Q 1 .Describe the Bhopal Gas Tragedy and Environmental Protection Act 1986.

The Bhopal disaster, also referred to as the Bhopal Gas Tragedy, was a gas leak
incident in India, considered one of the world’s worst industrial disasters. It occurred
on the night between 2nd and 3rd December, 1984 at the Union Carbide India
Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh. Over 500,000 people were
exposed to methyl isocyanate gas and other chemicals. The toxic substance made its
way in and around the shanty-towns located near the plant. Estimates vary on the
death toll. The official immediate death toll was 2,259. The government of Madhya
Pradesh confirmed a total of 3,787 deaths related to the gas release. According to
other estimates, around 8,000 died within two weeks and another 8,000 or more
have since died from gas-related diseases. A government affidavit in 2006 stated the
leak caused 558,125 injuries including 38,478 partial disabling injuries and
approximately 3,900 severe and permanent disabling injuries.

It was the Bhopal Gas Tragedy which necessitated the Government of India to enact
a comprehensive environmental legislation, including rules relating to storing,
handling and use of hazardous waste. On the basis of these rules, the Indian
Parliament enacted the Environment Protection Act, 1986. This is an umbrella
legislation that consolidated the provisions of the Water (Prevention and Control of
Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981.
Within this framework of the legislations, the government established Pollution
Control Boards (PCBs) in order to prevent, control, and abate environmental
pollution.

Q 2. Describe two main function of Central Pollution Control Board.

The Central Pollution Control Board (CPCB) 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.
(iii) Advise the Central Government on any matter concerning prevention and control
of water and air pollution and improvement of the quality of air.
(iv) Plan and cause to be executed a nation-wide programme for the prevention,
control or abatement of water and air pollution. z
(v) 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.
(vi) 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.
(vii) 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.

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Q3. what do you understand by sustainable development. What are the threats to
sustainable development .

‘Sustainable Development’ is development that meets the needs of the present

without compromising the ability of future generations to meet their own needs.
‘Sustainable Development’ is concerned with the rate of consumption and use of
natural resources. The focus is on ensuring that we do not consume the resources at
a rate that makes it difficult for us to substitute or replace them.

Threats to sustainability are:

i. increasing human population
ii. over exploitation of resources to meet human needs like fuel, fodder and shelter;
iii. activities like fishing, agriculture, overuse of fresh water, deforestation and
industrialisation;
iv. land clearing leads to problems like soil degradation, pollution, loss of biodiversity,
deforestation, desertification, climate change; and
v. social degradation due to factors like increasing unemployment, health crisis,
armed conflict, urbanisation, poverty, income inequity

Q4. What are the various components of sustainable development .

1. The components of sustainability are economy, environment and society.

2. Some of the targeted areas for economic development are Rural Development,
Urban Development and Industry.

3. The Ministry of Health and Family Welfare looks after the health of the people.

4. In order to prevent ‘Environmental Degradation’ we can introduce farmers to eco-

friendly agricultural practices like crop rotation, natural fertilisers and pesticides.

Q 5 General Principle of Environmental Law

The general principle of environmental law is to protect the environment and natural
resources. It is a system of laws and regulations that are designed to ensure that
human activities do not harm the environment and to promote sustainable
development. Environmental law includes a wide range of topics such as air and
water pollution, waste management, habitat conservation, and climate change.

One of the key principles of environmental law is the precautionary principle, which
states that when an activity raises threats of harm to the environment or human
health, in the absence of scientific consensus, the burden of proof falls on those who
would advocate for the activity. This means that if there is uncertainty about the
potential harm of an activity, it is better to err on the side of caution and take
measures to prevent harm.

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Another important principle of environmental law is the polluter pays principle. This
principle holds that those who cause pollution or other environmental damage
should be responsible for the costs of remedying the damage. This principle
incentivizes companies and individuals to take steps to reduce pollution and to avoid
activities that could cause damage to the environment.
Overall, environmental law is critical for ensuring that we protect our environment
for future generations and promote sustainable development.

Q6. Explain the polluter pays principle .

‘Polluter Pays Principle’ makes the party responsible for producing pollution to pay
for the damage done to the natural environment. In simple words the polluter pays
principle is commonly accepted practice that those who produce pollution should
bear the costs of managing it to prevent damage to human health or the
environment.

Q7. Describe the public trust doctrine principle.

‘Public Trust Doctrine’ is the principle that certain resources are preserved for public
use, and that the Environment is required to maintain them for the reasonable use
of the public. State is the ‘Trustee’ of all natural resources which are by nature
meant for public use and enjoyment.

Q8. Define the ‘Judicial Activism’ especially as applied in the field of environmental
protection?

Judicial activism is the term used to describe the active role that the judiciary plays in
preserving the rights of the citizens and the constitutional framework of the country.
It refers to the willingness of the judiciary to exercise its power when the executive
or the legislature fail to discharge their constitutional obligations effectively¹.
In the field of environmental protection, judicial activism has been a driving force
behind the fight against pollution and environmental degradation in India. The
judiciary has played a crucial role in filling the gap and ensuring that environmental
laws and regulations are enforced. The judiciary has also expanded the scope of
environmental rights by interpreting the constitutional provisions differently. Some
of the examples of judicial activism in environmental protection are:
- The recognition of the right to a clean and healthy environment as a part of the
right to life and personal liberty under Article 21 of the Constitution².
- The relaxation of the rule of locus standi, which allows any person or group to file a
public interest litigation (PIL) on behalf of the affected parties or the general public
for environmental issues³.
- The application of the public trust doctrine, which imposes a duty on the state to
protect and preserve the natural resources as a trustee for the benefit of the present
and future generations⁴.
- The adoption of the principles of sustainable development, precautionary principle,
and polluter pays principle as the guiding norms for environmental decision-
making.

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Q9.Describe the composition and jurisdiction of National Green Tribunal?
The National Green Tribunal (NGT) is a statutory body in India that deals with
expeditious disposal of cases related to environmental protection and other natural
resources. It was set up under the National Green Tribunal Act in 2010¹².
The composition of NGT consists of a Chairperson, who is a retired judge of the
Supreme Court or a High Court, and at least 10 and not more than 20 full-time
Judicial Members and Expert Members. The Judicial Members are appointed from
among the judges of the High Courts, while the Expert Members are appointed from
among persons having qualifications and experience in environmental law, science,
engineering, or management¹².
The jurisdiction of NGT extends to all civil cases where a substantial question relating
to environment is involved. It can hear cases arising from the implementation of
various environmental laws, such as the Water Act, the Air Act, the Environment
Protection Act, the Forest Conservation Act, the Biodiversity Act, etc. It can also hear
appeals against the orders or decisions of various authorities under these laws¹².
The NGT has the power to grant relief and compensation to the victims of
environmental damage and to impose penalties for violating environmental laws. It
can also issue directions or orders for the restoration of the environment and the
prevention of pollution¹².
The NGT has its principal bench in New Delhi and four zonal benches in Bhopal, Pune,
Kolkata, and Chennai. It also has circuit benches in different states and union
territories.

Q10. Discuss the rights of Consumer under the Consumer Protection Act, 1986?
The Consumer Protection Act, 1986 (CPA) is a law that aims to protect the interests
and rights of consumers in India. It covers all goods and services, and applies to all
sectors, whether public, private, or cooperative. It also provides a mechanism for
consumers to seek redressal for any grievances arising from unfair trade practices,
defective goods, or deficient services.

According to the CPA, consumers have six basic rights, which are:

- *Right to safety*: Consumers have the right to be protected from goods and
services that are hazardous to their life and property. This right applies especially to
products such as medicines, food, automobiles, etc. that can affect the health and
safety of consumers.
- *Right to information*: Consumers have the right to be informed about the quality,
quantity, potency, purity, standard, and price of goods and services. They also have
the right to access accurate and truthful information about the products and services
they intend to buy.
- *Right to choose*: Consumers have the right to choose from a variety of goods and
services at competitive prices. They also have the right to reject any goods or
services that they do not want or need.
- *Right to be heard*: Consumers have the right to express their opinions and
complaints about the goods and services they use. They also have the right to be
represented in various forums where decisions affecting consumer interests are
made.

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- *Right to seek redressal*: Consumers have the right to seek legal remedy against
any exploitation or injustice done to them by the sellers or manufacturers of goods
and services. They can approach the consumer courts at the district, state, or
national level for redressal of their grievances.
- *Right to consumer education*: Consumers have the right to acquire knowledge
and skills to become informed and aware consumers. They also have the right to
receive consumer education through various means, such as media, schools,
consumer organizations, etc.

Q11. Describe the main functions of the Competition Commission of India.

The Competition Commission of India (CCI) is a statutory body that regulates the
competition in the Indian market. It was established in 2003 under the Competition
Act, 2002, which replaced the Monopolies and Restrictive Trade Practices Act, 1969.
The main functions of the CCI are:

- To prevent practices that have an adverse effect on competition, such as anti-

competitive agreements, abuse of dominant position, and combinations (mergers
and acquisitions) that may reduce competition.
- To promote and sustain competition in various sectors of the economy, by
conducting market studies, issuing guidelines, and taking suo moto actions against
anti-competitive conduct.
- To protect the interests of consumers and ensure freedom of trade, by addressing
complaints, conducting investigations, and imposing penalties or remedies for
violations of the Competition Act.
- To implement competition policies and advocate for a competitive environment, by
engaging with the government, the judiciary, the industry, and the public, and by
cooperating with other competition authorities.

Q12. Enumerate the main features of the ‘Rio Declaration- Agenda 21’.
The Rio Declaration- Agenda 21 is a comprehensive plan of action to be taken
globally, nationally and locally by organizations of the United Nations System,
Governments, and Major Groups in every area in which human impacts on the
environment¹²³⁴. Some of its main features are:

- It consists of *40 chapters* organized into *four sections*¹:

* Section I: Social and Economic Dimensions
* Section II: Conservation and Management of Resources for Development
* Section III: Strengthening the Role of Major Groups
* Section IV: Means of Implementation
- It addresses a wide range of issues such as poverty, health, education, population,
human settlements, biodiversity, climate change, waste management, etc¹.
- It aims to achieve *sustainable development*, which is defined as development
that meets the needs of the present without compromising the ability of future
generations to meet their own needs¹.
- It is based on the principles of the *Rio Declaration on Environment and
Development*, which include the following¹:
* Human beings are at the centre of concerns for sustainable development.

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 * The right to development must be fulfilled so as to equitably meet
developmental and environmental needs of present and future generations.
* States have the sovereign right to exploit their own resources pursuant to their
own environmental and developmental policies, and the responsibility to ensure that
activities within their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of national jurisdiction.
* The precautionary approach shall be widely applied by States according to their
capabilities. Where there are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing cost-effective
measures to prevent environmental degradation.
* Environmental issues are best handled with the participation of all concerned
citizens, at the relevant level.
* States shall cooperate in a spirit of global partnership to conserve, protect and
restore the health and integrity of the Earth's ecosystem.

Q13. Discuss the significance of the ‘World Summit on Sustainable Development

(WSSD)’
The World Summit on Sustainable Development (WSSD) was a major international
conference that took place in Johannesburg, South Africa, in 2002. It aimed to review
the progress made since the 1992 Earth Summit in Rio de Janeiro and to renew the
global commitment to sustainable development¹. The WSSD was attended by more
than 100 heads of state and government, as well as thousands of representatives
from civil society, business, and other stakeholders¹.

The WSSD produced two main outcomes: a Political Declaration and a Plan of
Implementation. The Political Declaration reaffirmed the principles of the Rio
Declaration and the Millennium Declaration, and called for collective responsibility
and solidarity in achieving sustainable development². The Plan of Implementation
outlined concrete actions and targets on various issues, such as poverty eradication,
water and sanitation, energy, health, agriculture, biodiversity, climate change, and
trade³.

The significance of the WSSD lies in its recognition of the interdependence of

social, economic, and environmental dimensions of sustainable development, and its
emphasis on the role of partnerships among different actors in implementing the
agreed commitments⁴. The WSSD also launched a number of initiatives and
programmes to support regional and national efforts, such as the Johannesburg
Renewable Energy Coalition, the New Partnership for Africa's Development, and the
UN Decade of Education for Sustainable Development. The WSSD was followed by
the 2012 Rio+20 Conference and the 2015 Sustainable Development Summit, which
adopted the 2030 Agenda for Sustainable Development and the Sustainable
Development Goals.

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 Q14.Discuss the importance of the ‘Stockholm Declaration’ highlighting its main
features?
The Stockholm Declaration is a set of 26 principles to protect and preserve the
environment, adopted by the United Nations Conference on the Human
Environment in 1972¹. It covers topics such as human-centric, sustainable
development, prevention, compensation, cooperation and customary international
law. Some of its main features are:

- It recognized the right to a healthy environment as a basic human right (Principle

1)².
- It emphasized the need to balance economic and social development with
environmental protection (Principles 2, 3, 4, 5, 13 and 14)².
- It established the principle of state responsibility for transboundary
environmental harm (Principle 21)².
- It called for preventive actions to avoid environmental degradation and pollution
(Principles 6, 7, 8 and 18)².
- It proposed the provision of compensation to victims of environmental damage
(Principle 22)².
- It urged international cooperation and assistance to address global and regional
environmental problems (Principles 24 and 25)².

The importance of the Stockholm Declaration lies in its role as the first global
document to address environmental issues and to initiate a dialogue between
developed and developing countries on the link between environmental protection
and human well-being. It also led to the creation of the United Nations Environment
Programme (UNEP), the first UN agency dedicated to environmental matters³. The
Stockholm Declaration influenced subsequent international environmental
agreements, such as the Rio Declaration, the Convention on Biological Diversity, and
the Paris Agreement⁴. It also inspired many national constitutions and legislations to
incorporate environmental rights and duties⁵.

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 Public Trust Doctrine' is the principle that certain resources are preserved for
public use, and that the Environment is required to maintain them for the
reasonable use of the public. State is the 'Trustee' of all natural resources which are
by nature meant for public use and enjoyment.

2. The 'Doctrine of Public Trust' imposes the following three kinds of restrictions on
the state:

(a) The property must not only be used for a public purpose, it must be available for
use by the general public;

(b) The property must not be sold, even for fair cash equivalent; and

(c) The property must be maintained for particular king of uses, such as navigation,
recreation, or fishery.

Principle 16 of the RIO 'RIO Declaration' of 1992 proclaims that national authorities
should endeavour to promote the internationalisation of environmental costs and
the use of economic instruments, taking into account the approach that the polluter
should fear the cost of pollution, with due regard to the public interest and without
distorting international trade and investment.

Twenty years after Stockholm, the United Nations Conference on Environment and
Development was held in Rio de Janeiro in 1992. "The Earth Summit', as it was called
adopted the 'Rio Declaration' and an action plan of 40 chapters called Agenda 21
was adopted by over 100 Nations.

Agenda 21 was geared towards achieving Sustainable Development in the 21st

century. The 'Rio Concept' can be summarised as:

• Equal consideration of environment, society and economy;

• Intergenerational solidarity keeping in mind the needs of the future generations;

A global consensus and political commitment at the national and international levels;

Involvement of the Non-Government Organisations (NGOs);

Provides a blueprint for the governments to attain a balance between the en…
24.5.7 The Public Liability Insurance Act, 1981

This Act aims to provide immediate relief to the persons affected by accident
occurring while handling any hazardous substance. It provides that every owner shall
take out, before he starts handling any hazardous substance, one or more insurance
policies providing for contracts of insurance. The objective of taking insurance is that
the compensation resulting from the possible future accident is guaranteed.

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The collector of the area has been empowered to verify the occurrence of any
accident at any place within his jurisdiction and also cause publicity to be given for
inviting applications from the victims for any compensation.

Apart from the insurance contract, the funding for the purpose of compensation is…
26.3 TWO-FOLD LIABILITY

The 'Polluter Pays Principle' exposes the polluter to two fold liability namely:

(i) Compensation to the victims of pollution; and

(ii) Ecological restoration

But despite its different impact on pollution, the doctrine of Polluter Pays Principle is
limited in the sense that it can be applied only at the remedial stage i.e. after the
pollution has already taken place. It means one may "pay and pollute".

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