NOTE NO.

ENVIRONMENT LAW
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 HISTORICAL ORIGIN OF ENVIRONMENT LAW, INTERNATIONAL AND

INDIAN JURISPRUDENCE.

 PROTECTION OF ENVIRONMENT IN ANCIENT INDIA AND DURING BRITISH

PERIOD.

 INTRODUCTION –

The Historical evolution of Environmental Protection can be traced from the

Ancient Period. During Moghul Rule in India, more special law was enacted to
control Environmental pollution.

During British Period, Environmental pollution control provisions were

incorporated in the Indian Penal Code and the Indian Easement Act. Only after
Independence, the Environmental law gained importance and many laws relating
to the Environmental Protection were passed by the Indian Legislature.

 ANCIENT LAWS RELATING TO ENVIRONMENTAL POLLUTION –

In Ancient Days, Society had paid more attention to protection of

environment. The concern for Environmental Protection in India can be traced
back to 321 and 300 B.C. The Kautilya’s Arthasasthra specified about
Environmental protection. Each individual had been under a duty of protecting
nature.

The Hindu Religion, the cultural and religious scripts of Indian and the Vedas
provided that man must save the five basic natural elements namely the Earth,
Water, Air, Fire and Space and he must not also destroy the vegetation, nor kill
animal.

Further, the Vedas say that man can take from earth as much as he puts back
to it. It also highlights the purity of water, protection of wild life, etc.

The Smiritis mention about optimum use of resources of the nature.

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 It is not only Hinduism, but also Buddhism, Islam, Chinese, Christianity etc.,
emphasize the need for protection of environment by minimum use of living and
non-living resources, the purity of water, love for fauna and flora and the need for
tree plantation.

In Ancient Time, Water, Animal and Plants were taken care of favourably and
each individual, in reality, had a duty of protecting the environment.

There is sufficiency for everything in the nature for the needs of human
being, but if man becomes greedy, then it is the starting point of destruction of
nature.

Much importance was given to rivers, trees, air, water, mountains, etc., even
in the ancient days. Certain Elements of nature were even worshipped as God.
Since Agriculture was the main activity, there was less chance of pollution of
environment i.e., air, water or land.

For Causing Injury to the Plants, different Punishments were prescribed in the
Smiritis. Kautilya’s Arthasasthra prescribed punishment for cutting important
trees, which were considered as incarnation of God.

Manu Code imposes Legal Duty on mankind to protect forest and if any one
damage forests then such person was punished

 ENVIRONMENTAL LAW DURING BRITISH PERIOD –

The British Government felt the need of legal control of environmental

pollution in the year 1860 and hence, decided to enact a law to control
environmental pollution. Thus the Macaulay’s Penal Code, 1860 was passed,
which later on became the Indian Penal Code.

Indian Penal Code, 1860 made various acts affecting Environment as Offences.
There were provisions which made certain acts as offence, if they affect the
public health, safety, convenience, decency and morals.

Further during the British Period, the following Major Acts were enacted to
protect environment from de-protection –

1. In 1882, the Indian Easement Act was enacted which provided many
provisions to prevent Water Pollution, Air Pollution and Environmental
Pollution.

2. In 1865, the first Indian Forest Act was enacted. Again in 1864, Forest
Policy was formulated.

3. In 1893, Northern India Canal and Drainage Act was passed.

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 4. In 1923, the Indian Boiler Act was passed.

5. In 1908, code of Civil Procedure was passed.

Further the Law of Tort provided many Remedies like Damages, Injuction,
Abatement of Nuisance, etc.,

 ENVIRONMENTAL LAW AFTER INDIAN INDEPENDENCE –

There was more awareness about hygienic and living environment and hence
there was rapid growth of legislation to control Environmental Pollution.

The following are the important enactments passed by the Legislature and
the State Legislature to protect the environment and also promote a living and
healthy environment -

1. Indian Constitution has played a major role in protection and

improvement of Environment protection as a Fundamental Duty of
citizens and also basic human right to live in a pollution free environment.

The Preamble, the three list – Union List, State List and Concurrent
list, the Constitutional obligation to implement International Covenants,
the Fundamental Duties, the Directive Principles of State Policy, the
Fundamental Rights speak about Environmental Protection and
implement.

2. The Environment Protection Act, 1986 was specifically enacted for the
protection of Environment.

3. The Air (Prevention and Control of Pollution) Act, 1981.

4. The Water (Prevention and Control of Pollution) Act, 1974

5. The Wild Life Protection Act, 1972.

6. The Prevention of Cruelty to Animals Act.

7. Biological Diversity Act, 2002.

8. Atomic Energy Act.

9. Indian Mines Act.

10.The Factories Act, 1948.

11.The Public Liability Insurance Act, 1991.

12.The National Environment Tribunal Act, 1995, are some of the important
Enactments in the Post Independent Period.
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  SOME IMPORTANT DEFINITIONS UNDER THE ENVIRONMENT
(PROTECTION) ACT, 1986

1. ENVIRONMENT (Section 2 (a))

"Environment/ includes/ Water, Air & Land/ and the inter-

relationship/ which exists/ among and between / Water, Air & Land/
& human beings, other living creatures, plants, micro-organism &
property".

2. ENVIRONMENT POLLUTANTS (Section 2 (b))

"Environment means/ any solid, liquid, gaseous substances/ present

in/ such concentration/ as may be/ or tend to be/ injurious to
environment"

3. ENVIRONMENTAL POLLUTION (Section 2 (c))

"Environmental pollution means/ the presence/ in the environment/ of

any/ environmental pollutants".

 ENVIRONMENTAL PROBLEM IN INDIA -

I. Those arising as a negative effects of the vary process of

development.

II. Those arising from conditions of poverty and under development

In India, due to rapid increase in urban population, industrialisation,

vehicle population, coastal area usage etc., the environmental pollution is on the
increase and India has been facing many environmental problems.

The REASONS for such increase in environmental problems are as follows

–

1. INCREASE IN URBAN POPULATION –

Urban development is due to high rate of industrialisation in urban areas.

The process of urbanisation has been accelerating in the State mainly because
native rural people have migrated to urban areas in search of employments.
Further, there is dearth of employment in rural areas. So in India, the urban
population has increased heavily from last 30 to 40 years.

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 This rapid increase in urban population has resulted in unplanned urban
development, increase in consumption patterns and higher demands for
transport, energy, other infrastructure facilities, thereby leading to pollution
problem in many places of the State.

2. INCREASE IN VEHICULAR GROWTH AND AIR POLLUTION –

Vehicle population in India has been increasing over the years mainly on
account of growing urbanisation, rising real per capital income and increasing
share of personalized mode of transport. The number of motor vehicles has
increased in India from 1999-2000. This has led to traffic congestion and release
of many toxic air pollutants into the atmosphere.

Particularly, the growth of two wheelers is increasing in a steep manner,

contributing of smoke units are being discharged into atmosphere every day by
the vehicles in India. Adulterated fuel adds another dimension to the problem
of pollution.

3. AIR POLLUTION –

In India, air pollution is widespread in urban areas where vehicles are the
major contributors and in a few other areas with a high concentration of
industrial and thermal power plants. Vehicular emissions are of particular
concern with the air pollution.

4. INCREASE IN INDUSTRIAL ACTIVITY –

India holds a prominent position in the industrial activities. But this

status has brought with it unwanted and unanticipated consequences such as
unplanned urbanisation, pollution and the risk of accidents.

The Central Pollution Control Board (CPCB) has identified seventeen

categories of industries as significantly polluting and the list includes highly air
polluting industries such as integrated iron and steel, thermal power plants,
copper/ zinc/ aluminium smelters, cement, oil refineries, petrochemicals,
pesticides and fertilizer units.

5. WATER POLLUTION -

Toxic chemicals used for agriculture and other purposes, solid wastes, oil
from garages and cleaning of vehicles, drainage from farms and manure, land
surface drainage, cattle washing, watering and dipping agricultural wastes, dust
fall, intrusion of sea water and many more such activities cause pollution of
water bodies in India.

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 6. COASTAL POLLUTION –

The major activities that are responsible for coastal pollution in India are
discharge and disposal of untreated domestic and industrial wastes, discharges
of coolant water, harbour activities such as , cargo handling, dumping of ship
wastes, spilling of cargo's chemicals and fishing activities.

7. SEWAGE POLLUTION –

In India, the river water is used downstream for irrigation or drinking by

people and animals. Contamination of the river has increasingly become a
serious problem in many of the river basins of the State. Many rivers in India
face serious pollution problems due to sewage.

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