1

ENVIRONMENT LAW
HISTORICAL EVOLUTION
Of ENVIRONMENTAL LW







Submitted By:
Anirudh Arora
Roll No. 12
VI
th
Semester


2


S.No

TABLE OF CONTENTS

Pg No.
1. Acknowledgement 3
2. Environmental Law in India 4
3. The Beginning 10
4. Role of Economic and Social Council: 10
5. UN Conference on Human Environment: 10
6. Sustainable Development 10
7. Evolution of Environmental Legislation in India: 11
8. Noise is a silent killer. The Noise Pollution (Regulation and Control) Rules, 2000 15
9. The Bio-Medical Waste (Handling and Disposal) Rules, 1998 16
10. The MAB and Coastal Regulation Zone: 16
11. Each Biosphere reserve should consist of the following: 17
12. Status of Marine Biosphere Reserve in India: 18
13. The Constitutional Provisions: 20
14. Public Interest Litigation and Environment: 21
15. Role of judicial activism and environmental pollution 29
16. Status of Sustainable Development in India 32
17. Conclusion 35
18. Bibliography 37






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ACKNOWLEDGEMENT

I would like to thank my Environment law teacher Dr. Manjula Batra for
her constant support and guidance throughout the making of this
assignment. I would also like to thank my colleagues and friends for
their motivation and help.

















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EVOLUTION OF ENVIRONMENTAL LEGISLATION IN INDIA

Environmental Law in India
India has had a colourful history. With each phase of colonization, either by the
Aryans in one of the earliest civilisations of the world- The Harrappa and
Mohenjodaro civilization, to the occupation of the country by the Mughals from
Central Asia and finally the three hundred year old domination by England,
Environmental Laws have kept pace with each phase according to the
administrative desires of the occupants.

i.Ancient India
Indian philosophy of the Vedic period recognises five natural elements as
panchmahabhut for stavan, meaning worship. These five basic natural elements
are water, earth, food-grains, sun, air and sky. Since the Vedic period, Earth and
Rivers are worshipped as mothers
1
:
Mata Bhumi Putaro Aham Prithvaiya
Hinduism, regarded by many as Sanatan Dharam , or the Eternal Truth, contains
the one of the oldest scriptures of the world. The scriptures contain in them the
philosophy, theology and spiritual guidance for life which forms the religion for
over a billion people
2
.



1
Development and implementation of environmental law in India by Justice D. M. Dharmadhikari, Judge, Supreme
Court of India-
http://data.iucn.org/dbtw-wpd/html/EPLP-060/section7.html
2
Hinduism, The Environment and the Long Term Future by Judge Weeramantry-
http://www.asiantribune.com/index.php?q=node/6083
5

Ancient Hindu scriptures believed in establishing harmony amongst the
components on the earth. Natures as a whole, was an important component, and
the scriptures believed that the nature controlled man and not the other way
around. Thus for man to live peacefully, establishing a harmonic relationship with
the nature was essential.
Ancient Hindu texts have specific teaching on environmental issues
Do not cut trees, because they remove pollution. ( Rig Veda, 6:48:17)
Do not disturb the sky and do not pollute the atmosphere. ( Yajur Veda,5:43)
Destruction of forests is taken as destruction of the state, and reforestation an act
of rebuilding the state and advancing its welfare. Protection of animals is
considered a sacred duty. (Charak Sanhita)
Resources are given to mankind for their living. Knowledge (Isha) of using
them is necessary. -The first stanza of Isha Upanishad

In the Bhagvat Gita, Lord Krishna compares the world to a single large banyan tree
which has unlimited branches under which all species of animals, humans and life
live. Thus the scriptures have envisioned a bond not just between nature and man
but also animal life and vegetation. Another Hindu concept proposes the good of
the community over personal good. This concept falls under the aegis of Dharma,
and is called Sarva Bhuta Hita. Amongst other components, environmental
safeguarding takes high priority under this concept.
3


The Doctrine of Karma is another Hindu concept which speaks about the
consequences of ones action, weather good or bad. The consequences of ones
deed follow him through his life and the cycle does not stop at the end of the
current life cycle but continues in the next birth. Every action performed creates a

3
Hinduism, The Environment and the Long Term Future by Judge Weeramantry-
http://www.asiantribune.com/index.php?q=node/6083
6

chain of reactions. Polluting the environment is supposed to be bad Karma and
could lead to a cyclic reaction of unfavourable life consequences.
Kautilya, a law-maker of distinction in Ancient India, wrote about environmental
protection in the larger canvas of ethical administration. His greatest production,
Arthsastra has been the foundation of legal philosophy in India. He wrote
4
-
The punishment of one eight Panna should be awarded to those who throw dust on
the road. For muddy water one fourth Panna, if both are thrown then the
punishment has to be doubled. (Arthasasthra, 2.145)
In 256 BC India, the great King Ashoka (Piyadasi) of India, practicing Buddhism,
issued Seven Pillar edicts, one of which states:"Twenty-six years after my
coronation various animals were declared to be protected -- parrots, mainas, ruddy
geese, wild ducks, bats, queen ants, terrapins, boneless fish, fish, tortoises,
porcupines, squirrels, deer, bulls, wild asses, wild pigeons, domestic pigeons and
all four-footed creatures that are neither useful nor edible"
5
.
According to Buddhist scholar Ven. S. Dhammika, Ashoka is significant today
"With widespread disillusionment in prevailing ideologies and the search for a
political philosophy that goes beyond greed (capitalism), hatred (communism) and
delusion (dictatorships led by "infallible" leaders), Asoka's edicts may make a
meaningful contribution to the development of a more spiritually based political
system."
Gandhi, an environmentalist amongst many other things, drew inspiration from the
deep Hindu traditions of trusteeship. In Ishopanishad there is a verse saying that a
selfish man over-utilizing the resources of Nature to satisfy his own ever
increasing needs is thieves because using resources beyond ones needs would
result in the utilization of resources to which others have a right
6
. This influenced
Gandhi when he said the following- The countrys development has to be in
harmony with nature each member of a community has to live in communion
with nature. The earth has resources to meet everybodys needs, but not anybodys
greed. Man must voluntarily limit his wants. We must learn to live lives of

4
Ethical Perspective on Environmental Issues in India by George A. James
5
Environmental History Timeline- http://www.radford.edu/~wkovarik/envhist/1ancient.html Last Visited
6
Development and implementation of environmental law in India by Justice D. M. Dharmadhikari, Judge, Supreme
Court of India- http://data.iucn.org/dbtw-wpd/html/EPLP-060/section7.html
7

simplicity and austerity. Hindu philosophy saw Nature as a sustainer of humanity,
and harnessing it should be governed by principles of need and reverence. In
essence, nature was as an asset is to be held in a trust.

ii. Medieval India
Medieval India was marked by the emergence of the Islamic rule of the Mughals.
Known for their lavish architectural heritage, the Mughal took pride in building
great gardens, orchards, and parks throughout the length and breadth of the
country which were used as resorts or summer retreat houses. Islam sought
harmony between man and the nature. During this period people lived in such a
way as not to destablise the eco-system. The Mughals never codified any law
regarding the environment; they did make laws regarding hunting. The lack of laws
affected forest conservation though the Mughals were known to be deep lovers of
the environment
7
.

iii. British India
The British colonised India and for the next three hundred years and plundered the
natural resources in the country with profit motive being the mechanism behind the
exploitation. Though environmental laws were passed, they were myopic with
limited territorial reach. These laws did not have any teeth because the law which
existed to prosecute the exploiters was made by the exploiters themselves. In
essence, the British were the only entity which invested in the exploiting the
natural resources and the laws were made by them, thus environmental protection
took a backseat. Environmental laws mostly regulated forest, water pollution and
wildlife issues.
The greatest exploitation of any natural resource in India was the forests. Due to
the geographical diversity in India, forests provided many different types of timber.

7
An Appraisal Of Environmental Law: Birth Of The Right To Environment In India by Sangeetha Mugunthan-
http://www.legalserviceindia.com/articles/evn.htm
Development of Environmental Institutions and Laws in Pakistan by Mujahida Naureen-
http://www.nihcr.edu.pk/Latest_English_Journal/Development_of_Environmental_Institutions.pdf
8

The British slowly extended their domination over Indian natural resources in 1805
when they formed a commission to enquire into the availability of teak in the
forests of south India. The Conservator of Forest was appointed but the conserver
in turn plundered the forest and the post was abolished in 1823.
Removal of forest added land to the British territory and thus they were
systematically decimated. This land was to be used as agricultural land which in
turn led to huge revenues for the colonial power. Forests were also cleared to fuel
the demand of timber for the British Navy and the expansion of the railway
network in the country.
In 1855 Lord Dalhousie, the then Governor General of India, started the Indian
Forest Department which led to the annexation of large tracts of land under the
pretext of conservation of forests. These forests became protected and were staffed
by professionals. The Indian Forest Department did not have intentions to protect
the forests or give the royals a place to hunt, but it was established strictly for
income generation from selective exploitation of Indian forests and increasing the
clout of the imperial power with the symbolic alliance of environmental protection
under the increasingly powerful state administration.
8

Some of the important environmental legislations passed by the British were:
1. The Shore Nuisance (Bombay and Kolaba) Act, 1853
2. The Orient Gas Company Act, 1857
3. The Indian Fisheries Act, 1897
4. The Indian Ports Act, 1901
5. The Bengal Smoke Nuisance Act, 1905
6. The Explosives Act, 1908
7. The Indian Ports Act, 1908

8
An Appraisal Of Environmental Law: Birth Of The Right To Environment In India by Sangeetha Mugunthan-
http://www.legalserviceindia.com/articles/evn.htm
Environment Protection Laws in the British Era by Bharat Budholai-
http://www.legalserviceindia.com/articles/brenv.htm
9

8. The Bombay Smoke Nuisance Act, 1912
9. The Indian Steam Vessels Act, 1917
10. The Indian Forest Act, 1927

In the end, the British hardly helped save the environment of India, but they did
leave behind a text of environmental laws which had no teeth. After India achieved
independence, these laws were suitably amended and then put into greater force.
After the Stockholm Conference in 1972, environmental laws in India were
brought with greater enthusiasm and ably supported by the judiciary with landmark
judgments.

Post Independence

The Indian Constitution recognises the basic fundamental right of its citizens; the
right to a clean and healthy environment. Article 21 of the constitution insists that
no person shall be deprived of his/her life or personal liberty except according to
the procedure laid down by the law. The Supreme Court of India in the case of
Subhas v. State of Bihar
9
held that the right to environment is a fundamental right
of every citizen in India as included in the right to live. The ruling states that the
State has the responsibility to protect the environment as laid down under the
Article 51- A(g) of the Constitution of India. In this case the Supreme Court
underscores the fact that environmental rights indeed are human rights and they
constitute everything from civil, political, economic, and social rights of people
and communities in general and this link is inseperable.




9
(1991) 1 SCJ 564
10


The Beginning:

Role of Economic and Social Council:
It was with the initiative of Economic and Social Council UN conducted the
conference on Human Environment. The way the environment was getting
degraded it needed immediate attention from all most all the countries.

UN Conference on Human Environment:

The historical conference on Human Environment was held in Stockholm from 5th
June to 16th June 1972. It was the first global recognition that the environment was
endangered and the governments and the industry had to collectively put in an
effort to protect the environment. The Conference called upon Governments and
peoples to exert common efforts for the preservation and improvement of the
human environment, for the benefit of all the people and for their posterity. For the
first time the developed countries realized that they had completely ignored the
impact on the environment during their rapid development. Then UNEP (United
Nation Environment Programme) is formed. All most all the countries of the world
have undertaken to monitor the quality of air, water and other natural resources of
the world
10
. The United Nations General Assembly laid down as many as 26
principles in the Conference held at Stockholm in 1972.

Sustainable Development

The idea of sustainability came out of the 1972 UN Stockholm Conference on the
Human Environment, which was the first UN meeting that discussed the

10
www.unep.org
11

preservation and enhancement of the environment. It proclaimed that, "The
protection and improvement of the human environment is a major issue which
affects the well-being of peoples and economic development throughout the world;
it is the urgent desire of the peoples of the whole world and the duty of all
Governments."

The concept of sustainable use of earths resources is an ancient one. Without the
principles of sustainability as a way of life, humans would not have survived in the
twentieth century. The principle of sustainable development received impetus with
the adoption of Stockholm Declaration in 1972, World Conservation Union
(IUCN) with the advice and assistance of the United Nations Environment
Programme (UNEP), World Charter for Nature of 1982, Report of the World
Commission on Environment and Development under the chairmanship of Geo
Harlem Brundtland (Brundtland Report), Our Common Future of 1987, the
document Caring for the Earth : A strategy for the Sustainable Living developed by
the second world conservation project comprised of the representatives of the
IUCN, UNEP and the Worldwide Fund for Nature. The concept of sustainable
development is the foundation stone of the Montreal Protocol for the Protection of
Ozone Layer of 1987 and the instruments adopted at the UN Conference on
Environment and Development (World Summit) held at Rio in 1992.


Evolution of Environmental Legislation in India:

For any country the effective way of control pollution and degradation of resources
is to combine traditional laws, with modern legislation. A country should adopt
relevant environmental safeguards- designed to protect their limited resources. As
far as India is concerned, the Ministry of Environment and Forests is the nodal
agency at the Central level for planning, promoting and coordinating the
environmental programmes, apart from policy formulation. A number of
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enforcement agencies assist the Ministry of Environment and Forests, in executing
the assigned responsibilities.

It is known fact that in the economic development of any country industries play a
pivotal role. It is also an equally known fact that the industries are the major
contributors to the pollution of environment. In Indian the Central Pollution
Control Board monitors the industrial pollution prevention and control at the
central level, which is a statutory authority attached to the Ministry of Environment
and Forests. At the State level, the State Departments of Environment and State
Pollution Control Boards are the designated agencies to perform these functions.
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Though, the Wild Life (Protection Act), 1972 came into existence in the month of
September, after the UN General Assembly Conference on Human Environment in
June 1972, it is not in compliance with the principles laid down at the conference.
This Act was amended in 1991 and in 1996. The Rules came into being in 1995.
Under this Act every State has to constitute a Wild Life Advisory Board. Certain
areas are to be declared as sanctuaries and National Parks. This is Act is basically
for the protection of animals, plants and birds which live in forests. Hunting of the
wild animals is permitted only when such animals become dangerous to the human
beings or it becomes diseased beyond recovery. This is to be done with the
permission of wild life warden in writing. The same Act prohibits picking and
uprooting of specified plants and cultivation of some other specified plants.

One of the first legislations, after the UN Conference on Human Environment that
came into existence was Water (Prevention and Control of Pollution) Act, 1974
(No. 6 OF 1974). The objective of the Act was to provide for the prevention and
control of water pollution and the maintaining or restoring of wholesomeness of
water and establishing Boards for the Prevention and Control of Water Pollution
for carrying out these purposes and conferring on and assigning to such Boards
powers and functions relating thereto and for matters connected therewith. This

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http://greenbusinesscentre.com/environlegis.asp
13

Act was followed by the Water (Prevention and Control of Pollution) Cess Act,
1977 (No. 36 of 1977). The objective of this Act was to levy and collect cess on
water, which was consumed by persons carrying on certain industries and by local
authorities with a view to augment the resources of the Central Board and the State
Boards for the prevention and control of water pollution constituted under the
Water (Prevention and Control of Pollution) Act, 1974. This was further amended
in 2003 to expand the scope of industry to any operation process or treatment and
disposal system, which consumes water or gives rise to sewage effluent or trade
effluent and extending the provisions of the Act to all the industries. It was applied
to specified industries earlier. The amendment in the legislation clearly explains
the increase in the levels of water pollution and usage of water. Accordingly, the
Water (Prevention and Control of Pollution) Cess Rules, 1978 and The Water
(Prevention and Control of Pollution) Rules, 1975 and Central Board for the
Prevention and Control of Water Pollution (Procedure for Transaction of
Business) Rules, 1975 amended 1976 came into existence.

Followed suit was the Air (Prevention and Control of Pollution) Act, 1981 (No. 14
of 1981). The objective of the Act was to provide prevention, control and
abatement of air pollution. For carrying out this function, the Act further provided
the establishment of Boards and conferred powers related to the objectives of the
Act. This Act basically aimed at the industrial pollution and automobile pollution.
Without establishing separate Boards to carryout the functions envisaged in the
Act, the already established Boards under Water (Prevention & Control of
Pollution) Act, 1974 are conferred with the powers specified in this Act. The Air
(Prevention and Control of Pollution) Rules and the Air (Prevention and Control of
Pollution) (Union Territories) Rules came into existence in, 1982 and 1983
respectively.

Contrary to the public opinion, the well-known Environment (Protection) Act (No.
29 of 1986) came in to existence in 1986- after 14 years of Stockholm Conference
on Human Environment. A cursory analysis of its Preamble makes it obvious that
the objectives of the enactment are three fold. 1. Protection of the environment 2.
14

Improvement of environment 3. Prevention of hazards to a) human beings b) other
living creatures, c) plants and d) property.
12
This is an umbrella legislation, which
covers from Radio- Active Substances disposal to use of plastic bags. All the
notifications, rules and regulations dealing with the environmental protection are
the subsidiaries of this Act.

It relates to the protection and improvement of environment and the prevention of
hazards to human beings, other living creatures, plants and property. This Act
provided for coordination and planning of the nationwide programmes for the
prevention, control and abatement of environmental pollution, laid down standards
for the quality of environment, restricted certain areas to establish industries, laid
down procedures for the prevention of accidents in such industries and handling
hazardous substances. Above all the Act barred the jurisdiction of the Civil Courts
in respect of the actions done under the directions of the Central Government. This
Act was further amended in 1991. The Environment (Protection) Rules, 1986 came
into being for the first time in 1986 followed by First Amendment Rules, Second
Amendment Rules, Third Amendment Rules and


Fourth Amendment Rules in 1998, 1999, 2001,2002,2003,2004 and 2006.
Whenever, the rules were amended it was not without a good reason, such as
setting up standards for the industrial area or laying down standards for pulp and
paper industries, issuing guidelines for disposal of solid wastes, drilling cutting and
drilling fluids of shore and on shore for drilling operations, setting up standards for
boilers, using of agricultural waste as fuel and guidelines for the ginning mills etc.
As the human activity increased in scientific and technological fields the need to
amend the rules increased.


12
Law relating to Environmental Pollution and Protection: Dr. N. Maheswara Swamy p. 107
15

In 1989 Hazardous Waste (Management and Handling) Rules were framed, which
provided the list of hazardous chemicals.

The National Forest Policy, 1988 is an extension of 1952 policy. Large portion of
the forest land had been used for non-forest use. This affected the flora and fauna.
This had necessitated re-examining the forest policy for the maintenance of
environmental stability through preservation and restoration of ecological balance,
conservation of the remaining forest for the posterity, meeting the basic needs of
the rural and tribal people, maintaining the relation between forest and tribes. In
order to conserve the biological diversity, a network of sanctuaries, national parks,
biosphere reserves and other protected areas- necessary steps are to be taken.7

The Eco-mark Scheme of India: The environment is under threat from rapid
industrialization, unplanned urbanization and changing consumption patterns in the
race to achieve better living standards. The Eco-Labeling Scheme introduced in
1991 by Indian Government aims to increase the environmental awareness
amongst the citizens. With this scheme the Government aimed to encourage
citizens to purchase products, which are environmental friendly and intend to
improve the environment and encourage the sustainable management of resources.


Noise is a silent killer. The Noise Pollution (Regulation and Control) Rules, 2000

There is a difference between sound and noise. When the sound increases to an
unbearable level it becomes noise. The sources of noise are many. Industrial
activities, construction activities, generators, loud speakers, public address
systems, music systems, vehicles and most of the electronic gadgets which the man
created for his comfort and luxury are the various sources of noise. Noise not only
spoils the physical health but also affects the mental and psychological health. One
should regulate and control noise production so as to maintain the limits. The draft
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of Noise Pollution (Control and Regulation) Rules, 1999 was published under the
notification of the Government of India, inviting objection and suggestion from all
the persons likely to be affected thereby and they were received from the public in
respect of the said draft rules have been duly considered by the Central
Government. And it resulted into The Noise Pollution (Regulation and Control)
Rules, 2000.According to these rules the State Government shall categorize
industrial, commercial, and residential or silence zones and implement noise
standards. Use of loudspeakers, amplifiers, beats of drum and tom-tom are
prohibited except with the permission of the authorities.


The Bio-Medical Waste (Handling and Disposal) Rules, 1998

The services in the medical field are developed ten bound. Naturally the waste as a
bye product to medical industries is also increased by ten bounds. Nursing homes,
veterinary hospitals, pathology laboratories and blood banks generate biomedical
waste. With a view to control the indiscriminate disposal of hospital waste/bio
medical waste, the Ministry of Environment & Forest, Govt. of India has issued a
notification on Bio Medical Waste Management under the Environment
(Protection) Act. These rules deal with collection, reception, storage, treatment and
disposal of the bio medical waste. Of course, those hospitals, clinics, blood banks
which provide treatment to less than 1000 patients are exempted from these rules.
The occupiers of the above mentioned industries have to install facilities in their
respective premises to dispose of the waste created by them. The waste is to be
segregated at the point of generation itself into containers and bags to facilitate the
disposal.

The MAB and Coastal Regulation Zone:

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The Man and Biosphere (MAB) Programme of UNESCO was launched in 1971.
The aim of the programmes is to develop a base for rational use or conservation of
natural resources while improving the relationship between the man and
environment. The objective is very noble. This programme predicts the
consequence of the interventions from which we can asses the future affects of the
interventions which in turn will help man to manage his natural resources in a
judicious way. It also aims to fill the still significant gaps in the understanding of
the structure and function of ecosystems and of the impact of different types of
human intervention.
Man and Biosphere programmes are supervised by the International Coordinating
Council. In the year 1971 it organized the first session. The theme was
'conservation of natural areas and genetic material they contain'. The concept of the
Biosphere Reserve is introduced under this scheme, which was intended to be a
series of protected areas linked through a coordinated international network, which
would demonstrate the value of conservation and its relationship with
development. The concept which is very innovative in nature made it possible to
combine nature conservation with scientific research, environmental monitoring,
training, demonstrations, environmental education and local participation.

In the year 1976 the programme is initiated. Steadily, the network has grown. By
1984 it consisted of total of 269 in 74 countries. In this period, cooperation with
other international organizations involved with conservation and sustainable
development has been strengthened; particularly involved are the Food and
Agriculture Organization (FAO), the United Nations Environment Programme
(UNEP) and the International Union for Conservation of Nature and Natural
Resource (IUCN). The representatives play a role by meeting regularly to monitor
and coordinate the actions.

Each Biosphere reserve should consist of the following:

18

Nature or Core Zone: The name itself indicates the nature of the zone. In this zone
the interference of the human beings should be very minimal. When research,
educational and training programmes are conducted they should be less
manipulative.

Manipulative or Buffer Zone: Here the manipulations should be allowed but in
controlled way. Research may be conducted. Other activities such as timber
extraction, hunting, fishing and grazing carried in controlled manner.

Reclamation of Restoration Zone: This zone is meant for re-creation by man. There
are certain places where the ecology was good the biological process were carried
out in a natural way. But the human intervention spoiled the scenario. The rare
species might have extinct. This zone needs restoration and reclamation to its
natural stage.

Stable Cultural Zone: Man tends to interfere with the nature carry out the activities
which cause harm to the ecology. Here, the culture should be safeguarded. The
practices which are environmental friendly should be executed. To achieve the
purpose the cooperation of the local communities is very much needed. Local
residents and their activities should be strictly controlled.
In India the coast line is very lengthy which runs to 7860 km. The coastal line
consists of Malvan (Maharashtra), Okha (Gujarat), Mandapam (Tamil Nadu),
Gangetic Sundarbans (West Bengal) as well as Lakshadweep and Andaman group
of islands which are rich with regard to the marine flora and fauna. When we are
blessed with the natural resources, it is our duty to safeguard it and pass it on to our
posterity.


Status of Marine Biosphere Reserve in India:
19


In order to preserve and protect the unique and ecologically important plant and
animal species, attempts are being made to conserve some of the vulnerable areas
along the Indian coast line as Biosphere Reserve. The Indian National Man and
Biosphere Reserve Committee constituted a core committee in 1974 to identify
areas for Biosphere Reserves. As per the guidelines the committee identified
fourteen sites as potential Biosphere Reserves out of which five are Marine
Biosphere Reserves.
13


The Government of India proposed that no permanent constructions should be
undertaken within 500meters of the high-tide line in 1981. Till 1991 no action was
taken. Then a notification was issued in the form of Coastal Regulation Zone
Notification, 1991.

Coastal environment helps human in maintaining good health, it provides wealth
through its rich flora and fauna. This made man greedy and demographic pressures
on Coastal resources started increasing. An integrated and ecologically and socially
sustainable Coastal zone management system is necessary because one fourth of
Indias population lives in Coastal areas. Many large cities and urban habitations
are also near the seacoast.

To achieve this goal one must seek the power of partnership among all
stakeholders. The Kolleru lake experience shows that the economically and
socially underprivileged sections of the coastal communities and the ecological,
scenic and cultural security of coastal areas should become mutually reinforcing.
We cannot afford to forego our coastal area because the reclamation and
restoration is very difficult. All these decades the Government did not tap the
coastal line for economic purposes. But they are productive habits and are very
rich in biodiversity. India has a coastline of about 7,500 kms of which the

13
http://www.unesco.org/mab/mabProg.shtml
20

mainland accounts for 5,400 kms. Lakshadweep coasts extend to 132 kms and
Andaman & Nicobar Islands have a coastline of about 1,900 kms. Nearly 250
million people live within a distance of 50 kms from the coast. The coastal zone is
also endowed with a very wide range of coastal ecosystems like mangroves, coral
reefs, sea grasses, salt marshes, sand dunes, estuaries, lagoons, etc., which are
characterized by distinct biotic and abiotic processes.

The Notification which is issued in 1991 by the Government of India prohibits
certain activities. For example such as setting up of new industries and expansion
of existing industries are prohibited. Those industries which are directly related to
water front or directly needing offshore facilities are given exemption. But the
notification prohibits manufacturing, handling, storage, and disposal of hazardous
substances. It also prohibits the discharge of untreated wastes and effluents from
industries, cities, towns and other human settlements. The notification also
prohibits land reclamation, bunding, disturbing the natural course of sea water. The
coastal Regulation Zone notification categorized the coastal zone into four. CRZ -I
areas are those which are ecologically sensitive and is notified as no development
zone (NDZ). CRZ -II comprises such notified municipal areas which have already
been developed. Construction on the landward side is permitted. CRZ -III areas are
relatively undisturbed and do not belong to CRZ -I and CRZ-II. The 200 meter
zone from the HTL is the no development zone.
14
Till date the Government
issued as many as 50 notifications regarding the coastal zone management,
delegation of powers etc.


The Constitutional Provisions:

Article 14 of the Indian Constitution envisages that the State shall not deny to any
person equality before the law or the equal protection of the laws within the

14
Coastal Zone Regulation Notification, 2000
21

territory of India. This corroborates with the Principle 1 of UN conference on
Environment which observes that the man has the fundamental right to freedom,
equality and adequate conditions of life, in an environment of a 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. In this respect,
policies promoting or perpetuating apartheid, racial segregation, discrimination,
colonial and other forms of oppression and foreign domination stand condemned
and must be eliminated.
15


48A. Protection and improvement of environment and safeguarding of forests and
wild life. The State shall endeavour to protect and improve the environment and
to safeguard the forests and wild life of the country.

This amended article is in compliance with the principle 4 of the UN Conference,
which stressed upon the Principle 4 mans special responsibility to safeguard and
wisely manage the heritage of wildlife and its habitat, which are now gravely
imperiled by a combination of adverse factors. Nature conservation, including
wildlife, must therefore receive importance in planning for economic
development.
16


Article 51 A (g): to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures;

The Tribes of India believe that natural resources of the earth, including the air,
water, land, flora and fauna and natural ecosystems are the debt, which is to be
paid to the posterity. Hence they must be safeguarded for the benefit of present and
future generations through careful planning or management.


15
UN Conference on Human Environment held at Stockholm between5th -16th June, 1972.
16
Ibid
22

Public Interest Litigation and Environment:
The enactments are plenty and the rules associated with the Act are umpteen.
There have been initiatives from the legislature and the executive but it is the
Indian judiciary which has taken a lead in terms of the actual immediate effects in
the matters of the environment. Failure of the governmental agencies to implement
the laws made, prompted the NGO and Public to approach the Courts as a last
resort.

Though the credit for the evolution of environmental jurisprudence in India goes to
the Supreme Court, which cannot be denied by any chance, it was the 1997
Magsaysay Award Winner for Public Service, MC Mehta- who used PIL to protect
the environment in India very wisely. Others also had a share in this practice.

a) Andhra Pradesh Polluting Industries Case: Nakka Vagu was a fresh water
stream which provided fresh water for drinking and irrigation to the villagers living
in 14 villages adjacent to it. But the indiscriminately set up 250 industries which
did not fulfill the condition of setting up water treatment plants turned the stream
into a huge drain carrying industrial effluents. The Supreme Court directed that an
amount of 20 million should be paid to the farmers who had lost their crops and
cattle due to air and water pollution. The authorities are directed monitor setting up
of set up pollution control devices by the polluting industries.
17


b) Antop Hill case: At Antop Hill, in the heart of Mumbai (them Bombay) a
large-scale chemicals storage center for hazardous chemicals was proposed to be
set up. Nearly 1.5 million people living around the area will be staking their safety
by this proposal. A Public Interest Litigation was filed in the Supreme Court of
India against this. The Apex Court reacted positively and directed for the stoppage
of the industries and storing of such chemical in that particular area.
18


17
(1996) 6 SCC 26
18
W.P. 12179/1985
23

c) Aquaculture case: As already mentioned above the coastal belt of India
(especially the coastal states of Orissa, Andhra Pradesh and Tamil Nadu) is very
lengthy and rich in flora and fauna. Prawn farming by small farmers was done on a
small scale in the past. But once it has been commercialized by the big industrial
houses and multinationals the degradation started in every aspect. The methods
implemented by them were unscrupulous, unplanned and unscientific. These
practices destroyed the livelihood of the small farmers. Thousands of hectares of
fertile lands affected. Salinity in the ground water had increased which resulted in
the scarcity of drinking water. The neighbouring lands are affected and have
become totally useless for crops.


In this backdrop S. Jagannath a social worker and Gandhian filed a writ petition in
the Supreme Court praying for the protection of coastal ecology and lives and
livelihood of thousands of small farmers and fishermen. The Supreme Court of
India reacted positively and held that intensive prawn culture within 500 mtrs of
High Tide Line and within 1000 mtrs of Chilka Lake and Pulicat Lake should be
banned. An Authority under the Chairmanship of a retired Supreme Court Judge
was ordered to be constituted by the Central Govt. under Environment Protection
Act 1986 to implement the principles of 'Precautionary Principle' and the 'Polluter
Pays Principle' to assess the loss to ecology and recover the cost of eco-restoration
and amount of compensation from the polluters.
19


d) Brick Kiln Case: New Delhi Metropolitan authority drafter a Master Plan in
the year 1990. According to that plant Brick Kilns were categorized as H. The
Supreme Court of India directed them to close down their industries or alternatives
they can be shifted outside Delhi limits within three years of the master plan
coming into effect. Applications were filed by the brick kiln owners of Delhi for
modification of the order in which the applicants had been directed to surrender the
land without being paid any compensation. Their contention is that In the Master
Plan of 1990, brick kilns were not shown as a category H industry. But the Delhi

19
AIR 1988 SC 1037
24

pollution Control Committee in their report submitted to the Supreme Court on
1996 appraised the fact that 246 brick kilns are operating in NCT of Delhi. While
ordering closure and shifting of these industries in Delhi the Supreme Court in
their earlier judgment had directed that the use of the land which would become
available on account of shifting/relocation of brick kilns shall be permitted in terms
of the order of 10th May, 1996. It was also stated that that brick kilns shall be
given incentives and brick kiln should shift to fly ash technology. The Court in
their order held that with the closure of brick kilns or the change in use to fly ash
technology, the owners of the land in which they are situated would not be under
any obligation to surrender the land. To that extent the order of 26/11/96 got
modified. The Court also made it clear that this order will not apply to those brick
kilns owners who have availed this Court order dated 26/11/96 and have benefited
in the same in the matter of relocation.
20


e) Coastal areas case: As already been discussed in this article the Coastal
Zone Regulation Notification had come into existence in the year1991. In spite of
the notification no coastal States had formulated coastal zone management plan.
The result is haphazard constructions and industrial activities are permitted in these
areas. It lead to the large scale damage to coastal ecology and loss of livelihood to
lakhs of fishermen and other indigenous communities dependent on marine
resources. Indian Council for Enviro- Legal Action (ICELA) filed a Public Interest
Litigation for the protection of coastal zone according to the notification issued by
the Government of India. Supreme Court delivered a landmark Judgment banning
industrial/ construction activity within 500 mtrs of the High Tide Line and set a
time limit for the coastal states to formulate coastal management plans.
21


f) Delhi ridge case: To save the Delhi ridge from destruction an order from the
Supreme Court was obtained directing NCT of Delhi to declare it as 'Reserved
Forest'.
22


20
(2000 6 SCALE 315]
21
AIR 1987 SC 965
22
(1996) 8 SCC 462
25


g) Delhi sewage treatment plant case: New Delhi, the capital of India does not
have enough number of sewage treatment plants. There is no scarcity for the slums
and millings of poor live along the banks of River Yamuna, which is high polluted.
It is causing health hazards. The Supreme Court gave a time bound programme to
the Delhi Municipal Corporation for setting up of treatment plant in 16 different
localities in this case.
23


h) Environmental awareness and education case: The social workers, NGOs
and the public spirited lawyers in India are well aware of the facts that moving the
Supreme Court by way of Public Interest Litigation is not sufficient to abate the
environmental pollution. Prevention is better than cure. This can be achieved by
educating the general public. Their awareness can help in combating the problem
on a major scale. The Supreme Court of India directed that all over the country the
cinema theaters shall exhibit two slides free of cost on environment in each show
failing which their licenses will be cancelled. For televisions a minimum 5 to 7
minutes will be given by the television network in the country to televise
programmes on environment apart from giving a regular weekly programme on
environment. Environment has become a compulsory subject up to 12th standard
from academic session 1992 and University Grants Commission will also
introduce this subject in higher classes in different Universities.
24


i) Gamma Chamber Case: Against the hazardous radiation a PIL was filed in
the Apex Court. The Courts timely intervention saved the students and teachers of
Jawaharlal Nehru University (JNU) from the radiation of Gamma Chamber, New
Delhi.
25



23
WP No 13381/1984
24
W.P. 860/1991: Decided on 22nd November 1991
25
W.P. 4677/1985
26

j) Ganges Pollution Case: Hindu mythology and puranas speak very high
about the sanctity and purity of River Ganga. In practice is the most polluting river.
The river which passes through various states of India has thousands of polluting
industries on its bank. The Supreme Court of India reacting to the public interest
litigations has passed several judgments and a number of Orders against polluting
industries numbering more than fifty thousand in the Ganga basin. In this case,
apart from industries, more than 250 towns and cities have been ordered to put
sewage treatment plants. Six hundred tanneries operating in highly congested
residential area of Kolkata have been shifted out of the City and relocated in a
planned Leather Complex in the State of West Bengal. A large number of
industries were closed down by the order of the Supreme Court of India with a
rider that they can reopen their industries only after they set up effluent treatment
plants for control of pollution. As a result of these directions millions of people
have been saved from the effects of air and water pollution in Ganga basin
covering 8 states in India.
26


k) Ground Water Depletion Case: Scholars all over the world reiterate the fact
t it is not the water scarcity which is troubling the human beings. It is the lack of
water management which is the root cause of the water problem. Unsystematic and
unscientific tapping of groundwater all over the country had led to alarming fall in
the levels of groundwater. Ground Water Board prepared a date which showed a
near crisis situation developing in many areas of the country. Adding fuel to the
fire the industries started discharging the toxic effluents without treating them.
This further worsened the situation by contaminating the ground water which was
already facing the decline in ground water levels. Either the Central Pollution
Control Board or the State Pollution Control Boards were not in a position to either
assess the extent of ground water contamination or identify the sources of
contamination. The ground water board had no teeth or legal authority to take
action against offending parties. Once again the Supreme Court of India reacting
positively delivered a land mark judgment in this particular case. The judgment
provided teeth to the Ground Water Board by investing with legal powers under

26
AIR 1987 SC 1086
27

the Environment Protection Act 1986 to issue licenses and take action against
polluters even to the extent of closing down of offending industries.
27


l) Kamal Naths Case: The irony of this case is that a Public Interest Litigation
was filed against the family members of Kamal Nath, the Minister of Environment
and Forests, Govt. of India. The family members of the Minister own the Span
motel in the State of Himachal Pradesh. They diverted the Course of River Beas to
beautify the motel. Other than this they have encroached upon some forest land.
The Supreme Court of India had directed the owners of the Motel to hand over the
forest land to the Govt. of Himachal Pradesh and
further order the removal of all sorts of encroachment spending the money from
their own pocket. In this particular case the polluter pays principle was evolved.
The Court said that polluter must pay to reverse the damage caused by his act and
imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as exemplary
damages. The Supreme Court of India recognized two most important
environmental principles viz.,Polluter Pays Principle and Public Trust Doctrine.
28


m) Relocation Polluting Industries: In spite of the Master Plan of the
Metropolitan Authorities in New Delhi, thousands of industries have flourished.
All most all the industries are hazardous and polluting in nature and caused severe
health hazards to the general public of the city. In spite of the ban, these industries
continued to operate in Delhi in violation of the Master Plan and Environmental
laws. Public Interest Litigation was filed against all these industries. In the year
1996 the apex Court directed all the industries to be closed and in turn they can
relocate themselves in the neighbouring Gurgaon. More than 1300 major polluting
and hazardous industries were closed down in Delhi.
29

n) Taj Trapezium Case: In and around Agra, several industries were set up. The
Mathura Reinery, iron foundries, glass and other chemical industries are first and
foremost amongst them. Taj Mahal is known for its beauty and magnanimity all

27
W.P. 1996 decided on 17th September 2002
28
W.P. 182/1996 Decided on 15th March 2002
29
W.P. 4677/1985
28

over the world. The Government of India and State Government of Uttar Pradesh
earn crores of rupees each year though tourists from all over the world. This
heritage construction was also the victim of environmental pollution because of the
toxic emissions released from the above mentioned industries. Along with Taj
Mahal another 255 historic monuments within the Taj trapezium were also facing
serious threat because of acid rain. The Petition was filed in the year 1984. The
Supreme Court of India delivered a historic Judgment in December 1996. The apex
Court gave various directions including banning the use of coal and coke and
directing the industries to switch over to Compressed Natural Gas (CNG).
30


o) Vehicular Pollution Case: Banks are luring youngsters with less interest
loans for the vehicles. Indian roads are not meant for so many numbers of vehicles.
A Committee headed by a Supreme Court judge, along with three more members
recommended various measures for the nationwide control of vehicular pollution.
Thus alternatives for petrol came into existence. Especially in Delhi natural gas
and other fuels have been in use after the Committees Report. After 1995 in all
most all the metros lead petrol use had come into existence. To supply Compressed
Natural Gas CNG outlets are established. As a capital of this vast country Delhi
had to set up an example and as a result of this case, Delhi became the first city in
the world whose public transport runs only by Compressed Natural Gas.
31


The list of cases mentioned in this paper is only illustrative of the judicial activism
in the field of environmental jurisprudence by the Supreme Court of India. This is
not an exhaustive list.

As far as MC Mehta is concerned every Friday a courtroom has been set aside just
to adjudicate Mehta's cases. In He had been working to ban intensive shrimp
farming and other damaging activities along the coastal line. Mehta has succeeded
in getting new environmental policies initiated and has brought environmental

30
AIR 1997 SC 734
31
W.P. 13029/1985: Decided on 14th November, 1990
29

protection into India's constitutional framework. He has almost single-handedly
obtained about 40 landmark judgments and numerous orders from the Supreme
Court against polluters, a record that may be unequaled by any other environmental
lawyer in the world.
32


Not only had those cases contended by Mr. Mehta, Supreme Court decided several
other cases such as Center for Social Justice [Janvikas] V. Union Of India
33
, R.A.
Goel v. Union of India and Others
34
, Narmada Bachao Andolan v. Union of India
& Others
35
, All India Mobile Zoo Owners and Animal Welfare Association v.
Union of India
36
, Comdr. Sureshwar D.Sinha and Ors v. Union of India
37
, C.
Kenchappa and Ors v. State of Karnataka
38
, M/s Chandmari Tea Co. and another v.
State of Assam
39
, D.K. Joshi v. Chief Secretary, State of UP
40
, Suo Motu v. Vatva
Industries Association Ahmedabad
41
and there are umpteen number of cases the
Apex had decided and has been deciding in the interest of the public. In India, the
credit of evolution of environmental justice goes to the Supreme Court of India and
the public-spirited lawyers.

ROLE OF JUDICIAL ACTIVISM AND ENVIRONMENTAL
POLLUTION

Judicial activism is a novel strategy of the court being used through the social
action to prevent and control environmental pollution. Any public spirited person
can start social action in a court of law. The leading case in the field of

32
www.goldmanprize.org
33
Spl. C. A, GJLR Vol. XLI (3) 2000, 1997
34
AIR 2000 P&H 320
35
(2000) Law Reports of India SC 319
36
AIR 2000 Delhi 449
37
(2000) 6 SCALE 146
38
AIR 2000 SC 2579
39
AIR 2000 Gauhati 13
40
AIR 2000 SC 324
41
AIR SC 384
30

environment decide by the Supreme court under the impact of judicial activism is
Municipal Council, Ratlam v. Vardichand
42
. The apex court in this case identified
the responsibilities of local bodies towards the protection of environment. The
facts in this case were that the residents within Ratlam municipality were suffering
for a long time from pungent smell from open drains. The odour caused by the
public excretion in slums and liquid flowing on the street from distilleries force the
people to approach the magistrate under section 133 of Cr. P.C. for a remedy.
Following a direction from the magistrate to remove the drain, a six months time
bound programme had to be adopted for constructing drainage and public latrines.
The defendants challenged this order pleading financial constraints. Supreme court
after thorough examination held that statutory bodies should not defy their public
duties by urging in self defence, a self created bankruptcy of perverted expenditure
budget. The plea of financial inability has no place where the municipalities have
mandatory duty to protect the people from environmental hazards. Krishna Iyer, J.,
observed:
...providing drainage systems- not pompous and attractive, but in working
conditions are sufficient to meet the needs of the people- cannot be evaded if the
municipality is to justify its existence.
In M.C. Mehta v. Union of India
43
popularly known as Taj Trapezium
case petitioner urged that the foundaries, chemical/ hazardous industries
and refinery of Mathura are major sources likely to damage the Taj. The
Mathura refinery emit a huge amount of Sulphur dioxide which when
combined with oxygen in the presence of moisture in the atmosphere
becomes sulphuric acid which falls on the earth in form of rain known as

42
AIR 1980 SC 1622
43
AIR 1997 SC 734
31

acid rain. Acid rain can degrade the marble surface. The impact of
refinery emission, brick-kiln, vehicular traffic, etc, has polluted the area
around Taj Trapezium. The petitioner contended that the white marble
has become yellowish and at places it has blackened and hence he made
request to the court to issue an order to prevent air pollution and save taj.


After examining the reports of experts the Court came to the conclusion that the
emission generated by the Coke/coal consuming industries are air pollutants and
have damaging effect on the taj and the people living in the Taj Trapezium.
Accordingly the court held that 292 industries located and operating in Agra
must change over within time schedule to natural gas as industrial fuel or stop
functioning with coal/coke and get relocated. The industries going to be shifted
shall be given incentives according to Agra Master Plan and also the incentives
normally extended to new industrial units.
In M.C. Mehta v. Union of India
44
popularly known as Ganga Pollution (tanneries)
case. In this case the Supreme Court in no uncertain terms observed:
we are conscious that closure of tanneries may bring unemployment, loss of
revenue but life, health and ecology have greater importance to the people.
Even before this case the Andhra Pradesh High Court in T. Damodar Rao v. The
Special Officer, Municipal corporation of Hyderabad
45
expressed similar views,
which is the correct approach as to the relationship between the fundamental right

44
AIR 1988 SC 1037
45
AIR 1987 AP 171
32

to life as guaranteed under Article 21 and the right to unpolluted environment. The
observed:
...the slow poisoning by the polluted atmosphere caused by environmental
pollution and spoliation should also be regarded as amounting to violation of
Article 21 of the Constitution.


In Vellore Citizens Welfare forum v. Union of India
46
also known as T.N.
tanneries case, the tanneries were found discharging intricated effluent into
agricultural fields, road slides, water ways and open land. Ultimately discharged in
the river the main source of water supply to residents of area. In such a situation
the Court issued the directions for maintaining the standards stipulated by the by
the Pollution Control Board. The Court further directed the High Court of the State
to constitute Special Bench Green Bench to deal with the case and other
environmental matters.
STATUS OF SUSTAINABLE DEVELOPMENT IN INDIA
Indian Judiciary has demonstrated exemplary activism to implement the mandate
of sustainable development. In the past, Indian Courts did not refer expressly to
sustainable development but implicitly gave effect to it. In Rural Litigation and
Entitlement Kendra, Dehradun v. State of UP
47
, the SC was faced with the
problem of the mining activities in the limestone quarries in Dehradun-Mussoorie
area. This was the first case of its kind in the country involving issues related to
environment and ecological balance and brought into sharp focus, the conflict

46
AIR 1987 SC 2115
47
Writ Petitions Nos. 8209 and 8821 of 1983
33

between development and conservation. In this case, SC emphasised the need for
reconciling development and conservation in the largest interest of the country.
This exercise was done by the Himanchal Pradesh HC in Kinkri Devi v. State
48

and also in General Public of Spoon Valley v. State.
In Vellore Citizen Welfare Forum v. UOI
49
, it was found that a number of tanneries
in Tamil Nadu discharged untreated effluents into agricultural fields, roadsides,
water-ways and open lands. The untreated effluents were finally discharged into
river which was the main source of water supply to the residents. The SC held that
the concept of Sustainable Development was accepted as a part of the customary
international law to strike a balance between ecology and development. It was
further held that the precautionary principle and the polluter pays principle
constituted essential features of sustainable development. Justice Kuldip Singh
referred to the environmental principles of the international environmental law and
stated that the precautionary principle, polluter pays principle and the special
concept of onus of proof have merged and governs the law of our country, As is
clear from Articles 47, 48A and 51A(g) of the constitution and that in fact various
environmental statutes incorporate these concepts impliedly. In view of the
constitutional and statutory provisions, the SC held that the precautionary
principle and the polluter pays principle are a part of the Indian Environmental
Law.
Moreover, SC also directed the Central Government to establish an authority under
Section 3(3) of the Environment Protection Act 1986. The authority so established
shall implement the precautionary principle and the polluter pays principle.
HonBle Justice also criticized the in action of the Central Government to establish

48
AIR 1988 HP 4
49
(1996) 5 SCC 647
34

such and authority and also observed that an authority headed by a retired judge of
the High Court and an expert in the field of environmental protection must be
constituted. Since then, Government has issued notifications for the establishment
of an authority and for environment impact assessment.
In A.P. Pollution Control Board v. MY Nayadu
50
, the SC affirmed that the
precautionary principle and the polluter pays principle are a part of the Indian
Environmental Law. This case involves the grant of consent by the pollution board
for setting up an industry by the respondent company for the manufacturing of
hydrogenated castor oil. The categorization of the industry in the red, orange and
green was made and the respondent industry was included in the red category. The
company applied for seeking clearance to set up the unit under Section 25 of the
Water (Prevention Control of Pollution) Act. The board rejected the application for
the consent on the ground that the unit was a polluting unit and would result in the
discharge of solid waste containing nickel, a heavy metal and also hazardous waste
under Hazardous Waste (Management and Handling) Rules 1989. The respondent
company appealed under Section 28 of the Water (Prevention Control of Pollution)
Act. The appellate Authority decided that the respondent industry was not a
polluting industry and directed the Board to give its consent for establishment of
the respondent industry on such conditions as the board may deem fit. In writ
petition filed in the HC, the division bench directed the Board to grant consent
subjected to such condition as might be imposed by the board. It was against the
said judgement that the Pollution Control Board filled various appeals in SC. The
SC discussed the evolution of the principle precautionary principle and explained
its meaning in detail.

50
( 1999(2) SCC 718)
35

The SC expressed approval of the Vellore judgement and treated precautionary
principle as a part of Indian Environmental Law.
The above quoted judgements have significant impact on the specialised
environmental legislations in India. The judgements are a pointer for Pollution
Control Board to grant consent for setting up industrial units on the basis of the
precautionary principle.

Conclusion
Environment is cradle of life. It is a basic human need and a finite life support
system. To protect this, one needs a stringent enforcement system meant for its
conservation, sanitation and supply. Environmental laws are meant to set standards
for what people and institutions must do to control or prevent environmental
pollution. After enactment it becomes the job of the central and state governments
to make sure that those who are subject to these environmental protection laws
know what they must do to comply. The primary role of the central and state
Pollution Control Boards is the enforcement of the Environmental Protection Act
(EPA) and its constituent statutory framework.
With our population, extreme climate, vulnerable ecology, compliance ratio of
monitored industries being less than 50%, and the economy resting heavily on
extinguishable natural resources, sustainability is the next big challenge for the
country. The new tomorrow which India hopes to see with its economic flashlights
requires an intense debate about environmental viability. In this scenario the
environmental agenda is immense. In a country like India where dichotomy exists
in everyday life, pollution and environment hazards chiefly emanate from poverty
related risks and growth related risks. Wide ranging changes from institutional
36

re-organisation to paradigm shift amongst the people and finally turning the
lopsided industrial approach to the environment are required at this point of time.
This change will require determination, consensus, commitment, planning, and
effective execution of will and national programs. Consultation with the public,
regulated community and the various wings of the government will become vital.
Though consistent results are desirable, patience in this regard is vital. India has
risen to such national challenges before and has tremendous potential to do so now.
What is required is the faith of the people as there is a serious breakdown in trust
on the government machinery and constructive dialogue.
51












51
India Strengthening Institutions for Sustainable Growth: Country Environmental Analysis (South Asia
Environment and Social Development Unit, South Asia Region) by the World Bank, and the Ministry of
Environment and Forests (MoEF), the Ministry of Power, the Ministry of Industry, and the Ministry of Shipping,
Road Transport and Highways, the Government of India, 2006-
http://siteresources.worldbank.org/INDIAEXTN/Resources/295583-1176163782791/complete.pdf

37





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