Environmental Law Notes PDF

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Environmental Law Topic 1........................................................................................................................................................................................ Vedic Age....................................................................................

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Environmental Law

Topic 1...........................................................................................................................2 Vedic Age....................................................................................................................3 Mughal Empire...........................................................................................................3 British Rule.................................................................................................................3 Fundamental Rights and Environmental law.............................................................6 Topic 2: International Environment Law.......................................................................8 Key concepts under the Environmental Law:.............................................................8 1. Sustainable Development..................................................................................8 2. Principles under Environmental Law.................................................................8 3. Environmental Equity........................................................................................9 Topic 3 – Constitutional Provisions and the Environment...........................................30 Preamble...................................................................................................................30 Centre-State Relations.............................................................................................30 International Conventions........................................................................................31 Fundamental Duties.................................................................................................31 The Water Pollution Act...............................................................................................32 Air Pollution Act...........................................................................................................37 Prevention and Control of Air Pollution...................................................................38 1. Section 19........................................................................................................38 2. Section 17 and 31A (Functions of State Boards and Power to give directions) 38 3. Section 20 - Power to give instructions for ensuring standards for emission from automobiles.—..............................................................................................38 4. Section 28 - State Air Laboratory....................................................................38 5. Section 21 - Restrictions on use of certain industrial plants...........................38 6. Section 22 - Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by State Board............................38 7. Section 24 – Power of entry and inspection.....................................................38 8. Section 25 – Power to obtain information........................................................39 9. Section 26 - Power to take samples of air or emission and procedure to be followed in connection therewith..........................................................................39 10. Section 31A – Power to give directions.........................................................39 Penalties and Offences – Chapter VI........................................................................39 1

NOISE POLLUTION.....................................................................................................41 Statutory Provisions.................................................................................................42 Railways and Aircrafts..............................................................................................43 Noise Pollution (Regulation and Control) Rules, 2000.............................................44 Wetlands......................................................................................................................46 Significance..............................................................................................................46 Threats to Wetlands..................................................................................................46 Global Initiatives......................................................................................................47 Laws to Deal with Wetland Conservation.................................................................47 Recent Efforts...........................................................................................................48 Montreaux Record....................................................................................................48 ENVIRONMENTAL PROTECTION ACT, 1986.............................................................49 Incident Giving Rise to the Need for the Act...........................................................49 Importance...............................................................................................................49 Object and Reason of the Act...................................................................................49 Imp Definitions.........................................................................................................50 Powers of the Central Govt.......................................................................................51 Liability and Punishments........................................................................................55 Environmental Impact Assessment.............................................................................56 Coastal Zone Management..........................................................................................59 What is Coastal Zone? Purpose Behind Managing them?........................................59 India..........................................................................................................................59 Important Judgments................................................................................................61 Solid Waste Mgmt Rules, 2016....................................................................................63 Hazardous waste......................................................................................................64 E-Waste........................................................................................................................66 Definition..................................................................................................................66 Imp factors of the 2016 Rules..................................................................................66 Major Issues.............................................................................................................66 Radioactive/Nuclear Waste..........................................................................................67 How has this Waste Devastated the Lives of People?..............................................67 National Green Tribunal..............................................................................................68 Major Challenges......................................................................................................71 Significant Judgments..............................................................................................71 Forest Act....................................................................................................................73 2

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Topic 1 Human beings are made up of 5 elements – Sky, Earth, Air, Water and Fire. If any of these elements are disturbed, then the entire thing is disturbed. Environmental law – everything that surrounds you - How wisely we use everything and how we sustain them Activities that have led to the development of environmental law WHY ENVIRONMENTAL LAW?

M.C. Mehta: MC Mehta is the reason Environmental Law is in existence. He is referred to as the Green Lawyer. He associated right to life to right to healthy environment. M.C. Mehta v. Union of India (1991 writ petition)- Article 51AG (fundamental duties) - People needed to be better educated about the environment. - Everyone should know importance of environment and this duty (because most people are not educated or literate)- he put 3 contentions: 1. All the cinema halls must exhibit at least 2 or 3 messages free of cost.- to create awareness. 2. Huge population explosion- life had become more competitive. Old norms of good living cannot be applied on hugely populated country. Recent exampledisaster management video: make people aware regarding how to deal with the pandemic. They know about IPC, but they don’t know the consequences, they don’t know the way out. 3. Schools must be given information regarding environment govt. is under the obligation to keep citizens informed.    

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Nobody implemented. In the year 2003, court itself Law needs to be updated but every time new act cannot be introduced. After the petition was expected, the court gave direction to state govts and uts to enforce as a condition of license to all cinema halls the free exhibition of at least 2 slides on environment. They don’t show anything specifically related to the environment with the exception of tobacco Ministry of broadcasting- short films on environment and pollution. Even All India Radio and Door Darshan were directed to broadcast relevant programs. Compulsory education on environment from next year- direction, i.e. 1992. Till 2003, nobody did it. SC wanted that each and every school curriculum should go green. Strict formentire school curriculum to go green. NCRP and other boards were directed to firmly adhere to the guidelines. After 2003, Santosh Hegde and B.P. Singh imposed a fine on 10 states for not complying with the directions of the court. UGC also made a compulsory paper under the UG programme. Basic outline why MC Mehta movement started. 4

WHAT IS ENVIRONMENT? ‘everything except me is environment.’  Physical and biological system in which men live.  Section 2(a) of the The Environment (Protection) Act, 1986 "environment" includes water, air and land and the inter – relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property”  Food chain, etc. – everything which is associated with each other  “Environa”- meaning surrounding. - Surrounded conditions and circumstances which affect the people is environment. - When these things get disturbed, law assumes importance - Complex, physical, chemical and bio surrounding an organism or an ecological community. Such factors act and interact with various species and organisms to affect their form, growth, and survival.  Hiroshima and Nagasaki explosion, Bhopal Gas tragedy- there were changes in genetic mutation where people were born with deformities– even after 2 generations people are born with tumours, cancers, thyroid, etc. progeny was distorted.  Any unfavourable alteration of this environment is called environmental pollution.  -

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One is def of environment and one is def of environmental pollution. Most common env pollution- Air, Water, Land, Radiation and Thermal PROVISIONS AND POLICIES (PRIOR TO ACT OF 1986) Earlier when we had the regime of ruler, they had the passion of hunting. They didn’t know the meaning of protection and preservation. We don’t have much in our past involving dedicated law. Akbar regime- prohibited hunting but during medieval period there was not much work done. British time- specific act- Shore Nuisance Act of 1863, Merchant Shipping Act of 1858. They basically dealt with shore and shipping. Related to pollution of water; Fisheries Act of 1897; Bengal Smoke Nuisance Act of 1905, Bombay Smoke Nuisance of 1912; Wild Birds and Animal Protection Act 1912. Politicians or govt. Didn’t think about it. Focused on economy. ENVIRONMENTAL LAW DURING THE ANCIENT TIMES

Vedic Age  In ancient time, it was said that it was the ‘Dharam’ or ‘duty’ of every person to protect the environment.  Rigveda says that cleaning and planting of trees would promote happiness and a safe life.

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Similarly, even in the Muslim and in the Christian holy books, there are certain mentions made in, promoting protection of environment for a safe and a happy living. It was understood as the ‘dharma’ (duty) of each and every person to ensure protection of the environment. There is a correlation between the five elements of life and the sensory organs of human beings. Kautilya’s Arthashastra also points at making environmental protection an extremely important duty. Rig Veda also mentions five elements that provides the basis for life {Fire, water and all of that} These Vedas also point at maintaining an ecological balance in the society. Yajur Veda on the other hand upholds the importance of conducting yajnas, as the gases that come out of these yajnas were believed to purify the air. Sama veda focuses on maintaining the season cycle, and therefore the human activity should also remain in correspondence of preserving this season cycle. Atharva Veda says that it is the duty of the mankind to give back what they took from the nature, in whatever form they can.

Mughal Empire  They only had passion towards hunting and this marked the beginning of environmental deterioration  during Akbar’s regime some changes were made. Rule- hunting could be done only by the ruler or those belonging to the royal family. ‘Royal trees’ could not be cut. If they were cut fine would be paid. No other rules The environmental measures were also introduced post-Independence only via the Stockholm conference and not via the Constitution of India as the policy – makers focused on economic development and poverty alleviation. EFFORTS MADE TOWARDS ENVIRONMENTAL PROTECTION 1. Stockholm Declaration of 1972  Attracted the Indian gov for the protection and preservation of the environment  Special laws were introduced  As a part of the Stockholm Declaration of 1972, the Indian government took steps for the protection and preservation of environment. - The Environment Protection Act, 1986 was introduced along with setting up of NCEPC [National Committee of Environment Planning and Co-ordination] in the year 1972. - This NCEPC was converted into a permanent ministry which aimed at protecting and preserving environment – called Ministry of Environment and Forest. Further, there was an introduction of Water (Prevention and Control of 6

Pollution) Act, 1974 which establishes a Pollution control board at both the centre and the state level.

2. Wildlife Protection Act, 1972 3. Water Prevention and Control of Pollution Act , 1974.  Works at both central and state level poll control board at both state and central levels. Article 51A (g); Article 48(a) Article 51A(g) of the Indian Constitution mentions the fundamental duty of the citizens to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. While, 48A of the Indian Constitution [introduced after the 42nd amendment] imposes a duty on the state to take efforts to protect the environment. Some of the other legal measures introduced by the Indian government are as follows: 1. 4th Five Year Plan 1968-73 2. Pitambar Panth Committee 3. National Committee on Environment Planning and Coordination. 4. Forest Conservation Act of 1980 5. Prevention and Control of Pollution Act, 1951 6. The Air Prevention and Control of Pollution Act, 1981 7. The Environment Protection Act, 1986 - Basically deals with the entire problem of the environment. It also aims to do away with the loopholes or lacuna which were enacted prior to the Act. 8. The Public Liability Insurance Act, 1991 9. The Biological Diversity Act, 2002

Jadhav Molai Payeng – Forest man of India Kollakkayil Devaki Amma – She grew a Forest Jannat – Cleaned Dal Lake

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WHAT MAKES LIFE POSSIBLE ON EARTH Location of earth in the solar system- safe harbour There are traces of other planets like earth where life can be sustained. First and foremost thing that makes our life possible on Earth is its location in the solar system. Sun is a stable and long-lasting star-. 6 factors also responsible for life on Earth. Dynamic core to human existence. Moon- our own satellite which is a stabilised one. Ozone layer

INTERNATIONAL INSTRUMENTS ON AIR POLLUTION 1. Air pollution Act, (US) 7

2. Clean Air Act, 1956 (UK) 3. Water Quality Conservation Act, 1958 4. Federal Air Pollution Legislation – Clean Air Act, 1963

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INTERNATIONAL DISASTERS DUE TO AIR POLLUTION Instances which led to the origin of environment protection actMuse valley, Begium- there was air pollution related act London Smog case, 1952 Minamota disease, 1958 Yokkuichi asthma- due to air pollution in 1959, hike in number of asthma patients

Project Intro Need for topic Chapterization Conclusion and Opinion Literature Review [[No specific word limit]]

SOURCES OF ENVIRONMENT LAW Env law is related to other disciplines also, Two principal sources. 1. Common law developed by courts through judicial precedents. 2. Statutory laws developed through legislation.. 1. Public Nuisance Activities Certain activities can be brought within the ambit of public nuisance activities. Attorney General v PYA Quarries Ltd  Definition of public nuisance - So Widespread in its range and indiscriminate in its effect that it would not be reasonable to expect one to take proceedings on his responsibility to put a stop to it but that should be taken as the responsibility of the community at large. Common rights of the general public.  File PIL for redressal.  Section 268 of IPC: Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.  Locus Standi: not a hurdle in environmental issues in India since you can file a PIL for the same.  and Burden of Proof: no substantial requirement of Burden of Proof in environmental law issues. 

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Constitution under Schedule VII : Forest Entra 17A List III Wildlife Entry 17B Pollution Control 20A Entry 17 of List II - related to water Public health and sanitation Entry 6,14,18 and 21 of List II. Entry 6, 53,54,55, and 57 of List I. Locus Standi: What is your locus to claim environmental violation? (In PIL, one needs to show that the public at large is affected.) Burden of Proof: Whoever comes to the court has to prove the right exists. In environmental law, there is no burden of proof, no need to substantially prove a harm to yourself, i.e., depicting that facts exist. Till the time the entire thing is proved, the burden is in the hands of the person who approaches the court. Prima facie, one needs to make a case that there is some harm to the environment.

Constitutional Provisions India is among the few constitutions which have specific provisions for environment pollution Tarun Bharat Sangh Alwar v Union of India. 1991 - Sariska case  Fundamental standards & norms and Division of legislative authority wrt Constitution and the Environment.  For precedence among Article 19 rights and article 21 Env: “A great American judge emphasizing on the empirical issue of the environment stated that he placed the government above big business, individual liberty above government and issues of environmental concern above all”.  Range of principles to guide the development of Environmental Law.: 1. Every person enjoys the right to wholesome environment under Article 21 of the Constitution - Subhash Kumar case understanding stance of Article 21 post Maneka Gandhi...