International Environment Law
International Environment Law
International Environment Law
1. The Greenhouse Effect: Imagine Earth like a giant greenhouse. Sunlight enters
through the glass-like atmosphere, warming the surface. Normally, some of this heat
escapes back into space. However, certain gases in the atmosphere, called
greenhouse gases, trap some of this heat, acting like a blanket.
2. The Role of Greenhouse Gases: These gases naturally occur, but their
concentrations have increased significantly due to human activities like burning fossil
fuels (coal, oil, natural gas) and deforestation. Key greenhouse gases include:
The role of greenhouse gases in global warming is crucial. When sunlight reaches the
Earth's surface, it warms the surface and emits infrared radiation back into the
atmosphere. Greenhouse gases absorb and trap some of this outgoing infrared
radiation, preventing it from escaping into space. This process is often referred to as
the greenhouse effect. Without the greenhouse effect, Earth's surface temperature
would be significantly colder, making it uninhabitable for most forms of life.
Introduction: Ozone depletion, a phenomenon primarily associated with human activities, poses
significant threats to the environment and human health. The ozone layer, situated in the Earth's
stratosphere, plays a crucial role in shielding life on Earth from harmful ultraviolet (UV) radiation.
However, human-induced activities, such as the release of chlorofluorocarbons (CFCs) and other
ozone-depleting substances (ODS), have led to the thinning of this protective layer, resulting in a
range of adverse impacts on both the environment and human health.
Causes of Ozone Depletion: The primary culprits behind ozone depletion are human-made
chemicals known as ODS, which include chlorofluorocarbons (CFCs), halons, carbon tetrachloride,
and methyl chloroform. These substances contain chlorine and bromine atoms, which are
released into the atmosphere through various industrial processes, including the use of aerosol
propellants, refrigerants, solvents, and foam-blowing agents. Once released, these chemicals
migrate to the stratosphere, where they undergo chemical reactions, leading to the breakdown of
ozone molecules.
Consequences of Ozone Depletion: The thinning of the ozone layer has far-reaching
consequences for both the environment and human health. Increased exposure to UV radiation
due to ozone depletion has been linked to various adverse effects, including:
1. Skin Cancer: Elevated levels of UV radiation reaching the Earth's surface can cause skin
cancer, including melanoma and non-melanoma skin cancers, posing a significant health
risk to individuals exposed to sunlight for extended periods.
2. Eye Damage: UV radiation can also cause damage to the eyes, leading to conditions such
as cataracts, photokeratitis (snow blindness), and other ocular disorders.
3. Impact on Ecosystems: Ozone depletion can disrupt ecosystems by harming sensitive
organisms, including phytoplankton, coral reefs, and terrestrial plants. Phytoplankton, for
instance, serves as the foundation of marine food chains, and its decline can have
cascading effects on marine biodiversity.
4. Climate Change: While ozone depletion itself does not directly cause climate change, it
can influence atmospheric circulation patterns and contribute to shifts in climate
dynamics, amplifying the effects of global warming.
Solutions to Ozone Depletion: Addressing ozone depletion requires concerted efforts at the
global level, focusing on the reduction and eventual elimination of ozone-depleting substances.
Key strategies for mitigating ozone depletion include:
1. Montreal Protocol: The Montreal Protocol, an international treaty adopted in 1987, aims
to phase out the production and consumption of ozone-depleting substances. Through
the protocol, countries have committed to gradually phasing out the production and use
of ODS, leading to significant reductions in their atmospheric concentrations.
2. Transition to Ozone-Friendly Alternatives: Encouraging the adoption of ozone-friendly
alternatives to ODS, such as hydrofluorocarbons (HFCs) and hydrochlorofluorocarbons
(HCFCs), can help minimize ozone depletion while also mitigating climate change.
3. Public Awareness and Education: Raising awareness about the importance of the ozone
layer and the consequences of its depletion is crucial in fostering public support for
ozone protection measures. Education campaigns can empower individuals to make
informed choices regarding their consumption patterns and use of ozone-depleting
products.
4. Technological Innovation: Continued research and development of innovative
technologies can drive the transition towards ozone-friendly alternatives across various
industries. This includes advancements in refrigeration, air conditioning, and insulation
technologies that minimize the use of ODS.
Conclusion: Ozone depletion remains a pressing environmental issue with profound implications
for human health, ecosystems, and the global climate. Addressing this challenge requires
sustained international cooperation, stringent regulations, and the adoption of ozone-friendly
technologies and practices. By taking decisive action to reduce ozone-depleting substances, we
can safeguard the integrity of the ozone layer and protect the health and well-being of current
and future generations.
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Acid rain is a significant environmental issue that occurs when sulfur dioxide (SO2) and nitrogen
oxides (NOx) are emitted into the atmosphere and undergo chemical reactions with water vapor,
oxygen, and other compounds to form sulfuric acid and nitric acid. These acidic compounds then
fall to the Earth's surface in the form of rain, snow, fog, or even dry particles. The causes and
consequences of acid rain are multifaceted and can have wide-ranging impacts on ecosystems,
human health, and infrastructure. Here's a discussion of the causes and consequences:
Addressing the issue of acid rain requires concerted efforts to reduce emissions of sulfur dioxide
and nitrogen oxides through measures such as implementing cleaner technologies, improving
fuel quality standards, and promoting sustainable agricultural practices. Additionally, restoring
and rehabilitating affected ecosystems can help mitigate the impacts of acid rain on the
environment and human well-being.
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Sustainable development refers to development that meets the needs of
the present without compromising the ability of future generations to meet
their own needs. It encompasses economic, social, and environmental
aspects, aiming for a balance between development and preservation of
natural resources, biodiversity, and ecosystems.
The judiciary plays a crucial role in maintaining sustainable development
through several means:
Q. DO YOU THINK THE UNO HAS TO BE PROACTIVE ON ISSUES REGARDING HUMAN HEALTH
AND GLOBAL ENVIRONMENT. WHAT ARE THE STRETEGIES ADOPTED BY UNO TO PROTECT
WORLD ENVIRONMENT
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Yes, the United Nations (UN) plays a crucial role in addressing issues related to human health and
the global environment. The UN has several agencies, programs, and initiatives dedicated to
protecting the environment and promoting public health worldwide. Here are some strategies
adopted by the UN to address these issues:
Q. discuss
the role of NGOs in international conferences with regard to
environmental issues
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Non-Governmental Organizations (NGOs) play a crucial role in international
conferences focused on environmental issues. Here's an overview of their
roles and contributions:
Q. WRITE A SUMMARY ON THE NEED TO PROTECT AND PRESERVE THE ENDANGERED SPECIES .
WRITE THE OBJECT AND PURPOSE OF CONVENTION ON INTERNATIONAL TRADE OF WILD
FAUNA AND FLORA AND HOW DOES IT ADDRESS THE ISSUE ON TRADE OF ENDANGERED
SPECIES
The need to protect and preserve endangered species arises from the recognition of
their intrinsic value in biodiversity and ecosystems, as well as the ethical
responsibility to prevent their extinction. Endangered species play critical roles in
maintaining ecological balance, providing ecosystem services, and contributing to
scientific research and human well-being.
CITES operates by placing species into three appendices based on their conservation
status and the level of protection they require. Appendix I includes species
threatened with extinction, and trade in these species is generally prohibited except
in exceptional circumstances. Appendix II includes species that are not necessarily
threatened with extinction but may become so if their trade is not controlled.
Appendix III includes species that are protected in at least one country, which has
asked other CITES parties for assistance in controlling international trade.
1. Objectives of CITES:
a. Regulating International Trade: CITES aims to regulate and monitor the
international trade of endangered species to ensure that it does not threaten
their survival.
b. Conserving Biodiversity: By controlling trade in endangered species, CITES
contributes to the conservation of biodiversity and the preservation of
ecosystems.
c. Sustainable Use: CITES promotes the sustainable use of wild fauna and
flora by ensuring that trade does not exceed sustainable levels and does not
negatively impact species populations.
d. International Cooperation: The convention fosters international
cooperation among member countries to address common conservation
challenges and implement effective conservation measures.
2. Mechanisms of CITES:
a. Appendices: CITES categorizes species into three appendices based on
their conservation status:
• Appendix I: Includes species threatened with extinction, and trade in
these species is generally prohibited except in exceptional
circumstances.
• Appendix II: Includes species that are not necessarily threatened with
extinction but may become so if their trade is not regulated. Trade in
these species is allowed, but it requires permits to ensure it is
sustainable.
• Appendix III: Includes species that are protected in at least one country,
which has requested assistance from other CITES parties to control
international trade in these species.
b. Permit System: CITES operates a permit system to regulate international
trade in listed species. Parties must issue permits for the import, export, and
re-export of species listed in Appendices I and II. These permits ensure that
trade is legal and sustainable.
c. Enforcement: CITES encourages member countries to enforce its
regulations through domestic legislation and measures such as customs
controls, law enforcement, and penalties for illegal trade.
d. Monitoring and Reporting: Member countries are required to report on
their trade in CITES-listed species, enabling the monitoring of trade trends and
compliance with CITES regulations.
e. Technical Assistance and Capacity Building: CITES provides technical
assistance and capacity-building support to member countries to help them
implement the convention effectively. This includes training programs,
funding support, and sharing of best practices.
3. Addressing the Issue of Trade in Endangered Species:
a. Preventing Overexploitation: By regulating trade and ensuring sustainable
use, CITES helps prevent the overexploitation of endangered species for
commercial purposes.
b. Combatting Illegal Trade: CITES plays a crucial role in combating illegal
wildlife trade by establishing legal frameworks, promoting enforcement
measures, and enhancing international cooperation to tackle wildlife
trafficking networks.
c. Conservation Impact: Through its conservation efforts, CITES contributes
to the preservation of endangered species and their habitats, thereby
safeguarding biodiversity and ecosystem health.
Overall, CITES serves as a vital international agreement for protecting and preserving
endangered species by regulating trade, promoting sustainable use, and fostering
global cooperation in conservation efforts.
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The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal is a global treaty aimed at reducing the movements of hazardous waste between
nations, particularly from developed to less developed countries, and minimizing the risks
associated with such movements. Here are some salient features and important principles
accepted in the Basel Convention:
Salient Features:
1. Scope: The Basel Convention covers a wide range of hazardous wastes, including those
that are toxic, flammable, corrosive, and infectious, as well as certain categories of waste
with specific environmental hazards.
2. Control of Transboundary Movements: The convention regulates the transboundary
movements of hazardous wastes, requiring parties to obtain prior informed consent (PIC)
before exporting hazardous wastes to other countries.
3. Environmentally Sound Management: The convention emphasizes the importance of
environmentally sound management (ESM) of hazardous wastes, encouraging parties to
minimize the generation of such wastes, promote recycling and reuse, and ensure safe
disposal methods.
4. Prior Informed Consent (PIC) Procedure: The PIC procedure involves the exchange of
information between exporting and importing countries regarding proposed shipments
of hazardous wastes. The importing country has the right to consent or refuse the import,
based on the information provided.
5. Liability and Redress: The Basel Convention establishes principles of liability and redress
for damage caused by the transboundary movement and disposal of hazardous wastes. It
encourages parties to develop national legislation to hold parties accountable for such
damage.
Important Principles:
1. Sovereignty: The principle of sovereignty emphasizes the right of each state to control
the generation, storage, treatment, and disposal of hazardous wastes within its
jurisdiction.
2. Environmental Protection: The convention prioritizes the protection of human health and
the environment from the adverse effects of hazardous wastes, promoting measures to
prevent pollution and minimize risks.
3. Sustainable Development: The Basel Convention recognizes the importance of integrating
environmental protection and sustainable development goals, aiming to achieve a
balance between economic development and environmental conservation.
4. Proximity Principle: The proximity principle encourages parties to dispose of hazardous
wastes as close to the source of generation as possible, reducing the risks associated with
long-distance transport and promoting local responsibility for waste management.
5. Polluter Pays Principle: The polluter pays principle holds parties responsible for the costs
associated with the management and disposal of hazardous wastes, shifting the financial
burden from the public to the polluters.
Overall, the Basel Convention represents a significant international effort to address the
challenges posed by hazardous waste management and promote cooperation among nations to
ensure the environmentally sound management of such wastes.
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Climate justice as a concept emerged from various social movements and
environmental advocacy groups seeking to address the unequal
distribution of the impacts of climate change, particularly affecting
vulnerable communities and regions. While there isn't a single document or
law from 2002 specifically outlining the objects and reasons for climate
justice, the idea gained momentum through international discussions,
grassroots activism, and academic discourse during that time period.
The principles of climate justice aim to ensure that the burdens of climate
change are equitably distributed and that vulnerable populations are not
disproportionately affected. These principles emphasize the following:
While the concept of climate justice has been discussed and advocated for
since at least the early 2000s, there isn't a single established institution or
body solely dedicated to climate justice. Instead, climate justice principles
are integrated into various international agreements, policies, and advocacy
efforts related to climate change mitigation and adaptation.
For instance, the Paris Agreement, established in 2015 under the United
Nations Framework Convention on Climate Change (UNFCCC),
acknowledges the importance of equity and climate justice in its preamble
and includes provisions for supporting vulnerable countries and
communities. Additionally, numerous grassroots organizations, NGOs, and
academic institutions work to advance climate justice principles through
research, advocacy, and community organizing at local, national, and
international levels.
2. Climate Change: Climate change refers to long-term shifts in global or regional climate
patterns, primarily due to human activities such as burning fossil fuels, deforestation, and
industrial processes that release greenhouse gases into the atmosphere. These gases, such as
carbon dioxide and methane, trap heat, leading to the warming of the Earth's surface and altering
weather patterns, sea levels, and ecosystems. Climate change poses significant threats to human
societies and ecosystems, including extreme weather events, sea-level rise, loss of biodiversity,
and disruptions to agriculture and water resources. Addressing climate change requires global
cooperation, mitigation efforts to reduce greenhouse gas emissions, adaptation strategies to
cope with its impacts, and sustainable practices to transition to a low-carbon economy.
4. Public Trust Doctrine: The public trust doctrine is a legal principle that holds the government
responsible for protecting and managing certain natural resources for the benefit of the public. It
originated from Roman law and has been incorporated into the legal systems of many countries,
particularly concerning navigable waters, coastal areas, and other significant natural resources.
The doctrine stipulates that certain resources, such as air, water, wildlife, and public lands, are
held in trust by the government on behalf of the public, and it has a duty to ensure their
preservation and sustainable use for current and future generations. The public trust doctrine
serves as a legal basis for environmental conservation and has been invoked in various legal
cases to challenge actions that threaten public resources or environmental quality.
While Agenda 21 does address environmental concerns, including climate change, it is not
specifically focused solely on climate change. Instead, it covers a wide range of issues related to
sustainable development, including biodiversity, poverty, consumption patterns, and more.
With regards to climate change, Agenda 21 promotes actions to mitigate greenhouse gas
emissions, adapt to climate impacts, and promote sustainable energy sources. It emphasizes the
importance of international cooperation in addressing climate change and calls for the
involvement of various stakeholders, including governments, businesses, NGOs, and
communities.
Since its adoption, Agenda 21 has served as a guiding framework for sustainable development
efforts around the world. However, its implementation varies from country to country, and
progress has been uneven. Despite this, many initiatives and policies aimed at addressing climate
change and promoting sustainable development can trace their roots back to the principles
outlined in Agenda 21.
Q. GIVE
A BRIEF DESCRIPTION OF ALL ENVIRONMENTAL CONVENTIONS
FROM STOCKHOLM TO JOHANNESBURG
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Sure, here's a brief description of major environmental conventions from
Stockholm to Johannesburg:
1. Stockholm Conference (1972) - The United Nations Conference on
the Human Environment, held in Stockholm, Sweden, marked the
beginning of global environmental governance. It resulted in the
creation of the United Nations Environment Programme (UNEP) and
raised awareness about environmental issues at an international level.
2. Vienna Convention for the Protection of the Ozone Layer (1985) - The
Vienna Convention laid the foundation for international cooperation
to protect the ozone layer. It led to the subsequent Montreal
Protocol, which aimed to phase out the production and consumption
of ozone-depleting substances.
3. Montreal Protocol on Substances that Deplete the Ozone Layer
(1987) - This landmark international agreement aimed to phase out
the production and use of ozone-depleting substances (ODS). It has
been highly successful in protecting the ozone layer and mitigating
global climate change.
4. United Nations Framework Convention on Climate Change (UNFCCC)
(1992) - The UNFCCC is an international treaty aimed at stabilizing
greenhouse gas concentrations in the atmosphere to prevent
dangerous human interference with the climate system. It sets the
framework for annual meetings known as Conference of the Parties
(COP) to assess progress and negotiate further actions.
5. Convention on Biological Diversity (CBD) (1992) - The CBD aims to
conserve biodiversity, sustainably use its components, and ensure the
fair and equitable sharing of benefits arising from genetic resources.
It highlights the importance of biodiversity for sustainable
development.
6. Kyoto Protocol (1997) - An extension of the UNFCCC, the Kyoto
Protocol legally binds developed countries to greenhouse gas
emission reduction targets. It introduced mechanisms such as
emissions trading and Clean Development Mechanism (CDM) to
promote mitigation efforts.
7. Cartagena Protocol on Biosafety (2000) - This protocol supplements
the CBD and aims to ensure the safe handling, transport, and use of
living modified organisms (LMOs) resulting from modern
biotechnology that may have adverse effects on biological diversity.
8. Johannesburg Declaration (2002) - The World Summit on Sustainable
Development (WSSD), held in Johannesburg, South Africa, aimed to
address sustainable development challenges. The Johannesburg
Declaration emphasized the need for a balanced integration of
economic development, social development, and environmental
protection.
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The Stockholm Conference, also known as the United Nations Conference
on the Human Environment, was held in Stockholm, Sweden, from June 5 to
June 16, 1972. It marked a significant turning point in international efforts
to address environmental issues on a global scale. Several important
principles emerged from the conference, which laid the groundwork for
subsequent environmental treaties and agreements. Here are some of the
key principles:
UNEP
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The United Nations Environment Programme (UNEP) is the leading global environmental
authority that sets the global environmental agenda, promotes the coherent implementation of
the environmental dimension of sustainable development within the United Nations system, and
serves as an authoritative advocate for the global environment. UNEP was established in 1972
and has its headquarters in Nairobi, Kenya. It works with governments, the private sector, civil
society, and other UN entities to address environmental issues such as climate change,
biodiversity loss, pollution, and sustainable consumption and production. UNEP also produces
reports, conducts research, and provides technical assistance to countries to help them address
environmental challenges.
1. Judicial Activism: The Supreme Court of India has been known for
its proactive approach in addressing environmental issues through
Public Interest Litigations (PILs). It has often intervened to ensure
compliance with environmental laws, prevent environmental
degradation, and promote sustainable practices. Landmark cases
such as MC Mehta v. Union of India, which led to the closure of
polluting industries in Delhi, demonstrate the Court's commitment to
environmental protection.
2. Interpreting and Enforcing Environmental Laws: The Supreme
Court plays a crucial role in interpreting environmental laws and
ensuring their effective implementation. It clarifies legal ambiguities,
resolves disputes, and provides guidance on environmental
regulations to various stakeholders, including the government,
industries, and citizens.
3. Protection of Natural Resources: The Court safeguards natural
resources like forests, rivers, and wildlife by adjudicating cases related
to their conservation and management. It has issued directives to halt
activities such as illegal mining, deforestation, and encroachment on
ecologically sensitive areas, thereby preserving vital ecosystems for
future generations.
4. Promotion of Environmental Justice: The Supreme Court
endeavors to uphold principles of environmental justice by ensuring
that marginalized communities have access to clean air, water, and a
healthy environment. It often takes into account the disproportionate
impact of environmental degradation on vulnerable populations and
strives to mitigate environmental inequalities through its judgments.
5. Advancing Sustainable Development Goals (SDGs): Through its
decisions and directives, the Supreme Court contributes to the
achievement of various Sustainable Development Goals outlined by
the United Nations. These goals encompass areas such as climate
action, biodiversity conservation, poverty alleviation, and social
equity, all of which are integral to sustainable development.
6. Setting Precedents and Standards: The Court's rulings serve as
precedents that influence future legal proceedings and government
policies concerning environmental issues. By establishing standards
for environmental protection and sustainable development, the
Supreme Court shapes the legal framework and institutional
mechanisms aimed at fostering a more sustainable society.
7. Public Awareness and Accountability: Supreme Court cases related
to environmental matters often receive extensive media coverage,
raising public awareness and fostering civic engagement in
environmental conservation efforts. Additionally, the Court's scrutiny
of government actions and policies ensures greater accountability in
environmental governance, encouraging transparency and
responsible decision-making.
You
STATE SOME IMPORTANT CASES BEFORE THE SUPREME COURT OF INDIA
IN THIS MATTER
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Certainly! There have been several landmark cases before the Supreme
Court of India that have significantly shaped environmental jurisprudence
and contributed to sustainable development. Here are some important
ones:
These cases illustrate the Supreme Court's active role in addressing diverse
environmental challenges and promoting sustainable development through
its judgments and directives.
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Q. STATE
THE INTERNATIONAL LAW FOR POLLUTER PAYS PRINCIPLE AND
PRECAUTIONERY PRINCIPLE. DISCUSS GIVING SPECIFIC REFERENCES TO
CASES DECIDED BY SUPREME COURT OF INDIA
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The "Polluter Pays Principle" and the "Precautionary Principle" are two
important concepts in international environmental law.
The process begins when acid rain comes into contact with the marble
surface of the Taj Mahal. The calcium carbonate (CaCO3) present in the
marble reacts with the sulfuric and nitric acids in the rain, forming soluble
calcium sulfate (CaSO4) and calcium nitrate (Ca(NO3)2). These soluble
compounds are then washed away by subsequent rainfall or can be
removed by cleaning efforts.
The continual exposure to acid rain accelerates the erosion and weathering
of the marble, leading to the loss of fine details and the gradual
deterioration of the monument's aesthetic appeal. Additionally, the reaction
products deposited on the surface can create stains and discoloration,
further diminishing the Taj Mahal's visual splendor.
To combat the effects of acid rain and other forms of pollution on the Taj
Mahal, various preservation efforts have been undertaken. These include
measures such as regular cleaning, application of protective coatings, and
controlling industrial emissions in the surrounding area to reduce the
pollutants that contribute to acid rain formation.
The case of the Taj Mahal serves as a poignant example of the detrimental
impact of acid rain on cultural heritage sites and underscores the
importance of addressing air pollution on both local and global scales to
safeguard our architectural treasures for future generations.
You
DISCUSS SUPREME COURT OF INDIA JUDGEMENT IN THIS REGARD
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The Supreme Court of India has played a significant role in addressing the
issue of pollution affecting the Taj Mahal. Over the years, the court has
issued several judgments and directives aimed at protecting and preserving
this iconic monument from various sources of environmental degradation,
including acid rain.
One notable judgment in this regard is the Taj Trapezium Case (MC Mehta
vs. Union of India & Ors.), which originated in 1984. The case was filed by
environmental activist MC Mehta to address pollution in the Taj Trapezium
Zone (TTZ), an area surrounding the Taj Mahal known for its high level of
air pollution.
In its judgment, the Supreme Court recognized the severe threat posed by
pollution to the Taj Mahal and its surroundings. The court issued a series of
directives to mitigate pollution in the TTZ and protect the monument,
including:
These directives issued by the Supreme Court have played a crucial role in
improving the environmental conditions in and around the Taj Mahal.
However, challenges remain, and ongoing efforts are needed to ensure the
long-term preservation of this cultural heritage site in the face of evolving
environmental threats, including acid rain. The Supreme Court's
interventions in this regard highlight its proactive role in safeguarding
India's cultural and environmental heritage.
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Environment and life are interrelated. The existence of life on earth depends on the
harmonious relationship between ecosystem and environment. Especially homo-sapiens
have very close interaction with nature. Human beings are at the centre of concerns for
sustainable development and that they are entitled to a healthy and productive life in
harmony with nature.
In the long evolution of the human race on this planet, a stage has been reached when,
through the rapid acceleration of science and technology, we have acquired the power to
transform our environment in countless ways and on an unprecedented scale. Humanity's
capacity to transform its surroundings, if used wisely and with respect to the ways of nature,
can bring to all communities the opportunity to enhance the quality of life. Wrongly or
heedlessly applied, or applied in iniquitous ways, the same power can do incalculable harm
to human beings and their environment. We see around us growing evidence of human-
caused harm in many regions of the earth the dangerous levels of pollution in water, air,
earth and living beings; destruction and depletion of irreplaceable life forms and natural
resources; major and undesirable disturbances in the earth's climate and protective layers;
gross deficiencies, harmful to physical, mental and social health, in the living and working
environments of humans, especially in cities and industrial complexes.
'ecosystem people' (people depending on the natural environments of their own locality to
meet most of their material needs) [1], natural resources are the base of survival and
livelihoods. Their material and economic sustenance largely depends on these. In India
alone, around 70% of the population directly depends on land-based occupations, forests,
wetlands and marine habitats, for basic subsistence requirements with regard to water,
food, fuel, housing, fodder and medicine as also for ecological livelihoods & cultural
sustenance. Given this close interdependence of humans and their environment, it is not
surprising that the culture of societies is so greatly influenced by their environment. They
seek inspiration, knowledge, spirituality and aesthetics within their natural surroundings.
But it is not only 'ecosystem people' who are dependent on the natural environment. It is all
humans, even the rich urban resident in Paris or Washington who may be under the
delusion that s/he is buffered by the props of modern technology. In the growing cities of
the industrializing world, millions of residents of all classes are now prone to lung and skin
diseases, water-borne illnesses, and congenital abnormalities from toxics in their food and
water, some of which may have originated hundreds of kilometers away. [2]
Life and Environment: Life, livelihoods, culture and society, are fundamental aspects of
human existence - hence their maintenance and enhancement is a fundamental human
right. Destruction of environment and thereby of the natural resources, is therefore, a
violation or leads to the violation of human rights - directly by undermining the above
aspects of human existence, or indirectly by leading to other violations of human rights, for
example through social disruption, conflicts and even war. Conversely, human rights
violations of other kinds can lead to environmental destruction, for instance, displacement
by social strife/war can cause environmental damage in areas of relocation; or breakdown
in sustainable common property management. The manifestations of such violations
present themselves through a loss of access to clean air and water; loss of access to
productive land; loss of energy sources and biomass; loss of food and health security; social
and economic marginalization; and physical displacement. Several hundred million people
have been increasingly forced to live far below the minimum levels required for a decent
human existence, deprived of adequate water, food, clothing, shelter and education, health
and sanitation. Development, which was supposed to alleviate such problems, has often
increased them, especially by allowing the powerful sections of society to appropriate the
natural resources of poor and resource-dependent people. [3]
Environment and Indian Constitution: The backbone of these is relevant provisions in India's
Constitution. The Constitution of India, 1950, did not include any specific provision relating
to environment protection or nature conservation. Presumably, the acute environmental
problems being faced now in the country were not visualized by the framers of the
Constitution. However, the past five decades have witnessed two major developments in
this connection. The first development took place when the Constitution (Forty-second
Amendment) Act, 1976, was adopted in the mid-seventies. Specific provisions relating to
certain aspects of the environment, more especially for the protection of the forests and
wildlife in the country, were incorporated in Part IV- Directive Principles of the State Policy -
and List III - The Concurrent List - of the Seventh Schedule of the Constitution. As a result,
the Constitution has now the following provisions specifically relating to environment
protection and nature conservation: Part IV: Directive Principles of State Policy (Article 48A):
Protection and improvement and safeguarding of forests and wild life: The State shall
endeavour to protect and improve the environment and to safeguard the forests and wild
life of the country. Part IV-A: Fundamental Duties (Article 51-A): It shall be the duty of every
citizen of India - (g) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures. Seventh Schedule (Article
246) List III - Concurrent List Item no. 17 Prevention of cruelty to animals, Item no. 17A
Forests, Item no. 17B Protection of wild animals and birds.[5]
Article 21 and Right to Pollution free environment: The second major development has been
the jurisprudence arising from certain remarkable judicial pronouncements in recent years,
more specially relating to Article 21 of the Constitution dealing with 'the right to life'. If one is
asked which is the most important of all the articles in the Indian Constitution, one can only
say - Article 21, which says no persons shall be deprived of his life and liberty - which is the
guiding light of India. All the other articles are subservient to this. In other words all articles
have been formulated for keeping up this theme song of the Indian Constitution — 'life and
liberty' — no person - not just a citizen — no person in India shall be deprived of life and
liberty. It is not included as a mere platitude because over the years this article, which was a
throbbing article, which was the most dynamic of all articles gathered flesh and with the
help of Article 21 - the life and liberty of individuals are protected. [6] Article 21 is the
celebrity provision of the Indian Constitution and occupies a unique place as a fundamental
right for the people of India. It protects the life and personal liberty. It envisages and aims
that no person shall be deprived of his life or personal liberty except to a procedure
established by law. Here, right to life includes right to health, right to food, right to pollution
free environment, etc. In simple words, Article 21 provides an inbuilt guarantee to a person
for right to live with human dignity.
Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or
personal liberty except according to procedures established by law.' Article 21 is the heart of
all other fundamental rights. Article 21 has very expansive scope and has immense content
into of with lesser words. Law is never still, it is ever evolving and ever changing accordingly
to meet the challenges of time. Therefore constitution provisions, especially fundamental
rights and in particular Article 21 has been broadly construed by the judiciary. The court
attempted to expand the reach and ambit of Article 21 rather than accentuate their
meaning and content by judicial construction. Thus the judiciary broadened the concept of
life, extended the scope of personal liberty so as to include within itself all the varieties of
rights which go to making the personal liberties of man. Basic principles were compiled to
understand procedure established by law. The judiciary has resolved most of the
environmental cases where they considered right to good environment as fundamental for
life and upheld as fundamental right. Thus we can consider article 21 as mandate for life
saving environment. This article focuses on some of the landmark cases that have a bearing
on the person's right to life and right to pollution free environment.
The constitution makers themselves construct the fundamental rights in its broad sense
especially to right to life. The Supreme Court of India has given essence to the right so that
every person can enjoy life to its fullest extent. The Indian Supreme Court came out of the
shackles of mechanical and rule bound justice and provided impetus to the expanded
horizons of the fundamental right to life and personal liberty guaranteed in Article 21. Two
methods are used by Supreme Court to strengthen Article 21 and to interpret
unenumerated rights under Article 21, it required laws affecting personal liberty to pass the
tests of Article 14 and 19 of the constitution, there by ensuring that the procedure depriving
a person of his or her personal liberty be reasonable, fair and just. The court recognized
several matriculated rights that were implied by Article 21. It is by this method the Supreme
Court interpreted the right to life and personal liberty to include the right to wholesome
environment and all other rights. Thus Courts have undertaken to explicate the
development of ideology of environment as being part of the right to life by various judicial
pronouncements.
The judicial craftsmanship attempted to expand the reach and ambit of Article 21 rather
than accentuate their meaning and content by judicial construction. Thus the judiciary
broadened the concept of life. Thus extended the scope of personal liberty so as to include
within itself all the varieties of rights which go to make the personal liberties of man. Right
to life extended its scope to include right to wholesome environment and right to
sustainable development. Indian democracy wedded to rule of law aims not only to protect
fundamental rights of its citizens but also to establish an egalitarian order. Law being an
instrument of social engineering obliges the judiciary to carry out the process established by
it.
Judicial Interpretation to Right to Life and Environment: The right to healthy environment
has been incorporated, directly or indirectly, into the judgments of the court. Link between
environmental quality and the right to life was first addressed by a constitutional bench of
the Supreme Court in the Charan Lal Sahu Case [7] In 1991, the Supreme Court interpreted
the right to life guaranteed by article 21 of the Constitution to include the right to a
wholesome environment.
In Subash Kumar, [8] the Court observed that 'right to life guaranteed by article 21 includes
the right of enjoyment of pollution-free water and air for full enjoyment of life.' Through this
case, the court recognized the right to a wholesome environment as part of the
fundamental right to life. This case also indicated that the municipalities and a large number
of other concerned governmental agencies could no longer rest content with
unimplemented measures for the abatement and prevention of pollution. They may be
compelled to take positive measures to improve the environment. This was reaffirmed in
M.C. Mehta v. Union of India.[9]The case concerned the deterioration of the world
environment and the duty of the state government, under article 21, to ensure a better
quality of environment. the Supreme Court has held that life, public health and ecology have
priority over unemployment and loss of revenue. The Supreme Court ordered the Central
government to show the steps they have taken to achieve this goal through national policy
and to restore the quality of environment. In another case,[10]the Supreme Court dealt with
the problem of air pollution caused by motor vehicle operating in Delhi.
It was a public interest petition and the court made several directions towards the Ministry
of Environment and Forests. Decisions such as this indicate a new trend of the Supreme
Court to fashion novel remedies to reach a given result, although these new remedies seem
to encroach on the domain of the executive.[11]
In Shanti Star Builders vs. Narayan Totame.[12], the Supreme Court held that right to life
is guaranteed in a civilized society would take within its sweep the right to food, the right to
clothing, the right to decent environment and a reasonable accommodation to live in.
In Subhash Kumar vs. State. of Bihar- (1991) 1 SCC 598, the Supreme Court held that right
to life is a fundamental right under Art. 21 of the Constitution and it include the right to
enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or
impairs that quality of life in derogation of laws a citizen has recourse to Art.32 of the
Constitution for removing the pollution of water or air which may be detrimental to life.
In M. C. Mehta vs. Union of India 1987 SCR (I) 819 (the Oleum Gas Leak case), the Supreme
Court established a new concept of managerial liability - 'absolute and non-delegable' - for
disasters arising from the storage of or use of hazardous materials from their factories. The
enterprise must ensure that no harm results to anyone irrespective of the fact that it was
negligent or not.
In Vellore Citizens Welfare Forum vs. Union of India, AIR 1996 SC 2715, the Supreme
Court held that industries are vital for the country's development, but having regard to
pollution caused by them, principle of 'Sustainable Development' has to be adopted as the
balancing concept. 'Precautionary Principle' and 'Polluter Pays Principle' has been accepted
as a part of the law of the country.[13]
In Indian Council of Enviro-Legal Action vs. Union of India, 1996 3 SCC 212 (the Bichhri
pollution case), following the decision in the Oleum Gas leak case and based on the polluter
pays principle, the polluting industries were directed to compensate for the harm caused by
them to the villagers in the affected areas, specially to the soil and to the underground
water. Enunciating the doctrine of 'Public Trust' in M. C. Mehta vs. Kamal Nath (1997) 1
SCC 388, the SC held that resources such as air, sea, waters and the forests have such a
great importance to the people as a whole that by leasing ecologically fragile land to the
Motel management, the State Government had committed a serious breach of public trust.
The changing trajectory of environmental rights in India, from a historical perspective Active
judicial intervention by NGOs, community groups, and others, have also set a series of
important precedence's that go beyond what the bare laws provide. There are many
initiatives in Public Interest Litigation (PIL). Some of these include the cases against the
construction of the Tehri Dam (Tehri Bandh Virodhi Sangharsh Samiti vs. State of Uttar
Pradesh, 1992 SUP (1) SCC 44) and Narmada Dams (Narmada Bachao Andolan vs. Union
of India AIR 1999 SC 3345); against deforestation (T. N Godavarman Thirumulpad vs.
Union of India, 2000 SC 1636, a case that has since then spawned dozens orders pertaining
to forests in India); against mining in the Aravallis (Tarun Bharat Sangh, Alwar vs. Union of
India 1992 SC 514, 516); against mining in the Dehra Dun hills (Rural Litigation and
Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, 1985 SC 652); against mining in
adivasi lands of Andhra Pradesh (Samatha vs. State of Andhra Pradesh, 1997, a judgment
with important consequences for acquisition or use of adivasi lands elsewhere too); on
implementation of the Wild Life (Protection) Act 1972 (WWF vs. Union of India, WP No
337/95); on implementation of Coastal Regulation Zone measures (Indian Council for Enviro-
Legal Action vs. Union of India, 1996(3) 579); on protection of the coastal area against
destructive practices (Prof.Sergio Carvalho vs. The State of Goa, 1989 (1) GLT 276); on the
right of citizens to inspect official records (this was before the Right to Information Act came
into force) (Goa Foundation vs. North Goa Planning and Development Authority.
1995(1) GLT 181); against forest logging and other environmental aspects of Andaman and
Nicobar Islands. The judgments in other cases have set important precedents and directions
for the further development of policy, law and practice.
For instance, the Godavarman and the WWF vs Union of India cases have led to the
orders that no forest, National Park or Sanctuary can be dereserved without the
approval of the Supreme Court, no non-forest activity is permitted in any National
Park or Sanctuary even if prior approval under the Forest (Conservation) Act, 1980
had been obtained, New authorities, committees and agencies have been set up
such as the Central Empowered Committee (CEC) and the Compensatory
Afforestation Management and Planning Agency.
Some judgments not directly related to environmental cases, also have significant
implications for the struggle to establish environment as a human right. Mention
should especially be made of a number of cases in which the Constitutional Right to
Life (Article 21) has been interpreted widely to include a series of basic rights that
include environment and livelihoods.
In Francis Coralie vs. Union Territory of Delhi (AIR 1981 SC 746), Justice Bhagwati
observed: We think that the right to life includes the right to live with human dignity
and all that goes along with it, namely, the bare necessaries of life such as adequate
nutrition, clothing and shelter over the head and facilities for reading, writing and
expressing oneself in diverse forms, freely moving about and mixing and co-mingling
with fellow human beings.
In Shantistar Builders vs. Narayan Khimalal Totame (AIR 1990 SC 630), the
Supreme Court said: Basic needs of man have traditionally been accepted to be
three - food, clothing, and shelter. The right to life is guaranteed in any civilized
society. That would take within its sweep the right to food, the right to clothing, the
right to decent environment and a reasonable accommodation to live in.
In Olga Tellis case (AIR 1986 SC 180) the Supreme Court observed An important facet
of that right is the right to livelihood because, no person can live without the means
of living, that is, the means of livelihood. If the right to livelihood is not treated as a
part of the constitutional right to life, the easiest way of depriving a person of his
right to life would be to deprive him of his means of livelihood to the point of
abrogation…. That which alone makes it possible to live, leave aside what makes life
livable, must be deemed to be an integral component of the right to life.
environmental crisis is causing enormous disruption of lives and livelihoods,
threatening the collapse of its entire life-support system.
The poor and dis privileged classes of humans and the other non-human species
unfortunately have to bear the main brunt of these environmental problems.
Ironically, the crisis is rooted deep in social, economic and political structures, more
specifically in relations of inequity of three kind's Intra-generational inequity, Intra-
generational inequity, and Inter-species inequity. Inequities in the relations between
people and countries have also allowed the imposition of unsustainable and
destructive models of 'development'. The process of 'development' has been
characterised by the massive expansion of energy and resource-intensive industrial
and urban activity, and major projects like large dams, commercial forestry, and
mining and chemical-intensive agriculture. The resource demand for the economic
progress of a minority of people has lead to the narrowing of the natural resource
base for the survival of the economically poor and powerless. This has happened
either by direct transfer of resources into cities and industrial complexes, or by the
destruction of life-support systems for rural communities everywhere.
In Re Noise Pollution (V) [14] the cries of a rape victim for help went unheeded in the
blaring noise of loudspeaker in the neighborhood. The victim committed suicide.
Public interest litigation was filed. The court said that article 21 of the constitution
guarantees life and personal liberty to all persons… it guarantees a right of persons
to life with human dignity. Therein are included, all the aspects of life which go to
make a person's life meaning full, complete and worth living. The human life has its
charm and there is no reason why the life should not be enjoyed along with all
permissible pleasures. Any one who wishes to live in peace, comfort and quiet within
his house has a right to prevent the noise as pollutant reaching him. No one can
claim a right to create noise even in his own premises which would travel beyond his
precincts and cause nuisance to neighbours or others. Any noise which has the
effect of materially interfering with the ordinary comforts of life judged by the
standard of a reasonable man is nuisance. How and when a nuisance created by
noise becomes actionable has to be answered by reference to the degree and the
surrounding circumstances, the place and the time.
Conclusion:
Such wide interpretations of Article 21 by the Supreme Court have over the years
become the bedrock of environmental jurisprudence, and have served the cause of
protection of India's environment (and to a lesser extent, of livelihoods based on the
natural environment). Adding to this is a large number of laws relating to
environment, enacted over the last few decades However, a number of groups have
also pointed out that the Constitution is deficient in that it does not explicitly provide
for the citizen's right to a clean and safe environment. In a recent submission to the
committee set up to review the Constitution, these groups have proposed a number
of amendments to the Constitution, for ensuring environment protection and nature
conservation. These include: Recognition and incorporation of Environmental Rights
as separate and independent Fundamental Rights in the Constitution of India. These
follow from the above-mentioned interpretation to the term 'Right to Life', as given
by the Supreme Court.
This could be further specified to include right to clean drinking water, and to a clean
and pollution-free environment. Replacement, within the Directive Principles of State
Policy, of the term 'forest' by the term 'life supporting natural ecosystems', The
reason for this suggestion is that the Courts and other authorities, including the
forest departments, have been interpreting the term forest to mean land with trees.
As a result, land without trees is not considered as a forest and there is a lack of
interest in protecting other important ecosystems such as grasslands, deserts,
marshes, mangrove, etc.
With the better understanding of these diverse ecosystems and their importance to
humankind there is a need to preserve them. Incorporation, within the Fundamental
Duties, the responsibility of panchayats and municipalities to give due regard to
ecological aspects and to protect the environment, including life supporting natural
ecosystems such as forests, rivers and lakes, and wild life, in the preparation of plans
for economic development and social justice. This would also necessitate
incorporation, into the Eleventh Schedule relating to the Panchayats, an item for
protection of the environment and the promotion of ecological aspects.
Q. DISTINGUISH
BETWEEN INSITU CONSERVATION AND EXSITU
CONSERVATION GIVING SUITABLE EXAMPLES ON INDI'S CONTEXT
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In-situ conservation and ex-situ conservation are two primary approaches
to preserving biodiversity, each with its own methods and applications.
Here's a distinction between the two with examples from India:
Key Differences:
• Location:
• In-situ: Conservation within natural habitats.
• Ex-situ: Conservation outside natural habitats.
• Approach:
• In-situ: Focuses on maintaining ecosystems and habitats.
• Ex-situ: Focuses on maintaining populations or genetic diversity
outside their natural habitats.
• Examples:
• In-situ: Projects like wildlife sanctuaries, national parks, and
conservation reserves.
• Ex-situ: Zoos, botanical gardens, gene banks, seed banks.
• Purpose:
• In-situ: Preserving natural habitats and ecosystems.
• Ex-situ: Safeguarding genetic diversity or species when in-situ
conservation is not feasible.
One of the major results of the Stockholm conference was the creation of
the United Nations Environment Programme (UNEP).
Human-centric:
Sustainable development:
Preventive actions:
The States should join to further the scope of international law for
prescribing liability for those harming the environment. States should also
come together to compensate victims of environmental pollution or
damage.
Cooperation
Principle 24: Cooperation with nations – Although each state has exclusive
jurisdiction to legislate on internal matters, international cooperation is
necessary for the holistic improvement of the environment. States must
recognize that environmental problems affect all the states equally. By
multilateral and bilateral agreements states can control, prevent, and
reduce environmental risks.
Other principles
Principle 23: Implementing a national agenda – The states may find that
certain procedures and rules may not align the value system of the country.
In that case, the states need not follow such a procedure. The states are
also exempted if such procedures cause unwarranted social costs.
Principle 26: Ban on nuclear weapons – Nuclear weapons are the most
destructive weapons. They cause more damage to the environment than
any other weapon. All the nations should come together to ban nuclear
weapons.
1973: UNEP opens headquarters at Nairobi, Kenya marking the first time an
international organization was based in the Global South.
1973: On 5 June, the world celebrates the first World Environment Day
under the theme of “Only One Earth.”
1974: Regional seas program was established to bring together
neighboring countries to reduce ocean pollution and protect marine life.
1987: World adopts the Montreal Protocol on Substances that Deplete the
Ozone Layer
2015: World leaders sign the Paris Agreement during the UN Climate
change Conference or COP21.
2015: States adopt the 2030 Agenda and the Sustainable Development
Goals.
Taking action is the only way to tackle environmental depletion. The laws
should adopt more stringent actions. No amount of conventions will help in
environmental development unless people start taking action. We should
realize the current situation and act cautiously.
Way forward
The world needs to work in tandem to reverse the harm caused to the
environment over years of anthropogenic activities.
Despite its problems, the convention has created better awareness about
the environment and the need to protect it. People are now better equipped
to tackle problems like global warming and climate change.
This UN conference laid the foundation for several other initiatives by the
UN and other organizations around the world for the protection and
preservation of the environment.
Stockholm+50 can work towards setting specific deadlines for realizing the
goals driven towards a sustainable environment.
ANS:
The doctrine of public trust is a legal principle that asserts that certain
natural and cultural resources are held in trust by the government for the
benefit of the public. While the specifics of the doctrine can vary depending
on jurisdiction, there are several essential elements that are typically
associated with it:
You
DISCUSS INDIAN LAWS REGARDING THE TOPIC
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In India, the doctrine of public trust has been recognized and applied by
courts to protect certain natural resources and ensure their sustainable
management for the benefit of the public. While there isn't a specific
statutory law codifying the doctrine comprehensively, it has been
incorporated into various legal principles and statutes. Here are some key
aspects of Indian laws related to the doctrine of public trust:
Overall, while the doctrine of public trust may not be explicitly codified in
Indian law, its principles are reflected in constitutional provisions,
environmental laws, judicial interpretations, and regulatory frameworks
aimed at conserving natural resources and ensuring their sustainable
management for the benefit of present and future generations.
You
STATE SOME IMPORTANT JUDGMENTS BY SUPREME COURT OF INDIA ON
THE TOPIC
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The Supreme Court of India has delivered several landmark judgments
regarding the doctrine of public trust and its application to the protection
and conservation of natural resources. Here are some important judgments
by the Supreme Court of India on this topic:
Q. ROLE OF GREENPEACE
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Greenpeace is a prominent international non-governmental organization (NGO) known for its
environmental activism, primarily focused on issues such as climate change, deforestation,
overfishing, genetic engineering, and nuclear power. The organization was founded in 1971 in
Vancouver, Canada, by a small group of activists and has since grown into a global network with
offices in over 55 countries.
1. Environmental Advocacy: Greenpeace advocates for policies and practices that promote
environmental sustainability and protect ecosystems. It conducts research and campaigns
to raise awareness about environmental issues and push for policy changes at the local,
national, and international levels.
2. Direct Action and Non-violent Protest: Greenpeace is well-known for its direct action
and non-violent protest tactics, such as peaceful demonstrations, blockades, and acts of
civil disobedience. These actions aim to draw attention to environmental issues, challenge
destructive practices, and pressure governments and corporations to change their
policies and behaviors.
3. Scientific Research: Greenpeace conducts scientific research to assess environmental
threats and impacts, gather evidence to support its advocacy campaigns, and develop
alternative solutions. This research often involves collaboration with scientists and experts
in various fields.
4. Corporate Campaigning: Greenpeace targets corporations engaged in environmentally
harmful practices through public campaigns, shareholder activism, and consumer
pressure. By exposing unsustainable business practices and encouraging companies to
adopt more responsible policies, Greenpeace aims to drive positive change in corporate
behavior.
5. Global Cooperation: Greenpeace works collaboratively with other environmental
organizations, grassroots movements, indigenous communities, and allies across the
world to address shared environmental challenges and amplify the impact of its
campaigns.
6. Public Engagement and Education: Greenpeace engages with the public through
educational programs, online resources, events, and media outreach to raise awareness
about environmental issues and inspire individuals to take action in their own lives and
communities.
7. Legal Advocacy: Greenpeace uses legal strategies to hold governments and corporations
accountable for environmental damage and to defend the rights of communities affected
by environmental degradation. This may involve filing lawsuits, lobbying for stronger
environmental regulations, and supporting legal challenges to controversial projects.
Overall, Greenpeace plays a crucial role in advocating for environmental protection, promoting
sustainability, and mobilizing grassroots activism to address urgent environmental challenges
facing the planet.
ANS:
MC Mehta v. Union of India : The Oleum Gas leak case
17 Oct 2022 3 min Read 28143 Views
An incident which brought back the horrors of the Bhopal Gas tragedy, a disaster in
which a large number of people, including both working people and the public, were
affected just after one year of the Bhopal gas tragedy in 1984 and which became a
significant example of how the courts must deal with companies responsible for
environmental disasters. We are talking about the Oleum gas leak case. The similarity
of this MC Mehta Oleum gas leak case with the Bhopal Gas Tragedy was one of the
greatest reasons for its awareness & significance.
In this article, we will discuss the case which has evolved the rule of absolute liability,
its meaning, the felt need to replace the principle of strict liability with absolute
liability, its facts, judgment and many more. So, let’s get started.
• Then, on December 4th & 6th of 1985, massive leakage of oleum gas occurred
from a subsidiary of Delhi Cloth Mills at Delhi that is; one of the plants of
Shriram Foods and Fertiliser Industries, leading to the death of one person and
causing injuries to many others.
• The explosion and leakage of the gas from the tank were due to the collapse of
the structure on which it was mounted. No sooner when the case was brought
before the Court, another leakage occurred due to oleum gas escaping from
the joints of a pipe.
• According to the petitioner's submission, a lawyer who practised in the Tis
Hazari Courts also died due to oleum gas inhalation. The case was also
trending because just within two days, another leakage occurred from a pipe’s
joints, after which the compensation claims were filed for the people who had
suffered damage by the Delhi Legal Aid & Advice Board and the Delhi Bar
Association.
In this case, firstly, the Ryland v. Fletcher rule was applied. However, Justice
Bhagwati elucidated that the rule of strict liability was 100 years old and was not
enough to decide such cases. Hence, the SC went further and implemented the
absolute liability rule.
Absolute liability meaning
The essentials of absolute liability include-
Strict liability, too, has these essentials. However, absolute liability is strict liability,
but with no exceptions.
Conclusion
The MC Mehta Oleum gas leak case is one of the important cases of environmental
advocacy. Before this MC Mehta vs Union of India case, the rule of Strict Liability laid
down in Ryland v. Fletcher was applied. The benefit of this principle was that many
industries could have escaped from the liability of such environmental disasters by
invoking the exceptions or several defences like the Defence of an ‘Act of God' etc.
Thus, in the Oleum Gas Leakage case, the principle of Strict Liability was replaced
with Absolute Liability.
Q. discuss
the role of NATIONAL GREEN TRIBUNAL in protection of
environment
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The National Green Tribunal (NGT) plays a crucial role in the protection and
conservation of the environment in India. Established under the National
Green Tribunal Act, 2010, the NGT serves as a specialized judicial body
dedicated to addressing environmental disputes and enforcing
environmental laws.
Here are some key roles and functions of the National Green Tribunal in
protecting the environment:
Overall, the National Green Tribunal plays a pivotal role in safeguarding the
environment by adjudicating disputes, enforcing environmental laws,
promoting environmental justice, and fostering sustainable development
practices. Its existence underscores the commitment of the Indian legal
system to prioritize environmental protection and ensure a healthy and
sustainable environment for present and future generations.
You
state some important cases decided by NGT
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The National Green Tribunal (NGT) in India has presided over several
landmark cases that have had significant implications for environmental
protection and conservation. Here are some important cases decided by
the NGT:
1. Vedanta's Sterlite Copper Plant Case (2013): The NGT ordered the
closure of Vedanta's Sterlite Copper plant in Tuticorin, Tamil Nadu,
citing violations of environmental norms and concerns about
pollution and public health hazards. This case brought attention to
industrial pollution issues and the need for stricter enforcement of
environmental regulations.
2. Yamuna Pollution and Cleaning Case (2015): The NGT has been
actively involved in overseeing efforts to clean up the Yamuna River,
which has been heavily polluted due to industrial discharge and
untreated sewage. The tribunal has issued directives to various
authorities to take measures for the restoration and rejuvenation of
the Yamuna river basin.
3. Art of Living's World Culture Festival Case (2016): The NGT
imposed a fine on the Art of Living Foundation for organizing a large-
scale cultural event on the floodplains of the Yamuna River in Delhi.
The tribunal held the event responsible for damaging the ecologically
sensitive floodplain area and violating environmental norms.
4. Bellandur Lake Pollution Case (2017): The NGT intervened in the
case of severe pollution in Bellandur Lake, Bengaluru, caused by
industrial effluents and untreated sewage. The tribunal directed
government authorities to take urgent measures to clean up the lake
and prevent further pollution.
5. Ganga River Cleaning and Conservation Case (Ongoing): The NGT
has been overseeing efforts to clean and conserve the Ganga River,
which is one of the most sacred and polluted rivers in India. The
tribunal has issued numerous directives to address pollution sources,
improve wastewater treatment, and promote river conservation along
the Ganga basin.
6. Coal Mining in Meghalaya Case (2014): The NGT banned coal
mining in Meghalaya, citing environmental degradation and violation
of mining laws. The tribunal's intervention led to a crackdown on
illegal coal mining activities and efforts to regulate the coal mining
industry in the state.
These are just a few examples of the significant cases decided by the NGT.
The tribunal continues to play a crucial role in addressing environmental
challenges and ensuring compliance with environmental laws and
regulations across India.
Q. DISCUSS
THE ROLE OF UNITED NATIONS IN ENVIRONMENT
PROTECTION
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The United Nations (UN) plays a crucial role in global environmental
protection through various agencies, programs, and initiatives. Here's an
overview of the key roles and functions of the UN in this regard:
Q. DISCUSS
THE ROLE OF UNITED NATIONS TOWARDS INTERLINKING OF
HUMAN RIGHTS WITH NATURAL ENVIRONMENT IN INTERNATIONAL LAW
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The United Nations (UN) plays a crucial role in promoting the interlinking of
human rights with the natural environment within international law. This
intersection has gained increasing attention in recent years due to the
recognition that environmental degradation can have significant
implications for human rights, including the rights to life, health, food,
water, and a healthy environment.
In conclusion, public hearings serve as a vital mechanism for upholding principles of natural
justice, promoting transparency, inclusivity, accountability, and legitimacy in decision-
making processes related to granting NOCs for projects. They ensure that decisions are well-
informed, considerate of diverse perspectives, and reflective of the broader public interest.
Endangered species are those plants or animals that are at risk of becoming extinct in the near
future. The International Union for Conservation of Nature (IUCN) maintains the Red List, which
categorizes species based on their risk of extinction. Species are considered endangered when
their populations have declined to a point where they face a high risk of extinction. This decline
can be due to various factors including habitat destruction, pollution, climate change,
overhunting, introduction of invasive species, and disease.
The loss of endangered species can have significant ecological impacts, disrupting food chains,
altering ecosystems, and reducing biodiversity. Conservation efforts for endangered species often
involve habitat protection, captive breeding programs, reintroduction into the wild, and
legislative measures to prevent further decline.
Threatened Species:
Threatened species are those that are vulnerable to becoming endangered in the foreseeable
future. They may not be at an immediate risk of extinction, but their populations are declining
and face ongoing threats that could lead to their endangerment if not addressed. Like
endangered species, threatened species are also classified by the IUCN Red List based on the
severity of the threats they face and the population trends.
Threats to species can vary widely and may include habitat loss, pollution, climate change, illegal
trade, overexploitation, and competition from invasive species. These factors can impact species
in different ways, depending on their biology, ecology, and specific habitat requirements.
Conservation efforts for threatened species often focus on mitigating the threats they face
through habitat restoration, sustainable management practices, conservation breeding programs,
and public awareness campaigns. It's essential to monitor the status of threatened species closely
and take proactive measures to prevent further population declines and potential extinction.
Protecting threatened species is critical for maintaining biodiversity, preserving ecosystems, and
ensuring the long-term health of the planet. By addressing the underlying causes of species
decline and implementing effective conservation measures, we can work towards preventing
further loss of biodiversity and safeguarding the future of threatened species.
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The Bhopal Gas Tragedy, which occurred in December 1984, is one of the
world's worst industrial disasters. It took place at the Union Carbide
pesticide plant in Bhopal, India, releasing methyl isocyanate gas into the
surrounding environment, leading to the deaths of thousands and causing
long-term health issues for many more. The legal case surrounding the
tragedy has been long and complex, involving multiple parties and legal
proceedings, including before the Supreme Court of India.
Critically discussing the Bhopal Gas Tragedy case before the Supreme Court
of India involves examining several key aspects:
In conclusion, the Bhopal Gas Tragedy case before the Supreme Court of
India raises complex questions about corporate accountability, legal justice,
and public safety. While the legal proceedings have provided some
compensation to the victims, the case also highlights systemic failures in
regulatory oversight, enforcement, and access to justice. Critically
examining the Supreme Court's role in this case underscores the need for
robust legal frameworks, effective enforcement mechanisms, and greater
corporate accountability to prevent similar disasters in the future and
ensure justice for those affected.
You
1. Legal Battles and Settlements: Following the disaster, there were
extensive legal battles over liability and compensation. Initially, the
Indian government pursued criminal charges against Union Carbide
and its officials. However, in 1989, a settlement was reached between
Union Carbide and the Indian government for $470 million. This
settlement was widely criticized for being inadequate given the scale
of the disaster and the long-term health impacts on the victims.
2. Public Outcry and Activism: The settlement sparked public outrage
and activism, with many questioning the fairness and adequacy of the
compensation. Victims and their families, along with activists and
advocacy groups, demanded greater accountability from Union
Carbide and the Indian government. The Supreme Court faced
pressure to intervene and address the concerns of the victims.
3. Supreme Court Intervention: In response to public outcry and legal
challenges, the Supreme Court of India became involved in the case.
The Court played a pivotal role in overseeing the legal proceedings,
evaluating the adequacy of the settlement, and addressing issues of
corporate responsibility and victims' rights. Over the years, the
Supreme Court heard various petitions and appeals related to the
Bhopal Gas Tragedy, including those seeking additional
compensation and accountability.
4. Ongoing Legal Battles: The legal battles surrounding the Bhopal
Gas Tragedy have been protracted and complex. In addition to the
initial settlement, there have been subsequent legal proceedings
seeking further compensation, environmental remediation, and
criminal accountability. The Supreme Court has had to navigate these
legal complexities and balance competing interests, including those
of the victims, the government, and the corporate entities involved.
5. Legacy and Lessons: The Bhopal Gas Tragedy remains a potent
symbol of corporate negligence and the failure of regulatory systems
to protect public safety. The legal case before the Supreme Court of
India has highlighted the need for stronger regulations, effective
enforcement mechanisms, and greater corporate accountability. It
has also underscored the importance of ensuring justice and
compensation for victims of industrial disasters.
In summary, the Bhopal Gas Tragedy case before the Supreme Court of
India has been marked by legal battles, public outcry, and ongoing efforts
to secure justice for the victims. The Court's intervention has been crucial in
addressing issues of compensation, accountability, and corporate
responsibility. However, the case also highlights broader systemic
challenges in ensuring public safety and holding corporations accountable
for their actions.