Unit 10
Unit 10
Unit 10
10.9 Summary
10.10 Answers to SAQs
10.1 INTRODUCTION
Pollution is one of the greatest causes of premature deaths and morbidity in the world
and this burden of pollution is disproportionately borne by the lower and middle
income countries such as India which is a home to more than 1/6 of humanity. In
India, due to the compound effect of its large population and high levels of
1
environmental pollution, the human cost of pollution is among the highest in the
world.
Environmental considerations have been an integral part of the Indian culture. The
need for conservation and sustainable use of natural resources has been expressed in
Indian scriptures, more than three thousand years old and is reflected in the
constitutional, legislative and policy framework as also in the international
commitments of the country. The need for protection and conservation of
environment and sustainable use of natural resources is reflected in the constitutional
framework of India and also in the international commitments of India. The current
focus on environment is not new. Even before India’s independence in 1947, several
environmental legislations were existed but since the year 1970, an extensive network
of environmental legislation has grown in the country.
Objectives
Agencies for making and Enforcement of Environmental Law
Describe the constitutional provision for environmental protection and
conservation in India
Discuss the various Indian environmental laws along with their objectives
Describe the various pollution related acts such as water, air and environment
act
Regulations can be defined as the rules which are authorized by the Government and
approved by legislation /public so they must be followed to control people from doing
anything not permissible by law. Violation of any regulation may cause severe
penalty or punishment or both. Environmental regulation is a complex
interdisciplinary effort involving ethical principles, political interests, scientific
knowledge, and technological capacities. In the parliament, when both the houses
pass a bill it becomes an Act and on the basis of the act, regulations come into force.
Rules are mainly used to restrict any individual from doing anything. People can set
rules in general as per their need while the regulations can be set only by the
government. The major difference in them is that regulations have a wider scope than
rules and that is why the consequence of breaking any regulation is much severe as
compared to the breaking of rules. Environmental standards set by the government
are implemented for the treatment and maintenance of the environment and can
include prohibition of specific activities, methods of monitoring and requiring permits
for the use of land or water. Environmental law, also known as environmental and
natural resources law, is a collective address of environmental pollution related but
distinct set of regulatory regimes, strongly influenced by environmental legal
principles, focus on the management of specific natural resources, such as forests,
minerals, or fisheries.
3
1) Human beings are at the centre of sustainable development concerns: Human
beings are at the centre of the concerns for sustainable development. They are entitled
to a healthy and productive life in harmony with nature.
2) The right to development: The right to development must be fulfilled, so as to
equitably meet developmental and environmental needs of the present and future
generations.
3) Environmental protection is an integral part of the development process: In
order to achieve sustainable development, environmental protection shall constitute
an integral part of the development process and cannot be considered in isolation
from it.
4) The precautionary approach: Where there are credible threats of serious or
irreversible damage to key environmental resources, lack of full scientific certainty
shall not be used as a reason for postponing cost effective measures to prevent
environmental degradation.
5) Economic efficiency: In various public actions for environmental conservation,
economic efficiency would be sought to be realized. This Principle requires that the
services of environmental resources be given economic value, and such value to
count equally with the economic values of other goods and services, in the analysis of
alternative courses of action.
SAQ 1
a) Why is the need for legislation for solving environmental issues?
b) Discuss the National Environment Policy.
c) Write the agencies for making and enforcement of Environmental Laws.
4
free environment from nature so it is our duty to not only protect the environment
from pollution but also improve its quality.
c) Article 253: This article gives power to Parliament to create law for the country or
any part of the territory for implementing any conventions, treaty and agreement with
other countries. By this article Parliament enacted various laws for the protection of
environment.
d) Article 246: This Article divides the subjects of legislation between Union and
State. It also provides Concurrent list in which both State and Union make laws by
sharing jurisdiction which includes forests, protection of wildlife, mines and minerals
development. So, both State and Union have power to make laws for protecting the
environment.
e) Article 47: Imposed duty on the State to improve the standard of living of citizens
by providing health facilities, sanitation, proper nutrition and protect the environment
to live safely. And it also wants from citizens to be more conscious of the
environment.
f) Article 21: It states that “No person shall be deprived of his life or personal liberty
except according to the procedure established by law.” Because of the environment is
not safe then it effects on our life directly. In a verdict Supreme Court of India stated
that the right to live includes living in a pollution-free environment and it is also free
from diseases.
g) Article 19(1) (g): It states that it is the fundamental right of citizens to practice any
profession or to carry any occupation, trade, business in any part of the country with
some reasonable restrictions. In a decision Supreme Court provide upper hand to
environment protection in comparison to freedom of trade. So, the citizen cannot
practice such trade or business activities if it is hazardous to health of public.
h) Article 32 & 226: These articles provide right to citizen to approach to Supreme or
High Court whenever there is violation of fundamental right by PIL (Public Interest
Litigation).
5
10.6.2 The Water Prevention and Control of Pollution Act, 1974
This has been enacted to provide for the prevention and control of water pollution and
to maintain or restore wholesomeness of water in the country. It establishes different
boards for the prevention and control of water pollution with a view to carry out the
aforesaid purposes. The Water Act prohibits the discharge of pollutants into water
bodies beyond a given standard and lays down penalties for non-compliance. Water
(Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the
levy and collection of a cess on water consumed by persons operating and carrying on
certain types of industrial activities. The Act was last amended in 2003.
10.6.3 The Forest Conservation Act, 1980
The Forest Conservation Act, 1980 was enacted to help conserve the country's forests.
It strictly restricts and regulates the de-reservation of forests or use of forest land for
non-forest purposes without the prior approval of Central Government. To this end
the Act lays down the pre-requisites for the diversion of forest land for non-forest
purposes. Recognition of Forest Rights Act, 2006 recognizes the rights of forest-
dwelling Scheduled Tribes and other traditional forest dwellers over the forest areas
inhabited by them. Further, act provides a framework for the same.
10.6.4 The Air Prevention and Control of Pollution Act, 1981
This is an act to provide for the prevention, control and abatement of air pollution and
for the establishment of Boards at the Central and State levels with a view to carrying
out the aforesaid purposes. To counter the problems associated with air pollution,
ambient air quality standards were established under the Air Act. The Air Act seeks
to combat air pollution by prohibiting the use of polluting fuels and substances, as
well as by regulating appliances that give rise to air pollution. The Air Act empowers
the State Government, after consultation with the SPCBs, to declare any area or areas
within the Sate as air pollution control area or areas. The Air Prevention and Control
of Pollution Rules formulated in 1982 defined the procedures for conducting
meetings of the boards, the powers of the presiding officers, decision-making etc.
They also prescribed the manner and the purpose of seeking assistance from
specialists and the fee to be paid to them.
10.6.5 The Environment Protection Act, 1986
The Environment Protection Act, 1986 provides for the protection and improvement
of environment. The Environment Protection Act establishes the framework for
studying, planning and implementing long-term requirements of environmental safety
and laying down a system of speedy and adequate response to situations threatening
the environment.
Under the Environment Act, the Central Government is empowered to take measures
necessary to protect and improve the quality of environment by setting standards for
emissions and discharges of pollution in the atmosphere by any person carrying on an
industry or activity; regulating the location of industries; management of hazardous
wastes, and protection of public health and welfare. From time to time, the Central
Government issues notifications under the Environment Act for the protection of
ecologically-sensitive areas or issues guidelines for matters under the Environment
Act.
In case of any non-compliance or contravention of the Environment Act or of the
rules or directions under the said Act, the violator will be punishable with
6
imprisonment up to five years or with fine up to Rs 100000 or with both. In case of
continuation of such violation, an additional fine of up to Rs 5000 for every day
during which such failure or contravention continues after the conviction for the first
such failure or contravention will be levied. Further, if the violation continues beyond
a period of one year after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to seven years.
10.6.6 Ozone Depleting Substances Regulation and Control Rules, 2000
MoEF vide its notification has notified rules for regulation/ control of Ozone
Depleting Substances (ODS) under Montreal Protocol. As per the notification certain
control and regulation has been imposed on manufacturing, import, export, and use of
these compounds. Organizations as per provisions of notification shall is phase out all
equipment, which uses these substances, and is aiming at CFC free organization in
near future.
10.6.7 Noise Pollution (Regulation & Control) Rules, 2000
The aim of this act is to regulate and control noise from sources like industrial
activity, construction activity, generator sets, loud speakers, music systems, vehicular
horns and other mechanical devices.
10.6.8 The National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010 has been enacted with the objectives to
provide for establishment of a National Green Tribunal (NGT) for the effective and
expeditious disposal of cases relating to environment protection and conservation of
forests and other natural resources including enforcement of any legal right relating to
environment and giving relief and compensation for damages to persons and property
and for matters connected therewith or incidental thereto. Consequent to enforcement
of the National Green Tribunal Act, 2010, the National Environment Tribunal Act,
1995 and the National Environment Appellate Authority Act, 1997 stand repealed.
10.6.9 Coastal Regulation Zone Notification
The Ministry of Environment and Forests had issued the Coastal Regulation Zone
Notification dated January 06, 2011 with an objective to ensure livelihood security to
the fishing communities and other local communities living in the coastal areas, to
conserve and protect coastal stretches and to promote development in a sustainable
manner based on scientific principles, taking into account the dangers of natural
hazards in the coastal areas and sea level rise due to global warming.
10.6.10 Wastes (Management and Handling) Rules 1989 and onwards
These rules are applicable beyond municipal areas and have included urban
agglomerations, census towns, notified industrial townships, areas under the control
of Indian Railways, airports, special economic zones, places of pilgrimage, religious
and historical importance, and State and Central Government organizations in their
ambit. We will discuss on waste management and handling rules in detail in next unit.
SAQ 2
a) Discuss the provisions for the protection of the environment by Constitution of India.
b) Enumerate Environmental related regulations.
7
10.7 THE INDIAN PENAL CODE (IPC)
The Indian Penal Code (IPC) is the main document which governs all criminal acts
and the punishments they ought to be charged with. The objective of enacting the IPC
was to provide a general and exhaustive penal code for crime in India. In order to be
held liable under the IPC, the accused must possess both guilty mind and guilty act.
The IPC extends to the whole of India. Punishments under the IPC can be extended
both to offences committed within India as well as offences committed beyond. The
provisions of IPC apply also to any offence committed by any person on any ship or
aircraft registered in India.
a) Nuisance: Nuisance is related to unlawful interference with one's enjoyment of
land or any right arising from it, thereto. It may be categorized into Public Nuisance
or Private Nuisance. Public nuisance deals with interference with a right pertaining to
public or an individual. There are a few remedies available vis-à-vis public nuisance
in Criminal Procedure Code, 1973. Rule 91 prescribes that a suit may be filed to
obtain a suitable relief or injunction for any cause of action affecting or likely to
affect public nuisance.
b) Negligence: It is necessary to establish a direct nexus between negligence and the
damage caused. The other ingredient that constitutes negligence is that the respondent
did not take sufficient care to avoid public nuisance that the person was required to
take such care under the law.
c) Trespass: It is an unlawful interference with another's possession of property. The
primary ingredient to establish a case of trespass is that there should be an intentional
invasion of another's physical possession of property. Thus two primary ingredients
to establish a case of trespass are:
i) There should be intentional interference
ii) Such interference should be direct in nature
d) Strict Liability: The concept of strict liability brings on his land and collects and
keeps there anything likely to do mischief, facie answerable for all the damage which
is the natural consequence of its escape" like Gas Leak Case, which are hazardous &
toxic or dangerous activity is being carried out in any premises then the compensation
has to be paid directly proportional to magnitude and capacity of the enterprise
because such compensation needs to have a deterrent effect.
10.7.1 Indian Penal Code 1860 (IPC1860)
There are specific penal provisions in various legislations for the protection of
environment. Chapter XIV of the Indian Penal Code, deals with offences relating to
public health, safety etc. The main object of these provisions is to protect the public
health, safety and convenience by rendering those acts punishable which make the
environment polluted and dangerous to the life of an individual.
1) Rule 268-Public nuisance: A person is guilty of a public nuisance who does any
act or is guilty of an illegal omission which causes any common injury, danger or
annoyance to the public or to the people in general who dwell or occupy property in
the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance
to persons who may have occasion to use any public right. A common nuisance is not
excused on the ground that it causes some convenience or advantage. Rule 268 of the
8
Indian Penal Code, 1860, defines the term public nuisance and Rule 290 of the IPC
makes public nuisance punishable.
2) Rule 269-Negligent act likely to spread infection of disease dangerous to life:
Whoever unlawfully or negligently does any act which is, and which he knows or has
reason to believe to be, likely to spread the infection of any disease dangerous to life,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
3) Rule 270-Malignant act likely to spread infection of disease dangerous to life
Whoever malignantly does any act which is, and which he knows or has reason he
believe to be, likely to spread the infection of any disease dangerous to life, shall be
punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
4) Rule 271-Disobedience to quarantine rule: Whoever knowingly disobeys any
rule made and promulgated for putting any vessel into a state of quarantine, or for
regulating the intercourse of vessels in a state of quarantine with the shore or with
other vessels, for regulating the intercourse between places where an infectious
disease prevails and other places, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with both.
5) Rule 277-Fouling water of public spring or reservoir: Whoever voluntarily
corrupts or fouls the water of any public spring or reservoir, so as to render it less fit
for the purpose for which it is ordinarily used, shall be punished with imprisonment
of either description for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.
6) Rule 278-Making atmosphere noxious to health: Whoever voluntarily vitiates
the atmosphere in any place so as to make it noxious to the health of persons in
general dwelling or whoever carrying on business in the neighborhood or passing
along a public way, shall be punished with fine which may extend to five hundred
rupees.
7) Rule 279-Rash driving or riding on a public way: Whoever drives any vehicle,
or rides, on any public way in a manner so rash or negligent as to endanger human
life, or to be likely to cause hurt or injury to any other person, shall be punished with
imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
8) Rule 282-Conveying person by water for hire in unsafe or overloaded vessel:
Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any
person by water in any vessel, when that vessel is in such a state or so loaded as to
endanger the life of that person, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or both.
9) Rule 284-Negligent conduct with respect to poisonous substance: Whoever
does, with any poisonous substance, any act in a manner so rash or negligent as to
endanger human life, or to be likely to cause hurt or injury to any person, or
knowingly or negligently omits to take such order with any poisonous substance in
his possession as is sufficient to guard against any probable danger to human life
from such poisonous substance, shall be punished with imprisonment of either
9
description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
10) Rule 285-Negligent conduct with respect to fire or combustible matter:
Whoever does, with fire or any combustible matter, any act so rashly or negligently as
to endanger human life, or to be likely to cause hurt or injury to any other person, or
knowingly or negligently omits to take such order with any fire or any combustible
matter in his possession as is sufficient to guard against any probable danger to
human life from such fire or combustible matter, shall be punished with
imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
11) Rule 286-Negligent conduct with respect to explosive substance: Whoever
does, with any explosive substance, any act so rashly or negligently as to endanger
human life, or to be likely to cause hurt or injury to any other person, or knowingly or
negligently omits to take such order with any explosive substance in his possession as
is sufficient to guard against any probable danger to human life from that substance,
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with
both.
12) Rule 287-Negligent conduct with respect to machinery: Whoever does, with
any machinery, any act so rashly or negligently as to endanger human life or to be
likely to cause hurt or injury to any other person, or knowingly or negligently omits to
take such order with any machinery in his possession or under his care as is sufficient
to guard against any probable danger to human life from such machinery, shall be
punished with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or both.
13) Rule 290-Punishment for public nuisance in cases not otherwise provided for:
Whoever commits a public nuisance in any case not otherwise punishable by this
code shall be punished with fine which may extend to two hundred rupees.
14) Rule 291-Continuance of nuisance after injunction to discontinue: Whoever
repeats or continues a public nuisance, having been enjoined by any public servant
who has lawful authority to issue such injunction not to repeat or continue such
nuisance, shall be punished with simple imprisonment for a term which may extend to
six months, or with fine, or with both
11
primacy collection units, composting and recycling and providing appropriate
equipment and vehicles for transportation of waste.
SAQ 3
a) What is Indian Penal code?
b) Discuss judicial intervention on waste management.
10.9 SUMMARY
This unit presents overview on the need of Rules and Regulations for environment.
Unit explains about agencies for making and Enforcement of Environmental Laws
and the National Environment Policy. Unit gives details on environmental related
regulations in India. The Indian Penal Code has been discussed in the unit. The unit
has a discussion on judicial interventions and committee on waste management
12