Author: Samidha Ramdas Chaudhari, Dr. Babasaheb Ambedkar Memorial College of Law Dhule
To the point
Environmental law is a collection of laws related to water quality, air purity, endangered wildlife and other environmental structures. And since this environment is getting polluted, the implementation of laws becomes necessary. India is considered a country of spirituality and philosophy, and this country is known as the country of rivers.There are 14 major, 44 medium, 55 small rivers in India. From the Ganges in the north to the Cauvery River in the south, all rivers are associated with religion and are sacred. As stated in religious texts, the Ganges River purifies sins. But these rivers or forests, mines, whatever natural resources are, are being destroyed. Deforestation is rampant to build big companies or malls. Due to this, the environment is deteriorating. India’s rivers are increasingly becoming dumping grounds for domestic, industrial and agricultural waste. A polluted environment is threatening human existence and this problem has an impact on the entire world and the human race. And that is why global efforts are being made to protect and conserve the earth’s environment. The combination of rapid industrial development, strong economic growth, and unprecedented urban expansion has led to a significant increase in pollution emissions.
Use of legal jargon :- The origin of various national laws is seen to have originated from environmental issues. The Indian Constitution did not have a specific provision for environmental protection, but after the United Nations Conference on Human Environment held in Stockholm in 1972, the Indian Constitution was amended and a constitutional mandate for environmental protection was passed :-
Indian Constitution article 51 :- After the 42nd Amendment to the Constitution of India, Article 51(c) states that it is the fundamental duty of citizens to protect and improve the natural environment. It is the duty of every citizen of India to conserve all natural resources including lakes, forests, wildlife, and rivers. This article is considered one of the fundamental principles of state policy.
Indian Constitution article 48 :- It states that the state government will continue to strive to improve and protect the environment and protect forests and wildlife.
Biomedical Waste Rules 1998 :- This Act regulates the handling, management, disposal and classification of biological waste generated for the diagnosis, treatment and vaccination of humans or animals or for research.
Municipal Solid Waste (Management and Handling) Rules 2000:- These rules have been implemented by all the Municipal Corporations in the country. Rules have been framed for the collection, segregation, transportation and disposal of waste generated by a city or a municipal corporation.
Noise Pollution (Regulation and Control) (Amendment) Rules, 2010:- These rules lay down the necessary conditions for reducing noise pollution and the noise level during night should not exceed 10 dB te 75 dB. Horns should not be blown in residential areas at any time except during emergency, construction equipment that generates noise at night should not be used.
Air (Prevention and Control of Pollution) Act, 1981:- The objective of this Act is to prevent and control air pollution in India. Provision has been made for the establishment of a Central Pollution Control Board and a State Pollution Control Board to implement the Act at the Central and State levels. The Central Government empowers the State to designate air pollution zones.
Wildlife Protection Act 1972:- This Act makes provisions for the conservation and protection of wildlife, plants, animals and birds of the country, along with restricting the hunting of many rare animals and their species. After that, in 2021, the Ministry of Environment, Forest and Climate Change introduced the Wildlife Amendment Bill in the Lok Sabha. The main objective of this bill is to increase the number of endangered wildlife, plants and species.
The proof :- Environmental problems are increasing and due to such environmental degradation, it is becoming difficult for many small and large living beings, animals and birds, and plants on the earth to survive. Humans are causing great damage to the environment due to their progress. And this is becoming a global problem, so efforts are being made to create awareness among the public about the environment. Environmental protection is being spread in a better way through educational sectors. The current laws also seem incapable of eliminating these problems, but these laws are needed. At the international level, many types of environmental agreements and conventions are being tried to deal with environmental problems. The United Nations started emphasizing environmental aspects at the Conference on the Human Environment in Stockholm, since then many nations have adopted seventy international agreements, principles, declarations, charters, etc. In order to maintain a healthy environment in the country, the Ministry of Environment was established in India in 1980. In 1985, it became the Ministry of Environment and Forests. The entire responsibility of implementing environmental laws and their implementation lies with this ministry. The Environment Protection Act, which came into force in 1986, was implemented due to the Bhopal gas tragedy. 3000 people died in the Bhopal gas tragedy and 1,02,000 people were permanently disabled and after this incident, the Environment Protection Act, 1986 was enacted under Article 253 of the Constitution of India. The objective was to improve the environment and prevent hazards to humans, plants and other living beings. This act also strengthens the rules related to pollution control and environmental protection by hazardous industries .
Abstract :- The natural environment is a combination of many aspects. Drinking water, air, wildlife and plants etc. All these things are gifts of nature but these gifts are under threat. The recent news that is in the news is the Telangana IT park case. The Telangana government had planned to build an IT park on 400 acres of land adjacent to the university in Kancha Gachibowli, Hyderabad. Since this land is adjacent to the forest area, there have been opposition and legal challenges to this plan due to concerns about deforestation and environmental impact. Based on all these, the Honorable Supreme Court has ordered to stop deforestation in this area. Similarly, a similar environmental problem exists in Delhi, which is air pollution. The air pollution there has become so alarming that recently CNG has been made mandatory for public transport vehicles. This is helping to reduce air pollution in Delhi. If we, as conscious citizens of society, do not focus on environmental problems for our country, then environmental degradation is certain, and it is necessary for government and non-government organizations to work together to overcome this problem. Environmental regulations protect public health, i.e. prevent people from coming into contact with pollution that causes respiratory disorders, cancer and other health problems. This helps in protecting biodiversity and improving the health of ecosystems. Internationally, treaties such as the Paris Agreement (2015), the Kyoto Protocol (1997), and the Convention on Biological Diversity (1992) establish cooperative frameworks for addressing transboundary issues. Nationally, laws like the UK’s Clean Air Act 1956 and the US Toxic Substances Control Act of 1976 establish regulations to limit pollution and manage chemical safety. Enforcement varies by jurisdiction, often involving governmental agencies, judicial systems, and international organizations. Environmental impact assessments are a common way to enforce environmental law.
Case Law :-
M.C. Mehta vs. Union Of India ( Ganga river pollution case ) :- On a PIL filed by the Mr. M. C. Mehta U/A 32 of Indian Constitution, it was observed by the Supreme Court that water of River Ganga was highly toxic near Kanpur city- as the Tanneries in the area were discharging their untreated effluents into the River.Also, nine nallahs were discharging sewage effluents and sludge into the river. Similarly, dead bodies and half-burnt bodies were also been thrown into the river. Also, the water supply and sanitary conditions in the entire city was inadequate and not up to the marks of a normal city. Therefore, the court held the Kanpur Mahanagarpalika liable and also passed several direction for the PCA (Prevention, Control and Abatement) of pollution of River Ganga, some of which were:
Increase of size of sewers in labor colonies;
Construction of several numbers of latrines and urinals;
Preventing the throwing the dead bodies and half-burnt bodies or ashes after Funeral ceremonies into the river;
Installing treatment plants in tanneries and other factories;
Observe the ‘Keep the village clean week’
Addition of slides relating to importance and purity of water in the theatre at the time of intervals.
2) Sachchidanand Pandey Vs. State of West Bengal (1987) :- In this case, the West Bengal government leased 4 acres of Calcutta Zoological Garden property to the Taj Group so they could build hotels there. The Secretary of the Union of Workmen of the Zoological Garden contested the grant of this land. The Supreme Court heard an appeal claiming that the development of such a hotel would harm the zoo animals and the ecology.It was ruled that whenever a case involving an environmental problem is to be heard, the courts must take into accountArticle 48A of the Directive Principles of State Policy that talks about Protection and improvement of environment and safeguarding of forests and wild life and Article 51A(g) of the Fundamental Duties that places the duty on every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures The court ruled in favour of the appellant in this case.
3) Taj Trapezium Case ( M. C. Mehta vs. Union Of India & ors. ) :- The Supreme Court of India ruled in 1996, directing 292 polluting industries to switch to natural gas or relocate outside the Taj Trapezium Zone to mitigate environmental damage. The court also emphasised sustainable development, the precautionary principle and the polluter pays principle. Taj Trapezium Case judgement balanced industrial interests with environmental conservation, ensuring the long-term preservation of the Taj Mahal while protecting workers’ rights.
Conclusion:- In India, environmental protection is a concern not only for the country but also for the whole world, hence environmental laws are linked to human rights policy and it is a fundamental human right of everyone to live in a pollution-free environment. Held in 1992 at Rio de Janeiro, Brazil, it was a landmark conference in environment conservation history. One hundred and fifty of the gathered 178 countries signed the Convention of Biological Diversity (CBD) to conserve biodiversity, use biodiversity on a sustainable basis and share benefits arising from use of biodiversity on a sustainable basis. A range of environmental issues were addressed, including protection of forests, prevention of global climate change, rights of indigenous and tribal peoples, role of poverty in environmental problems and provision of aid for environmental development programmes in poor countries. As mentioned in the above article, the Taj trapezium case or the Ganga river pollution case, the Calcutta Zoo case, all three cases are seen to have arisen due to pollution and environmental degradation. Environmental laws and legal action are necessary to preserve and protect cultural heritage from the adverse effects of pollution. Without it, pollution in India will not reduce. Despite legal action and intervention, pollution is a matter of concern.
FAQS
What is the precautionary principle in environmental law?
Answer – The precautionary principle is an environmental law principle that allows for protective measures to be taken when there is uncertainty about the risk of environmental harm.
What is 42nd Amendment in environmental law?
Answer -The 42nd Constitutional Amendment, 1976, is significant in the context of environmental laws in India as it introduced provisions that laid the foundation for environmental protection in India.
What is EPA?
Answer – The Environment Protection Act, 1986 (EPA, 1986) is an umbrella legislation under which various rules and notifications have been framed and issued to take care of the different dimensions of environmental challenges.
What is Environmental Governance?
Answer – Environmental Governance refers to the systems and processes in place to manage environmental resources and protect the environment. It encompasses the laws, policies, initiatives, and institutions that guide human interactions with nature.
Landmark Judgement on wildlife protection ?
Answer – In Sansar Chand v. State of Rajasthan, the Supreme Court upheld the conviction of Sansar Chand, a notorious wildlife trafficker, for violating the Wildlife Protection Act. The case highlighted the severity of organized poaching and the illegal trade in endangered animal parts, particularly those of tigers and leopards, often destined for international markets like China. The court emphasized the need for stringent enforcement of wildlife laws and the protection of India’s biodiversity.
