“NATIONAL ENVIRONMENT POLICY-2006”

ENVIRONMENT LAW SEMESTER-VI ASSIGNMENT

SUBMITTED BY:

NAME: ARFA IMTEYAZ

STUDENT ID: 202003793

SEMESTER: 6TH SEMESTER

R. No: 14, REGULAR BATCH

EXAMINATION ROLL: 20BLW013

BA.LL. B 6TH SEMESTER (REGULAR) FACULTY OF LAW, JAMIA MILLIA

ISLAMIA

Submitted to Dr. Ghulam Yazdani, Associate Professor (Faculty of Law, Jamia Millia
Islamia, New Delhi)

12.05.2023 (date of submission)

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ACKNOWLEDGEMENTS

Law school is a journey, complete with hurdles, medals, pain, and appreciation.
I am fortunate to be a law student in Jamia Millia Islamia, where the faculty
members are hardworking, highly skilled, and most importantly, very helpful. I
am glad to have Dr. Ghulam Yazdani sir, taking Environment Law as a subject
in my third year of this journey, as he is not only hardworking and talented but
also highly dedicated to teaching us students the many concepts of the said
subject.

The concepts might be easy or difficult to understand, but either way, sir makes
it highly interesting and tries to engage the whole class in the discussions.

I would therefore firstly like to thank sir for his constant dedication and help. He
does not think twice before helping us and clearing our queries, and makes us
intrigued towards the concepts by using various case laws to explain.

I would also thank my family and friends for being constant supporters and for
cheering me on whenever I felt low, and for making readily available, the material
required to study well and do assignments properly.

Also, I would like to thank Faculty of Law, JMI for this wide, comprehensive
syllabus, which will benefit us in our legal career heavily.

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TABLE OF CONTENTS

S.NO. TOPIC PAGE NO.

1. Introduction 4
2. Chapterization 5-17
Chapter I: The National Environment Policy, 2006
Chapter II: Objectives of NEP, 2006
Chapter III: Principles guiding NEP, 2006
Chapter IV: Challenges faced by India
Chapter V: Judicial Pronouncements
3. Conclusion 17
4. Bibliography 18

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INTRODUCTION

Environmental Law is a branch of law that encompasses the body of legal

principles, rules, and regulations governing the interaction between human
activities and the environment. This field of law covers a broad range of topics,
such as pollution control, natural resource management, land use, biodiversity
conservation, climate change, and energy policy.

This area of law outlines the legal rights and obligations of individuals,
organizations, and governments in relation to the environment. It aims to promote
sustainable development and safeguard the health and well-being of both humans
and ecosystems. This law can be enforced through various mechanisms, including
administrative agencies, civil litigation, and criminal prosecution.

Precisely, Environment Law is a dynamic field that responds to emerging

environmental issues and scientific advancements. It is shaped by a range of
factors, such as societal values, economic interests, and geopolitical
considerations. The international legal framework for environmental protection
is anchored in several key treaties, such as the United Nations Framework
Convention on Climate Change, the Convention on Biological Diversity, and the
Montreal Protocol on Substances that Deplete the Ozone Layer.

I. NATIONAL ENVIRONMENT POLICY, 2006

Our rapidly expanding society faces a slew of political, social, economic, cultural,
and environmental issues. Every such obstacle or complication is tied to our
habits, customs, and patterns of residence in some way. Such habitual behaviours
clearly have an impact on the ecosystem, either directly or indirectly. As a result,
detailed monthly check-ups on this blanket of protection that has allowed
mankind survive since time immemorial become obligatory. These policies have
developed strategies and plans to address the specific issue for which they were

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created. Certain underlying problems and gaps, however, remained to be
addressed in order to develop a comprehensive environmental management plan.

The National Environment Policy (NEP), 2006 is a policy document formulated

by the Ministry of Environment, Forest, and Climate Change (MoEFCC) of the
Government of India.1 The NEP is a comprehensive framework that aims to
integrate environmental concerns into developmental activities, thereby
promoting sustainable development.2

The NEP recognizes that development and environmental protection are not
mutually exclusive, and that economic growth must be balanced with
environmental sustainability. The policy emphasizes the principles of precaution,
polluter pays, and sustainable development as the guiding principles for
environmental management.3

One of the primary objectives of the NEP is to ensure the conservation and
protection of natural resources, such as land, water, air, and biodiversity.4 To
achieve this, the policy proposes a range of measures for environmental
management, including the integration of environmental concerns into all
developmental activities, the establishment of environmental standards and
regulations, and the promotion of environmental education and awareness.5

The NEP also emphasizes the need for public participation in environmental
decision-making processes, recognizing that local communities and stakeholders
play a vital role in environmental management.6 The policy also encourages the
participation of non-governmental organizations (NGOs) and civil society in

1
Ministry of Environment, Forest and Climate Change, National Environment Policy (2006), available at
https://www.moef.gov.in/sites/default/files/National%20Environment%20Policy.pdf.
2
id
3
id
4
id
5
id
6
id

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environmental protection and conservation efforts.7 The NEP serves as a guiding
document for the formulation of environmental laws, regulations, and programs
at the national, state, and local levels.8 The policy has been instrumental in
shaping environmental policy in India, and has led to the development of several
key environmental laws, such as the Wildlife Protection Act, the Forest
Conservation Act, and the Water (Prevention and Control of Pollution) Act.9

In summary, the NEP, 2006 is a comprehensive policy framework that seeks to

promote sustainable development by integrating environmental concerns into
developmental activities. The policy emphasizes the conservation and protection
of natural resources, the principles of precaution, polluter pays, and sustainable
development, and the importance of public participation in environmental
decision-making processes. The NEP serves as a guiding document for the
development of environmental laws and programs in India.

II. OBJECTIVES OF THE NEP, 2006

The 2006 National Environment Policy attempts to solve environmental concerns

in India by attaining several goals. One of the goals is to protect vital
environmental resources, such as natural and man-made heritage, that are
essential for human livelihoods, economic progress, and well-being. The policy
also emphasises intra-generational fairness, providing equitable access to natural
resources for different segments of society, particularly low-income populations
who rely on environmental resources for a living. The policy also aspires to create
intergenerational justice by wisely utilising environmental resources to suit the
requirements of the current generation without jeopardising the needs of future
generations.

7
Id
8
id
9
See, e.g., Wildlife Protection Act, 1972; Forest Conservation Act, 1980; Water (Prevention and Control of
Pollution) Act, 1974.

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Another policy goal is to integrate economic and social development with
environmental considerations. This entails incorporating environmental
considerations into socioeconomic progress plans, programmes, projects, and
policies. The strategy also emphasises the optimal use of natural resources in
order to avoid negative environmental impacts. It promotes effective
environmental governance, which entails controlling and regulating the use of
environmental resources in accordance with good governance principles. The
strategy also aims to increase resources for environmental protection by
collaborating with a wide range of stakeholders, including local communities,
government agencies, investors, researchers, and academic institutions, to ensure
greater resource flows.

India is confronted with several environmental difficulties, and poverty is

inextricably related to environmental deterioration. Flora and fauna, as well as
land, water, and air, are key components of these difficulties. Soil fertility, water,
air quality, wildlife, and fisheries are all impacted by environmental deterioration,
which mostly impacts the rural poor. The destruction of the ecosystem makes the
poor more vulnerable. Environmental degradation in urban areas is frequently
caused by improper waste management, a lack of sanitation, and industrial
pollutants, resulting in major health consequences for the urban population. This
limits their ability to find and keep jobs, attend school, and perpetuates gender
inequities, prolonging poverty. Furthermore, environmental factors cause around
20% of disorders in India.

The growing emphasis on economic growth by both developing and developed

countries has hastened environmental degradation due to the unrestrained use of
natural resources to meet rising demand. Unsustainable consumption practises
exacerbate the deterioration of both local and global life. Government policy
failures that favour indiscriminate and wasteful use of natural resources,
combined with institutional failures involving insufficiently enforced rights to

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and use of natural resources, have further devastated the environment. Climate
change, ozone depletion, and biodiversity loss are all global environmental issues
that provide additional challenges. Multilateral programmes and strategies
designed to address such global concerns may have a negative influence on poor
countries' development potential.

OTHER OBJECTIVES

Conservation of Critical Environmental Resources: entails safeguarding and

conserving critical ecological systems and resources, as well as important natural
and man-made heritage. These are necessary for human survival, economic
progress, and well-being.

Intra-generational Equity: entails ensuring fair access to environmental resources

for various segments of society, with a particular emphasis on low-income people
who rely heavily on environmental resources for a living.

Efficient use of Environmental Resources: It entails guaranteeing the efficient use

of environmental resources in order to reduce their usage per unit of economic
production, hence reducing negative ecological impacts.

Enhancement of Resources for Environmental Conservation: It seeks to

collaborate with a variety of local communities, government agencies, investors,
researchers, and academic groups to ensure increased resource flows, including
finance, technology, management skills, and traditional knowledge for
environmental protection.

III. PRINCIPLES THAT GUIDE THE NEP, 2006

The National Environment Policy arose from the idea that only advancements
that value ecological constraints and the essence of justice are viable. In order to
enforce Environmental Law in a more stringent manner, the concept of ‘Polluter
Pays’ was introduced.

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Polluter Pays Principle

Environmental redressal strategies based on criminal culpability concepts have

shown to be ineffective and ineffective. As a result, civil culpability for
environmental damage was required. It would prohibit any environmentally
hazardous activity and compensate for any damage done. This can be observed
in the "polluter pays" idea itself.

In recent years, the Polluter Pays Principle has become a popular catchphrase. “If
you make a mess, it is your responsibility to clean it up” is the motto of this
principle. It should be noted that the 'polluter pays principle' in environmental law
does not refer to "fault." Instead, it favours a therapeutic strategy focused on
restoring environmental damage. It is a principle in international environmental
law that states that the polluter pays for the harm done to the natural environment.
The idea is based on Plato’s saying “If anyone intentionally spoils the water of
another, let him not only pay damages, but purify the stream or cistern which
contains the water...” The 'polluter pays principle' was first applied and
established in India in the 1996 case of Indian Council of Enviro-Legal Action v.
Union of India. In this case, Justice Dalveer Bhandari decided that rectifying the
ecological imbalance is a necessary aspect of the industrial process. As a result,
the financial duty for taking pollution prevention and control measures should fall
on the industry that generated the pollution. The financial cost cannot be passed
to the government, either in preventing or fixing the ding. Following the court's
dismissal of the writ petition, review petition, and curative petition, other
interlocutory and interim applications were filed in this matter. pronouncements.
Article 21 of the Indian Constitution underlines every Indian inhabitant's
fundamental right. Article 21 mentions the fundamental right to life and personal
liberty. Polluting a community's surroundings, to put it simply, violates the
inhabitant's fundamental right. Because pollution is an unavoidable by-product of
industrialization, community participation in environmental conservation is

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everyone's responsibility. As a result, the right to community participation in
environmental protection is deemed to arise from Article 21 of the Indian
Constitution.

Furthermore, the following methods to civil responsibility may be applicable

(a) Absolute Liability

It is based on the premise that a party who violates any pre-existing legal
responsibility imposed on it must pay or compensate for the resulting harm.

According to the rule of absolute liability, if any person is engaged in an

inherently dangerous or hazardous activity, and any harm is caused to any person
as a result of an accident that occurred while carrying out such inherently
dangerous and hazardous activity, then the person who is engaged in such activity
will be held ‘absolutely liable.’ The exception to the strict responsibility rule
would also be rejected. The Supreme Court applied the rule established in the
case of MC Mehta v UOI when resolving the Bhopal Gas Tragedy case. The
Indian Legislature created the Public Liability Insurance Act in 1991 to ensure
that victims of such catastrophes receive prompt assistance through insurance.

In the case of MC Mehta v Union of India, the rule of absolute liability arose in
India. This is one of the most important decisions concerning the concept of
absolute liability.

According to the circumstances of the case, some oleum gas from industrial
escaped in a certain location of Delhi. Many people were harmed as a result of
the breach. The Apex Court then based the concept of absolute liability on the
rule of strict liability, stating that the defendant would be accountable for the
damage committed without regard for the strict liability exceptions.

(b) Strict Liability/No Fault Liability

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It establishes legal obligation to compensate the victim for any loss caused by the
other party's failings, which may or may not constitute negligence.

It can be claimed that if a person takes on his land and keeps something harmful,
and that thing is likely to cause some damage if it escapes, then that person will
be held accountable for the damage created. Even though he was not negligent in
retaining the substance on his premises, the person whose property such
substance escaped will be held liable. He is liable not because of any negligence
on his side, but because the substance held on his premises is harmful and
dangerous. In Rylands v Fletcher, F had a mill on his land and built a reservoir
on his land to power the mill. The water from the reservoir swamped R's coal
mines due to an accident. R then filed a lawsuit against F. The Court ruled that
the defendant built the reservoir at his own risk, and that if an accident occurs,
the defendant would be held accountable for the disaster and material escape. The
concept of strict liability arose as a result of this judicial decision.

IV. CHALLENGES FACED BY INDIA

1. Environmental degradation is a major contributor to poverty, and the rural
poor are disproportionately affected because such degradations have a
direct influence on soil fertility, water, air quality, wildlife, and fisheries.
The lack of environmental resilience exposes the poor to greater
vulnerability.
2. It is frequently produced in the urban sector by improper waste treatment,
a lack of sanitation, and industrial pollution, which directly affects the
quality of air, water, and soil, causing major health implications among the
urban population. As a result, it lowers their ability to find and keep work,
teach, or attend school, and maintain gender disparities, all of which
perpetuate poverty. Furthermore, it is estimated that 20 percent of disorders
and diseases caused in India are caused by environmental factors.

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 3. The increased emphasis of developing and developed countries on
economic growth has exacerbated environmental deterioration due to the
unrestrained exploitation of natural resources to achieve their goals and the
growing population's needs. Unsustainable consumption practises
exacerbate the deterioration of both local and global life.
4. Government policy failures that offer incentives for indiscriminate and
excessive use of natural resources, combined with institutional failures
involving insufficiently enforced rights to and use of natural resources,
have further devastated the environment.
5. Another difficulty is the emergence of global environmental issues such as
climate change, ozone depletion, biodiversity loss, and so on. Multilateral
programmes and strategies designed to address such global concerns may
have a negative influence on poor countries' development potential.

STRATEGIES TO REDUCE DEPLETION OF ENVIRONMENT

There are several strategies to prevent damage caused to the environment, some
of which include:

1. Reduce, Reuse, and Recycle: This strategy promotes the three Rs, which
involve reducing the consumption of resources, reusing items where
possible, and recycling materials that cannot be reused. This can
significantly reduce the amount of waste that ends up in landfills and help
conserve natural resources.
2. Sustainable Development: This strategy promotes development that meets
the needs of the present without compromising the ability of future
generations to meet their own needs. It involves using resources in a way
that ensures they are not depleted and protecting ecosystems for the benefit
of future generations.
3. Environmental Education: This strategy aims to raise awareness and
understanding of environmental issues and promote sustainable behaviour.

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 It includes educating people about the environmental impact of their
actions and encouraging them to make choices that are more
environmentally friendly.
4. Pollution Prevention: This strategy involves taking steps to prevent
pollution at the source, rather than just treating the symptoms. This can be
achieved using cleaner technologies, better management practices, and
regulatory measures.
5. Conservation: This strategy involves protecting and preserving natural
resources, including wildlife, forests, and waterways. It involves managing
these resources in a way that balances the needs of humans and the
environment, ensuring that they are not depleted or damaged beyond repair.
6. Green Technology: This strategy involves the use of technology that is
more environmentally friendly, such as renewable energy sources, energy-
efficient appliances, and electric vehicles. It aims to reduce the use of fossil
fuels and other non-renewable resources, which can help mitigate climate
change and reduce pollution.

Overall, these strategies can help prevent damage to the environment and promote
sustainable development, which is crucial for the well-being of current and future
generations.

V. JUDICIAL PRONOUNCEMENTS
1. Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors.10

Facts: The case was filed by Rohit Prajapati and other environmental activists,
challenging the Environmental Clearance (EC) granted to Alembic
Pharmaceuticals Ltd. by the Gujarat Pollution Control Board (GPCB) for
expansion of its pharmaceutical unit in the industrial area of Vadodara, Gujarat.
The petitioners contended that the expansion would cause environmental

10
(2013) 10 SCC 259

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degradation and adversely affect the health of the residents. They also alleged
non-compliance with the provisions of the National Environment Policy, 2006.

Judgment: The Supreme Court held that the grant of EC by GPCB to Alembic
Pharmaceuticals Ltd. was in violation of the National Environment Policy, 2006
and the Environment Impact Assessment (EIA) Notification, 2006. The Court
noted that the EC was granted without proper environmental impact assessment
and public consultation, and that the GPCB failed to consider the cumulative
impact of the existing and proposed industries in the area. The Court directed the
GPCB to reconsider the EC after conducting a fresh EIA and public consultation.

Aftermath: The judgment reaffirmed the importance of compliance with the

National Environment Policy, 2006 and the EIA Notification, 2006 in granting
environmental clearances. It also emphasized the need for proper environmental
impact assessment and public consultation before granting such clearances.

2. T.N. Godavarman Thirumulpad v Union of India11

Facts: The case was filed by T.N. Godavarman Thirumulpad, an environmental

activist, seeking to protect the forest areas in the states of Tamil Nadu, Karnataka,
and Kerala from encroachment and illegal logging. The petition raised issues
concerning the implementation of the National Forest Policy, 1988 and the
National Biodiversity Act, 2002.

Judgment: The Supreme Court directed the states of Tamil Nadu, Karnataka, and
Kerala to constitute expert committees to review the status of forests and
recommend measures for their protection. The Court also directed the states to
act against encroachment and illegal logging in forest areas, and to ensure
compliance with the National Forest Policy, 1988 and the National Biodiversity

11
(2012) 3 SCC 277

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Act, 2002. The Court held that the protection of forests was essential for
maintaining ecological balance and the well-being of the people.

Aftermath: The judgment highlighted the importance of protecting forests and

biodiversity, and the need for effective implementation of the National Forest
Policy, 1988 and the National Biodiversity Act, 2002. It also led to increased
efforts by the states to protect forest areas and prevent encroachment and illegal
logging.

3. Indian Council for Enviro-Legal Action v Union of India12

Facts: The case was filed by the Indian Council for Enviro-Legal Action,
challenging the construction of a thermal power plant by Hindustan Zinc Ltd. in
Udaipur, Rajasthan. The petitioner alleged that the construction of the power plant
was in violation of the National Environment Policy, 2006, the Forest
Conservation Act, 1980, and the Wildlife Protection Act, 1972.

Judgment: The Supreme Court held that the construction of the power plant was
in violation of the National Environment Policy, 2006, the Forest Conservation
Act, 1980, and the Wildlife Protection Act, 1972. The Court noted that the project
was in an ecologically sensitive area and required environmental clearance and
forest clearance. The Court directed the Ministry of Environment and Forests to
constitute an expert committee to assess the environmental impact of the project
and submit a report.

4. M.C. Mehta v. Union of India13

Facts: This case was related to the pollution of the river Ganga. The petitioner
had filed a writ petition seeking to control the pollution of the river, which was
caused by the discharge of untreated industrial effluents and sewage. The

12
(2011) 8 SCC 161
13
(Writ Petition No. 463 of 1986)

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petitioner had also sought the implementation of the National River Conservation
Plan, which had been framed to protect and conserve the rivers in the country.

Judgement: The Supreme Court of India, in its judgement dated 22 February

1996, directed all the state governments and union territories to take effective
steps to control the pollution of the river Ganga. The court also ordered the
closure of polluting industries and the establishment of sewage treatment plants
to treat the sewage generated by the cities along the river.

Aftermath: The judgement led to the formulation of the Ganga Action Plan, which
was aimed at controlling the pollution of the river Ganga. The plan included the
establishment of sewage treatment plants and the closure of polluting industries.
The case also highlighted the need for the implementation of the National River
Conservation Plan to protect and conserve the rivers in India.

5. Vellore Citizens Welfare Forum v. Union of India & Ors. 14

Facts: This case was related to the pollution caused by tanneries in Vellore, Tamil
Nadu. The petitioner had filed a writ petition seeking to control the pollution
caused by tanneries, which were discharging untreated effluents into the river.
The petitioner had also sought the implementation of the National Environment
Policy, 1992, which had been framed to protect and conserve the environment in
the country.

Judgement: The Supreme Court of India, in its judgement dated 29 January 1996,
directed all tanneries to install effluent treatment plants to treat the effluents
generated by them. The court also ordered the closure of tanneries that failed to
comply with the directions. The judgement also directed the state pollution
control boards to monitor the discharge of effluents from the tanneries and take
appropriate action against the defaulters.

14
(Writ Petition No. 13029 of 1985)

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Aftermath: The aftermath of the Vellore Citizens Welfare Forum v. Union of India
& Ors. case was significant in terms of strengthening environmental protection
laws in India. The Supreme Court's decision in this case led to the creation of the
National Green Tribunal (NGT) under the National Green Tribunal Act, 2010,
which serves as a specialized court for environmental disputes.

The NGT was established to provide effective and expeditious disposal of cases
related to environmental protection, conservation of forests and other natural
resources, and the enforcement of legal rights relating to the environment. It has
the power to hear and dispose of cases related to environmental damage and to
provide compensation for any loss or damage caused to the environment.

The establishment of the NGT was a major step towards ensuring that the
National Environment Policy, 2006, was implemented effectively and efficiently.
The NGT has the authority to enforce the provisions of the policy and ensure that
environmental laws are enforced, and violators are held accountable for their
actions.

CONCLUSION

In conclusion, the National Environment Policy, 2006 provides a comprehensive

framework for addressing the environmental challenges faced by India. The
policy outlines several objectives, including conservation of critical
environmental resources, intra-generational and inter-generational equity,
integration of economic and social development with environmental concerns,
efficient use of environmental resources, environmental governance, and
enhancement of resources for environmental conservation.

The policy incorporates various principles, including the polluter pays principle
and absolute liability, which have been instrumental in holding polluters
accountable and promoting sustainable development. The polluter pays principle
ensures that those who cause environmental damage bear the costs of

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remediation, while absolute liability holds those engaged in hazardous activities
strictly liable for any harm caused to the environment or human health, regardless
of fault or negligence. NEP, 2006 has also been reinforced through judicial
interventions, which have led to the development of several landmark judgments,
including the Vellore Citizens Welfare Forum case and the MC Mehta cases.
These judgments have established the importance of the polluter pays principle
and absolute liability and have helped in bringing about significant changes in
environmental governance and regulation in India. However, despite the policy's
successes, much remains to be done to address the environmental challenges
faced by India. The policy's implementation has been slow, and the country
continues to struggle with issues such as air and water pollution, deforestation,
and climate change. There is a need for more effective enforcement of
environmental regulations, better monitoring of environmental quality, and
greater public participation in environmental decision-making.

In conclusion, the National Environment Policy, 2006, along with the principles
of polluter pays and absolute liability, have provided a strong foundation for
addressing environmental challenges in India. However, there is a need for
sustained efforts to ensure effective implementation of the policy and to address
the emerging environmental challenges facing the country.

BIBLIOGRAPHY

Primary Sources:

1. The National Environment Policy, 2006. Available at:

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accessed on May 8, 2023).

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 2. The Water (Prevention and Control of Pollution) Act, 1974. Available at:
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h&sam_handle=123456789/1362. (Last accessed on May 8, 2023)

3. The Air (Prevention and Control of Pollution) Act, 1981. Available at:
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evention%20and%20Control%20of%20Pollution%29%20Act%2C%201
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5. Indian Council of Forestry Research and Education (ICFRE). (2012).

Forest and Biodiversity Policies of India: A Review. Available at:
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