Subject: Environmental Law

1. Environmental Pollution
Introduction

Environmental pollution refers to the contamination of natural resources such as air,

water, and soil due to human activities, leading to adverse effects on living organisms
and the ecosystem. In India, the issue of environmental pollution has gained significant
attention, prompting the development of a comprehensive legal framework to address
and mitigate its impacts.

Meaning and Types of Environmental Pollution

Environmental Pollution is defined as the introduction of pollutants into the natural

environment, causing instability, disorder, harm, or discomfort to the ecosystem. The
primary types include:

 Air Pollution: Contamination of the atmosphere by harmful gases and

particulates.
 Water Pollution: Degradation of water quality due to the discharge of pollutants.

 Soil Pollution: Presence of toxic chemicals in the soil, affecting plant and animal
life.
 Noise Pollution: Excessive noise that disrupts the normal acoustic environment.

 Thermal Pollution: Increase in water temperatures due to industrial processes.

Constitutional Provisions

The Indian Constitution incorporates environmental protection through various

provisions:

 Article 21: Guarantees the right to life, which the judiciary has interpreted to
include the right to a healthy environment.

 Article 48A: Directs the State to protect and improve the environment and
safeguard forests and wildlife.

 Article 51A(g): Imposes a fundamental duty on every citizen to protect and

improve the natural environment.
Statutory Framework

India has enacted several laws to combat environmental pollution:

1. The Water (Prevention and Control of Pollution) Act, 1974: Aims to prevent
and control water pollution and establish Pollution Control [Link]

2. The Air (Prevention and Control of Pollution) Act, 1981: Seeks to prevent,
control, and abate air [Link] Jagruti University+3Wikipedia+3iPleaders+3

3. The Environment (Protection) Act, 1986: Provides a framework for the

coordination of activities of various central and state authorities established
under previous environmental [Link]+2Wikipedia+[Link]+2

4. The Public Liability Insurance Act, 1991: Mandates public liability insurance for
industries to provide immediate relief to persons affected by accidents while
handling hazardous substances.

5. The National Green Tribunal Act, 2010: Establishes the National Green
Tribunal for effective and expeditious disposal of cases relating to environmental
[Link]

Judicial Pronouncements

The Indian judiciary has played a pivotal role in environmental protection through
landmark judgments:

 M.C. Mehta v. Union of India (1987): The Supreme Court introduced the
principle of absolute liability for industries engaged in hazardous activities.

 Indian Council for Enviro-Legal Action v. Union of India (1996): Emphasized

the 'polluter pays' principle, holding industries responsible for environmental
[Link]

 Vellore Citizens Welfare Forum v. Union of India (1996): Recognized the

'precautionary principle' and 'polluter pays' principle as essential features of
sustainable development.

Illustrations

 Industrial Pollution: The Bhopal Gas Tragedy highlighted the catastrophic

consequences of industrial negligence, leading to the enactment of stricter
environmental laws.
  Vehicular Emissions: The Supreme Court's directives in the M.C. Mehta case
led to the introduction of compressed natural gas (CNG) in public transport to
reduce air pollution in Delhi.

Conclusion

Environmental pollution poses a significant threat to public health and the ecosystem.
India's legal framework, encompassing constitutional provisions, statutory laws, and
judicial interventions, reflects a commitment to environmental protection. However,
effective implementation, public awareness, and stringent enforcement are crucial to
mitigate pollution and ensure sustainable development.

2. Case Law: M.C. Mehta v/s Union of India (Shri Ram Food case)
Introduction

The case of M.C. Mehta v. Union of India (1987 AIR 1086), popularly known as the
Oleum Gas Leak Case, is one of the most landmark judgments in Indian environmental
law. This case was filed in the aftermath of a gas leak from the Shri Ram Food and
Fertilizer Industries in Delhi, just a few years after the tragic Bhopal Gas Tragedy. The
Supreme Court used this case to lay down the principle of “absolute liability” and
also broadened the scope of Article 21 – Right to Life of the Indian Constitution.

Brief Facts of the Case

 The Shri Ram Food and Fertilizer Industries, located in Delhi, was engaged in
manufacturing hazardous chemicals like chlorine and oleum.

 In December 1985, oleum gas leaked from one of its units, resulting in the death
of one person and causing serious health hazards to several others.

 M.C. Mehta, a public interest lawyer, filed a writ petition under Article 32 seeking
closure of the plant and appropriate action to protect the right to life of the
citizens.

Issues Raised
 1. Whether the hazardous industry should be allowed to operate in a densely
populated area.

2. Whether the principle of strict liability under the Rylands v. Fletcher case is
sufficient for Indian conditions.

3. Whether compensation must be awarded and what standard of liability should be

applied.

Legal Provisions Involved

 Article 21: Right to life and personal liberty.

 Article 32: Right to constitutional remedies.

 Environment (Protection) Act, 1986 (enacted soon after the Bhopal Gas
Tragedy).

 Factories Act, 1948 – Section 41B (Safety provisions after the 1987
amendment).

Judgment and Ratio Decidendi

 The Supreme Court held that in India, the principle of absolute liability would
apply in place of strict liability when an enterprise is engaged in inherently
dangerous or hazardous activities.

 Strict liability under Rylands v. Fletcher had exceptions (like act of God, third-
party intervention, plaintiff’s fault), but the absolute liability principle introduced
here is without exception.

“An enterprise engaged in hazardous activity owes an absolute and non-

delegable duty to the community to ensure that no harm results.”

 The court also ruled that such industries must compensate the victims and that
the burden of proof lies on the industry, not the victim.

 This case laid the foundation for the concept of Public Interest Litigation (PIL)
and environmental justice in India.

Significance of the Case

 Established the doctrine of Absolute Liability.

  Strengthened Article 21 by interpreting it as the right to a safe and pollution-free
environment.

 Inspired later environmental legislations and creation of authorities like the

National Green Tribunal (NGT).

 Encouraged PILs in environmental matters, giving citizens a stronger voice.

Illustration

If a factory producing chemicals in a populated locality causes a gas leak that harms
people, it cannot escape liability by claiming it took all precautions. According to this
ruling, the factory is absolutely liable and must compensate victims, even if it followed
standard safety measures.

Criticism and Analysis

While this judgment was pathbreaking, critics argue that:

 It created ambiguity between strict and absolute liability.

 Enforcement mechanisms still remain weak.

 Compensation processes are often slow and inadequate.

However, it is still one of the most cited and celebrated judgments in environmental
jurisprudence.

Conclusion

The M.C. Mehta v. Union of India (Oleum Gas Leak Case) is a milestone in Indian
legal history that redefined the responsibilities of industries handling hazardous
substances. It not only enhanced the scope of environmental justice but also
protected citizens' fundamental right to life under Article 21. The principles laid down
continue to influence judicial thinking and policy-making in the field of environmental
law.
3. Noise Pollution
Introduction

Noise pollution is an often overlooked but serious form of environmental pollution that
affects human health, comfort, and overall well-being. It refers to unwanted or
excessive sound that can harm or interfere with normal activities such as sleeping,
communication, or hearing. In India, it is not only a social problem but also a legal
issue, regulated under several laws and monitored through judicial intervention.

Definition of Noise Pollution

There is no single statutory definition, but noise pollution can be defined as:

“An unwanted or disturbing sound that interferes with normal activities and may cause
harm to human and environmental health.”

According to the Central Pollution Control Board (CPCB), noise levels above 55 dB
in residential areas during the day and 45 dB at night are considered harmful.

Sources of Noise Pollution

 Industrial sources (machinery, generators)

 Vehicular traffic

 Construction activities

 Loudspeakers, DJ sound systems, marriage processions

 Household gadgets

Legal Provisions Against Noise Pollution

1. Article 21 of the Constitution

o Guarantees the Right to Life, which includes the right to live in a

peaceful, noise-free environment.

2. Environment (Protection) Act, 1986

o Empowers the government to take measures to control environmental

pollution, including noise.
 o Under this, the Noise Pollution (Regulation and Control) Rules, 2000
were enacted.

3. Indian Penal Code (IPC), 1860

o Section 268 – Public nuisance

o Section 290 – Punishment for public nuisance

o Section 291 – Continuance of nuisance after injunction

4. CrPC, 1973 – Section 133

o Magistrates can pass orders to remove public nuisances including noise

pollution.
5. Motor Vehicles Act, 1988

o Regulates horn use, modified silencers, etc.

Noise Pollution (Regulation and Control) Rules, 2000

These rules provide:

 Zoning of areas (Industrial, Commercial, Residential, Silent Zones)

 Time limits for use of loudspeakers (not allowed between 10 p.m. to 6 a.m.)
 Restrictions on fireworks and public address systems

 Empowerment of state authorities to take action

Important Case Laws

1. In Re: Noise Pollution – AIR 2005 SC 3136

o The Supreme Court banned the use of loudspeakers and bursting of

crackers between 10 p.m. and 6 a.m.

o Emphasized that Article 19(1)(a) (freedom of speech) does not include

the right to disturb others through loud sound.

2. Church of God (Full Gospel) v. K.K.R. Majestic Colony Welfare Assn. (2000)
7 SCC 282

o Held that no religion or religious activity can be above public interest,

including the right to silence.
 3. P.A. Jacob v. Superintendent of Police (Kerala HC, 1993)

o Use of loudspeakers in religious institutions must be regulated under law.

Illustration

Imagine someone playing loud DJ music at midnight during a wedding in a residential

area. Even if the event is a celebration, the noise causes sleep disturbance and anxiety
to nearby residents. The police can act under Section 133 CrPC, and the Noise Rules,
2000 to stop the music and penalize the organizers.

Role of Judiciary in Tackling Noise Pollution

 Courts have been proactive in interpreting Article 21 to include freedom from

noise.

 High Courts and Supreme Court have issued directions on festival noise,
firecrackers, traffic noise, and industrial areas.

 Judicial activism has been instrumental in shaping noise regulation laws in

India.

Challenges in Implementation

 Lack of awareness among people

 Poor enforcement by local authorities

 Inadequate monitoring equipment

 Social and religious resistance during festivals or political rallies

Conclusion

Noise pollution is not just an environmental concern, but a violation of fundamental

rights. Indian law, especially through Article 21, ensures that every citizen has the right
to live in a noise-free environment. The judiciary has played a strong role in upholding
this right, but effective enforcement and public cooperation are key to making noise
control successful. Laws are in place, but awareness and responsibility must follow.
4. Provisions relating to hazardous procedures under the Factories
Act
Introduction

The Factories Act, 1948, is a pivotal piece of legislation in India that governs the health,
safety, and welfare of workers in factories. Recognizing the inherent dangers associated
with certain industrial processes, the Act incorporates specific provisions to address
"hazardous processes." These provisions, primarily found in Chapter IVA of the Act
(Sections 41A to 41H), were introduced by the Factories (Amendment) Act, 1987, in
response to the Bhopal Gas Tragedy, a stark reminder of the catastrophic potential of
industrial hazards. The Act aims to minimize the risks to workers and the environment
by imposing stringent duties on factory occupiers involved in such processes.

Meaning and Definition

To understand the provisions, it is crucial to define what constitutes a "hazardous

process." Section 2(cb) of the Factories Act, 1948, defines it as:
 "any process or activity in relation to an industry specified in the First Schedule
where, unless special care is taken, the raw materials used therein or the
intermediate or finished products, by-products, wastes or effluents thereof
would—(i) cause material impairment to the health of the persons engaged in or
connected therewith, or (ii) result in the pollution of the general environment."

This definition highlights the critical elements:

 Specified Industries: The process must relate to an industry listed in the First
Schedule of the Act. This schedule can be amended by the State Government.

 Special Care: The emphasis is on the need for "special care." This implies a
higher standard of diligence and precaution than in ordinary industrial processes.

 Material Impairment to Health: The potential for serious, long-term harm to

workers' health is a key factor.

 Environmental Pollution: The definition also recognizes the potential for

significant damage to the environment.

Key Provisions and Analysis

The Factories Act, 1948, lays down a comprehensive framework to deal with hazardous
processes. Here's an analysis of the key provisions:

 Section 41A: Constitution of Site Appraisal Committees: This section

mandates the State Government to constitute Site Appraisal Committees to
 advise on the location of factories involving hazardous processes. The committee
includes the Chief Inspector of the State, representatives from pollution control
boards, the Department of Environment, and the Meteorological Department.
This provision aims to prevent hazardous industries from being located in
densely populated or ecologically sensitive areas.

 Section 41B: Compulsory Disclosure of Information by the Occupier: This

section places an obligation on the occupier of a factory involved in a hazardous
process to disclose all information regarding the dangers, including health
hazards, and the measures to overcome them. The occupier must also lay down
a detailed health and safety policy, prepare an on-site emergency plan and
disaster control measures, and inform workers and the public in the vicinity. This
provision promotes transparency and ensures that all stakeholders are aware of
the risks involved.

 Section 41C: Specific Responsibility of the Occupier in Relation to

Hazardous Processes: This is a crucial section that outlines the specific duties
of the occupier. These include:

o Maintaining accurate and up-to-date health records and, where applicable,

medical records of workers exposed to hazardous substances.

o Appointing qualified and experienced persons to supervise the handling of

hazardous substances and providing them with the necessary facilities.

o Providing for medical examination of every worker before assigning them

to a job involving hazardous substances, and at periodic intervals
thereafter.

o Providing workers with information and training on the hazards and safety
measures.

o Providing personal protective equipment (PPE) and ensuring its proper

use.

 Section 41D: Power of Central Government to Appoint an Inquiry

Committee: This section empowers the Central Government to appoint a
committee to inquire into the standards of health and safety in factories involved
in hazardous processes. The committee's recommendations are advisory.

 Section 41E: Emergency Standards: In cases of imminent danger, the Central

Government has the power to direct the factory to implement emergency
standards to prevent industrial accidents.
  Section 41F: Permissible Limits of Exposure of Chemical and Toxic
Substances: This section mandates that the permissible limits of exposure to
chemical and toxic substances shall be as specified in the Second Schedule of
the Act. The Central Government is empowered to amend this schedule based
on scientific evidence.

 Section 41G: Workers' Participation in Safety Management: This section

requires the occupier to establish a Safety Committee in every factory involving a
hazardous process. The committee must have equal representation from workers
and management, promoting a collaborative approach to safety.

 Section 41H: Right of Workers to Warn About Imminent Danger: This section
grants workers the right to bring to the notice of the occupier, inspector, or any
other person in charge, any imminent danger to their health or safety. This
empowers workers to act as watchdogs and prevent accidents.

Case Laws and Illustrations

While there aren't landmark Supreme Court cases that solely interpret Sections 41A to
41H in isolation, their application can be seen in cases dealing with industrial accidents
and the liability of factory owners. The Bhopal Gas Tragedy case, though not directly
interpreting these sections (as they were introduced post-tragedy), highlighted the need
for stringent laws and their effective implementation, which led to the enactment of
these provisions.

 Bhopal Gas Tragedy (Union Carbide Corporation v. Union of India): Though

this case primarily dealt with compensation and the liability of a multinational
corporation, it underscored the importance of safety measures in hazardous
industries and the need for a robust legal framework.

It's important to note that the application of these sections often arises in conjunction
with other provisions of the Factories Act, 1948, and other related laws, such as
environmental protection laws and tort law.

Illustrations:

1. A chemical factory in Gujarat, listed in the First Schedule of the Factories Act,
1948, experiences a leak of toxic gas. Several workers are hospitalized with
severe respiratory problems. The factory occupier is held liable for violating
Sections 41B and 41C for failing to disclose information about the hazards, not
providing adequate safety training, and not maintaining proper health records.

2. A worker in a petroleum refinery in Assam notices a critical safety valve is

malfunctioning, posing a risk of a major explosion. He reports this to his
supervisor, but no action is taken. He then reports it to the factory inspector. The
 factory occupier could be held liable under Section 41H if it is proven that there
was imminent danger and the management failed to act.

Conclusion

The provisions relating to hazardous procedures under the Factories Act, 1948,
represent a significant step towards ensuring the safety, health, and welfare of workers
in industries that pose inherent risks. By imposing specific duties on factory occupiers,
promoting transparency, and empowering workers, the Act seeks to prevent industrial
accidents and mitigate their impact. The Act's emphasis on "special care" underscores
the higher standard of responsibility placed on those who handle hazardous
substances. While the Act provides a strong legal framework, its effectiveness depends
on its rigorous enforcement and the proactive measures taken by factory occupiers. As
a law student, it is my understanding that these provisions, along with judicial
interpretations and evolving safety standards, play a crucial role in safeguarding the
lives and well-being of countless workers in India's industrial landscape.

5. Discuss the role of Supreme Court as protector of environment

Introduction

The Supreme Court of India has emerged as a strong guardian of environmental

protection, especially in the absence of strict enforcement by executive authorities.
Through its judicial activism, the Court has interpreted Article 21 – Right to Life to
include the right to a clean and healthy environment. Over the years, it has
developed various environmental principles, expanded the scope of Public Interest
Litigation (PIL), and enforced environmental laws to protect present and future
generations.

Constitutional Basis

1. Article 21 – Right to life includes the right to a pollution-free environment

(interpreted by judiciary).

2. Article 48-A – Directive Principle: The State shall protect and improve the
environment.

3. Article 51-A(g) – Fundamental Duty: It is the duty of every citizen to protect the
natural environment.

Although Articles 48-A and 51-A(g) are non-justiciable, the Supreme Court has used
them as guiding principles for environmental justice.
Key Contributions of the Supreme Court

1. Expansion of Fundamental Rights

 Interpreted Article 21 to include clean air, safe drinking water, healthy

surroundings, and ecological balance.

2. Public Interest Litigation (PIL)

 Enabled citizens to approach the court directly for environmental issues.

 Even letters were accepted as writ petitions in urgent matters.

3. Development of Environmental Principles

 Precautionary Principle

 Polluter Pays Principle

 Sustainable Development

 Intergenerational Equity

These principles have been made part of Indian environmental law by judicial decisions.
4. Judicial Monitoring and Directions

 Created expert committees.

 Directed closure of polluting industries.

 Ordered relocation of hazardous units.

 Issued time-bound compliance orders to authorities.

Landmark Case Laws

1. M.C. Mehta v. Union of India (Oleum Gas Leak Case)

(1987) – Introduced absolute liability for hazardous industries.
Right to life includes protection from industrial pollution.

2. Subhash Kumar v. State of Bihar (1991)

The Court held that the right to get pollution-free water and air is a
fundamental right under Article 21.

3. Vellore Citizens’ Welfare Forum v. Union of India (1996)

Introduced the Precautionary Principle and Polluter Pays Principle into Indian
 law.
Tannery industries were directed to compensate and adopt cleaner technologies.

4. M.C. Mehta v. Union of India (Ganga Pollution Case)

The Supreme Court ordered the closure of several industries polluting the Ganga
River and directed the installation of treatment plants.

5. T.N. Godavarman Thirumulpad v. Union of India (Forest Case)

The Court expanded the definition of ‘forest’ and placed a ban on tree felling in
protected zones. Continuous monitoring of forest conservation was ordered.

6. Indian Council for Enviro-Legal Action v. Union of India (1996)

Reiterated the Polluter Pays Principle and directed chemical companies to pay
for the environmental damage caused.

Illustration

If a factory is causing water pollution in a village, and local authorities fail to act, citizens
can directly approach the Supreme Court through a PIL. The Court can appoint a
committee to inspect the site, issue directions for clean-up, and order compensation
from the factory. This shows the active remedial role of the Court in protecting the
environment.

Challenges and Criticism

 Judiciary is often overburdened with environmental matters due to inaction by

other bodies.

 Sometimes orders lack clear enforcement mechanisms.

 Balance between development vs. environment is difficult to maintain.

Still, the Court has stepped in as a last line of defense when other wings of
government failed.

Conclusion

The Supreme Court of India has played a historic and proactive role in protecting
the environment. By expanding the scope of Article 21, accepting PILs, enforcing
international principles, and holding polluters accountable, it has shown that
environmental protection is not just policy—but a matter of fundamental rights.
Its continuous engagement has ensured that environmental justice becomes a living
reality in India.

6. Ecology, Ecosystem, Biosphere – Discuss the concept of balance

in ecology
Ecology, Ecosystem, Biosphere – Discussing the Concept of Balance in Ecology

To understand the concept of balance in ecology, it's essential to define the terms
ecology, ecosystem, and biosphere:

 Ecology is the scientific study of the interactions between living organisms and
their environment. It explores how organisms relate to each other and their
surroundings, encompassing various levels from individual organisms to the
biosphere.

 An ecosystem is a community of interacting organisms and their physical

environment. It comprises biotic (living) components like plants, animals, and
microorganisms, as well as abiotic (non-living) components such as soil, water,
and climate. Ecosystems can vary in size, from a small pond to a vast forest.

 The biosphere is the global ecological system encompassing all living

organisms and their environments on Earth. It includes portions of the
atmosphere, hydrosphere (water bodies), and lithosphere (Earth's crust) where
life exists.

The Concept of Balance in Ecology

The concept of balance in ecology, also known as ecological balance or "balance of

nature," suggests that ecological systems tend towards a stable equilibrium. This
equilibrium implies that any changes within the system, such as population fluctuations,
will be counteracted by natural regulatory mechanisms, restoring the system to its
original state.

Key Points:

 Dynamic Equilibrium: Ecological balance doesn't imply a static state but rather
a dynamic equilibrium where the ecosystem's components are constantly
changing yet maintain a relatively stable average condition.

 Interdependence: The balance in an ecosystem relies on the interdependence

of its biotic and abiotic components. For instance, the population of predators is
balanced by the availability of prey, while plant growth is influenced by nutrient
availability and climate conditions.
  Self-regulation: Ecosystems possess self-regulating mechanisms, often referred
to as feedback loops, which help maintain balance. Negative feedback loops
counteract changes, while positive feedback loops amplify them.

 Resilience: A balanced ecosystem exhibits resilience, enabling it to withstand

and recover from disturbances like natural disasters or human activities.

Factors Disrupting Ecological Balance

Both natural and human-induced factors can disrupt ecological balance:

 Natural factors: These include events like volcanic eruptions, earthquakes,

floods, and wildfires, which can drastically alter ecosystems.

 Human factors: Human activities, however, have a more pervasive and long-
lasting impact on ecological balance. These include:

o Deforestation

o Pollution

o Unsustainable agricultural practices

o Overexploitation of resources

o Introduction of invasive species

o Climate change

Importance of Ecological Balance

Maintaining ecological balance is crucial for the following reasons:

 Sustains biodiversity: A balanced ecosystem supports a diverse range of

species, each playing a vital role in the system's functioning.

 Provides ecosystem services: Balanced ecosystems offer essential services

like clean air and water, food production, climate regulation, and nutrient cycling,
which are indispensable for human well-being.

 Ensures long-term sustainability: Ecological balance ensures the continued

availability of resources and the stability of the environment, supporting
sustainable development.

In conclusion, the concept of balance in ecology underscores the interconnectedness

and interdependence of living organisms and their environment. While ecosystems
possess a natural tendency towards equilibrium, various factors can disrupt this
balance. Recognizing the importance of ecological balance is crucial for promoting
environmental conservation and ensuring the well-being of both humans and the planet.
7. Polluter Pays Principle
Introduction

The Polluter Pays Principle (PPP) is a fundamental concept in environmental law

which means that the person or industry responsible for causing pollution must
bear the cost of managing it. This includes the cost of environmental damage and
restoration. It has evolved from a moral concept to a legal obligation through
judicial decisions in India and globally.

Meaning and Definition

 The principle implies that polluters should not escape liability simply because
environmental resources are used by all.

 It aims to ensure environmental accountability, compensation to victims,

and cost recovery for the government or affected parties.

📘 Definition:
The OECD (Organisation for Economic Co-operation and Development) defines it as –

“The polluter should bear the cost of measures to reduce pollution according to the
extent of damage caused.”

Legal Basis in India

1. Constitutional Provisions

 Article 21 – Right to life includes the right to a clean environment.

 Article 48-A – The State shall protect and improve the environment.

 Article 51-A(g) – Citizens’ duty to protect the environment.

2. Statutory Provisions

 Environment (Protection) Act, 1986

 Water (Prevention and Control of Pollution) Act, 1974

 Air (Prevention and Control of Pollution) Act, 1981

While these laws don’t mention PPP directly, courts have applied this principle through
interpretation.
Role of Judiciary in Developing PPP

The Supreme Court and High Courts in India have consistently enforced the Polluter
Pays Principle through landmark judgments. The courts have held that environmental
compensation is not only civil but can be criminal in nature when damage is wilful
or gross.

Landmark Case Laws

🔹 Vellore Citizens Welfare Forum v. Union of India (1996)

 The Supreme Court officially adopted the Polluter Pays Principle and
Precautionary Principle.

 It held that industries discharging untreated waste into water bodies must pay for
environmental restoration and compensate affected people.

🔹 Indian Council for Enviro-Legal Action v. Union of India (1996)

 A chemical manufacturing company caused large-scale soil and water pollution in

Bichhri village, Rajasthan.

 SC ruled the company must pay the full cost of clean-up, establishing strict
liability.

🔹 M.C. Mehta v. Union of India (Tanneries Case)

 Industries along the Ganga River were ordered to pay compensation and install
treatment plants or face closure.
 Reinforced that economic development must not be at the cost of
environmental degradation.

🔹 Municipal Council, Ratlam v. Vardhichand (1980)

 Though predating PPP, this case set the tone by holding that the local authority
has a duty to abate public nuisance and cannot plead financial inability.

Illustration

Suppose a plastic factory illegally dumps toxic waste into a village river, causing illness
in nearby areas. Under PPP:
  The factory must compensate affected families,

 Pay for cleaning the river,

 Possibly face penalties or closure,

 This ensures justice and deterrence.

PPP in International Law

 Rio Declaration (1992), Principle 16:

"The polluter should, in principle, bear the cost of pollution."

India, as a signatory, has incorporated this into domestic law through judicial
interpretation.

Objectives of the Polluter Pays Principle

✔ Hold polluters financially accountable

✔ Prevent future environmental damage
✔ Ensure compensation to victims
✔ Promote sustainable industrial practices
✔ Strengthen enforcement of environmental laws

Criticism and Challenges

 Difficulty in assessing environmental damage accurately
 Delays in court processes

 Enforcement and compliance by industries may be weak

 Political pressure or economic concerns may override environmental issues

Despite this, PPP remains a powerful legal and moral tool in environmental
governance.

Conclusion

The Polluter Pays Principle is an essential part of Indian environmental jurisprudence.

It has been recognised and enforced by courts to ensure that polluters cannot profit
from environmental harm. With increasing pollution and climate change, PPP
promotes environmental justice, equity, and sustainability. As a law student and
future legal professional, understanding PPP is key to advocating for a cleaner, fairer
world.

8. Judicial Activism relating to Environmental Protection

Introduction

Judicial activism refers to the proactive role played by the judiciary in upholding
rights, enforcing duties, and filling gaps in governance through progressive
interpretation of laws. In India, the Supreme Court and High Courts have played a
significant role in protecting the environment through Public Interest Litigations
(PILs), expanding Article 21, and enforcing constitutional and statutory
obligations.

Meaning of Judicial Activism

 Judicial activism means when judges go beyond the black-letter law to

interpret the Constitution and statutes in the interest of social justice.

 In environmental cases, courts have actively interpreted the right to life under
Article 21 to include the right to a clean and healthy environment.

Constitutional & Legal Framework

1. Article 21 – Right to life includes the right to live in a pollution-free environment.

2. Article 48-A – Directive to the State to protect and improve the environment.
3. Article 51-A(g) – Fundamental duty of every citizen to protect nature.

4. Environment (Protection) Act, 1986

5. Water Act, 1974 and Air Act, 1981

The judiciary has interpreted and enforced these laws creatively, particularly when
executive action was missing or inadequate.

Key Features of Judicial Activism in Environmental Matters

 Public Interest Litigations (PILs)

  Widening scope of fundamental rights

 Laying down environmental principles like:

🔹 Polluter Pays Principle
🔹 Precautionary Principle
🔹 Sustainable Development

 Monitoring implementation of orders

 Fixing liability on government and industries

Landmark Case Laws

🔹 M.C. Mehta v. Union of India (Ganga Pollution Case, 1988)

 Court ordered tanneries and industries polluting Ganga to install treatment plants
or shut down.

 This PIL led to the evolution of environmental PILs in India.

🔹 Dehradun Quarrying Case (Rural Litigation and Entitlement Kendra v. State of

UP, 1985)

 SC banned illegal limestone quarrying in Mussoorie Hills.

 First case where ecological balance and environmental rights were

considered part of Article 21.

🔹 Vellore Citizens’ Welfare Forum v. Union of India (1996)

 SC introduced the Precautionary and Polluter Pays Principles into Indian law.

 Recognized the concept of sustainable development as part of environmental

law.

🔹 T.N. Godavarman Thirumulpad v. Union of India (Forest Case)

 Expanded the definition of “forests” under the Forest Conservation Act.

 Judicial monitoring led to creation of Central Empowered Committee (CEC).

🔹 Indian Council for Enviro-Legal Action v. Union of India (1996)

 Polluting chemical industries were directed to pay compensation and clean up

the environment.
Illustration

Suppose a government agency fails to prevent illegal sand mining in a river area. A
concerned citizen files a PIL in High Court. The court directs the district collector and
pollution board to immediately stop mining and restore the riverbed. This is a clear
example of judicial activism where the court stepped in to prevent environmental
harm.

Benefits of Judicial Activism in Environmental Protection

 Compensated for the failure of executive agencies

 Helped build a strong base of environmental jurisprudence

 Made citizens aware of their environmental rights and duties

 Promoted the principles of intergenerational equity and sustainability

Criticism of Judicial Activism

 Sometimes courts enter into policy-making, which is the domain of the

executive.

 Risk of judicial overreach or lack of technical expertise.

 Delayed enforcement of decisions despite strong orders.

Still, the positive impact outweighs the limitations.

Conclusion

The Indian judiciary has been a pillar of environmental protection, especially when
other wings of the government failed to act. Through judicial activism, the courts have
not only interpreted the law but also enforced environmental accountability,
promoted justice, and created a body of environmental jurisprudence. In a country
like India, where environmental issues are closely tied to livelihood and survival, judicial
activism remains a beacon of hope for environmental justice.
9. Provisions relating to restriction on use of certain industrial plants
with case laws under the Air (Prevention & Control of Pollution)
Act, 1981
Introduction

The Air (Prevention & Control of Pollution) Act, 1981, is a landmark legislation enacted
by the Parliament of India to combat the growing menace of air pollution. As a law
student, it is crucial to understand that this Act not only empowers authorities to control
and abate air pollution but also imposes restrictions on the operation of certain industrial
plants. These restrictions are fundamental to balancing industrial development with
environmental protection. This answer will delve into the specific provisions of the Act
concerning these restrictions, supported by relevant case laws and illustrations, while
aiming for clarity and legal accuracy.

Meaning and ऑब्जेक्टिव्ह of the Air Act, 1981

The Air Act, 1981 was enacted with the primary objective of:

 Providing for the prevention, control, and abatement of air pollution.

 Establishing Central and State Boards for the effective implementation of the Act.

 Conferring powers and assigning functions to these Boards.

The Act defines "air pollution" as the presence of any air pollutant in the atmosphere,
where an "air pollutant" is any solid, liquid, or gaseous substance, including noise,
present in such concentration as may be or tend to be injurious to human beings, other
living organisms, plants, property, or the environment.

Provisions Relating to Restrictions on Use of Certain Industrial Plants

The core provisions concerning restrictions on the use of certain industrial plants are
primarily found in Section 21 of the Air Act, 1981.

Section 21: Restrictions on Use of Certain Industrial Plants

Section 21 lays down the fundamental restrictions on the establishment and operation
of industrial plants in air pollution control areas. The key elements of this section are:

 Prior Consent: No person shall establish or operate any industrial plant in an air
pollution control area without the previous consent of the State Board. This is a
mandatory requirement.

 Application for Consent: An application for such consent must be made to the
State Board in the prescribed form, accompanied by the prescribed fees, and
must contain the necessary particulars of the industrial plant.
  Procedure for Existing Plants: If an industrial plant is operating in an area that
is subsequently declared an air pollution control area, the operator of the plant
must apply for consent within a specified period (not less than three months from
the date of such declaration).

 Conditions for Granting Consent: The State Board, after making such inquiries
as it deems fit, may grant consent subject to certain conditions, including:

o Installation and operation of specified control equipment.

o Alteration or replacement of existing control equipment.

o Maintenance of control equipment in good running condition.

o Erection or re-erection of chimneys as per specifications.

o Compliance with other conditions as the State Board may specify.

 Time Limit for Decision: The State Board is required to grant or refuse consent
within four months of receiving the application.

 Power to Cancel or Refuse Consent: The State Board has the power to cancel
or refuse to grant consent if the conditions subject to which the consent was
granted are not fulfilled. However, the person concerned must be given a
reasonable opportunity of being heard before such cancellation or refusal.

 Transfer of Interest: If the person granted consent transfers their interest in the
industrial plant to another person, the consent is deemed to have been granted
to the new person, who is then bound by the conditions of the consent.

Analysis of the Provisions

Section 21 is crucial as it establishes a mechanism for regulating industrial activities that

have the potential to cause air pollution. It empowers the State Boards to:

 Prevent the establishment of polluting industries in areas where air quality is

already a concern.

 Ensure that existing industries take steps to control their emissions.

 Monitor and enforce compliance with the prescribed standards.

The requirement of prior consent acts as a preventive measure, ensuring that

environmental considerations are taken into account before an industrial plant is
established or operated. The conditions that the State Board may impose are designed
to minimize the adverse impact of industrial emissions on air quality.

Case Laws and Judicial Pronouncements

The interpretation and application of Section 21 have been the subject of several judicial
pronouncements. Some key principles that have emerged from these cases are:

 Precautionary Principle: Indian courts have consistently upheld the

precautionary principle, which requires that where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be used as a reason
for postponing cost-effective measures to prevent environmental degradation.
This principle is often invoked in cases involving industrial pollution.

 Polluter Pays Principle: The polluter pays principle, which makes the polluter
liable for the costs of environmental damage, is another key principle that guides
the courts in matters of environmental law. Industries are held responsible for the
pollution they cause and the measures needed to control it.

 Sustainable Development: The concept of sustainable development, which

seeks to balance economic development with environmental protection, is also
central to the judicial interpretation of the Air Act, 1981. Courts strive to ensure
that industrial activities are carried out in a manner that does not compromise the
ability of future generations to meet their own needs.

Illustrations

To further clarify the application of Section 21, consider the following illustrations:

1. Scenario 1: A company, "XYZ Chemicals," wishes to set up a new chemical

manufacturing plant in an area that has been declared an air pollution control
area. XYZ Chemicals must apply to the State Pollution Control Board for consent
before commencing any construction or operation. The Board will assess the
potential emissions from the plant and may grant consent subject to conditions
such as the installation of specific emission control technologies.
2. Scenario 2: A factory, "ABC Steel," has been operating in an area for many
years. The State Government subsequently declares this area an air pollution
control area. ABC Steel must now apply for consent from the State Pollution
Control Board within the specified time frame. The Board may require ABC Steel
to upgrade its existing pollution control equipment to meet the prescribed
standards.

3. Scenario 3: A company is granted consent to operate a thermal power plant

subject to the condition that it installs and maintains a flue gas desulfurization
(FGD) system. If the company fails to operate the FGD system effectively, the
State Board may, after giving the company an opportunity to be heard, cancel the
consent.

Criticism and Challenges

Despite its importance, the Air Act, 1981, and Section 21 in particular, face certain
criticisms and challenges:

 Implementation: Effective implementation of the Act remains a challenge, with

issues such as inadequate monitoring, lack of resources, and delays in decision-
making.

 Enforcement: Enforcement of the provisions of the Act is often weak, with

industries not always complying with the prescribed standards and conditions.

 Technological advancements: The Act needs to keep pace with rapid

technological advancements in industrial processes, which may lead to new
forms of air pollution.

 Coordination: Better coordination is needed between different regulatory

authorities and stakeholders to ensure a more holistic and effective approach to
air pollution control.

Conclusion

In conclusion, Section 21 of the Air (Prevention & Control of Pollution) Act, 1981, plays a
vital role in regulating the establishment and operation of industrial plants in air pollution
control areas. By requiring prior consent and empowering State Boards to impose
conditions, the Act seeks to prevent and control air pollution from industrial sources.

However, as a law student, it is important to recognize that the Act is not without its
challenges. Effective implementation, stringent enforcement, and continuous updating
of the legal framework are essential to ensure that the Act achieves its objectives. The
judiciary has also played a crucial role in interpreting and applying the provisions of the
Act, upholding key principles such as the precautionary principle, the polluter pays
principle, and sustainable development.

As future legal professionals, we have a responsibility to contribute to the effective

enforcement of environmental laws and to advocate for policies that promote both
industrial development and environmental protection.

10. Air Pollutant

Introduction

Air is a vital component of the environment, and its purity is essential for life on Earth.
However, with industrialization, urbanization, and vehicular emissions, air pollution has
become a serious environmental issue in India. Air pollutants are substances that
contaminate the air and pose risks to human health, animals, plants, and materials. The
Indian legal system has recognized air pollution as a violation of the fundamental right
to life under Article 21 of the Constitution.

Meaning of Air Pollutant

As per Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981:

“Air pollutant” means any solid, liquid or gaseous substance (including noise) present in
the atmosphere in such concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or environment.

Examples of Air Pollutants

 Particulate Matter (PM2.5, PM10)

 Sulphur Dioxide (SO₂ )

 Nitrogen Oxides (NOₓ)

 Carbon Monoxide (CO)

 Lead

 Volatile Organic Compounds (VOCs)

 Ground-level Ozone (O₃ )

These substances come from factories, vehicles, burning of waste, fossil fuels,
construction, etc.

Sources of Air Pollution

1. Industrial Emissions – power plants, factories

2. Vehicular Pollution – exhaust from cars and trucks

3. Burning of Biomass & Garbage – crop stubble, plastic

4. Construction and Demolition Dust

5. Household Activities – cooking with firewood

6. Natural Causes – forest fires, dust storms
Legal Framework

1. Air (Prevention and Control of Pollution) Act, 1981

o Empowers Central and State Pollution Control Boards

o Provides for control and regulation of air pollutants

2. Environment (Protection) Act, 1986

o Allows the Central Government to take necessary measures

3. Motor Vehicles Act, 1988

o Regulates vehicular emissions

4. Factories Act, 1948

o Prescribes health and safety standards

Judicial Interpretation & Case Laws

🔹 M.C. Mehta v. Union of India (Vehicular Pollution case, 1998)

 Supreme Court directed the phasing out of old commercial vehicles and the use
of CNG in Delhi.

 First major case on vehicular pollution control.

🔹 Subhash Kumar v. State of Bihar (1991)

 SC held that right to pollution-free air and water is a part of the right to life
under Article 21.

🔹 Vellore Citizens Welfare Forum v. Union of India (1996)

 Court reinforced the use of Precautionary Principle and Polluter Pays

Principle in environmental matters.

🔹 Delhi Gas Leak Case (2020)

 SC directed strict liability and penal provisions under the Environment

Protection Act for causing airborne chemical pollution.

Illustration
Imagine a thermal power plant emitting large amounts of SO₂ without any filter. This
results in breathing issues in nearby villages. Citizens file a PIL under Article 32. The
Court finds that the plant is violating air quality standards, and orders the installation
of pollution control equipment or face closure.

Role of Pollution Control Boards

 Central Pollution Control Board (CPCB): Prescribes national ambient air

quality standards, monitors major cities.

 State Pollution Control Boards (SPCBs): Issue permits (consent to operate),

monitor air pollutants, penalize defaulters.

Preventive Measures & Policies

 National Clean Air Programme (NCAP)

 Bharat Stage (BS-VI) norms for vehicles

 Promotion of Electric Vehicles (EVs)

 Odd-Even rule in cities

 Tree plantation drives

Conclusion

Air pollutants pose a grave threat to human health and ecological balance. The legal
framework in India, combined with judicial activism, has created a strong basis for the
prevention and control of air pollution. However, strict enforcement, public
awareness, and technological innovation are necessary to ensure breathable air for
all. The law must continue to evolve to tackle new-age air pollutants in urban and rural
settings alike

11. Functions of Central Board under Water Act

Introduction

The Water (Prevention and Control of Pollution) Act, 1974, is a pivotal legislation in
India's environmental law framework. It was enacted to address the escalating issue of
water pollution and to provide for the establishment of authorities to tackle this problem.
This answer will focus on the functions of the Central Board as delineated under this
Act, and will also include relevant case laws, illustrations, and legal interpretations,
keeping in mind the perspective of a law student addressing a 25-mark exam question.

Establishment of the Central Board

The Water Act, 1974, provides for the constitution of both the Central and State
Pollution Control Boards. The Central Board is constituted by the Central Government,
and it plays a crucial role in coordinating and overseeing the activities of the State
Boards, along with other significant functions.

Functions of the Central Board

The functions of the Central Board are primarily outlined in Section 16 of the Water Act,
1974. These can be broadly categorized as follows:

 Advisory Functions:

o To advise the Central Government on any matter concerning the

prevention and control of water pollution. This involves providing expert
opinions and recommendations on policy formulation, legislative
measures, and administrative actions.

 Coordination Functions:

o To coordinate the activities of the State Boards and resolve disputes

among them. This ensures a cohesive and unified approach to water
pollution control across the country. The Central Board acts as a facilitator,
promoting cooperation and collaboration between different states.

 Technical Assistance and Guidance:

o To provide technical assistance and guidance to the State Boards in

carrying out their functions. This includes providing expertise, sharing best
practices, and offering support in areas such as water quality monitoring,
pollution control technologies, and enforcement strategies.
 Research and Development:

o To conduct and sponsor investigations and research relating to the

prevention, control, and abatement of water pollution. This involves
promoting scientific advancements, developing innovative solutions, and
enhancing the understanding of water pollution issues.

 Information Dissemination:
 o To plan and organize the training of persons engaged in programs for the
prevention, control, and abatement of water pollution.

o To organize through mass media a comprehensive program concerning

the prevention and control of water pollution.

o To collect, compile, and publish technical and statistical data relating to

water pollution and the measures adopted for its effective control.

 Standard Setting:

o To lay down, modify or annul, in consultation with the State Governments

concerned, the standards for a stream or well.

 Establishment of Laboratories:

o To establish or recognize a laboratory or laboratories to enable the Board

to perform its functions under this Act including the analysis of samples of
water from any stream or well or of any sewage or trade effluents.

 Other Functions:

o To perform such other functions as may be prescribed.

Analysis of the Functions

The functions of the Central Board are diverse and significant. It acts as both an advisor
and a coordinator, providing crucial support to the Central Government and the State
Boards. The emphasis on research, training, and information dissemination highlights
the proactive approach of the Act towards tackling water pollution. The power to
establish or recognize laboratories ensures that there are adequate facilities for water
quality monitoring and analysis.
Case Laws and Judicial Pronouncements

While the Water Act, 1974, clearly delineates the functions of the Central Board, judicial
pronouncements have further shaped their interpretation and application. Some key
principles that have emerged are:

 Public Trust Doctrine: Indian courts have often invoked the public trust doctrine,
which states that the government is the trustee of natural resources, including
water, and has a duty to protect them for the benefit of the public. This doctrine
reinforces the role of the Central Board in safeguarding water quality.

 Precautionary Principle: The precautionary principle, which requires that

preventive action be taken in the face of potential environmental harm, even in
the absence of complete scientific certainty, is also relevant. The Central Board's
 functions align with this principle by emphasizing preventive measures and
proactive steps to control pollution.

 Polluter Pays Principle: The polluter pays principle, which makes polluters
liable for the costs of environmental damage caused by them, is another
important principle. The Central Board plays a role in enforcing this principle by
setting standards, monitoring compliance, and recommending action against
polluting industries.

Illustrations

To illustrate the practical application of the Central Board's functions, consider the
following scenarios:

1. Scenario 1: The Central Government seeks to formulate a national policy on

water pollution control. It consults the Central Board for expert advice and
recommendations on the key elements of the policy.

2. Scenario 2: A dispute arises between two states regarding the pollution of an

inter-state river. The Central Board intervenes to coordinate the efforts of the
State Boards involved and facilitate a resolution.

3. Scenario 3: The Central Board provides technical guidance to a State Board on

the implementation of a new water quality monitoring program, including the
selection of appropriate technologies and methodologies.

4. Scenario 4: The Central Board sponsors a research project to develop more

cost-effective and efficient methods for treating industrial wastewater.

5. Scenario 5: The Central Board organizes a national training program for officials
from various State Boards on the latest techniques for water pollution control and
management.

Challenges and the Way Forward

Despite the comprehensive framework provided by the Water Act, 1974, and the
significant role of the Central Board, several challenges remain:

 Enforcement: Effective enforcement of the Act and the standards set by the
Central Board is crucial.

 Coordination: Further strengthening the coordination between the Central and

State Boards is needed to ensure better implementation.

 Resource constraints: Both the Central and State Boards often face resource
constraints, which can hinder their ability to carry out their functions effectively.
  Public awareness: Raising public awareness about the importance of water
conservation and pollution control is essential.

Conclusion

In conclusion, the Central Board plays a pivotal role in the prevention and control of
water pollution in India. Its functions, as outlined in the Water Act, 1974, encompass a
wide range of activities, including advising the government, coordinating State Boards,
providing technical assistance, conducting research, and disseminating information.

As a law student, it is my understanding that the effective functioning of the Central

Board, in coordination with the State Boards, is essential for maintaining the quality of
our water resources and protecting public health. The judiciary has also played a
significant role in upholding key environmental principles that guide the actions of the
Central Board. Moving forward, it is imperative to address the challenges in
implementation and enforcement to ensure that the Water Act, 1974, and the Central
Board can effectively fulfill their mandate.

12. Different provisions pertaining to environment protection under

Constitution
introduction

The Indian Constitution, though not originally containing direct provisions on

environmental protection, has evolved significantly through constitutional
amendments, judicial interpretations, and public interest litigation (PIL). Today, the
Constitution of India provides a comprehensive framework to safeguard the
environment through Fundamental Rights, Directive Principles of State Policy
(DPSPs), and Fundamental Duties. These provisions empower both the State and
citizens to protect and improve the environment.

Constitutional Provisions for Environmental Protection

🔹 1. Article 21 – Right to Life

"No person shall be deprived of his life or personal liberty except according to procedure
established by law."

 The Supreme Court has interpreted Article 21 to include the right to a healthy
environment, pollution-free air and water, and ecological balance.
  Expanded by judicial activism.

Case Law:

 Subhash Kumar v. State of Bihar (1991):

The right to life includes the right to pollution-free air and water.

 M.C. Mehta v. Union of India (1987, Ganga Pollution case):

Court ordered closure of tanneries polluting the Ganga River, treating
environmental pollution as a threat to Article 21.

🔹 2. Article 48A – Protection and Improvement of Environment (DPSP)

"The State shall endeavor to protect and improve the environment and to safeguard the
forests and wildlife of the country."

 Added by the 42nd Amendment, 1976

 Not enforceable by courts, but forms a guiding principle for legislation and
governance.

🔹 3. Article 51A(g) – Fundamental Duty of Citizens

"It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers, and wildlife, and to have compassion for
living creatures."

 Also added by the 42nd Amendment.

 Encourages citizen participation in environmental conservation.

Case Law:

 L.K. Koolwal v. State of Rajasthan (1988):

The Rajasthan High Court held that Article 51A(g) gives citizens the right to
approach courts for enforcing environmental rights.

🔹 4. Article 32 and 226 – Right to Constitutional Remedies

 Citizens can approach the Supreme Court (under Article 32) or High Courts
(under Article 226) to enforce environmental rights.

 Most PILs for environmental protection are filed under these Articles.
Case Law:

 M.C. Mehta series of cases: Filed under Article 32, these PILs helped develop
environmental jurisprudence in India.

🔹 5. Article 14 – Right to Equality

 If the State allows environmental degradation that affects one section of society
more than another, it can be challenged under Article 14 as a violation of the
right to equality.

Example:

 If a polluting factory is allowed in a residential area affecting the poor while rich
colonies are protected, Article 14 may be invoked.

🔹 6. Article 19(1)(g) – Right to Practice Any Profession

 The right to carry on trade or business is subject to reasonable restrictions.

 Environmental protection is considered a reasonable restriction under Article

19(6).

Case Law:

 Taj Trapezium Case (M.C. Mehta v. UOI):

Industries around the Taj Mahal were shut down or relocated to protect the
monument from air pollution, even if it affected their business rights.

Illustration

If a citizen lives near an illegal chemical factory discharging toxic gas, they can file a PIL
under Article 32, citing violation of Article 21 and Article 48A. The court may order
the factory's closure based on constitutional principles.

Summary of Key Articles

Article Provision Type Description

Article 21 Fundamental Right Right to a healthy environment

Article Provision Type Description

Article 48A Directive Principle State's duty to protect environment

Article 51A(g) Fundamental Duty Citizens' duty to protect environment

Constitutional
Article 32 Right to move SC for fundamental rights
Remedy

Constitutional
Article 226 Right to move HC for fundamental rights
Remedy

Against arbitrary State action in

Article 14 Right to Equality
environmental issues

Article 19(1)(g) &

Right to Trade Trade subject to environmental restrictions
19(6)

Conclusion

The Indian Constitution, through a combination of rights, duties, and principles,

provides a holistic approach to environmental protection. The judiciary has played a
dynamic role in expanding the scope of constitutional provisions, ensuring
environmental sustainability. With increasing environmental degradation, these
provisions serve as a moral and legal foundation for enforcing ecological justice in
India.

13. Explain: Constitution and function of Wildlife Advisory Board

Introduction

The Wildlife Advisory Board is a statutory body constituted under the Wildlife Protection
Act, 1972. It plays a crucial role at the state level in matters related to wildlife
conservation and protection. This answer will delve into the constitution and functions of
the Wildlife Advisory Board, providing a comprehensive overview from a law student's
perspective, suitable for a 25-mark examination.

Constitution of the Wildlife Advisory Board

Section 6 of the Wildlife (Protection) Act, 1972, mandates the State Government to
constitute a Wildlife Advisory Board. The composition of the Board typically includes:
  The Minister in charge of forests in the State: Chairperson.

 Other members as prescribed by the State Government, including:

o State government officials from relevant departments.

o Experts in the field of wildlife conservation.

o Representatives from non-governmental organizations (NGOs).

The specific composition may vary slightly from state to state, but the core principle is to
ensure representation from the government, experts, and stakeholders.
Functions of the Wildlife Advisory Board

The functions of the Wildlife Advisory Board, as derived from the Wildlife (Protection)
Act, 1972, and state-specific regulations, primarily involve advising the State
Government on matters related to wildlife. These functions can be broadly categorized
as follows:

 Advisory Role:

o To advise the State Government in the selection of areas to be declared

as protected areas, such as sanctuaries, national parks, and closed areas.

o To assist and advise the State Government in the formulation of policies

for the protection and conservation of wildlife and specified plants.

o To advise the State Government on any matter relating to the amendment

of any Schedule under the Act.

o To advise the State Government in taking measures for harmonizing the

needs of the tribals and other forest dwellers with the protection and
conservation of wildlife.

 Protected Area Management:

o To advise on the management of protected areas within the state,

including measures for improving habitat, controlling poaching, and
mitigating human-wildlife conflict.

 Policy Formulation:

o To provide inputs and recommendations to the State Government in the

development of state-level policies and action plans for wildlife
conservation.

 Conflict Resolution:
 o To advise the State Government on measures to be taken for harmonizing
the needs of the tribals and other forest dwellers with the protection and
conservation of wildlife. This involves finding solutions that balance the
rights of local communities with the imperatives of wildlife protection.
 Other Matters:

o To advise the State Government on any other matter that may be referred
to it by the State Government. This allows the Board to address emerging
issues and provide guidance on specific situations.

Analysis of the Functions

The Wildlife Advisory Board plays a crucial role in bridging the gap between the state
government and the various stakeholders involved in wildlife conservation. Its advisory
functions ensure that decisions are informed by scientific expertise, local knowledge,
and the concerns of different interest groups.

The Board's role in protected area management is particularly significant. It provides

guidance on how these areas should be managed to ensure the long-term survival of
wildlife while also addressing the needs of local communities. The emphasis on conflict
resolution highlights the complex challenges involved in wildlife conservation and the
need for finding sustainable solutions that promote coexistence.

Case Laws and Judicial Pronouncements

While the Wildlife (Protection) Act, 1972, outlines the general framework for the Wildlife
Advisory Board, specific case laws and judicial pronouncements at the state level may
further define its role and responsibilities.

 State-Specific Cases: Students should refer to relevant case laws from their
respective states to understand how the functions of the Wildlife Advisory Board
have been interpreted and applied in their jurisdiction. These cases may provide
valuable insights into the practical challenges and legal nuances associated with
the Board's functioning.

 Supreme Court's Role: The Supreme Court of India has also played a
significant role in shaping wildlife law and policy. While its judgments may not
directly address the functions of the Wildlife Advisory Board, they often lay down
broad principles that guide the actions of state authorities in matters of wildlife
conservation. For instance, in TN Godavarman Thirumulpad v Union of India, the
Supreme Court has emphasized the importance of protecting forests and wildlife
and has given directions to state governments to take necessary measures for
conservation.
Illustrations

To illustrate the practical application of the Wildlife Advisory Board's functions, consider
the following scenarios:

1. Scenario 1: The State Government proposes to declare a new area as a wildlife

sanctuary. It consults the Wildlife Advisory Board to seek its recommendations on
the boundaries of the sanctuary, the management plan, and the measures
needed to protect the wildlife and their habitat.

2. Scenario 2: A conflict arises between local communities and wildlife in a

protected area, leading to crop damage and livestock depredation. The State
Government asks the Wildlife Advisory Board to advise on measures to mitigate
the conflict, such as providing compensation, implementing early warning
systems, and promoting community-based conservation initiatives.

3. Scenario 3: The State Government intends to amend the state's wildlife

protection laws. It seeks the advice of the Wildlife Advisory Board on the
proposed amendments, including their potential impact on wildlife conservation
and the rights of local communities.
Challenges and the Way Forward

Despite its important role, the Wildlife Advisory Board faces several challenges:

 Effectiveness: The effectiveness of the Board depends on its composition, the

resources available to it, and the willingness of the State Government to consider
its advice.

 Coordination: Coordination between the Wildlife Advisory Board and other

state-level bodies, such as the State Pollution Control Board and the State
Biodiversity Board, is crucial for a holistic approach to environmental protection.

 Capacity Building: There is a need for capacity building among the members of
the Board to ensure that they have the necessary expertise and knowledge to
provide sound advice.

 Transparency and Accountability: The functioning of the Board should be

transparent and accountable to ensure that its decisions are in the best interests
of wildlife conservation and local communities.

Conclusion

In conclusion, the Wildlife Advisory Board is a vital statutory body at the state level,
playing a crucial role in advising the State Government on all matters related to wildlife
conservation and protection. Its constitution and functions are derived from the Wildlife
(Protection) Act, 1972, and state-specific regulations.

As a law student, it is my understanding that the Board's effectiveness hinges on its

ability to provide sound, science-based advice, to balance the competing interests of
different stakeholders, and to promote the long-term sustainability of wildlife populations
and their habitats. Moving forward, it is imperative to strengthen the capacity of these
Boards, enhance their coordination with other agencies, and ensure that their
functioning is transparent and accountable.

14. Environmental Laboratories

Introduction

Environmental laboratories play a vital role in assessing environmental quality,

identifying pollutants, and assisting in the enforcement of environmental laws. In India,
these labs are legally recognized under the Environment (Protection) Act, 1986, and
are essential for monitoring, collecting evidence, and providing expert opinions in legal
proceedings related to environmental pollution.

Meaning of Environmental Laboratories

An Environmental Laboratory is a facility equipped to conduct scientific testing and

analysis of air, water, soil, and other materials to determine the presence and
concentration of pollutants. These labs support regulatory bodies like the Central
Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) in
their enforcement and monitoring roles.

Statutory Provisions Under Environmental Law

🔹 1. Section 12 – Environment (Protection) Act, 1986

"The Central Government may, by notification in the Official Gazette, establish one or
more environmental laboratories."

 These laboratories are set up to carry out functions prescribed under the Act,
including:

o Testing samples of air, water, soil, and other substances.

 o Monitoring environmental quality.

o Analyzing pollution levels.

🔹 2. Section 13 – Functions of Environmental Laboratories

This section specifies the duties of such labs, which include:

 Analyzing samples sent by the government or Pollution Control Boards.

 Submitting reports in a prescribed format.

 Using recognized testing methods for pollution control analysis.

🔹 3. Section 14 – Government Analysts

The Central Government may appoint qualified persons as Government Analysts for
environmental laboratories.

 These analysts conduct official testing and provide reports that may be used as
evidence in court proceedings.

Illustration

For example, if a river is suspected to be polluted by industrial waste, the Pollution

Control Board may collect water samples and send them to an environmental
laboratory. The lab's analysis report will determine the chemical composition,
pollutant levels, and compliance with standards. This report may be used to
prosecute the polluter under environmental laws.

Rules and Guidelines

The Environmental (Protection) Rules, 1986 supplement the main Act and contain
provisions related to:

 Standards for laboratory accreditation

 Procedures for sample collection and testing

 Formats for report submission
The National Accreditation Board for Testing and Calibration Laboratories (NABL)
ensures that labs maintain internationally accepted standards.

Case Law Reference

🧑⚖️ Indian Council for Enviro-Legal Action v. Union of India (1996)

 The Supreme Court emphasized the need for scientific evidence and
environmental audits to ensure accountability.

 Environmental laboratories were recognized as crucial in proving violations of

pollution norms.

🧑⚖️ Vellore Citizens Welfare Forum v. Union of India (1996)

 The court emphasized the Precautionary Principle and Polluter Pays

Principle.

 Lab reports were essential to assess the damage caused by tanneries to

groundwater and soil.

Functions of Environmental Laboratories (in Simple Terms)

 Monitor pollution in water, air, and soil.

 Provide scientific data to pollution boards.

 Help in legal proceedings by submitting evidence.

 Ensure industries follow pollution control standards.

Conclusion

Environmental laboratories are scientific backbones of environmental governance in

India. Recognized under the Environment (Protection) Act, 1986, they ensure that
enforcement of pollution control laws is based on accurate, scientific, and unbiased
data. Their reports are often crucial evidence in environmental litigation and help in
holding polluters accountable. As India faces increasing environmental challenges,
strengthening and accrediting such labs across states is critical for achieving
sustainable environmental governance.
15. Case Law: Narmada Bachao Andolan v/s Union of India
Introduction

The case of Narmada Bachao Andolan v. Union of India (2000) is one of the most
significant environmental and human rights cases in India. It revolves around the
construction of the Narmada Dam (Sardar Sarovar Project) and the displacement
of people due to the dam's construction. The case highlights the conflict between
development and environmental protection, as well as the rights of indigenous
people affected by large infrastructure projects.

Background of the Case

The Sardar Sarovar Project was designed to provide irrigation, drinking water, and
electricity to large parts of Gujarat, Madhya Pradesh, and Maharashtra. However, the
project involved the construction of a large dam on the Narmada River, which would
submerge thousands of hectares of land, displacing thousands of people, mainly from
tribal communities.

The Narmada Bachao Andolan (NBA), a social movement led by Medha Patkar,
opposed the project on the grounds of environmental damage and human rights
violations. They argued that the dam would displace thousands of people without
adequate rehabilitation measures and would cause irreparable harm to the local
environment and ecosystem.

Legal Issues

The primary legal issues raised in the case were:

1. Whether the construction of the Sardar Sarovar Dam should proceed in light
of the environmental impact and human displacement it caused.

2. Violation of the Right to Life (Article 21) due to the potential displacement of
tribal populations without proper rehabilitation.

3. Environmental Impact Assessment (EIA): Whether an adequate EIA was

conducted before proceeding with the project.

4. Violation of international principles concerning the rights of indigenous

peoples affected by large infrastructure projects.

Court’s Decision
The Supreme Court’s ruling in Narmada Bachao Andolan v. Union of India was a
landmark judgment that dealt with the delicate balance between development goals
and human rights/environmental protection.

1. Upheld the project: The Court acknowledged that while the project would result
in displacement, the dam was crucial for the development of the region,
especially for irrigation and electricity. The Court emphasized the importance of
national development but also underscored the need for adequate measures to
mitigate its negative effects.

2. Guidelines for Rehabilitation: The Court issued guidelines for the

rehabilitation of displaced persons, ensuring that no person was displaced
without proper compensation and resettlement. The Court made it clear that
proper rehabilitation measures must be taken before any further work on the
project.

3. Environmental Concerns: While upholding the project, the Court ordered that
the environmental impact of the project be carefully monitored and that the
environmental standards be adhered to.

4. Right to Life and Dignity: The Court stated that human dignity and the right
to life (Article 21) of displaced persons must be preserved. Rehabilitation must
ensure that displaced persons were not left destitute.

5. International Law Reference: The Court referred to international conventions

such as the World Bank’s policies on resettlement and the Environmental
Impact Assessment requirements, stating that these norms should guide India’s
development practices.

Impact on Environmental Law

The Narmada Bachao Andolan case has had far-reaching implications for
environmental jurisprudence and human rights law in India:

1. Environmental Impact Assessment (EIA): The case highlighted the importance

of EIA in large-scale development projects. The Court emphasized that no
project should proceed without conducting a thorough assessment of its social,
environmental, and economic impact.

2. Human Rights and Development: The case brought to the forefront the conflict
between development and human rights. It underscored the importance of
balancing economic growth with respect for human dignity and the
environment.
 3. Public Interest Litigation (PIL): The case reaffirmed the role of PIL in
addressing issues of public concern, particularly when the government’s
actions potentially violate environmental laws or human rights.

4. Tribals and Indigenous Rights: The case highlighted the special rights of
tribals and indigenous people, who are often the most affected by large
infrastructure projects. It set the precedent for ensuring adequate rehabilitation
for those displaced by development projects.

Conclusion

Narmada Bachao Andolan v. Union of India remains a landmark case in the realm of
environmental law and human rights. While the Supreme Court upheld the Sardar
Sarovar Dam project, it set important guidelines to ensure that human rights and
environmental concerns were not overlooked in the pursuit of national development.
The case brought attention to the right to life and human dignity of the displaced,
reinforcing the idea that development must be sustainable, inclusive, and respectful
of the rights of affected communities.

This case also set a significant precedent for public interest litigation, establishing the
judiciary's role in protecting the environment and human rights in the face of large-
scale development projects.

16. Absolute Liability with case laws

Introduction

Absolute Liability is a legal doctrine under Tort Law and Environmental Law that holds
an enterprise strictly liable for the harm caused by its activities without any
exceptions or defenses. This concept is unique to India and evolved due to the
limitations of the traditional Strict Liability rule from English law.

Meaning of Absolute Liability

Absolute Liability means that if an enterprise is engaged in a hazardous or inherently

dangerous activity, and any harm is caused due to an accident in the course of such
activity, the enterprise is absolutely liable to compensate all affected persons,
regardless of any fault, negligence, or act of God.
Origin of the Principle

The rule of Absolute Liability was laid down by the Supreme Court of India in the
landmark case of:

M.C. Mehta v. Union of India (1987) – Oleum Gas Leak Case

Also known as the Shri Ram Food & Fertilizers Case, this judgment came after the
leakage of oleum gas from a fertilizer factory in Delhi which caused death and injuries.

Held:

 The Supreme Court, led by Justice P.N. Bhagwati, modified the English Rule of
Strict Liability (from Rylands v. Fletcher) and created the new rule of Absolute
Liability.

 No exceptions would be allowed, even for acts of God, sabotage, or third-party

interference.

 Industries involved in hazardous activities owe an absolute and non-delegable

duty to the community.

Distinction: Strict Liability vs. Absolute Liability

Strict Liability (Rylands v. Fletcher) Absolute Liability (Indian Law)

Exceptions like act of God, plaintiff’s fault No exceptions allowed

Based on fault No fault needed

Old English Law Indian-origin, post-Bhopal tragedy

Not suitable for modern industries Applicable to modern hazardous industries

Important Case Laws

Union Carbide Corporation v. Union of India (1991) – Bhopal Gas Tragedy

 Though the case was settled before trial, the tragedy highlighted the inadequacy
of traditional tort law in India.

 Later judgments emphasized absolute liability for industries dealing with

hazardous substances.
Indian Council for Enviro-Legal Action v. Union of India (1996)

 The Supreme Court held chemical factories liable for polluting water bodies and
harming villagers.

 Reinforced absolute liability, requiring industries to pay for cleanup and

compensation.

Vellore Citizens Welfare Forum v. Union of India (1996)

 Tanneries polluting groundwater in Tamil Nadu were held liable.

 The Court upheld the Precautionary Principle and Polluter Pays Principle
alongside absolute liability.

Illustration

A chemical factory storing toxic gas suffers a leak due to a minor earthquake. Even
though the earthquake is an act of God, the factory will still be absolutely liable to
compensate all victims. No defense is permitted under this rule.

Legal Basis and Importance

 This rule ensures justice to victims of industrial disasters.

 Creates deterrence for industries by making them responsible for all

consequences of their activities.

 Enforced through Article 21 (Right to Life) of the Constitution, interpreted broadly

by the Supreme Court.

Conclusion

Absolute Liability is a progressive and indigenous legal principle developed by the

Indian judiciary to address the complexities of modern industrial society. It places
public interest above private profits and ensures that industries dealing with
hazardous materials are held to higher standards of accountability. This principle,
born from tragic events like the Oleum Gas Leak and Bhopal Gas Tragedy, remains a
cornerstone of environmental and tort jurisprudence in India.