Q - Explain the meaning and definition of the

environment. Trace out the historical development of

environmental law at national law and international law.
Meaning and Definition of Environment
The term environment refers to the sum total of all external conditions and elements, both
natural and artificial, that interact to support life on Earth. It encompasses air, water, soil,
flora, fauna, and human-made structures, forming a dynamic system that sustains
ecosystems and biodiversity. The importance of protecting the environment has become
more apparent as humanity has grown aware of the negative consequences of
industrialization and unsustainable resource use.

Definitions of the environment vary slightly depending on the context:

1. Oxford Dictionary defines the environment as "the external conditions, resources,
and stimuli with which an organism interacts."
2. Section 2(a) of the Environment Protection Act, 1986 (India): Defines the
environment as the sum of "water, air, and land and the interrelationship that exists
among and between them and human beings, other living creatures, plants,
microorganisms, and property."

Historical Development of Environmental Law

The evolution of environmental law is closely tied to the increasing awareness of ecological
issues and the recognition that human activity can harm the environment. Initially, concerns
about the environment were localized and focused on specific resources like forests, wildlife,
and water bodies. Over time, however, the scope of environmental law expanded to address
global ecological challenges and interconnected environmental issues.

1. Historical Development at the National Level (India)

In India, the evolution of environmental law reflects a mix of ancient cultural respect for
nature, colonial influences, and modern legislative reforms.

Ancient Period
In ancient India, religious and cultural traditions placed significant importance on nature.
Indian scriptures such as the Vedas, Upanishads, and Puranas conveyed a deep reverence
for natural elements, advocating for the protection of nature. This traditional ecological
ethos encouraged practices such as tree worship and reverence for rivers and mountains,
promoting environmental conservation.
 The Rigveda celebrated rivers as life-sustaining forces, emphasizing their importance
in sustaining life.
 The Arthashastra, written by Kautilya, prescribed penalties for harming forests or
animals, illustrating early forms of environmental regulation.

Medieval Period
The medieval period continued the tradition of environmental conservation. Notable rulers,
such as Ashoka, actively promoted the protection of flora, fauna, and natural resources. The
Mughal emperors, especially Akbar and Shah Jahan, undertook large-scale afforestation
projects and regulated resource use to ensure that the environment was preserved for
future generations.

Colonial Period
Under British rule, environmental governance took a turn as the colonial administration
primarily focused on exploiting India's natural resources for economic gain, disregarding
traditional conservation practices. During this period, laws were enacted that sought to
control and regulate natural resources but with an economic agenda.
 Indian Forest Act, 1878: This act restricted community access to forests and
prioritized timber production for British industries, leading to environmental
degradation.
 Factories Act, 1948: While not specifically focused on environmental protection, this
act addressed industrial waste and worker safety, indirectly influencing
environmental health by regulating factory emissions and waste disposal.

Post-Independence Period
After India gained independence in 1947, environmental concerns became more prominent
in the nation's policy and legal framework. There was a growing realization that the
country's economic development could not be sustained without safeguarding its
environmental resources.
Key legislative developments in post-independence India include:
 Wildlife Protection Act, 1972: This law aimed to protect wildlife and their habitats,
marking the beginning of a more structured approach to environmental law in India.
 Water (Prevention and Control of Pollution) Act, 1974: This act established Pollution
Control Boards for water quality management and created a legal framework for
managing water pollution.
 Forest Conservation Act, 1980: The Act was a response to concerns over the
rampant deforestation occurring at the time. It regulated deforestation and aimed to
preserve forest cover.
 Environment Protection Act, 1986: Enacted following the Bhopal Gas Tragedy, this
act serves as an umbrella legislation for managing environmental pollution and
safeguarding public health.

Constitutional Amendments
The Indian Constitution was amended in 1976 to include environmental protection
provisions. The 42nd Amendment added two important Articles:
 Article 48A: This article mandates the state to protect and improve the environment
and to safeguard forests and wildlife.
 Article 51A(g): This article imposes a fundamental duty on Indian citizens to protect
and improve the environment.

Judicial Developments
The Indian judiciary has been proactive in shaping environmental law. In several landmark
cases, Indian courts have expanded the scope of environmental protections. Some
significant rulings include:
 Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985): This case
involved the banning of limestone mining in the Dehradun Valley to prevent
environmental degradation.
 M.C. Mehta v. Union of India (1987): This case introduced the concept of sustainable
development into Indian law, further cementing the relationship between economic
growth and environmental preservation.

2. Historical Development at the International Level

Environmental law at the international level has developed through a series of conventions,
treaties, and protocols aimed at addressing global ecological challenges, particularly those
that cross national borders. These agreements aim to establish shared responsibilities for
the protection of the environment and sustainable use of natural resources.

Early Developments
The early foundations of international environmental law were laid in the 20th century with
agreements focused on specific environmental issues:
 Trail Smelter Arbitration (1938-41): This case established the principle that states are
responsible for preventing environmental harm to other states, specifically
addressing transboundary pollution.
 International Convention for the Regulation of Whaling (1946): This convention was
designed to conserve whale populations, marking one of the first international
efforts to regulate natural resource use.

Post-World War II Era

After World War II, there was a growing awareness of environmental degradation, leading to
the establishment of key international institutions and agreements.
 Stockholm Conference (1972): The United Nations Conference on the Human
Environment, held in Stockholm, marked the formal beginning of modern
international environmental law. The Stockholm Declaration emphasized the need to
integrate environmental protection with economic development and established the
United Nations Environment Programme (UNEP).
 Montreal Protocol (1987): The Montreal Protocol successfully addressed the issue of
ozone layer depletion by regulating substances like chlorofluorocarbons (CFCs). It is
widely regarded as one of the most successful international environmental treaties.

Recent Milestones
 Rio Earth Summit (1992): The Earth Summit resulted in the Rio Declaration and
Agenda 21, which promoted the concept of sustainable development and led to the
adoption of international conventions such as the Convention on Biological Diversity
(CBD) and the United Nations Framework Convention on Climate Change (UNFCCC).
  Kyoto Protocol (1997): The Kyoto Protocol set binding targets for developed
countries to reduce greenhouse gas emissions, marking a significant step in global
efforts to mitigate climate change.
 Paris Agreement (2015): The Paris Agreement seeks to limit global warming to below
2°C compared to pre-industrial levels, with countries committing to nationally
determined climate goals.

Institutional Mechanisms International organizations, such as the Intergovernmental Panel

on Climate Change (IPCC), provide scientific assessments of climate change. The Convention
on International Trade in Endangered Species (CITES) regulates the international trade in
endangered species.

Judicial Contributions The International Court of Justice (ICJ) has adjudicated several key
environmental disputes, including the Nuclear Tests Case (1974), in which the ICJ ruled that
states have an obligation to prevent environmental harm to other states.

Q - Explain the meaning and kinds of enviornmental

pollution. Enumerate the factors responsible for causing
enviornmental pollution in current era

Meaning of Environmental Pollution

Environmental pollution refers to the contamination of the natural environment due to
human activities that introduce harmful substances or pollutants into the air, water, soil, and
other components of the ecosystem. Pollution disrupts the balance of ecosystems and can
have detrimental effects on the health of living organisms, including humans, animals, and
plants. It degrades the quality of natural resources, making them unfit for consumption or
use.
Environmental pollution can be categorized based on the type of pollutant and the medium
it affects. The primary types of pollution include air, water, soil, noise, and light pollution.

Kinds of Environmental Pollution

1. Air Pollution Air pollution occurs when harmful substances, such as gases,
particulate matter, and biological molecules, are introduced into the atmosphere.
These pollutants can be natural (volcanic eruptions, wildfires) or anthropogenic (from
industrial emissions, vehicle exhaust, etc.). Key pollutants include carbon monoxide
(CO), sulfur dioxide (SO₂), nitrogen oxides (NOx), particulate matter (PM2.5 and
PM10), ozone (O₃), and volatile organic compounds (VOCs). Air pollution can lead to
respiratory diseases, acid rain, and global warming.
2. Water Pollution Water pollution happens when harmful chemicals, toxins,
pathogens, or waste products contaminate water bodies like rivers, lakes, oceans,
and groundwater. It can be caused by agricultural runoff (pesticides and fertilizers),
 industrial waste, untreated sewage, and plastic waste. Water pollution can harm
aquatic life, disrupt ecosystems, and make water unsafe for drinking and sanitation.
3. Soil Pollution Soil pollution involves the contamination of the earth's surface by
hazardous substances such as heavy metals (e.g., mercury, lead), pesticides,
industrial waste, and chemical fertilizers. Soil pollution can lead to the degradation of
soil quality, affecting agricultural productivity, reducing biodiversity, and
contaminating the food chain.
4. Noise Pollution Noise pollution refers to the presence of excessive or disturbing
sounds in the environment, typically caused by transportation (vehicles, airplanes,
trains), industrial activities, urban development, and construction. Chronic exposure
to high noise levels can lead to hearing loss, stress, sleep disturbances, and
cardiovascular problems.
5. Light Pollution Light pollution occurs when excessive artificial light interferes with
the natural darkness of the night sky. This is mainly due to streetlights, advertising
lights, and illumination from cities. Light pollution disrupts ecosystems, particularly
nocturnal animals, and also affects human health by disturbing circadian rhythms,
potentially leading to sleep disorders and other health issues.

Factors Responsible for Causing Environmental Pollution in

the Current Era
1. Industrialization and Urbanization Rapid industrial growth and urban expansion
have led to increased production of waste, both solid and gaseous, which is often
discharged into the environment. Factories emit large quantities of pollutants into
the air and water, contributing to pollution.
2. Deforestation Deforestation, often driven by agricultural expansion, urbanization,
and logging, not only leads to loss of biodiversity but also affects air and water
quality. Forests play a crucial role in absorbing carbon dioxide and providing clean
water. Their destruction leads to increased carbon emissions and soil erosion.
3. Agricultural Practices The excessive use of chemical fertilizers and pesticides in
agriculture leads to water and soil pollution. These chemicals leach into groundwater
and surface water bodies, posing a threat to aquatic life and human health.
Moreover, agricultural runoff can lead to nutrient pollution, causing harmful algal
blooms and depleting oxygen levels in water bodies.
4. Waste Generation and Disposal Improper waste management, especially in rapidly
growing urban areas, is a significant factor contributing to pollution. Landfills and
open dumpsites often leak harmful substances like leachates into the soil and water.
Additionally, plastic waste, when not properly disposed of, often ends up in rivers and
oceans, creating serious environmental and wildlife problems.
5. Automobile Emissions The burning of fossil fuels in vehicles is a major contributor to
air pollution, especially in urban areas. Emissions from cars and trucks contain
harmful pollutants such as carbon monoxide, nitrogen oxides, and particulate matter.
These pollutants contribute to smog formation and can have severe health impacts
on humans.
6. Energy Production and Consumption The burning of fossil fuels for energy
production, including coal, oil, and natural gas, releases carbon dioxide and other
greenhouse gases into the atmosphere, contributing to global warming and climate
 change. Additionally, nuclear power plants, while low on emissions, produce
radioactive waste, which poses long-term environmental hazards.
7. Mining and Quarrying Mining activities, especially in mineral-rich regions, lead to
soil erosion, water contamination, and habitat destruction. The release of toxic
chemicals like mercury, cyanide, and arsenic from mining operations can severely
impact local water sources and ecosystems.
8. Population Growth Rapid population growth increases the demand for resources
such as food, water, and energy. This leads to overconsumption, resource depletion,
and the generation of more waste, which, if not managed properly, leads to
pollution.
9. Consumerism and Packaging The increase in consumer goods, especially packaged
products, contributes to waste generation. Single-use plastics, packaging materials,
and electronic waste (e-waste) contribute significantly to environmental pollution.
Improper disposal of e-waste can lead to the release of harmful substances such as
lead, cadmium, and mercury into the environment.
10. Tourism While tourism generates economic benefits, it also leads to environmental
degradation. Tourism increases the demand for water, energy, and resources while
also contributing to pollution through waste generation, damage to ecosystems, and
increased emissions from transportation.

Preventive Measures for Environmental Pollution

1. Adoption of Cleaner Technologies One of the most effective ways to reduce
pollution is by shifting to cleaner, more sustainable technologies in industries,
transportation, and energy production. The use of renewable energy sources like
solar, wind, and hydropower can significantly reduce emissions from fossil fuels.
2. Waste Reduction and Recycling Promoting waste segregation, recycling, and
composting can reduce the amount of waste sent to landfills and reduce pollution.
Encouraging the use of eco-friendly packaging and reducing single-use plastics can
also help mitigate waste-related pollution.
3. Sustainable Agriculture The use of organic farming methods, integrated pest
management, and precision farming can help reduce the use of harmful chemicals
and minimize their impact on soil and water quality. Techniques such as crop rotation
and agroforestry also promote soil health and biodiversity.
4. Afforestation and Reforestation Planting trees and restoring degraded ecosystems
help absorb carbon dioxide, prevent soil erosion, and improve water quality. Forest
conservation efforts, along with the promotion of sustainable land use practices, can
help protect the environment.
5. Pollution Control Regulations Governments must enforce strict pollution control
measures through regulations that limit emissions from industries, vehicles, and
power plants. The establishment of environmental standards for air, water, and soil
quality can prevent further degradation of natural resources.
6. Public Awareness and Education Raising awareness about the impacts of pollution
and encouraging sustainable practices can lead to collective action. Public education
campaigns can encourage individuals to reduce energy consumption, recycle, and
reduce waste generation.
7. Promoting Public Transport and Sustainable Mobility Encouraging the use of public
transport, bicycles, and walking can help reduce vehicular emissions, especially in
 urban areas. Governments can also promote electric vehicles (EVs) and improve
public transportation infrastructure to make it more accessible and efficient.
8. Water Conservation Proper management of water resources, through the use of
water-saving technologies, rainwater harvesting, and reducing water wastage, can
mitigate the impact of water pollution. Efforts to clean and restore polluted rivers,
lakes, and oceans are crucial in maintaining water quality.
9. Environmental Impact Assessments (EIA) Before undertaking large-scale
development projects, environmental impact assessments should be conducted to
evaluate the potential environmental consequences. This can help identify and
mitigate harmful effects before they occur.
10. Government Policies and International Cooperation Governments must implement
and enforce effective environmental policies, while international agreements such as
the Paris Agreement can provide a platform for global cooperation in tackling
environmental pollution. Cross-border initiatives can address global pollution issues
such as climate change and oceanic pollution.

Q - Discuss the principle provided in absolute liability and

strict liability relating to protection of enviornment with
appropriate judicial pronouncement.

Principle of Absolute Liability and Strict Liability in

Environmental Protection
Environmental law plays a crucial role in protecting the environment from harmful activities
that may cause irreversible damage. Among the various legal doctrines that govern the
responsibility for environmental damage, strict liability and absolute liability are particularly
important in ensuring that industries and individuals are held accountable for the harm they
cause, regardless of their intent or negligence. These doctrines, which evolved from both
national and international legal systems, are integral to maintaining ecological balance and
safeguarding public health.

Strict Liability
Strict liability is a legal principle that holds individuals or entities liable for harm caused by
their actions, regardless of fault, negligence, or intent. It applies in cases where the
defendant is engaged in inherently hazardous or dangerous activities that could lead to
significant environmental damage. Under strict liability, the focus is on the risk posed by the
activity itself, and the defendant is held responsible for the damage, even if they took
reasonable precautions to prevent harm.

The Rylands v. Fletcher case (1868) in English law laid the foundation for the principle of
strict liability. The case involved the escape of water from a reservoir constructed by the
defendant, which caused damage to a neighboring mine. The court held the defendant liable
for the damage caused by the escape of water, establishing that a person who brings or
keeps something onto their land that could cause harm if it escapes must be held strictly
responsible for any resulting damage.

In India, the principle of strict liability was first applied in the landmark case of M.C. Mehta
v. Union of India (1987), which involved the gas leak disaster at the Union Carbide plant in
Bhopal. The Indian Supreme Court applied the strict liability principle to hold Union Carbide
responsible for the extensive environmental and human damage caused by the leak. The
Court ruled that industries engaged in hazardous activities must take full responsibility for
any damage caused by those activities, regardless of fault or negligence.

While strict liability ensures that entities are held accountable for their actions, it allows for
certain defenses, such as the occurrence of an act of God or unavoidable accidents. This
limitation prompted the development of the more stringent principle of absolute liability.

Absolute Liability
Absolute liability is a more rigid and comprehensive form of liability than strict liability.
Under this principle, an individual or entity is held fully accountable for environmental
damage without any exceptions or defenses. Even if the harm results from unforeseen
events or circumstances beyond the control of the defendant, the defendant will still be
liable. This principle emerged in response to concerns that the exceptions in strict liability
could allow industries to avoid responsibility for catastrophic environmental damage.

The principle of absolute liability was formally introduced in India in the case of M.C. Mehta
v. Union of India (1987), where the Supreme Court dealt with the Bhopal Gas Tragedy. The
Court expanded on the concept of strict liability and ruled that when an enterprise engages
in hazardous or dangerous activities, it must bear full responsibility for any resulting harm.
The Court removed the possibility of defenses such as "act of God," ensuring that the
defendant would be fully liable for environmental damage caused by their activities.

The Court's ruling in this case marked a significant shift in Indian environmental law, focusing
on the need for industries to adopt stringent safety measures and bear the full cost of any
harm they cause. It emphasized that the primary concern should be the protection of public
health and the environment, rather than the defense of corporate interests.

The principle of absolute liability has since been applied in various cases where hazardous
activities have led to environmental disasters. For example, in M.C. Mehta v. Kamal Nath
(1997), the Supreme Court applied absolute liability to hold a resort responsible for
environmental damage caused by illegal encroachments along the Beas River. In this case,
the Court emphasized that those who engage in activities that harm the environment must
bear the costs of restoration, even if no negligence was involved.

Judicial Contributions
The judicial pronouncements in the cases of M.C. Mehta v. Union of India (1987) and M.C.
Mehta v. Kamal Nath (1997) are pivotal in the development of the doctrines of strict and
absolute liability. These cases have expanded the scope of liability and reinforced the
importance of environmental protection in legal decision-making. The Indian judiciary has
consistently reinforced the need for industries to be accountable for environmental harm
and for the victims of such harm to receive compensation.

of the key aspects of these decisions is the shift from fault-based liability to strict and
absolute liability, which focuses on the nature of the activity rather than the intent or
negligence of the defendant. This has provided a more effective legal framework for dealing
with environmental harm caused by industries engaged in dangerous activities, ensuring
that environmental protection takes precedence.

In Vellore Citizens Welfare Forum v. Union of India (1996), the Court further advanced the
application of the polluter pays principle, which mandates that the polluter bears the cost of
environmental damage. This principle aligns with the concepts of strict and absolute liability,
ensuring that industries responsible for environmental harm are financially liable for
remediation and compensation.