Environment and It’s Legal Perspective in India



Author: Atharv Kulkarni, Shahaji Law College


Introduction -:

In Atharvaveda which is an ancient Hindu text, earth is referred as Paradise. It highlights that earth is place of beauty it is the duty of human beings to protect and cherish it. In the Atharvaveda it implied that, planet is precious resource which sustains the life.  Indian constitution also includes provisions related to environmental protection. The environment related legal framework emphasizes that without a healthy environment life cannot be enjoyed. 

Relevant legal courses -:

Article 48A :
This articles states that the state has duty to protect and improve the environment.
Article 51A(g) :
This article explains that the duty of citizens to protect the environment.

Judicial interpretations :
Mostly environmental rights and fundamental rights are interconnected by the Judiciary for example article 21 of Indian constitution explain the right to life which includes right to a pollution free environment.

Writ jurisdiction :
True Supreme Court that is article 32 and through high courts that is article 226 constitution has enabled individual to seek the justice for environmental any rights violations.

Environment protection Act 1986 :
Indian government enacted Environment protection Act in 1986 to control pollution and improve the quality of environment which also contents the information about the pollution.

Section 91 of CPC section 133,142,144 of CRPC addresses mechanism for environmental harm through Civil and criminal proceedings.
In Landmark case of Govind Singh vs Shanti Swaroop the court order to protect against the health hazards from environmental pollution.

Air act and Water act :
DTS acts regulate air pollution and water pollution respectively with penalties for violations.

Forest conservation act 1980 :
Due to this act government has mandated and required to take government permission for the forest land for conversion.

Wildlife Protection Act 1972 :
This acts protects wildlife and habitats and regulates the forest conservation.

National environment Tribunal act 1995 :
Due to this act government introduced strict liability against environmental damages caused by any hazard substances it will create a Tribunal for the adjudication.

Atomic energy act 1962 :
Hazardous nuclear contents in  polluted air are coming out of from the factories this act regulates this safety that coming out of due to this nuclear.

Factories act 1948 :
After industrialisation in India government recognised increasing pollution in industrial surroundings this act insurance the environmental proper standards in the industrial area.

Proactive role of Indian Judiciary -:

1) Judicial activism :
Indian coats has not set limit by the old way of locas Sandi and has adopted proactive stance environmental related environmental related issues.

2) Relocation of industries :
Court has set area for industries. The area comes in residential area it should be out of residential area. It was done to protect public health.

3) Stoppage of activities :
Court head stop activities which were hazardous to the environment or public health court has the authority to do it. Also Court has taken measures to protect public health.

4) etp’s :
It means effluent treatment plants. It stabilize the environmental standards. The Supreme Court has mandated to all industries to install these etps.

5) Public Interest Litigation :
PIL that is public Interest Litigation has played very important role in many environmental related issues resolving through legal procedure. It has encouraged to many individuals or groups by allowing them to sick judicial help for they are not directly affected.

6) Establishment of green benches :
Specialised green benches has been set up by Supreme Court and various high courts specially handle the environment related issues. Cases are handled by experts in this matter. Beach benches focuses only on environmental related issues.

Key legal development and principles in India -:

1) Role of higher courts : In India the environmental law was developed due to judiciary many environment related case laws. The judiciary and higher courts gave a shape environmental jurisprudence by the environmental issues.

2) Constitutional Right :
Right to pollution free environment is included in article 21 which states write to life. Initially it was not mention or not included.

3) Fundamental duty :
The Higher Court especially supreme Court mandate to the state and protect the environment. The supreme court also highlighted that it is fundamental duty of every citizen to protect the environment. While stating this, the court explain the connection between individual rights and environmental responsibility of them.

4) Bhopal gas leak case :
In Bhopal the factories hazardous gas was leaked due to which it harm many human beings it shocked the world this incident grab the attention of the world. In this Landmark is the Honorable Supreme Court that right to a pollution free environment comes under Article 21 stating the right to life.

5) Vellore citizens forum case :
From the ternaries in Tamilnadu large scale pollution was occurring. In this case sustainable development was introduced. Supreme court also recognise this by referring Stockholm declaration, rio declaration etc.

6) Judicial grants :
To create awareness and to protect environment the higher courts introduced various remedies for example they established an environmental fund. This fund utilized for rehabilitation of polluted areas. The fines imposed on polluters were the main source of this fund.

Conclusion -:


In present era for the protection of environment the dynamic approach is very necessary. This seems to be lack at global level. Also the growth in sectors like biotechnology and other are taking place rapidly for this growing sectors legal frameworks also need adapt swiftly.
Indian Higher courts have shown progressive approach while addressing environmental issues in the court.

References -:

National Portal of India
https://www.india.gov.in
Act and Rules related to environment protection

Wikipedia
https://en.wikipedia.org
Environmental law

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