Environmental Law

Nidhi Jain
Introduction
• The protection of the environment is a global issue and it is not an
isolated problem of any area or nation
• The problem of environmental pollution in an increasingly small
world concerns all countries irrespective of their size, level of
development, or ideology
• Today, society’s interaction with nature is so extensive that the
question of the environment has assumed proportions affecting all
humanity
• Industrialization, urbanization, population explosion, poverty, over-
exploitation of resources, and depletion of traditional resources of
energy and raw materials are some of the factors that have
contributed to environmental deterioration the world over
Concept, Meaning and Definition of
Environment
• The term ‘environment’ generally refers to ‘natural surrounding’, that
is, it covers the physical surroundings that are common to all living
beings and include air-space, water, land, plant, wildlife and flora-
fauna etc.
Origin
• The term 'Environment' is formulated from the word 'Environ'
derived from the French word 'Environner', which means "to
surround" or “to encircle“.
• Dictionary Meaning: The dictionary meaning of the word
'Environment' is two told.
External conditions or surroundings especially those in which
people live and work.
In an Ecological sense it means the external surroundings in which
a plant or animal lines influence its development and behavior.
Etymological Meaning
• The word "Environment' in its etymological sense gives the meaning "
surroundings, especially the material and spiritual influences which
affect the growth, development and existence of a living being, it
means ' the circumstances or conditions that surround or organism or
group organism,' or the complex of social or cultural condition that
affect an individual or community." Thus, in the context of human
beings, the environment is the sum of all social, economic, biological,
physical, or chemical factors that constitute the surroundings of man,
who is both creator and molder of his environment.
Definition of Environment
• According to Black’s dictionary: “Environment in its widest sense
includes an aggregation of all those economic, social cultural and
natural conditions and facts with influence human life and living
organisms”.
• According to the Encyclopedia Britannica: “The expression
‘environment’ connotes 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.“
• Sir E.J. Ross: has also defined the environment as an aggregate of all
those external conditions and effects that regulate the life and
development of organisms.
Definitions
• According to M.J. Herkovits: “Environment refers to the total of
external conditions which surround man in a given inter-relationship
which exists among them and human beings, other living creatures,
plants, micro-organisms, and property.
• According to Alan Gilpin: “From a scientific point of view environment
is taken to mean everything that is physically external to the
organism; organism includes human beings”.
• Justice P.N. Bhagwati: observed that “the term refers to condition
within and around an organism, which affect the behavior, growth
and development or life process, directly or indirectly. it includes the
condition with which the organism interacts”
The Environment (protection) Act, 1986
• According to section 2(a) of the Act, "Environment includes water, air
and Land and the inter-relationship, which exists among and between
water, air and land and human beings, other Living creatures, plants,
micro-organism, and property."
• The above definitions make it clear that the environment is the total
of all external conditions and influences on the development cycle of
biotic elements on the earth’s surface. It is a polycentric and multi-
faceted phenomenon affecting human existence and one can
understand it better in relation to the eco-system, ecology, and
biosphere
Basic Components of Environment
The basic components of the environment consist of plants, animals
including human beings. These components may broadly be placed into
two categories.
• Abiotic components: These consist of the following:
• Climatic elements including sun, energy, temperature, air, light,
humidity, rain, etc.
• Isographic elements such as huge mountains, slopes, etc.
• Water-resource elements which include sea, lakes, ponds, rivers,
underground water, etc.
• Soil elements.
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• Mine, rocks, and underground minerals.
• Geographical elements which include trans-regional parts of the
earth, shores, deserts, mountainous region, forest-land, etc.
• Biotic components: Biotic elements consist of living beings, trees,
plants, micro-organisms, birds, flora-fauna, etc.
• Environment is a very complex Phenomenon. To understand the
concept of environment, it is necessary to know about ecology,
ecosystem, and biosphere.
Environmental laws
• It deals with the protection of the environment and seeks to control
and prevent the environmental pollution and for this purpose it
constitutes environmental authorities, provides them with powers,
and lays down functions, duties and liabilities.
• Environmental Law can be explained as a legal framework comprising
principles, directives, policies, and regulations founded by different
local, national, or international units. Its purpose is to safeguard and
maintain the environment, verifying its appropriateness for both
present and future generations.
Definition
• According to Black’s Law Dictionary: Environmental law is defined
as, “A collective body of rules and regulations, orders and statutes,
constraints and allowances that are all concerned with the maintenance
and protection of the natural environment of a country”.
What constitutes the environment?
• The word "environment" discovers its origins in the French term
'environner,' indicating "to encircle." It encompasses all the surroundings
where humans live. These surroundings cover both the entirety of the
natural world and the human-made terrain. The natural environment
comprises elements like air, water, lakes, trees, and mountains, while the
human-made environment consists of developments such as buildings,
roads, parks, bridges, monuments, gardens, and more.
• As per Section 2(a) of Environment Protection Act, 1986 environment
includes Water, Air & Land and the inter-relationship which exists
among and between Water, Air and Land & Human Beings, other Living
Creatures, Plants, Micro Organisms & Property”.
Environmental Pollution
• The term 'pollution' emerges from the Latin word "Polluere," denoting
the act of polluting any aspect of the environment. Environmental
pollution takes place when any component is unveiled into the
environment, humiliating its property to a point where it becomes
inappropriate for human habitation. Various forms of environmental
pollution involve air pollution, water pollution, noise pollution, and
more.
• As per Section 2(c) of the Environment (Protection) Act, 1986,
“environmental pollution means the presence in the environment of
any environmental harmful agent”.
Development of Environmental Law in
India
• The development of Environmental Law in India can be classified into two
distinct phases:
• Development prior to 1972 - During this period, India mainly depended on
an amalgamation of tort laws, criminal laws, regulations related to water and
forests, and specialized legislation to look into environmental protection
matters. It can be noticed that there was comparatively restricted
advancement in Indian Environmental Law during this generation.
• Development after-1972 - This phase aligned with the outcome of the
Stockholm Conference and marked a significant development in the field of
International Environmental Law. The Stockholm Conference carried global
awareness of environmental protection concerns, and India was no exception
to this developing awareness.