RIGHTTO ENVI

RONMENT:
LAW ANDPOLICYPERSPECTI
VE

PRI
YANSHUSHEKHAR

U
 Declaration of Work

This is to certify that the project titled, Right To Environment, Law And
Policy Perspective , submitted by me in the partial fulfilment of the requirements for
completion of 8th semester, B.A.LL.B. 5 Years (Hons.) integrated course, is my
original work. This project work has not been submitted by me anywhere else for the
purpose of publication.

Candidate ‘s signature……..

Candidate’s name Priyanshu Shekhar

 Certificate

This is to certify that the project titled Right to Environment, Law And Policy
Perspective , submitted by Priyanshu Shekhar , Roll number…82 , Enrolment
number...U2041092 , has been completed by her/him at Faculty of law, university of
Allahabad, under my supervision.

Signature -

Name of project teacher

Dr. Shraddha Chaudhary
 ACKNOWLEDGEMENT

Presentation, inspiration and motivation have always played a key role in

success of any venture. On this very outset of this assignment, I would like to
extend my sincere gratitude towards our project paper Dr. Shraddha
Chaudhary ma’am for support, encouragement and conscientious guidance
to accomplish this project work on the topic: “RIGHT TO ENVIRONMENT ,
LAW AND POLICY PERSPECTIVE ”. In the present world of competition, there
is a race of existence in which those are having will to come forward and
succeed. Assignment work is like a bridge between theoretical and research
working. This helped me in doing a lot of research and I came to know about
so many new things. I am overwhelmed in all humbleness and gratefulness to
acknowledge my depth to all those who have helped to put these ideas, well
above the level of simplicity and into something concrete.

Thanking you

Priyanshu Shekhar
Enrollment U2041092
Course B.A.LL.B ( Hons ) Integrated Course
Section B
 Table of contents

• Declaration of the work

• Certificate
• Acknowledge
• Research methodology
• Abstract

Introduction.....................
History and Evolution of Environment ..............
Need for Environment Law..........
Right to Environment under Indian Constitution...........

• Preamble
• Directive Principles of State Policy
• Fundamental Duties
• Fundamental Rights
• Federal Division of Powers and Environment

Legislative Mandate For Environment Protection..............

International Law to Protect Environment...........

• Role of United Nations

• Stockholm Declaration, 1972
• Rio Earth Summit , 1992
• Agenda 21 , Forest Principles, UNFCCC , CBD , CSD.
• Kyoto Protocol, 1997
 • Conference on the Parties
• World Charter for Nature , 1982
• UN Convention on the law of the Sea , 1982
• Vienna Convention, 1985
• Montreal Protocol, 1987

Civil Society and Environment................

Challenges For Environment Protection..................
Judiciary Involvement.................
Conclusion..........
Suggestions
References
 List of Cases

I. Taj Trapezium case ..,......,.. 1987 SCR (1) 819

II. Vehicular Pollution case ........... 1995 SCR (1) 866
III. Rural Litigation Entitlement kendra case.......... AIR 1988 SC 2387
IV. TN Godavarman v. Union of India ............AIR 2012 SC 1254
V. Sri Ram-food and fertilizers Case ..........AIR 1987 SC 1086
VI. Ratlam v. Vandhichard & others........ AIR 1980 SC 1622
VII. Subba Rao v. State of Himachal Pradesh........ AIR 1989 SC 171
VIII. Almitra H. Patel v. Union of India.......... AIR 2000 SC 1256
IX. Welfare forum v. Union of India ........AIR 1996 SC 2715
X. Charan lal sahu v. Union of India............. (1990) 1 SCC 613
XI. M.C. Mehta v. Union of India......... AIR 2000 SC 1997
XII. L.k.koolwal v. State of Rajasthan .........1987 (1) WLN 134
XIII. Maneka Gandhi v. Union of India.......... AIR 1978 SC 597
XIV. M.C. Mehta v. Union of India..........AIR 1988 SC 1037
 List of Abbreviations

SC....... Supreme Court

NGTA..... National Green Tribunal Act

SDGs........ Sustainable Development Goals

UN......... United Nations

DPSP.. Directive Principles of State Policy

FDs......... Fundamental Duties

FRs...... ... Fundamental Rights

UNEP. ......... United Nations Environment Programme

UNCED... .... United Nations conference on Environment and Development.

UNFCCC.........The United Nations Framework convention on climate change.

CBD. ....,......Convention on Biological Diversity

NBA...............National Biodiversity Authority

CSD....Commission on Sustainable Development

Cop..... Conference of the Parties

UNGA.... United Nations General Assembly

UNCLOS.......United Nations Convention on the law of Sea

PIL.............Public Interest Litigations.

AIR.........All India Reporter

 Research Methodology

In researching the right to environment from a legal and policy perspective, a comprehensive approach
involves reviewing existing literature, analyzing case studies, and conducting legal and policy analyses.
By comparing frameworks across different jurisdictions and engaging stakeholders through interviews or
surveys, a nuanced understanding of environmental rights can be achieved. Ethical considerations, such
as environmental justice and intergenerational equity, must also be addressed. Synthesizing findings
enables the formulation of informed recommendations for policymakers and practitioners to enhance
environmental protection. This multidimensional approach ensures a thorough examination of the
complex intersections between law, policy, and environmental rights in promoting a sustainable future.
 Abstract

The right to a healthy environment from a legal and policy perspective encompasses the
fundamental human right to a clean, safe, and sustainable environment. This abstract explores the
evolution of environmental rights within international, regional, and national legal frameworks,
highlighting key principles, challenges, and opportunities in enforcing and implementing environmental
law and policy. It examines the interplay between human rights, environmental protection, and
sustainable development, emphasizing the need for holistic approaches that balance social, economic, and
environmental interests. Additionally, it explores emerging trends such as climate change litigation,
environmental justice movements, and the role of non-state actors in shaping environmental governance.
Ultimately, it underscores the importance of robust legal and policy frameworks in safeguarding the right
to a healthy environment for present and future generations.

Keywords Right to Environment, Rights under Indian constitution, DPSP,

Fundamental Rights, legislative Mandate, International convention, Stockholm
conventions , Rio Summit, Sustainable Development, Civil Society , Challenges, Judiciary
Involvement, Cases.
Introduction

" By destroying nature, environment, man is committed matricide, having in a

way killed Mother Earth, Technological excellence, growth of industries, economical gains
have led to depletion of natural resources irreversibly, indifference to the grave
consequences, lack of concern and foresight have contributed in large measures to the
alarming position." 1
Justice Arijit Pasayat
It is axiomatic that 'mankind is the part of nature and life depends on the
uninterrupted functioning of natural system which ensures the Supply of energy and nutrients'
which is essential for every life support system. Man must live in harmony with nature which
nourishes him and provides all basics of human life. Thus, basic precepts also envisage the
protection of nature means preservation of humanity. Mankind is a part of nature - not
essential for nature. For the greatest environmentalists, humans are of lesser importance than
the abundant and diverse flora and fauna of the planet. Humans are defined as a recent
addition to the livestock and are considered to have been a wholly disruptive influence on a
world which was a paradise before their arrival, The problem of environmental pollution and
degrading has assumed threatening dimensions particularly during the last three decades.
Other two major contributors to environmental pollution and degradation are
poverty and population explosion , who have also emerged as formidable problem of the
humanity today.
The right to a healthy environment is a cornerstone of human rights,
recognized both nationally and internationally. In India, the Constitution guarantees the right
to life under Article 21, interpreted by the judiciary to include the right to a clean and healthy
environment. Landmark cases such as MC Mehta v. Union of India have emphasized the
government’s duty to protect and preserve the environment for present and future
generations. Additionally, statutes like the Environment (Protection) Act, 1986, and the
National Green Tribunal Act, 2010, provide legal mechanisms for environmental protection
and redressal of grievances.
. On the international stage, the right to a healthy environment is enshrined in
various treaties and declarations, including the Stockholm Declaration of 1972 and the Rio

1 T.N.Godavarman Thirumalpad v. Union of India 2002 10 SC C606

Declaration of 1992. The United Nations has recognized the importance of environmental
rights through initiatives like the Sustainable Development Goals (sdgs), particularly Goal 15
which aims to protect, restore, and promote sustainable use of terrestrial ecosystems. Despite
these advancements, challenges remain, requiring concerted efforts from governments, civil
society, and individuals to ensure the effective implementation of environmental rights both
in India and globally.

History And Evolution of Environment

In India, the history of environmental protection can be traced back to ancient times,
with practices like tree worship and conservation embedded in cultural traditions.
Ancient. Since Vedic time the main motto of social life was 'to live in harmony with
Nature: Sages, saints and great teachers of India lived in forests, meditated expressed
themselves in the form of Vedas, Upanishads, Smritis, and Dharmas. This literature of older
times preached in one form or the other a worshipful attitude towards plants, trees, Mother
Earth, Sky(aakash), air(vayu), water(jal), and animals and to keep a benevolent attitude
towards them2.
The Hindu religion enshrined a respect for nature, environmental harmony and
conservation. It instructed man to show reverence for the presence of divinity in nature.
Ahimsa Parmo Dharmah (non-violence) is the dharma of the highest order,
one should be non-violent towards animals, trees, and other micro-organisms alike.
One of the earliest examples of environmental protection in ancient India can
be found in the concept of 'Pancha Mahabhutas' (five great elements) which include earth,
water, fire, air and space. These elements were reversed and considered essential for
maintaining balance and harmony in the universe.
Additionally, Hinduism, Buddhism, and Jainism, the major religious of
ancient India, advocated for non-violence (ahimsa) and respect for all living beings.
The Rigveda, one of the oldest Vedic texts, contains hymns praising nature
and expressing gratitude towards the earth and its resources.
Ancient Indian kings and rulers also implemented policies to protect forests,
wildlife, and water bodies.

2 S.C. Shastri, Environmental Law , Third Edition , 2008 , page no.1

 Modern The modern environment at movement gained momentum in the 20th
century influenced by global developments and local concerns.
The establishment of institutions like the Indian Board for wildlife (1952) and
the Indian Forest service (1966) laid the groundwork for organized conservation efforts.
The 1972 wildlife Protection Act was enacted to safeguard endangered species
and their habitats. This decade also saw the emergence of grassroots movements like the
Chipko Movement, which protested against deforestation and highlighted the need for
Sustainable forestry practices.
The Environmental Protection Act was passed in 1986, providing a
comprehensive framework for environmental protection and conservation, This period also
saw the establishment of the Ministry of Environment and Forests in 1985, signaling the
government's increased focus on environment at governance.
The 1991 forest conservation Act aimed to regulate deforestation and protect
forest lands. Additionally, environmental activism and advocacy groups gained momentum,
pushing for stricter regulations and accountability in industries affecting the environment.
In 2020s, Efforts of address air pollution, water pollution and biodiversity loss
continue through policy interventions, technological innovations, and public awareness
campaigns, Initiatives like the Jal Jeevan Mission aim to provide clean dinking water to all
households by 2024.

Need for Environmental Law

In an era marked by pressing ecological challenges, the role of

environmental law has never been more crucial. Environmental law encompasses a wide
range of legal principles, regulations, and statutes designed to protect and preserve the natural
world while accommodating the needs of human society.
Environmental laws serves as a vital framework for promoting sustainable
development and safe guarding ecosystems for present and future generations.
Environmental laws establish frameworks for preserving ecosystems, habitats,
and biodiversity,
Environmental laws regulate the release of pollutants into the air, water, and
soil, aiming to reduce environmental degradation and minimize adverse impacts on human
health and ecosystems.
 Regulations on environmental quality and pollution control aim to safeguard
public health by reducing exposure to harmful substances and preventing environmental
hazards in communities.
Environmental laws play a crucial role in promoting environmental protection,
sustainable development and the well-being of present and future generations on a global
scale.

Right to environment under Indian Constitution

Preamble to the Indian Constitution

The Preamble to the Indian Constitution which starts with “We the People” sets out
the goals and objectives of the Constitution. It declares India to be a Sovereign Socialist
Secular Democratic Republic. It has been declared to be a key to open the mind of
constitution makers.3 Though Words “Secular and Socialist” were added later on to the
Constitution by 42nd Amendment yet the Constitution had secular as well as socialist fabric
right from its inception. Various provisions in the Constitution deal with the socialist and
secular fabric of the nation in particular Part IV lays down emphasis on Socialistic pattern of
governance and Part III spells out the secular fabric of the country.
Word Socialist in the Indian Constitution read in conjunction with Part IV of the
Indian Constitution points out that the Constitution adopted welfare government on socialistic
pattern whose prime aim was welfare of people. Social welfare not possible if the people are
forced to live in unclean environment which jeopardise their health and lives. The use of
words “Democratic Republic” further brings the point home that the government is to work
for the welfare of the masses and that the people have right in participate in government
process. This implies that government shall seek to provide, apart from other things, a clean
environment suitable for human abode.
The Preamble also aims to achieve Justice Social, Economic and Political. A nation
where rich and influential pollute the environment by uncontrolled and rampant
industrialization and unregulated, unhindered and illegal mining without caring for the
environment causing irreparable loss to the ecology and people can not be said to be a nation
having welfare state and providing social and economic justice. Hence, the Preamble not only
talks about socialistic pattern but also that there shall be economic, political and social

3 Re Berubari Union, AIR 1960 SC 845

justice. Thus, though the Preamble does not expressly deal with environment yet the language
of Preamble is wide enough to cover environment protection and clean environment as
implicit therein.

Directive Principles of State Policy

Part IV of the Constitution of India lays down Directive Principles of State Policy.
They lay down the socio-economic goals of the nation. Though Directive Principles are non-
justiciable yet they have been declared to be fundamental in the governance of the country
(Article 37). Before 42 Amendment, there was no specific provision in Part IV dealing
exclusively with environment. However, goal of environment protection in the Indian
Constitution can be inferred from the provisions enshrined in Articles 38, 47 and 50 read with
Article 37.

Article 37 casts a duty on the State (i.e.. All the organs of the State -legislature,
executive and Judiciary) to apply directive principles in making laws.
Article 38 seeks to achieve welfare of the people by casting obligation on the State to
target social, Economic and political justice. As explained earlier, social, economic and
political justice alongwith Welfare of people enjoins a duty upon State to protect and preserve
the environment which is essential For the well being of the country and of future generation.
Article 47 spells out the primary duty of the State to improve public health (Article
47). Improvement Of Public Health takes within itself that the environment is free from
pollution and conducive for Human dwelling and public health. The surrounding environment
filled with smoke, pollutants and Smog caused by rampant, uncontrolled and unregulated
industrialization, construction activities and Stubble burning causing irreparable damage to
the lungs of people living in vicinity and causing other . Health hazards is surely anti-thesis to
the goal enshrined in Article 47 i.e. Improvement of public health. Thus, though article 47
does not spell out in express terms the duty of the government to protect environment and
promote clean environment yet it is implicit in it because improvement of public health is not
possible in an unclean environment.

Article 51 provide for promotion of internal peace and security and for fostering
respect for international law and treaty obligations. Henceforth, State shall endeavour to
implement international law and treaties and foster respect for them including but not limited
to international obligations pertaining to protection of environment. Thus Article 51 seeks to
promote protection of environment in consonance with international obligations.
Thus, though there were no express provisions pertaining to protection of
environment in the Constitution yet promotion of environmental protection was implicit in
Part IV of the Constitution of India even prior to its amendment by Constitution
(Forty-second Amendment) Act, 1976. Constitution (Forty-second Amendment) Act, 1976
inserted an express provision pertaining to environmental protection in Part IV in the form of
Article 48A. It reads as under: The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country . After insertion of an
express provision in in Part IV alongwith other provision in other parts of the Constitution, it
became incumbent on the part of the State to protect the environment and to promote clean
4
environment.

Fundamental Duties

Part IV A of the Constitution of India inserted by Constitution (Forty-second

Amendment) Act, 1976 imposes duties upon very citizen of India. Article 51A casts eleven
duties upon the citizens of India.” Article 51A(g) casts the following duty upon the citizens of
India5 to protect and improve the natural environment including forests, lakes, rivers and
Wild life, and to have compassion for living creature .
Mode of enforcement of fundamental duties was not expressly provided by the
Constitution. However, The powerful pronouncement of the Rajasthan High Court in L.K.
Koolwal v. State of Rajasthan 6 Clarified the co-relation between rights and duties when the
court observed that rights and duties co exist and there can not be any right without any duty
and there can not be duty without any right.
Hence, the duty of one is the right of another and rights are justiciable. While
considering the enforcement of fundamental duty enshrined in Article 51A(g) and the
directive Principle contained in Article 48A, the Supreme Court in Shri Sachidanand Pandey
v. State of West Bengal observed that Court can not shrug its shoulders on the ground that
priorities are matter of Policy and therefore, the court should leave the matter. The court
concluded that court can always give necessary directions in the matter.

4 Constitution of India , M.P. Jain

5 Constitution eighty sixth amendment act 2002 inserted the provision
6 AIR 1988 Raj . 2
 Fundamental Rights
The Constitution of India under part III guarantees fundamental rights which are
essential for the development of every individual and to which a person is inherently entitled
by virtue of being human alone. Right to environment is also a right without which
development of individual and realization of his or her full potential shall not be possible.
Articles 21, 14 and 19 of this part have been used for environmental protection.
According to Article 21 of the constitution, “no person shall be deprived of his life or
personal liberty except according to procedure established by law”. Article 21 has received
liberal interpretation from time to time after the decision of the Supreme Court in Maneka
Gandhi vs. Union of India, Article 21 guarantees fundamental right to life. Right to
environment, free of danger of disease and infection is inherent in it. Right to healthy
environment is important attribute of right to live with human dignity.
The right to live in a healthy environment as part of Article 21 of the
Constitution was first recognized in the case of Rural Litigation and Entitlement Kendra vs.
State,7 (Popularly known as Dehradun Quarrying Case). It is the first case of this kind in
India, involving issues relating to environment and ecological balance in which Supreme
Court directed to stop the excavation (illegal mining) under the Environment (Protection)
Act, 1986. In M.C. Mehta vs. Union of India8 the Supreme Court treated the right to live in
pollution free environment as a part of fundamental right to life under Article 21 of the
Constitution.
Excessive noise creates pollution in the society. The constitution of India
under Article 19 (1) (a) read with Article 21 of the constitution guarantees right to decent
environment and right to live Peacefully. In PA Jacob vs. The Superintendent of Police
Kottayam,, the Kerala High Court held that freedom of speech under article 19 (1)(a) does
not include freedom to use loud speakers or sound amplifiers. Thus, noise pollution caused by
the loud speakers can be controlled under article 19 (1) (a) of the constitution.

Article 19 (1) (g) of the Indian constitution confers fundamental right on

every citizen to practice any profession or to carry on any occupation, trade or business. This
is subject to reasonable restrictions. A citizen cannot carry on business activity, if it is health
hazards to the society or general public. Thus safeguards for environment protection are
inherent in this. The Supreme Court, while deciding the matter relating to carrying on trade of

7 1985 2 SCC 431

8 1987 AIR 1086
liquor in Cooverjee B. Bharucha Vs Excise commissioner, 9 Ajmer observed that, if there is
clash between environmental protection and right to freedom of trade And occupation, the
courts have to balance environmental interests with the fundamental rights to carry on Any
occupations, Public Interest Litigation under Article 32 and 226 of the constitution of India
resulted in a wave of environmental litigation.
Environment protection is part of our cultural values and traditions. In
Atharvaveda, it has been Said that “Man’s paradise is on earth; this living world is the
beloved place of all; It has the blessings of Nature’s bounties; live in a lovely spirit”. Earth is
our paradise and it is our duty to protect our paradise.
The constitution of India embodies the framework of protection and
preservation of nature without which Life cannot be enjoyed. The knowledge of
constitutional provisions regarding environment protection is need of the day to bring greater
public participation, environmental awareness, environmental education And sensitize the
people to preserve ecology and environment.

Federal Division of Powers and Environment

India has a federal form of government therefore there is a division of (legislative,

administrative and financial) power between the union government and the state
governments. Part XI of the constitution deals with the legislative and administrative division
of power between the Union government and the state governments and their powers have
been clearly mentioned in the Seventh Schedule. Article 246 (Part XI) contains 3 lists-Union
list, State list and Concurrent list. 10
The Union list (List I) contains 97 subjects over which the Union government
can legislate. These include defence, foreign affairs, atomic energy, transportation, shipping,
mines and mineral development, inter-state rivers etc.
The State List (List II) contains 66 subjects over which state legislatures have the
power to make laws. These include public health and sanitation, agriculture, water supplies,
irrigation, drainage, fisheries etc.
There are 52 subjects in the Concurrent list (List III) over which both the
Parliament and the state legislatures can legislate but in case of a conflict between the laws
made by the Parliament and the state legislatures the constitution says that the laws made by

9 1954 AIR 220

10 Articles 246 and 254 , Constitution of India
the Parliament will prevail. The subjects like forests, the protection of the wildlife, mines and
mineral development (not covered by the Union list), population list, family planning etc are
covered by the Concurrent list.
Parliament has the power to make laws with regard to the matters not included in any
of the lists, these powers of the Parliament are called as the residuary powers. Parliament has
been empowered to legislate with regard to matters included in the state list, if it is ‘necessary
or expedient in the national interest’ and if it is passed by 2/3 of the members present and
voting in the Council of States. (Article 249) (Part XI). The Water (Prevention and Control)
Act of 1974 was enacted by the Parliament after it was passed by 12 state legislatures.
Further Article 253 of the constitution empowers the Parliament to make laws for the
whole or any part of the country to implement international obligations and treatises. The
Parliament has used this power to enact the Air (Prevention and Control of Pollution) Act of
1981 and the Environment Protection Act of 1986 to implement the decisions of the
Stockholm Conference. The division of legislative powers between the Union and the state
legislatures from the environmental view point is noteworthy. The environmental issues
which are best tackled at the local level such as sanitation, waste disposal have been placed in
the State list and the issues such as water pollution and wildlife which need uniform approach
have been placed in the Union list.
Legislative Mandate For Environment Protection

Stockholm Declaration of 1972 was the first major effort to conserve and
protect the human environment at the international level. As a result of this Declaration, the
States were required to approve legislative mandate to protect and improve the environment
in concerned State. Consequently, for that reason Indian Parliament inserted two Articles, i.e.,
48–A and 51–A in the Indian Constitution in 1976 11 . Article 48– A of the Constitution
rightly directs that the State shall endeavour to protect and improve the environment and
safeguard forests and wildlife of the country. In the same way, Clause [g] of Article 51– A
imposes a duty on every citizen of India, to protect and improve the natural environment
including forests, lakes, river, and wildlife and to have compassion for living creatures. With
the collective effect of Articles 48–A and 51–A [g] it appears that the „State# as well as the
„citizen# are now under constitutional responsibility for the protection, experience and
improvement of the environmental situations of India. Every generation owes a duty to all
succeeding generations to develop and conserve the natural and original resources of India in
the superlative possible way. The phrase „protects and improves# appearing in both these
Articles 48–A and 51–A[g] seems to reflect an affirmative Government action to improve the
quality of environment and not just to preserve the environment in its polluted form.

11 These Articles Inserted by the Constitution ( 42nd Amendment) Act , 1976

 Apart from the constitutional mandate to protect and improve the environmental
12
conditions, there are a series of legislations are available on the subject but more relevant
legislations for our purpose are the Forest [Conservation] Act, 1980; the Water [Prevention
and Control of Pollution] Act, 1974; the Wildlife [Protection] Act, 1972; the Environment
[Protection] Act, 1986; the Air[Prevention and Control of Pollution] Act, 1981; the National
Environment Tribunal Act, 1995; the National Green Tribunal Act, 2010; the Biological
Diversity Act, 2002 and the Hazardous Wastes [Management and Handling] Amendment
Rules, 2003 etc.

Water [Prevention and Control of Pollution] Act, 1974

This act provides for the prevention and control of water pollution and the
maintaining or resorting of the integrity of water. This Act prohibits any poisonous, noxious
or polluting material from entering into any source, stream or well. This Act provides for the
formation of Central Pollution Control Board in Center and the State Pollution Control Board
in State. It is mandatory that new industries are required to obtain prior approval of such
Boards before discharging any trade waste matter, sewages into sources of water. No person
shall, without the prior consent of the Board, use a new or altered outlet for the discharge of
sewage or trade waste into any stream or well or sewer or land. The consent of the Boards
shall also be required for continuing an existing discharge of sewage or trade waste matter
into a stream or well or sewer or land.
The Air [ Prevention and Control of Pollution] Act , 1981
The Air [Prevention and Control of Pollution] Act, 1981 has been designed to
prevent, control and abatement of air pollution in the climate. The main sources of air
pollution are industries, factories, automobiles, domestic fires and vehicles etc. The air
pollution adversely affects heart and lung and reacts with hemoglobin in the blood and air
pollution also causes dangerous disease like asthama and mental tension which leads to
increase crimes in the society.
This Air Act defines an air pollutant as any solid, liquid or gaseous substance
having noise present in the atmosphere in such concentrations as may be harmful to human
beings or other living beings or plants or property or the environment. The Act provides that

12 The Indian Forest Act 1927, the factories Act , 1948 and the Atomic Energy Act 1962.
no person shall establish or operate any industrial plant in an air pollution control area
without the prior consent of the State Board.
The Central Pollution Control Board and State Pollution Control Board
constituted under the Water Act will also have powers and functions under the Air Act. The
main and important function of the Boards under the Air Act is to improve the quality of air
and to prevent, control and abate air pollution in the territory of country. The consent granted
by such Board may be provisional in respect of the growing of the height of the stack and the
provision of various control equipment and monitoring equipment. It is expressly provided
that persons carrying on industry and factory shall not allow emission of air pollutant in
excess of standards laid down by such Board.
In Delhi, the public transport system including buses and taxies are operating on
a single fuel CNG mode on the directions13 given by the Supreme Court. Primarily, there
was a lot of opposition from bus and taxi operators. But now they themselves realize that the
use of CNG is not only environment friendly but also economical. But the latest Delhi
Government passed an order for „odd and even formula to the Delhi Transport Authority on
the directions given by the National Green Tribunal. According to this formula one day fixed
for vehicle have odd number and next day fixed for vehicle have even number. Noise has
been taken as air pollutant within the meaning of Air Act. Sound becomes noise when it
causes annoyance or irritates or cross the standard decibel limits. There are many sources of
noise pollution like factories, vehicles, reckless use of loudspeakers in marriages, religious
ceremonies, religious places, etc. Use of crackers on festivals, winning of teams in the games,
and other such occasions causes not only noise pollution but also air pollution both. This Air
Act prevents and controls both these pollutions.
Environment [Protection] Act, 1986
This Act was enacted to provide for the protection and improvement of the quality
of environment and preventing, controlling and abating environmental pollution. The Act
came into existence as a direct result of the Bhopal Gas Tragedy. The term „environment
refers to water, air and land, in addition to the interrelationships that exist between water, air,
land, humans, other living beings, plants, micro–organisms and property. The given
definition of environment is so broad that its scope includes all living beings including plants
and micro–organisms and their relationship with water, air and land.
This Act has given huge powers to the Central Government to take actions with

13 M.C . Mehta v. Union of India AIR 1998 SC 2059

respect of planning and execution of a nation–wide programme for prevention, control and
abatement of environmental pollution in India. It empowers the Government to lay down
principles for the regulate industrial locations, prescribe procedure for managing hazardous
substances, quality of environment, establish safeguards for preventing accidents, emission or
discharge of environmental pollutants and to collect and disseminate information regarding
environmental pollution etc.
Any infringement of the provisions of this Act, rules, orders or directions made
there under is punishable with imprisonment for a term which may extend to five years or
with fine up to one lakh rupees or with both. This Act is an umbrella legislation designed to
present a frame work for Central Government bringing together of the activities of various
Central and State authorities established under previous laws like the Water Act and the Air
Act.
The National Environment Tribunal Act, 1995
This act was conceded to provide for strict obligation for compensations produced
by any accident that happens while behavior any dangerous material in factories. This Act
provides for establishment of a National Environment Tribunal for effective, speedy and
expeditious disposal of cases arising from such accident. This imposes legal liability on the
owner of an enterprise to pay damages or compensation in case of death or injury to any
person; or harm to any property or environment resulted from an accident but the accident
must have occurred while handling any hazardous substance. A claimant may also make an
application before the National Environment Tribunal for such relief.
National Environment Appellate Authority Act, 1997 has been passed to provide for
the establishment of a National Environment Appellate Authority to hear appeals with respect
to restriction of areas in which any industries, factories, operations or processes shall not be
carried out or shall be carried out subject to certain protections under the Environment
[Protection] Act, 1986. After the establishment of this Authority, no Civil Court or other
authority shall have jurisdiction to entertain an appeal on matters of environment on which
the Authority is so empowered under this Act. It is obvious that this Act has been made with
intention to provide speedy justice on environmental issues and problems in India.
Wildlife [Protection] Act, 1972
Was passed with a view to provide for the protection of wild animals, plants and
birds. This Act prohibits hunting of birds and animals as specified in the schedules of this
Act. This Act also prohibits damaging, uprooting, picking, destroying etc. Any specified
plant from any forest. This Act is administered by a Director of Wildlife Preservation with
Assistant Directors and a Chief Wildlife Warden with other Wardens and their staff. This Act
provides for State Wildlife Advisory Board to advise the State Government in formulation of
the policy for protection and conservation of the wildlife and specified plants and in
assortment of zones to be declared as Sanctuaries, National parks, etc.

The Forest [Conservation] Act, 1986

This act was enacted with a view to analysis and check deforestation of forests.
This Act provides that no demolition of forests or use of forestland for non–forest purposes
can be permitted without the earlier approval of the Central Government. The conservation of
forests includes not only preservation and protection of existing forests but also re–
afforestation. Re–afforestation should go on to replace the disappearance forests. It is a
continuous and integrated process 14. This Act is projected to save a laudable purpose and it
must be enforced strictly for the benefit of the general public in Indian atmosphere.
The Water Act and the Air Act in India are administered by the Central
Government, State Governments, Central Pollution Control Board and the Stale Pollution
Control Board. These Boards have been vested with broad powers to issue any direction
including the direction to order closure or stoppage of the supply of water, electricity or any
other service to the polluting unit. It may be noted that parallel powers are also vested to the
Central Government under the Environment [Protection] Act.
Under the Environment [Protection] Act, the Central Government has framed the
Environment [Protection] Rules, 1986 laying down standards for the emission or discharge of
environmental pollutants with respect to some main industries in India e.g., cement, caustic
soda, electroplating, sugar industry, man–made fibers, oil–refinery, cotton textile, thermal
power plants, stone crushing unit, composite woolen mills etc.
There are some other agencies also framing the standards, namely Central
Pollution Control Board, State Pollution Control Boards, Bureau of Indian Standard and
Local Authorities. There seems to be a plethora of pollution control standards for the same
type of industries. Although, under the Environment[Protection] Act, 1986, the power has
been conferred upon the Central Government to lay down the standards of quality of air,
water, soil, etc. It is hoped that this will ensure equality of standards throughout the country.
Lots of the standards have not yet been laid down as specific under the respective Pollution
Control Acts, may be due to non–availability of gadget to measure the parameters of

14 Anupama Minerals v. Union of India and Ors. AIR 1986 AP 225

pollution. This will negatively affect the process of enforcement of laws in India. It is
obviously clear that there is no lack of legislations on environment protection in India. But
the enforcement of these legislations or laws has been far from satisfactory conditions. What
is needed is the effective, speedy and efficient enforcement of the constitutional mandate and
the other environmental legislations in India.
Regulation of Hazardous Substances Rules

Human Rights and Environment Modem industries use, generate and dispose of toxic
substances like heavy metals, Nuclear and radioactive wastes, dangerous micro-organisms
(product of DNA Technology), synthetic chemical compounds such as DDT, explosives etc.
A long Term exposure to such substances poses a danger to human life, leading to cancer,
Birth defects, as well damage to the lungs and nervous system. Numerous rules on The
proper handling of hazardous waste have been devised by the Indian Government, Since
1989. The Hazardous Wastes (Management and Handling) Rules, 1989, have Been framed
under the enabling provisions of the Environment Protection Act., 1986. These rules app} y
to designated category of wastes. Under rule 5, no person without A permit from the State
Pollution Control Board, can collect, receive, treat, transport, Store, or dispose hazardous
wastes. Under rule 6 the Board has the power to Suspend or cancel an authorization. Rule 11,
prohibits import of hazardous wastes Into India. Municipal Solid Wastes (Management and
Handling) Rules, (2000) deal With the procedure for the collection, storage, segregation,
transportation, processing And disposal of municipal wastes. The Recycled Plastics
Manufacture and Usage Rules, 1999 deal with rules related to reusing and recycling plastics.
Enforcement of Laws
We have noticed that in the past few years there is an increasing trend to the
number of cases relating to the environmental pollution, ecological destruction and conflicts
over natural resources coming up before the Courts. In most of these cases there is need for
Environment Court and natural scientific expertise as an essential input to inform judicial
decision–making. These cases need expertise at a high level of scientific and technical
superiority. The experience shows that the prosecution launched in ordinary Criminal Courts
under the provisions of the Water Act, the Air Act and the Environment [Protection] Act
never reach their conclusion either because of the work load in these Courts or because there
is no proper appreciation of the significance of the environment matters on the part of those
in charge of conducting of those cases. Moreover, any orders approved by the authorities
under the Water Act, the Air Act and the Environment [Protection] Act are instantly
questioned by the industries in the Courts. Those procedures take years and years to reach
conclusion. Many a times interim orders are passed in the meantime which effectively
disables the officers from ensuring the implementation of their orders. Therefore, it is
absolutely essential to set up more separate machinery like National Green Tribunal to cut
down the delays which are hindering the implementation of environmental laws. Moreover,
judicial officers alone may not be able to appreciate the logical and technical aspects.
It is, therefore, submitted that the provisions be made for the establishment of the
Environment Courts with one judge and one expert from the ecological and other sciences.
To begin with, we may have a two–tier system one at the State level and the other at the
National level which may later be extended even at the district level. Such Environment
Courts may be vested with the jurisdiction to decide both criminal prosecution cases under
the various environmental laws and civil cases for compensation to victims of any activity
leading to environmental spoil or pollution. The Courts should be permissible to conduct
brief proceedings for speedy disposal of cases. The decisions of State Environment Courts
can be appealed to the National Environment Court and the decisions of the National
Environment Courts can be appealed to the Supreme Court.

International Law to Protect environment

Recent decades of remarkable growth in the Level of understanding the danger

facing the international environment, Environmental pollution knows no geographical or
political boundaries. Pollution does not affect that particular state but it degrade entire globe.
Carbon emissions serve as a poignant example. When a country emits carbon it is not only
affects its own territory but also contributes to the degradation of the ozone layer, thereby
impacting people in other countries.
Traditionally, a state would only be held responsible in the international legal
sense for damage caused if it could be clearly demonstrated that this resulted from its own
lawful activity. However, this approach has proved inadequate for addressing environmental
problems, which often transcend borders and require collective action.
Consequently, many multilateral agreements and declarations have been
signed and ratified by nations who are member of the UN, demonstrating a growing
international concern for the protection of the environment.

These international agreements aimed at reducing green house gas emissions,

preserving biodiversity, protecting oceans, promoting sustainable development and
combating pollution.

Role of United Nations

When the UN was created more than a half-century ago environmental
degradation was not even considered much of a global threat, and the term environment was
not even mentioned in the UN charter. However, with the emergence of global environmental
threats such as pollution climate change, and biodiversity loss, member states increasingly
turned to the UN for solutions.
This led to the creation of numerous international environmental conventions
and the establishment of bodies like the UN Environment Programme (UNEP), the
Commission on Sustainable Development, and the Global Environment Facility.
UNEP stands for the uns Environment Programme. It is the leading global
environmental authority that set the global environmental agenda, promotes the coherent
implementation of the environmental dimension of sustainable development within the UN
system, and serves as an authoritative advocate for the global environment.
UNEP works with governments, the private sector, civil society, and other
partners to develop and implement policies, strategies, and programs that address
environmental challenges at the global, regional, and national levels, It provides leadership
and encourages partnerships in caring for the environment by inspiring, informing, and
enabling nations and peoples to improve their quality of life without compromising that of
future generations.

Stockholm Declaration, 1972 / Convention

The 1972 united Nations conference on the Human Environment, also known
as the stock holm conference, was held in stockholm, sweden from June 5-16,1972. It was the
first world confluence to make the environment a major issue. The conference’s
declaration,the stockholm Declaration, contained 26 principles for sound management
of the environment.15
Important Principles
Principle 1 Man has the fundamental night to freedom equality and adequate
conditions of life, in an environment of a quality that permits a life of dignity and
well -being and he beans a solemn expansibility to protect and improve the
environment for present and future generations.
Principles. 2 Natural resources are limited. We must use natural resources
carefully. Preservation of resources depends on effective planning and management.
Principles. 6. Pollution is harmful to the environment. Discharging toxins and other
substances in large quantities are harmful to the ecosystem. Both the citizens and the states
should play an active role in reducing the dumping of harmful substances.
Principles. 26 No country should use the nuclear weapon against any country,
nuclear weapons must be eliminated by every country.
The conclusive principle of the conference, 1972 was the idea of sustainable
development, emphasizing the need to balance environmental protection, social equity, and
economic development for present and future generations.16
Rio Earth Summit,1992
The United Nations Conference on Environment and Development (UNCED),
often known as the Earth summit or Rio Summit or Rio Conference, took place from June 3
through June 14, 1992. The Rio Summit aimed to establish a thorough agenda and a novel
approach for international action on environmental and development issues in the 21st
century.17
The Earth Summit of 1992 came t the conclusion that sustainable development
could be achieved while emphasizing economic, social and environmental issues. 179head of
state and government representatives gathered in Rio de Janeiro for the Earth Summit in
1991.

Rio Earth Summit 1992 outcome

The 1992 Rio Summit, also known as the Earth Summit, had an impact on all

15 U.N.International Conference on Human Environment, 1972

16 The Stockholm Declaration on the Human Environment
17 www. Un.org. available at World Conference Introduction
countries. Based on the conclusions, reports, or designs produced at this summit, a number of
international measures were done. The following developments came about as a result of the
Rio Earth Summit.
* Rio Declaration on Environment and Development
* Agenda 21
* Forest principles
Rio Declaration on Environment and Development
The Rio Declaration on Environment and Development, a collection of
guiding principles, describes the rights and obligations of states in the areas of environmental
protection and sustainable development. The UN produced this crucial document and
guideline for upcoming generations. It states that nations may use natural resources inside
their boundaries as long as doing so does not impair the Surroundings of other nations.
Rio Summit Agenda 21
Agenda 21 is a non-binding action plan for Sustainable development created
by the 1992 .Rio Earth Summit. It's a program of action that calls for new strategies for
sustainable development in the 21st century, including new ways to preserve natural
resources, educate people, and participate in a Sustainable economy. 18
Agenda 21's initial goal was to achieve global sustainable development by 2000, with
the "21" in Agenda 21 referring to the original target of the 21st century. It reflects a global
consensus and political commitment at the highest level on development and environment
cooperation.
Forest Principles
The forest Principles, also known as the Rio Forest Principles, is a 1992
document produced at the United Nations Conference on Environment and Development.
The document is also known as the Non-legally Binging Authoritative Statement of
Principles for a Global Consensus on the Management, conservation and Sustainable
Development of all Types of forests.
It recommends nations monitor and assess the impact of development on this
forest resources. The statement aims to pursue. The world's rapidly Vanishing tropical
rainforests.
Environmental Treaties of Rio earth Summit, 1992
The Rio Summit is also renounced for producing the two following treaties, 'which

18 United Nations Agenda 21 at wayback Machine

have received widespread recognition from different countries. Two Rio summit
environmental agreements all;
→ United Nations Frameworks Convention on climate change.
→ Convention on Biological Diversity.
United Nations Framework Convention on climate change
The United Nations Framework convention on climate change. (UNFCCC) is a global
environmental treaty. That aims to reduce green house gas concentrations to prevent harmful
human - induced disruptions to the Earth's climate system. The UNFCCC entered into force
on March 21, 1994 and has near-universal membership its supreme decision-making body,
the conference of the parties meets annually to assess progress in dealing with climate
change19.
The UNFCC recognizes key principles such as the No-harm Principle,
Sustainable Development, Precautionary principle, Common but Differentiated
Responsibilities and Polluter pays principles.
Convention on Biological Diversity
The Convention on Biological Diversity (CBD) is a legally binding
international treaty. The CBD has been ratified by 196 nations. It entered into force in
December 1993, after having been signed in Rio in June 1992. The CBD is informally known
as the Biodiversity Convention. 20 It has three main goals:
→ The conservation of biological diversity.
→ The Sustainable use of its components.
→ The Fair and equitable sharing of benefits arising from genetic resources.
The CBD is legally binding on its signatories. To implement the provisions of the Act,
the government established the National Biodiversity Authority (NBA) in 2003.
Commission on Sustainable Development (CSD)
The UNCSD was established in 1992 to follow up on the UNCED, also
known as the Earth summit. The CSD's role is to, Ensure the effective follow-up of the Earth
Summit, Enhance international cooperation, and Rationalize intergovernmental decision
making capacity.
UNCSD would focus on two themes,
→ Green economy within the context of sustainable development and poverty
eradication

19 httys: // unfccc.int available at UN Framework Convention on Climate Change

20 httys:// byjus.com available at UNCBD
 → Institutional framework for sustainable development.

Kyoto Protocol, 1997

The Kyoto Protocol was adopted on 11 Dec, 1997. Owing to a complex ratification
process, it entered into force on 16 February 2005. Currently, there are 192 parties to the
Kyoto Protocol.21
The Kyoto protocol is an addendum to the UNFCCC, a global environmental
agreement whose objective is to "Stabilize greenhouse gas concentrations in the atmosphere
at a level that would prevent dangerous anthropogenic interference with the climate system.
The main aim of the protocol is to protect and enhance the sinks and reservoirs
of green house gases, promotion of afforestation and reforestation, promotion, research,
development and increased use of new and renewable farms of energy, limit or reduce
emission of green house gases including methane. Article 3 of the protocol provides that
member nations have to reduce the emission of green-house gases by at was t 5 percent,
below 1990 levels in the commitment period of 2008 to 2012.
The Doha-Amendment to the Kyoto protocol was adopted in Doha, Qatar on Dec.
$ 2012, The amendment extended the Kyoto protocol to 2020 and set a goal of reducing
green house gas emissions by 18% compared to 1990 levels. The amendment entered into
force on Dec. 31, 2020.
Conference on the Parties
The conference of the parties (cop)22 is the supreme decision-making body of
the United Nations Framework Convention on climate change (UNFCCC). The cop meets
every year, unless the parties decide otherwise. The first cop meeting was held in Berlin,
ceremony in March, 1995. The cop is important b/c it:
Allows governments to measure progress and negotiate ways to address climate
change.
Raises awareness of the threat of climate change.
Allows climate change leaders, experts and influencers to share their stories and
solutions al the cop. Parties the implementation of the convention and any other legal
instruments that the cop adopts. They also take decisions necessary to promote the effective
implementation of the convention. Generally, each cop agrees a statement or a binding

21 The Protocol consists of 27 Articles and one annexure

22 www.unep.org available at UNEP at the climate COP
agreement which is publicly released at the end of the conference. The cop 28 will be held in
Dubai, United Emirates from Nov. 30 to Dec. 12, 2023.

World Charter For Nature 1982

The UNGA adopted the World Charter for Nature on Oct. 28, 1982. The carter
is a code of conduct for the preservation and protection of the world's natural resources and
habitats. It establishes five principles of conservation that should guide and judge all human
conduct that affects nature.
1. Nature shall be respected and its essential processes shall not be
impaired.
2. The genetic viability on the earth shall not be compromised.
Necessary habitats should be safeguarded.
3. All areas of the Earth, both land and sea, shall be subject to these
principles of conservation; special protection shall be given to unique areas, to
representative samples of all the different types of ecosystems and to the habitats of
rare or endangered species.
4. Ecosystems and organisms, as well as the land, marine and
atmospheric resources that are utilized by man, shall be managed to achieve and
maintain optimum sustainable productivity, but not in such a way as to endanger the
integrity of those other ecosystems or species with which they coexist.
5. Nature shall be secured against degradation cause by warfare or other
hostile activities.
The charter also states that all people should have the opportunity to participate in
decisions that directly affect their environment. They should also have access to redress when
their environment has been damaged or degraded.

UN Convention on the law of the Sea, 1982

The UN Convention on the law of the Sea (UNCLOS), also called the Law of
the Sea convention is an international agreement that establishes a legal framework for all
marine and maritime activities.
UNCLOS was adopted in 1982 and as of May, 2023, 168 countries and the
European Union are parties to the convention.
UNCLOS has resolved several important issues related to ocean usage and
sovereignty, such as: Established freedom-of-navigation rights and set territorial sea
boundaries 12 miles offshore. UNCLOS is often referred to as the constitution of the oceans.
The convention aims to prevent, control, reduce and abate the marine pollution.

Vienna Cnvention,1985

The Vienna Convention for the Protection of the Ozone Layer is a multilateral
environmental agreement signed in 1985 to protect the environment and human health from
the harmful effects of ozone layer depletion. The convention was adopted on March 22, 1985,
and entered into Force on Sept. 22, 1988.
The Vienna convention was signed with the objective to further develop scientific
knowledge of ozone layer and check the possible advance effects resulting from its
modification.23
Since its entry into force international action has reduced global consumption
of ozone-depleting substances by 98%. However the ozone layer is not expected to fully
recover before the second half of their century.

Montreal Protocol 1987

The Montreal Protocol24is an international treaty that regulates the production
and consumption of substances that deplete the ozone layer. The treaty was agreed upon in
1987 and went into effect in 1989. It regulates nearly 100 man-made chemicals that damage
the ozone layer which protects humans and the environment from the sun's harmful
ultraviolet radiation. The protocol bans the release of harmful ozone depleting chemicals such
as chlorofluorocarbons (cfcs), which were commonly used in products such as refrigerators,
air conditioners, fire extinguishers, and aerosols.

CIVIL SOCIETY AND ENVIRONMENT

23 Wikipedia . org Vienna Convention for the protection of Ozone layer

24 www.britannica.com Montreal Protocol
 The civil society assertion has assumed two forms form of a movement and
litigation. Through this assertion civil society actors and organizations have not only
criticized the government’s policies and administrative agencies lackadaisical attitude but
have also put forward their own paradigm of development and their own theory of rights and
rules of governance.
The Chipko movement, (the movement to hug trees) of the 1970’s that developed
in the Himalyan villages of UP and Chilika Bachao Andolan that took place in the Chilika
region of Orissa in 1990’s, were against the government policy of commercialization of forest
and fishery resources respectively. The protagonists of the Chipko movement held that local
resources are meant for local use. Tamil Nadu, Andhra Pradesh and other coastal regions of
the country have witnessed movements against aquaculture farming (prawn culture).
There have been struggles of the people against mechanization of fishing as it
had harmful impact upon fishermen doing fishing with traditional techniques and means like
canoes, catamarans, rowing and sailing boats. Kerala fishermen’s struggle against
mechanization of fishing in the 1960’s and 1970’s is the famous movement. In the
contemporary history of environmental conflicts.

There have been movements against government’s policy of making big dams
like Narmada, Tehri, Silent river project Koel Karo and many others. In-fact dam making has
become synonymous with protests, in India. Dams have been opposed because they displace
thousands of people, because dam making requires large tracts of land which the government
acquires by displacing people from their home land. Most of the displaced people belong to
the poor and powerless sections of the society. Dams have also been opposed because they
are considered to be ecologically unsound. Some of the dams are on the seismic zone. They
reduce biological diversity and destroy the habitats of the animals and other species. Dams
have also become controversial because citizens have been excluded from the discussions
about the location, size, the socio-economic impact, costs and benefits, the magnitude of
displacement, and rehabilitation issues.
Lack of participatory democracy and transparency has emerged as one of the
contentious issues in the struggles against big dams. It is also alleged that dam building has
become a business on which a number of corporations depend like multinational gineering,
equipment manufacture and construction. Besides these struggles there have been protests on
the issue of mining. Minor forest products.
 It Is worth noting that all these struggles, protests and movements are taking place at
the backdrop of dwindling natural resources, and environmental degradation. In the forefront
of these struggles have been the poor peasants, tribals and other marginalized sections of the
society whose livelihood and survival is linked with these resources. These protests, struggles
and movements show how lives of the poor people are intertwined with nature- trees, forests,
seas and oceans and so on, their culture and very survival is dependent upon them.

Besides these movements, there has been litigation explosion since the last few
decades of the 20 century. Through Public Interest Litigations (PIL) civil society actors and
organizations have not only criticized administrative agencies lackadaisical approach and
government’s policies towards resources but have also demanded remedy in the form of
positive action or alternate policies. Litigation explosion illuminates the role of Judiciary in
the field of environment. A silent spectator to environmental despoliation and administrative
apathy, for number of years, Judiciary has assumed a pro-active role in the field of
environment, since the last few decades of the 20 century. It has emerged as an important ally
of the civil society actors and organizations, in regard to environmental issues. Both have
worked in tandem with each other to protect and improve the environment. It has acted like a
policy maker, a super administrator and a public educator, in order to preserve and protect
India’s environment and natural resources. The development of environmental laws in India
since 1990’s can be attributed to Judiciary, which while responding to citizen’s complaints
vis a vis environmental degradation and administrative negligence and apathy, has gone to
the extent of making laws.

A unique situation has emerged in India, on the one hand there are state agencies,
pollution control boards, forest bureaucracies which are supposed to play an active role but
have gone slow in their work and on the other hand there are non-formal, ad-hoc citizens and
civil society organizations interrogating ig the political executive and administrative
agencies for their apathy and negligence and an active Judiciary working as an ally of the
civil society groups and both working in tandem with each other.
 Challenges For Environment Protection

The 21st century is marked by unparalleled environmental challenges

including climate change deforestation air and water pollution, biodiversity loss, waste
management issues and over population. These threats jeopardize ecosystems human health
and socio-economic stability globally.25
Environmental protection is imperative for safeguarding human well being
and ecological balance. It ensures cleaner air and water, reduces disease burden preserves
biodiversity mitigates climate change impacts and promotes equitable resource distribution.
Moreover, environmental protection fosters social justice by addressing
disparities in exposure to environmental hazards and ensuring access to essential resources
for all communities by prioritizing sustainable practices and policy interventions. We can
address these challenges effectively, creating a more resilient and equitable future for
humanity. It requires collective action, innovative solution, and commitment from
governments, industries, and individuals worldwide to transition towards a sustainable and
environmentally conscious society.

The Challenges facing environmental protection are multifaceted and

interconnected -

Climate change

Climate change is perhaps the most pressing environmental challenges of our

time. Human activities, such as burning fossil fuels, deforestation, and industrial processes,
have led to a significant increase in greenhouse gas emissions, resulting in global warming
and climate disruption. Rising temperatures, extreme weather events, and melting polar ice
caps threaten ecosystems and human communities worldwide.

Deforestation

The widespread clearing of forests, primarily for agricultural expansion,

25 Environment Challenges journals scienceDirect.com by Elsevier

logging, and urbanization, has led to rampant deforestation worldwide. This loss of forest
cover not only destroys vital habitats for countless plant and animal species but also disrupts
the carbon cycle, contributing to atmospheric carbon dioxide levels and exacerbating climate
change.

Addressing deforestation requires comprehensive conservation efforts,

sustainable land management practices, and policies that promote reforestation and forest
protection.

Air and Water Pollution

Air and water pollution are significant environmental challenges with far
reaching impacts on human health, ecosystems and the economy. Industrial emissions,
vehicular exhaust, agricultural runoff, and improper waste disposal contribute to air pollution,
resulting in smog, acid rain, and respiratory illnesses.
Similarly, water pollution from industrial discharge, sewage, pesticides, and
plastic waste contaminates fresh water sources, endangering aquatic life and compromising
access to clean drinking water.

Loss of Biodiversity

The loss of biodiversity is another critical challenge facing environmental

protection. Human activities, such as habitat destruction, overexploitation of natural
resources, pollution, and the introduction of invasive species, have led to a significant decline
in global biodiversity. This loss of species and ecosystems undermines ecosystem
functioning, educes resilience to environmental stressors, and compromises the delivery of
essential ecosystem services, such as pollination, soil fertility, and climate regulation.
Biodiversity loss also threatens food security, human health, and cultural diversity, making it
imperative to conserve and restore biodiversity through habitat preservation, species
protection, and sustainable resource management practices.

Waste Management
 The unsustainable production and disposal o waste pose significant
environmental and public health challenges. The exponential growth of consumerism and the
prevalence of single-use plastics have resulted in a global waste crisis, with landfills
overflowing, oceans polluted with plastic debris, and ecosystems contaminated with
hazardous waste. Inadequate waste management infrastructure, insufficient recycling
facilities, and improper disposal practices exacerbate the problem, posing risks to human
health, wildlife, and the environment.

Overpopulation

Overpopulation exacerbates many environmental challenges by placing strain

on natural resources, increasing pollution, and driving habitat destruction. The exponential
growth of the global population has led to urbanization, deforestation, and land conversion
for agriculture, resulting in habitat loss, biodiversity decline, and ecosystem degradation.
Overpopulation also exacerbates food insecurity, water scarcity, and competition for
resources, particularly in developing countries with high population densities.

Environmental protection faces numerous challenges in the 21st century,

ranging from climate change and deforestation to air and water pollution, loss of biodiversity,
waste management, and overpopulation. These challenges are complex, interconnected, and
require urgent action to mitigate their impacts and safeguard the planet for future generations.
JUDICIARY AND PUBLIC INTEREST
ENVIRONMENTAL LITIGATIONS

As you know judiciary is a part of the state structure like legislature and the executive.
The way legislature and executive, the dominant institutions of the state mold society through
their agenda, policy and program, judiciary also shapes the society but in its own distinctive
way. Indian Judiciary especially the Supreme Court has played this role through its power of
judicial review and activism.

Public Interest Litigation (PIL) is synonym with judicial activism. It was developed
and nurtured by judges like VK Krishna lyer and PN Bhagwati, to bring justice close to the
masses. It was felt that traditional legal system was highly elitist, conservative, individualistic
and incapable of responding to the needs of the masses, groups and collectivities. It was felt
by the socially conscious judges that judiciary must shed off its elitist image and become
accessible to the masses and disadvantaged sections of the society otherwise it can not call
itself judiciary of the masses. It was also felt that the legal proceedings must be made simple
as illiteracy also prevents the people to have access to the judiciary. In order to overcome the
deficiencies in the traditional legal system the socially conscious judges evolved new
techniques and strategies to bring justice close to the masses. PIE was a part of the legal aid

Movement, which started in the beginning of the 1970’s, but developed and
blossomed in the post-emergency period. Since 1980’s the emphasis of PIL has also been on
environmental issues and it has been extensively used by civil society actors and
organizations to interrogate the administrative agencies and state’s policies towards
resources. Some of these cases have been discussed below. Judiciary’s contribution. In the
field of protection and improvement of environment can be seen from these cases.
Taj Trapezium Case26

26 1987 SCR (1) 819

 This case was filed by MC Mehta in 1997 to highlight and question the case of
factories , chemical industries and the refinery at Mathura which were damaging Taj. The
case falls under Air (Prevention and Control of Pollution) Act of 1981. The Supreme Court
held that Taj was not only a piece of cultural heritage but an industry in itself. It was visited
by more than 2 million tourists every year and was a source of revenue for the country. The
emissions generated by the use of coal and coke by the foundries, chemical/ hazardous
industries and the refineries at Mathura were damaging the Taj. The Court held that industries
are essential for the development of the economy but environment and eco-systems also have
to be protected. The pollution generated by the industry must commensurate with the carrying
capacity of the ecosystem. The Court in its order asked 292 polluting industries to switch
over
To the natural gas as an industrial fuel. The industries that were not in a position to
obtain gas connections should stop functioning and relocate themselves outside the Taj
Trapezium Zone. It asked the UPSIDC (UP State Industrial Development Corporation) to
allocate the alternate sites to the industries seeking relocation.

Vehicular Pollution Case27

The vehicular pollution case (Delhi) was filed by MC Mehta, in 1995. But it gained
momentum only in 1998 when the court formed the technical advisory cominittee (Bhure Lal
Committee), to advice the Court on the technical aspects of the issue. On the basis of the
recommendations of Bhure Lal Committee in 1998 the court passed an order on 5 April 2002,
recommending CNG for buses and Euro diesel for cars. In this case, the Supreme Court acted
like a real administrator, scrutinizing and monitoring its orders and also exposed the
government policies with regard to fuel and politics of big lobbies involved in the issue. It
brought the issue of clean air in the centre stage and related it to the health of the public

Indian Council for Enviro Legal Action Case28

This case was filed by an environmentalist organization, Indian Council for Enviro
Legal Action. It brought to light misery and anguish of the people living in the vicinity of
chemical plants in a small village in Bichhri (Udaipur) Rajasthan. It focused on the

27 1991 SCR (1) 866

28 1996 AIR 1446
entrepreneurs who were damaging and spoiling the environment by producing toxic
chemicals by violating the environmental laws of the country in their eagerness to earn
money through foreign exchange. The toxic and untreated wastewater and sludge produced
by chemical industries in Bichhri village percolated deep inside the earth polluting both earth
and water. People of Bichhri village virtually revolted in 1989 and their concerns were also
expressed in the Parliament. Since no remedial action was taken up, Indian Council for
Enviro Legal Action filed a writ petition in August 1989.
This litigation was filed so that action could be taken against the chemical industries
for not treating the toxic waste before disposing off; and to restore the areas which had been
harmed. The Supreme Court interrogated the Government of India through MOEF, the
Govemment of Rajasthan, Rajasthan Pollution Control Board (RPCB) and the chemical
industries. It also appointed NEERI a scientific and technical commission to examine the
damage caused by the chemical industries to the environment in the areca.
After studying all the reports, including the counter affidavits of the owners of the
chemical industries, the court held that the chemical industries in pursuit of profit had
inflicted untold misery upon the poor villagers by despoiling their land and water sources. It
characterized the industries as “rogue industries” and used the ‘polluter pays principle and
also ordered the central government to determine the amount required for restoring the
environment to its pristine position, in consultation with MOEF. In its final statesment the
court ordered the closure of all the plants and factories located in Bichhri village

Rural Litigation Entitlement Kendra Case29

The Doon valley decades back was swarmed by water from Ganga and Yamuna
tributaries. It had abundant bushes, which held the soil together and abundant water streams
emanated from the lime stone aquifers. The stored water would release in continuous manner
and it was on the availability of continuous supply of water that the cities of Mussorie,
Dehradun and other small towns and villages developed. Many villages, canals and roads
added the word ‘pani’ to their names due to continuous supply of water in streams and other
reservoirs. Towns, roads and canals like Gucchu Pani, Jhari Pani, Nala Pani, Khatta Pani,
Karu Pani, Meetha Pani, East Canal Road, West Canal Road, Bijapur Canal Road, Rajpur
Canal Road came into existence. Unscientific and uncontrolled limestone mining that started

29 AIR 1988 SC 2187

during 1955-1965 started playing havoc with the ecology of the area. Blasting operations
destroyed green forests, shook up the hills damaged the property, cattle and agricultural lands
of the villagers. With the felling of trees rains became less and with limestone’s dug out, the
aquifers ceased to exist. The streams started getting blocked and the flow of water reduced.
The scarcity of water disturbed the irrigation system. The valley slowly and gradually started
losing its beauty and became prone to land slides, flash floods, water shortages, rising
temperatures and failing crop productions.
The Supreme Court In its landmark judgment stopped mining in the region
and Passed orders concerning reforestation of the valley. Justice Amarendra Nath Sen, while
passing orders in September 1985, held that exploitation of mineral resources is important for
industrial development but it should be done in such a manner that it does not disturb the
ecology and affect the livelihood and the conditions of a large number of people. If
development is to be achieved by disturbing the ecology and destroying the basic amenities
of life then it may not lead to economic growth and prosperity. He held that it is important to
strike a balance between economic growth and conservation.

30
Sri Ram food and fertilizers case

The Sri Ram Food and Fertilizers case refers to a significant legal battle concerning
environmental pollution and corporate accountability in India. In 1986, the Supreme Court of
India took suo moto cognizance of the matter based on a letter highlighting the environmental
degradation caused by Sri Ram Food and Fertilizers Industries in Punjab.
The case underscored the court’s role in safeguarding environmental rights
and holding industries accountable for their actions. The court directed the closure of the
polluting unit and ordered compensation for the damage caused to the environment and
affected communities. Additionally, the case set precedents for the principles of polluter pays
and strict liability, shifting the burden of proof onto the polluting industries to demonstrate
their compliance with environmental standards.

The Sri Ram Food and Fertilizers case remains a landmark in India’s environmental
jurisprudence, emphasizing the judiciary’s proactive stance in addressing environmental
concerns and promoting sustainable development.

30 AIR 1987 SC 1086

 31
Ratlam v. Vardhichand and others

Vardhi Chand, a resident of Ratlam, filed a Public Interest Litigation (PIL) against
several industries, alleging that their operations were contaminating the groundwater and
posing serious health risks to the local population. The Supreme Court, upon hearing the
case, emphasized the importance of protecting the environment and public health.
The court ordered the closure of the polluting industries and directed them to pay
compensation for the damage caused. Additionally, the judgment highlighted the principle of
strict liability, holding industries accountable for any harm caused by their activities,
regardless of whether negligence was proven.
The Ratlam v. Vardhi Chand case established a precedent for environmental litigation
in India, demonstrating the judiciary’s commitment to enforcing environmental laws and
protecting the rights of affected communities. It underscored the need for industries to
prioritize environmental responsibility and comply with regulatory standards to prevent harm
to the environment and public health.

32
Subba Rao v. State of Himachal Pradesh

In the case of Subba Rao v. State of Himachal Pradesh, the Supreme Court of India
addressed the issue of environmental protection in ecologically sensitive areas. The case
involved a challenge to the construction of a hotel by Subba Rao in the Rohtang Pass area of
Himachal Pradesh, which is known for its fragile ecosystem and importance to the local
ecology.

The Supreme Court emphasized the need to balance developmental activities with
environmental conservation, especially in ecologically sensitive regions. It held that the
construction of the hotel would have adverse impacts on the environment and ordered its
demolition. The court also directed the state government to formulate guidelines and
regulations for development activities in such areas to ensure their sustainable management.

The Subba Rao case set an Important precedent for environmental jurisprudence in

31 AIR 1980 SC 1623

32 AIR 1989 SC 171
India, highlighting the judiciary’s role in safeguarding ecologically fragile regions from
unsustainable development practices. It underscored the principle of sustainable
development, which requires balancing economic development with environmental
conservation to ensure the well-being of present and future generations.

33
Almitra H. Patel v. Union of India

In the case of Almitra H Patel v. Union of India, the Supreme Court of India
addressed the issue of solid waste management and environmental pollution in urban areas.
Almitra H Patel, an environmental activist, filed a Public Interest Litigation (PIL)
highlighting the inadequate management of solid waste, particularly in cities like Delhi.
The Supreme Court, recognizing the urgent need for effective waste management
practices, issued several directives to central and state governments. These directives
included the implementation of the Municipal Solid Wastes (Management and Handling)
Rules, 2000, which mandated segregation of waste at the source, establishment of sanitary
landfills, and promotion of recycling and composting.
Furthermore, the court emphasized the principle of “polluter pays” and held municipal
authorities responsible for ensuring proper waste management within their jurisdictions. It
also directed the formation of committees to monitor the implementation of its orders and
compliance with environmental laws.
The Almitra H Patel case served as a catalyst for reforms in solid waste management
practices across India. It highlighted the judiciary’s proactive role in addressing
environmental issues and holding authorities accountable for environmental degradation. The
case underscored the importance of sustainable waste management practices in mitigating
pollution and protecting public health and the environment.

34
Welfare forum v. Union of India

In the landmark case of Welfare Forum v. Union of India, the Supreme Court of India
addressed the issue of environmental conservation and sustainable development in the
context of mining activities in Goa. The Welfare Forum, a non-governmental organization,
filed a Public Interest Litigation (PIL) challenging the environmental degradation caused by

33 AIR 2000 SC 1256

34 AIR 1996 SC 2715
unregulated mining practices in the state.
The Supreme Court, recognizing the Importance of preserving Goa’s fragile
ecosystem, issued a series of directives to regulate mining activities. It imposed a temporary
ban on mining operations and established a Mining Commission to investigate and
recommend measures for sustainable mining practices. The court also emphasized the need
for environmental impact assessments and compliance with environmental laws and
regulations.

Furthermore, the Supreme Court highlighted the principle of intergenerational equity,

emphasizing the responsibility of the present generation to conserve natural resources for
future generations. It held that sustainable development must balance economic growth with
environmental conservation and social justice.
The Welfare Forum case set important precedents for environmental governance and
resource management in India. It underscored the judiciary’s role in enforcing environmental
laws, protecting ecosystems, and promoting sustainable development. The case also
demonstrated the power of public interest litigation in addressing environmental issues and
holding governments and industries accountable for their actions.

35
Charan Lal sahu v. Union of India

In the case of Charan Lal Sahu v. Union of India, the Supreme Court of India
addressed the issue of illegal mining and its environmental consequences in the state of
Chhattisgarh. Charan Lal Sahu, a resident of the affected area, filed a Public Interest
Litigation (PIL) seeking the court’s intervention to curb illegal mining activities and protect
the environment.
The Supreme Court, recognizing the gravity of the situation, issued several directives
to regulate mining operations and prevent further environmental degradation. It ordered the
closure of illegal mines and the implementation of measures to rehabilitate affected areas.
The court also emphasized the need for strict enforcement of environmental laws and
regulations to prevent unauthorized mining activities.
Furthermore, the Supreme Court underscored the principle of sustainable
development, highlighting the importance of balancing economic growth with environmental

35 (1990) 1 SCC 613

conservation and social justice. It held that the right to a clean and healthy environment is a
fundamental right guaranteed under Article 21 of the Constitution of India.
The Charan Lal Sahu case set important precedents for environmental protection and
governance in India. It demonstrated the judiciary’s commitment to upholding environmental
laws and holding governments and industries accountable for their actions. The case also
underscored the importance of public participation and activism in addressing environmental
issues and promoting sustainable development.

M.C. Mehta v. Union of India36

In the 2000 case of M.C. Mehta v. Union of India, the Supreme Court of India
addressed the issue of vehicular pollution in the National Capital Region (NCR), particularly
in Delhi. M.C. Mehta, an environmental activist, filed a Public Interest Litigation (PIL)
highlighting the alarming levels of air pollution caused by vehicular emissions.
The Supreme Court, recognizing the urgent need to tackle air pollution, issued several
directives to reduce vehicular emissions and improve air quality. It mandated the conversion
of public transport vehicles to compressed natural gas (CNG) and ordered the implementation
of stricter emission norms for all vehicles. The court also directed the imposition of
environmental cuss on diesel vehicles and banned the registration of new diesel vehicles in
Delhi.
Furthermore, the Supreme Court emphasized the importance of public transportation
and encouraged the use of cleaner fuels to mitigate air pollution. It underscored the need for
collaborative efforts between the central and state governments, as well as various
stakeholders, to address the environmental crisis effectively.
The M.C. Mehta case of 2000 played a pivotal role in shaping policies and regulations
to combat air pollution in Delhi and the NCR. It demonstrated the judiciary’s proactive stance
in protecting public health and the environment and set precedents for addressing
environmental challenges through judicial intervention.

36 AIR 2000 SC 1997

 Conclusion

The right to a healthy environment is a fundamental human right that has gained
recognition and significance within international, regional, and national legal frameworks.
Despite progress, challenges persist in effectively enforcing and implementing environmental
law and policy. However, there is growing momentum towards greater accountability,
participation, and collaboration among governments, civil society, and other stakeholders.
Moving forward, it is imperative to continue advancing holistic approaches that integrate
environmental protection, human rights, and sustainable development principles. By doing
so, we can strive towards achieving a more just, equitable, and environmentally sustainable
future for all.
We have more than 200 Central and State legislations and laws which deal with
environmental issues and problems. It is true that more laws mean more difficulties in
enforcement. So, there is a need to have a complete and integrated law on environmental
protection for meaningful enforcement in India. But it is not enough to pass the legislations.
A positive approach on the part of everyone in society is essential for effective, speedy and
efficient enforcement of these legislations.
The Environment Protection Laws have failed to bring about the desired results.
Consequently, for the purpose of efficient and effective enforcement of these laws, it is
necessary to set up the Environment Courts; with one Judge and two technical experts from
the field of Environmental Science and Ecology. These Courts should be allowed to adopt
summary proceedings for speedy disposal of the cases. Initially we may have such courts at
the state and national level which can later be extended to the district level on a need-based
principle. To discourage protracted litigation, the provisions should be restricted to a single
appeal. For strict enforcement of environmental laws, only misrepresentation and technical
flaws should be disregarded by the courts. The jurisdiction of the Courts has been expanded
by way of PIL.
The Apex Court has played an important role in directing the administrative officers
from time to time to take necessary steps to improve the environment. What we need is social
awareness from below, not law from above, no law works smoothly unless the interaction is
voluntary. In order to educate people about the environmental issues, there should be
exhibition of slides in the regional languages at cinema houses and television free of cost.
Further, as directed by the Supreme Court, environment studies shall be made a
compulsory subject at school and college levels in graded system so that there should be
general growth of awareness. Finally, protection of the environment and keeping ecological
balance unaffected is a task which not only the government but also every individual,
association and corporation must undertake. It is a social obligation and fundamental duty
enshrined in Article 51-A[g] of the Indian Constitution.

Suggestion

The Right to a Healthy Environment is a fundamental human right that

ensures individuals and communities have the necessary conditions to live in a clean, safe,
and sustainable environment. Here are some suggestions for implementing and protecting the
Right to Environment:
Legislation and Legal Frameworks: Governments should enact comprehensive
environmental lows and regulations that guarantee the right to a healthy environment. These
laws should include provisions for pollution control, conservation of natural resources,
biodiversity protection, and sustainable development.
Environmental Education and Awareness: Promote environmental
education and awareness programs in schools, communities, and workplaces to foster a
culture of environmental stewardship and responsibility. Educating the public about the
importance of environmental conservation encourages sustainable behaviours and lifestyles.
Access to Justice and Remedies: Establish legal mechanisms and avenues
for individuals and communities to seek redress for environmental harm, including access to
courts, administrative tribunals, and alternative dispute resolution mechanisms. Ensure that
victims of environmental pollution and degradation have access to effective remedies and
compensation.
international Cooperation: Foster international cooperation and collaboration to
address transboundary environmental issues, such as climate change, pollution, and
biodiversity lass. Develop multilateral agreements, treaties, and protocols to promote shared
responsibility and collective action for global environmental protection.
Corporate Responsibility: Hold corporations accountable for their
environmental impact and ensure that they adhere to environmental regulations and
standards. Encourage corporate responsibility through incentives, sanctions, and voluntary
initiatives that promote sustainable business practices and corporate environmental
stewardship.
Community Participation and Empowerment: Empower local communities
to participate in environmental decision-making processes, including land use planning,
natural resource management, and environmental impact assessments. Support
community-led initiatives for environmental conservation, restoration, and sustainable
development.
Monitoring and Enforcement: Strengthen monitoring and enforcement
mechanisms to ensure Compliance with environmental laws and regulations. Provide
adequate resources, training, and Capacity-building for environmental agencies, law
enforcement agencies, and other relevant Stakeholders responsible for enforcing
environmental protection measures. By implementing these suggestions, governments, civil
society organizations, and the private sector Can work together to uphold the Right to
Environment and promote sustainable development that Respects the intrinsic value of nature
and the well-being of all living beings
 References
Books

• S. C.Shastri, Environmental Law, third Edition publisher-Eastern Book Company.

• P. Leelakrishnan, Environmental law in India, Publisher- Lexix Nexis, 6th Edition,
2021.
• Dr. Vinay N. Paranjape, Environmental laws , central Law Agency, 3rd Edition, 2021

Articles

• Verma, Ashish, law of Environment in India: Problems And challenges in Its

 Enforcement.
• IGNOU, Human Rights and Environment.
• Prof. R. G. Kohli, Constitutional Provisions relating to Environment protection in
India.

Websites

• United Nations Conference or the Human Environment, Stockholm, available at UN

oy
• Stockholm Declaration, available at https: www.clearial.com
• Rio Summit 1992. Studyiq.com
• International Environment law, available at unimelblibguides.com