Unit I

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UNIT I / VIth SEMESTER / ENVIRONMENTAL LAW

The Idea of Environment:


Environment: meaning and components – Pollution: meaning, sources, kinds, and effects of pollution
– Ancient and Medieval Writings – Environmental Jurisprudence – National Environmental Policy.

Meaning and Components of Environment:


Now a days the word environment is often being used by almost all people around us, on television
and in newspapers. Every one is speaking about the protection and pre-serration of environment.
Global summits are being held regularly to discuss environmental issues. During the last hundred
years, the mutual relationship among environment, social organization and culture has been discussed
in sociology, anthropology and geography. All this shows the increasing importance of environment.
Besides, it is a fact that life is tied with the environment.
Social sciences have borrowed the concept of ecology from biology. As a branch of biology, ecology
is the study of the relationship between living beings and their environment. Sociology has been
greatly influenced by biology. Sociology also studies the relationship between man and environment
through ecology. Field of study of human ecology in sociology is centered around man and his
environment.
The credit of beginning the study of human ecology in the field of sociology goes to Park and
Burgess. There exists a close relationship between man and environment. On the one hand man is
born in environment and establishes harmony with environment. On the other hand man tires to
control his environment and change it according to his requirements. Hence it requires an
understanding of the environment of which man is a part.
Meaning and Definition:
The term environment has been derived from a French word “Environia” means to surround. It refers
to both abiotic (physical or non-living) and biotic (living) environment. The word environment means
surroundings, in which organisms live. Environment and the organisms are two dynamic and complex
component of nature. Environment regulates the life of the organisms including human beings.
Human beings interact with the environment more vigorously than other living beings. Ordinarily
environment refers to the materials and forces that surrounds the living organism.
Environment is the sum total of conditions that surrounds us at a given point of time and space. It is
comprised of the interacting systems of physical, biological and cultural elements which are
interlinked both individually and collectively. Environment is the sum total of conditions in which an
organism has to survive or maintain its life process. It influences the growth and development of
living forms.
In other words environment refers to those surroundings that surrounds living beings from all sides
and affect their lives in toto. It consists of atmosphere, hydrosphere, lithosphere and biosphere. It’s
chief components are soil, water, air, organisms and solar energy. It has provided us all the resources
for leading a comfortable life.
1. According to P. Gisbert “Environment is anything immediately surrounding an object and exerting
a direct influence on it.”
2. According to E. J. Ross “Environment is an external force which influences us.”

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Thus, environment refers to anything that is immediately surrounding an object and exerting a direct
influence on it. Our environment refers to those thing or agencies which though distinct from us,
affect our life or activity. The environment by which man is surrounded and affected by factors which
may be natural, artificial, social, biological and psychological.

Components of Environment:
Environment mainly consists of atmosphere, hydrosphere, lithosphere and biosphere. But it can be
roughly divided into two types such as
(a) Micro environment and
(b) Macro environment.
It can also be divided into two other types such as
(c) Physical and
(d) biotic environment.
(a) Micro environment refers to the immediate local surrounding of the organism.
(b) Macro environment refers to all the physical and biotic conditions that surround the organism
externally.
(c) Physical environment refers to all abiotic factors or conditions like temperature, light, rainfall, soil,
minerals etc. It comprises of atmosphere, lithosphere and hydrosphere.
(d) Biotic environment includes all biotic factors or living forms like plants, animals, Micro-
organisms.

Four Components of Environment


The four major components of environment include lithosphere, hydrosphere, atmosphere and
biosphere, corresponding to  rocks, water, air and life respectively.
 Lithosphere is the outermost layer of earth called crust, which is made of different minerals.
Its depth can reach up to 100 kilometers and is found on both land (terrestrial crust) and
oceans (oceanic crust). The main component of lithosphere is earth’s tectonic plates.
 Hydrosphere comprises of all forms of water bodies on earth including oceans, seas, rivers,
lakes, ponds, streams etc. It covers 70% of earth’s surface. 97.5% of water found on Earth is
in the oceans in the form of salt water. Only 2.5 % of water on Earth is freshwater. Out of
this, 30.8% is available as groundwater and 68.9% is in frozen forms as in glaciers. Amount
of 0.3% is available in rivers, reservoirs and lakes and is easily accessible to man.
 Atmosphere is gaseous layer enveloping the Earth. The atmosphere with oxygen in
abundance is unique to Earth and sustains life. It mainly comprises 78.08% nitrogen, 20.95%
oxygen, 0.93% argon, 0.038% carbon dioxide, and traces of hydrogen, helium, and noble
gases. The amount of water vapour present is variable.
 Biosphere refers to all the regions on Earth where life exists. The ecosystems that support life
could be in soil, air, water or land. The term Biosphere was coined by Geologist Edward
Suess who used this term for place on Earth where life can be found. Biosphere refers to the
sum total of all living matter, the biomass or biota. It extends from the polar ice caps to the
equator, with each region harbouring some life form suitable to the conditions there.

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Meaning and Kinds of Pollution:
Humans account for only 0.01% of all life on Earth, yet our impact on the planet is profound. Though
unintentional, human activities like transportation, manufacturing, and agriculture generate
environmental pollution – a catch-all term that describes various types of introduced contaminants
which can disrupt ecosystems, natural processes, and biological life.
From air pollution to water pollution, climate change to smog, understanding the consequences of our
actions is the first step in managing environmental issues.
What Is Environmental Pollution?
The US Environmental Protection Agency (EPA) defines pollution as “any substances in water,
soil, or air that degrades the natural quality of the environment; offends [the senses]; causes a health
hazard; or [impairs] the usefulness of natural resources.”
Put simply, pollution is any substance that causes harm upon entering the environment.
There are many ways to classify pollution, but one common framework distinguishes “point source” –
or pollution that comes from a single identifiable source – from “non-point source,” which is trickier
to pin down.
Smokestacks from power plants emit carbon dioxide and particulate matter. Leakage from gasoline
storage tanks. Discharge pipes at a wastewater treatment plant. A drainage ditch on a feedlot that
seeps into groundwater – These are all examples of point-source pollution.
Nonpoint-source pollution, by contrast, is wider spread, originating from many sources spanning
large areas. For example, agricultural runoff containing fertilizers, pesticides, and particulate matter
from thousands of acres of farmland is considered a non-point source. Urban and suburban runoff
containing oil, grease, pet waste and other hazardous materials is also non-point source pollution.
That said, there are many types of pollution that cause a wide range of environmental problems. The
list that follows offers a glimpse into several of these types.
Section 2 in The Environment (Protection) Act, 1986
2 Definitions. In this Act, unless the context otherwise requires,
(a) ‘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;
(b) ‘environmental pollutant’ means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment;
(c) ’environmental pollution’ means the presence in the environment of any environmental pollutant;

7 Types of Pollution and Their Causes


The main causes of environmental pollution include urbanization and industrialization, agricultural
activities, mining, burning of fossil fuels, plastic and particulate matter. These all contribute to the
following:
1. Air pollution

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Air pollution is caused by harmful gases and aerosols (solids and liquids suspended in the air) that are
released through both natural processes and human activities. Wildfires and volcanoes, for example,
release particulate matter and greenhouse gases into the atmosphere. A majority of air pollution,
however, is generated by human activities, including the burning of fossil fuels like coal, natural gas,
and oil for electricity, transportation, and industry.
Common air pollutants include:
 Particulate matter (dust, dirt, soot, smoke, etc.)
 Direct greenhouse gases such as methane (CH4), carbon dioxide (CO2), and nitrous oxide
(CH4), trap heat in the atmosphere and contribute to climate change.
 Indirect greenhouse gases such as carbon monoxide, sulfur dioxide, and volatile organic
compounds (VOCs), are released during the burning of fossil fuels and biomass (e.g. wood).
These compounds chemically react in the atmosphere to form more dangerous substances that
intensify climate change and harm human health.
Managing air pollutants is possible. For example, a 1987 ban on CFCs (a common pollutant used in
refrigeration) averted the destruction of the ozone layer, which is crucial in protecting the earth from
UV rays and global warming.
Similarly, since the establishment of the Clean Air Act and other laws, stricter regulations have
limited emissions and improved air quality in developed countries such as the United States.
The outsourcing of industry to developing countries, however, has consequently resulted in the
outsourcing of pollution, with the world’s top economies still responsible for millions of pollution
deaths in poorer countries.
2. Water pollution
Water is an important natural resource that is crucial to all life on earth, though only .5% of earth’s
water is fresh, accessible, and drinkable.
Water pollution in the form of microbial pathogens, nutrients, and hazardous substances contaminates
both freshwater and saltwater ecosystems, harming aquatic life and public health.
One notable example of water pollution is nonpoint-source agricultural pollution.  After intense rain
events, agricultural fertilizers, pesticides, and particulate matter from eroded soil can enter streams,
rivers, lakes, bays and even oceans. From here, excess concentrations of nutrients like phosphorous
and nitrogen spur the growth of algal blooms, which deplete the water of oxygen in a process known
as eutrophication. The resulting “fish kills,” “dead zones,” and drinking water crises are common
throughout the United States, from the Great Lakes to the Gulf of Mexico. Agricultural practices that
build soil health and minimize synthetic inputs can actually reduce water pollution.
In addition to agricultural runoff, other sources of water pollution include:
 Industrial waste may include organic compounds, heavy metals, nutrients or radioactive
material.
 Marine dumping (when garbage and other waste products are dumped into the ocean)
 Solid wastes, wastewater, and sewage that escape outdated treatment plants pose a threat to
human health and aquatic ecosystems, introducing hazardous compounds and pathogens into
waterways.
 Oil leaks and oil spills are high-profile examples of water pollution.

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Greenhouse gases can actually affect water quality. The ocean, for example, is a “carbon sink,”
meaning it absorbs CO2 from the atmosphere. This actually acidifies the ocean, making it
inhospitable for certain creatures.
Although water pollution is serious business, it is not without solutions. New efforts focused on
sensitive watersheds aim to limit agricultural pollution through nutrient load limits and waste
management incentives, while laws like the Clean Water Act regulate industrial waste in developed
countries.
Local and national efforts to restore wetlands are underway in many places, which recognize the
importance of wetlands in mitigating the effects of pollution. Wetlands not only trap sediments and
particulate matter, filtering harmful nutrients and chemicals, but also support a wealth of biodiversity.
3. Plastic pollution
Of the 380 million tons of plastic produced per year, some 31 million tons will enter the
environment and around 8 million will enter the ocean.
As they degrade in the environment, plastic bottles and plastic waste becomes “microplastics,” small
particles of plastic that find their way into food chains, soil, rain, snow – even our lungs – in high
levels. A recent study demonstrates that people ingest around a credit card’s worth of microplastics
every week, with yet unknown health effects.
Some scientists speculate chemical toxicity from microplastics might affect pregnancy or cause
cancer. Others fear “nano-plastics” – plastic particles even smaller still – may enter cells and disrupt
cellular activity. Mitigation efforts such as re-cycling only go so far; for example, much of the plastic
that is “re-cycled” is not, in fact, recycled, instead of shipped to developing countries where it re-
enters the environment.
4. Soil contamination
Contaminated soils are common throughout the industrialized world, with the most common
pollutants including agrochemicals, petrochemicals, microplastics, acid rain, and industrial waste.
In some cases, soils are polluted through agricultural practices, including the application of pesticides,
fertilizers, and irrigation water that contain microbial pathogens, heavy metals like cadmium, lead,
mercury and arsenic, and other bio-toxic substances. While some pesticides and herbicides degrade
readily, other agrochemicals are “persistent,” meaning the agrochemical and its by-products linger in
the soil, sometimes up to 10 years.
Other sources of contaminated soil include industrial waste. These may be known
as “brownfields” — areas that require remediation before they are suitable for human use.
When contaminated soil comes in direct contact with humans and wildlife via food or dust, or
indirectly by seeping into drinking water, a number of negative health effects may result depending on
the contaminant, concentration, and exposure.
5. Noise pollution and light pollution
Seemingly harmless compared to plastic, water, and air pollution, noise and light pollution can
damage ecosystems. Often associated with urbanization, noise pollution is defined by the EPA as
“unwanted or disturbing sound” and light pollution as “excessive brightness that causes discomfort.”
Both noise and light pollution can harm human health and wildlife, affecting sleep, decreasing fitness,
and altering behaviour.
6. Radioactive contamination

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When thinking about radioactive contamination, Fukushima or Chernobyl may come to mind.
However, radioactive contamination is more widespread than these isolated incidents, with
possibly 45,000 sites contaminated with radioactive materials across the US, according to the EPA.
Radioactive contaminants are generated by uranium mines, nuclear reactors, and test laboratories,
where they can enter the environment.
For example, uranium mining can release radiation into the soil, at which point rain washes this
material into drinking water. In fact, up to 170 million Americans drink tap water contaminated
with radioactive materials. High levels of exposure to these materials can cause cancer, reproductive
dysfunction, and myriad other health effects.
7. Electromagnetic pollution
Much of the technology we use today — from our cell phones to our laptops to the wi-fi that connects
them — generates an electromagnetic field. At certain frequencies and exposure levels, this energy
can be considered toxic (for example, strong fields have been shown to cause burns). That being
said, the jury’s still out on whether our current exposure to electromagnetic energy is
detrimental to human health and wildlife.

Sources of Pollution:
Another way of classifying pollution is by the sector of human activity that produces it.
Before we look at the various sectors, there is an important distinction to be made about
pollution sources. Sources of pollution can be categorised as point or non-point
sources. Point sources are identifiable points or places that you can easily locate. An
example is a diesel truck that produces visible black exhaust fumes from its tailpipe. Liquid
waste released from a pipe into a river is another example (Figure 7.4). A non-point
source (also known as ‘diffuse pollution’) is one where it is difficult to identify the exact
origin of the pollution. A good example is floodwater that washes all types of waste from the
land (possibly including faecal matter) into a river. In this situation you cannot identify the
individual or household or establishment that has caused the water pollution (Figure 7.5).

1  Domestic sources
Domestic sources of pollution include toilets, latrines and wastewater from kitchens and
bathrooms. If these wastes are properly contained and prevented from getting into the
environment, they will not cause pollution. However, frequently this is not the case. Open
defecation obviously releases human waste into the environment, which can then be washed
into rivers and other surface waters.

 What types of organic waste are produced by a typical household?

Reveal answer

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Solid wastes from households and also from shops, markets and businesses include food
waste, packaging materials and other forms of rubbish. Domestic sources are also responsible
for gaseous pollutants in the form of smoke and carbon dioxide from domestic fires.

2  Industry
Pollution from the industrial sector in Ethiopia has been on the rise, posing a serious problem
to the environment. Many industrial processes produce polluting waste substances that are
discharged to the environment, frequently through chimneys (to the air) or through pipes (to
surface water) (Figure 7.6). Among the most polluting industries are food processing,
tanneries and textiles with processing plants and factories that produce liquid effluents which
are discharged into rivers, often without treatment (Ademe and Alemayehu, 2014; Wosnie
and Wondie, 2014). In practice, rivers frequently receive polluting discharges from many
different sources all at the same time. The Little Akaki River in Addis Ababa, for example, is
polluted by several different industrial sources as well as by domestic wastes (Tegegn, 2012).

3  Agriculture
Like industry, agricultural activities are also increasing in Ethiopia, and changing too.
Nowadays, agricultural activities in Ethiopia use more pesticides and fertilisers. Ethiopia
imports over 3000 tons of various types of pesticides annually (Federal Environment
Protection Authority, 2004). Fertiliser use in Ethiopia has increased from 140,000 metric tons
in the early 1990s to around 650,000 metric tons in 2012 (Rashid et al., 2013). Fertiliser
contains phosphate and nitrate and if these reach water bodies they can cause excessive plant
growth (Figure 7.7).

Agriculture is also responsible for gaseous pollutants in the form of methane produced by
livestock and solid pollutants from crop residues, packaging materials and other wastes
similar to those produced domestically. Animals also contribute to waste products and
potential pollutants with their excrement.

4  Transport
Do you live in a city or have you visited a city close to where you live? If so you will no
doubt be familiar with the variety of vehicles on our roads (Figure 7.8). Some are small cars,
others are heavy motor trucks. These vehicles differ not only in their size, but also by using
different types of fuel such as petrol, diesel, and blended fuel (10% ethanol and petrol). If you
observe the tailpipe of diesel engine vehicles, you will have seen the black exhaust gas
produced. The intensity of the black colour is greater for poorly maintained vehicles, to the
extent sometimes that it makes the air hazy or smoky and causes coughs and eye irritation.
The lack of a policy to remove old vehicles from the roads adds to the problem. Tiwari

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(2012) found that nearly a third of vehicles in Addis Ababa were over 30 years old, resulting
in high levels of tailpipe emissions. Traffic jams, common in all big cities, make the problems
worse.

Ancient and Medieval Writings:


Table of Contents
 Protection of environment in the Indian Tradition and culture
 Protection of environment in Ancient India
 Significance of environment protection in medieval India
 British Era (1800- 1947 AD)-
 Landmark cases for protection of the environment-
The task of protecting the environment and keeping the ecology balanced and unaffected is something
every individual as a student, association or corporation must undertake. Article 51 (A) enshrined in
the Constitution obligates protection of the environment as the fundamental duty as well as social
obligation of every citizen.
In 1972, The United Nations conducted a conference on the Human Environment in Stockholm. India
was also a party to this conference and in its agenda included preservation of quality of air, water and
measures to lessen the pollution in the country.
Well, the matter of preservation and protection of the environment is not only confined to the
contemporary India but also goes way back in history proving its significance.
Protection of environment in the Indian Tradition and culture
India has always had a rich ancient tradition of protecting the environment which in turn, has made
the people of India worship and embrace nature in every way possible. Trees, water, animals, land
have an important mention in ancient Indian texts. Indian texts such as the Arthashastra, Sathapatha
Bhramanas, Vedas, Manusmriti, Ramayana, Mahabharata etc. enable us to understand the concepts of
environment conservation and maintaining forest ecology; also hymns in the four Vedas, Rigveda,
Yajurveda, Samaveda, and Atharvaveda, reveal full cognizance of the undesirable effects of climate
change, distortion in ecological balance, and environmental degradation; and appropriately caution
against them.
Bhagavata Gita Purana writes
‘According to the different modes of material nature the mode of goodness, the mode of passion and
the mode of darkness — there are different living creatures, who are known as demigods, human
beings and hellish living entities. O King, even a particular mode of nature, being mixed with the
other two, is divided into three, and thus each kind of living creature is influenced by the other modes
and acquires its habits also’.
According to Amma, there is an inseparable bond between man and nature. For man, there cannot be
an existence removed from nature.
Letting alone Hinduism, diverse traditions and religions existing in India look up to environment and
its preservation as an ultimate goal. Various literary texts caution us against environmental
degradation and endorse us ensuring effective sustainability. 

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In Quran, reference is made regarding the environment which says- “Do not make mischief on the
earth”
Christians baptize a new born child in the water, which denotes ‘purification from original sins’.
In Buddhism, Buddha, being an aficionado of nature have stated that trees provide shade and shelter
and hence, are too sacrosanct to be exploited.
According to Lord Mahavira-
“To kill or to hurt any living being amounts to killing or hurting oneself. The compassion of others is
compassion to one’s own self.”
This allows us to fathom that the reflection of nature is deeply rooted in ancient Indian tradition.
We hereby can infer that almost all the religions as well as ancient texts have an ingrained nature of
environmental overtones which was to observe conduct towards nature and its creations.
Protection of environment in Ancient India
The ancient people, though didn’t study the importance of environment and ecology in books or
journals like we do but were well conscious of its basic principles and significance. They believed that
the protection of Mother Nature is a moral responsibility of their own and hereby, should essentially
preserve nature as much as possible without having a toll on it for the satisfaction of their needs.
Indus valley civilization, popularly known as Harappan civilization which flourished around 5000
years ago, archaeologically makes us believe to have perceived environment as a primary concern.
They also believed in hygiene and sanitation, waste management which lets us infer their cautiousness
about the protection of environment evident from their constructions of public baths, bathrooms,
waste disposal, underground drainage system, etc.
Vedic culture (1500- 500 BC) emphasises on protection and cleaning of the environment but we
cannot wholly allude to this perspective as it is also believed that , people in Indus Valley who
practised agriculture were highly dependent on irrigation and overseas trade, which would only be
possible because of the rain fed soil and easy access to sea. The reduction of forests was because of
the usage of immense amount of timber-wood for burning bricks. Less occurrence of rainfall, soil
erosion, lack of dams are most likely to be the prime factors which led to the downfall of this
civilisation.
In Hindu literature, Charak Samhita (Medical book originated in 900 BC) instructs the readers on the
importance of maintaining and drinking pure water. Arthashastra prescribes various punishments for
cutting trees, damaging environment, killing of animals which were not only bound to common
citizens and masses but also to the kings and the leaders.
Manusmriti, the most authoritative among all the books of the Hindu code in India contain the earliest
messages for preservation of environment and ecological balance. The highness says that – Injuring
medicinal plants, cutting down shrubs, herbs, etc. should be followed by penance. Manusmriti further
suggests that – One shouldn’t hurt or cause injury to other creature even in the time of distress; which
we can assign to environment as well.
Vishnu Purana and Matsya Purana establish the fact that –
If the society fails to maintain ecological balance, it will get devastated. Hunting too is prohibited.
Varah Purana says that- Planting one peepal, one neem, ten flowering plants or creepers, two
pomegranates, two oranges, five mangoes protect from falling in hell.

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Puranas however, believe that the trees and nature have their origin from God and it is vital to
maintain our ecosystem, our planet, our wellbeing.
Let me recall a very famous Shloka of the Panchatantra.
‘Vŗkshamschitvā pasun hatvā kŗtvā
Rudhira kurdamam
Yaddeva gamyate svargam narakam kena
Gamayate?ˮ
Translated as- By cutting the trees and killing the animals, if someone aspires to go to the heaven,
which is the way to hell?
However, it is palpable that the matter of environment and its protection was an important matter in
the ancient times as it is today. We have seen how the ancient Indian scholars were concerned about
the balance of the environment although, then, there were no questions of chemical industries, global
warming, deforestation as it is today thus, making the preservation of the nature hardly arduous.
Significance of environment protection in medieval India
We don’t really look up to the medieval period of India when it comes to environment protection.
This period, mainly dominated by the Mughals and Muslim rulers considered forests no more than the
grassland they could hunt. Rulers as well as the masses were more intrigued in war and tended to
serve people than to serve mother Earth. No worthy jurisprudence of environmental protection has
been testified in this period except in the rule of Emperor Akbar. Also, the account of Babar
(Babarnama) gives a detailed description of the flaura and founa existed in a very systematic manner.
There’s a mention of different types of exotic and endangered animals, birds, trees, which enable us to
label him as a keen researcher and a fine observer. The renowned emperor Jahangir patronized a large
number of artists to whom he ordered to portray the animals and birds. Foremost, among these artists
was Mansur who painted the flora of Kashmir in great detail. Jahangir is responsible for the
construction of some the finest gardens in Mughal India but this shouldn’t let us have a spurious
belief about their concern about protection of the environment as it was just for matter of leisure and
mere curiosity about nature.
Barring ‘royal trees’ which enjoyed patronage from being cut by imposing a fine, there were no other
restrictions on cutting down the trees. The right to hunting wild animals such as tigers, lions, etc. was
only restricted to the members of royal families. This, in the long run, may have helped to preserve
them. Therefore, it’s comprehensive enough for us to infer that during this period, forests and wildlife
shrank steadily in size as there were no definite policies for their protection.
Today, we have been paying their dues and also it’s the need of the hour as the technology, industries,
pollution have very much emerged taking a big toll on the environment.
British Era (1800- 1947 AD)-
British arrived in India at 1600 with the mission of trading goods from India but, after seeing the
immense amount of natural resources and plunders of opportunity to exploit the resources present
here, they changed their game plan and decided to accomplish their aim of exploiting natural
resources in India. The early days of British India witnessed abundance of natural resources and they
exploited the contemporary India by the policy of imperialism. After Mughals, the Britishers played
an utmost role in devastating the natural wholesomeness of India. Their destructive energy was
intense enough to convert a forest into a desert. Britishers also worked towards denudation of forests
as they were of the view that agriculture and forests are a hindrance to the prosperity of their Empire.

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As the time passed, over exploitation of these resources led to their scarcity which in turn, exhorted
them to undertake measures to guard them. The new environmental policies served in turn to support
British imperialism in India.
Thus, environmentalism and imperialism have a shared past, and the newly protected forests marked a
symbiotic alliance of environmental concern with expansion of state power in India.
Various laws and policies enacted by the government help to better the conditions to some extent but
there’s more to be done. To do the needful, the Indian Judiciary, has proved to be a beacon light for
the betterment of our Mother Earth by protecting it and interpreting the constitution in a positive
manner.
Landmark cases for protection of the environment-
M.C. Mehta v. Union Of India (Gas Leak in Shriram Factory); Supreme court of India
In 1984, there was a leakage of poisonous gas (methyl isocynate) from Union Carbide Corporation
India Limited, Bhopal in Madhya Pradesh. This incident is termed as the “World’s worst industrial
disaster” as it claimed the lives of more than 2000 people and about 6 lakh people suffering from
serious health disorders ; breathing as well as cardiac complications. While the judgement of this case
was pending in the court, another gas incident followed which took place in Shri Ram foods and
fertilizers Industries in 1985. This incident hazardously affected several lives as well.
M.C. Mehta, a legal practitioner filed a ‘public interest litigation’ under article 32 of the constitution.
The Supreme Court judge, P.N. Bhagwati, keeping in mind the egregious one-year old Bhopal
tragedy, evolved a new rule ‘Absolute Liability’ in preference to the Strict Liability of 1868. The
court held that the ‘absolute liability’ of the manufacturer to provide compensation to the victims and
all those who are affected was introduced in this case. The court further directed to set up an
Environmental committee to discuss upon the matters related to the environment. Pursuant upon these
recommendations, the Government of India passed National Environment tribunal act, 1955 to deal
with cases basing on environment pollution.
Subhash Kumar v. State of Bihar and ORS; Supreme Court of India-
This matter is related to the prevention of the pollution of water of the river Bokaro from the
discharge of sludge/slurry from Tata Iron and Steel Co. Ltd. The petitioner alleged that the enaction of
Water (Prevention and control of pollution) Act, 1978 is meant for maintaining the wholesomeness of
the water and its prevention from pollution, and the State of Bihar, failing to take any actions against
the company, granted a lease of the payment of royalty for collection of slurry to various persons.
To this, the apex court decided that the right to accessing pollution free water and air is a fundamental
right incorporated under article 21.
However, the case was later on dismissed due to absence of good and reasonable contentions from the
petitioner’s side confirming that the water of Bokaro River has been polluted by discharge from the
company because on the other hand, the bench found out that effective steps have been taken by the
State Pollution Control Board.
Samir Mehta v. Union of India and ORS; National Green Tribunal-
The petitioner, an environmentalist filed an application regarding the damage caused by sinking of a
ship carrying fuel oil, coal, diesel hereby, creating a thick layer on the surface of the ocean,
detrimental to marine ecosystem. The tribunal noticed the negligence as this case also posed various
public questions and is a significant one in jurisprudence of environment. The court thereby,
reaffirmed the ‘Precautionary principle’ and ‘Polluter pays principle’ and also recognised Right to

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clean environment as the fundamental right in Article 21 of the constitution which guarantees right to
life and personal liberty.
Needless to say, Judiciary has played a vital role in protection of the environment.
Furthermore, there are ample of Indian Acts which provide for the issue of quality of environment viz.
Air( Prevention and control of pollution) Act, 1981 ; Environment( protection) Act, 1986 and also in
this regard various significant initiatives have been undertaken by the Government such as Green
House Gas Protocol, Green Energy Project, Paris agreement and many more.
I would like to conclude by saying that today, the environmental problems in our country are over
increasing. The economic development, growing population have imparted us negligence when it
comes to environment and it is very necessary that we address these issues before they become filthy
and in turn submerge our already fragile relations with nature. The world has become a global village
– an efficiently information oriented but environmentally value deficient society and a keen observer
cannot deny the fact that humans, over past years of development have detached themselves from
nature, the concern starting amid the medieval period. It is fair and true to believe that foreign
invasions, religious systems, modernisation have had great impact on us hereby changing our believe
systems as well. Needless to say, the modern society is rational, believes in logic and science, and the
circumstances have forced humans to detach themselves from nature as well as spirituality. Now, it is
high time that we should understand the value of nature and the references of ancient and medieval
India on the protection of the existence of humankind.

Environmental Jurisprudence:
The causes of environmental problems are manifold. Some of them are a direct result of unfavourable
negative impacts of various developmental activities while some arise due to lack of development
itself. These maybe at the global level such as global warming and climate change, at local level due
to failure of environmental safeguards and their implementation in projects which lead to pollution
(air, water, noise etc).
“The Supreme Court has held that the right to life as enshrined in Article 21 means something more
than survival or animal existence and would include the right to live with human dignity. It would
include the right to minimum subsistence allowance during suspension and all those aspects which go
to make a man’s life meaningful, complete and worth living.”(Ref. Basu D.D)
This has been asserted time and again by the judiciary. The right to environment is thus enshrined in
the basic framework of law of each and every country; various laws and checks have been put in place
however either by way of local laws or international treaties to guarantee a clean environment to the
people. Every person must have a basic understanding of the rights and laws to which he is entitled
without which he will never succeed in the pursuit of happiness.
History of Environmental Conservation
1. Indus Valley Civilization- No direct evidence of environmental conservation measures but the
people of Harappa did not ignore the environment completely. This is evident through the
planned cities with uniform urban planning, carefully executed layout, water supply &
drainage etc.
2. Aryans- Mentioned in religious scriptures; numerous mantras in Vedas are in the form of
prayers for the environment- ‘Prayers for peace in universe and says that the earth should be
peaceful, herbs should be peaceful, vegetation should be peaceful, in fact he prays that peace
should also be peaceful.’ 

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3. Mauryan period- Regular and independent Forest Department at the time of Chandragupta
Maurya; it also find mention in Kautilya’s arthashastra; Wildlife sanctuaries & protection find
mention; the hierarchy was as follows: (1) Pashuvan (Game Forest), (2) Mrigvan (Deer
Forest), (3) Dravyavan (Productive Forest), (4) Hastivan (Elephant Forest)
4. Gupta Period- The Gupta Kings were also concerned about the state of forests and wildlife.
5. Many acts were promulgated from 1897 onwards such as the Indian Fisheries act, Bengal &
Bombay Smoke Nuisance Acts, AP Agri, Pest & Diseases Act, The Factories Act, and Orissa
River Pollution & Prevention Act.
6. 1900-47- Severe and unheeded exploitation of natural resources without much consideration
of ecological consequences.
7. 1947- 1970- The priority was industrial development and Environment was not the major
concern; National Parks & Wildlife Sanctuaries were set up but with a bias towards timber
yield & revenue generation; private forest under govt. control.
8. 1970 and thereafter- It marked the beginning of environmental movement and various
legislations were drafted for the protection of the environment; several international treaties
and legislations also came into being to stress on the need to protect the environment. Some
of these were -The Stockholm Conference, 1972; The Water (Prevention and Control of
Pollution) Act, 1974; The Forest (Conservation) Act,          1980; The Air (Prevention and
Control of Pollution) Act, 1981; Establishment of Ministry of Environment & Forests; The
Environment (Protection) Act, 1986; The Rio Conference, 1992; Convention on Biodiversity
(CBD); Basal Convention on the Transboundary Movement of Hazardous Wastes; Ramsar
Convention on Wetlands of International importance; National Environment Policy 2006;
Environmental Impact Assessment Notification 2006.

Hierarchy of Environmental Jurisprudence in India

In India, there are several structures right from the Constitution that help in protecting the
environment. These hierarchical levels are explained in the pyramid.
The legislative framework is provided by the following acts and laws

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1. Constitutional provisions
2. General laws – IPC, CrPC
3. Special acts – more than 300 acts such as IFA, WPA, EPA, Air Act, Water Act, FCA, the
Public Liability Insurance Act, the National Environmental Tribunal Act, the National
Environmental Appellate Authority Act, National Green Tribunal 2009
4. Policies – National Environment Policy 2006, National Forest Policy, National Agriculture
Policy
 Administrative framework consists of the various enforcement agencies such as
1. MoEF-  nodal ministry for environment which sets environmental standards
2. Several enforcement agencies – Central Pollution Control Board, National River
Conservation Authority, National Afforestation & Eco Development Board, Department of
Wasteland Development
The National Green Tribunal Bill: Will decide all cases where a substantial portion relates to
environment, conservation of forest and natural resources.It will have four circuit benches and will
consist of a Chairperson, Judicial and Expert members.  It will apply principles of sustainability,
precautionary principle and polluter pays principle. Penalty can be 3 yrs of jail or fine of up to Rs.10
crores (Rs. 25 crores in case of company) or both with additional fine of Rs. 25,000 for every day.
India becomes the third nation after Australia and New Zealand to have such specialized benches.
The Constitution is full of various provisions that serve as a bedrock for framing the environmental
laws and policies for India. The 42nd amendment in particular was the first instance which highlighted
the importance of environment. The provisions are in the form of;
Fundamental Rights (Arts. 21, 32 & 226)
 Article 21- ‘’ No person shall be deprived of his life or personal liberty except according to
procedure established by law.’’ As already discussed, it also includes the right to
environment, most of the PIL’s are due to this interpretation of Article 21.
 Article 32 & 226- Right to Constitutional remedies.
Directive Principles of the State Policy (Arts. 47, 48A & 49)
 Article 47: The State shall endeavour to raise the level of nutrition and standard of living and
to improve public health.
 Article 48A: To protect and improve the natural environment and to safeguards forests and
wildlife.
 Article 49- To protect and maintain places of artistic and historic interest.
Fundamental Duties (Art. 51A(g))
 To protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures

Some important court petitions and judgements

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In the case of M.C. Mehta vs. Union of India (AIR 1987 SC 1086), Ganga Tanneries Case, the
S.C. by further extending the scope of Article 21 held that the enterprise is strictly and absolutely
liable to compensate – no exception…

In the Oleum Leak case 1985, a Writ Petition by


Shri. M.C.Mehta in 1985 sought directions from the Hon’ble Court that various units of Shriram
Industries were hazardous to the community and therefore be directed to closed; Judgment on
17.2.1986; Before that a leakage of Oleum gas in Dec 1985; Claim for compensation for victims;
Issues raised involved substantial question of law relating to the interpretation of Article 21 and 32….
The Judgement-
            “… where there is a violation of a fundamental or other legal right of a person or class of
persons who by reason of poverty or disability or socially or economically disadvantaged position
cannot approach a Court of Law for justice, it would be open to any public spirited individual or
social action group to bring an action for vindication of the fundamental or other legal right of such
individual or class of individuals and this can be done not only by filing a regular writ petition but
also by addressing a letter to the court”.
            “… Article 32 does not merely confer power on this Court to issue direction, order or writ for
enforcement of the fundamental rights but it also lays a constitutional obligation on this Court to
protect the fundamental rights of the people particularly in the case of poor and the disadvantaged
who are denied their basic human rights and to whom freedom and liberty have no meaning”
In L.K. Koolwal vs. State Of Rajasthan and Ors. 1986, petition for the problem of sanitation in
Jaipur city.
the judgement-  “…..Article 51A gives a right to the citizen to move the Court for the enforcement of
the duty cast on State, instrumentalities, agencies, departments, local bodies and statutory authorities
created under the particular law of the State. It provides particularly under Clause (g) that the State
and its instrumentalities and agencies should strive to protect and prove the natural environment….”
“…Mr. Koolwal has approached this Court in exercise of rights vested in him under Article 51A,
though it is said to be a duty, that the Court should issue directions against the respondents to
implement the law, the Municipal Law and to perform the obligatory duties cast on the State.
Maintenance of health, preservation of the sanitation and environment falls within the purview of
Article 21 of the Constitution as it adversely affects the life of the citizen and it amounts to slow
poisoning and reducing the life of the citizen because of the hazards created, if not checked….”

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“….In the result, I accept the writ petition and hereby direct the Municipality to remove the dirt, filth
etc. within a period of six months and clean the entire Jaipur City and particularly in relation to the
areas mentioned in the list submitted by the petitioner with this writ petition….”
“….Municipality cannot say that because of the paucity of fund or because of paucity of staff they are
not in a position to perform the primary duties. If the Legislature or the State Govt. feels that the law
enacted by them cannot be implemented then the Legislature has liberty to scrap it, but the law which
remains on the statutory books will have to be implemented, particularly when it relates to primary
duty….”
M. C Mehta v State of Orissa AIR 1992, writ petition to prevent pollution from sewage by SCB
Medical College, Cuttack and Municipal Committee Cuttackwhich was causing health problems for
citizens.
The Judgement-
“…The Indian Constitution, in the 42nd Amendment, has laid the foundation in Articles 48A and 51A
for a jurisprudence of environmental protection. Today, the State and the citizens are under a
fundamental obligation to protect and improve the environment, including forests, lakes, rivers,
wildlife and to have compassion for living creatures…”
“…If there is necessity and desirability of having Sewage Treatment Plant or Plants, the same be set
up without further delay. The Storm Water Drain may be operated in such a manner as to prevent
entry of sewage water through it to the rivers. The exercises indicated by us and such other decisions
and exercises as may be necessary to prevent pollution of water may be taken within one year from
today…”
Some other noteworthy cases
 B. L Wadhera vs. Union of India AIR 1996 SC 2969
 Municipal Council Ratlam vs. Vardhichand and ors. AIR 1980 SC 1622
 Bangalore Medical Trust vs. B. S Muddappa AIR 1991 SC 1902
 Rampal vs. State of Rajasthan AIR 1981 Raj. 121
 Indian Council for Enviro-Legal Action vs. Union of India AIR 1996 SC 1446
 M. C Mehta vs. Union of India AIR 1997 SC 734 (Taj Trapezium case)
 Subhash Kumar vs. State of Bihar AIR 1991 SC 420
 Centre for Environmental Law (WWF) – India v. Union of India ; WP No 337 of 1995
Central and state acts for the protection of the environment are:

Central Acts State Acts

The Shore Nuisance (Bombay and Cobalt) Act, Orissa River Pollution Prevention Act,
1853The Orient Gas Company Act, 1857The 1953Maharashtra Prevention of Water
Indian Penal Code, 1860The Police Act, Pollution, 1969The Bengal Smoke Nuisance
1861The Cattle Trespass Act, 1871The Act, 1905The Bombay Smoke Nuisance Act,
Northern Indian  Canal and Drainage Act, 1912The Gujarat Smoke Nuisance Act,
1873The Obstruction in Fairways Act, 1963The Mysore Destructive Insects and Pests
1881The Indian Easements Act, 1882The Act, 1917The Andhra Pradesh Agricultural
Pests and Disease Act, 1919The Assam

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Indian Forest Act, 1897 Agricultural Pests and Disease Act, 1954The
U.P. Agricultural Disease and Pests Act, 1954
The Indian Fisheries Act, 1897
The Kerala Agricultural Pests and Disease Act,
The Explosive Act, 1908
1958
The Indian Port Act, 1908
The Andhra Pradesh Improvement Scheme 
The Indian Steam Vessels Act, 1917 Act, 1949

The Poison Act 1919 The Acquisition of Land and Flood Control and
Prevention of Erosion Act, 1955
The Indian Boilers Act, 1923
The Delhi Restriction of Uses of Land Act,
The Indian Forest Act, 1927 1964
The Petroleum Act, 1934 The Bihar Waste Lands (Reclamation,
The Inflammable Substances Act, 1942 Cultivation and Improvement) Act, 1974

The Mines and Minerals (Regulation and  


Development) Act, 1947
The Factories Act, 1948
The Atomic Energy Act, 1969
The Merchant Shipping (Amendment) Act
The Radiation Protection Rules, 1971
The Wildlife (Protection) Act, 1972
The Code of Criminal Procedure, 1973
The Water (Prevention and Control of
Pollution) Act, 1974
The Water (Prevention and Control of
Pollution) Rules, 1975
The Territorial Waters and Maritime Zone Act,
1976
The Water (Prevention and Control of
Pollution) Cess Act, 1977
The Water (Prevention and Control of Pollution
Amendment) Act, 1978
The Indian Forest Act, 1978
The Water Supply and Swage Corporation Act,
1979
The Forest Conservation Act, 1980
The Air (Prevention and Control of Pollution)
Act, 1981
The Water (Prevention and Control of

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Pollution) Amendment Act, 1983
The Merchant Shipping (Amendment) Act,
1983
The Environment (Protection) Act, 1986
The Environment (Protection) Rules, 1986
The Air (Prevention and  Control of Pollution)
Amendment Act, 1987
The Motor Vehicles Act, 1988
The Public Liability Insurance Act, 1991
The National Environment Tribunal Act, 1995
The National Environment Appellate Authority
Act, 1997
The Wild Life (Protection) Amendment Act,
2002
The Biodiversity Act 2002
The Water (Prevention and Control of
Pollution) Cess (Amendment) Act, 2003

National Environmental Policy:


Introduction
A rapidly expanding society like ours faces numerous political, social, economic, cultural, and
environmental challenges. Every such challenge or complication is in some way or the other related to
our habits, customs, and patterns of habitation. Such routine styles evidently have a direct or indirect
impact on the environment. Therefore, it becomes mandatory to have thorough periodical checks on
this blanket of protection that has helped mankind to thrive since time immemorial.
For this purpose, many national policies to manage the environment have been devised which
includes:
1. National Forest Policy of 1988
2. National Conservation Strategy and Policy Statement on Environment and Development,
1992
3. Policy Statement on Abatement of Pollution, 1992
4. National Agriculture Policy, 2000

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5. National Population Policy, 2000
6. National Water Policy, 2000
All of these policies have worked out strategies and plans to resolve the specific issue in which
context they were formulated. However, certain underlying factors and gaps still needed to be filled to
achieve a comprehensive plan for environmental management.
The National Environment Policy of 2006 was framed in this regard to extend the coverage of such
already existing policies. It does not displace, but rather builds on the earlier policies. It is an
acknowledgement of India’s commitment to a clean and safe environment mandated in Articles
48A and 51A(g) of the Indian Constitution substantiated by judicial interpretation of Article 21. It
calls for mutual cooperation between states and their citizens towards maintaining and upgrading the
quality of the environment.

Objectives of this Policy 


The fundamental objectives of the National Environment Policy are listed below. These objectives
outline the contemporaneous perception of the environmental challenges of the time.
1. Conservation of Critical Environmental Resources: It involves protecting and conserving
crucial ecological systems and resources along with vital natural and human-made heritage.
These are essential for livelihoods, economic growth, and the well being of man.
2. Intra-generational Equity: It includes securing equitable access of environmental resources
to different sections of society with a specific focus on low-income groups which are mostly
reliant on environmental resources for livelihoods.
3. Inter-generational Equity: It aims at wise and judicious use of environmental resources to
meet the demands and needs of the current generation without compromising with the
aspirations and needs of the future generations.
4. Integration of Economic and Social development Environmental concerns: It focuses on
integrating environmental concerns into effective plans, programs, projects, and policies for
socio-economic progress.
5. Efficient use of Environmental Resource: It involves ensuring efficient use of
environmental resources to reduce their use per unit of economic output, in order to reduce
negative ecological impacts.
6. Environmental Governance: It means applying the fundamental principles of good
governance to manage and regulate the use of environmental resources.
7. Enhancement of Resources for Environmental Conservation: It aims at partnering with
various local communities, public agencies, investors, researchers, and academic groups to
ensure higher resource flows, including finance, technology, management skills, traditional
knowledge for environmental protection.

Major environmental challenges 


The main environmental challenges that India faces is due to the interconnection between
environmental deterioration with poverty. The state of natural resources like flora, fauna, land, water,
air form an essential part of these challenges posed.
 It could be said, undeniably, that environmental degradation is a prime factor of perpetual
poverty and the worst affected are often the rural poor as such degradations have a direct

19
impact on soil fertility, water, air quality, wildlife, and fisheries. The loss of resilience in the
ecosystem pushes the poor more to vulnerability.
 In the urban sector, environmental degradation is often caused due to inappropriate waste
treatment, lack of sanitation, industrial pollution which directly affects the quality of air,
water, and soil which, in turn, causes serious health implications amongst the urban
population. Consequently, it reduces their capacity to seek and retain employment, teach or
attend schools, and foster gender inequalities, all of which perpetuate poverty. Moreover, it is
estimated that 20 percent of diseases caused in India are due to ecological factors.
 The increasing focus of developing and developed nations on economic growth has
accelerated environmental degradation due to the unchecked use of natural resources to meet
their aim and growing demands of the population. Unsustainable consumption patterns add to
the aggravated condition of both- local and global life.
 Government policy failures which provide incentives for indiscriminate and excessive use of
natural resources coupled with institutional failures regarding insufficient enforced rights of
access to, and use of, natural resources have depleted the environment further.
 Another challenge is the emerging global environmental issues such as   Climate change,
ozone depletion, loss of biodiversity, etc. Multilateral programs and plans devised to meet
such global challenges might negatively impact the development opportunities of developing
nations.

Principles 
The National Environment Policy has originated from the concept that only such developments are
sustainable which value ecological restrictions and the essence of justice. The objectives of this policy
are to be realized through joint partnerships, effective local legislation, strategic interventions by
different public bodies. The principles of the policy are formulated to guide such actors in relation to
this policy. They are enumerated as below:
 Centre for Sustainable Development Concern are Human Beings
Every human being is entitled to a safe and healthy environment that not only sustains them but also
the generations to come. The development of the environment should be done in a way to fulfil
contemporary demand as well as that of posterity. Human beings, therefore deserve a healthy life in
harmony with nature.
 Right to Development
The right to development must be given equitably to meet the developmental and environmental
needs of present and future generations. The way human beings have used the environment
indiscriminately and without accountability, the same they should be given a full-fledged opportunity
to mend all the wrongs done to the environment.
 Development is synonymous with Environmental Protection
Environmental protection should always be viewed in the light of development as it is an integral part
of it. Society can only prosper if both are considered together and not in isolation from each other. A
society can only develop in a true sense if environmental considerations are taken note of before
taking any major steps.
 A Precautionary method

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There are many pre-existing threats to the environment that are serious and irreversible. At any cost,
such challenges could not be ignored. Effective implementation of robust policies to save
environmental degradation is the need of time.
 Economic efficiency
This Principle requires that the services of environmental resources be given economic value, and
such value to count equally with the economic values of other goods and services, in an analysis of
alternative courses of action.
 Entities with incomparable values
“Incomparable” values entities are those who possess a significant risk to human health, life, and
environment. In such instances, individuals or societies would not risk anything for compensation in
money or goods by these entities. Such entities would have priority in the allocation of societal
resources for their conservation without consideration of direct or immediate economic benefit.
 Principle of equity
Equity in the context of this policy means both – equity in entitlements to, and participation of the
public in decision-making processes regarding the use and overuse of environmental resources. The
principle of justice requires human beings to be treated the same, neglecting any irrelevant differences
between them.
 Legal liability
Environmental redressal mechanisms built on the doctrines of criminal liability have been proven
unsuccessful and inefficient. Therefore, civil liability for environmental damage was needed. It would
restrict any environmentally harmful activity and compensate, in the case of any harm done. This
could be seen in the doctrine of “polluter pays” itself.
Moreover, the following approaches to civil liability may apply:
(a)   Fault Based  Liability
It is based on the principle that a party who breaches any pre-existing legal duty imposed upon it
would be liable to pay or compensate for the harm so done.
(b)  No fault-based Liability/Strict Liability
It imposes an obligation to compensate the victim for any harm done arising from failures of the other
party which may not necessarily involve any breach of law or duty to care.
 Doctrine of Public Trust
The state is merely a trustee of natural resources not an absolute owner of it. The environmental
resources of a nation are meant for public use and enjoyment, subject to certain necessary and
reasonable conditions that are required in the national interest.
 Decentralization
Decentralization means transferring power from Central authority to a different state and Local
Authorities. This is needed so that a particular level wherein an environmental issue is pertinent could
be adequately and timely addressed.
 Integration
Integration means including significant environmental considerations in the policy-making process,
policy research on integrated natural and social sciences related to the environment, merging or

21
coming together of different Central, State, or Local bodies tasked with the implementation of
environmental strategies and policies.
 Environmental standard setting
Environmental standards applied in one socio-economic scenario might not be relevant if applied to
another society. Therefore, setting up the right environmental standard would include various
considerations like human health risks involved, risks to other environmental entities, cost of
compliance, technical feasibility, etc.
 Preventive action
Preventive action is necessary to prevent any environmental damage in the first place rather than
restoring degraded environmental resources.
 Environmental offsetting
It is an obligation upon human beings to safeguard endangered species and natural systems that are of
significance to the ecosystem. And if for any reason such protections cannot be guaranteed in a case,
cost-effective offsetting measures should be taken by the proponents of such activity, to restore the
loss of environmental services to the general or specific public.

Strategies and actions 


The strategies to be adopted for the conservation of environmental resources in India are enumerated
below.
1. Land degradation
The following strategy to reduce land degradation in India is to be adopted:
1. Encouraging the adoption of science and technology along with traditional land-use practices
that are sustainable through research, surveys, and development works.
2. Explore /pilot-scale demonstration and impart relevant farmer’s training.
3. Encourage reclamation of wasteland and deteriorated forest lands through formulating
strategies and adopting multi-stakeholder partnerships with local communities, investors,
public bodies and land-owning agencies, etc.
4. To prevent and reduce the desertification of land through numerous action plans.
2. Forests
The following steps are to be taken for conservation of forests:
(i) Formulating an innovative strategy to increase forest and tree cover area from the present level of
23 percent to 33 percent by 2012. This aim is to be achieved through afforestation of degraded forest
lands, wastelands and tree cover on private and revenue lands.
The strategy would include the following key elements:
1. Implementing multi-stakeholder partnerships which will involve the forest department, local
communities, and investors with clearly defined responsibilities and entitlements for every
partner, following principles of good governance, deriving environmental livelihood, and
financial benefits.
2. Rationalizing restrictions on the cultivation of forest species outside notified forest areas.

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3. Facilitating farmers to uptake social and farm forestry wherein returns are more favourable
than cropping.
4. Universalizing the Joint Forestry Management System all over the country
5. Formulation of an appropriate and efficient methodology for restoring and reckoning
environmental values.
6. Giving due legal recognition to traditional rights of tribes and communities dwelling in the
forest along with providing them long-term incentives to conserve the forest area.
3. Wildlife
For wildlife conservation, the following steps are to be pursued:
(i) Expansion of the Protected Area Network of the country. It should be ensured that the overall area
of the Protected Area Network in every biogeographic zone should increase in the process.
(ii) Encouragement for multi-stakeholder partnerships for afforestation of land along with the
formulation of similar partnerships for the development of wildlife.
(iii) Encouragement and development of ecotourism to different wildlife sites.
(iv) Implementation of measures for captive breeding and protecting identified endangered species of
the wild.
4. Biodiversity
The following measures are to be taken to protect biodiversity at the national level:
(i) Protection and conservation of biodiversity hotspots.
(ii) Paying larger attention to developmental projects aiming on biodiversity resources and natural
heritage.
(iii) Preserving genetic material of threatened species of flora and fauna.
(iv) Conferring and giving due recognition to intellectual property rights for traditional knowledge.
5. Wetlands
Natural or man-made wetlands provide many ecological benefits. They give habitat to the aquatic
flora and fauna and maintain the ecosystem of the place. However, with the passage of time these
wetlands have been a victim of excessive pollution with the constant threat of drainage and
conversion for agriculture and human settlements.
Therefore, it became mandatory to protect wetlands from such dangers through some actions plans
which include;
(i) Setting up a legal regulatory mechanism for identifying valuable wetlands in order to protect them
from degradation.
(ii) Formulating and implementing tourism strategies that are sustainable for recognized wetlands
through partnerships involving public agencies and local communities.
(iii) Taking explicit account of the impact of big developmental projects on wetlands when such
projects are brought into action.
6. Conserving man-made heritage

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Man-made heritage is at the core of the national identity of India. It is symbolic of pre-historic socio-
cultural ways of people. It also adds to the economic value and livelihood of people. The following
plans are devised for their sustainable use :
(i) Setting up ambient environmental standards with strict checks on air quality and taking into
account its probable impact on designated heritage sites.
(ii) Drawing up integrated regional development plans with the active participation of the local
community with respect to proper waste management.
(iii) The impact of developing projects on designated heritage sites must be considered at an early
stage.
7. Environmentally sensitive zones
Environmentally sensitive zones are areas that are identified with environmental resources of great
values and which are in dire need of special care and attention for their preservation. In order to
protect these resources without impeding legitimate socio-economic development of these areas, the
following actions are to be taken:
(i) Identifying and giving legal status to Environmentally Sensitive Zones of the country.
(ii) Formulating area development plans for these zones with the help of scientific data and adequate
participation of local communities.
(iii) Creating local institutions for the purpose of managing the environment of these areas.
8. Sustainable mountain development
The ecosystem of mountains plays a significant role in providing forest cover, ensuring the flow of
perennial rivers, conserving genetic diversity, providing food, and livelihood to the inhabitants and
promoting sustainable tourism.
However, adverse human activities have led to the deterioration of the ecosystem of mountains by
way of despoiling of landscapes, loss of genetic diversity, submergence of river valleys, deforestation,
the retreat of glaciers, etc.
In light of such circumstances, the following action plan for sustainable mountain development is to
be taken up:
(i) Adoption of best practice norms for infrastructure construction in mountainous regions in order to
reduce damage to sensitive ecosystems and despoiling landscapes.
(ii) Encouragement of horticulture and cultivation of traditional varieties of crops through organic
farming.
(iii) Promotion of sustainable tourism by adopting practices and norms best suited for tourism
facilities.
(iv) Development of strategies for specific mountain capes keeping in mind different factors related to
it.
9. Strategy for sustainable coastal resources
The coastal environment provides many marine species with habitat. This habitat, in turn, comprises a
resource base for fisherfolk, acts as a resource base for sustainable tourism, urban livelihoods, and
agriculture, and provides protection from extreme weather conditions.

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However, in recent times due to poorly planned human settlements, pollution from industries and such
settlements, improper location of mega industries, significant degradation of coastal resources have
been witnessed.
Due to such unfortunate circumstances, the following measures are to be taken:
(i) Mainstreaming sustainable management of mangroves into the forestry sector regulatory regime
and ensuring that they provide continuous livelihoods to local communities.
(ii) Disseminating known techniques in the process of regeneration of coral reefs and support
activities which are based on the application of such techniques.
(iii) Embodying considerations of the rising sea-level in coastal management plans.
(iv) Formulating and developing specific projects consistent with the Integrated Coastal Zone
Management (ICZM) and Coastal Regulation Zone (CRZ) which aims at ensuring the protection of
the coastal environment in India.
10. Strategy for conservation of freshwater resources
Freshwater resources include river systems, wetlands, and groundwater. These resources play a
unique role and are intrinsically connected with other environmental entities.
(A) River Management
The following measures are to be taken for river management.
(i) Promotion of integrated approach to manage river basins by the concerned authorities keeping in
mind upstream and downstream inflows and withdrawals.
(ii) Monitor authorities to check the level of pollution loads and natural regeneration capacities to
make sure of water quality standards and adequate water flow.
(iii) To mitigate the impacts on river flora and fauna after due consideration.
(iv) Mandate the installation of water-saving closets and taps in the building by-laws of urban centres.
(B) Groundwater
The groundwater level has been falling rapidly in many areas in recent years. Several factors have
been stated for such depletion including withdrawal of agriculture, excess of annual recharge by the
industrial and urban sector, etc.
In addition to this, housing and infrastructure like roads block sufficient recharge of groundwater in
urban areas. Apart from this, groundwater also gets polluted because of the leaching of stored
hazardous waste and extensive use of agricultural chemicals.
The undermentioned plans are formulated to tackle such menaces:
(i) The practice of non-metered electric supply to farmers should be discontinued in order to ensure
efficient use of groundwater.
(ii) Promotion of systematic techniques of water use like a sprinkle, drip irrigation among farmers
should be done.
(iii) Supporting practices of contour bunding and reviving traditional methods for enhancing
groundwater recharge.

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(iv) Mandating rainwater harvesting in urban areas and newly constructed areas to increase
groundwater levels.
(v) Supporting research and development cost-effective techniques for rural and urban drinking water
projects.
11. Policy for Pollution Abatement
The following measures to tackle pollution is to be adopted at local and national levels :
1. Water Pollution
(i) Enhancing the reuse of treated industrial wastewater and sewage before discharging them into
water bodies like rivers, lakes or seas.
(ii) Setting up common effluent treatment plants on a cost-recovery basis.
(iii) Taking explicit account of groundwater pollution while pricing policies of pesticides and
fertilizers.
(iv) Developing strategies to strengthen regulations on the impact of shipbreaking on marine
resources.
(v) Promoting research and development in the sector of developing low-cost technologies for sewage
treatment and wastewater cleaning equipment. 
(vi) Developing public-private partnerships for setting up effluent and sewage treatment plants.
2. Air Pollution
(i) Accelerating national programs that aim at disseminating improved fuelwood stoves and solar
cookers for women of rural households.
(ii) Providing incentive-based instruments for controlling air pollution.
(iii) Providing adequate investments in mass transport systems that cause less pollution with the help
of private and public partnerships.
(iv) Giving due recognition and representation to local communities and NGOs for undertaking and
monitoring of environmental compliance.
(v) Promoting reclamation of wastelands through energy plantations.
3. Noise Pollution
(i) Characterising different environments in order to set ambient noise standards like urban versus
rural areas, educational institutions and hospital establishments versus rest of the areas, daytime
versus night time in residential establishments, areas in the vicinity of airports, highways, railways
versus other areas, etc.
(ii) Distinguishing between protection measures and noise standards in the context of the environment
and occupational exposure to a third party.
(iii) Formulating proper noise emission norms like rating of loudspeakers, automobile horns, and
fireworks to ensure that risk to any third party which is a non-participant in such activities do not
exceed prescribed ambient standards.

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(iv) Encouraging effective dialogue between local authorities, religious communities, state authorities,
for adopting specific durations or timing for use of loudspeakers, bells, or any other sound-producing
device.
4. Soil Pollution
(i) Developing and implementing strategies for cleaning up of lethal and hazardous waste dumps with
a specific focus on industrial areas.
(ii) Strengthening capacities of local bodies for segregation, recycling and reuse of municipal solid
wastes.
(iii) Developing and implementing strategies and plans for recycling, reusing, and reducing plastic
wastes, non-biodegradable wastes etc.
(iv) Promoting organic farming and supporting traditional crop varieties through research.
(v) Developing voluntary and transparent eco-labeling schemes based on science and scientific
research.
(vi) Giving legal recognition and strengthening the informal sector to collect and recycle waste
materials.
(vii) Developing public-private partnerships for setting and operating landfills and incinerators to treat
toxic and hazardous industrial and biomedical wastes.
Process involved in the formulation
1. For the purpose of preparing this Policy, inputs, and consultations with diverse groups of
experts and stakeholder has been done.
2. The draft of the National Environmental Policy also took extensive consultation from
Government and experts.
3. The draft was posted on the official websites of the Ministry of Environment and Forests in
English as well as Hindi to invite responses from individuals and concerned organizations
through advertisements in regional and national newspapers.
4. Consultations with regard to the draft were also held with relevant Ministries of Central
Government, all State/UT Governments at the meetings of the State Environment Ministries
and senior officials.
5. Moreover, the draft was also made open to the public from 21st August 2004 to
31st December 2004.
6. For inviting suggestions and views of Members of Parliament, a copy of the draft was
provided to them.
7. Thorough consultation was done by the Ministry Of Environment and Forests with the
representatives of significant academic and research institutions, key Industry Associations,
Voluntary Organisations, and well-known individuals of the field.
8. A detailed summary of different responses that came was prepared and addressal of various
concerns expressed by the respondents was done. Many suggestions that were received have
been duly incorporated in this Policy.
Conclusion

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Although there are numerous pre-existing policies on the environment, a need for a comprehensive
policy covering all significant aspects of the environment as well as to fill the lacuna in such policies
was felt. In the light of such circumstances, The National Environment Policy (NEP) came into force
to address the rising threat to the environment and devise effective measures and action plans to tackle
the deplorable state of the environment. The various strategies and plans enumerated in the policy
have been brought into action in different parts of the country. They have been quite successful in
resolving many ecological challenges that were predominant in the country. However, a more
effective and robust implementation of the NEP is the need of the time to tackle newly found
emerging threats of the decade. It is, also, equally important for the general public to join hands with
the government and ministries trying to work out the environmental challenges and ensure their full
support in the implementation of these policies.  

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