1.

INTRODUCTION

1.1 INTRODUCTION OF THE TOPIC

Last semi-century has witnessed many an initiative from global leaders and public at large to
protect the environment from multifarious human activities responsible for its degradation.
UN Conference of Human Environment held in Stockholm, in 1972, is a great example of the
said initiatives, it concluded with the collective aim to protect and improve human
environment for the well-being of people and economic development throughout the world. It
further aimed to ensure that development is in consonance with the need to protect and
improve the environment. Mankind’s desire, rather necessity, to safeguard the environment
was once again highlighted in 1992 at Rio Declaration on Environment and Development,
which gave a global perspective of environmentally compatible development and pondered
upon the concept of ‘sustainable development’ -The Brundtland Report, published in 1987 by
the United Nations World Commission on Environment and Development, coined the term
"sustainable development" and defined it as "development that meets the needs of the present
without compromising the ability of future generations to meet their own needs" 1. The
Declaration proclaims that the right to development must be equitable to the developmental
and environmental needs of present and future generation.

To make earth greener, to actualize the aims, and to accomplish the goals set by various
conferences, declarations and treaties, copious countries have enacted and enforced
environmental laws. Environmental Law can be defined as a law regulating human actions -
which are damaging or threatening the environment- and punishing the doers of, and/or
compensating victims of such actions.2 Laws play a pivotal role in translating a ‘policy’ into
‘practice’, so it became the need of the hour to enact environmental laws to keep a check on
the environmental degradation unfortunately proceeding at an unprecedented rate -all in the
name of development.

1
http://www.smartfredrikstad.no/wp-content/uploads/2018/12/Ostrava-Atle-Holten-111218.pdf
2
Vibhute, K. I. “ENVIRONMENT, DEVELOPMENT AND THE LAW: THE INDIAN PERSPECTIVE.”
Journal of Environmental Law, vol. 7, no. 2, Oxford University Press, 1995, pp. 137–48,
http://www.jstor.org/stable/44248036.
Despite the plethora of protective legislations, enacted at national and international level, the
evil of environmental degradation does not seem to take its last breath anytime soon. The
biophysical environment is getting degraded permanently because of overconsumption,
population growth, and rapid development of technology.

1.2 OBJECTIVE AND PURPOSE OF STUDY

The objective of this project is to study the ambience of environmental law in India, with
main focus on the progress made by the country to date and a way forward. The spotlight is
also shared with watershed events, namely Chipko Movement, Bhopal Gas Tragedy and
Andhra Pradesh Gas leak case. The study also includes critical appraisal and conclusion .

1.3 RESEARCH QUESTION

The research question asked in the study is “ How far has India come in the sphere of
Environmental law, what further steps can be take and what is the role of major turning
points?”

1.4 RESEARCH METHODOLOGY

Subjective means like books, articles, and various blogs were used. The usage of secondary
means like existing surveys, thesis, and research papers were also refereed to, all of which are
properly cited in the project.

The information assortment was limited to just secondary sources, due to COVID 19
restrictions. All the referred sources are properly cited with essential assets being the
decisions of the Court in various judgments that I have depended upon to set up the
contentions and the optional sources being the insightful work of different specialists.
Relevant case laws have been cited as well.

1.5 RESEARCH GAP

Research gap in the study is that it is not holistic, it focuses only on India. Moreover, The
study was not able to use any primary source of research because of the prevalent pandemic
and subsequent lockdown
1.6 HYPOTHESIS

The hypothesis before the conduct of the study was just the basic idea about Environmental
laws in contemporary India. But the study enhanced the knowledge by giving in-depth insight
encompassing ancient and future perspectives.

1.7 CHAPTERISATION SCHEME

The chapterization scheme is mentioned in detail in the table of Contents on page no. 4.
 2. INDIA- HOW FAR IT HAS COME

2.1 ANCIENT ACCOUNT

India has an ancient tradition of protecting the environment. The majority of ancient writings
teach that it is the Dharma of each individual in any society to safeguard the environment.
This is why people have always revered natural objects. The idea of preserving nature has
also made its place in the first ancient legal text ‘Manusmriti’ which mentions about the
optimum use of the resources of nature and also prescribes different punishment for causing
injury to plants. Arthashastra written in 321 - 300 B.C. also contains references to
environmental management. Respect for nature is part of the Indian psyche.3

2.2 IN INDEPENDENT INDIA

The Constitution of India does not explicitly mention the nexus between environment, its
protection and development.4 However, articles under Directive Principles of State Policy
(article 48A) and Fundamental Duties [article 51A(g)] talks about this subject. This shows
that the constitution makers/amenders gave the due attention to the issue of environmental
protection. They not only imposed a constitutional duty on the state to apply these principles
in making laws, but also made it a duty of citizens to protect the environment. Judicial
interpretation has strengthened this constitutional mandate. In the case of Tarun Bharat
Sangh Alwar v Union of India5, the Supreme Court had ruled that 'the issues of environment
must and shall receive the highest attention from this court.6 The constitution of India is
probably the first constitution to accord a constitutional status to environment protection.

In spite of environment protection being an integral part of Indian culture, society and
Constitution, the light falling on it dimmed in the initial years of independent India. The
government was more tangled in the issues of poverty and development ‘compulsion’.
Environment did not find a spot on the priority list of government till 1960s. The Stockholm
conference on Human Environment, 1972, proved to be a turning point for environment
protection. It facilitated the creation of National Committee on Environment Planning and

3
https://etheses.bham.ac.uk//id/eprint/220/1/Sinha03LLM.pdf accessed 18 November 2021
4
Ibid
5
1992 AIR (SC), WP(C) No. 509.
6
Supra note 3
Co-ordination (NCEPC). Policy maker attempted to address environment problems by
passing rules and regulations in consonance with the vision of Constitution and NCEPC, and
in response to the requirement of time. Accordingly, Indian parliament has enacted three
major anti-pollution acts: namely, The Water (Prevention and Control of Pollution) Act,
1974, The Air (Prevention and Control of Pollution) Act, 1981, and Environment Protection
Act, 1986. The government did not stop there. In the sixth Five-Year Plan, the planning
commission has called environment a crucial guiding dimension for developmental plans.
Taking this standing further, under the seventh Five-Year Plan, it stated “sustainable
development in harmony with the environment accepts that environment management be
perceived as a major guiding factor for national development in India”.7

2.3 COUNTRY’S CONTRIBUTIONS

Notwithstanding its scant financial resources owing to comparatively low per-capita income,
dense population, and vast geographical expanse8, India has taken various initiatives to make
itself an eco-friendly country. Some of the initiatives are :-

 Following the golden steps of Mahatma Gandhi, Government of India has started
‘Swachh Bharat Abhiyan’ in the year 2014. The Abhiyan aims to make India cleaner,
greener and healthier, it further aims to inculcate a sense of responsibility in citizens,
to actualize Bapu’s dream of Clean India.
 In 2020, on the occasion of World Environment Day, the government announced
‘Nagar Van Scheme’. It has been implemented for five years, within this time span
the government aims to develop 200 Urban Forests across the country. It aims to
contribute to the growth of clean, green and sustainable India.
 Under the vision of SDG 11 (sustainable cities and communities), Ministry of
Housing and Urban Affairs has initiated two indices, namely: Ease of Living Index,
and Municipal Performance Index.
 Ministry of Environment, Forest and Climate Change has started a nationwide
initiative ‘National Green Corps (NGC)’, commonly known as A Programme of
Ecoclubs. It focuses on imparting the knowledge, providing on field experiences,

7
K. I. Vibhute, ENVIRONMENT, DEVELOPMENT AND THE LAW: THE INDIAN
PERSPECTIVE, Journal of Environmental Law, Volume 7, Issue 2, 1995, Pages 137–
148, https://doi.org/10.1093/jel/7.2.137
8
https://sustainabledevelopment.un.org/content/documents/15836India.pdf accessed 02 November 2021
 promoting logical thinking among school going students. Participation by young
minds will make the initiative more inclusive and innovative.
 India has set an ambitious target of 20% ethanol-blending with petrol by 2023-24 and
the ultimate goal is to have 100 per cent ethanol-run vehicles in near future. 9
 India is enthusiastically working on its commitment to generate 175 GW of renewable
energy by 2022 and 450 GW by 2030.
 A dedicated media corner, Twitter and Facebook accounts have been created for
access to air quality related information and to provide a platform for lodging
complaints by general population.10

Abiding by its traditional saying Vasudhaiva Kutumbakam, India has contributed immensely
at global level. In 2015, Prime Minister Narendra Modi, along with the President of France,
has launched International Solar Alliance (ISA) on the sidelines of COP21. The Indian
initiative now has 124 countries as members. It aims to work collectively to overcome the
obstacles in the path of solar energy sector development. In 2019, India raised its ambition
for restoration, promising an increase in restored degraded land from 21 to 26 million
hectares by 2030, under the Bonn Challenge. India has a long list of such commitments and
initiatives. As the fastest growing major economy of the world, India has the potential to
fulfil its commitments at national as well as international level.

Individual contribution is no less important when it comes to protect the environment.

Citizens of India are actively helping their government to actualise set goals and initiatives.
From following laws and regulations to leading various activities, public participation has
proved tremendously effective. Some individual led initiatives which are great success and
gave birth to awareness are: Chennai Coast clean-up, mobile dustbins by Jodhpur residents,
Dal Lake clean-up, Chennai streets clean-up by Leaders Group, and so on.

In spite of numerous initiatives at international, national and individual level, India is far
from being an environmentally ideal country. It will take some time to become a carbon-
neutral, single-use plastic free, absolute law abidance, eco-friendly country.

9
https://www.business-standard.com/article/economy-policy/india-targeting-20-ethanol-blending-with-petrol-
by-2023-24-piyush-goyal-121071601169_1.html accessed 02 November 2021
10
https://greencleanguide.com/india-various-initiatives-or-mitigation-of-air-pollution/ accessed 04 November
2021
 3. INDIA- HOW FAR IT HAS TO GO

India has undertaken several successful initiatives, at least on papers, but it is still far from its
goal of fulfilling bapu’s dream. India’s uneducated and unaware population is the biggest
impediment in the actualization of this aim. From the prism of general solution, spreading
awareness at the grassroot level might solve this problem to a great extent. But for eradicating
the evil of environment pollution India needs some specific solutions. Some are listed below:

 To successfully handle pollution issues, Indian State Pollution Control Boards should
be reinforced. In the meanwhile, forest officials may be allocated the responsibility
and authority for pollution control at the local and regional levels.
 India should integrate the programme of sustainable development and all departments
should adopt a unified approach.
 Indian environmental laws need substantial restructuring for achieving goals of
environmental policies as well as to meet her treaty obligations
 India should strengthen the penalties under different environmental legislation so that
they serve as a deterrent to willful violators.
 Indian Central Pollution Control Board should issue a policy on prosecution and
detailed guidance notes on the lines of the Environment Agency's Prosecution Policy
and Functional Guidelines. Likewise forest departments in India should also issue
policy on prosecution and enforcement for efficient implementation of the forestry
laws11
 The Indian Ministry of Environment and Forests should speed up the use of incentive-
based tools to augment the command and control system.
 The Government of India should establish a permanent professional and autonomous
body on environmental pollution.

11
GOVIND NARAYAN SINHA, “A COMPARATIVE STUDY OF THE ENVIRONMENTAL LAWS OF
INDIA AND THE UK WITH SPECIAL REFERENCE TO THEIR ENFORCEMENT”, The University of
Birmingham
 4. INDIA- TURNING POINTS

Handful of incidents have left ever lasting effects, for better or for worse, on the
environmental conditions in India. The study discusses three of the incidents which have
gained spotlight on international stage.

CHIPKO MOVEMENT-

Started in 1970s, the Chipko Movement was a nonviolent movement dedicated to the
preservation and protection of trees and forests.  It created a precedent for
starting nonviolent protest in India. The Chipko moment got its name from the term
'embrace,' since the locals used to hug the trees and defend them from wood cutters. The
Maharaja of Jodhpur, Rajasthan, requested one of his ministers to procure wood for the
construction of a new palace in 1731. The minister and his staff went to a forest near a
Bishnoi community to chop down trees. Amrita Devi, a Bishnoi woman, demonstrated
incredible bravery by embracing a tree and challenging the king's warriors to cut her first
before chopping the tree. She cared far more about the tree than she did about her own life.
Unfortunately, the king's warriors ignored her pleadings and chopped down the tree, as well
as Amrita Devi. Her three daughters, as well as hundreds of other Bishnois, followed her and
died as a result of their efforts to save trees. Several other rural women were inspired by the
episode and began similar initiatives in various regions of India. The Chipko Movement
gained traction under the leadership of Sunderlal Bahuguna, an activist who dedicated his life
to encouraging and teaching peasants to fight the government's destruction of forests and
Himalayan mountains. In 1980, the chipko demonstrations won a big win with an injunction
prohibiting tree chopping in the state's Himalayan woods for 15 years.
BHOPAL GAS TRAGEDY-

Bhopal was the site of the Bhopal gas catastrophe, which happened in 1984. A catastrophic
chemical reaction happened in the Union Carbide factory on Dec. 3. As a result, water
contaminated the methyl isocyanate gas tank. As a result, the temperature and pressure within
the tank rose. As a result, methyl isocyanate gas was released from the tank. Bhopal was
covered in a cloud of gas. It extended over an eight-kilometer radius. Coughing, dyspnea,
stomach ache, and respiratory tract burning were all symptoms of the gas. The disaster
claimed the lives of over 2000 people and a comparable number of animals. Over one lakh
individuals were sickened, with 5,000 people being badly impacted. Many victims who
survived the accident suffered for the rest of their lives from numerous ailments. As a result
of inhaling the gas, people continue to develop cancer, TB, gynaecological abnormalities, and
other diseases. The catastrophe left an indelible imprint on Indian law, laying the groundwork
for Absolute Liability.

VISAKHAPATNAM GAS LEAK-

The Visakhapatnam gas leak, also known as the Vizag gas leak, happened at the LG
Polymers chemical plant in Visakhapatnam. Due to a rapid spike in temperature at the bottom
of the tank at about 3.30 a.m. on May 7, 2020, deadly Styrene gas spilled from one of the
tanks at LG Polymers Ltd, a South Korean corporation on the outskirts of the city.
Venkatapuram, Venkatadri Nagar, Nandamuri Nagar, Pydimamba Colony, and BC & SC
Colony were among the villages affected by the gas, which spread slowly across a radius of
around 3 km. It resulted in the deaths of 12 persons and the hospitalisation of approximately
500 more. Several residents' lives had been turned upside down as a result of the catastrophe,
notably the poor and middle classes.
 5. SUGGESTIONS

In India, more than 200 laws deal directly or indirectly with pollution and destruction of the
environment. Despite these restrictions, the ecosystem continues to deteriorate due to
numerous loopholes. Most prominent one being the enforcement of such legislations has not
so far been considered in totality. The study put forth handful of suggestions which might
help in mending the loopholes. Three institutions, the National Environment Commission, the
Central and State Pollution Control Board, and the Environmental Court, may be entrusted
with the overall preservation, protection, and development of the environment in India. After
conducting ongoing study, the commission will be in charge of creating environmental
policy, advising the Ministry of Environment and Forests on relevant legislative amendments,
and framing rules and regulations under current laws. Boards will be the agencies in charge
of monitoring, investigating, and enforcing the law. Special Courts may be established at the
regional level, with judges aided by specialists. The MoEF will coordinate the three agencies
at the federal level, without interfering with their independence and facilitating financial and
administrative concerns. Instead of establishing different laws dealing with various
environmental problems, the legislature should construct one integrated environmental code
based on the German Environmental Code[3]. It would prevent requirements from
overlapping. The code should list all of the agencies' constitutions, powers, and functions so
that functional and jurisdictional overlap may be avoided. Instead of political and favoured
appointments, people from many fields of knowledge who are directly or indirectly
connected with the environment should be appointed. It is vital to increase the amount of
fines so that they serve as a deterrent to huge corporations. It is also critical that the code
directs multinational firms to meet the same safety standards as are anticipated in the host
country. Existing anti-pollution legislation, while successful on paper, faces practical
challenges, negating the legislative goal. As a result, amendments must be made in the
relevant areas, based on the law of other nations. Various groups and agencies should be
encouraged to contribute to the establishment of a pollution-free environment.
 6. CONCLUSION

 Law as a form of social control was unknown in ancient India, yet people were aware of
environmental issues. Dharma was a way of life for everyone in the community, and it taught
people to revere nature. Gradually various laws have been enacted to give legal backing to
this consciousness. Since the previous three decades, there has been a paradigm change in the
notion of the right to the environment, principally as a result of a series of worldwide
cooperative projects. Among these, the Stockholm Conference had a crucial role in bringing
attention to global environmental deterioration. As a result, the international status of
environmental and ecological balance has been elevated to levels that no country in history
could have envisioned. The Indian courts have played a pivotal role in steadily broadening
the definition of a good life by addressing a variety of environmental challenges. As a result,
activities that pose a significant risk to the environment have been restricted in order to
safeguard the individual's fundamental right to a healthy environment. Art 21 has been used
in a slew of instances, while some have taken a broader view of the Constitution. Public
participation was as conspicuous as that of the Government. Even after numerous efforts by
individuals and the state, there exists some loopholes. Incorporating some new methods and
altering some already existing ones can help mend the loopholes. Now comes the time to see
hoe the Government will inculcate better laws to erect sustainable India and to make good on
its COP 26 promise of making India a carbon neutral country by 2070.