
ordinarily used.

b) Fouling of the water of river running in a continuous stream is

not an offence under section 277 of IPC. But yet it may be an
offence under section 290, if evidence shows that the act was
such as to cause common injury or danger to the public.

REMEDIES OF ENVIRONMENTAL PROTECTION IN CRPC

The provisions of Chapter X of the Criminal Procedure Code of 1973

provide effective, speedy and preventive remedies for public nuisances cases
including insanitary conditions, air, water and noise pollution. It contains
provisions for enforcement of various provisions of the substantive law.

Section 133 of the Criminal Procedure Code provides that a district

magistrate or sub divisional magistrate or any other executive magistrate
specially empowered on this behalf by the State government can make a
conditional order to remove such nuisance, and if the nuisance maker objects to
do so, the order will be made absolute.

a) The remedy under section 133 of Cr. P.C. has several advantages that should
lead to its choice in seeking to prevent environmental damage. Any person can
simply complain to an executive magistrate to set it in motion keeping in mind
the mandatory nature that has been read into section 133.

b) It is also comparatively speedier and when evidence is taken under section

138 it is to be taken as in summons case which provided for trial in a summary
manner.

Section 144 of the Criminal Procedure Code confers powers on an executive

magistrate to deal with emergent situations by imposing restriction on the
personal liberties of individuals, whether in a specific locality or in a town itself,
where the situation has the potential to cause unrest or danger to peace and
tranquility in such an area, due to certain disputes.In addition s. 144 of Cr. P.C
provides for situations of emergency where orders can be passed exp-parte,
without giving notice etc. The magistrate has wide powers under s.133 to stop or
remove the nuisance even he can pass orders requiring public bodies to perform
their mandate.

12.Wildlife protection Act, 1972

Wildlife (Protection) Act, 1972: The Act was enacted for the protection of
plants and animal species.

a. It extends to the whole of India except the State of Jammu and

Kashmir.
b. Prior to this legislation, India had only five designated national parks.
At present, there are 101 National Parks in India.
Salient Features of the Act
 Prohibition of hunting: It prohibits the hunting of any wild animal
specified in Schedules I, II, III and IV of the act.

Exception: A wild animal listed under these schedules can be hunted/

killed only after getting permission from the Chief Wildlife Warden
(CWLW) of the state if:
It becomes dangerous to human life or to property (including
standing crops on any land).
It is disabled or suffering from a disease that is beyond recovery.

 Prohibition of Cutting/Uprooting Specified Plants: It prohibits the

uprooting, damage, collection, possession or selling of any specified
plant from any forest land or any protected area.
 Exception: The CWLW, however, may grant permission for
uprooting or collecting a specific plant for the purpose of education,
scientific research, preservation in a herbarium or if a person/institution
is approved to do so by the central government.

 Declaration and Protection of Wildlife Sanctuaries and National

Parks: The Central Government can constitute any area as a
Sanctuary, provided the area is of adequate ecological, faunal, floral,
geomorphological, natural or zoological significance.
1. The government can also declare an area (including an area
within a sanctuary) as a National Park.
2. A Collector is appointed by the central government to
administer the area declared as a Sanctuary.

 Constitution of Various Bodies: The WPA act provides for the

constitution of bodies to be established under this act such as the
National and State Board for Wildlife, Central Zoo Authority and
National Tiger Conservation Authority.

 Government Property: Hunted wild animals (other than vermin),

animal articles or meat of a wild animal and ivory imported into India
and an article made from such ivory shall be considered as the property
of the Government.

13.Stockholm Declaration, 1972

The United Nations hosted the very first conference on the

Human Environment which was held in 1972 in Stockholm (Sweden),
and officially it is known as the Stockholm Declaration of 1972. The
conference was held for a basic common outlook on how to address
the challenge of conserving and enhancing the human environment.

The Stockholm Declaration, 1972 comprises the proclamation of 26

principles and several other submissions of recommendations. Every principle
which is laid down in the Stockholm declaration is an important provision of
the declaration. These 26 principles are as follows:

Principle 1: Right to Protect Environment

Article 21 of the Indian Constitution which talks about Right to life

includes Right to a healthy environment as well, It is the human right
of a man to live in a healthy environment and to protect the
environment and the human can take any legal action against the one
who is destroying the environment, as the right to a healthy
environment is a fundamental right of a person.
Principle 2: Management of Natural Resources
The human must manage the natural resources available on earth and
it applies to all the natural resources which include air, water, land and
samples of the natural ecosystem so that the upcoming generations
would also be able to enjoy the natural resources.

Principle 3: Management of Renewable Resources

In the war of saving our resources, the human community needs to

come up as one unit to maintain the capacity of the earth to produce
vital renewable resources.

Principle 4: Conservation of Wildlife

The humans shall take it as a responsibility to safeguard and manage

the heritage of wildlife and its habitat, which are now in danger
because of the acts done by them.

Principle 5: Management of Non-Renewable Resources

As we all are aware of the fact that we are today left with very
limited non-renewable resources, we must contribute in order to save
our non-renewable resources which are available on earth and must
employ them in a way to guard against the danger of their future
exhaustion and must ensure their benefits are shared with the whole
mankind.

Principle 6: Pollution Control

The main causes of pollution are the gases, liquid substances, toxic
substances or other substances which industries or mills discharge and
such quantities of harmful substances pollute the environment in which
we live.

Principle 7: Prevention of Pollution of Seas

The State government shall take some major actions to protect

the seas from pollution, especially from the industries that are
polluting the rivers by discharging hazardous chemicals in it and from
the tourists who throw plastic in rivers and other substances that are
hazardous to human health and to living resources as well.

Principle 8: Economic and Social Development

 Economic and Social development is essential for ensuring a
comfortable living but the act done by humans shall not affect the
environment.

Principle 9: Underdevelopment and Natural Disaster

Environmental deficiencies generated by the conditions of

underdevelopment and natural disasters can best be remedied by
investing in substantial amounts of financial and technological
assistance.

Principle 10: Stability of Prices of Primary Commodities

The stability of prices and adequate earnings for primary

commodities and raw materials are essential for environmental
management in the developing countries.

Principle 11: Environmental Policies

The government should introduce some environmental policies

for controlling pollution and for the development of countries so that
pollution does not affect the present and future generations. The State
should adopt an integrated and coordinated approach to developing
such plans.

Principle 12: Environment Protection Education

Humans need to be educated about environmental protection to

make them much aware about the issue.

Principle 13: Rational Management of Resources

It is essential for every State to adopt an integrated and

coordinated approach for the development of the country and every
plan must work in an effective way. The purpose behind is to achieve
the rational management of resources.

Principle 14: Rational Planning

Rational planning is an essential tool for confirming any clashes

between the needs of development and the need to protect and
improve the environment.

Principle 15: Human Settlement

 The settlement of the human community must be planned and
organised well for the purpose of avoiding the effects on the
environment.

Principle 16: Human Population

The government has to introduce some policies for controlling

the population and must work according to such policies, with the view
for controlling the population on the earth as it is one of the major
issues of the earth and we should work effectively to control it.

Principle 17: Setting of Environmental Pollution Control Agencies at

National Level

For the purpose of saving the environment, the government

must establish Environmental Pollution Agencies at national level and
shall grant them the power to control the pollution at the national
level.

Principle 18: Use of Science and Technology

In this generation Science and technology have developed

completely and it is suggested that the government should take some
help of science and technology to control the pollution and save the
environment for a better tomorrow.

Principle 19: Ban on Nuclear Weapons

No country should use the nuclear weapon against any country,

nuclear weapons must be eliminated by every country.

Principle 20: Education in Environmental Matters

The earth is suffering from pollution and it is essential to educate

humans about environmental matters to make people aware of the
issues of the environment, so that every individual, enterprise and
community could put their joint efforts for protecting and improving
the environment in its full human dimension.

14.Ancient Indian Approach to Environmental pollution

Indian texts such as the Arthashastra, Sathapatha Bhramanas, Vedas,

Manusmriti, Ramayana, Mahabharata etc., enable us to understand the
concepts of environment conservation and maintaining forest ecology.
Significant care was provided for natural resources, the five primary
elements were worshipped and considered symbolic during ancient India-
‘earth’, ‘water’, ‘light’, ‘cosmos’ and ‘air’. The sacred book such as Vedas,
Upanishads, and Puranas gives a clearer view regarding the relationships
that exist between nature and man along with the liability of mankind
towards nature.

Ancient literature on Environment Protection

Kautilya’s Arthashastra

Kautilya, also known as Chanakya, was a minister of Chandragupta

Maurya. The book formulated by him is a thesis on the government and
economies of ancient India. The book provided information regarding
rainfall regimes, soil types and suitable irrigation techniques in specific
micro ecological context.

Manusmriti

The Manusmriti was written in the post-Vedic age, it is the world’s first
ethical collection on human jurisprudence, presented by Maharshi Manu,
which was derived immediately post Vedic age.

Vedas, Puranas and Upanishads

The Vedas encompasses knowledge of various concepts regarding nature

and life, such as ecological balance, environment conservation and
weather cycle. This gives a brief and transparent picture of how people in
ancient India were concerned about protection and cleaning of the
environment.

The Hindu philosophy in these texts mostly revolves around forests,

wildlife and trees. Issues such as deforestation have been addressed in
these texts, and was prohibited and termed as a punishable offence

Environmental Awareness during Indus Valley Civilization

Environment awareness during this civilization could be understood by the

city planning and social structure of the city. However, the prime reason
for the fall of this civilisation would be the environmental changes.

In various Coins and seals of Harappa, wide variety of animals were

included such as elephants, rhinoceroses etc.
The continuity of a sacred tree in India called as, Ficus religiosa is
depicted in the seals of the Indus civilization, this is also associated with
 Buddhism and is also represented in the sculptures of various Buddhist
place of worships and continues to be idolized in various religious shrines
of the Hindus and the Muslims.

The seal of “Pashupati”, who was a man surrounded by animals, proved

that the people during this time often went to the forests to spend a part
of their life.

15.How PIL is an instrument of Environmental pollution

PILs are the legal practices undertaken to safeguard the rights of

economically weaker and vulnerable communities as well as to effect
changes in the development of social policies, monitoring state
institutions like prisons, asylums, and protective homes, fieldwork,
investment, assessment, compliance, and enforcement, campaigning,
on ‘not-for-profit’ terms. Petitions pertaining to environmental
pollution, disturbance of ecological balance, drugs, food adulteration,
maintenance of heritage and culture, antiques, forest and wildlife and
other matters of public importance are now taking the stage.

A PIL can be filed with respect to the Environmental degradation under

the following circumstances:

 Causing Environmental Pollution in any form which is likely to cause

harm to the public.
 Causing violation of the basic Human rights of the poor by
disregarding them. For e.g. if a farming land has been taken away
from a farmer and not being paid proper compensation for the
same.
 Default in duty by the municipal corporations or the panchayats like
not taking proper care of the water and sanitation facilities in the
locality.
 If there is a conflict between the religious rights and the
environmental issue arises due to the same. For e.g. use of
loudspeakers in the temples or mosque creating noise pollution.
 Short Answers:

1. Eco System
Man cannot escape from his physical environment, which includes plants and
animals. An assemblage of species of plants and animals inhabiting a common
area and having effects on one another is known as ‘biotic community’. A
combination of such biotic community with the physical environment is called
‘ecosystem’. The United States Council on the Environment Quality observed
that “the interdependence of living and non-living parts i.e. man, animals,
plants, forests, lakes, etc. make eco-system”.

The ecosystem doesn’t remain constant, as changes take place in it continuously

in one form or the other. A small change even in one part of the ecosystem will
have an impact on the entire system.

2. Ecology
Ecology is the scientific study of the distributions, abundance and relations
of organisms and their interactions with the environment. Ecology includes
the study of plant and animal populations, plant and animal communities
and ecosystems. Ecosystems describe the web or network of relations
among organisms at different scales of organization. Since ecology refers
to any form of biodiversity, ecologists research everything from tiny
bacteria's role in nutrient recycling to the effects of tropical rain forest on
the Earth's atmosphere. The discipline of ecology emerged from the
natural sciences in the late 19th century. Ecology is not synonymous with
environment, environmentalism, or environmental science. Ecology is
closely related to the disciplines of physiology, evolution, genetics and
behavior.

Like many of the natural sciences, a conceptual understanding of ecology

is found in the broader details of study, including:

 life processes explaining adaptations

 distribution and abundance of organisms
 the movement of materials and energy through living communities
 the successional development of ecosystems, and
 the abundance and distribution of biodiversity in context of the
environment.

3. Biomes

Biome, also known as a major life zone, is an area that includes

communities of plants and animals that have a common adaptation to that
particular environment. It is the largest geographic biotic unit that
includes various communities which are named after the dominant
features of that region – like grasslands, deserts or forests. Aspects like
 the temperature, soil, and water help us to identify the kind of life that
exists in a biome.

Biomes can be classified into three types, namely terrestrial, freshwater

biomes and marine biomes. Terrestrial biomes include grasslands,
deserts, tropical forests. Freshwater biomes include polar freshwaters,
large lakes, tropical and sub-tropical coastal rivers, temperate coastal
rivers and much more. Marine biomes include continental shelves, tropical
coral, and kelp forests.

Sometimes, the boundaries between biomes merge; such a transitional

area is called an ecotone. General examples include riparian areas and
salt marshes.

Biomes can be classified into three types, namely terrestrial, freshwater

biomes and marine biomes.

4. Ozone Depletion

Ozone layer: The ozone layer is the common term for the high
concentration of ozone that is found in the stratosphere around 15–30km
above the earth's surface. It covers the entire planet and protects life on
earth by absorbing harmful ultraviolet-B (UV-B) radiation from the sun.

Ozone Depletion: Ozone layer depletion is the gradual thinning of the

earth’s ozone layer present in the upper atmosphere. Ozone depletion also
consists of a much larger springtime decrease in stratospheric ozone
around Earth's polar regions, which is referred to as the ozone hole.

Cause of Ozone depletion:

The main cause of ozone depletion and the ozone hole is manufactured
chemicals, especially manufactured halocarbon refrigerants, solvents,
propellants, and foam- blowing agents (chlorofluorocarbons (CFCs),
HCFCs, halons). Since the early 1970's, scientists observed reduction in
stratospheric ozone and it was found more prominent in Polar Regions.
ODS substances have a lifetime of about 100 years.

Effects of Ozone Layer Depletion

The depletion of the ozone layer has harmful effects on the human health,
animals, environment and marine life. Studies demonstrate that an
increase in UV-B rays causes a higher risk of skin cancer, plays a major
role in malignant melanoma development, sunburns, quick ageing, eye
 cataracts, blindness and weekend immune system. Direct exposure to
ultraviolet radiations also leads to skin and eye cancer in animals.

UV-B rays negatively affect plants, crops. It may lead to minimal plant
growth, smaller leaf size, flowering and photosynthesis in plants, lower
quality crops for humans. And decline in plant productivity would in turn
affect soil erosion and the carbon cycle.

Planktons and zooplankton are greatly affected by the exposure to UV-B

rays. These are higher in the aquatic food chain. If the planktons declines,
it would likely have wide-reaching effects for all marine life in the lower
food chain.

Solutions to Ozone Layer Depletion:

Every individual should also take steps to prevent the depletion of the
ozone layer. One should avoid using pesticides and shift to natural
methods to get rid of pests instead of using chemicals. The vehicles emit a
large amount of greenhouse gases that lead to global warming as well as
ozone depletion. Therefore, the use of vehicles should be minimized as
much as possible. Most of the cleaning products have chemicals that
affect the ozone layer. We should substitut that with eco-friendly
products. Maintain air conditioners, as their malfunctions cause CFC to
escape into the atmosphere.

5. Global warming
Global warming is the increase in the average temperature of Earth's
near-surface air and oceans since the mid-20th century and its projected
continuation caused chiefly by increasing concentrations of greenhouse
gases namely Carbon Dioxide, Methane, Nitrous Oxide, Hydro
fluorocarbons (HFCs), Per fluorocarbons ( PFCs), Sulphur
Hexafluoride(SF6) resulting from human activities such as burning of fossil
fuels, deforestation, industrial processes and other sources.

The Greenhouse Effect:

The Greenhouse Effect refers to the gradual warming of the Earth's
atmosphere. The earth with its blanket of atmosphere constitutes a
'Greenhouse' according to some climatologists. Greenhouse Gases (GHGs)
trap the heat radiated off the surface of the earth,in the earth's
atmosphere and thus result in increasing the temperature of earth.
Greenhouse Gases have always been present in the atmosphere but their
concentrations have increased in the last century.
 Causes of Global Warming:
Agricultural sector, burning of agriculture residues and waste disposal are
smaller contributors of such emissions. It has been widely agreed upon by
a majority of climatologists that human activities are responsible for most
of the warming since they enhance the Earth's natural greenhouse effect.
Natural factors like solar activity and volanic emissions have made an
almost insignificant contributions Global warming over the past century.

Effects of Global Warming:

A rise in global temperatures is expected to cause several changes and
damaging effects the foremost among them being Rise in Sea levels.
Global Warming will pose a serious threat to human health. By extending
zones for insects, it will lead to higher incidences of infectious tropical
diseases like dengue and malaria. Global Warming leads to extreme
Weather changes and has reportedly contributed to more frequent
incidences of weather changes such as hurricanes, droughts, tropical
storms and floods especially in countries in Asia and Africa.

6. Sustainable development
‘Sustainable Development’ is concerned with the rate of
consumption and use of natural resources. The principle of Sustainable
Development attempts to maintain a balance between development and
the environment. It promotes inter-generational equity, i.e. better quality
of life for present and future generations. The benefit from development
ought to be equated with the impact on the environment for such
development. While development is important or in fact necessary, the
impact on the environment ought to be studied before undertaking such
development. The basic concept of sustainable development aims to
maintain a balance between economic advancement while protecting the
environment in order to meet the needs of the present as well the future
generations. The two pillars of the doctrine of Sustainable Development
are Polluter Pays principle and Precautionary principle.
The doctrine of Sustainable Development was implemented by the
Supreme Court in the case of Vellore Citizen Welfare Forum vs. Union of
India. The Supreme Court held that the precautionary principle and
polluter pays principle are a part of the environmental law of India.
Basic objectives of Sustainable Development
The principle of sustainable development seeks to achieve the
following three basic objectives:
(1) to maintain production of goods and services for development
and efficiency;
 (2) conversation and management of neutral resources including
preservation of bio-diversity and maintenance of biological integrity;
(3) maintenance and enhancement of the quality of life adopting
the principle of equitable distribution of wealth and material resources.

7. Biosphere

The word biosphere came from the Greek “bios” that refers to “Life” and
“sphaira” that refers to the Earth’s shape. Biosphere includes both non-
living elements (like sunlight and water) and living organisms. The
biosphere is that part of the Earth where living things thrive and live. It is
the portion of the planet that can sustain life. The Earth has three other
spheres: the atmosphere, the lithosphere, and the hydrosphere. However,
not all of them are inhabited by living things. The portions or regions
where organisms are found are collectively called the biosphere. Thus, it
can also be said that the biosphere is the sum of all the ecosystems on
Earth. The biosphere is mainly described by the reference of the whole life
and living organisms around the Earth. It consists of five levels of
organizational structure:
i. Biomes
ii. Ecosystem
iii. The community of species
iv. Population
v. Organisms

Factors Affecting Biosphere

The biosphere around the Earth is always changing by the living and non-
living things. Different factors are affecting the biosphere and the activities of
the living organisms covered by the ecosystem. The following three factors are
affecting the biosphere in different ways:

Earth tilting. The tilting of the Earth affects the biosphere largely. As it makes
one side of the Earth cooler for some time whereas the other side remains
warmer for a period. The seasons are one of the physical factors that determine
the types of species that will thrive in a particular region.

Natural disasters. Natural disasters can leave a huge and long-lasting impact
on the biosphere. Such disasters like volcano eruption, earthquake, flood, etc.,
destroy the biosphere. The rock, water, lava, and other possible things ruin the
ecosystem.

Some smaller factors. The other smaller factors, like the change of climate,
water, erosion of the soil, or any other kind of change, affect the biosphere and
disturb different species’ lives.
8. Air Pollution

Section 2(b) of The Air (Prevention and Control of Air Pollution) Act, 1981
defines ‘air pollution’ as the presence of any air pollutant in the
atmosphere. Air pollution refers to the release of pollutants into the air—
pollutants which are detrimental to human health and the planet as a
whole.

Causes of Air Pollution

 Combustion of fossil fuels, like coal and oil for electricity and road
transport, producing air pollutants like nitrogen and sulfur dioxide
 Emissions from industries and factories, releasing large amount of
carbon monoxide, hydrocarbon, chemicals and organic compounds
into the air
 Agricultural activities, due to the use of pesticides, insecticides, and
fertilizers that emit harmful chemicals
 Waste production, mostly because of methane generation in
landfills.

Effects of Air Pollution

 The effects of air pollution on the human body vary depending on

the type of pollutant and the length and level of exposure—as well
as other factors, including a person’s individual health risks and the
cumulative impacts of multiple pollutants or stressors. Air pollution
is indeed a significant risk factor for human health conditions,
causing allergies, respiratory and cardiovascular diseases as well as
lung damage.
 Air pollution is a major contributor to global warming and climate
change. In fact, the abundance of carbon dioxide in the air is one of
the causes of the greenhouse effect.
 Air pollution has a major impact on the process of plant evolution
by preventing photosynthesis in many cases, with serious
consequences for the purification of the air we breathe.

Prevention of Air Pollution

Renewable fuel and clean energy production:

The most basic solution for air pollution is to move away from fossil fuels,
replacing them with alternative energies like solar, wind and geothermal.

Energy conservation and efficiency:

 Producing clean energy is crucial. But equally important is to reduce our
consumption of energy by adopting responsible habits and using more
efficient devices.

Eco-friendly transportation:

Shifting to electric vehicles and hydrogen vehicles, and promoting shared

mobility (i.e carpooling, and public transports) could reduce air pollution.

Green Building:

From planning to demolition, green building aims to create

environmentally responsible and resource-efficient structures to reduce
their carbon footprint

9. Noise Pollution
Not all sound is considered noise pollution. The World Health Organization
(WHO) defines noise above 65 decibels (dB) as noise pollution.

CAUSES OF NOISE POLLUTION:

1. Traffic Noise
2. Air traffic Noise
3. Construction sites
4. Catering and night life
5. Animals
Effects of Noise Pollution:
1. Physical: Respiratory agitation, racing pulse, high blood pressure,
headaches and, in case of extremely loud, constant noise, gastritis,
colitis and even heart attacks.
2. Psychological: Noise can cause attacks of stress, fatigue, depression,
anxiety and hysteria in both humans and animals.
3. Sleep and behavioral disorders: Noise above 45 dB stops you from
falling asleep or sleeping properly. Remember that according to the
World Health Organization it should be no more than 30 dB. Loud noise
can have latent effects on our behaviour, causing aggressive behaviour
and irritability.
4. Our oceans are no longer quiet. Thousands of oil drills, sonars, seismic
survey devices, coastal recreational watercraft and shipping vessels
are now populating our waters, and that is a serious cause of noise
pollution for marine life. Whales are among the most affected, as their
hearing helps them orient themselves, feed and communicate. Other
than marine life, land animals are also affected by noise pollution in
 the form of traffic, firecrackers etc., and birds are especially affected
by the increased air traffic.

10.Climatic change

Climate change has various impacts on the health of human beings in

India. There are a number of increasing cases in India where poor
people are likely to get affected because of malnutrition and child
stunting. There is an impact of climate change on human beings in
various ways.
There are a number of factors for climate change in India which are
affecting human beings, animals, plants and trees. These factors will likely
impact the agriculture, ecosystem and water levels in India.

 Change in Rainfall patterns since 1950: it has been observed that there
is a significant decline in monsoon rainfall and the frequency of heavy
rainfalls has also increased.

 Extreme heat is also a significant factor as India is already

experiencing a warm climate.
 Droughts are also a major factor which have major consequences
from the past many years. Droughts are the main reason for
affecting more than India’s half crops every year and due to that,
there is a huge fall in crop production.
 Melting of Glaciers is also one of the causes of climate change and
it’s threatening the stability of Indian rivers, especially of
Brahmaputra and Ganges.

Health effects due to food insecurity

There is an increase in rainfalls and temperature which is likely to affect the

crops and agriculture in India. Unnecessary rainfalls are the main reason for
causing flash floods which are destroying crops every year.

Health effects of rising sea-levels

Due to an increase in sea levels, deaths and injuries due to floods are very
common. And, it can cause the availability of freshwater due to the intrusion of
saltwater.

Health effects of extreme weather events

The number of natural disasters are increasing rapidly and the result of that is
killing of people, or it’s making people homeless or injuring them.
Health effects of retracting glaciers

Due to rise in temperature, snowmelt can occur which will cause the shift in the
timing of spring. And excessive melt in snow can cause flash floods. This can
affect the availability of freshwater for human use and for other purposes.

11. Environmental impact assessment

Environmental Impact Assessment is a tool for planning and decision
making for approval of projects and policies. The main importance of the
assessment is to predict the future impacts of the policies and projects
and their environmental consequences. The Environmental Impact
Assessment does not take decisions but it will assist the decision-makers
by providing future impacts or consequences of the projects or policies.
The decision-makers will look into the negative aspects of the project on
the Environment to prevent such consequences in society. Also, it is not
biased and restricted to negative aspects alone it will also look into
positive aspects of the projects and policies and suggest changes for the
sustainable growth of the environment.
Objectives of Environmental Impact Assessment
The main objectives of the Environmental Impact Assessment are to
protect human health and safety. Keep away the economy from
irreversible changes and serious impact on the environment. Also, in order
to safeguard the natural resources, areas and protect ecosystems. The
main aim of the assessment is to link the environment with safe and
sustainable development.
Importance of Environmental Impact Assessment
EIA is economically feasible because it takes less time compared to other
assessment techniques which may not be precise and not benefit the
organization. The role of Environmental Impact Assessment is to predict
and evaluate the causes and impacts to the environment due to the
proposed projects and policies and to analyse the effects of the projects or
policies in the environment and to prevent that beforehand.

12.Strict Liability

The principle of strict liability evolved in the case of Rylands v Fletcher.

Essentials of Strict Liability

i.Dangerous Substances: The defendant will be held strictly liable only if a

“dangerous” substances escapes from his premises.
ii. Escape: One more essential condition to make the defendant strictly liable is
that the material should escape from the premises and shouldn’t be within the
reach of the defendant after its escape.
iii. Non-natural Use: To constitute a strict liability, there should be a non-
natural use of the land. In the case of Rylands v. Fletcher, the water collected in
the reservoir was considered to be a non-natural use of the land. Storage of
water for domestic use is considered to be natural use.

These three condition needs to be satisfied simultaneously to constitute a

strict liability.

Exception to the Rule of Strict Liability

There are certain exceptions to the rule of strict liability, which are-

1.Plaintiff’s Fault: If the plaintiff is at fault and any damage is caused, the
defendant wouldn’t be held liable, as the plaintiff himself came in contact with
the dangerous thing.

2.Act of God: The phrase “act of God” can be defined as an event which is
beyond the control of any human agency. Such acts happen exclusively due to
natural reasons and cannot be prevented even while exercising caution and
foresight. The defendant wouldn’t be liable for the loss if the dangerous
substance escaped because of some unforeseen and natural event which
couldn’t have been controlled in any manner.

3. Act of the Third Party: The rule also doesn’t apply when the damage is
caused due to the act of a third party. The third party means that the person is
neither the servant of the defendant, nor the defendant has any contract with
them or control over their work. But where the acts of the third party can be
foreseen, the defendant must take due care. Otherwise, he will be held
responsible.
4. Consent of the Plaintiff: This exception follows the principle of violenti non
fit injuria.

13.Right to wholesome environment

The right to a wholesome environment or the right to a clean and healthy

environment is a basic human right. In the year 2012, the then Union
Minister of State for Environment and Forests Jayanthi Natarajan
suggested that the right to a wholesome environment is a fundamental
right and needs to be safeguarded.

Section 2 of the environmental (protection) Act, 1986 provides that the

basic environmental element includes air, water, land, humans and all
other creatures. Besides, the term wholesome environment connotes the
healthy and harmless standard of human habitat. In 1985, the first liberal
judicial interpretation of Article 21 in relation to establishing the Right to a
wholesome environment as an integral part of the Right to life and
personal liberty was observed and upheld by the Apex court in the case of
Rural Litigation and Entitlement Kendra and Ors. v. State of UP.

Advanced clarity of approaching the Right to a wholesome environment as

a component of Article 21 was elucidated in the case of Subhash Kumar v.
State of Bihar[2]. In which, the word ‘life’ given in the stated Article was
interpreted in a broad perspective, and the court held that it would
expand its ambit to include environmental protection with it.

14.NGT
In 2010, the government enacted the National Green Tribunal
(NGT) Act which enabled the creation of a special green tribunal that
would handle the cases concerning environmental issues. The
inspiration for this came from Article 21 of the Constitution of India
which guarantees the citizens of India a right to a clean and healthy
environment. After the enactment of the National Green Tribunal Act,
2010, India became the third country in the world after New Zealand
and Australia which has special fast-track courts and quasi-judicial
bodies that deal with environment-related cases.

Objectives of the National Green Tribunal

There are three important objectives of the National Green Tribunal, they are:

 The speedy and effective disposal of all the cases related to

environmental protection and other natural resources. All the previous
pending cases will also be decided by the Tribunal.
  Its main aim is to legally enforce all the rights relating to the
environment.
 It accounts for providing compensation and justice to all the affected
people in case of any damage.

Powers and Procedure of the Tribunal: Section 19

The Tribunal shall not be bound by the Civil Procedure Code, 1908
or rules of Indian evidence Act, 1872. The tribunal has the power to
regulate its own procedure.

The tribunal is vested with the powers of Civil court in trying the
suit as prescribed under CPC,1908.

 Summoning and enforcing the attendance of any person and

examining him on oath
 Requiring the discovery and production of documents
 Receiving evidence on affidavits
 Issuing commissions for the examination of witnesses or documents
 Reviewing its decision
 Dismissing an application for default or deciding it ex parte
 Setting aside any order of dismissal of any application for default or
any order passed by it ex parte;
 Pass an interim order (including granting an injunction or stay) after
providing the parties concerned an opportunity to be heard, on any
application made or appeal filed under this Act.

15.Nairobi Convention, 1982

Nairobi Convention is one such engagement undertaken by the States to
ensure the conservation of coasts, rivers and oceans in the Western
Indian Ocean Region. Nairobi Convention forms the flagship programme of
the United Nations Environment Programme’s Regional Seas Programme.
The Convention, signed in 1985, was effected from 1996. It aims at the
sustainable development of the marine and coastal environment by
international cooperation.
The Convention, signed in 1985, was effected from 1996. It aims
at the sustainable development of the marine and coastal environment
by international cooperation. It connects the nations sharing the
Western coastal line of the region together to pursue the vision of
healthier coasts and oceans.
Article 4 imposes general obligations on the parties for effective
implementation of the Convention. It mandates States to adopt
appropriate measures to combat marine pollution, thereby facilitating
sage management of natural resources.
 The framework of the Convention extends to include
preservation of the atmosphere and diverse marine species,
threatened by the humanly induced activities, as propounded under
Article 10 and 11 respectively. It further provides for the situations of
imminent dangers by promoting the usage of contingency plans and
measures (Article 12).
16.Bio-diversity
The Biological Diversity Act, 2002 was born out of India’s attempt to
realise the objectives enshrined in the United Nations Convention on
Biological Diversity (CBD) 1992 which recognizes the sovereign rights of
states to use their own Biological Resources.
Biodiversity: The biodiversity means the variability among living
organisms from all sources and the ecological complexes of which they are
part and includes diversity within species or between species and of
ecosystems
Biological Resources: The biological resources means plants, animals and
micro-organisms or parts thereof, their genetic material and by-products
(excluding value added products) with actual or potential use or value, but
does not include human genetic material.
The Biological Diversity Act, 2002
The act was enacted in 2002, it aims at the conservation of biological
resources, managing its sustainable use and enabling fair and equitable
sharing benefits arising out of the use and knowledge of biological
resources with the local communities.

17.Article 21 of Constitution
According to Article 21 of the constitution, “no person shall be deprived
of his life or personal liberty except according to procedure established by
law”. Article 21 has received liberal interpretation from time to time after
the decision of the Supreme Court in Maneka Gandhi vs. Union of India,
(AIR 1978 SC 597). Article 21 guarantees fundamental right to life. Right
to environment, free of danger of disease and infection is inherent in it.
Right to healthy environment is important attribute of right to live with
human dignity. The right to live in a healthy environment as part of Article
21 of the Constitution was first recognized in the case of Rural Litigation
and Entitlement Kendra vs. State, AIR 1988 SC 2187 (Popularly known as
Dehradun Quarrying Case). It is the first case of this kind in India,
involving issues relating to environment and ecological balance in which
Supreme Court directed to stop the excavation (illegal mining) under the
Environment (Protection) Act, 1986. In M.C. Mehta vs. Union of India, AIR
1987 SC 1086 the Supreme Court treated the right to live in pollution free
 environment as a part of fundamental right to life under Article 21 of the
Constitution.
18.Acid rains
Acid Rain proposes a very harmful affect on the ecosystems as well.
The acidity in the water can cause many fish and sea life to die, and that
can throw off the whole food-chain. A test was done and the results,
which were published in 1990, showed that most of the lakes in the
Adirondack area had low pH levels and that the lakes with these low levels
had no fish.
Acid rain is a rain or any other form of precipitation that is
unusually acidic, meaning that it has elevated levels of hydrogen ions (low
pH). It can have harmful effects on plants, aquatic animals, and
infrastructure.
Acid rain is caused by emissions of sulphur dioxide and nitrogen
oxide, which react with the water molecules in the atmosphere to produce
acids. Some governments have made efforts since the 1970s[1] to reduce
the release of sulfur dioxide and nitrogen oxide into the atmosphere with
positive results. Nitrogen oxides can also be produced naturally by
lightning strikes, and sulphur dioxide is produced by volcanic eruptions.
Acid rain has been shown to have adverse impacts on forests,
freshwaters, and soils, killing insect and aquatic life-forms, causing paint
to peel, corrosion of steel structures such as bridges, and weathering of
stone buildings and statues as well as having impacts on human health.
19.Absolute liability

According to the rule of absolute liability, if any person is engaged in an

inherently dangerous or hazardous activity, and if any harm is caused to any
person due to any accident which occurred during carrying out such inherently
dangerous and hazardous activity, then the person who is carrying out such
activity will be held absolutely liable. The exception to the strict liability rule also
wouldn’t be considered. The rule laid down in the case of MC Mehta v UOI was
also followed by the Supreme Court while deciding the case of Bhopal Gas
Tragedy case. To ensure that victims of such accidents get quick relief through
insurance, the Indian Legislature passed the Public Liability Insurance Act in the
year 1991.

ABSOLUTE LIABILITY = STRICT LIABILITY – EXCEPTIONS

The court gave two basic reasons justifying the rule:

Any enterprise carrying on hazardous activities for private profits have the social
responsibility to compensate those suffering from any accident and it should
absorb such loss as an item of overhead expenses.

The enterprise alone has the resources to discover and guard against such
hazards and dangers.

20.Polluter pays principle

The ‘polluter pay’ principle essentially holds the polluter liable for the
pollution caused to the environment. The polluter is liable for every damage
caused to the environment. So according to the ‘polluter pay principle’, the
polluter has to not only compensate the victims of pollution but also
compensate for the restoration of environmental degradation caused Under
1972 and 1974 OECD Recommendation(1)(2), the measures to be taken by
the polluter for controlling the pollution is decided by public authorities so
that the environment is in acceptable state post the industry operation.
Therefore, the polluter bears the cost of health hazard caused to the public as
well as the cost of restoration of the environment. In other words, the costs
of the measures should reflect on the cost of the goods and services, the
production and/or consumption of which led to pollution. The cost of the
measures should not be accompanied by the subsidies as it would lead to
distortion in international trade and investment.
21.Public trust doctrine
Public trust Doctrine was propounded by the Roman Empire 1500 years
ago. Roman King Justinian stated a section that “the air, the water, and
the sea are all common to the public and is entitled to be used by anyone
due to the law of nature”.
Objective of Public Trust Doctrine
Traditionally Public trust doctrine was only limited to protect the rights like
the right to fisheries, hunting, boating, navigation for anchoring or standing.
But in the present scenario, it checks the state action for management of the
resources and it also questions its action. It states the state as a trustee and
the state holds all the resources. It is the duty of the state to preserve,
prevent and protect the resources for the public use. The state is expected to
perform its positive duty.
Public Trust Doctrine in India
The Public trust doctrine in India evolved through landmark judgements. The
court stated that as we follow the Common law system our constitution
includes Public trust doctrine in its jurisprudence. The court took procedural
and substantive rights seriously and applied this doctrine for the protection of
Environment. The court also referred to various articles of the Indian
constitution such as article 48A[vi] which made a way through Article 21[vii]
by including the right to clean environment under the right to life and Article
39[viii] [DPSP] which states proper distribution of the resources.
22.Bonn Convention
Bonn Convention is a name of the international treaty on the conservation
of migratory species of wild animals, that was adopted in Bonn, Germany
in 1979. It came into force in 1983. The convention is simply known as
Bonn Convention or CMS (Convention on Conservation of Migratory
Species) which is an important part of international environment
conventions and protocols.
Aim of the Bonn Convention
The aim of the Bonn Convention is to protect the migratory species of wild
animals and their habitats. It is the only global treaty concerning the
migratory species and works under the aegis of the United Nations
Environment Programme. The convention has legally binding agreements
and non-legally binding Memorandum of Understandings (MoUs) which are
tailored according to conservation needs.
Important Facts
Bonn Convention is another name to the Convention on Conservation of
Migratory Species of Wild Animals (CMS.)
The states and the range states from where the migratory species pass
are brought together under CMS to enable measures for their
conservation and protection.
There are two appendices under the Bonn Convention:
Appendix I (Endangered Species)- It comprises the list of those migratory
species that are assessed as being in danger of extinction throughout their
range or in some significant portion of their range. It also defines
endangered species as those with a high risk of extinction in the wild in
near future, as also defined by IUCN.
Appendix II – It comprises those migratory species that need conservation
through international agreements and will significantly benefit from such
conservational efforts.
23.Cruelty to animals
Animal cruelty means when someone hurt animals, causes unnecessary
pain or does not take care is called animal cruelty. In India cruelty and
inhumanity towards animals are increasing day by day.
The Preservation of cruelty Act 1960 was established by the central
government to promote animal welfare and to protect animal from
unnecessary pain and suffering. Under this act police have all the power
to arrest an offender who is involved in illegal activities or even in cruelty
 against Animals. The wildlife Protection Act 1972 is established for the
protection of animals, plants and species. Section 51 of this Act talks
about punishment. Any person who is guilty of offence against this act
shall be punished and imprisoned for 3 year and fine which extends to
twenty five thousands.
24.Trespass
Trespass means entering land possessed by another person or causing a
third party to do so. If the person or object remains on the land despite
the culprit’s duty to remove it, there is a trespass under the common law.
Trespass is a useful environmental tort because civil claims can be based
on the unlawful intrusion of objects onto a person’s land. Historically,
courts have recognized that environmental pollution can qualify as
trespassing. These include small amounts of matter that migrate onto a
plaintiff’s land, such as gasoline that leaks from underground storage
tanks on neighboring properties or small lead deposits emitted from
nearby factories. If a defendant allows a physical contaminant to escape
from her control and enter onto another’s land, she may be liable for
trespass under the common law.
25.Transnational Pollution

Transnational environmental policies are efforts to confront global

environmental issues such as climate change, ozone depletion, or marine
pollution. Environmental policies are transnational when they include
actors from at least two sovereign states.

26.Ramsar Convention
The Ramsar convention, also known as the Convention on Wetland is
an international (intergovernmental) treaty, signed on 2nd February
1971, and came into force in 1975. The name ‘Ramsar’ has been
adopted from the city of Ramsar which is an Iranian city of the
southern shore near the Caspian Sea. It is one of its kind first
intergovernmental international treaties for the conservation of the
environment. The Ramsar convention encourages the designated sites
to conserve the wetlands and the biodiversity in it. The convention’s
mission is the conservation and wise use of all wetlands existing on
this planet through local, national, and international cooperation and
achieving sustainable development throughout the world. The
convention uses a broad definition to define the types of wetlands
covered in its objective, which included rivers, lakes, marshes, wet
grasslands, deltas, estuaries, mangroves, coral-reefs, and man-made
sites such as ponds, paddies, salt pans, and reservoirs, etc.
27.Reserve forest

Reserved forests constitute more than half of the total forest area of
India. It has a certain degree of protection. They are protected by the
respective state governments unlike wildlife sanctuaries and national
parks which are supervised by the Government of India. It is
considered as the most valuable type of forest from the perspective of
conservation. Rights to activities like collecting timber or grazing cattle
or hunting and public entry are banned in these forests. Reserve
forests are the most restricted forests and are constituted by the State
Government on any forest land or wasteland which is the property of
the Government. In reserved forests, local people are prohibited,
unless specifically allowed by a Forest Officer in the course of the
settlement.