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Summary
 NATIONAL LAW INSTITUTE UNIVERSITY,
BHOPAL, (M.P.)

PROJECT
SESSION: 2022– 23
ENVIRONMENTAL LAW
SEMESTER: VIII

TOPIC

ENFORCEMENT OF ENVIRONMENTAL LEGISLATION & JUDICIAL

ACTIVISM

SUBMITTED BY: SUBMITTED TO:

SHILPA RAWAT PROF. (DR.) RAJIV KHARE

(2019BALLB20)

2
Page 1 of 22
 TABLE OF CONTENTS

ACKNOWLEDMENT …………………………………………………..……………………….3

CERTIFICATE………………………………..………………………………….………………4

RESEARCH OBJECTIVES……………………………………………………………………...5

RESEARCH METHODOLOGY…………………………………………………………………5

RESEARCH QUESTIONS……………………………………………………………………….6

STATEMENT OF PROBLEM ..................................................................................................... 6

HYPOTHESIS .............................................................................................................................. 6

REVIEW OF LITERATURE ...................................................... Error! Bookmark not defined.

LIST OF CITED JUDGEMENTS ............................................... Error! Bookmark not defined.

INTRODUCTION .................................................................................................................... 9

KYOTO PROTOCOL ………………………………………………………………….........11

DEVELOPMENT IN INDIA ………………………………………………………………..12

SCENARIO AFTER INDEPENDENCE: A CONSTITUTIONAL PERSPECTIVE ……....13

PUBLIC INTEREST LITIGATION ……………………………………………………..…17

CONCLUSION ....................................................................................................................... 20

BIBLIOGRAPHY .................................................................................................................... 21

Page 2 of 22
 1
ACKNOWLEDGEMENT

This project has been made possible by the unconditional support of many
people. I would like to acknowledge and extend my heartfelt gratitude to Prof.
Rajiv Khare for helping me throughout the development of this project into a
coherent whole by providing helpful insights and sharing his brilliance
expertise. I would like to thank the officials of the Gyan Mandir library, NLIU
for helping me to find the appropriate and relevant research material for this
study. I am deeply indebted to my mother who pays my college fees and gives
me an opportunity to study here. Lastly, my heartiest thanks to my friends and
seniors.

Page 3 of 22
 CERTIFICATE

This is to certify that the research paper titled “ENFORCEMENT OF

3
ENVIRONMENTAL LEGISLATION & JUDICIAL ACTIVISM” has been prepared and
submitted by SHILPA RAWAT, who is currently pursuing his B.A.LL.B. (Hons.) at National
Law Institute University, Bhopal in fulfilment of ENVIRONMENTAL LAW course. It is
also certified that this is an original research report and this paper hasn’t been submitted to
any other university nor published in any journal.

Date- 10/03/2023

Signature of the Supervisor Signature of Student Researcher

Page 4 of 22
 RESEARCH OBJECTIVES

This project paper aims to achieve the following objectives:-

 To know about the position of law relating to the environment and the role of
judiciary in enforcement of the same.
 To know about the issues faced by the executing agencies while implementing the
law.
 To know about the reasons by the judiciary for the eco-centric approach and the
anthropocentric approach in various judgements.

RESEARCH METHODOLOGY
9
The researcher of this project paper has adopted a purely doctrinal method of
research. The researcher had made extensive use of the library databases and also the internet
sources in the completion of this project paper.

Page 5 of 22
 RESEARCH QUESTIONS

This project paper analyses on these research questions:-

 Why is the problem of environmental damage and pollution still prevalent in the
country despite there being many laws to tackle it?
 Why are people being forced to live in polluted
and unhealthy environments despite others living in clean environments?

STATEMENT OF PROBLEM

As there exists a problem of pollution and unhealthy environment in this country, in

the 21st century despite various technological advancements, what steps could be taken to
ensure that this issue is redressed and tackled with.

HYPOTHESIS

The laws of India are mature and sound enough to tackle the problem of pollution and
unhealthy environment in the country. The Judiciary is also playing an active role in the
same.

Page 6 of 22
 REVIEW OF LITERATURE
 P. Leelakrishnan, Environmental Law in India, Lexis Nexis Butterworths, 2000
7
The Kyoto Protocol was the first addendum to the United Nations Framework
Convention on Climate Change (UNFCCC), an international treaty that obliged its signatories
to developing national strategies to reduce greenhouse gas emissions. Such gases, such as
11
carbon dioxide and methane, alter the global energy balance in ways that are projected to
result in an overall increase in global average temperature, a phenomenon known as global
warming.
15
 Edith Brown Weiss, International Environmental Law: Contemporary Issues and the
Emergence of a New World Order, 1993
Environmental issues will play a critical part in industrial, social, political, and
financial decision making, according to lawyers all over the world. Law has been preserving
the environment all over the world for centuries, but international concerted efforts by
6
countries began only in the mid and late 1990s, and in 1974, international environmental law
was a budding field with fewer than three dozen multilateral agreements.
5
 A. Rosencranz, Divan S. & M. Noble, Tripathi Publishers, Environmental Law and
Policy in India: Cases, Materials and Statutes , 1991
It is anticipated that 128 species of birds and 95 species of animals would have
vanished from the planet in less than 200 years due to increased exploitation, pollution, and
population growth. Elephants, for example, are expected to become extinct in the Indian
subcontinent in the very near future, as are lions. India is currently recognised as one of the
top five emitters of greenhouse gases.
 CM Jariwala, Changing Dimensions of India Law, in P Leelakrishnan, Law and
Environment, 1992
India has a long history of environmental protection. There are various documents
that demonstrate that in ancient India, everyone was required to practise Dharma in order to
maintain and revere nature. During the Vedic time, chopping live trees was illegal, and
punishment was meted out for doing so. Cutting down trees was considered a punishable
offence by Yajnavalkya Smriti, and throughout the brahmacharya era, which was observed by
every man in his lifetime, it was needed to conserve the environment, and students used to
worship various elements of nature.
19
 Roger W. Findley and Daniel A. Farber, Environmental Law in a Nutshell, 5th ed.,
University Press, 2003

Page 7 of 22
 LIST OF CITED JUDGMENTS

The following are the judgments of Supreme Court and various High Courts, used to
complete this project paper-

 M. K. Janardhanam v. District Collector, (2003)

 M.C. Mehta v. UOI, (2002)

 A.P. Pollution Control Board II v. M.V. Nayudu (2000)

 M.C. Mehta v. UOI, (1997)

 Rural Litigation and Entitlement Kendra v State of U.P., (1987)

 Rural Litigation v. State of Uttar Pradesh, (1985)

 T. Ramakrishna Rao v. Hyderabad Urban Development, (2002)

 M.C. Mehta v. Union of India, (1986)

 Vellore Citizens Welfare Forum v Union of India's, (1996)

 Narmada Bachao Andolan v. Union of India, (2000)

 Satyavani and Ors. v. A.P. Pollution Control Board and Ors., (1993)

 Rural Litigation and Entitlement Kendra v. State of U.P., (1988)

Page 8 of 22
 INTRODUCTION

“The world today is economically richer and environmentally poorer than ever.”1

“Due to increased exploitation, pollution and population growth, it is estimated that in

less than 200 years, 128 species of birds and 95 species of mammals have disappeared from
the globe. For example elephants, it is estimated, would be extinct from Indian subcontinent
in the very near future same as lions who would have same fate. Currently, India is ranked as
one of the top five emitters of greenhouse gas emissions.2 Though as a developing country
whose industrial process began in the latter half of the 20th century it does not bear historical
responsibility for carbon dioxide reduction targets.3 According to a recent Climate Change
Performance Index, India's energy-related emissions are much lower than that of China or
United States, which contributed 18.80% and 21.44%, respectively in 2007. Thus the
situation is worse in case of India. It is only through the rule of law that society can protect
our environment and preserve our natural resources. Law and lawyers are essential for
effective protection of the environment. The lawyers around the globe recognize the key role
that environmental concerns will play, in industrial, social, political and financial decision
making. Law has been protecting environment since ages all over the world but international
collective efforts by countries began only in mid and late nineties and in 1974 international
environmental law was a fledgling field with less than three dozen multilateral agreements.”4

“Today international environmental law is arguably setting the pace for cooperation in
the international community in the development of international law. There are nearly nine
hundred international legal instruments that are either primarily directed to international
environmental issues or contain important provisions on them.5 This proliferation of legal
instruments is likely to continue. In the early 20th century, conventions to protect
commercially valuable species were I reached, which included:”

 Convention for the Protection of Birds Useful to Agriculture (1902)

14
 Convention for the Preservation and Protection of Fur Seals (1911)
 Convention for the Protection of Migratory Birds (1916)

1
Lester, R. Brown, President of Washington based World Watch Institute.
5
2
A. Rosencranz, Divan S. & M. Noble, Tripathi Publishers, Environmental Law and Policy in India: Cases,
Materials and Statutes , 1991, 24.
3
Ibid.
6
4
Edith Brown Weiss, International Environmental Law: Contemporary Issues and the Emergence of a New
World Order, 81 GEO L.J. 675-84, (1993).
5
Ibid.
Page 9 of 22
 18
 Convention Relative to the Preservation of Fauna and Flora in their Natural
State, acceded by India in 1939.

These were some of the initial agreements contracted by states for preservation of
“

natural resources. It was in 1960s that environmentalism became an important political and
intellectual movement in the West and countries passed a plethora of legislations for
protection of endangered species, natural resources, air and water pollution etc. Finally on 5
June 1972 beginning of modern international environment law is deemed with the opening of
the first United Nations Conference on the Human Environment held in Stockholm which
lead to the establishment of the United Nations Environment Programme (UNEP) as the
world's principal international environmental organization and also celebrated as World
Environment Day.6 Establishment of UNEP with a decentralized action plan was a dawn of
new era which assigned responsibilities to wide spectrum of existing institutions with a
plethora of new legal instruments working within network various international regimes. ”

“Even the happening of disasters like Chernobyl lead to creation of new treaty
agreements the Convention on Early Notification of a Nuclear Accident and the Convention
on Assistance in the Case of Nuclear Accident or Radiological Emergency, both adopted in
1986-were rapidly drafted to ensure notification and assistance in the event of a nuclear
accident. In the following decade a Convention on Nuclear Safety (1994) established
incentives for countries to adopt basic standards for the safe operation of land-based nuclear
power plants.”

6
Supra note 2.
Page 10 of 22
 KYOTO PROTOCOL

“The Kyoto Protocol was adopted as the first addition to the United Nations
Framework Convention on Climate Change (UNFCCC), an international treaty that
committed its signatories to develop national programs to reduce their emissions of
greenhouse gases. Such gases, including carbon dioxide and methane, affect the energy
balance of the global atmosphere in ways expected to lead to an overall increase in global
average temperature, known as global warming.7 The Protocol also provided several
economic based incentives for reducing emissions, notably provisions for emissions trading,
joint implementation, and clean development mechanisms. Since its adoption, the protocol
has encountered stiff opposition from some countries, particularly the United States, which
has failed to ratify it. Newly industrializing nations such as Brazil, China, and India balked at
the U.S. government's position that these countries should also undertake mandatory
obligations given their growing rate of emissions. As a result of the controversy, the Protocol
and its mechanisms did not come into effect until 2009, nearly a decade after its being open
for signature and three years before its expiration.8 A United Nations Conference on Climate
Change was held at Copenhagen in December 2009 in lieu of expiry of Kyoto Protocol in
2012 which focused on world nations deciding upon a new agreement which shall replace
Kyoto Protocol and it was thought that it shall also form a platform to discuss current
emission rates by nations, but unfortunately no consensus was reached at, the new global
climate change agreement was to be aimed at prevention of massively rising greenhouse gas
emissions which should be ratified by all member nations but irrational attitude of developed
countries made matters worse by not recognizing status of developed countries which
emerged as prime opposers of the pact which inflicted a unnecessary cap on carbon emissions
by developing countries.”

7
P. Leelakrishnan, Environmental Law in India, Lexis Nexis Butterworths, 2000.

8
Supra note 2.
Page 11 of 22
 DEVELOPMENT IN INDIA

“India has an ancient tradition of protecting the environment. There exist several
writings which prove that in ancient India every individual had to practice the Dharma to
protect and worship nature9 in Vedic period, cutting of live trees was prohibited and
punishment was awarded for the same. Yajnavalkya Smriti has declared cutting of trees as
punishable offence and during the brahmacharya period observed by every man in his
lifetime, was required to protect the environment and students used to worship various forces
of nature. Such was the importance of environment in minds of ancient Indians. The Mauryan
period was the most glorious period with regard to protection of environment and various
rules have been found regarding the same in Kautliya's Arthashashtra written during that
period.10 Under the Arthashashtra various punishments were prescribed for cutting trees,
killing animals, fish, etc.11 besides this a full proof system of forest administration was in
function and state assumed the function of maintenance of forests and enacting regulations
for the same. Thus, the Hindu society was conscious of the adverse environmental effects
caused by deforestation and extinction of animal species.”

Protection during British rule in India

“The main aim of British coming to India was to exploit its natural resources draining
away wealth to Britain and accordingly the early days of British rule witnessed plunder of
natural resources and a fierce onslaught was committed on Indian forests for Teak and
Sandalwood to meet the demands of their nationals residing in India as well as Britain. It was
not until the late 19th century that steps ensuring protection of forests were taken. In 1865
Forest Act was enacted which was revised later in 1878 giving exclusive powers to British
government to regulate the forests and devise regulations for the same.12 The 1865 act was
passed to facilitate the acquisition of those forest areas that were earmarked for railway
supplies. It merely sought to establish the claims of the state to the forests in immediately
required, subject to the proviso that existing rights would not be abridged. Legislative
measures adopted by the British government for prevention of pollution and conservation of
natural resources were mainly aimed to earn revenue and other ulterior motives, though the
same have contributed a lot in development of environmental jurisprudence in India.”

917
CM Jariwala, Changing Dimensions of India Law, in P Leelakrishnan, Law and Environment, 1992, p. 1.
10
V.K. Gupta, Kautliyan Jurisprudence, Delhi, 1987, pp. 155-156.
11
Kailash Thakur, Environmental Protection Law and Policy in India, 1999, p. 155.
12
Ibid.
Page 12 of 22
SCENARIO AFTER INDEPENDENCE: A CONSTITUTIONAL
PERSPECTIVE

“The Constitution of India, which is the supreme law of land, has imposed an
obligation to protect the natural environment both on the state as well as the citizens of India,
Part IV of the constitution called the Directive Principles of State Policy has imposed certain
16
fundamental duties on the state to protect the environment. Part IV A of the constitution has
”

imposed a fundamental duty on every citizen of India “to protect and improve the natural
environment including forests, lakes, rivers and wildlife, and to have compassion for living
creatures.”

Obligation on part of State

4
“The State's responsibility with regard to environmental protection has been laid
down under Article 48-A inserted by the 42nd constitution amendment act 1976, which
directs as follows: The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country. The Madras high court observed that "the
phrase used (in articles) 48A and 51A) is 'protect and improve' which implies that the phrase
appears to contemplate affirmative governmental action to improve the quality of the
environment and not just to preserve the action to improve the quality of the environment and
not just to preserve the environment in its degraded form.13 The State should strive to foster
respect for international law and treaty obligation as enshrined in Article 51 of the
Constitution.14 Moreover, Article 37 makes it mandatory that principles contained in Part IV
of the constitution are fundamental in the governance of the country and it shall be the duty
of the state to apply these principles in the making laws. Thus State has to take into account
principles laid in articles 39(b), 47 and 48 A individually and collectively to improve the
general health level in the country and to protect and improve the natural environment.15
Supreme Court in A.P. Pollution Control Board II v. M.V. Nayudu16 referred to the
resolution of UNO passed during United Nations Washington Conference in 1977 and
observed that the right to access to drinking water is fundamental to life and there is a duty
on the State under Article 21 to provide clean drinking water to its citizens. Environmental
Pollution may damage the monuments of national importance, the protection of which is a
duty of the State under Article 49 of the Constitution which casts an obligation on the state to

13
M. K. Janardhanam v. District Collector, (2003) 1 LW 262.
14
Supra note 5.
15
M.C. Mehta v. UOI, (2002) 4 SCC 356.
16
(2000) SOL Case no. 673.
Page 13 of 22
protect monuments, places and objects of national importance. In the Taj case17 SC inspired
by this article protected the Taj Mahal, from harmful industrial emissions originating in and
around Agra. Therefore, it is observed that state is under a binding obligation by the
provisions of constitution and their wider interpretation by courts in India to preserve and
protect the environment and natural resources which is necessary to ensure safe, healthy and
decent living to citizens of India. The active role of judiciary should be contemplated as it has
provided new spheres to the existing law on the point while ensuring that constitutional
provisions are honoured and applied by the state.”

Obligation on Part of citizens

“Paras Diwan, in his work Environment Administration, Law and Judicial Attitude has
12
provided a ironic description of typical Indian mindset, he points out that the people in India
love pollution to such an extent that they cannot live without it, because "traditionally we are
pollution loving nation. We pollute air by bursting crackers on Diwali. We pollute our rivers
by disposing of dead bodies and other human wastes. Any space is good enough for us to
ease; we are country which believes in open latrines. Municipalities are oblivious of their
duties and all city wastes, human and industrial effluents are allowed to flowing open drains
and to flood the streets. No one should be deprived from hearing God and Godmen's voice-
and too are far away beyond the hell and heaven. Our voice must reach them; otherwise our
spiritual needs will remain un-ministered.18 The view hits the nail on head but can be counter
argued in the form that we traditionally are nature loving people and worship nature and its
forces, but the same has less force because reality can't be overlooked. Moreover majority of
population in India, mostly poor and slum-dwellers are not aware of this problem and even if
they were, their life begins and ends with earning daily bread enough for subsistence and
therefore can't be expected to have concern for protection of environment. ”

“Despite this Environmental protection is a fundamental duty of each and every citizen
of this country and under Article 51-A(g) enumerated in Part IV of our Constitution, inserted
via., constitution (Forty-second amendment) Act, 1976 the same find a specific mention as
follows: It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have compassion for living
creatures. The black letters have further been interpreted by courts in a positive sense
creating a obligation on citizens to protect and preserve the environment. In Rural Litigation

17
M.C. Mehta v. UOI, AIR 1997 SC 734.
18
Paras Diwan, Environmental Protection: Issues and Problems in Environment Administration, Law and
Judicial Attitude, 1997, p. 5.
Page 14 of 22
and Entitlement Kendra v State of U.P.19 Supreme Court through Ranganath Mishra J stated
that -
”

“Preservation of environment and keeping the ecological balance unaffected is

a task which not only government but also every citizen must undertake. It is a
social obligation and let us remind every citizen that it is his fundamental duty
as enshrined in Article 51-A(g) of the constitution.”

As a result, the state must enact legislative and administrative measures, as

well as recommendations issued by courts, to safeguard the environment and ensure
a better standard of living, so that residents understand their responsibility in this
regard. Judicial activism in India gives energy to the anti-pollution effort, but public
participation in the justice process is required, or the system will fall under the
weight of its insensitivity.

Right to Life and Environment20

“Right to life, implies the right to live without the deleterious invasion of pollution,
environmental, pollution, environmental degradation and ecological imbalances. Everyone
has the right to life and a right standard of living ad equates for health & wellbeing of himself
and of his family. inherent right to life shall be protected by law. Principle 1 of the
Declaration of UN Conference on Human Environment, 1972 proclaimed that man has the
fundamental right to freedom, equality and adequate conditions of life in an environment of a
quality that permits a life of dignity and wellbeing. Right to free and healthy environment: As
a Fundamental Right guaranteed in Indian Constitution Environmental values or rights may
be constitutionalised either explicitly by amending the constitution or implicitly by
interpreting the existing constitutional language to include environmental protection.
Immediately after the Stockholm Declaration, there was a growing trend in national legal
systems to give constitutional status to environmental protection. India followed in the
pursuit by amending the Constitution to include environment specific provisions in 1976. The
birth of right to environment was the direct result of an inclusion these additional provisions.”

“The Indian Supreme Court, being one of the most active judiciaries in the world, also
created a landmark in the quest of international judicial activism by developing the concept of
right to healthy environment as a part of right to life under Article 21 of our Constitution
19
AIR 1987 SC 359, p. 364.
20
Michael R. Anderson & Anees Ahmed, Assessing Environmental Damage Under Indian Law, 4 RECIFEL,
335, 336 (1996).
Page 15 of 22
which reads as follows: No person can be deprived of his life and personal liberty except
according to the procedure established by law. The seminal case that demonstrated the
court's willingness to expand the right to life to include environmental protection was Rural
Litigation v. State of Uttar Pradesh.21 The court in T. Ramakrishna Rao v. Hyderabad
Urban Development22 took the idea one step further. Here, the court explicitly stated that the
right to a clean environment was a fundamental right: the slow poisoning of the atmosphere
caused by the environmental pollution and spoliation should be regarded as amounting to
violation of Article 21 of the Constitution…”

8
Thus, in India, the higher judiciary has interpreted Article 21 to give it an expanded
meaning of including the right to a clean, safe and healthy environment.

21
1985 AIR 652.
22
2002 (2) ALT 193.
Page 16 of 22
 PUBLIC INTEREST LITIGATION

“In India, PIL is purely a matter of constitutional law in which the writ jurisdiction of
the Supreme Court or any one of the provincial High Courts is invoked to enforce
fundamental rights. As a result of the activist approach taken by the judiciary, Article 21 of
the Constitution has been expanded to include a fundamental right to a clean and hygienic
environment23 as mentioned above. The expansion of PIL, not only the doctrinal expansion
but also the expansion from the human rights arena to the environmental arena, marked the
beginning of an activist Supreme Court.24 The range of issues addressed by PIL has been very
broad. It extends from compassion to animals,25 privileges of tribal people and fishermen,26 to
the ecosystem of the Himalayas and forests,27 eco-tourism, land- use patterns and vindication
of an eco-malady of a village,28 Courts have made use of powers conferred on them by
constitution through Article 32 and 226, to remedy past maladies, and check immediate and
future assaults on the environment. Environmental Law has developed a set of principles
which underpin its rules and are also forwarded by judiciary in India. These principles are
discussed below:”

The Polluter Pay Principle

“In M.C. Mehta v. Union of India,29 the SC formulated the doctrine of absolute
liability for harm caused by hazardous and inherently dangerous industry by interpreting the
scope of the power under Article 32, to issue directions or orders, whichever ever may be
appropriate in appropriate proceedings. The polluter is responsible for compensating and
repairing the damage caused by his omission. Absolute liability of hazardous and inherently
dangerous industry is the high water-mark of the development of polluter pays principle. But
despite its deterrent effect on potential polluters, the doctrine has limited effect as it can only
be applied at remedial stage i.e., after pollution has taken place. ”

Precautionary Principle

23
10
Supra note 12.
24
Bharat Desai, Enforcement of the Right to Environment Through Public Interest Litigation in India, 33 Indian
J. of Int’l L. 27, 28 (1993).
25
Satyavani and Ors. v. A.P. Pollution Control Board and Ors., AIR 1993 AP 257.
2613
AIR 1996 SC 2041.
27
Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1988 SC 2187.
28
AIR 1986 SC 1446.
29
AIR 1986 SC 1086.
Page 17 of 22
 “This principle was emphasized by the UN Commission on Environment and
Development. (UNCED), held in Rio De Janerio in the year 1992, signifies a preventive
approach. It states: In order to protect the environment, the precautionary approach shall be
widely applied by states according to their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be used as a reason for
postponing cost effective measures to prevent environmental degradation.30 Precautionary
principle was directly applied by SC in M.C. Mehta v. Union of India31 for protecting the
Taj Mahal from air pollution. Court, while observing damaging effect of industries located in
Taj Trapezium to the monument directed for their immediate elimination to prevent further
degradation of the wonder in marble.”

The principle of Sustainable Development

“Sustainable development32 is the development, which meets the needs and

aspirations of the present without compromising the ability of the future generations to meet
their needs. This is the most accepted definition of the term which was first adopted in the
Stockholm Declaration of 1972. Supreme court in Vellore Citizens Welfare Forum v Union
of India's33 expounded Sustainable Development as a balancing concept between ecology
and development has been accepted as a part of the Customary International Law though its
salient features have yet to be finalized by the International Law Jurists. India employs a
range of regulatory instruments backed by the principles of Sustainable Development for the
preservation and protection of its natural resources. Legislature has passed number of laws
for the protection of environment like, Environment Protection Act 1986, Water (Prevention
and Control of Pollution Act, 1974 and the Air (Prevention and Control of Pollution) Act
1981 etc. Apart from these; there are several other enactments, which complement the
provisions of basic enactments. The Environment Protection Act (EPA), 1986 came into
force soon after the Bhopal Gas Tragedy and is considered an Umbrella legislation as it fills
many gaps in the existing laws. Further in the case of Narmada Bachao Andolan v. Union of
India,34 the Supreme Court expounded the theory of Sustainable Development by holding the
view, A balance is required to be maintained in the development and protection of
environment. Every aspect of development should be based upon sustainability. Though
international and national laws and policies have already provided various guidelines; legal or

30
Principle 15.
31
AIR 1997 SC 734.
32
Brundtland G.H. (Chairman) 1987, Our Common Future, Report of the proceeding of the World Commission
on Environment and Development (WCED).
33
AIR 1996 SC 2715.
34
AIR 2000 SC 3751.
Page 18 of 22
executive, the concept of sustainable development still requires special attention and
emphasis to bring awareness among industrialists and others engaged in the exploitation of
natural and manmade resources for in the name of economic progress.”

Page 19 of 22
 CONCLUSION

“Since ages people of India have been conserving the natural heritage through various
means and in spite of being a developing country it has regulated its carbon emissions and
has effectively participated in International climate regime. The role played by the Supreme
Court of India in the projection and preservation of environment is outstanding. The concept
of materialism and paternalism being borne by the state but it is the judiciary. This organ of
the state has proved itself as the real custodian of the rights of people and understood
properly that without proper environment, rights cannot be enjoyed. ”

“Currently, the prime concern of India is its growing population whose fundamental
rights are to be ensured by the constitutional government besides subsidiary concerns of
preserving right to emit carbon dioxide and also the judiciary, which has failed to address
cost effectiveness and speedy trial, it takes years to get final verdict. These challenges should
be the priority and ideals of good governance should be followed by the governments, both
central and state. As for the judiciary it is required that separate environment courts should be
set up by respective state governments for adequate cognizance of environment related
issues. Individuals and companies should also generate plans which are environmental
friendly and only then can we protect ourselves from wrath of environmental disasters. ”

Page 20 of 22
 BIBLIOGRAPHY

STATUTES, CONVENTIONS OR PRINCIPLES-

 The Constitution of India, 1950
 Principle 1 of the Declaration of UN Conference on Human Environment, 1972
 The Environment Protection Act, 1986
 The Water (Prevention and Control of Pollution Act, 1974
 The Air (Prevention and Control of Pollution) Act 1981
 The Environment Protection Act (EPA), 1986

JUDGMENTS-
 M. K. Janardhanam v. District Collector, (2003)
 M.C. Mehta v. UOI, (2002)
 A.P. Pollution Control Board II v. M.V. Nayudu (2000)
 M.C. Mehta v. UOI, (1997)
 Rural Litigation and Entitlement Kendra v State of U.P., (1987)
 Rural Litigation v. State of Uttar Pradesh, (1985)
 T. Ramakrishna Rao v. Hyderabad Urban Development, (2002)
 M.C. Mehta v. Union of India, (1986)
 Vellore Citizens Welfare Forum v Union of India's, (1996)
 Narmada Bachao Andolan v. Union of India, (2000)
 Satyavani and Ors. v. A.P. Pollution Control Board and Ors., (1993)
 Rural Litigation and Entitlement Kendra v. State of U.P., (1988)

BOOKS & ARTICLES-

 P. Leelakrishnan, Environmental Law in India, Lexis Nexis Butterworths, 2000

 University Press, 2003) e. Roger W. Findley and Daniel A. Farber, Environmental
Law in a Nutshell, 5th ed.,
 A. Rosencranz, Divan S. & M. Noble, Tripathi Publishers, Environmental Law and
Policy in India: Cases, Materials and Statutes , 1991, 24
 Edith Brown Weiss, International Environmental Law: Contemporary Issues and the
Emergence of a New World Order, 81 GEO L.J. 675-84, (1993)
 CM Jariwala, Changing Dimensions of India Law, in P Leelakrishnan, Law and
Environment, 1992
Page 21 of 22
  V.K. Gupta, Kautliyan Jurisprudence, Delhi, 1987
 Kailash Thakur, Environmental Protection Law and Policy in India, 1999
 Paras Diwan, Environmental Protection: Issues and Problems in Environment
Administration, Law and Judicial Attitude, 1997
 Michael R. Anderson & Anees Ahmed, Assessing Environmental Damage Under
Indian Law, 4 RECIFEL, (1996)
 Brundtland G.H. (Chairman) 1987, Our Common Future, Report of the proceeding of
the World Commission on Environment and Development (WCED)

WEBSITES-
 https://www.manupatrafast.com/
 https://www.scconline.com/
 https://heinonline.org/HOL/Welcome
 https://indiankanoon.org/
 https://www.legitquest.com/
 https://www.academia.edu/

Page 22 of 22
 Similarity Report ID: oid:28625:31330907

11% Overall Similarity

Top sources found in the following databases:
10% Internet database 3% Publications database
Crossref database Crossref Posted Content database
10% Submitted Works database

TOP SOURCES
The sources with the highest number of matches within the submission. Overlapping sources will not be
displayed.

North East Independent School District on 2020-11-25

1 1%
Submitted works

caedes.net
2 1%
Internet

pdfcoffee.com
3 1%
Internet

cites.unia.es
4 <1%
Internet

watermark.silverchair.com
5 <1%
Internet

anthonydamato.law.northwestern.edu
6 <1%
Internet

britannica.com
7 <1%
Internet

legalserviceindia.com
8 <1%
Internet

Sources overview
 Similarity Report ID: oid:28625:31330907

The WB National University of Juridical Sciences on 2022-12-08

9 <1%
Submitted works

repository.law.umich.edu
10 <1%
Internet

Southern New Hampshire University - Continuing Education on 2022-0...

11 <1%
Submitted works

National Law University New Delhi on 2014-05-08

12 <1%
Submitted works

O. P. Jindal Global University on 2021-07-18

13 <1%
Submitted works

coursehero.com
14 <1%
Internet

library2.usask.ca
15 <1%
Internet

tndls.ac.in
16 <1%
Internet

Tamil Nadu National Law University on 2019-04-27

17 <1%
Submitted works

Ambedkar University Delhi on 2018-10-21

18 <1%
Submitted works

lawprofessors.typepad.com
19 <1%
Internet

Sources overview