Author: Vinaya Pathak, Swami Vivekanand University, Sagar, Madhya Pradesh
To the point
Environmental protection is important for several reasons like public health mitigating climate change, preserving biodiversity and supporting sustainable development.
Environmental protection helps minimize the impact of deforestation pollution and other activities that harm the environment . This also includes air,water and land pollution . A clean environment is very crucial for human health.
Pollution can cause various diseases like cancer and many other diseases. In this article we will discuss laws related to environment protection and the problem that comes on the way when it comes to environment protection and land mark judgement of supreme court passed on this topic.
Abstract
Environmental protection is a global problem. Pollution means a harmful substance into the environment that causing indestructible damage and changes. Pollution includes soil pollution, water pollution,noise pollution and each with its own specific sources and impacts. Mane source of pollution is human activities like cutting trees, industrial development, urbanization and natural events like earthquake volcanic and fires. For protecting environment constitution of India provide article like 48A that mandates the state shall endeavour to protect and improve the environment and article 51A(g) states that it is the duty of every citizen to protect and improve the environment.
Legal Jargon
Protection of environment is a separate subject and for protecting the environment their is a act called environment law this law has many important doctrines to protect the environment and these doctrines are –
Public trust doctrine – this doctrine can limit private property rights when public interest in environmental protection is at stake.
Polluter pays principal – In this principle those who pollute the environment should bear the cost of pollution.
Precautionary principle – This principal is a preventive principal against environmental harm. This principal more important when it comes to hazardous materials and active.
These principles and doctrines guide, interpret and apply to environmental law.
The proof
Environmental law includes national and international laws that aim to regulate industrial and promote sustainable development. This law was established through legislation including national laws like the Indian environmental protection act 1986 and international treaties like Kyoto protocol; these laws regulate and protect natural resources.
Case Laws
M.C. Mehta vs Union of India (ganga river case)
In this case PIL filed by mc mehta it was observed by the supreme court that water of gang was highly toxic near Kanpur City as the tanneries in the area were discharge their untreated effluents and sludged into the river.The court observed that the contents of iron and manganese were higher from the ISI limits of river water which was found to be very harmful for consumption therefore the court held the kanpur mahanagar palika liable and also passed several direction for the prevention control and abetment of pollution of river Ganga.
Indian council for enviro legal action vs Union of India
In this case five factories were producing Hyaluronic Acid in bicchari village udaipur these units were discharge highly toxic untreated effluents . The result was long lasting soil and water environment in general
Ridhima panday vs Union of India
This case field by the National green tribunal highilited the urgent need to. Coordinated response to climate change.
Conclusion
Protection of the environment is very important for human health and for the natural environment . Environmental pollution is a complex and multifaceted problem that requires a comprehensive and sustained effort to address by understanding the causes and impact of pollution and by implementing effective mitigation strategies we can work towards a healthier and more sustainable future.
FAQS
1.what is the definition of environment?
Environment means a sum of all physical, chemical and biological factors that affect life and ecological balance.
2.Public trust doctrine mean?
This doctrine is fundamental for the environmental law that ensures these resources are preserved and used sustainable by present and future generation.
3. What is Kyoto protocol?
This protocol is a international trety linked to the United Nations it sets the legal target to 37 countries and European community to reduce greenhouse gas.