Paper 5 EV Law

KRISHNA’S LAWRIALS – YOUTUBE CHANNEL
PAPER – 5 ENVIRONMENTAL LAW

1) What is environment and environmental law? Define the term
environment.
- The word “Environment” is derived from French word ‘environ” which means “to
Surround”.
- The Environment can be seen as sum total of all the living and Non-living elements
and their effects which influence human life.
- Simply put “Environment is a natural unit consisting of all plants, animals and
micro-organisms in an area functioning together with all of the Non-living
physical factors of environment”
- While all Living or Biotic Elements are animals, plants, forests, fisheries and birds
etc. The Non-living or abiotic elements include water, land, sunlight, rocks, air
etc.
Definition of Environment: -
- Section 2(a) of Environment Protection Act, 1986 defines “Environment” as it
includes water, air and land and the inter relationship that exists among and
between water, air and land and human beings, other living creatures, plants,
micro-organisms and property.
- According to Encyclopaedia Britannica, the term “Environment” means the entire
range of external influence acting on an organism, both the physical and
biological and other organisms i.e. Forces of Nature surrounding an Individual.
It consists of 3 kinds of components, namely: -

- Non-living components or Abiotic components which Further consists of:
a. Lithosphere which consists of Rocks, soil, etc
b. Hydrosphere which consists of water component
c. Atmosphere which contains gaseous envelope which is again subdivided
into: - Troposphere, Stratosphere, Ionosphere, Exosphere
- Living component or biotic component which consists of Flora and Fauna including
man.
- Energy Component: - This component includes solar energy, Geo-chemical energy,

Thermo-Electrical energy, Hydro-Electrical energy, Nuclear Atomic energy,
Energy due to radiation etc. that helps maintaining real life of organisms.
Environmental Law: -
- The problem of Environmental protection is as old as the evolution of Homo
sapiens on this planet, with the development of science and technology and
with ever increasing world population, came tremendous changes in the
human environment.
- These changes upset the Eco-laws of the Nature, thereby the balance of Human
life.
- It therefore becomes necessary to regulate human behaviour and social
transactions with new laws, designed to suit the changing conditions and
values.
- In order to manage and face the myriad challenges of the ever changing
Environment, a new branch of Law, known as Environmental Law Emerged.
- Environmental Law refers to that set of enforceable rules, and principles
regulating the activities of persons, Natural or legal, which have impact on
environment.
- Environmental Law is an instrument to protect and improve the environment and
control or prevent any act or omission polluting or likely to pollute the
Environment.
- There are a host of laws in India relating to the subject environment Wherein
Environment Protection Act (1986) is an umbrella legislation that generated a
plethora of rules, regulations, notifications and orders and facilitated delegation
of powers of the central government to various other agencies of the centre and
the state.
- Procedural Strategies for Environmental decision making process for e.g.: -
Environmental Impact Assessment have been evolved under the rule making
power of the executive also called as delegated Legislation.
- This Inter-relationship and Inter-Dependency between Human beings, nature and
other life forms is the essence of well-being of the Human race.
- It is true that preventive and remedial measures to meet the hazards of pollution
are the major concerns of Environmental law but the law has a wider spectrum
to embrace.
- This may include the natural Environment namely physical conditions of Land, air
and water and the Human Environment namely Health, social and other Man-
made conditions affecting Human beings on earth.
- Environmental Law involves conservation of natural resources for their better use
by Present day society as well as future generations and it also governs the
Inter-relationship between natural resources and Human beings.
- Environmental Law has to derive its strength from many other disciplines such as
Biology, biotechnology, Ecology, Economics, Hydrology, Medicine, Psychology,
Political science and Public Administration.
- The Interdependence of Environmental Law with other disciplines makes it a
distinct Branch of Law.
- The law relating to the Environment also has its origin from 2 Principles sources,
namely, common law developed by courts through Judicial Decisions and the
statute law comprising of Acts, rules, regulations, notifications and other forms
of delegated legislation.
- As far as Law of Land i.e. constitution is concerned certain significant provisions
relating to environment under the new provisions enshrined in the DPSP,” The
state shall endeavour to protect and improve the environment to safeguard
the forest and wildlife of the Country, Art 48-A”.
- Among the fundamental duties of the citizens inducted by the 42nd Amendment,
the duty to protect environment is significant.” Every citizen has fundamental
duty to protect and improve Natural Environment including forests, lakes,
rivers and wildlife and to have compassion for Living creatures. Article 51 A (f)
and (g)”.
- The Existing Environment regime in India consists of Laws on Forests, wildlife,
pollution of water and Air and Biodiversity and on the mechanism of Green
Tribunal.
- Today, the Judiciary recognises “Right to Healthy Environment” as part of the
“Right to Life” Guaranteed under Article 21 of Constitution of India.
2) What is meant by ecology, ecosystem, Biosphere, Biome?

Ecology is derived from Greek word “oikos” which means “House” and “logy”
means study. Therefore, Ecology means study of House.
- Ancient Greek philosophers Hippocrates and Aristotle laid the foundations of

ecology in their study on natural history.
- It is branch of biology concerning the spatial and temporal patterns of the

distribution and abundance of organisms including the causes and
consequences and also relations of organisms intense and their habitat and
nature of living beings.
- It was Henry David Thoreau who apparently was 1st to use word Ecology in
one of his letters in 1858, but he did not give it specific definition.
- Earnest Haeckel is credited with defining and coining word ecology “The
knowledge of the sum of the relations of organisms to the surrounding outer
world, to organic and inorganic conditions of existence.
- It is thus a study of organisms in relation to their environment. It is a subject

which deals with the study of eco-system to determine how the creatures are
organized, how the creatures interact among themselves and how the total
system functions.
- An important focus for ecologists is to improve the understanding of how
biodiversity affects ecological function.
- Evolutionary Concepts relating to adaptation and natural selection became

the cornerstones of Modern Ecological theory.
- It has its practical Application in conservation Biology, wetland Management,

Natural Resource Management (Agriculture, forestry, fisheries), City Planning
(Urban Ecology), Basic and applied Science and Human Social Interaction
(Human ecology).
Ecosystem
- It is an assemblage of animals and species of plants existing in a common
area and having effect on each other, this is also called “Biotic Community”.
- According to U.N Council on Environmental Quality, ecosystem is the

Interdependence of Non-living beings and Living beings, that is animals, man,
plants, forests, lakes and rivers etc.
- Plants, animals and other organisms together with the Physical environment
with which they interact constitute ecosystem.
- It consists of both Living/Biotic and Non-living/abiotic components.
- The non-living components of eco-system consist of chemicals substances

found in the soil, water, water and atmosphere. These chemicals may be
inorganic substances like water, oxygen, Carbon-di-oxide and minerals like
phosphates, nitrates etc or organic materials like carbohydrates, fats, proteins
and vitamins, other abiotic elements of the climate are temperature, rainfall,
duration of sun light, winds, nature of soil, slope of the land, composition of
water bodies etc.
- The biotic components are broadly divided into 2 major groups, the
producers and consumers.
- The producers are organism, which produce their own food from Physical
Environment, otherwise called “Autotrophic Organisms”. Green plants are
primary producers as they produce organic matter utilising suns radiant
energy. This is called Photosynthesis, as organic materials are synthesized
using Sun light, minerals and water from the soil and carbon di-oxide from the
atmosphere.
- All other organisms are called consumers or heterotrophic organisms, as

they depend on other organisms for their food.
- An organism that feeds only on plants is called an herbivore or primary

consumers e.g.: - Goat and cow.
- A consumer that feeds only on an animal is called carnivore. e.g.: - lion
- The human beings are omnivore as they eat both plants and animals.
- A fourth group of consumers feeds on dead or decomposed tissues of plants

and animals. E.g.: - Bacteria, fungi and termite.
Biosphere
- The word biosphere was coined by geologist Edward Suss in 1875, which he
defined as the place on earth surface where life dwells.
- It is derived from the Greek word "bios" which means life and "sphaira"
means sphere otherwise it is also known as ecosphere.
- It is also termed as zone of life on planet earth which is worldwide sum of all
ecosystems.
- It is a global ecological system integrating all living beings and their

relationships, including their interaction with the elements of the
lithosphere, Geosphere, hydrosphere and atmosphere.
- The uniqueness of environment lies in the fact that it is favourable for the
evolution and survival of various life forms of life.
- More than ten lakhs animal species and three lakhs plant species are known
to exist.
- This is because of optimum distance of the earth from the sun, temperature
on the earth is neither to high as in Mercury nor too low as in Neptune.
- The layer of air, which surround the earth, consists of oxygen, which is very
vital for survival of all forms of life.
- The moderate temperature conditions enable water to be present in large
quantities in the earth in all the three states that is solid, liquid and gaseous.
- The presence of water favours the growth and evolution of various species of
plant and animal life including human beings.
- Thus the earth is unique in having a life bearing layer which is popularly
called " biosphere".
- It has a variety of organisms which are broadly divided into plants animals
and microbes.
- There is an exchange of matter and energy between these three elements i.e.
Atmosphere, Hydrosphere, Lithosphere of physical environment and the
organisms in the biosphere.
- Though it is a thin layer it has great significance for our life.
- The organisms in biosphere provide a variety of food for us and also raw
material which provide clothing and shelter and other needs of man.
- Our very existence and survival on earth depends on the Biosphere.
- Therefore it is necessary to understand the inter relationships between the

organisms in the biosphere and also the link between physical environment and
the Biosphere.
Biomes
- The Term Biome was suggested in 1916 by Clements.
- A biome is a collection of plants and animals that have common
characteristics for the environment they exist in. They can be found over a
range of continents.
- Biomes are distinct biological communities that have formed in response to a

shared physical climate.
- Biome, also called major life zone, the largest geographic biotic unit, a
major community of plants and animals with similar life forms and
environmental conditions. It includes various communities and is named for
the dominant type of vegetation.
- There are five major types of biomes:
a. Aquatic
b. Grassland,
c. Forest
d. Desert and
e. Tundra, though some of these biomes can be further divided into more
specific categories, such as freshwater, marine, savanna, tropical rainforest,
temperate rainforest, and taiga.
- Aquatic biomes: they are biomes found in water. Water covers 70

percent of Earth's surface, so aquatic biomes are a major component of
the biosphere the aquatic biome is divided into freshwater and marine
regions. Freshwater regions, such as lakes and rivers, have a low salt
concentration. Marine regions, such as estuaries and the ocean, have
higher salt concentrations.
Grasslands Biomes: - are areas where the vegetation is dominated by grasses

Grasslands occur naturally on all continents except Antarctica and are found in
most ecoregions of the Earth. Furthermore, grasslands are one of the
largest biomes on earth and dominate the landscape worldwide. They cover
31-43% of the Earth's land area. There are different types of grasslands: natural
grasslands, semi-natural grasslands, and agricultural grasslands. Grassland
biomes consist of large open areas of grass. Trees can be present, but they are
infrequent.
Forest biomes: - The word forest broadly describes an area that has a large
number of trees. The three major forest biomes are temperate
forests, tropical forests, and boreal forests (also known as the taiga). These
forest types occur at different latitudes, and therefore experience different
climatic conditions.
Desert Biomes: - are the driest of all the biomes. In fact, the most important
characteristic of a desert is that it receives very little rainfall. Desert
biomes cover about 20% of the Earth. The desert is important because it covers
about a fifth of the earth's surface. The four main types of desert include hot
and dry deserts, semi-arid deserts, coastal deserts, and cold deserts.
Tundra: - is the coldest of all the biomes. Tundra comes from the Finnish word
tunturi, meaning treeless plain. It is noted for its frost-moulded landscapes,
extremely low temperatures, little precipitation, poor nutrients, and short
growing seasons. The tundra is a treeless polar desert found in the high latitudes
in the polar regions, primarily in Alaska, Canada, Russia, Greenland, Iceland, and
Scandinavia, as well as sub-Antarctic islands. Tundra lands are covered with
snow for much of the year, but summer brings bursts of wildflowers.
3)What does ozone depletion mean?

Ozone: or trioxygen is a pale blue gas with a distinctively pungent smell. Ozone
is formed from dioxygen by the action of ultraviolet (UV) light and electrical
discharges within the Earth's atmosphere.
- It is present in very low concentrations throughout the latter, with its highest
concentration high in the ozone layer of the stratosphere, which absorbs most
of the Sun's ultraviolet (UV) radiation.
Ozone Layer: -
- The ozone layer or ozone shield is a region of Earth's stratosphere that

absorbs most of the Sun's ultraviolet radiation and contains a high
concentration of ozone.
- The ozone layer was discovered in 1913 by the French physicists Charles
Fabry and Henri Buisson.
- The ozone layer is mainly found in the lower portion of the stratosphere, from
approximately 15 to 35 kilometers (9.3 to 21.7 mi) above Earth, although its
thickness varies seasonally and geographically.
- The ozone layer absorbs 97 to 99 percent of the Sun's medium-frequency

ultraviolet light (from about 200 nm to 315 nm wavelength), which otherwise
would potentially damage exposed life forms near the surface.
Ozone Depletion: - consists of two related events observed since the late 1970s:
a. A steady lowering of about four percent in the total amount

of ozone in Earth's atmosphere (the ozone layer), and
b. A much larger springtime decrease in stratospheric ozone around Earth's

polar regions. The latter phenomenon is referred to as the ozone hole.
- The main cause of ozone depletion is manufactured chemicals, especially

manufactured halocarbon refrigerants, solvents, propellants, foam- blowing
agents (chlorofluorocarbons (CFCs), HCFCs, halons), referred to as ozone-
depleting substances (ODS).
- The ozone layer can also be depleted by free radical catalysts, including nitric
oxide (NO), nitrous oxide (N2O), hydroxyl (OH), atomic chlorine (Cl), and
atomic bromine (Br).
- Ozone depletion and the ozone hole have generated worldwide concern over
increased cancer risks and other negative effects. The ozone layer prevents
most harmful wavelengths of ultraviolet (UV) light from passing through
the Earth's atmosphere.
- These wavelengths cause skin cancer, sunburn, permanent blindness,

and cataracts, which were projected to increase dramatically as a result of
thinning ozone, as well as harming plants and animals.
- These concerns led to the adoption of the Montreal Protocol in 1987, which
bans the production of CFCs, halons, and other ozone-depleting chemicals and
is considered the most successful international environmental agreement to
date to tackle ozone depletion.
- The United Nations General Assembly has designated September 16 as

the International Day for the Preservation of the Ozone Layer.
4) What is meant by environmental degradation and global

warming?
Environmental degradation: -
- It is the deterioration of the Environment through depletion of resources
such as Air, water and soil, the destruction of ecosystem, habitat
destruction, the extinction of Wildlife and pollution.
- Environmental degradation is a process through which the natural
environment is compromised in some way reducing Biological Diversity
and the general health of the Environment.
- Environmental changes are based on the factors like Urbanisation, population and
economic growth, increase in energy consumption and agricultural
intensification.
Example of Environmental Degradation Includes: - Deforestation, Soil Erosion,
Falling levels of ground water, Depletion of the ozone layer and combustion
from Automobiles causing extreme Air pollution, Water pollution, Throwing

waste in river, Use of chemical Fertilisers and pesticides, Burning of coal and
Mineral Oil.
Effects- Increased Poverty, Overcrowding, Famine, Weather extremes, Acute
and chronic medical Illness, War and Human rights abuse and increasingly
unstable Global situation that creates disaster and chaos, Loss of Biodiversity,
Scarcity of natural Resources.
Global Warming
- The terms global warming was for the first time introduced in the year
1980 referring only to increased surface warming of the Earth.
- Global warming became the most popular term after NASA climate
scientist James Hansen used it in his 1988.
- “Global warming” refers to the rise in global temperatures due mainly to

the increasing concentrations of greenhouse gases in the atmosphere.
- It is also described as a phenomenon of increasing

average air temperature near the surface of Earth over the past one to
two centuries that can be traced to anthropogenic causes.
- Human activity affects global surface temperatures by changing Earth's

radiative balance—the “give and take” between what comes in during the day
and what Earth emits at night.
- The above scenario depends mainly on future concentrations of certain trace

gases, called greenhouse gases, that have been injected into the
lower atmosphere in increasing amounts through the burning of fossil fuels for
industry, transportation, and residential uses.
- It is to be seen that Modern global warming is the result of an increase in

magnitude of the so-called greenhouse effect, a warming of Earth’s surface
and lower atmosphere caused by the presence of water vapour, carbon
dioxide, methane, nitrous oxides, and other greenhouse gases.
- Of all these gases, carbon dioxide is the most important, both for its role in
the greenhouse effect and for its role in the human economy.
It absorbs heat energy emitted from Earth's surface and reradiate it back—
generated by industry and transportation cause the atmosphere to retain more
heat, which increases temperatures and alters precipitation patterns.
- Continued global warming is expected to impact everything from energy use
to water availability to increased extinction of many plant and animal species,
shifts in patterns of agriculture, and rising sea levels.
- Global warming is already being associated with increases in the incidence of

severe and extreme weather, heavy flooding, and wildfires—phenomena that
threaten homes, dams, transportation networks, and other facets of human
infrastructure.
- By 2015 all but a few national governments had begun the process of
instituting carbon reduction plans as part of the Paris Agreement, a treaty
designed to help countries keep global warming to 1.5 °C (2.7 °F) above
preindustrial levels in order to avoid the worst of the predicted effects.
- Giving voice to a growing conviction of most of the scientific community,

the Intergovernmental Panel on Climate Change (IPCC) was formed in 1988 by
the World Meteorological Organization (WMO) and the United Nations
Environment Program (UNEP) to take drastic change to control further global
warming.
5) What is Climate change? What are its effects?

- Climate is defined as an area's long-term weather patterns.
- It is the usual condition of the temperature, humidity, atmospheric pressure,

wind, rainfall, and other meteorological elements in an area of the Earth's
surface for a long time.
- In simple terms climate is the average condition for about thirty years.
- “Climate change” refers to the increasing changes in the measures

of climate over a long period of time – including precipitation, temperature,
and wind patterns.
- Climate change is a long-term change in the average weather patterns that

have come to define Earth's local, regional and global climates.
- Climate change includes both natural as well as anthropogenic change.

- Climate change can be viewed as the combination of various natural forces
occurring over diverse timescales.
- Since the advent of human civilization, climate change has involved an

“anthropogenic,” or exclusively human-caused, element, and this
anthropogenic element has become more important in the industrial period
of the past two centuries.
- These have been caused by many natural factors, including changes in the
sun, emissions from volcanoes, variations in Earth's orbit and levels of carbon
dioxide.
The ways in which we can control climate change
- Protect and restore key ecosystems.
- Support small agricultural producers by encouraging Agricultural activities.
- By Promoting green energy.
- By Combating Combat short-lived climate pollutants.
- By Focusing more on adaptation of positive measures, not just mitigation of

global climate problems.
6) What is the need for conservation, preservation and protection of

our environment?
Need for Environmental Conservation: -
- Conservation simply indicates the sustainable use as well as management of

Natural Resources which include wildlife, water, air and earth deposits.
- It generally focuses on the needs and interests of human beings, for instance
the biological, Economical, cultural and recreational value.
- It requires that the Environment be used in a way that is sustainable and it

ensures that the natural resources will be used in a manner that will meet the
present day needs for the resource without jeopardizing the supply of the
resource for Future Generations.
- By using the Environment sustainably, the Environment and Natural resources

it provides will not be depleted or destroyed permanently.
- Conservation is a principle of resource use, Allocation and Protection. Its main

focus is upon maintaining the Health of the Natural world, its fisheries, Habitats,
and Biological Diversity.
- The conservationists have the vision that development is necessary for a better
future, but only when the changes occurs in ways that are not wasteful.
- Biological data demonstrates that wildlife species are vanishing faster than
ever before in Earth’s timeline of History, while the average global temperature
is dangerously rising.
- The glaciers are melting, extreme weather events are becoming more common
and if necessary steps are not taken immediately to consume the environment
humans and other species on earth are at high risk due to an unprecedented
climate change which may threaten the very existence of life.
- Although Planet’s climate is known to go through cycles and to change

dramatically in the past as well, the climate change we are already witnessing is
primarily result of human activities.
Need for Environmental Preservation: -
- Preservation is much stricter than Conservation as it protects the

environment from harmful human activities.
- Under Preservation it is maintained that all the Natural resources are not
to be consumed by Humans and instead should be maintained in their
pristine form (original form).
- Preservationists have a believe that humans can have access to the

natural resources, but they should only utilize it for its natural beauty and
inspiration.
- They think that the value of the land is not what you can use from it, but
instead that natural resources has an intrinsic value, meaning that it is
valuable in itself simply by existing.
- The reason nature should exist, free of human control is that we stop
living in harmony with nature when we control it heavily e.g: -
Preservation would involve setting aside part or even all of the forest from
human development.
Need for Environmental Protection: -
- Environmental Protection is the practice of protecting the natural
environment by individuals, organisations and governments. Its
objective is to save natural resources and the existing natural
environment and where possible to repair damage and reverse trends.
- It is critical to protect the environment so as to reduce the destruction of
ecosystem caused by a myriad of anthropogenic activities.
- Changes affecting the ecosystem put multiple species in the danger of
extinction necessitating the need of protecting the Environment.
- Not only protecting the environment benefits people in current
generation, it will also benefit people in many generations to come.
- The sun provides light for the plants. The plants are food for the animals
that are in turn consumed by other animals. Therefore, destroying the
environment would destroy food chain system.
- Trees helps in bracing the entire Ecosystem ‘s foundation against water or
wind erosion.
- It also serves as windbreakers, reducing wind speeds of wind-sensitive
crops.
- Water that gets past their root settles down in aquifers thereby
replenishing groundwater supplies that are important for drinking,
sanitation and irrigation around the world.
- Carbon di oxide which is a major polluter is stored in the trees and also
responsible for converting into oxygen which is one of greater need for
Environmental protection.
- Protecting the Environment leads to the creation of natural water sheds
which helps maintain water quality and enables aquatic systems to
flourish.
- In small quantity, the Ultra-violet rays of the sun are good for us and
provide a healthy dose of Vitamin D. But when we are exposed to too
much sun, it can lead to health issues and in extreme cases skin cancer.
- Protecting the Environment leads to availability of food for both animals,
humans and plants.
- Environmental protection promotes economic stability as it not only
provides energy but also serve as a source of living and livelihood for
many.
- Medicines extracted to cure infections and a myriad of health issues also
can be found in various herbs, shrubs and trees of forests and hence there
is immediate need for environmental protection.
- Thus protection of environment leads to Healthy Ecosystems to clean our
water, purify our air, maintain our soil, regulate the climate, recycle
nutrients and provide us with food.
7) What is meant by pollution? What are its different kinds? Explain

the causes and effects of pollution.
- Pollution is the introduction of contaminants into the natural environment
that cause adverse change. These Harmful materials are called Pollutants.
- The major forms of pollution are listed below along with the
particular contaminant relevant to each of them:
Air pollution: the release of chemicals and particulates into the atmosphere.
Common gaseous pollutants include carbon monoxide, sulphur
dioxide, chlorofluorocarbons (CFCs) and nitrogen oxides produced
by industry and motor vehicles. Photochemical ozone and smog are created as
nitrogen oxides and hydrocarbons react to sunlight. Particulate matter, or fine
dust is characterized by their micrometre size PM10 to PM2.5.
Electromagnetic pollution: the overabundance of electromagnetic radiation in

their non-ionizing form, like radio waves, etc., that people are constantly
exposed at, especially in large cities. It's still unknown whether or not those
types of radiation have any effects on human health, though.
Light pollution: includes light trespass, over-
illumination and astronomical interference.
Littering: the criminal throwing of inappropriate man-made objects, unremoved,

onto public and private properties.
Noise pollution: which encompasses roadway noise, aircraft noise, industrial
noise as well as high-intensity sonar.
Plastic pollution: involves the accumulation of plastic products and micro plastics in
the environment that adversely affects wildlife, wildlife habitat, or humans.
Soil contamination: -Soil contamination occurs when chemicals are released by spill
or underground leakage. Among the most significant soil
contaminants are hydrocarbons, heavymetals, MTBE, herbicides, pesticides an
d chlorinated hydrocarbons.
Radioactive contamination: -Radioactive contamination, resulting from 20th
century activities in atomic physics, such as nuclear power generation and
nuclear weapons research, manufacture and deployment.
Thermal pollution: -Thermal pollution is a temperature change in natural water
bodies caused by human influence, such as use of water as coolant in a power
plant.
Visual pollution: -Visual pollution, which can refer to the presence of
overhead power lines, motorway billboards, scarred landforms (as from strip
mining), open storage of trash, municipal solid waste or space debris.
Water pollution:-
- Water Pollution, by the discharge of wastewater from commercial
and industrial waste (intentionally or through spills) into surface waters;
- discharges of untreated domestic sewage, and chemical contaminants,
such as chlorine, from treated sewage;
- release of waste and contaminants into surface runoff flowing to surface
waters (including urban runoff and agricultural runoff, which may contain
chemical fertilizers and pesticides;
- also including human faces from open defecation – still a major problem
in many developing countries);
- groundwater pollution from waste disposal and leaching into the ground,
including from pit latrines and septic tanks; eutrophication and littering.
Causes of Pollution: - Motor vehicles emissions, chemicals plants, coal-fired power

plants, oil refineries, petrochemical Plants, nuclear waste disposal activity,
incinerators, large livestock Farms Pvc Factories, metal production factories,
plastic factories and other Heavy industry, and also including Natural
vegetation burning as well as spraying of pests and herbs.
- Pollution has been found to be present widely in the environment. There
are a number of effects of this:
- Bio magnification describes situations where toxins (such as heavy
metals) may pass through trophic levels, becoming exponentially more
concentrated in the process.
- The emission of greenhouse gases leads to global warming which affects
ecosystems in many ways.
- Carbon dioxide emissions cause ocean acidification.
- Invasive species can outcompete native species and reduce biodiversity.
Invasive plants can contribute debris and biomolecules (allopathy) that
can alter soil and chemical compositions of an environment, often
reducing native species competitiveness
- Nitrogen oxides are removed from the air by rain and fertilise land which
can change the species composition of ecosystems.
- Apart from it health diseases also include Respiratory disease, cardio
vascular disease, Throat inflammation, chest pain and congestion, rashes
and skin irritation due to oil spills,
- Hearing loss, high blood pressure, stress and sleep disturbance due to
excessive noise.
- Smog and haze can reduce the amount of sunlight received by plants to
carry out photosynthesis and leads to the production of tropospheric
ozone which damages plants.
- Soil can become infertile and unsuitable for plants. This will affect
other organisms in the food web.
- Sulphur dioxide and nitrogen oxides can cause acid rain which lowers
the pH value of soil.
- Organic pollution of watercourses can deplete oxygen levels and reduce
species diversity.
8) What is Trespass and Negligence? Explain with supporting case

laws in the context of environmental law.
- Trespass in its widest sense means any transgression or offence against the law
of nature, of society, or of the country, whether relating to a man’s person or
his property.
Who is a Trespasser?
- A trespasser had been defined as “one who goes upon land without invitation
of any sort and whose presence is either unknown to the proprietor, or if
known, is particularly objected to.
- Basically trespass covers any direct injury to the person, his goods or
immovable property.
- To constitute the wrong of trespass, neither force nor unlawful intention, nor
actual damage, nor breaking of an enclosure is necessary.
- It requires an intentional invasion of plaintiff’s interest in the exclusive possession
of property.
- No substantial injury need to be shown for a plaintiff to succeed in an action for
Trespass.
- The only requirement to establish a trespass is that there must be an “intentional
unprivileged physical entry” by a person or object on land possessed by
another.
- Trespass is a wrong against possession rather than ownership i.e. a person in
actual possession can bring an action even though, against the true owner, his
possession was wrongful.
- Trespass is actionable per se and the plaintiff need not prove any damage for an
action of trespass. Neither use of force nor showing any unlawful intention on
the part of the defendant are required.
Trespass to Land means: -
- Interference with the possession of land without Lawful Justification.
Ex. Planting a tree on another’s land is a trespass but if a person plants a
tree over his land and its roots or branches escape on the land of the neighbour,
that will be a nuisance.
Trespass may be committed by: -

(i) Entering upon the Land of the plaintiff or
(ii) By remaining there or
(iii) By doing an act affecting the sole possession of the plaintiff, in each case without
justification.
- If the trespasser has criminal intention, then it becomes criminal trespass
and it may happen by mistake or by negligence, Sec 441 to 462 of Indian
Penal code talks about criminal trespass.
E.g.: - A’s cattle enter into B’s Land and graze the crops, then immediately, If A goes
and gets his cow backs, it can’t be said as trespass.
- Every person has right to establish factory, do business, manufacture goods and
profits from factory.
- The principle “sic Utere leo out alienum non laudes” (Enjoy your own Property
without injuring other’s rights).
- The Industrial sludge, waste, liquids and gases may escape from the factory either
by mistake or by accident or by negligence or will, by whatever reason may be
leaked, substance will spread and trespass into Neighbours houses and lands.
- The owner is obliged to observe all statutory protection in factory.
- He should take precautionary steps to prevent outflow of effluents from his factory
premises and entering into surrounding areas.
- The statutory provision imposes duty upon him not to cause injury or harm to other
people including his workers by the industrial waste and gases.
- If industrial gas that has escaped is dangerous, noxious and abnormal substance
or gas or to rivers or camels or lands and spread into surrounding areas, the
occupier is solely responsible for its trespass to environment.
- The liability arises even though the occupier did not intend to cause it.
- Liability arises not because there was my fault or negligence on the part of
person/occupier but because he kept some dangerous thing on his Land and the
same has escaped from there and trespassed into other lands and bodies and
caused damage to neighbours.
Remedies: -
Right of Re-entry- If a person’s possession is disturbed by a trespasser, he has a right
to use reasonable force to get trespasser vacated.
Action for Ejectment- Section 6 of specific Relief Act1963 gives speedy remedy to a
person who has been dispossessed. The plaintiff to proof that he was in
possession of the property and was evicted without due course of law. The
property to be immovable property and case to be filed within 6 months.
Action for Mesne Profits- A person who was wrongfully dispossessed of his land may
also claim compensation for the loss which he has suffered during the period of
dispossession, such action is Action for Mesne profits.
Distress damage feasant- The right of distress damage feasant authorises a person
in possession of land to seize the trespassing cattle or other chattels and he can
detain them until compensation has been paid to him for the damage done.
Negligence
- Negligence is another specific tort which can help us in preventing
environmental pollution.
- Negligence is basically a failure to exercise that care which the
circumstances demand in any given case/situation.
- Where there is duty to take care, reasonable care must be taken which
can be foreseen to be likely to cause physical injury to person or property.
- The degree of care differs from case to case and circumstances to
circumstance.
- Casual relation must be shown by the plaintiff between negligence of the
defendant and injury to the plaintiff.
- According to Winfield “Negligence” is the breach of legal duty to take
care which results in damage, undesired by the defendant to the
Plaintiff.
- According to Salmond” Negligence is culpable carelessness. Negligence
essentially consists in the mental attitude of undue influence with respect
to one’s conduct and its consequences
- Thus the term Negligence means the omission to do something which a
reasonable man, not supposed to do in ordinary cause of conduct.
In an action for Negligence the plaintiff is required to show the following: -

(i) The defendant was under legal duty to take care to avoid damage
complained of;
(ii) There was a Breach of Legal Duty casts upon the Defendant; and
(iii) The breach of duty caused the damage to the Plaintiff.
A brief Explanation of above: -
1. The defendant was under legal duty to take care to avoid Damage
complained of:-
 The plaintiff has to prove that the defendant owed duty of care to him.
 That duty must be a legal duty.
 A mere Moral, religious or social duty is not a duty according to Law of
Negligence.
Note:- Every Industrialist has a right to establish Industry and to produce goods but he
has no right to cause harm and injure its own workers, people living in
surrounding areas etc by discharging effluents etc. There fore they need to take
utmost care .
Important Landmark case on Negligence:-
Donoghue vs Stevenson(1932 )
Facts:- Appellant went to retailer wine shop along with her boyfriend. He purchased
Ginger –Beer for her. The bottle was of Dark opaque glass and closed with Metal
Cap, and the contents were not seen. She poured some Ginger Beer from the
bottle into a tumbler and consumed, and when she poured the remaining Ginger
Beer into tumbler, she observed the decomposed body of a snail floated out.
She brought it to the Notice of retailer. The Ginger beer already consumed
affected on her, and she was seriously suffered in her Health. A suit was brought
against manufacturer of ginger beer. The Manufacturer contended that he did
not owe any duty of care towards plaintiff.
Judgement:- House of Lords held that manufacturers were liable for their
Negligence, and that they owed a duty to take care for every consumer
including the plaintiff that the bottles supplied by them did not contain any
Harmful and Noxious substances.
.
2.There was a Breach of Legal Duty casts upon the Defendant: -

 It means Non-observance of Due care which is required in a particular
situation.
 There are 2 points in determining the standard of care:-
i.The importance of the object to be attained.
ii.The Magnitude of the Risk, which could be foreseen by a reasonable and
prudent man.
3. The breach of duty caused the damage to the Plaintiff:- The Injured person Is entitled
for damages to be paid by the defendant to the plaintiff because he breached
his duty.
Theories of Negligence
There are 2 Kinds of Theories Negligence: -

1) Subjective Theory of Negligence: -
- This theory state that Negligence is a state of mind.
- As per this theory all acts of man are under subject “Control of his mind”
(Happiness, sadness, Love etc.)
- Sometimes man in his indifference causes Negligence.
- When a person did an accident, it depends upon his psychological feelings, and
more particularly on his indifference.
E.g.:-If I drive the vehicle in extraordinary speed, it means I know the consequences
of such speed. I can be punished under criminal Law for guilty Mind.
2.Objective Theory of Negligence: -
(Something that can be seen and observed by the senses)
- It’s not a state of mind, but merely a type of conduct.
- Courts must punish person/wrong-doer in criminal or tort cases depending upon his
conduct and the quantum of wrong done by him.
- As mental condition of a person cannot be seen, but his conduct can be seen
openly.
E.g.: - Car driver driving on Pedestrian on Pavement, here court shouldn’t go into his
feelings rather punish him for his negligent driving.
- The courts in torts cases enquire into the matter that how much damage was
caused to the injured by the conduct of wrong doer and fix the liability
accordingly.
- The Stockholm Declaration ,1972: - In Law of Torts, the defendant’s liability is
completed when he pays the victim compensation. But in Environmental Law,
the defendant besides payment of damages to the aggrieved persons ,he shall
have to take correctional steps to rectify previous and existing defects, and also
precautionary steps to prevent further environment pollution. Right to live
under Article 21 means right to live with safety and Healthy and it’s a
Wholesome Right.
Case Laws-
Naresh Tyagi v/s State of U.P 1995
Facts :- Chemical pests negligently stored in a godown in residential area.
Fumes emanating from pesticides leaked through ventilators and caused
the death of 3 children and an infant in mother’s womb who were living
in adjacent property.
Judgement:- Court held it’s a case of Negligence and provided
compensation
Nitin walia v/s Union of India 2001
Facts:- A case came before High court of Delhi. Nitin Walia a 3-year-old
boy visits zoo with the family. Seeing white tigress Nitin goes near cage of
a white tigress who eventually bites the boy right arm. The boy’s family
somehow tries to save him from tigress and rush it to Doctors in zoo, but
they expressed their inability to because of Lack of Medicine. The father
then turned to All India Medical Science. They amputated 2 and half
inches from shoulder to avoid further Loss of limbs. Thus a fit case for not
taking proper step.
Judgement: - Thus the duty as occupier established and zoo authorities
held responsible and awarded a compensation for 5 Lakh rupees.
Mukesh Textile Mills (p) ltd vs H.R. Subramanya Sastry 1987
Common Law action for negligence was applied to prevent any activity
causing Environmental pollution. In this case, appellant had a sugar
Factory and used to store molasses- a by-Product in the Manufacture of

sugar, in tanks, two of them were steel tanks and one was of mud, with
earthen embankment close to respondent’s Land separated by a water
channel. One day, this third tank collapsed as it was in a Dilapidated
condition and it was emptied into the water channel ultimately inundated
the paddy Fields of the respondent causing damage to the raised crops
The High court of Karnataka based the liability of appellant –defendant
on 2 grounds. One- who had stored large quantities of molasses in the
mud tank had the “duty to take reasonable care” in the matter of
maintenance. The duty to take care was not properly performed which
showed negligence on the part of the Appellant-Defendant. The
Appellant could reasonably have foreseen that damage was likely to be
caused if there was a breach in the tank. Thus, it was reasonable
foreseeable. Secondly, liability arises as the land was put to the non-
natural use. The court held,” in both situations, a duty-situation emerges
and the appellant must be held liable for the consequences of the escape
of the fluid from its tank.
. The case of Hagy v/s Allied Chemical and Dye corp(1953), In this case, the Plaintiff
blamed the defendant for harm caused to her Larynx. This Harm according to
her was caused when she drove through a smog covered area, with her
Husband. This smog, she said contained sulphuric acid components leaked from
the Defendant’s Plant negligently.
In this case, it was difficult to establish a connection between the injury and
the negligent Act. This was because the larynx was cancerous and she would
have to undergo surgery even if she had not driven through smog filled area.
Since a connection was not established between the act of negligence and injury
caused it was impossible to hold defendants liable.
Note: -
Negligence overlaps the provisions of Nuisance. This can be seen in cases
where the negligent Act extends for a long period of time causing unlawful
Interference with one’s enjoyment of the Land.
Eg:- Rylands v/s Fletcher (1868).
- The upside of claiming negligence is that the defendants have to prove to
the court and convince the judge that their actions/ omissions were not
negligent. It is upto the defendants to prove that reasonable care was

taken and all preventive measures were in place to prevent a Harmful
accident.
- If the defendants fail to prove their innocence, then damages are
provided to the plaintiffs.
- Once damages are awarded in one case, to shut off exposure to
prosecution, companies start taking measures to prevent Environmental
pollution which could cause harm to someone’s life or property.
Important provisions on Negligence:-
Offences under the Indian Penal Code affecting public Health, Safety and
convenience with respect to negligence,
Section 269- Negligent Act likely to spread infection of disease dangerous to life.
-Imprisonment of either description upto 6 Months or fine or both.
Section 270- Malignant Act likely to spread infection of disease dangerous to life
-Imprisonment of either description upto 2 years or fine or both.
Section 278- Making Atmosphere noxious To Health- Fine upto Rs.500.
Section 284 - Imprisonment of either description upto 6 Months or fine upto Rs
1000 or both.
Section 285- Negligent Conduct with respect to fire or combustible matter-
Imprisonment of either description upto 6 Months or fine upto Rs.1000 or
both.
Section 286 - Negligent Conduct with respect to Explosive Substances-
Imprisonment of either description upto 6 Months or fine upto Rs.1000 or
both.
Section 287- Negligent Conduct with Respect to Machinery- Imprisonment of
either description upto 6 Months or fine upto Rs.1000 or both
9) What is the principle behind strict and absolute liability? Explain

with landmark cases.
Strict Liability - Any person for his own purpose, brings/collects/keeps on his
land anything, which is mischief (=danger), if it escapes, and he is prima facia
answerable for all the damages. Underlying principle is ‘Sic utero tuo ut
alienum non laedas’ – which means ‘everyone must so use his own as not to
damage others’. Defendant is liable even though negligence is not proved on
his part. Propounded for the first time by J.Blackburn, in the case of Ryland vs.
Fletcher.
Ryland’s vs Fletcher (1868) - In 1860, Rylands paid contractors to build a

reservoir on his land, intending that it should supply the Mill with water.
Rylands played no active role in the construction, instead contracting out to a
competent engineer.
- While building it, the contractors discovered a series of old coal shafts
and passages under the land filled loosely with soil and debris, which
joined up with Thomas Fletcher's adjoining mine. Rather than blocking
these shafts up, the contractors left them.
- On 11 December 1860, shortly after being filled for the first time,
Rylands' reservoir burst and flooded Fletcher's mine, the Red House
Colliery, causing £937 worth of damage.
- Fletcher pumped the water out, but on 17 April 1861 his pump burst,
and the mine again began to flood.
- At this point a mines inspector was brought in, and the sunken coal
shafts were discovered.
- Fletcher brought a claim against Rylands and the landowner, Jehu
Horrocks, on 4 November 1861.
- The case was first heard by Mellor J and a special jury in September 1862
at the Liverpool Assizes a court order led to an arbitrator from
the Exchequer of Pleas being appointed in December 1864.The arbitrator
decided that the contractors were liable for negligence, since they had
known about the old mine shafts. Rylands, however, had no way of
knowing about the mine shafts and so was not.
- The case then went to the Exchequer of Pleas, where it was heard
between 3 and 5 May 1865.It was heard on two points:
first, whether the defendants were liable for the actions of the contractors
and
secondly, whether the defendants were liable for the damage regardless of
their lack of negligence.
Court of Exchequer Chamber, Fletcher appealed to the Exchequer Chamber of six
judges. The prior decision was overturned in his favour. Blackburn J spoke on
behalf of all the judges and said that:
“We think that the true rule of law is, that the person who for his own purposes
brings on his land and collects and keeps there anything likely to do mischief if
it escapes, must keep it at his peril, and, if he does not do so, is prima facie
answerable for all the damage which is the natural consequence of its escape”.
House of Lords - The House of Lords dismissed the appeal and agreed with the
determination for Fletcher. Lord cairns, in speaking for the House of Lords,
stated their agreement of the rule stated above by Justice Blackburn, but
added a further limitation on liability, which is that the land from which the
escape occurs must have been modified in a way which would be considered
non-natural, unusual or inappropriate. The case was then heard by the House
of Lords on 6 and 7 July 1868, with a judgment delivered on 17 July.
The following are the 3 Essentials of Strict Liability:-

1. Dangerous thing:- The liability for the escape of a thing from one’s Land arises
provided the thing collected was a Dangerous thing i.e a thing likely to do
mischief if it escapes.
2. Escape:-The thing causing the damage must escape to the area outside the
occupation and control of the defendant.
3.Non-Natural use of Land:- For the use to be Non-Natural ,it “ must be special
use bringing with it increased danger to others, and must not merely by the
ordinary use of land or such a use as is proper for the general benefit of the
community.
Defences / Exceptions:-
Plaintiff ‘s Own Fault:- When the plaintiff himself enters into the land of the
defendant and injures himself and then claims for damages ,he is basically not
liable for the damages, since he himself took a step forward towards dangerous
thing. Ponting vs Noakes:- Claimants horse died after it had reached over the
defendant’s fence and ate some leaves from tree.
Act of God(Vis major)- An event Directly and exclusively results from the occurrence
of natural causes that could not have been prevented by the exercise of
Foresight or caution. If the thing that escapes is unforeseen and without any
human intervention, caused by some super natural force, then the defendant
will not be held liable for the damages. Nicholas vs Marsland:-Defendant
constructed Dam on Natural stream flowing to create artificial lake. Heavy
rainfall embarkments of Artificial lakes gave away. Rush of water washed away
bridges of the Plaintiff, defendant not liable.
Consent of the Plaintiff:- Volenti non fit injuria i.e. where the plaintiff has consented
to the accumulation of dangerous thing on the defendant land.
E.g.:- Cricket matches, Car racing, Horse Races, wrestling matches.
Carstairs vs Taylor,the plaintiff hired the ground floor of the Land –
lord/defendant ,who was staying in First floor. The water was stored on the
top of the first floor ,which was used by both of them. Without any
negligence of the defendant, one day water tank bursted, and water flew
into plaintiff’s portion, damaging the plaintiff’s goods. Here, as the water
was used by both of them commonly, and the plaintiff also knew presence
of the tank and its utility and danger, the defendant wasn’t held
responsible.
rd
Act of 3 Party: - Doesn’t apply when damage is caused by act of a stranger. If act of
a stranger is forseen by defendant, due care must be taken by defendant to
avoid the damages. Box vs Jubb, the reservoir of the defendant overflowed
because of a blockage in the drain by the strangers. The courts didn’t find the
Defendant to be held liable.
Statutory Authority: - If there is any Negligence, on part of defendant under
statutory Authority defence can’t be taken.
Green v/s Chelsea co. (1894), The defendant company was a Statutory authority
to supply the water to the town by the pipes. Without their Fault or Negligence,
the water pipes broke, and water entered into plaintiff’s house causing damage.
In this case, defendant was not held responsible.
Absolute Liability - (The rule in M.C Mehta v. Union of India @ oleum gas leak case)
In this, an enterprise which is engaged in a hazardous or inherently dangerous
activity & harm results to anyone on account of an accident in the operation of

such hazardous or inherently dangerous activity resulting, is strictly or
absolutely liable to compensate all those who are affected by the accident. In
other words, absolute liability is strict liability without any exception.
Union carbide Corporation vs Union of India (1986) @ Bhopal Gas Tragedy case
Brief Facts:- In 1970, the American Enterprise Union Carbide Corporation (UCC)
established a pesticide plant in densely populated region in Bhopal.
- The site was to be used for light commercial and industrial activity but not for
Hazardous activity.
- In 1984 the plant was manufacturing selvin at 1/4th of its capacity due to decrease
demand of pest.
- It also made plans to dismantle key production units and transfer it to some other
country.
- Government had awareness of Lower standards, but it was reluctant to impose
strict controls on a struggling industry, which was also a large employer.
- At around 1a.m on December 3 ,1984 enormous amounts of Methyl Isocynide(MIC)
quickly engulfed the city. Within hours, a large number of Humans and animals
died due to inhaling poisonous gas. According to an estimate around 3787 died
immediately, and hospitals where flooded with clueless patients and surprised
doctors who didn’t knew either about toxin or any other antidote, which in first
few days leading to death count reaching to 10000.
Consequence: -
- UCC started distancing itself from its Indian Subsidiary, intending to evade Liability
by transferring blame to UCIL.
- Furthermore it carried effects to next generations and people started suffering
from various eye related, respiratory, Gastro-intestinal, Reproductive and
neurological disorder. Among Injured were pregnant women who experienced
Abortions, had premature deliveries and gave birth to Infants with foetal
Abnormalities.
Causes: -
- In order to minimize cost and by avoiding crises management plan UCC

compromised with the Health and safety standards.
- It was duty of state to protect and improve environment and to safeguard Forests
and wildlife as part of Directive policy of constitution.
- Somewhere lack of governmental monitoring did not invoke any sense of urgency
against the company.
- The company officers admitted during investigation that most of safety system
were not functioning on the Night of 3rd December,1984.
Litigation aftermath of Disaster:-
- Bhopal gas leak disaster (Procuring of claims) Act, March 29, 1985.This
act gave powers to the central government to represent the people.
- Case filed before southern district court of New York, USA and inability
of Indian Court’s matter to be before US courts.
- Matter was dismissed on Forum Non-convenience i.e
"acknowledgement that another forum or court is more appropriate and
sending the case to such a forum.
- September 1986, Union of India filed a complaint in District court of
Bhopal for interim compensation (3.5 Billion rupees, Madhya pradesh
High court reduced it to 2.5 Bill court).
- The court asked union carbide commission to pay 470 million dollars (Appx) 750
crores in full settlement of all claims, rights and liabilities related and arising out
of Bhopal gas tragedy.
- All civil proceedings concluded and all criminal matters quashed.
- Despite main claim of 3 billion USD, company agreed for 470 Million.
- In 1989 the supreme court clubbed several petition and revived criminal
proceedings
- During 1990, the 1st year plan, central government sanctions a 250 crore rupees’
fund for medical, economic, social and environmental rehabilitation of the
victims.
- In June 2010 former employees, including former UCIL chairman were convicted
in Bhopal for causing death by negligence and were sentenced to 2-year
imprisonment and fine of 2000 USD.
New Changes-
Principle of Absolute Liability :-
In this case, the supreme court increased the bar of tortious liability when it held that
an enterprise engaging in any harmful or inherently dangerous activity had an
absolute and “Non-delegable duty to ensure that no one was harmed, and if
anyone was harmed, they were to be compensated”. There are no exceptions
unlike strict Liability wherein the defendant can take an escape from his
liability
The Public Liability Insurance Act,1991 is another act with an aim to provide
immediate relief to the victims affected by accidents while handling hazardous
substances and for matters connected there with or incidental thereto. The Act
makes it mandatory for owner that he shall take before he starts handling any
hazardous substances, 1 or more insurance policies and renewing them from
time to time before expiry. They can seeker larger compensation expeditiously.
NGT- Acknowledging the need to deal with cases related to environment effectively
and expeditiously the government established the National Green tribunal in
2010 through National Green Tribunal Act,2010.
The disaster catalysed a shift in terms of environmental consciousness,
Environmental policy, Judicial Activism and Human rights and thereby
Reinforced the right to clean and Healthy Environment.
Oleum Gas Leak case – MC Mehta and ors vs UoI (1987)

Brief Facts:- In a thickly populated area of about 2 Lakh People, Shriram Food And
Fertilizers Factory a subsidiary of Delhi cloths Mills ltd was located in Delhi.
- It was involved in production of Hard Technical oil and Glycerine soaps.
- M.C Mehta submitted a Writ petition before Supreme Court seeking an order for
closure and relocation of Shriram Caustic Chlorine and sulphuric Acid Plant to
an area where no real danger to people’s health and security will exist.
- Pending Disposal of the Petition , the Supreme Court through its 3 Bench Judge
allowed the plant to restart its capacity and work.
- On 4th of December 1985, Oleum Gas Leaked from one of its units during the
Pending Law suit causing substantial damage to local residents as a result of
leak.
- Petitioner highlighted the death of an Practicing Advocate in Tiz Hazari Courts who
died due to oleum gas inhalation.
- The reason was the collapse of the structure on which it was built, the leakage
resulted from bursting of the tank containing Oleum Gas, and it generated fear
among citizens residing there.
- Not even 2 Days passed, another minor leakage occurred due to passing of gas
through Joint pipes, after which claim for compensation were filed for people
who had suffered Damage as a result of Gas escape, by Delhi Legal Aid and
Advice Board and the Delhi Bar Association.
- Delhi Administrations immediate response to this incident was to Issue an order
dated 6th Dec,1985 by Delhi Magistrate invoking section 133 of Crpc ordering
the said factory to stop Occupation and Manufacturing and processing of
Dangerous and lethal chemicals including gases like Super chlorine, phosphate,
Oleum etc. from factory within 7 days and to refrain from storing them in the
same place or to appear in District Magistrate court on 17 Dec, 1985, to
showcase as to why this order shouldn’t be enforced.
- Supreme Court referred this matter to 5 bench Judge because questions raised
substantial questions of law, and also that the court had to interpret ambit and
scope of Article 21 And 32.
Questions raised for Debate before court: -
a. Can Hazardous Factories be located in Residential Areas?
b. Should a regulating mechanism be established in every area where such factories
located?
c. What should be Standard to measure compensation in such cases?
d. What is the scope of Article 32 in these cases?
e. Can Absolute Liability be applied in this Case?
f. Does private factories like Shriram fertilizers be treated as a part of state under
Article 12 of constitution?
- Manmohan Singh Committee and Nilay Chaudhary Committee gave certain
recommendations to ensure that there is continued compliance with safety
standard Procedure so that such potential risks can be avoided in future.
The Main Provisions set up by the Government included,
a. Appointment of an Inspector by central pollution control Board to keep a check

on the emission levels in compliance with Water and Air pollution Acts.
b. To Appoint a safety committee for the welfare of the employees.
c. Industries to put forward in public domain the procedure to treat chlorine
properly.
d. Using Audio-visual media to educate and train employees how to keep them
safe under factory premises.
e. The employees of said factory also were to furnish an undertaking of chairman of
Delhi Cloth Mills ltd that they will be “personally liable” for paying
compensation for any death or injury in the event of Gas escape result in death
or injury to staff or people living in vicinity.
Observation Made by the court:-
a. Justice Bhagwati, stated that proposal to eliminate toxic and Hazardous factories
could not be followed because they still continue to contribute to economic
and social development of the country.
b. The eminent Risk factor towards public can be reduced by taking all measures
wherein public is least vulnerable and safety requirements are maximized.
c. It was also noted that permanent factory closure will result in unemployment of
4000 workers in caustic soda factory and add to Social poverty problem.
d. In event of threat to fundamental rights, the scope of Article 32 is not limited to
preventive actions but also includes power to offer remedial relief.
Judgement:-
a. An Industry that engages in Hazardous activity and thereby pose a threat to Health
and safety of those who work and live nearby is obligated to ensure that there
is no harm to anybody. This industry must perform its operations with Highest
safety requirements and the industry must be completely responsible to
compensate for any harm caused by them, as part of social cost for carrying
such Hazardous activity and it includes damages caused by gas, from death to
disease to hospital must be covered.
b. Court performed the function of an Extra-parliamentary body by insisting that
concept of Absolute liability be used and thus set a precedent for future cases
to come.
Conclusion: - Judgement focused on Economic development of country at one end

and also ensured social justice for victims at the other end. It was for the first
time company was held Absolutely and exclusively responsible for an
incident and had to pay compensation irrespective of its claims in defence.
Thus it was a rational decision taking social, economic and legal factors into
consideration which made Supreme court defender of Environment and Public
Rights.
10) What is noise and smoke pollution? Explain in the light of
landmark judgements.
The word noise is derived from Latin word “Nausea”.
What is Noise?
- The expression noise has not been defined statutorily. But the
expression “noise” was inserted into the Air (prevention and control of
pollution) Act,1981 by the Amendment Act.
- Law of lexicon defines term “noise” as “Loud, confused or senseless
sound, which is capable of causing physical and mental discomfort.
- It is defined to mean “sound which is undesirable by recipient”.
What is Noise pollution - means defilement of atmosphere due to sound. In other
words, disturbing the atmosphere by means of sound.
Causes of noise pollution: - Basically there are 2 categories of noise pollution.
A. Natural Noise pollution: - It includes noise from chirping of birds, movements of
waves on seas, crying and roaring of animals, sounds from volcanic eruptions
and exchanging voices of living beings.
B. Man-Made Noise pollution: -This category of Noise pollution is caused by
machines, automobiles, trains, aeroplanes, social and religious celebrations,
speeches, construction works and other equipment etc.
Kinds of Noise pollution: - There are 3 Kinds of Noise Pollution, They are: -
Industrial noise pollution: - The noise pollution produced through industrial activity
is called Industrial noise pollution. It includes noise coming from boilers, machinery,
foundry, flour-mill, cutting machines etc.
Urban Noise pollution: - The noise pollution created by automobiles,

Advertisements, loudspeakers, Cultural and festival programmes, trains,
aircraft, construction work, domestic noise from TV, Juicer, sirens etc.
Rural Noise pollution: - It generates the least hazards in comparison with the
Industrial and urban Noise pollution. Eg:- Noise from tractors, pumping sets,
Flour mills etc.
Effects of pollution: -
Psychological effects: -The Psychological and behavioural effects created by
excessive noise include annoyance, fatigue, improper speech, psychosomatic
disorder, tension-related diseases, sleep interference, mental illness and
emotional illness.
Physiological Effects: - Chronic noises can also be the cause of producing stomach
ulcers and reduce the flow of gastric juices and change their acidity causing
neurosis, allergies and cardiovascular and circulatory diseases, abortions and
congenial defects in unborn children.
Important cases: -
1. Dhannallal vs Chattarsingh, AIR 1959 - The Madhya Pradesh High court laid the
law relating to Noise in very clear terms, Constant noise, if abnormal or unusual,
can be an actionable nuisance, if it interferes with one’s physical comfort. The
test of nuisance, personal discomfort is the actual local standard of comfort, and
not an ideal or absolute standard.
2. P.A Jacob Vs Superintendent of police, Kottayam, AIR 1993 - Kerala High Court
had an occasion to consider whether constitution of India guarantees a right to
use loud speakers as part of right of freedom of expression as enshrined under
Article 19(1)(a) of constitution, court held that Right to speech implies the Right
to silence. It also implies freedom not to listen, not to be forced to listen.
3. M.C Mehta vs Union of India and others (1998) (Yanni musical concert case)
Facts:- Yanni is a Musician from America intended to conduct musical concert at Taj
Mahal. The petitioner filed a writ petition under Article 32 and prayed the
supreme court to give directions: -
- To take actions against the authorities responsible for damaging and
destroying the green belt within 500 meters of Taj Mahal.
- To Direct the state of U.P to shift venue of Yanni concert beyond 500
meters as recommended by central pollution control board.
- To Direct Union of India and state Government not to allow vehicles,
generators and sound equipment within 500 metres of Taj Mahal.
- To constitute a committee to take appropriate steps to protect green
belt
Judgement- Supreme court gave a direction that concert be held 750 meters away.
Visitors to stop their vehicles 750 meters away from Taj Mahal and organizers
to arrange Battery buses up to a distance of 200 meters away from bridge
constructed for this purpose and from there were to go by walk to venue.
Expert committee to be constituted with :-
 One officer from Archaeology survey of india
 One officer from Agra Development Authority
 One officer from central pollution control Board
 One officer from Ministry of environment and Forest
The silent zone to be maintained where in noise should not exceed 40 decibels.
There are basically 2 types of remedy under Noise pollution: -
Non-Legislative or General Measures: -
- It can be reduced and controlled by regular Repairs of machinery.
- Noise absorbing materials like Ear-defenders, ear-plugs to protect them
from Hazardous effects.
- Planting trees like banyan, Tamarind and neem along Highways or streets
help in abating noise in cities and towns.
- Noise Insulating and Noise absorbing roads and buildings to be
constructed.
- Strict check on Industries and mining operation for noise control is
essential while issuing of and renewal of licenses.
- Intervals between Blasting of rocks and explosion should be 17
milliseconds or more.
- Noise insulation scheme be introduced in and around international
airports.
- Loudspeakers and amplifiers should be so manufactured that they do not

produce more than 80 db of noise.
- There should be complete ban on the use of loudspeakers during 10 p.m
to 5 a.m
- Railway tracks and highways should be away from residential areas.
- Public awareness is a must for betterment of environment.
Legislative measures: -
In India the Environment (Protection) Act,1986 and its rules and schedules deal with
noise pollution and also seen under various statutes.
I. Noise under the Penal Code,1860.
Noise is a public nuisance under Section 268. It provides, “A person is guilty of Public
nuisance who does any act or is guilty of an illegal omission, which causes any
common injury, danger or annoyance to the public or to the people in general
who dwell or occupy property in the vicinity or which must necessarily cause
Injury, obstruction, danger or annoyance to persons who may have occasion to
use any public right. Section 290 talks about punishment for public nuisance-
Punished with fine which may extend to Rs200.
II. Noise control under CRPC- Chapter X- Section 133 prescribes for
abatement(reduce) of nuisance. Chapter XI- Section 144 in urgent nuisance.
III. Aircraft Act,1934- In this Act, it has been suggested that Aerodromes be
constructed far away from residential areas of a city in order to protect
residents from noise created by frequent take-offs and landings.
IV. Motor vehicles Act,1988 and noise control - Section 110 empowers the central
government to frame rules for the up-keeping of Motor Vehicle’s noise
standards.
V. Environment (Protection) Act,1986
- The Indian Parliament enacted the Environment(Protection) Act,1986 to
prevent, control and abate environmental pollution which came into force on
19th November,1986.
- Section 2 defines Environment, Environmental pollutants and pollution.
- Section 6(2)(b) mentions the word noise and provides that the government
may make rules for the allowable limits of environmental pollutants including
noise from different areas.
- Rule 5 of the Environment (protection) Rules 1986 under clause (I) (ii)
empowers the central government to make rules regarding “the maximum
allowable limits of various environmental pollutants (Including noise) for an
area. Central govt notified noise pollution (regulation and control) rules,2000 on
19th February,2000 for preventing adverse impact on Human health, including
harmful psychological effects.
- Noise pollution (Regulation and control) rules ,2000 have been noticed to regulate
the level of noise pollution in urban areas, including metropolitan cities, from
various sources. This also includes ban on use of loudspeakers without written
permission and also generates sets.
Rule-3 provides for ambient air quality standards in respect of noise for different
areas divided into :-
a. Industrial Area
b. Commercial Area
c. Residential Area
d. Silent zone
Note: - a. Daytime shall mean from 6 a.m to 10 p.m.
b. Night time shall mean from 10 p.m to 6 a.m
c. Silent zone is defined as an area compromising not less than 100 meters around
Hospitals, Educational institutions and courts.
Rule-4: - Responsibility as to enforcement of noise pollution control measures. :-
Rule 4(2) The authority shall be responsible for the enforcement of noise
pollution control measures and the due compliance of the ambient air quality
standards in respect of noise.
Rule 5: - Restriction on use of public address system: -
(i) A speaker or public address system to be used only after obtaining written
permission from Authority.
(ii) It shall not be used at night (between 10 00 pm to 6 .00 a.m) except enclosed
premises for communication e.g.: - Auditoria, conference rooms, Banquet Halls
etc. .
Rule 6:- Consequences of any violation in silence zone:-
The person will be liable for penalty under the above provisions:-
a. Whoever, plays any music or uses any sound amplifiers

b. whoever, beats a drum or tom –tom or blows a horn either musical or pressure, or
trumpet or beats or sounds any instrument , or
c. whoever exhibits any mimetic, musical or other performance of a nature that
attract crowds.
Rule 7: - Complaints to be made to the Authorities who shall take action against the
violater. In accordance with the provisions of these rules and any other Law in
force.
Rule8:- Power to Prohibit etc. continuance of sound or music :- If the Authority is
satisfied from the report of an officer in charge of a police station or other
information received by him including from the complainant that it is
necessary to do so in order to prevent annoyance, disturbance, discomfort or
injury or risk of annoyance, disturbance, discomfort or injury to the public or to
any person who dwell or occupy property on the vicinity, he may issue such
written instructions as he considers necessary.
Smoke Pollution
- It is the presence of the substances in the atmosphere that are harmful to the
Health of human and other living beings, or cause damage to the climate or
materials.
- There are different types of its gases, particulates and biological molecules.
- These particles can come from car and truck exhaust, factories, dust, pollen,
volcanic eruptions, stubble burning, wildfires etc
- The biggest health risk from smoke is through its fine particles.
- They can cause a range of health problems, from burning eyes and a running nose
to aggravated Heart and Lung diseases.
M.C Mehta vs Union of India and others (1997) or
(Taj Trapezium Matter/Taj pollution case).
Brief facts of the case: -
The petitioner filed a writ petition no.13381 in 1984 under Art. 32 of the
Constitution of India. He requested the supreme court to issue necessary
directions, instructions, orders to all the public and private persons to prevent
air and smoke pollution on the Taj Mahal. He contended that the Sulphuric acid
emitted by Mathura refineries was cause of acid rain, brick kilns, vehicular
traffic, coal users and generators sets are primarily responsible for polluting the
ambient air around Taj Mahal.
Judgement: -
- Supreme court directed 292 Industries to stop with the burning of coal.
- Those not using gas instead of coal shall be asked to close their units.
- The workmen employed in above mentioned 292 industries shall be entitled to the
rights and benefits under the labour and industrial laws for the period of
shifting and entitled to bonus till they shift to new location.
- The government to appoint an Agency to see that they solve problems of shifting
industries.
- Agra bypass road shall be constructed to divert traffic which passes through the city.
- All shops within premises of Taj to be closed and Direction to government to declare
Taj a Heritage sight.
Principle Laid down: -
- Supreme court adopted Precautionary principle and sustainable development
wherein Cultural heritage is protected at one end and economic development
at the other.
- It also adopted Polluter pays principle wherein, if anybody degrades the
environment, not just a penalty is levied on him but he /she also has to restore
environment to its previous state.
11) Describe the functioning of the National Green Tribunal.

- A Tribunal is established for the adjudication of disputes related to some
specific areas, whereas courts exist for the adjudication of all kinds of disputes
regardless of any specific area.
-Rules of natural justice ensure fairness in any adjudicatory process. Final

judgement of Tribunal is generally called ‘award’.
- The National Green Tribunal was established on 18th October, 2010 under the
National Green Tribunal Act, 2010 for the effective and expeditious disposal
of cases relating to environmental protection and conservation of forests and

other natural resources including enforcement of any legal right relating to

environment and giving relief and compensation for damages to persons and
property and for matters connected therewith or incidental thereto.
-It is a specialized body equipped with the necessary expertise to handle

environmental disputes involving multi-disciplinary issues.
- The Tribunal is to make efforts for disposal of applications or appeals finally

within six months of filing of the same. Initially, the NGT was proposed to be
set up at five places of sittings and follow circuit procedure for making itself
more accessible.
- New Delhi is the principal place of sitting of the Tribunal and Bhopal, Pune,
Kolkata and Chennai are the other four place of sitting of the Tribunal.
Composition of National Green Tribunal (NGT)- NGT comprises of both judicial

and expert members as adjudicators.
- The Chairman of NGT is a judicial member and must be or has been a

judge of the Supreme Court of India or Chief Justice of a High Court.
- The Chairman is appointed by the Central Government in consultation
with the Chief Justice of India. Other judicial members of the NGT must
be or has been a judge of the High Court.
- For an expert member a person must have a doctorate degree in life
sciences or physical sciences with fifteen years’ experience in the
relevant field including five years’ practical experience in the field of
environment and forest in a reputed national level institution or an
administrative experience of fifteen years including experience of five
years in dealing with environmental matters in the Central or State
Governments or in a reputed National or State level institution.
- The Judicial and expert members are appointed by the Central
Government on the recommendation of a Selection Committee.
Jurisdiction and Powers of NGT - Jurisdiction means authority of any Court or

Tribunal to accept a matter for hearing and decision. NGT has the jurisdiction
over all civil cases where a substantial question relating to environment
(including enforcement of any legal right relating to environment), is involved
and such question arises out of the implementation of the enactments specified
in Schedule I of the National Green Tribunal Act, 2010. Schedule I of the Act
lists following legislations:
(i) The Water (Prevention and Control of Pollution) Act, 1974;
(ii) The Water (Prevention and Control of Pollution) Cess Act, 1977;
(iii) The Forest (Conservation) Act, 1980;
(iv) The Air (Prevention and Control of Pollution) Act, 1981;
(v) The Environment (Protection) Act, 1986;
(vi) The Public Liability Insurance Act, 1981;
(vii) The Biological Diversity Act, 2002.
This explains the importance of NGT, as the above mentioned legislations
together stands for what we know as the ‘Environmental Law’.
NGT is empowered to provide by an order:
- Relief and compensation to the victims of pollution and other

environmental damage arising under the enactments specified in
Schedule I (including accident occurring while handling any hazardous
substance) of the Act.
- For restitution of property damaged.
- For restitution of the environment for such area or areas
The above mentioned remedies must be claimed by the persons aggrieved

within 5 years from the date when the cause of action arose. Cause of action
means the happening of the very reason which enables the person to approach
NGT. Though, in exceptional cases the Tribunal may give sixty more days for
filing of the application before it, if the Tribunal is satisfied that the applicant
was prevented by a sufficient cause to file the application within 5 years.
- The Act mandates that in case of accident, the Tribunal shall, apply the
principle of ‘no fault’. ‘No fault principle’ stipulates that in case of
accident the owner or the employer cannot take the defence of him/her
having committed no fault.
- If accident occurs and as a consequence of it damage is caused to any

person or environment, the owner or the employer is liable, only because
of the fact that accident occurred in his/her enterprise. Apart from this
principle, NGT has to also apply the principles of ‘Sustainable
Development’, ‘precautionary principle’ and ‘polluter pays principle’,
while giving an order or decision or award.
Procedure- NGT is not bound to follow the procedures laid down in the Code
of Civil Procedure, 1908; or the Indian Evidence Act, 1872; rather it has to be
guided by the principles of natural justice.
- It has for the purposes of discharge of its functions all the powers of the
Civil Court for trying a suit as given under the Code of Civil Procedure,
1908.
- Any decision, order or ‘award’ of the Tribunal is executable by the
Tribunal as a ‘decree’ of the Civil Court and, therefore, for this purpose
the ‘Tribunal’ will have all the powers of a Civil Court. The Tribunal can
also if it deems fit transmit its order or award for execution to a Civil
Court having local jurisdiction as if it were the ‘decree’ of that Civil Court.
- Minimum number of members who must together hear and decide a case
is two, out of which one must be a judicial member and other an expert
member.
- The decision of the Tribunal by majority is binding. In case the opinion of
the bench is equally divided then the matter is to be heard and decided
by the Chairman of NGT if he/she was not part of the equally divided
bench.
- In cases, where the Chairman himself/herself is part of the equally
divided bench then he/she shall refer the matter to other member of the
Tribunal not part of that equally divided bench to hear the case and
decide.
Penalty- Whoever fails to comply with any order, decision or award of the NGT
under the National Green Tribunal Act, 2010, commits a cognizable offence and
shall be punishable with an imprisonment for a term which may extend to three
years or with fine which may extend to 10 Crore rupees (25 Crore in case of a
company)
- Where any Department of the Government fails to comply with any order
or ‘award’ or decision of the tribunal under this Act, the Head of the
Department shall be guilty of such failure and shall be liable to be
proceeded against for having committed an offence and punished
accordingly.
- Provided that if such Head of the Department proves that he/she
exercised due diligence and that he had no knowledge about the
commission of the offence he shall not be punished.
- Apart from this any other Government officer may also be punished
accordingly for such offence if it can be proved that the offence was
committed with the consent or connivance of such officer or is
attributable to his/her neglect.
Appeal- In an appeal the person who has lost the case can again challenge the
decision made by the NGT before the Supreme Court. Any person aggrieved by
any decision, order or award of the Tribunal, may file an appeal before the
Supreme Court within 90 days from the date of communication of such
decision, order or award. Though, the Supreme Court may allow a person to file
such appeal even after 90 days if the Court is satisfied that the person
appealing was prevented to do so for sufficient cause.
12) What are the relevant provisions available for abatement of

public nuisance and the procedure laid down to control pollution.
Explain with the help of case laws.
Relevant Provisions: -
a) Code of Civil Procedure

- Sec 91cpc, Advocate General with the permission of 2 or more persons who
are irrespective of whether special damage is caused to them or not can
institute a suit.
- It’s a potent weapon for ecological maladies and Reservoir for class Action
suits
- It’s a representative suit filed by giving notice via advertising etc.
- The courts give discretion to allow impleading or including parties which were
not originally made a party to the suit.
- The remedy may be either Injunction, Declaration or any other relief that is
appropriate in case to case.
- The decree passed in the suit is binding on all parties on whose behalf or for
whose benefit or for whose benefit the suit is instituted.
Criminal offences under IPC

A. Word “person” as per section 11 means “any company or association or body of
persons whether incorporated or not. Thus Word public includes any class of
public or any community.
B. Section 268 defines Public Nuisance with the following essentials: -
- Doing of any act or illegal omission to do an Act,
- The Act or omission: -
a. Must cause any common injury, danger or annoyance: -
i.To the public or
ii.To the people in general, who dwell or occupy property in the vicinity or,
b. Must necessarily cause injury, obstruction, danger or annoyance to
persons who may have occasions to use any public right.
C. Section 290: - provides punishment for Public nuisance which is prescribed

as fine, which may extend to Rs 200.
List of sections in Ipc on Public nuisance: -
1.Section 188-Disobedience of an order of a public Authority is made a criminal
offence.
2.Section 272- Adulteration of food or drink intended for sale ( Imprisonment of
Either description for a term which may extend to 6 Months or with fine which
may extend to 1000 Rs or both.
3.Section 273- Sale of noxious food and drinks same as above.
4.Section 277- Fouling water of public spring or reservoir-(Imprisonment of either
Description upto 3 Months or fine upto Rs.500 or both
5. Section 283 –Danger or Obstruction in Public way(Fine upto Rs 200)
6. Section 291- Continuance of nuisance after Injunction to Discontinue (

Imprisonment of Either description for a term which may extend to 6 Months or
with fine or both).
C) CRPC, 1973: -
Which provisions of crpc talks about public nuisance?

 Part B of chapter X of crpc deals with public nuisance wherein section 133
to 143 and 144 deal with abatement(reduction) of nuisance.
2. Who are competent to pass orders?
a. District Magistrate
b. Sub divisional Magistrate
c. Any other executive Magistrate specially empowered.
3. When can above Authorities Initiate an Action:
A. On receiving: -
i.The report of a police officer or
ii.Other information
B. On taking Evidence (if any) as he thinks fit considers that: -
- that any unlawful obstruction or nuisance should be removed from any
public place or from any way, river or channel which is or may be lawfully
used by the public; or
- that the conduct of any trade or occupation, or the keeping of any goods or
merchandise, is injurious to the health or physical comfort of the community,
and that in consequence such trade or occupation should be prohibited or
regulated or such goods or merchandise should be removed or the keeping
thereof regulated; or
- that the construction of any building, or, the disposal of any substance,
as is likely to occasion configuration or explosion, should be prevented or
stopped; or
- that any building, tent or structure, or any tree is in such a condition
that it is likely to fall and thereby cause injury to persons living or carrying
on business in the neighbourhood or passing by, and that in consequence
the removal, repair or support of such building, tent or structure, or the

removal or support of such tree, is necessary; or
- that any tank, well or excavation adjacent to any such way or public place
should be fenced in such manner as to prevent danger arising to the public; or
- that any dangerous animal should be destroyed, confined or otherwise
disposed of, such Magistrate may make a conditional order requiring the
person causing such obstruction or nuisance, or carrying on such trade or
occupation, or keeping any such goods or merchandise, or owning, possessing
or controlling such building, tent, structure, substance, tank, well or
excavation, or owning or possessing such animal or tree, within a time to be
fixed in the order.
4.What a Magistrate Can do?
He may order
(i)to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be
directed, such trade or occupation, or to remove such goods or merchandise, or
to regulate the keeping thereof in such manner as may be directed; or
(iii)to prevent or stop the construction of such building, or to alter the disposal of
such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or
support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner
provided in the said order; or, if he objects so to do, to appear before himself
or some other Executive Magistrate subordinate to him at a time and place to
be fixed by the Order, and show cause, in the manner hereinafter provided,
why the order should not be made absolute.
5.Why this provision is significant?
- No order duly made by a Magistrate under this section shall be called in
question in any Civil Court.
- Explanation- A" public place" includes also property belonging to the State,
camping grounds and grounds left unoccupied for sanitary or recreation
purposes,
- so an executive magistrate can interfere and remove a public nuisance in the
first instance with a conditional order and then a permanent one.
- He can adopt Immediate measures to prevent Danger or injury of a serious
kind of public.
Case laws: -
1. Ram Baj Singh vs Babulal AIR 1982: In this case, the Plaintiff-Appellant, a medical
practitioner, constructed a consulting chamber opposite the brick grinding
machine erected by the defendant-respondent. There was a distance of 40 feet
between the two and a road intervened between the grinding machine and the
consulting chamber. The plaintiff alleged that the machine generated dust which
polluted the general atmosphere and entered the consulting chamber causing
physical inconvenience to him and the clients sitting inside the chamber. These
allegations were denied by the defendant.
The court held that defendant is liable as the facts proved that plaintiff could
prove “special damage. As it was a Public hazard and was bound to cause harm
to the health of persons, it amounted to substantial injury. Hence Appeal
succeeded.
2. In Dhannallal vs Chittarsingh, AIR 1958, the Madhya Pradesh High court held
that the constant noise, if abnormal or unusual, can be actionable if it interferes
with another’s physical comfort. The person causing nuisance may be
restrained by injunction, although he may be conducting business in a proper
manner according to rules framed in this behalf either by the Municipality or by
the state.
3. Krishna Gopal vs State of M.P(1986) The Appellant in Revision petition was
one of the Partners of M/s Caplic company ,which had established a factory
consisting of a boiler for producing Glucose saline in House No. 23/2,
Manoramaganj, a heavy residential colony in indore. The boiler was run by coal,
round the clock . The joint director town and country planning issued a “No
objection Certificate” to M/s caplic Company. The bolier was emitting

Ash,gases,smoke into the atmosphere ,which caused nuisance to the residents
of the colony. Complaint was brought before by Smt.Sarla Tripathi and sub-
divisional magistrate on due inquiry found it to be true and asked owners of
caplica to remove boiler from colony.
The company appealed and same was confirmed by Addl session judge. When
it was appealed further The Indore bench of Madhya Pradesh High court
Confirmed Sub divisional magistrate orders. It also awarded her 1000 rs towards
her cost of proceedings to be paid by caplic co.
4. In Radhey shyam vs Gur Prasad, AIR 1978, Gur Prasad a resident in the first
floor of the premises Filed a suit for injunction against Radhey shyam to restrain
them from installing and operating a flour mill in the ground floor of the
building. It was alleged that floormill would cause nuisance due to rattling noise
of the flourmill and that their health would be adversely affected. The court held
that the substantial addition to noise in an already noisy locality seriously
interfered with the physical comfort of the Resident and hence he is entitled to
injunction.
5.Municipal Council,Ratlam vs Vardhichand and others AIR 1980 According to
the court where it existed a public nuisance in Locality due to open Drain, heaps
of dirt, pits and public excretions by humans for want of lavatories and
consequential breeding of mosquitoes , the court may require the municipality
under Section 133 of the code of criminal procedure and in view of section 123
of the Municipalities Act to abate the nuisance by taking affirmation on the
time bound basis.
6. In Kachrulal Bhagirath Agarwal and others vs state of Maharashtra 2004
An order passed by Magistrate holding the appellant as guilty of Public nuisance
and said order was confirmed by the High court on Appeal, the supreme court
has held that Nuisance is an inconvenience which materially interferes with the
ordinary physical comfort of human Existence. The object and purpose behind
Section 133 of crpc is to prevent public nuisance and involves a sense of
urgency if the Magistrate fails to make recourse immediately irreparable harm
would be done to the public. The court clarified that section 133 of crpc does
not deal with all potential nuisance but only applies when the nuisance is in
existence.
7.Kuldip singh vs Subhash Chandra Jain 2000

Here the plaintiff subhash Chandra Jain feared that the baking oven and 12 foot
chimney built by his neighbour would cause a nuisance when the bakery
commenced. The trial court restrained the defendant as the operation of oven
would result in Emitting smell and generating heat and smoke which taken
together would amount to nuisance.
But the supreme court stated that in case of a future nuisance a mere possibility
of injury will not provide the plaintiff with a cause of Action unless threat or
injury be so certain that the injury actionable in Law will arise unless prevented
by an Injunction.
8. M.C Mehta vs Union of India (1988)- Known as River ganga Pollution case. In
this case, tanneries were discharging their untreated effluents into the river and
many nallahs were also releasing the city waste into the river, thereby causing
the water pollution. The court issued various detailed directions to the
Municipal corporation of Kanpur city to maintain the wholesomeness of the
water of the river by taking necessary steps to stop the release of Industrial
effluents and municipal waste into River Ganga.
9. The Karnataka High court in V.Laksmipathy vs state of Karnataka AIR 1992
observed that air, water, Land and noise nuisance were hazardous ,and
industries cannot be permitted to operate while causing air and noise pollution
affecting the quality of Environment.
10. M.C Mehta vs Union of India ,(1996) Exposure of unwilling persons,
residents of a locality, to the dangerous and disastrous levels of noise amounts
to noise pollution and is known as noise nuisance.
11.P.A. Jacob vs spdt. of police, AIR 1993. The courts have also accepted (Public
Interest Litigation) PIL even when there is a Likelihood of air and noise pollution
or apprehended nuisance.
Procedure for Removal of Public Nuisance (section 133-143) crpc:-
- The magistrate makes a conditional order as described above.
- The order shall be served on the person against whom it is made as a summon.
- If it cannot be served, it shall be notified by proclamation and a copy thereof shall

be stuck up at such place as may be fittest for conveying the information to such
person. (section 134).
- The person against whom such order is made shall perform the act directed or, the
person shall appear in accordance with such order and show cause against the
same (Section 135).
- If such person does not perform such act or appear and show cause, he shall be
liable to the penalty prescribed under section 188 of IPC (section 136).
The penalty prescribed under section 188 of Indian Penal Code is:
a. If such disobedience cause/tends to cause obstruction/annoyance /injury/then
one-month Imprisonment or Rupees 200 or both.
b. If such disobedience cause/tends to cause danger to human life, Health or safety
then 6 Months imprisonment or Rupees 1000 Fine or Both.)
- If the person against whom the order is made denies the existence of any Public
right in respect of the way, river or channel, the Magistrate shall Inquire and in
such Inquiry: -
A. Finds any reliable evidence, he shall stay the proceedings until the matter of
existence of such right is decided by a competent court.
B. Finds that there is no such evidence, he shall proceed as per section 138 (section
137).
- If the person against whom an order under section 133 is make appears and show
cause against the order, the Magistrate shall take evidence as in summons
case(section 138)
- If the Magistrate is satisfied that the order is reasonable and proper, he shall make
the order absolute. If he is not satisfied, no further proceedings shall be taken
in that case ( Section 138)
- The magistrate may direct a local investigation to be made by such person as it
thinks fit or summon and examine an expert, for the purpose of inquiry under
Section 137 or 138 (Section 139).
- When the magistrate directs a local investigation under section 139, he may furnish
the person with written instructions for his guidance and declare by whom the
expenses of the local investigation shall be paid. Likewise, when the magistrate
summons an expert, he may direct, by whom the costs shall be paid. (Section
140).
- When an order has been made absolute, the magistrate shall give a notice to the
person and shall require him to perform the Act. In case of disobedience, he
will be liable to the penalty prescribed under section 188 of Ipc(Section 141)
- If such Act is not performed within time fixed, the magistrate may cause it to be
performed and may recover the costs by sale of any building, goods or other
property and no suit shall lie in respect of anything done in good faith under
section 141.
- The magistrate may issue an Injunction if he considers that immediate measures
should be taken to prevent imminent danger or injury of a serious kind (Section
142).
- The magistrate may order any person not to repeat or continue a public nuisance
as defined in the Indian Penal code or any special or local Law.
II. How to deal with Urgent cases of nuisance: -
- Section 144 deals with the cases of public nuisance urgent in character.
- Whenever it appears to the Magistrate (the power is conferred on District
Magistrate, Sub-Divisional Magistrate or any executive Magistrate specially
empowered by the state government), that immediate prevention of a public
nuisance or a speedy remedy of an apprehended danger is desirable.
- He may issue written order under this section.
- The order can be made only under 3 circumstances specified in the section, namely,
to prevent: -
a. Obstruction, annoyance or injury to any person lawfully employed or
b. Danger to human Life, health or safety, or
c. Disturbance of the public tranquillity, or a riot or an affray.
- It requires the completion of formalities in terms of inquiry before passing orders.
- Orders made under section 144 are temporary in duration as they can remain in
force only for a period of 2 months.
- Exception would be that the state government can enhance the duration of order
made under Section 144 to a maximum of period of 6 months from the date on
which the order made by the magistrate would have expired.
- Magistrate or the state government may rescind or alter the order either suo-motu
or on the application of the person aggrieved.
Case study: - In Free Legal Aid cell vs Government of NCT of Delhi AIR 2001 – The
Delhi High court directed that all District Magistrates should be empowered to
issue prohibitory orders under section 144 of Crpc to limit the hours for the use
of loud speakers.
13) What is Coastal Regulation Zone?
- The legal regime of coastal management in India came into force for the first time
in the year 1991 on 19th February.
- The central government issued the coastal Regulation Zone (CRZ) notification by
virtue of its power under Environment Protection Act, to take all such
measures that are necessary and expedient for the purpose of protecting and
improving the quality of the environment.
- It declared limits and prohibitions through notification.
- The central government has declared the coastal stretches of seas, bays, estuaries,
creeks, rivers and backwaters which are influenced by tidal action upto 500
meters in the Landward side from the High Tide line(HTL) and the Land between
the Low tide Line (LTL) as Coastal Regulations Zone.
- It also classified the zones into 4 categories for the purpose of regulation.
CRZ-I:-
- The areas of Ecologically sensitive features maintain the integrity of the
coast.
- It contains regions with corals and coral reefs and associated
biodiversity, sand dunes.
- It also includes national parks, marine parks, sanctuaries, Reserve forests,
wildlife Habitats and other protected areas, biosphere reserves, salt
marshes, horse shoe, crabs’ habitats, nesting grounds of turtles.
- The area between Low Tide Level and High Tide level is included in CRZ-
1.
- Exceptions can be Projects of Atomic Energy, pipelines, installation of
weather radar, which are permissible under CRZ-1.
CRZ-II:-
- Developed areas close to the shoreline belong to CRZ-2.
- Developed area is defined as an area within the existing municipal limits
or in other legally designated urban areas substantially build up and
provided with drainage, approach roads, and other facilities such as water
supply and sewerage.
- Buildings shall be permitted only on the Landward side of the existing
road, or on the Landward side of existing Authorised structures.
- Permission shall be subject to existing Local town and country Planning
Regulations.
CRZ-III:-
Areas relatively undisturbed and not belonging to either CRZ-I or II,
coastal Zone in the rural areas ( Developed and Undeveloped ) and also
areas within Municipal limits or in other Legally designated urban areas
which are not substantially build up do come in this category.
CRZ-IV:-
- It extends to the water areas from the Low tide Level to 12 Nautical
miles on the seaward side.
- It also includes the water area of the tidal influenced water body from the mouth of
the water body at the sea upto the influence of tide which is measured as five
parts per thousand during the driest season of the year.
- There shall be no restriction on the Traditional fishing and allied activities
undertaken by local communities.
- Pollution from oil and gas exploration and drilling, mining, Boat house and shipping
shall be regulated.
II. The following Activities are prohibited within the Coastal Regulation Zone: -
- Setting up of new industries and expansion of existing industries except those

industries, which are directly related to the water front or directly needing
foreshore facilities.
-Manufacture or Handling or Storage or disposal of hazardous substances.

However, facilities for storage of the petroleum products like crude oil, LPG,
most spirit, kerosene, aviation fuel, High speed diesel, Lubricating Oil,
Compressed natural gas, furnace oil , may be permitted within the said zone
except CRZ-I and subject to the implementation of safety regulations issued by
the Oil Safety Directorate in the Government of India.
- Setting up and expansion of fish processing units including ware Housing
excluding Hatchery and natural fish drying in permitted areas.
- Setting up and expansion of units/mechanism for disposal of waste and
effluents, except facilities required for discharging treated effluents into water
course with approval under the Water ( Prevention and control of pollution )
Act, 1974.
- Discharge of untreated waste and effluents from industries, cities or towns
and other human settlements.
- Offshore exploration activities, beyond 10 kilometres from the nearest
habituated village boundary and ecologically sensitive areas such as
mangroves, corals, marine parks, and other breeding grounds of fish and other
Marine Life.
- Dumping of city or town waste for the purpose of Land filling.
- Dumping of Ash or any wastes from thermal power stations.
- Land reclamation, bunding or disturbing the natural course of sea water
except those required for construction of port, Harbours, jetties, bridges.
- Mining of sand, rocks and other substrata materials except those rare minerals
not available outside the Coastal regulation zone (CRZ) areas.
- Harvesting or drawl of ground water and construction of mechanism therefore
within 200 meters of High tide Level i.e in between 200 m to 500 m Zone, it shall
be permitted only when done manually through ordinary wells for drinking,
horticulture, agriculture and fisheries.
- Construction Activities in Ecologically sensitive areas.
- Dressing or Altering of sand dunes, hills, natural features including landscape
changes for beautification, recreational and other such purposes.
Coastal Regulation Zone, 2011

The CRZ notification was announced with following objectives: -
-To Ensure Livelihood security to the Fisher Communities and other Local
Communities Living in the Coastal areas.
-To conserve and protect Coastal stretches, its unique Environment and its
marine Area.
-To promote development through Sustainable manner based on scientific
principles taking into account the dangers of the Natural hazards in the coastal
areas sea level rise due to global warming.
-To restrict the setting up and expansion of any industry operations or
processes and manufacturer or Handling or storage or Disposal of Hazardous
substances.
The following are proposed Changes to CRZ’s: -

CRZ 1:-
- Exceptions On New constructions.
- Construction of Roads and Trans harbour sea Links that affect the Tidal
Flow are between HTL and LTL.
- Project related to Department of Atomic Energy.
- Other permitted Granted for Activities between HTL and LTL are: -
 Natural Gas exploration and exploitation
 Salt manufacturing
 Desalination Plants
 Storage facilities for (Non- Hazardous Cargo) within notified Posts.
CRZ-II:-
- Permissions for Building Construction on the Landward part of the Hazardous Line.
- Other permissions Granted For Activities between HTL and LTL are: -
- Desalination Plans etc.
- Some Construction is permitted by Only those guidelines as specified by
Notification.
CRZ –III:- Exceptions on New constructions

- Construction of Roads and Trans harbor sea Links that affect the Tidal
Flow are between HTL and LTL.
- Project related to Department of Atomic Energy, petroleum products, salt
Manufacturer and other Public facility projects.
- Construction of Houses for Local Communities In some areas.
CRZ-IV :-
- There is no restriction on the Traditional Fishing undertaken by the Local
communities.
- No untreated sewage or solid waste shall be let off or dumped in these
areas.
Note:-
a. In June2014, The Ministry of Environment, Forests and climate change
constituted a committee under the chairmanship of Dr. Shailesh nayak to
examine the Various issues and concerns of coastal states /UTs and other
stakeholders for recommending appropriate changes in the CRZ Notification,
2011.
b. The Shailesh Nayak Committee held wide-ranging consultations with the
state government and other stake holders and submitted its recommendations
in 2015.
c. In Dec 2018 the Union cabinet accorded approval to that draft notification.
The Ministry of Environment and forests then Notified new CRZ norms in
January,2019.
1.Goa Foundation V/s Diksha Holdings (p) ltd, (2001)
The court held that Hotel and such other constructions can be done in CRZ III
as per Notifications of 1991 and with Approval of central government.
2.Consumer and civic Action Group V/s Union of India AIR 2002
The petitioner objected to the construction of High rise building and road near
sea side. i.e. within 500 M of HTL covered by CRZ II area. The High Court got the
matter examined by 2 Expert bodies/ committees and concluded that since the
construction was beyond the HTL, therefore, not hit by CRZ Notification.
3.S. Jaganath V/s Union of India (1997)

- It is a Landmark Judgement in the field of Coastal Zone Management (Popularly
Known as Chillka Lake case or Aquaculture Case).
- It brings into light the fact of the non-implementation of the Coastal
Regulation Zone Notification.
- Though the Notification was enacted in 1991, but it was never brought
into force.
- Therefore, the petitioner filed this writ for stoppage of Intensive and
semi-Intensive type of Prawn Farming in the ecologically fragile coastal
areas and for prohibiting the use of wastelands and wetlands for prawn
Farming.
The court declared that no shrimp culture industry or shrimp farm can be set up in
coastal Regulations Zones. Such farm in existence must be demolished and
reduced.
4.Goa Foundation V/s Konkan Railway Corporation (1994)
- The Central Government decided to lay a broad Gauge between Bombay to
Mangalore via Goa.
- The Goa foundation Alleged that such Activities would adversely affect
the fragile Ecology of the coastal Area.
- Court declared that the CRZ notification of 1991 prescribes that there
would be restrictions on the setting up and expansion of Industrial
operation or processes in the said areas.
- But Land reclamation, bunding and laying down railway line could not
be considered as Industry ( Crz Notifications didn’t apply in the case )
Judgement: - Courts didn’t attend to interfere in a policy decision of the government
in which heavy Investments are already made. Court observed that it is
necessary to adjust the interests of the people as well as necessity to maintain
the environment of the area.
5.Indian Council for Enviro-Legal Action V/s Union of India and others (1996)
Brief Facts:- The petitioner is a registered voluntary Organisation. It has been
working for the protection of environment in india. It submitted writ petition
under Art.32 of the constitution of India In 1994. The Contention of the
Petitioner was that the central government issued main notification with the
aim and objective to protect Coastal Ecosystem.
The petitioner pointed out that in Dahanu, a village in Maharashtra situated on
the coast, the state government allowed so many industrial units to be
operating in that village. Ballon manufacturing units, buffing, chromium Plating
Units, Chemicals units etc are operating in that village. There has been
Continuous Infringement of the main notification as Governments Eased
provisions via its 1994 Notifications and hence Petition.
Judgement:-
- Supreme court directed that the Infringement of the Main Notification of
1991 and that of Amended Notification of 1994 shall be finalized by the
High court only.
- All the coastal state Administrations are directed to prepare Management
plans, and implement them successfully.
- Hence the Supreme Court ordered the central government to set up the
State Coastal Management Authorities in each state having coastal zone
and also a National Coastal Management Authority to ensure effective
implementation of the Notifications 1991 and 1994.
- The states which have not filed the management plans with the central
Government are directed to file them on or before 30th june,1996.
6. Dr,Ajay singh Rawat vs Union Of India and others (1995)
Brief Facts: - The petitioner was a member of Social Action Group called”
Nainital Bachao Samithi”. He pointed out that Vehicular Traffic, Irregular
constructions, Encroachment, Noise Pollution, Vanishing Greenery resulting in
Landslides, Hacking of Oak Trees, Forest fires, quarrying are causes of
environment Degradation. Apart from it Human wastages and Excretions,
animal Dung, throwing of Plastic Bags have added further to the Woes. The
supreme Court appointed a commissioner to verify the contents of the Petition.
The Commissioner submitted his report which supported Averments of the
petitioner.
Judgement: - The Supreme Court gave the judgement in support of the
petitioners and directed the centre and state as Follows: -
- Sewage water has to prevented at any cost from entering Lake.
- The Horse stands shall be shifted somewhere far distance from the Lake.
- Multi-layered group housing and commercial complexes have to be banned in
the Town area of Nainital.
- The offenders of Illegal felling of trees shall be prosecuted.
- Vehicular Traffic has to be reduced.
- For the purpose of Improving City Lakes, a monitoring committee to be
appointed.
14) Explain the salient features of the environment protection act,

1986.
- The Government of India enacted the Environment Protection Act of 1986
under Article 253(to give effect to international treaty) of the Constitution.
- Passed in March 1986, it came into force on 19 November 1986.
- It has 26 sections and 4 chapters.
- The Act is an “umbrella” legislation designed to provide a framework for
central government coordination of the activities of various central and state
authorities established under previous laws, such as the Water Act and the
Air Act.
- The Central Government in exercise of the powers conferred by section 6
and 25 of the Act made the Environment Protection Rules in the year 1986.
The environment protection rules have 14 Rules and 7 schedules.
Object of the Act: - This act was enacted with the object of providing for the
protection and improvement of environment and for matters connected therewith.
Preamble of the Act: - Environment protection Act was made: -
 To implement decisions taken at the United Nations conference on the
Human Environment held at stockholm in june 1972.
 To take appropriate steps for the protection and improvement of human
environment, and
 To prevent Hazards to human Beings, other Living creatures, Plants and
property.
Definitions: -
 Section 2(a) defines “Environment “as that which “includes water, air and
Land and the interrelationship which exists among and between water,
air and Land and Human beings, other Living creatures, plants and
property.
 Section 2(b) defines “Environmental pollutant” as “any solid, Liquid or
gaseous substance present in such concentration as may be, or tend to
be, injurious to environment”.
 Section 2(c) defines “Environmental Pollution” as the “Presence in the
environment of any environmental pollutant”.
 Section 2(e) defines “Hazardous Substance” means any substance or
preparation which, by reason of its chemical or physio-chemical
properties or handling, is liable to cause harm to Human beings, other
Living creatures, plants, Micro-organisms, and property.
The EPA empowers the Centre to “take all such measures as it deems
necessary” in the domain of environmental protection.
 Under the law, it can coordinate and execute nationwide programmes

and plans to further environmental protection.
 It can mandate environmental quality standards, particularly those
concerning the emission or discharge of environmental pollutants.
 This law can impose restrictions on the location of industries.
 The law gives the government the power of entry for examination,
testing of equipment and other purposes and power to analyse the
sample of air, water, soil or any other substance from any place.
 The EPA explicitly bars the discharge of environmental pollutants in
excess of prescribed regulatory standards.
 There is also in place a specific provision for handling hazardous
substances, which is prohibited unless in compliance with regulatory
requirements.
 The Act empowers any person, apart from authorised government

officers, to file a complaint in a court regarding any contravention of
the provisions of the Act.
15) What are the Powers and functions of the centre and state
pollution control boards?
The Pollution Control Boards are statutory bodies constituted with an

objective to protect and promote the atmosphere and to control pollution.
The Central Pollution Control Board- a statutory organisation, was

constituted in September, 1974 under the Water (Prevention and Control of
Pollution) Act, 1974 to deal with the rise in pollution. Further, CPCB was
entrusted with the powers and functions under the Air (Prevention and
Control of Pollution) Act, 1981.
Principal functions of the CPCB:
(i) to promote cleanliness of streams and wells in different areas of the

States by prevention, control and abatement of water pollution, and
(ii) to improve the quality of air and to prevent, control or abate air pollution
in the country.
Other Functions of the Central Board
- Advise the Central Government on any matter concerning prevention

and control of water and air pollution and improvement of the quality of
air.
- Plan and cause to be executed a nation-wide programme for the
prevention, control or abatement of water and air pollution.
- Provide technical assistance and guidance to the State Boards, carry out
and sponsor investigation and research relating to problems of water and
air pollution, and for their prevention, control or abatement.
- Prepare manuals, codes and guidelines relating to treatment and
disposal of sewage and trade effluents as well as for stack gas cleaning
devices, stacks and ducts.
- Lay down or modify (in consultation of the State Governments), the

standards for streams or wells and lay down standards for the quality of
air.
The State Pollution Control Boards- The State Governments also have their
Pollution Control Boards for example, UPPCB (Uttar Pradesh Pollution
Control Board), DPCC (Delhi Pollution Control Board), HPCB (Haryana State
Pollution Control Board), RPCB (Rajasthan Pollution Control Board), etc.
Functions of State Boards
- To advise the State Government on matter relating to pollution and on

‘siting’ of industries;
- To plan programmes for pollution control;
- To collect and disseminate information;
- To carry out inspection of polluting industries and areas;
- To lay down effluent and emission standards; and
- To issue consent to industries and other activities for compliance of
prescribed emission and effluent standards.
- Planning a comprehensive programme for prevention, control and
abatement of pollution of streams and wells.
- Advising the State Government regarding water pollution control or
location of industries.
- Conducting and encouraging investigations and research relating to
different aspects of water pollution.
- To collaborate with the Central Board for training personnel for handling
water pollution programmes and organising related mass education
programmes.
- Inspecting trade effluents and waste water treatment plants.
- Prescribing effluent standards for the sewage and trade effluents.
- Evolving economical and reliable methods of disposal, treatment and
reuse of waste water (in agriculture).
- Laying down the standards of treatment of sewage and trade effluents to
be discharged into any stream.
- Making, varying or revoking any order for preservation or control of dis-

charge of waste into streams and wells or construction of systems for
disposal of effluents.
- Establishing or recognising laboratories for analysis of samples.
- Performing such functions as may be entrusted by Central Board or State
governments.
16) Explain the concept of right to wholesome environment under

Article 21, under the DPSPs and Fundamental Duties of the Indian
Constitution.
Article 21- Fundamental Right
- Securing and improving the Environment is a Constitutional Mandate.

- It is a commitment for a Country having thoughts of welfare state.
- The person will only remain healthy if he is living in the healthy environment and
his surroundings are clean.
- Life in Article 21 does not merely means “Animal Existence” but living with “Human
Dignity”.
- In Francis Coralie v/ s Union territory of Delhi. It was held that “Right to life
includes right to live with Human dignity which Further incorporates basic
necessities like adequate nutrition, clothing and shelter and facilities for
reading, writing, and expressing oneself, freely moving and mixing with fellow
Human beings.
- Now Article 21 includes right to food, water, shelter, Clean and wholesome
Environment, Medical care etc.
- So Article 21 is like a mini constitution and it was mentioned in case of Unni Krishnan
vs state of A.P – “Article 21 is heart of Fundamental rights”.
- Environment and Life:-
a. Environment and life are inter-related and the existence of life on earth depends
on the Harmonious relationship between Ecosystem and Environment.
b. Every Individual from the moment of his birth, acquires certain rights. One such
Right is Right to live in a clean Environment.
c. It is to be seen that at the beginning of the Constitution no specific provision

relating to environment was there.
d. However as Reiterated under Stockholm Conference” Man has fundamental right
to freedom, Equality in an Environment of Quality that permits a Life of dignity
and well-being and he bears a solemn responsibility to protect and improve the
Environment for present and future generations”.
e. Art 47 puts a duty on state to raise the standard of Living and to improve Public
Health , standard of Living which depends upon quality of Environment.
f. Inspired by the Stockholm Convention and recommendation of Swaran Singh

committee for the creation of a separate chapter on Fundamental duties in the
Indian constitution which included Art 48-A and Art 51 A(g) via 42nd Amendment.
g. Art 48A puts a duty on state to protect and improve the Environment and further
to safeguard the forest and wildlife.
h. To enable this duty under 7th schedule List III concurrent List Item No. 17A Forest
Item 17B Protection of Wild Animals and Birds has been inserted in constitution
i. In Sher singh v/s state of H.P- the NGT held that state is under constitutional
obligation to protect and improve environment.
j. In M.C Mehta v/s Union of India ,2002 the court held that Article 39(e), 47 and 48A
collectively cast a duty on state to secure public health and environment
protection.
k. Article 51A(g) which casts a duty on citizens to protect environment. In

Sachidananda Pandey v/s state of west Bengal and others 1987, whenever a
problem of ecology is brought before the court, Article 48A and Article 51A (g)
has to be considered. It was emphasised by the Supreme court that duties under
Article 51A(g), even though being a directive principle, shall not be ignored by
the court.
Case Laws: -
1.Rural Litigation and entitlement Kendra and others v/s state of UP 1985
a. It is also called Dehradun Quarries Case.
b. Brief Facts:-
 Representatives wrote to supreme court invoking Article 32 about alleged
illegal limestone mining in Mussorie-Dehradun Region.
 Court Treated it as Public Interest Litigation
 Committee appointed for full inspection of limestone mine.
c. Judgement:- The Supreme court of India held that the contamination brought
about by the quarries unfavourably influences the well-being and safety of
Individuals and subsequently Only those querries whose adverse effects are
less were to be allowed. Rest court closed all querries.
2. Subhash Kumar v/s state of Bihar AIR 1991 AiR 420,
a. Brief Facts:- The company in Jamshedpur carries on mining. Suit filed stating slurry
(thick liquid consists of water mixed with animal waste) that gets settled in the
Land affecting fertility of Land, polluting drinking water, thereby risking health
of people living in surrounding area.
Judgement:-Right to life includes the right to enjoy unpolluted air and water. If
anything endangers or impairs the quality of life in derogation of Laws, a citizen
has right to take recourse under Article 32 of the Indian constitution. It also
upheld that right to get pollution free water and air is a key right under Article
21. Right to contamination free environment was consolidated under the head
of right to life and all the courts in the Indian domain had to undoubtedly follow
the same and those persons should take initiative who are genuinely interested
in the protection of society.
3. Virender Gaur v/s state of Haryana Appeal (civil) - There has been a great
discussion about the environment within its ambit of “Hygienic Atmosphere
and ecological balance.”
Judgement:- Article 21 Protects the right to life as a fundamental right enjoyment
of life and its attainment including their right to life with Human dignity
encompasses within its ambit , the protection and preservation of the
Environment , Ecological Balance which is free from pollution of air and water,
sanitation without which life cannot be enjoyed . Therefore, a Hygienic
environment is an Integral part of the right to Healthy Life and it would be
Impossible to live with Human Dignity without a Humane and Healthy
environment.
Other cases:-
1. Vellore Citizen Welfare Forum vs Union of India ( Leather industry Pollution Case)
Air 1996
Brief Facts:- Despite notices served to 584 tanneries only 33 complied with
installing Effluent treatment plants ( ETP’s ) It affected 13 villages and out of
467 wells 350 wells became unfit for human consumption. So M.C. Mehta
learned counsel for petitioner brought forward miserable conditions of the
people along with evidence before supreme court.
Judgement:- The supreme court directed central govt to constitute an Authority
headed by Retired judge of a High court. They should follow Precautionary
principle and polluter pays principle. Polluting industries are liable to pay
compensation to affected Individuals as well as to make good the ecological
balance.
2. L.K. Koolwai vs state of Rajasthan and others Air 1988 Raj.2( Jaipur municipality
case )
Brief Facts:-L.K Koolwal, a citizen of Jaipur filed a writ petition against the Jaipur
Municipality for not up-keeping the city clean. The Rajasthan High court treated
the writ petition as a public Interest litigation . The High court appointed the
commissioner, who gave his report on insanitation in many parts of the
Municipal Council and stating that the city was filled with filth, rubbish, night
soil, odour and many other noxious matter.
Judgement:- The jaipur Bench of the Rajasthan High court gave a Judgement in
Favour of the petitioner, and issued directions to the state and Jaipur Municipal
Authorities to remove with filth, rubbish, night soil, odour and many other
noxious matter.
3. Tehri Bandh Virodhi Sangarsh Samiti and others vs State of U.P and others 1990
Brief Facts: - The State Government of U.P and Union of India had established the
Tehri Hydro Development Corporation with the aim to construct “Tehri Dam”
Project.
 As a part of the larger plan to tap the waters of the upper Ganga basin, a
giant clay core,rock filled dam was proposed to be constructed at the
confluence of the Bhagirathi and Bilangana, close to the Garhwali town of
Tehri.
 A group of environmentalists opposed it and formed Tehri Bandh Virodhi

Sangarsh Samiti.They filed writ petition invoking Article 32 before the
supreme court
The main contention of petitioners was:-
a. Safety aspect was not taken into consideration
b. If dam is allowed to be constructed, it would pose a threat to life,ecology and
environment as it’s a earthquake prone area.
c. On the other hand, respondents opposed the petition and in their defence
submitted several expert opinions.
Judgement: - The supreme court dismissed the petition and allowed the
respondents to proceed with the construction of the Dam, and gave
importance to principle of sustainable development.
17) Explain in the context of ‘Right to Development’, the restrictions

placed upon freedom of trade.
- Article 19(1)(g) gives freedom to all the citizens of India to practice any profession,
or to carry on any occupation, trade or business.
- However Fundamental Rights are not fully exempted from the restrictions.
- It is restricted in Article 19(6). It shall affect the operation of any existing Law in so
long as it imposes or prevent the state from making any law imposing, in the
interests of the general public reasonable restrictions on the exercise of right
conferred and in particular nothing in the said sub-clause shall affect the
operation of any existing Law in so far as it relates to or prevent state from
making any law relating to :-
(i) Professional or technical qualifications necessary for practicing any profession or
carrying on any occupation, trade or business.
Eg;- The field of Advocacy., Every person cannot practice the profession of advocacy.
There are certain restrictions and qualifications which should be followed in this
regard. These Qualifications and conditions are framed from time to time by
the parliament and Bar council of India.
(ii) The carrying on by the state, or by a corporation owned or controlled by the state,
of any trade, business, Industry or service whether to the exclusion, complete
or partial of citizens or otherwise.
- Licensing system is a restriction on the right to carry on trade or business or
profession or occupation.
- Establishment of factories serve social purpose as they are to provide consumer
goods at cheaper prices, provides employment opportunity.
- Article 19 is not an absolute freedom. If there are no restrictions, under the pretext
of this right, the industrialists exploit the human and natural resources and
also cause Environmental pollution. In order for a person to establish factory
he should get permissions/licenses from following authority,
 He should fulfill conditions imposed under environmental laws, labour
Laws etc. He should get permission from,
 1. Gram panchayat
 2. Municipal corporation
 3. Industrial Department
 4. Electricity Department
 5. Pollution control Board.
- The environmental laws do not prohibit or ban the industries and
factories. They only regulate and control them with the object of
prevention of Environmental pollution.
- Supreme Court many a times had invoked sustainable development
concept wherein at one end Environment should not be sacrificed at
the other end development should not stop.
- In Hathising Manufacturing Co. Vs Union of India (Manufacturing of
Dangerous Substance case) - The applicant company was manufacturing
dangerous substances without following the Legal obligations. The
government seized the manufacturing unit. The appellant challenged it
under Article 19(1) (g).
 Judgement:- The Supreme Court dismissed the case and held , the right
Guaranteed under Article 19(1) (g)is intended to ensure that citizens right
to business does not depend on grant by the state and that the state
cannot prevent a citizen from carrying on a business, except by a Law

imposing a reasonable restriction in the Interest of general public. Neither
can a citizen be compelled to do business nor he may be allowed to carry
on dangerous or immoral business and as such restrictions will be
imposed.
- In the following list of cases Supreme court has relocated Industries by

putting reasonable restrictions on them: -
1. Ganga Pollution Municipalities case
2. Calcutta tanneries Case
3. Taj trapezium Case
4. Leather Industry Pollutions case(vellore citizens forum)
Right to Development
For a person to live a dignified life, a clean environment is mandatory but since
India is a developing country and in order to compete with the world as a whole,
development of our country is really essential.
- Development is necessary to ensure fulfilment of all human rights and
fundamental freedom.
- Industry is important for the development of a counter and for meeting
the growing demands of the people.
- At the same time, it has negative impact on the environment as it
extracts materials from natural resources and injects both products and
pollution into human environment.
- Industries happen to be one of the main contributors for unhealthy
environment, thereby, reason for violation of Article 21 of the
constitution.
- If any activity is allowed to go ahead, there may be irreparable damage to the
environment and if it is stopped then there may be irreparable damage to
economic interest as Environment and Development are considered to be 2
sides of same coin.
- Right to development as we see it finds a mention under Article 19(1)(g) of the

Indian constitution. It is to be noted that environmental laws do not prohibit or
ban Industries and factories. They only control and regulate them with
objective of environmental protection.
- Sustainable Development- The world commission on Environment and
Development in its report popularly known as Brundtland Report defined
sustainable development.
- It means development that meets the need of the present without compromising
the ability of the future generations to meet their own needs.
- Some of the salient features of Sustainable development is taken from Brundtland
report which includes Inter generation equity, use and conservation of natural
resources, environment protection, the precautionary principle, polluter pays
principle, obligation to assist and co-operate, eradication of poverty and
financial assistance to the developing countries.
- Principle 4 of Rio Declaration which talks about sustainable development claims that
in order to achieve sustainable development, environment protection shall
constitute an integral part of the Development process.
Important cases:-
a. Rural litigation and entitlement Kendra vs state of U.P - Supreme court observed
“we are not oblivious of the Fact that natural resources have got to be tapped
for the purposes of social development but one cannot forget at the same time
that tapping of resources have to be done with requisite attention and care so
that ecology and environment may not be affected in any serious way.
b. In Indian council for Enviro- Legal Action v/s Union of India (Popularly known as
Costal zone protection case) the Supreme Court emphasized the importance of
the Doctrine of sustainable development as follows: - Both Development and
environment must go hand in hand, in other words, there should not be
development at the cost of environment and vice-versa., But there should be
development while taking due care and ensuring the protection of environment.
c. Goa Foundation vs Diksha Holdings Pvt Ltd. AIR 2001 - Supreme court has
observed that in matters relating to development activities and protection of
environment, the approach of the court should be to strike a balance between
the two.
d.Vellore Citizens welfare forum v/s Union of India, is the Leading case for the
principle of sustainable development, where the tanneries were asked to
establish waste treatment plants. And also to shift from urban area to rural
area.
Apart from above, the following are principles under sustainable development: -
Precautionary Principle: -
- Supreme Court in Vellore Citizens Welfare Forum v/s Union of India
supplied meaning to precautionary principle in context of Municipal Law.
According to which precautionary principle mean- Environmental
measures by the state Government and the statutory authorities to
anticipate, prevent and attack the causes of environmental degradation.
- The “onus of proof “is on the actor or the Developer/ industrialist to
show that his action is environmentally benign.
Polluter Pays Principle:-
- The polluter pays principle states that the undertakings have to pay financial costs
for preventing and remedying the damage caused to the environment by the
pollution.
- For the first time recognized in M.C Mehta v/s Union of India ,1986 also known as
Oleum Gas Leak case. In the above case Shriram Food and Fertilisers Industries
was held to be absolutely liable to compensate for the harm caused by the
company irrespective of reasonable care taken by them.
- It was further declared that larger the company causing damage, the Higher the
compensation they have to pay.
- Supreme Court in Vellore Citizens Welfare Forum v/s Union of India held that the
Polluter’s Obligation is to compensate the victims of pollution and also to
restore Environmental degradation. The restoring of environment as part of
Public Trust Doctrine:-
- It comes from the tradition of Roman empire.
- The public trust doctrine promotes the idea that natural resources like air, sea,
water cannot be rested in the hand of private ownership and that these
resources are held by the government or the regulatory authority as a trustee
for free and Unimpeded use of the general public.
M.c Mehta vs Kamal Nath (1997) 1 SCC 388

Brief Facts:- A news item appeared in Indian express stating that a private
company span Motels pvt ltd in which the family of respondents who was a
former minister of environment had link., had built a club at the banks of the
River Beas by encroaching land including substantial forest Land which was
later regularized and leased out to the company when Respondent was the
minister.
- The supreme court took notice of the news item because the facts
disclosed therein, if true, were to be a serious act of Environmental
degredation.
- Judgement: - The state is the trustee of all the natural resources, which
are by nature meant for public use and employment. These resources
which are meant for public use cannot be converted into private
partnership.
18) Explain the role of Indian Judiciary in the protection of environmental

jurisprudence, as part of Judicial activism.
- The Law enacted by the Parliament of England are known as Common Law which
had its applicability in all its colonies including India. Up until 19th century, the
courts in England were of 2 kinds: -
A. Courts of Chancery
B. Common law courts.
- The courts of chancery were famous as Courts of Equity.
- Equity may be defined as a portion of the Natural Justice which although of a nature
Suitable for Judicial Enforcement was, for Historical reasons not enforced by
common law courts, an omission which was supplied by the courts of chancery.
- As there was inflexible procedures, inadequacies of Remedies and absence of
relief in Common Law Courts, Courts of chancery through skilfulness,
intelligence and ability to interpret Laws functioned to enforce new rules , new
remedies and new procedures.
- One should remember that courts of Equity did not oppose Common Law rather it
supplemented it. Few of the famous rules it propounded included: -
a. Equity Follows the Law
b. He, who seeks Equity, must do Equity.

c. Equity will not suffer a wrong to be without a remedy.
- As far as India is concerned right from the time of Beginning of English Judicial
system in India, Britishers adopted common Law principles and Equity principles.
- Basically it is the duty of the parliament to Legislate necessary rules, Acts,
notifications but when the Law is unclear, it comes forward in filling the gap
by Laying appropriate guidelines and instructions helpful to central and state
governments.
- Example Supreme court by invoking Article 141 of the constitution gave guidelines
on 13th August 1997 to check sexual Harassment in public and private sectors
as the Law was not clear before class action litigation. It is a glaring example
of Judicial activism in India.
- The Judiciary in India played a very proactive and efficient role in interpreting the
provisions of the constitution and there by extending it to environment Law. Eg:-
Article 21 basically talks about Right to life but supreme court made it very
exhaustive and today seen from Environment perspective it includes Right to
fresh Air, water and environment.
- The framers of the constitutions at the time of its incorporation included several
provisions which included Safety, Health, sanitation etc of the people which
the Supreme Court interpreted it according to the present conditions.
- The Apex court of our country through its Intellectual, Zealous, Eminent and skilful
judges have been giving timely decisions so that the aggrieved persons with
respect to environmental issues are relieved from such grievances.
- It is the basic principle of Law that only aggrieved person should approach a court
of Law having locus standi. But Supreme court changed this position and now
even other persons, associations, Societies, NGO’s etc may also apply to
Supreme Court under Article 32 and the High court under Article 226 and treat
them as writ petitions.
- The Supreme Court in order to give a boost pertaining to the rights of the general
public at large relating to Environment even considered Newspaper cuttings,
Ordinary Inland Letters, post cards, even grievance written on white papers as
writ petition under public Interest Litigation before several cases.
- The supreme court has been instrumental as part of its Judicial Activism
in evolving principles pertaining to Environment which includes Principle
of Absolute Liability wherein it imposes perfect Liability on
owner/occupier.
- It also evolved the concept of Polluter pays principle in Several Environment cases
which makes an offender to pay compensation along with damages to the
aggrieved persons.
- The Supreme Court has evolved new principles i.e. “preventive rules “to be adopted
and followed by the Industrialists to check the Environmental pollution.
- Thus whenever there is an ambiguity with respect to any statute by the
Legislatures and when the administrators neglect on their duties, then comes
the role of supreme court in interpreting various provisions of the constitution
with the sole objective of the welfare of the people thus promoting “Judicial
Activism”.
19) What is meant by Transnational Pollution?

- Transnational pollution is a “pollution whose physical origin is situated wholly or
in part within the area under jurisdiction of one [state] and which has adverse
effects, other than effects of a global nature, in the area under jurisdiction of
another state”.
- It can be caused by catastrophic events such as the Chernobyl nuclear explosion, by
the creeping of industrial discharge that eventually has a measurable impact
on adjacent countries and also include acid rain, global warming.
- It is an International problem that demands and deserves the attention of
International Legal Mechanisms such as treaties, agreements, Arbitration and
International Management and governance.
- The challenge in creating and enforcing a transnational pollution control regime lies
in Harmonizing International and Domestic Law.
- Trail smelter case (U.S vs Canada 3RIAA 1911 (1938)) is a leading case on
Transnational pollution which established the polluter pays principle at the
International level.
Brief Facts:-The Trail Smelter dispute was a trans-boundary pollution case
involving the federal governments of both Canada and the United States, which
eventually contributed to establishing the harm principle in the environmental
law of transboundary pollution and established the state liability of Canadian
Federal government who was asked by Internal Joint commission to pay
350,000 US Dollars in compensation to the local farmers for all damages before
January 1, 1932 and later on when it was found insufficient an additional amount
of $78,000 to the farmers of USA border areas.
- Transnational pollution problem can often be addressed more effectively and
efficiently through the Domestic Legal system.
- It helps to achieve Environmental protection, cost internalisation, fairness and
Equity apart from respecting state sovereignty and preserving relations between
countries.
- Principles of International Law imposing liability on states for their illegal acts or for
the adverse consequences of their Lawful activities are relatively well developed
at a General Level.
- International Treaties include 4 possible elements:-
a. Flora, Fauna, Soil, water and climatic Factors.
b. Material Assets
c. The Landscape and Environmental amenity.
d. Interrelationship of above factors.
- State Liability refers here to the liability of International persons under the
operation of rules of International Law of state responsibility.
- Principle 22 of Stockholm declaration recognized gaps and called on states to
cooperate to develop further the international law regarding liability and
compensation for victims of pollution and other environmental damage caused
by activities within Jurisdiction or control of such states to areas beyond their
jurisdiction.
- The 1982 world charter for nature did not directly address liability, although it called
for degraded areas to be rehabilitated and for individuals to have access to
means of redress when their environment has suffered damage or
degradation.
- Subsidiary rules which is a collection of customary norms related to state
responsibility sets out the consequences of unlawful action, including situations
in which state may invade a breach of International Law pursue a remedy.
- Principle of state Responsibility: -
a. Article 1 of the International Law Commission speaks on responsibility of states
for internationally wrongful acts expresses the basic principles that an
internationally wrongful act by a state entails the international responsibility of
the state, but first, one needs to identify the relevant international obligation
that has been breached.
Eg:- Trail smelter case ( U.S vs Canada 3RIAA 1911 (1938) )
Customary International Law
- Customary law are a set of practices and beliefs that are accepted as obligatory
rules of conduct by indigenous people and local communities.
- Customary International Law are norms arising out of general practices based on
Humanitarian principles which helps in strengthening the Inter-State
Diplomatic relationships and it ensures well-being.
- Sources of Customary International Law :-
a. Mainly there are 2 sources:-
1. Widespread repetition by states of similar International acts overtime
(state practice)
2. Acts are to be carried out as a part of Legal obligation ( Opinio Juris ).
b. The statute of the International Court of justice acknowledges the existence of
customary international law in Article 38(1)(b), incorporated into the UN Charter
by Article 92
- It can range from single Bilateral recognition of customary Laws to worldwide
multilateral recognition.
- Examples of Customary International Law:-
 Granting diplomatic immunities to representatives of others states.
 Granting Political Asylum and Refuge to those who cannot live in their own
state.
 Granting right to way to ships travelling via trade routes within one’s state
territories.
Scope :-
a. Its applicable to every nation state even without ratification.
b. Some Norms are recognized and codified by way of conventions such as
Vienna Convention, Geneva Convention, Hague convention etc.(1899 and 1907).
c. International court of justice is the judicial body that resolves disputes.
d. It is usually followed by every state to establish good Diplomatic and
commercial relationships.
20) What are the important features of the Stockholm Declaration

and UNEP? OR Explain in detail the Stockholm Conference, 1972.
- The United Nations Conference on the Human Environment was held
in Stockholm, Sweden from June 5–16 in 1972.
- When the United Nations General Assembly decided to convene the 1972
Stockholm Conference, taking up the offer of the Government of Sweden to
host it, UN Secretary-General U Thant invited Maurice Strong to lead it as
Secretary-General of the Conference, as the Canadian diplomat (under Pierre
Trudeau) had initiated and already worked for over two years on the project.
- The United Nations Environment Programme, or UNEP, was created as a result of
this conference.
- It was the first declaration of the International protection of Environment which
included representations from 114 governments.
- The soviet Russia and other communist states did not participate in it as German
democratic republic was not invited.
- The Stockholm Declaration contains 26 principles that provide the base of an
International policy for the protection and improvement of the Environment.
- At the conference itself, divisions between developed and developing countries
began to emerge.
- The object of the Stockholm Declaration was to pass our Mother Earth to the
coming generations in clean and healthy conditions.
- One of the seminal issues that emerged from the conference is the recognition for
poverty alleviation for protecting the environment.
- The principle of Sustainable development, a balancing concept between ecology
and development has been accepted as a part of the customary International
Law at this Declaration.
- Principle 1 of Stockholm declaration recognizes that every Human being has
fundamental right of freedom, equality and adequate conditions in life.
- Principle 2 declares that natural resources of the Earth including air, water, Land,
Flora and Fauna must be safeguarded for present and future generations
through careful planning and future Management.
- Principle 7 states that the state shall take all precautionary steps to prevent
pollution of seas by substances which are Hazardous to human Health and
Marine Life.
- Principle 8 states Economic and social Development is necessary for ensuring a
Healthy Environment for Man.
- Principle 21 casts a responsibility on the states to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other states
or area beyond the limits of National Jurisdiction.
- Principle 22 states that all states shall cooperate further to develop the
International law regarding the Liability and compensation for the victims of
pollution and other environmental damage caused by the activities within the
Jurisdiction and control of such states to the areas beyond their Jurisdiction.
- In order to have frequent Global Environment Assessment, earth watch is created
to evaluate, review, research, monitor and gather data on specific environment
variables.
- There shall be a Governing council constituted by 58 members whose role is to
prepare a report every year on the state of the Global environment.
- Members states contribute towards an Environment Fund wherein it is utilized for
carrying programmes for preventing and eradicating environmental
Programmes.
- Apart from above June 5 every year is been celebrated as World Environment Day
to create the awareness on environment.
- Despite these institutional accomplishments, including the establishment of UNEP,
the failure to implement most of its action programme has prompted the UN to
have follow-up conferences.
UNEP- it stands for United Nations Environment Programme. Its headquarters are
located in Nairobi, Kenya. It was founded by Maurice strong. It was formed on
5th Of June 1972.
- The United Nations Environment Programme (UNEP) is responsible for
coordinating responses to environmental issues within the United Nations
system.
- The United Nations Environment Assembly is UNEP's governing body. Created in

2012 to replace the Governing Council, it currently has 193 members and meets
every two years.
Structure:-UNEP's structure includes eight divisions:
A. Science Division:
B. Policy and Programme Division:
C. Ecosystems Division:
D. Economy Division:
E. Governance Affairs Office.
F. Law Division
G. Communication Division
H. Corporate Services Division:
- UNEP seeks to catalyse and promote international cooperation within the UN
system, and has a history of working with key partners including FAO, UNESCO,
IOC, UNDP and the World Bank.
- It also works on climate change including the Territorial Approach to Climate
Change (TACC)
- Building on the Regional Seas Programmes and the International Coral Reef
Initiative (ICRI), UNEP works to strengthen partnerships among governments,
international agencies, non-governmental organizations and the private
sector for coral reef action.
- As an intergovernmental organization UNEP supports strengthening of national
institutional and policy which includes support, advice and guidance on
integrated and ecosystem-based management, and creating supportive and
effective institutional and policy frameworks.
- UNEP strives to ensure that efforts at the global and regional levels result in
practical benefits on the ground, for the wellbeing of local communities and
economies.
- UNEP also works to improve the application of scientific knowledge to practical
action by preparing environmental outlooks and through development of tools
and guidelines.
- Apart from above, it also focuses on disasters and conflicts, ecosystem

management, environmental governance and provides information and data
on the global environment to stakeholders including governments, non-
governmental organizations and the public for them to engage in realizing
the Sustainable Development Goals.
21) Describe the International Environmental Regime.

- Like the parliament of a country enacts most of the laws, so is the case with Member
states of the UNO who have been following the models laws, guidelines, rules
and regulations framed by the UNO in its various conventions from time to
time.
- The UNO was established in 1945 and had 6 organs namely: -
a. The General Assembly
b. The security Council
c. The international Court of Justice
d. The Secretariat
e. The economic and social Council
f. The Trusteeship Council.
Apart from the main organs, UN has specialized agencies also e.g.: -
a. World Health Organisation (WHO)
b. United Nations Environment Programme (UNEP)
- The United Nations Organisations (UNO) and its various organs have already
recognized the Global warming, Ozone Depletion, and other Environmental
Pollution During 1960-70.
- They have been searching the ways and means for the preservation, Conservation
and protection of Environment and at the same time, the development should
go side by side. Thus they wanted to adopt a new policy i.e. sustainable
development.
- For the above said purpose in the year 1969 Pearson commission on International
development was constituted which gave 10 objectives for the standards of
development.
- In order to reconcile between Right to development and Right to Environment,

UNO has been conducting several conventions :-
a. The Ramsar convention 1972
b. The Stockholm Declaration on Human Environment 1972
c. The Convention on International Trade in Endangered species of wild Fauna and
Flora 1973.
d. The Nairobi Convention 1982
e. The Biodiversity Convention 1992
f. The Earth summit 1992
g. The Johannesburg Convention 2002 etc.
- Agenda 21 has been a blueprint for sustainable development prepared at the
United nations conference on Environment and Development ( UNCED )at Rio
De Janeiro in 1992.
- As a part of the major documents signed at the earth summit and global forum, it
has 40 chapters including all environmental problems and solutions, such as
climate change, Ozone depletion, transboundary air pollution, Drought and
desertification etc.
- It is stressing on improved international co-operation in observation and research
the need to develop an early warning system for change and the necessity to
promote a stronger partnership between environmental and developmental
agencies.
- Apart from the above UN General Assembly has set up a commission under the
name of the “World Commission on Environment and Development ( WCED )
1983 with the objective to consider the issues involving relationship between
environment and Development.
- Besides the efforts of the United Nations and its specialized Agencies, there are
certain Non-Governmental Agencies who are also contributing towards
Protection of Environment at the International Level.
It includes: -
A. Earthwatch Institute: - It is an international environmental charity founded as
Educational Expeditions International in 1971 near Boston (USA). It is one of
the largest global underwriters of scientific field research in archaeology,
palaeontology, marine life, biodiversity, ecosystems and wildlife. For over forty
years, Earthwatch has delivered a unique citizen science model to raise funds
and recruit individuals, students, teachers and corporate fellows to participate
in critical field research to understand nature's response to accelerating global
change. Earthwatch's work supports hundreds of Ph.D. researchers across
dozens of countries, conducting over 100,000 hours of research annually. Since
1972 it has taken more than 2000 projects in more than 111 countries.
B. Friends of the Earth International (FoEI): - It is an international network
of environmental organizations in 74 countries. Friends of the Earth was
founded in 1969 in San Francisco. It became an international network of
organisations in 1971 with a meeting of representatives from four
countries: U.S., Sweden, the UK and France. FoEI currently has a secretariat
(based in Amsterdam, Netherlands) which provides support for the network and
its agreed major campaigns. Its advocacy programs focus on environmental
issues, highlighting their social, political and human rights contexts. FOEI also
plans campaigns in other fields
like desertification, Antarctica, maritime, mining and extractive
industries and nuclear power.
C. The Geophysical Fluid Dynamics Laboratory (GFDL) is a laboratory in the National
Oceanic and Atmospheric Administration (NOAA) Office of Oceanic and
Atmospheric Research (OAR). It is one of seven NOAA Research Laboratories
(RLs). GFDL is engaged in comprehensive long lead-time research to expand the
scientific understanding of the physical processes that govern the behavior of
the atmosphere and the oceans as complex fluid systems.
These systems can then be modeled mathematically and
their phenomenology can be studied by computer simulation methods. GFDL's
accomplishments include the development of the first climate models to
study global warming, the first comprehensive ocean prediction codes, and the
first dynamical models with significant skill in hurricane track and intensity
predictions.
D. Greenpeace is a non-governmental environmental organization with offices in
over 55 countries and an international coordinating body in Amsterdam,
the Netherlands. Greenpeace was founded in 1971. Greenpeace states its goal
is to "ensure the ability of the Earth to nurture life in all its diversity" and
focuses its campaigning on worldwide issues such as climate
change, deforestation, overfishing, commercial whaling, genetic engineering,

and anti-nuclear issues. It uses direct action, lobbying, research, and ecotage to
achieve its goals. Greenpeace is known for its direct actions and has been
described as one of the most visible environmental organisations in the world.
E. The International Council for Science (ICSU, after its former
name, International Council of Scientific Unions) is an international non-
governmental organization devoted to international cooperation in the
advancement of science. Its members were national scientific bodies and
international scientific unions. In July 2018, the ICSU merged with
the International Social Science Council (ISSC) to form the International Science
Council (ISC).In 2017, the ICSU comprised 122 multi-disciplinary National
Scientific Members, Associates and Observers representing 142 countries and
31 international, disciplinary Scientific Unions. ICSU also had 22 Scientific
Associates. To do this, the ICSU mobilized the knowledge and resources of the
international scientific community to:
 Identify and address major issues of importance to science and society.
 Facilitate interaction amongst scientists across all disciplines and from all
countries.
 Promote the participation of all scientists — regardless of race, citizenship,
language, political stance, or gender — in the international scientific
endeavour.
 Provide independent, authoritative advice to stimulate constructive
dialogue between the scientific community and governments, civil society,
and the private sector."
 Activities focused on three areas: International Research Collaboration,
Science for Policy, and Universality of Science.
F. The NRDC was founded in 1970. The Natural Resources Defense Council (NRDC)
is a United States-based non-profit international environmental advocacy
group, with its headquarters in New York City and offices in Washington
D.C., San Francisco, Los Angeles, New Delhi, Chicago, Bozeman, and Beijing.
Founded in 1970, the NRDC has over 3 million members, with online activities
nationwide, and a staff of about 700 lawyers, scientists and other policy experts.
Their programs list include:
 Climate & Clean Energy
 Healthy People & Thriving Communities

 International
 Litigation
 Nature
 Science Center
G. The World Wide Fund for Nature (WWF) is an international non-

governmental organization found in 1961 that works in the field of wilderness
preservation and the reduction of human impact on the environment. It was
formerly named the World Wildlife Fund, which remains its official name
in Canada and the United States. WWF is the world's largest conservation
organization, with over five million supporters worldwide, working in more
than 100 countries and supporting around 3,000 conservation and
environmental projects. They have invested over $1 billion in more than 12,000
conservation initiatives since 1995. WWF aims to "stop the degradation of the
planet's natural environment and to build a future in which humans live in
harmony with nature." The Living Planet Report has been published every two
years by WWF since 1998; it is based on a Living Planet Index and ecological
footprint calculation. In addition, WWF has launched several notable
worldwide campaigns, including Earth Hour and Debt-for-nature swap, and its
current work is organized around these six areas: food, climate, freshwater,
wildlife, forests, and oceans.
Conventions: -
Ramsar Convention (1971) - The convention was co-founded by Eskandar
Firouz (former environment minister of Iran), Luc Hoffmann of Tour du Valat
research station in the Camargue in France, and Geoffrey Matthews of
the Wildfowl & Wetlands Trust at Slimbridge in the late 1960s.
- It is also known as the Convention on Wetlands. It is named after the city
of Ramsar in Iran, where the convention was signed in 1971.
- The Ramsar Convention on Wetlands of International Importance, especially as
Waterfowl Habitat is an international treaty for the conservation and
sustainable use of wetlands.
- Every three years, representatives of the contracting parties meet as
the Conference of the Contracting Parties (COP), the policy-making organ of
the convention which adopts decisions (resolutions and recommendations) to

administer the work of the convention and improve the way in which the parties
are able to implement its objectives.
- The Last COP13 was held in Dubai, United Arab Emirates, in October 2018.
- The countries with most sites are the United Kingdom with 175 and Mexico with
142. And, the country with the greatest area of listed wetlands is Bolivia, with
around 148,000 square kilometres (57,000 sq mi).
- There are 42 Ramsar sites in India. These are wetlands deemed to be of
"international importance" under the Ramsar Convention. Eg:- Beas
Conservation Reserve and Kolleru lake.
- The Ramsar Sites Information Service (RSIS) is a searchable database which provides
information on each Ramsar site.
- The 2nd of February each year is World Wetlands Day, marking the date of the
adoption of the convention on 2 February 1971. Established to raise awareness
about the value of wetlands for humanity and the planet.
- The list of wetlands of international importance included 2,331 Ramsar sites in May
2018 covering over 2.1 million square kilometres (810,000 sq mi).
- The following are the bodies established by the convention for easy administration
A. Conference of Contracting Parties: This is the convention's governing body
consisting of all governments that have ratified the treaty. This ultimate
authority reviews progress under the convention, identifies new priorities, and
sets work plans for members. The COP can also make amendments to the
convention, create expert advisory bodies, review progress reports by member
nations, and collaborate with other international organizations and agreements.
B. The standing committee: The Standing Committee is the intersessional executive
body which represents the COP between its triennial meetings, within the
framework of the decisions made by the COP.
C. The Scientific and Technical Review Panel: (STRP) provides scientific and
technical guidance to the Conference of Contracting Parties, the Standing
Committee, and the Ramsar Secretariat.
D. The Secretariat: The Secretariat carries out the day-to-day coordination of the
convention's activities. It is based at the headquarters of the International
Union for Conservation of Nature (IUCN) in Gland, Switzerland.
Nairobi Convention (1982)- The world community of states, assembled in

Nairobi from 10 to 18 May 1982 to commemorate the tenth anniversary of the
United Nations Conference on the Human Environment, held in Stockholm,
having reviewed the measures taken to implement the Declaration and Action
Plan adopted at that Conference, solemnly requests Governments and people
to build on the progress so far achieved.
The Stockholm Conference was a powerful force in increasing public awareness
and understanding of the fragility of the human environment. The years since
then have witnessed significant progress in environmental sciences; education,
information dissemination and training have expanded considerably; in nearly
all countries, environmental legislation has been adopted, and a significant
number of countries have incorporated within their constitutions provisions for
the protection of the environment.
- But it expresses its serious concern about the present state of the
environment worldwide, and recognizes the urgent necessity of
intensifying the efforts at the global, regional and national levels to
protect and improve it.
- It had been seen that Action Plan has only been partially implemented,
and the results cannot be considered as satisfactory, due mainly to
inadequate foresight and understanding of the long-term benefits of
environmental protection, to inadequate co-ordination of approaches
and efforts, and to unavailability and inequitable distribution of
resources.
- So the Nairobi Declaration aimed to continue the principles of the
Stockholm declaration.
- Further it stressed to refine those principles suited to present and the
coming Global environment.
- The Nairobi Declaration reaffirmed its commitment of the Stockholm
Declaration and the Action Plan, as well as to further strengthen and
expand National efforts and international cooperation for the
Environmental protection .
- It requested all the Governments and people of the world to participate
in the programmes to eradicate Environmental Pollution and protect
Planet Earth.
- The Effect of Nairobi Declaration was that, UN convention on Law of the

seas 1982 was conducted with an aim to protect and preserve Marine
Environment which was signed by 159 countries.
- The system wide Medium Term Environmental Programme ( SWMTEMP)
was evolved in 1982 which came in the form of programme undertaken
by UNEP between 1984-89. Which focused on 15 items wherein further
these programmes were further subdivided into 38 Programmes and
members had been contributing and Participating in it.
Bonn Convention- The Convention on the Conservation of Migratory
Species of Wild Animals, also known as the Convention on Migratory
Species (CMS) or the Bonn Convention, is an international agreement that
aims to conserve migratory species throughout their ranges.
- Here by the word migration refers to change in habitat during seasons
from 1 country to another for a certain period of the year.
eg:- Certain Bird species from central Russia migrate every year
travelling thousands of kilometers to Kolleru lake for breeding purpose
and then again migrate back after limited time.
- The Agreement was signed under the auspices of the United Nations
Environment Programme and is concerned with conservation of wildlife
and habitats on a global scale.
- Signed in 1979 in Bonn, West Germany, the Convention entered into
force in 1983.
- As of September 2020, there are 131 Member States to the Convention.
The depositary is the Government of the Federal Republic of Germany.
- The CMS is the only global, and United Nations-based, intergovernmental
organization established exclusively for the conservation and
management of terrestrial, aquatic and avian migratory species.
- The CMS, and its daughter Agreements, determine policy and provide
further guidance on specific issues through their Strategic Plans, Action
Plans, resolutions, decisions and guidelines.
- The main object of this convention was to take precautionary steps and
acts by the member states throughout the world to protect migratory
Birds.
- In 1992 again at earth summit, the need for protection and conservation
of migratory birds were included as part of its objectives and
programmes.
Rio/Earth Summit (1992)- The United Nations Conference on Environment and
Development (UNCED), also known as the Rio de Janeiro Earth Summit, the Rio
Summit, the Rio Conference, and the Earth Summit (Portuguese: ECO92), was
a major United Nations conference held in Rio de Janeiro from June 3rd to June
14th in 1992.
- Earth Summit was created as a response for member states to cooperate
together internationally on development issues after the Cold War. Due to
issues relating to sustainability being too big for individual member states to
handle, Earth Summit was held as a platform for other member states to
collaborate.
- The convention has three main goals: the conservation of biological
diversity (or biodiversity); the sustainable use of its components; and the
fair and equitable sharing of benefits arising from genetic resources.
- Its objective is to develop national strategies for the conservation and sustainable
use of biological diversity, and it is often seen as the key document
regarding sustainable development.
- Since the creation, many others in the field of sustainability show a similar
development to the issues discussed in these conferences, including non-
governmental organizations (NGOs).
The issues addressed included:
 Measures the incentives for the conservation and sustainable use of
biological diversity.
 Regulated access to genetic resources and traditional knowledge,
including Prior Informed Consent of the party providing resources.
 Sharing, in a fair and equitable way, the results of research and
development and the benefits arising from the commercial and other
utilization of genetic resources with the Contracting Party providing such
resources.
 Access to and transfer of technology, including biotechnology, to the

governments and/or local communities that provided traditional
knowledge and/or biodiversity resources.
 Technical and scientific cooperation.
 Coordination of a global directory of taxonomic expertise.
 National reporting on efforts to implement treaty commitments.
- An important achievement of the summit was an agreement on the Climate
Change Convention which in turn led to the Kyoto Protocol and the Paris
Agreement. Another agreement was to "not to carry out any activities on the
lands of indigenous peoples that would cause environmental degradation or
that would be culturally inappropriate".
- The Convention on Biological Diversity was opened for signature at the Earth
Summit, and made a start towards redefinition of measures that did not
inherently encourage destruction of natural ecoregions and so-
called uneconomic growth.
- The Earth Summit resulted in the following documents:
 Rio Declaration on Environment and Development
 Agenda 21
 Forest Principles
- The meetings of the parties to the convention are known as Conferences of the
Parties (COP), with the first one (COP 1) held in Nassau, Bahamas, in 1994 and
the most recent one (COP 14) held in Sharm El-Sheikh, Egypt.
- It basically consists of 4 bodies for easy administration:-
a. Conference of the Parties (COP)
b. CBD Secretariat which is based in Montreal, Quebec, Canada.
c. Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA
d. Subsidiary Body on Implementation (SBI)
- The current acting executive secretary is Elizabeth Maruma Mrema, who took up
this post on 1 December 2019.
Kyoto Protocol (1997)- It is an international treaty which extends the 1992 United
Nations Framework Convention on Climate Change (UNFCCC) that commits
state parties to reduce greenhouse gas emissions, based on the scientific

consensus that (part one) global warming is occurring and (part two) that
human-made CO2 emissions are driving it.
- The Kyoto Protocol was adopted in Kyoto, Japan on 11 December 1997 and entered
into force on 16 February 2005.
- There are currently 192 parties (Canada withdrew from the protocol, effective
December 2012) to the Protocol.
- The Kyoto Protocol implemented the objective of the UNFCCC to reduce the onset
of global warming by reducing greenhouse gas concentrations in the
atmosphere to "a level that would prevent dangerous anthropogenic
interference with the climate system" (Article 2).
- The Kyoto Protocol applies to the six greenhouse gases listed in Annex A: carbon
dioxide (CO2), Methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).
- The Protocol is based on the principle of common but differentiated responsibilities:
it acknowledges that individual countries have different capabilities in
combating climate change, owing to economic development, and therefore puts
the obligation to reduce current emissions on developed countries on the basis
that they are historically responsible for the current levels of greenhouse gases
in the atmosphere.
- The Protocol's first commitment period started in 2008 and ended in 2012. All 36
countries that fully participated in the first commitment period complied with
the Protocol.
- As of October 2020, 147 states have accepted the Doha Amendment. It will enter
into force as of 31 December 2020, following its acceptances by 144 states. Of
the 37 parties with binding commitments, 34 have ratified.
- Most countries are Parties to the United Nations Framework Convention on Climate
Change (UNFCCC). Article 2 of the Convention states its ultimate objective,
which is to stabilize the concentration of greenhouse gases in the atmosphere
"at a level that would prevent dangerous anthropogenic (human) interference
with the climate system.
- Some of the principal concepts of the Kyoto Protocol are:
 Binding commitments for the Annex I Parties. The main feature of the
Protocol is that it established legally binding commitments to reduce
emissions of greenhouse gases for Annex I Parties. The commitments were
based on the Berlin Mandate, which was a part of UNFCCC negotiations
leading up to the Protocol.
 In order to meet the objectives of the Protocol, Annex I Parties are required
to prepare policies and measures for the reduction of greenhouse gases
in their respective countries. In addition, they are required to increase the
absorption of these gases and utilize all mechanisms available, such as joint
implementation, the clean development mechanism and emissions
trading, in order to be rewarded with credits that would allow more
greenhouse gas emissions at home.
 Minimizing Impacts on Developing Countries by establishing
an adaptation fund for climate change.
 Accounting, Reporting and Review in order to ensure the integrity of the
Protocol.
 Compliance, establishing a Compliance Committee to enforce compliance
with the commitments under the Protocol.
- The agreement is a protocol to the United Nations Framework Convention on
Climate Change (UNFCCC) adopted at the Earth Summit in Rio de Janeiro in
1992, which did not set any legally binding limitations on emissions or
enforcement mechanisms.
- Only Parties to the UNFCCC can become Parties to the Kyoto Protocol. The Kyoto
Protocol was adopted at the third session of the Conference of Parties to the
UNFCCC (COP 3) in 1997 in Kyoto, Japan.
Johannesburg Convention (2002)- The Johannesburg Declaration on Sustainable
Development was adopted at the World Summit on Sustainable
Development (WSSD), sometimes referred to as Earth Summit 2002, at which
the Plan of Implementation of the World Summit on Sustainable
Development was also agreed upon.
- This summit was held in Johannesburg South Africa on August 26 to September 6,
2002.
- Earth Summit 2002 produced the Johannesburg Declaration on Sustainable

Development, an international agreement on the environment and
- The Johannesburg Declaration builds on earlier declarations made at the United
Nations Conference on the Human Environment at Stockholm in 1972, and
the Earth Summit in Rio de Janeiro in 1992.
- The Johannesburg Declaration reiterates most of the proposals from the Rio
Declaration on Environment and Development and Agenda 21.
- The Johannesburg Declaration contains targets and timetables for achieving the
goals of Agenda 21 (Agenda 21 is a non-binding action plan of the United
Nations with regard to sustainable development).
- While committing the nations of the world to sustainable development, it also
includes substantial mention of multilateralism as the path forward.
- In terms of the political commitment of parties, the Declaration is a more general
statement than the Rio Declaration.
- It is an agreement to focus particularly on "the worldwide conditions that pose
severe threats to the sustainable development of our people, which include:
chronic hunger; malnutrition; foreign occupation; armed conflict; illicit drug
problems; organized crime; corruption; natural disasters; illicit arms trafficking;
trafficking in persons; terrorism; intolerance and incitement to racial, ethnic,
religious and other hatreds; xenophobia; and endemic, communicable and
chronic diseases, in particular HIV/AIDS, malaria and tuberculosis.
- However numerous environmental organizations have criticized Earth Summit
2002 for not producing any new, substantive international agreements.
---The End ---

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KRISHNA’S LAWRIALS – YOUTUBE CHANNEL

PAPER – 5 ENVIRONMENTAL LAW

It consists of 3 kinds of components, namely: -

- Energy Component: - This component includes solar energy, Geo-chemical energy,

2) What is meant by ecology, ecosystem, Biosphere, Biome?

- Ancient Greek philosophers Hippocrates and Aristotle laid the foundations of

- It is branch of biology concerning the spatial and temporal patterns of the

- It is thus a study of organisms in relation to their environment. It is a subject

- Evolutionary Concepts relating to adaptation and natural selection became

- It has its practical Application in conservation Biology, wetland Management,

- According to U.N Council on Environmental Quality, ecosystem is the

- It consists of both Living/Biotic and Non-living/abiotic components.

- The non-living components of eco-system consist of chemicals substances

- All other organisms are called consumers or heterotrophic organisms, as

- An organism that feeds only on plants is called an herbivore or primary

- A consumer that feeds only on an animal is called carnivore. e.g.: - lion

- A fourth group of consumers feeds on dead or decomposed tissues of plants

- It is a global ecological system integrating all living beings and their

- Though it is a thin layer it has great significance for our life.

- Our very existence and survival on earth depends on the Biosphere.

- Therefore it is necessary to understand the inter relationships between the

- Biomes are distinct biological communities that have formed in response to a

- Aquatic biomes: they are biomes found in water. Water covers 70

Grasslands Biomes: - are areas where the vegetation is dominated by grasses

3)What does ozone depletion mean?

- The ozone layer or ozone shield is a region of Earth's stratosphere that

- The ozone layer absorbs 97 to 99 percent of the Sun's medium-frequency

a. A steady lowering of about four percent in the total amount

b. A much larger springtime decrease in stratospheric ozone around Earth's

- The main cause of ozone depletion is manufactured chemicals, especially

- These wavelengths cause skin cancer, sunburn, permanent blindness,

- The United Nations General Assembly has designated September 16 as

4) What is meant by environmental degradation and global

from Automobiles causing extreme Air pollution, Water pollution, Throwing

- “Global warming” refers to the rise in global temperatures due mainly to

- It is also described as a phenomenon of increasing

- Human activity affects global surface temperatures by changing Earth's

- The above scenario depends mainly on future concentrations of certain trace

- It is to be seen that Modern global warming is the result of an increase in

- Global warming is already being associated with increases in the incidence of

- Giving voice to a growing conviction of most of the scientific community,

5) What is Climate change? What are its effects?

- It is the usual condition of the temperature, humidity, atmospheric pressure,

- “Climate change” refers to the increasing changes in the measures

- Climate change is a long-term change in the average weather patterns that

- Climate change includes both natural as well as anthropogenic change.

- Since the advent of human civilization, climate change has involved an

The ways in which we can control climate change

- Protect and restore key ecosystems.

- Support small agricultural producers by encouraging Agricultural activities.

- By Promoting green energy.

- By Combating Combat short-lived climate pollutants.

- By Focusing more on adaptation of positive measures, not just mitigation of

6) What is the need for conservation, preservation and protection of

- Conservation simply indicates the sustainable use as well as management of

- It requires that the Environment be used in a way that is sustainable and it

- By using the Environment sustainably, the Environment and Natural resources

- Conservation is a principle of resource use, Allocation and Protection. Its main

- Although Planet’s climate is known to go through cycles and to change