DICHOTOMY BETWEEN INDUSTRIAL POLLUTION AND ENVIRONMENT

PROTECTION: LEGAL LOOPHOLES AND CHALLENGES

Research Proposal for Dissertation

Submitted by:

Srusti Mahakud
2300397LLM

Submitted to:
Centre for Postgraduate Legal Studies
TERI School of Advanced Studies
10, Institutional Area, Vasant Kunj, New Delhi

March 2024
 Table of Contents

Serial Number Contents Page Number

1. Background to Research 3
2. Statement of Problem 4
3. Objectives and Research Questions 4
4. Literature Review and Research Gap 5
5. Objective of the Study 8
6. Hypotheses of the Study 8
7. Methodology 9
8. Tentative Chapterization 9
9. Bibliography 10

2
 I. Background to Research
Change is the law of life, and every step that we take today would bring about a
change in the future- sooner or later. The nations are increasingly taking many steps towards
development, expecting positive outcomes for themselves and their people. India is also a
stepping in the same direction, wherein efforts are being made to ‘optimize efficiency’ 1 in the
movement of both passenger and freight traffic, in the nation by bridging critical gaps in
infrastructure through the development of ‘economic corridors, green-field expressways,
border roads’ etc. This would ensure last-mile connectivity in India, such that every area
would have the access to resources to get developed.
While India, contemplates the flow of positive outcomes from the infrastructural
developments, in the nature of increased connectivity, which would aid in economic
development of the remote unconnected areas in specific and of the nation in general; what
must also be kept in mind is that the industrial activities would invariably have a bearing on
the environment. The growth and expansions, envisaged for inclusive national development
would lead to felling of trees, construction through or proximate to eco-sensitive zones,
interference with wildlife habitats, production of construction wastes causing air pollution,
issues of waste management, impact on quality of soil and water and so forth.2
Yet, the potential economic benefits of the any industrial activities cannot be turned a blind
eye against- as the idea of any nation is to ‘develop’, for the facilitation of which the
development and expansion becomes crucial.

1
Jasrotia, A. (2007), Environmental Protection and Sustainable Development: Exploring the Dynamics of
Ethics and Law, Retrieved December 5, 2022, from https://www.jstor.org/stable/43952074.
2
Luo Xiaofeng, Liu Siwei & Yuan yue, Analysis of The Impact of Highway Construction Related to Social and
Environment, 233 E3S WEB CONF. 01113 (2021).

3
 Such an analysis brings us to the cross-roads between environmental protection and
developmental projects. It makes us reflect over questions like: Whether there exists a trade-
off between environment protection and development? Whether environmental protection
would mean a blanket restriction on developmental projects? Whether development would
entail only negative consequences on the environment? and the like. There is plausibly no
straight-jacket answer to any of these questions, nor is there a straight-jacket formula to
arrive at those answers; because both the aspects under consideration are those of serious
concern, and one cannot be excluded for the benefit of the other.
Having realised the gravity of the aspects under consideration, this research seeks to
analyse the ‘relationship’ between environment protection and development; the possibilities
of balancing both of these interests in a nation like India; the contribution of infrastructure
development, in achievement of this balance, if such a plausibility were to exist; and the steps
taken thereunder, to that end.

II. Statement of Problem

“An investment to build Economy should not super cede the need of healthy
environment.”
Witnessing the world of rapid industrialization and globalization, it is already evident that the
growth of industries is at high pace contributing directly to better economic development but
simultaneously creating menance to Environment. Industries is one of the greatest sector
contributing to economic growth but the environmental degradation in the form of industrial
pollution comprising of air pollution, water pollution, waste generation, soil contamination,
sanitation concerns, etc. It has traditionally been conceived that any kind of developmental
activity, especially the development of physical infrastructure would have potential adverse
impact on the nature and its resources.3 But this might not always be true and literature
suggests that such a pre-conception lacks scientific backing- it grew out of pure human
intuition.4 While this may not be entirely wrong, such a pre-supposition isn’t entirely correct
either. Yet another narrative also exists, which believes that in economic development,
actually lies the potential of environmental protection, and that both of these are more like the
two sides of the same coin5, and not opposed to one another, which is the popular narrative.

3
Marzio Galeotti, ECONOMIC GROWTH AND THE QUALITY OF THE ENVIRONMENT: TAKING STOCK, 9
ENVIRON DEV SUSTAIN 427 (2007).
4
Id.
5
Tanu Shivnani, Environment and Development Dichotomy, 3 6.

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 It thereby becomes important to understand the relationship between development and
environmental protection and how they facilitate or impede one another, in the long run. This
becomes important and relevant in the face of ongoing debates around environmental
protection, globally and especially due to the ongoing implementation of a large-scale
industrial pollution and industrial waste generation.

III. Objectives and Research Questions

The aim of this research is to analyse the relationship between development and
environmental protection, with special reference to industrial pollution and industrial waste
generation and how the Legislature and Judiciary demonstrated their concern to control and
prevent industrial pollution by enacting new legislations and policies.

Objective 1: To critically analyse the linkages between development and environment

protection.
Research Question 1.1: Whether development and environmental protection are
opposed or complementary to one another?

Objective 2: To analyse the potential economic and environmental outcomes of the industrial
activities.
Research Question 2.1: Whether the existing legal safeguards are sufficient in
achievement of a balance between environmental protection and development?
Research Question 2.2: How would the existing legal safeguards ensure the
achievement of this balance?

IV. Literature Review and Research Gaps

Critical analysis of the linkage between development and environment protection.

The debate between environmental protection and development has been going on
since the longest time6 and the relevance of the same cannot be emphasized enough. As on
today, there are two clear opinions on this issue.
One set of people, especially of the ecologists, believe that developmental projects
which facilitate economic growth, invariably damage the environment 7. And this damage

6
Id.
7
Xiaofeng, Siwei, and yue, supra note 3.

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backfires in the long run, when the ecological carrying capacity is exceeded, 8 thereby causing
the nature to backlash,9 impacting human populations in an adverse manner. 10 The situation is
grimmer in ecologically fragile areas like that of the Himalayas, as any unnecessary
intervention could result in large-scale and long-term repercussions- which impacts the nature
and consequently human life as well.11 There have been glaring instances, reflecting the truth
of the situation in the form of cloud-bursts, landslides, incessant rains leading to flooding etc.,
in the hilly regions.
Similar incidences have also been seen in other areas, wherein indiscriminate felling
of trees has led to expansion of deserts 12 into agriculturally fertile plain areas; excessive
greenhouse emissions have led to global warming, and consequently a rise on sea-surface
temperatures which has increased cyclonic events along the eastern Indian coastline, and has
also forced a few cyclonic events on the west coast, lately.13
Thus, the idea that ‘growth’ leads to environmental deprivation isn’t entirely
misplaced,14 but the point of consideration of this research isn’t centered around ‘growth’ per
se- the focus is on ‘development’. It therefore becomes important to understand the difference
between growth and development, which has been beautifully explained in the paper titled,
“Environment and Development Dichotomy” by Tanu Shivnani. In the said paper, the author
asserts that ‘growth’ is focused on a betterment in economic aspects only, which can be
measured in terms of the Gross Development Product (GDP), while development is a much
broader and an all-encompassing concept. 15 She describes that development is about ensuring
the overall wellbeing of people16 and taking steps towards their welfare. 17 Development
encapsulates aspects like that of education, health, environment, along with income.18
This paper thus, leads us on to the second set of opinions around the ‘dichotomy’
between environment protection and development, which is largely dominated by the

8
Syed Ussain Saheb, Sepuri Seshaiah & Buddolla Viswanath, Environment and Their Legal Issues in India, 1 8
(2012).
9
Arvind Jasrotia, Environmental Protection and Sustainable Development: Exploring the Dynamics of Ethics
and Law, 49 JOURNAL OF THE INDIAN LAW INSTITUTE 30 (2007).
10
Id.
11
Pradyumna P. Karan, Environment and Development in Sikkim Himalaya: A Review, 17 HUMAN ECOLOGY
257 (1989).
12
J. Spears, Deforestation Issues in Developing Countries the Case for an Accelerated Investment Programme,
64 THE COMMONWEALTH FORESTRY REVIEW 313 (1985).
13
James Lighthill et al., Global Climate Change and Tropical Cyclones, 75 BULLETIN OF THE AMERICAN
METEOROLOGICAL SOCIETY 2147 (1994).
14
Shivnani, supra note 6.
15
Id.
16
Id.
17
Id.
18
Id.

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economists’ point of view. The economists, given their academic orientation, are certainly in
favour of economic growth. But, over the years, they have given up on their hard-core stance,
and have begun to consider the impacts of both growth and development on several aspects-
like society, ecology etc. This is well reflected by the growth of a new branch of economics
called ‘Environmental economics’, and the increased popularity of the ‘Environmental
Kuznet’s curve’19, which studies the relationship between pollution and people’s income.
Since pollution in most cases is taken to be an outcome of development, so considering it
becomes relevant in the study of environment- development debates.
Many economic theorists have suggested that development and environment aren’t
opposed to one another- rather they complement each other. 20 And this narrative has been
greatly supported by the World Bank in its World Development Report, 1992, 21 wherein the
report regards the ‘dichotomy’ between environment and development as ‘false’22 and goes
on to assert that “without adequate environmental protection, development will be
undermined; without development, environmental protection will fail” 23. Thus, a clarion call
has been made to adopt the methods and practices of ‘sustainable development’, such that as
we develop, we also sustain the environment and hence our race in the long run. Ideologies
similar to what has been advocated by the World Bank, have also been put forth in several
literature. In a nation with acute and abject poverty, the first priority of the poverty-stricken
people is to secure the basic necessities of life for themselves. To that end, they take on the
environment, adopt unsustainable practices and in the process cause pollution, natural
resources’ depletion and hence environmental damage24. This is evident in India itself,
wherein people from the lower socio-economic classes tend to exploit the forest resources for
several reasons like fuelwood, fodder, minor forest produces and to earn a livelihood 25. Thus,
the assertion of Professor Ingo Walter and Judith L Ugelow in their work titled
“Environmental Policies in Developing Countries” that the environmental problems in
developing nations are a result of their poverty and not their affluence 26 proves appropriate in
this context.

19
Galeotti, supra note 4.
20
Elena Ivanovna Danilina & Vladimir Evgenevich Chebotarev, Comprehensive Assessment of Road and
Communal Infrastructure as an Important Tool for Sustainable Development of the Urban Economy, 12
THEORETICAL AND EMPIRICAL RESEARCHES IN URBAN MANAGEMENT 33 (2017).
21
WORLD DEVELOPMENT REPORT. 1992: DEVELOPMENT AND THE ENVIRONMENT, (2. print ed. 1992).
22
Id.
23
Id.
24
Shivnani, supra note 6.
25
SATENDRA & ASHUTOSH DEV KAUSHIK, FOREST FIRE DISASTER MANAGEMENT (Edition: First ed. 2014).
26
Ingo Walter & Judith L. Ugelow, Environmental Policies in Developing Countries, 8 AMBIO 102 (1979).

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Analysis of the potential environmental outcomes and legal loopholes of the Industrial
Pollution in India
With the advent of industrial revolution and advancement made in science and
technology, man has excelled in creating comforts for himself. In his quest for comfortable
life, man has been exploring nature and causing damage to the environment.
Scientific development and unprecedented exploration of natural resources disturbed
the ecological balance. Deforestation causing global warming, Chlorofluorocarbon releasing
into air causing damaging ozone layer, multipurpose irrigation projects creating
displacements, toxic chemicals from industries and automobiles transforming into acid rain,
development projects leading to flooding and affecting biodiversity.
Industrialiazation is sine qua non for economic development. The present pattern of
industrial activity compelled to use of hazardous substances and leading to toxic wastes as
industries emit toxic chemicals, hazardous solid wastes and noxious fumes thereby causing
environmental pollution. As industrial pollution cannot be totally eliminated, we can only
reduce it over a period of time through comprehensive legal mechanism to achieve
sustainable development and to have a balanced approach between human prosperity and the
total wellbeing of our planet in the long run. However, the environmental problems of
developing countries like India are not only the side of effects of excessive industrialization,
but reflect the inadequacy of development. The existing laws that are incidentally dealing
with environment has the following shortcomings:
a) Most of the Laws are outdated;
b) The laws lack a statement of explicit policy objectives;
c) The laws lack adequate provisions in helping the machinery for their implementation;
d) The laws are mutually inconsistent;
e) The procedure lacks stringent enforcement to achieve the objective of the laws.

V. Objective of the Study

The specific objectives of the present study are as follows:
1) to assess the international attempts in order to contain industrial pollution;
2) to assess the effectiveness of the common law remedies in industrial pollution
cases;
3) to analyse the constitutional and legal framework pertaining to environment
protection;

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 4) to study the judicial approach in protecting the environment against industrial
pollution and
5) to examine implementation of Water Act, Air Act and Environment Protection
Act along with other ancilliary legislation.

VI. Hypotheses of the Study

Keeping in view of the above objectives, the following hypotheses are formulated.
i. International Environmental laws made a remarkable contribution in
setting up uniform standards and norms for the nations to mould and guide
national environmental policies.
ii. Common law remedies are inadequate and are not suited to deal with
modern industrial pollution problems.
iii. The pollution control laws in India are poorly drafted and their focus on
the industrial pollution problem is very narrow.
iv. Judiciary in India' played positive role and developed new sustainable
environmental jurisprudence.
v. Administrative machinery is insensitive and inadequate in controlling and
abating the industrial pollution.
VII. Methodology
This research would adopt doctrinal research methodology for understanding the nuanced
relationship between industrial activities, environmental protection and development in
general. Case study method would be employed to analyse the facets of industrial activities
and its bearing on environment and development, in particular.

VIII. Tentative Chapterization

Chapter 1: Introduction
1.1 Importance of the present study- a bird’s eye view
1.2 Literature review
1.3 Scope of the research
1.4 Structure of the research

Chapter 2: Relationship between development and environmental protection

2.1. Understanding the relationship between environmental protection and
development.

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 2.1.1 The dichotomy
2.1.2 The harmony
2.1.2.1 Understanding the environmental Kuznet’s curve

Chapter 3: Infrastructure development and environment

3.1. Positive impacts
3.2. Negative impacts

Chapter 4: Analysis of the dichotomy between industrial pollution and environmental

protection
4.1. Environmental pollution and protection: International perspective
4.2. Industrial pollution: constitutional and legislative measures
4.3. Legal dimension of Environmental Impact Assessment and Environmental Audit
4.4. Role of Judiciary
4.4.1. Steps taken to mitigate the adverse impacts on environment

Chapter 5: Conclusion

IX. Bibliography
1) Shivnani, T. (2016, October- December). Environment and Development
Dichotomy. IJRAR. Retrieved December 4, 2022, from
http://ijrar.com/upload_issue/ijrar_issue_649.pdf
2) Jasrotia, A. (2007). Environmental Protection and Sustainable Development:
Exploring the Dynamics of Ethics and Law. Retrieved December 5, 2022,
from https://www.jstor.org/stable/43952074.
3) Galeotti, M. (2006, February 21). ECONOMIC GROWTH AND THE
QUALITY OF THE ENVIRONMENT: TAKING STOCK - Environment,
Development and Sustainability. SpringerLink. Retrieved December 5, 2022,
from https://link.springer.com/article/10.1007/s10668-006-9030-y
4) International Research Journal of Environmental Sciences : Environment and
Their Legal Issues in India - ISCA. (n.d.). International Research Journal of
Environmental Sciences : Environment and Their Legal Issues in India -

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 ISCA. Retrieved December 6, 2022, from
http://www.isca.in/IJENS/Archive/v1/i3/8.ISCA-IRJEvsS-2012-043.php
5) Walter, I., & Ugelow, J. L. (1979). Environmental Policies in Developing
Countries. Ambio, 8(2/3), 102–109. Retrieved December 6, 2022, from
http://www.jstor.org/stable/4312437

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