Abstract:
Environment is the source of life, but in the recent times due to human induced reasons it is deteriorating rapidly. Environment being a global common requires global efforts, for which several conferences and conventions have taken place such as the Stockholm conference, the Rio summit, etc. In the domestic front environmental laws have been developed by the impact of various international conventions and to fulfil the international obligations such as the Environment Protection Act 1986, Biological Diversity Act, 2002, etc. The various litigations, court cases, NGO’s and civil societies have further contributed in developing a sound environmental legal framework in the country.
Introduction
Environment in simple terms is the conditions and surroundings in which we live. It contains all the living and non living things such as the atmosphere, soil, hydrosphere, wildlife and so on. Life exist on Earth because its environment supports life. No other planet has been found till date whose environment can support life. Environment has given us all the resources that we cherish and therefore we must strive hard to preserve the Earth’s environment since it has declined considerably and deteriorated rapidly due to the anthropogenic causes.
Stockholm Conference and its impact
The issue of environmental protection was raised globally for the first time in the UN conference on Human Environment held in Stockholm, 1972. The parties agreed and accepted the declaration which consisted of 26 principles concerning the environment and its protection. This conference played a major role in shaping the modern approach towards environmental protection and creating global awareness of the issue although the Brussels group which included USA, Italy, Belgium, France, Netherlands and Britain did not back it completely. India attended the conference and our Prime Minister Indira Gandhi in her address also pointed out the connection and relationship between environmental protection and poverty alleviation.
Owing to this conference a comprehensive framework for environmental protection was framed in India after 1972. The establishment of the National council for Environmental Policy and Planning in 1972 was the first step taken. Thereafter the first major legislation to protect the wildlife was enacted i.e. The Wildlife (Protection) Act, 1972. The act provides legal framework for the safeguard and preservation of wild animals and plants. The original Act consisted of six schedules, First and Second provides highest protection, Third and Fourth schedule includes animals which require lesser protection, Fifth schedule includes vermin which can be hunted easily for several reasons authorised by the government and the Sixth schedule includes plants whose cultivation is prohibited. The Wildlife (Protection) Amendment Act 2022 has rationalised the schedules and reduced them to four. The Amendment added a new schedule that includes the species which are listed in the CITES Appendix, therefore fulfilling India’s obligation under the CITES agreement. The different National Parks, wildlife sanctuaries and conservation reserves are also established under this act. National Tiger Conservation Authority, the apex body of Project Tiger is also a statutory body established under the Wildlife (Protection) Act 1972.
The next thing to tackle was the growing water and air pollution. In India at that time, industrial development was in full swing but the cons of such development is the degradation of air and water bodies. To handle this The Water (Prevention and Control of Pollution) Act,1974 and The Air (Prevention and Control of Pollution) Act, 1981 were passed. These acts established and gave power to the central and state pollution control boards to set up minimum industrial standards and ensure their compliance to reduce the pollution.
The 42nd Amendment Act, 1976 brought a major development. It added Article 48-A into the Fourth Part of the Constitution i.e. DPSP and stated “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
It also added Article 51-A(g), a fundamental duty “to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.” This Amendment therefore explicitly made environmental protection a constitutional mandate. Right to clean drinking water and good quality air is also a fundamental right under Article 21 of the constitution.
In 1984 a disastrous tragedy hit India, the Bhopal gas tragedy. The leakage of methyl isocyanatecreated a havoc. In response to this the Government of India passed the Environment Protection Act, 1986. This act fulfilled and accomplished the points of the Stockholm declaration, therefore it was passed under Article 253 which deals with the legislations for giving effect to international agreements. The Act gives a very wide range of powers to the union government in the environmental domain and is extensively used by the government to tackle environmental emergencies.
Earth Summit 1992: A Game Changer
On the 20th year anniversary of the United Nations Conference on Human Environment, 1972, an Earth Summit, also known as The United Nations Conference on Environment and Development was organised in Rio, Brazil in 1992. The summit was attended by politicians, scientists, academicians, NGO’s from around the world. This was the first major global effort to assess the human impact on the environment and bring in solutions to mitigate the impact. The term sustainable development in the Rio Declaration and Agenda 21, the action plan were the highlights of the conference. The major outcomes were the United Nations Framework Convention for Climate Change (UNFCCC), United Nation Convention on Biological Diversity (UNCBD) and United Nation Convention to Combat Desertification (UNCCD). It was this summit that recognised the threat of climate change and the joint global effort needed to save our global common. The future international discourse was thus changed after this summit.
After signing the UNCBD, India enacted the Biological Diversity Act, 2002. The act provides for a three tier framework at the central, state and district level to work for the protection, preservation and revival of biological diversity in India. It also provides for a People’s Biodiversity Register to safeguard the traditional knowledge of our country and to ensure that benefit of the said knowledge reaches them according to the principle of fair and equitable benefit sharing enshrined in the Nagoya protocol. In the case of Divya Pharmacy v. Union of India, the court ruled that every company which uses biological resources must seek permission in advance for its usage and must also share the profits that arise from such use with the local communities who possessed the traditional knowledge.
Case Laws
Case laws have played a major role in the development of environmental law in India. M.C. Mehta is known as the pioneer of environmental litigation in India as he has filed a number of PIL’s in the Supreme Court uncovering a lot of grave violations of environmental protocols thus playing a very important part in the betterment of the environmental law.
In Vellore Citizen Welfare Forum v. Union of India, the case was filed by an NGO named as vellore citizen welfare forum under Article 32 of the constitution. The case was about the discharge of untreated sewage and the related pollution caused by the tanneries and industries in the state of Tamil Nadu. The court held that industrial development is important for the country but it can not be allowed to destroy the health of the nature. The court said that a balance is needed, therefore the concept of sustainable development, polluter pays principle and the precautionary principle were advocated by the apex court.
In Rural Litigation and Entitlement Kendra v. State of U.P., the court was made aware of the limestone mining going on in the Mussoorie hills and its ecological impact. The court on the recommendations of Bhargava committee stopped the operations of the most hazardous mines in the area since the committee findings tell about the negative impact these mines have on the ecologically fragile belt of Mussoorie hills.
In M.C. Mehta v. Union of India, (1986), a leak of oleum gas from one of the plants of Shriram caused damage to several residents and workmen and an advocate of tis hazari court died because of inhaling the said gas. The court in this case gave the concept of absolute liability, which means that the owner of the unit which stores hazardous material will be responsible and liable for any damage done due to the said material even if there was no negligence on his part. The exceptions in strict liability are included in the concept of absolute liability. The court allowed Shriram to reopen its plant but on certain conditions and payment of fines. The Public Liability Insurance Act 1991 was enacted to further to cause of giving relief to the victims.
In M.C. Mehta v. Union of India, (1987), the Supreme Court was approached via a writ petition on the issue of industries discharging its effluents into the holy river Ganga without any treatment. It amounted to polluting the river and causing health hazard to millions since people rely on the Ganga for drinking water. The court held that it is the duty of the industries to make sure that their discharged waste is treated and they should be given a license only if they can showcase the ability to treat the waste. Therefore the polluting industries were made to shut and others were told to make sure untreated waste is not discharged.
In M.C. Mehta v. Union of India, (1996), the Supreme Court directed that due to the pollution and congestion in Delhi, no new heavy industries would be set up in the city. Also the existing heavy industries which are causing pollution in Delhi will be relocated and shifted according to the National Capital Region plan.
Conclusion
Indians have been worshipping and coexisting with the nature since ages. The modern era development greed did some damage to our ethos and ecology but with the help of various legislations and court cases the country is back on track. The various international conventions, court judgements, NGO’s, civil societies and people like MC Mehta have always stood against the greedy environment unfriendly policies and it is because of them that we now have a very sound legal framework of environmental law. The next thing we have to focus is on the implementation of these laws. Proper implementation of the environmental laws will play a major role in achieving sustainable development.
Author – Aaryan Kumar
Designation– First year student of LLB 3 years
Institute– Campus Law Center, Delhi University
