ENVIRONMENTAL LAW

MODULE-I
Meaning and definition of Environment:

The term environment has been derived from a French word “Environia” means to surround. It refers
to both abiotic (physical or non-living) and biotic (living) environment. The word environment means
surroundings, in which organisms live. Ordinarily environment refers to the materials and forces that
surrounds the living organism.

1. According to P. Gisbert “Environment is anything immediately surrounding an object and exerting

a direct influence on it.”

2. According to E. J. Ross “Environment is an external force which influences us.”

3. According to Einstein “Environment is everything that isn’t me.”

As per Section 2(a) of Environment Protection Act, 1986, “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-organisms and property.”

The issue of environment is very big in terms of the size of problems faced and the solution required;
global warming, the destruction of ozone layer, acid rain, deforestation, overpopulation and toxic
wastes are all global issues which require an appropriately global response. The ignorance of natural
science has greatly impaired society’s ability to solve the growing number of environmental problems.
Hence, citizens must try to become better informed about basic environmental science.

Components of Environment, Biosphere and ecosystem:

For the convenience, the natural environment can be classified into two divisions: 1. the physical
environment which includes non-living things, such as, land, air and water; and 2. the biological
environment which includes all life forms including plant, animal, and other living organisms.

The physical environment can be further classified into three basic states of physical matter: solid,
liquid and gas. This division creates four spheres that compose natural environment. They are:
 1. Lithosphere (Litho=Rock)
2. Hydrosphere (Hydro= Water)
3. Atmosphere (Atmos= vapor)
4. Biosphere (Bio=life)

The biological environment is called biosphere. The biosphere is that part of the earth in which life
exists. Biosphere or ecosphere may be thought of as a biochemical system capable of capturing,
converting, storing, and utilizing the energy of the sun. Thus the earth is unique in having life bearing
layer which is popularly called the biosphere.

The biosphere has a variety of organisms, which are broadly classified into plants, animals and
microbes. More than 10 lakhs animal species and 3 lakhs plant species are known to exist. Though the
biosphere is relatively thin layer, it has great significance for life. The organisms in the biosphere
provide various food and also raw materials which provide clothing and shelter and other needs. Our
existence and survival on earth depends on biosphere. Therefore, it is very important to understand
interrelationships between organisms in the biosphere and also links between physical environment
and biosphere.

Plants, animals and other organisms together with the physical environment with which they interact
constitute the ecological system or ecosystem. The term “eco” is derived from the Greek word
oikos, which means home. The ecosystem consists of both living/biotic and non/abiotic components.

The Abiotic components include the Sun rays, Hydrogen, Carbon, Nitrogen, Oxygen, Sulphur,
Phosphorus and other elements and various meals are essential for existence of life. The organic
compounds like Proteins, Carbohydrates and other biological compounds, which are presented in the
biomass and released to the environment. Climate includes Light, Heat, and Temperature, Wind,
Humidity, Rainfall, Snow fall etc. and their daily and seasonal fluctuations. The soil includes its
composition, structure and properties.

Biotic components include all living organisms present in the environment system and from nutrition
point of view it is divided into two classes –

(i) Autotrophic components: The autotrophic components include all green plants which fix the
radiant energy of sun and prepare food from inorganic substances. They produce their own food from
the physical environment. They are also called producers. For example green plants are primary
producers as they produce organic matter utilizing sun’s radiant energy

(ii) Heterotrophic components: The heterotrophic components include non-green plants and all
animals which take food from autotrophy. These are the consumers as they depend on other
organisms for food. An organism feeds on only plants called herbivore (Ex: Rabbit). A consumer that
feeds on only animal called carnivore (Ex: Lion). A consumer that eat both plants and animals are
omnivore (Ex: Human being). A fourth group of consumers feeds on dead or decomposed tissues of
plants and animals. They are called decomposers or detritus feeders (Ex: Bacteria, fungi).

The two major ecosystems are aquatic (live in water) and terrestrial ecosystems (live on land). Plants
occur in distinct groups of communities in areas having similar climatic conditions. These are called
biomes. They form large part of ecosystem occupying part of the earth like the grasslands, tropical
forests etc.

Types of Environment, Types of pollution and cause & effect of pollution:

There are two different types of environment:

 Geographical Environment

 Man-made Environment

Geographical Environment: It consists of all components provided by nature and hence can be
called as the natural environment. It is also referred to as the physical environment as it pertains to
the physical requirements of life. These physical or geographic conditions are not dependent on the
existence of humans. Sometimes, humans have no control over the physical conditions of the
environment.

It includes natural resources, the earth’s surface, mountains, plains, land, water, deserts, storms,
cyclones, volcanoes, oceans, climatic factors, and so on. It is also used to refer to biological situations
such as complexities associated with plants and animals. The sustainability of the natural resources is
known to contribute towards the economy of a country.

Man-Made Environment: This environment is used to refer to the one created by man in order to
regulate and monitor certain environmental conditions. Some address it as a social-cultural
environment. It can further be divided into two types of environments.
  Inner Environment

 Outer Environment

Inner Environment:

It is a social environment and it exists as long as a particular society exists. It pertains to the regulations,
traditions, organizations and institutions. It involves customs and folkways which is existent in every
human group.

Outer Environment: Through advancement in the field of science and technology, humans have
attempted to alter conditions of their physical environment. This outer environment is as a result of
these modifications which includes modern infrastructure in cities, our homes and their associated
amenities, our modes of communication and transport, our resorts to conveniences and luxury,
different kinds of industry manufacturing luxurious commodities, electrical appliances and so on
which ultimately aims at civilization and urbanization.

Pollution generally takes place when pollutants pollute the natural surroundings, and it can bring
about changes that affect our everyday lifestyles unfavorably. Hazardous waste, toxic chemicals,
suspended particles are affecting both humans and animals on daily basis. Following are main types of
environmental pollution that we must be careful:

1. Air Pollution: Air Pollution is another main environmental pollution faced by our world today.
Air pollution takes place when damaging stuff including particulates and biological molecules are
dumped into Earth’s atmosphere. In general, air pollution is the pollution of air by smoke and
dangerous gases, chiefly oxides of carbon, sulfur, and nitrogen. Exhausting fumes from vehicles,
natural gas, the burning of fossil fuels, Radiation spills or nuclear accidents, destructive off-gassing
from things such as paint, plastic production, and so on can cause air pollution. Greenhouse effect,
global warming are well known issues

2. Water Pollution: One of the most common types of environmental pollution is water pollution.
Generally, water pollution is the contagion of any body of water including lakes, groundwater, sea,
oceans, etc. A few examples of water pollution include raw sewage and waste water running into
the lake or streams; Industrial waste drips polluting groundwater, the illicit putting of stuff or items
within bodies of water, etc.
3. Land Pollution (soil pollution): Soil Pollution is severe environmental pollution that our world
is facing now. Soil pollution takes place when the existence of toxic chemicals, pollutants or
impurities in the soil is in high. It presents a high risk to plants, wildlife, humans and indeed, the
soil itself. The surplus, escalating the use of chemicals such as pesticides, herbicides, insecticides,
and fertilizers is one of the main features causing soil pollution.

4. Noise Pollution: Noise pollution has become more of an environmental issue since the industrial
age. It is disturbing or extreme noise that can harm the activity or balance of human as well as
animal life. The cause of most outdoor noise globally is primarily originated from machines and
transportation systems, motor vehicles engines, factory machine sounds. Noise pollution can cause
tinnitus, hearing loss, sleep disturbances, hypertension, high-stress levels, and other destructive
effects on humans. It causes uneasiness and damage to living being’s mental and physical health.

Causes: The factors which contribute to environmental pollution exist in plenty. While air pollution
is attributed to burning of fossil fuels, water pollution is associated with drainage of waste. Similarly,
noise pollution is caused when the level of noise crosses certain decibels, and soil pollution or land
pollution is caused as a result of contamination of soil due to the introduction of chemicals in the
same. The use of chemical fertilizers and pesticides on agricultural land results in contamination of
soil. These chemicals stay in the soil for a long time and eventually come in contact with our body
through the food that we consume, which is grown in the polluted soil. While thermal pollution is
attributed to its use as coolant by power plants and industries, radiation pollution is attributed to
accidents involving radioactive substances as a result of human error.

Effects: There is no doubt about the fact that humans play a major role when it comes to pollution,
but it seems like we are not aware of the fact that we ourselves are not safe from the hazardous effects
of the same. Pollution can trigger a number of environmental hazards, including global warming,
depletion of the ozone layer, increase in ultraviolet radiations, acid rain, etc. Water pollution, on the
other hand, is resulting in habitat destruction for a number of species which inhabit various water
bodies. While some species have already been driven to extinction (the Pink Dolphin for instance),
others are battling for their survival. Other than agricultural crops, soil contamination is affecting a
number of plant species growing on the planet. The fact that we are dependent on plants and animals
for a large number of our daily needs only implies that our existence on the planet is dependent on
their existence.
Importance, Nature and scope of Environmental Law and Law as a tool for Environment
Protection:

Scope: Environmental Law is a body of law, which is a system of complex and interlocking statutes,
common law, treaties, conventions, regulations and policies which seek to protect the natural
environment which may be affected, impacted or endangered by human activities. Some
environmental laws regulate the quantity and nature of impacts of human activities: for example,
setting allowable levels of pollution or requiring permits for potentially harmful activities. Other
environmental laws are preventive in nature and seek to assess the possible impacts before the human
activities can occur. Environmental law as a distinct system arose in the 1960s in the major industrial
economies. It is fast becoming an important and specialized branch of law. In recent years,
environmental law has become seen as a critical means of promoting sustainable development.

Importance: The main function of the environmental law is the protection of human health as well
as the environment. Some practices might interfere with the safety of human health and environment,
and the work of the law is to protect people in such instances. For instance, the use of harmful
pesticides is one of the areas where the environmental law is concerned about. The role of the
environment is to make sure that the practices used in the environment do not cause harm to the
environment, human or animal health. Some of the functions of this law are:

1. Govern industries and production

2. Environment and human health
3. Proper waste management
4. Punishments/compensations

Need: The environmental challenges facing individuals, communities, private companies and
governments throughout the world are numerous and complex. Most governments, companies and
civil society organizations now recognize that environmental issues are intertwined with social, cultural
and economic issues.

Promoting economic growth with environmental, human health and cultural safeguards in place seems
to be the path forward for most governments, but decades of environmental mismanagement have
created severe legacy issues in most countries.
Two huge challenges are determining how to clean up legacy problems, restore natural resources, and
achieve human health protection and health ecosystems; and designing strategies to enable future
growth while protecting the environment, maintaining biodiversity, safeguarding human health, and
preserving cultural and social values. This results in a very complex set of decisions for government
at all levels, and a regulatory framework that is supportive, facilitating and enabling is essential.

A very summarized list of global environmental issues includes:

 air and water pollution

 climate change
 deforestation
 depletion of non-renewable energy sources
 environmental impacts of reservoirs and water abstraction
 impacts of mining
 invasive species
 land and soil degradation
 Ozone depletion
Therefore, need arises to protect the environment by proper legislation as it create rules for all these
problems.
Human Population and its impact on Environment: The rapid increase of human population is
putting an incredible strain on our environment. While developed countries continue to pollute the
environment and deplete its resources, developing countries are under increasing pressure to compete
economically and their industrial advancements are damaging as well. The demands that this growth
places on our global environment are threatening the future of sustainable life on earth. One of the
largest environmental effects of human population growth is the problem of global warming. Many
parts of the world also suffer from a shortage of food and water. The growth of population puts larger
demands on our already limited resources. The environment on earth is suffering from the growth of
global population. The depletion of resources and biodiversity, the production of waste, and the
destroying of natural habitat are serious problems that must be addressed in order to ensure that life
on earth will be sustainable throughout the next century.

More population means more space to construct houses and availability of more consumer goods. It
also requires more means of transport, more consumption of fossil fuels and more pollution of air,
land and water. Thus growth of population leads to pollution of air, land and water. Different types
of pollutions are causing a number of problems in the physical environment that are further affecting
the biological environment seriously.

MODULE-II

History and Development of International Environmental Law:

The evolution of International Environmental Law happened in mainly three phases:

1. the ‘traditional era’ until about 1970

2. the formative ‘modern era’ from Stockholm to the 1992 United Nations Conference on
Environment and Development (UNCED)
3. the ‘post-modern era’ from UNCED

Fundamental principles of International Environmental Law:

1. Principle of Preventive action: The pollution prevention principle should be differentiated from
the duty to avoid environmental harm. Under this new rule, a state may be under the obligation
to prevent damage within its own jurisdiction." Therefore, the discharge of toxic substances in
such quantities or concentrations which exceed the capacity of the environment's degradation
capacity, must be halted in order to ensure that serious or irreversible damage. To ensure this
principle, states have established authorization procedures, commitments to environmental
standards, ways to access information, the use of penalties, and the need to carry out
environmental impact 'assessments." For example, environmental impact assessments have been
incorporated as a decision-making instrument by international organizations as well as in many
conventions.
2. The duty to compensate for harm: States are responsible to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other states or areas beyond
the limits of their national jurisdiction. Injuries result from violations of this generally accepted
rule. Any state responsible for a violation of international law has to stop the wrongful conduct
and re-establish the condition that existed prior to the wrongful conduct. If it is impossible to re-
establish the pre-existing condition, the state should provide compensation.
3. Principle of Common and differentiated Responsibility: The protection of the environment
is a common challenge to all countries. Due to different development paths and the need to share
in the responsibility for ecological degradation, some countries may be asked to carry more of the
burden of conservation. The idea is that states should comply with international obligations for
the conservation of the environment on the basis of equity and in accordance with their common
but differentiated responsibilities and respective capacities. This principle was acknowledged in
the Rio Declaration at principles four and seven. This principle includes two constituent elements.
The first is the common responsibility of states for the protection of the environment. This
signifies that states should participate in the world effort for conservation. The second element is
the elucidation of the different circumstances of states.
4. Principle of Sustainable Development: The principle of sustainable development was defined
by the 1987 Brundtland Report' as a development that meets the needs (in particular the essential
needs of the world's poor) of the present without compromising the ability of future generations
to meet their own needs. It imposes the idea of limitations on the environment's capacity to meet
present and futures needs. Sustainable development prompts that the primary focus of
environmental protection efforts is to improve the human condition.
5. Intergenerational Equity: Intergenerational equity is each generation's responsibility to leave an
inheritance of wealth no less than what they themselves have inherited. The present generation
holds the natural resources in trust for future generations." Early" and recent' treaties have referred
to this principle.
6. Integration of environment and development: In order to achieve sustainable development,
environmental protection shall constitute an integral part of the development process and cannot
be considered in isolation from it. Therefore, when implementing environmental obligations,
economic and social development should be taken into consideration, and vice versa.

Aims, Objective, declaration and impact in Stockholm declaration:

The U.N. Conference on the human environment held at Stockholm from June 5 to June 16, 1972
may rightly be reckoned as the first major attempt to solve the global problems of conservation and
regulation of human environment by international agreement on a universal level. It mobilized and
concentrated the attention of the international cooperation for environment conservation. In the
conference 113 states were participated, including India and accepted the declaration.
It was also proclaimed in the conference that since in the developing countries, most of the
environmental problems are caused by under development; the developing countries must direct their
efforts to development, bearing in mind their priorities and the need to safeguard and improve the
environment. For the same purpose, the industrialized countries should make efforts to reduce gap
between themselves and developing countries.

The conference further proclaimed that, defending and improving the human environment for present
and future generations has become an imperative goal for mankind, a goal to be pursued together
with, and in harmony with, the established and fundamental goals of peace and of world-wide
economic and social development. The object of the Stockholm declaration was to pass our mother
earth to the coming generations in clean and healthy conditions.

The Stockholm declaration had laid down 26 principles to be followed by the States for the
preservation and improvement of human environment. Some of them are:

1. Man has the fundamental right to freedom, equality and adequate conditions of life, in
environment of 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.
2. The natural resources of the earth including the air, water, land, flora and fauna and especially
representative samples of natural ecosystems must be safeguarded for the present and future
generations through careful planning or management as appropriate.
3. The heritage of wild life and its habitat should be safeguarded.
4. States shall take all possible steps to prevent pollution of the seas by substances which are liable
to create hazards to human health, to harm living resources and marine life, to damage amenities
or to interfere with other legitimate uses of the sea.
5. State should adopt an integrated and coordinated approach to their development planning.
6. Education in environmental matter is essential and mass media should help in this.

The Stockholm declaration also drafted the action plan for human environment and its development,
which required

a) The global environmental assessment programme known as ‘earth watch’.

b) Environmental management activities; and
c) International measures to support the national actions of assessment and management.
RIO declaration of United Nations Conference on Human Environment, 1972:
It is an international conference on Environment held in Rio de Janeiro (Capital of Brazil) on 3rd
June, 1992, wherein more than 150 Governments participated. This was the largest UN Conference
ever held. UNCED’s mission was put the world on a path of sustainable development which aims at
meeting the needs of the present with compromising the ability of future generations to meet their
own needs. The Rio declaration on Environment and Development contains 27 principles. Some of
them are:

1. Human beings are at the centre of concerns for sustainable development. They are entitled to
healthy and productive life in harmony with nature.
2. Duty on the states that while exploiting their own resources pursuant to their own environmental
and developmental policies; it is their responsibility to ensure that their activities do not cause
damage to the environment of other states.
3. The right to development must be fulfilled so as to equitably meet development and
environmental needs of present and future generations.
4. Eradication of poverty is an indispensable requirement for sustainable development and all states
and all people are required to cooperate in this essential task.
5. Recognition is given to the fact that environmental issues are best handled with the participation
of all concerned citizens, at the relevant level.
6. States should reduce and eliminate unsustainable patterns of production and consumption.

Agenda 21:- Agenda 21 is a dynamic programme. It was adopted at UNCED as voluntary action
plan. It is known as Agenda 21 because it is intended to provide an agenda for local, national, regional,
and global action into the 21st century. Agenda 21 is a very comprehensive document which outlines
the basis for action, objectives, activities and means of implementation. It is divided into following
four sections.

Section 1: Social Economic Dimensions – This section includes recommended actions for sustainable
development, co-operation, poverty, consumption, demographics, health, human settlements and
integration of environment and development in decision making.

Section 2: Conservation and Management of resources for Development- This section is concerned
with the protection of the atmosphere, integrated approach to the planning and management of land
resources, combating, deforestation, managing fragile ecosystems, promoting sustainable agriculture
and rural development, conservation of biological diversity, environmentally sound management of
solid water and sewage-related issues, and safe and environmentally sound management of radioactive
wastes.

Section 3: Strengthening the Role of Major Groups – This section includes global action for women
towards sustainable development, children and youth in sustainable development, recognizing and
strengthening the role of non-governmental organizations for sustainable development, local
authorities’ initiatives in support of agenda 21, strengthening the role of business and industry,
scientific and technical community, and strengthening the role of farmers.

Section 4: Means of Implementation – This section is concerned with financial resources and
mechanisms, transfer environmentally sound technology, cooperation and capacity building, science
for sustainable development, promoting education, public awareness and training, national
mechanisms and international cooperation for capacity building, international institutional
arrangements, international legal instruments and mechanisms, and information for decision making.

Brundtland Report, 1987:

The concept of “Sustainable Development” was brought into common use by World Commission on
Environment and Development (the Brundtland Commission) in its 1987 Report over Common
Future. Sustainable development is development that meets the needs of the present without
compromising the ability of the future generations to meet their own needs. According to the
Brundtland Report, it contains two key concepts:

i) The concept of needs, in particular the essential needs of the world’s poor, to which overriding
priority should be given.
ii) The idea of limitations imposed by the State of Technology and Social organization on the
Environment’s ability to meet present and future needs.

Brundtland Report emphasizes that sustainable development means an integration of economic and
ecology in decision-making at all levels.

Convention on Biological Diversity, 1992: The United Nations Convention on Biological

Diversity (CBD) provides a regulatory framework for the conservation of biological resources at the
international level. It has the distinction of being the first multilateral instrument that considers the
potential dangers posed by Living Modified Organisms to biodiversity preservation. It has three main
objectives:

 To conserve biological diversity

 To use its components in a sustainable way
 To share fairly and equitably the benefits arising from the use of genetic resources.
Unlike other international agreements that set compulsory targets and obligations, the CBD takes a
flexible approach to implementation. It identifies general goals and policies, and countries are free to
determine how they want to implement them.
One of the CBD's greatest achievements so far has been to generate an enormous amount of interest
in biodiversity, both in developed and developing countries. Biodiversity is now seen as a critically
important environment and development issue.

The Johannesburg Declaration:

Module-III

History of Indian Environmental Law:

The history of environmental law in India can be observed in four periods. They are the Ancient,
Medieval, British and Post-Independence periods.

Ancient Period: In the Hindu forests, wildlife, trees were held to be in high esteem and given high
respect. A detailed description of trees, plants and wildlife and their importance to people was given
in Vedas, Puranas and Upanishads.

In Rig Veda has mentioned in some of its principles on nature in observing the climate, the increase
in fertility and the improvement of human life dwelling on the connection with nature. The Atharva
Veda considered trees as sacred groves of many gods and goddesses. The Yajur Veda affirmed that
humans should not dominate nature and animals but they should learn how to live with connection
by mutual respect and kindness towards them. The Hindu society was aware of the consequences of
deforestation and hunting of animals would lead to effect in the environment.
We could observe even during the Civilization of Mohenjo Daro Harappa, the Hindus who were a
small population protected the environment by maintaining harmony with the environment.

Medieval Period: The Medieval Period marked the rule of the Moghul Empire which played a
significant role in the conservation of the environment. During the rule of the Moghuls many majestic
gardens, fruit orchards and green parks were placed round the palaces, central and provincial
headquarters, public places and on river banks and valleys. Besides the administrative officers of the
empire the Mohtasib were empowered with the duty of prevention of pollution. The Mughal Empire
was observed as great nature lovers but they did not do much to conserve the forest.

The forest was treated as a source of income or useful resources for the empire. The freedom to use
the forest’s natural resources did not mean that they could be used or misused by one and all without
any restraints. Rather the resources were quite effectively managed with the help of complex range of
rules and regulations woven around the socio cultural and economic activities of the local
communities.

British Raj: The start of the British Rule in India started with the exploitation of the natural
resources. There was no thought on the conservancy of forest. The British used the Indian forest
resources to the extreme. The reason was for the demanding increase of military, British Navy, local
construction and for export trade, etc. In the year 1806 the British tried to control the forest by
appointing a commission to look into whether teak wood were available in the Malabar and
Travancore for conserving them but failed as wealth for the British was considered more important.

The British Government enacted the Forest Act, 1865 to have a monopoly right over the forest. The
act empowered the forest administration by reserving forest close to people and imposes penalties for
those who did not abide by the provisions of the Act.

Post-Independence: The post-independence era witnessed a great deal of changes within the
policies and attitudes of the Governments with relevancy environmental protection. The Constitution
of India came into force on twenty sixth Jan 1950, had few provisions relating to environmental
management.

Article 39(b) provides that “it is the duty of the state to secure the possession and management of the
fabric resources of the community are therefore distributed as best to sub serve the common good”.
Article 47 provides that “the State shall regard the rising of the extent of nutrition and also the
commonplace of living of its individuals and also the improvement of public health as among its
primary duties.”

Article 48 directs that “the State shall endeavor to prepare agriculture and husbandry on fashionable
and scientific lines and take steps for protective and up the breeds and prohibiting the slaughter of
cows and calves and alternative sustenance and draught cows.”

Article 49 directs that “it shall be the duty of the State to safeguard each monument or places or object
of inventive or historic interest, declared to be of national importance, from spoliation, disfigurement,
destruction, removal, and disposal or export because the case could be”.

The amendment has brought in Article 48A which directs the State that “it is the duty of the State to
safeguard and improve the forests and wild of the country”. In 1980, The Tiwari Committee was
shaped beneath the berth of Deputy Chairman of the look Commission man. N.D. Tiwari. The report
of this committee prompt variety of body and legal measures for environmental protection.

Environment- IPC and Crpc:

Environmental crime refers to the violation of laws intended to protect the environment and human
health. These laws govern air and water quality and dictate the ways in which the disposal of waste
and hazardous materials can legally take place. Individuals or corporations can be found guilty of
environmental crimes.

Indian Penal Code, 1860: Public Nuisance under the Indian Penal Code focuses on the
operation of the law of nuisance through specific statutory provisions in the Civil and Criminal Codes
of India. The Indian penal Code of 1860 contains elaborate provisions defining the crime of public
nuisance in its various aspects and instances and prescribes punishments. Chapter XIV of the Indian
Penal Code deals with offences affecting public health, safety, convenience, decency and morals. While
Section 268 defines Public Nuisance, there are two specific sections dealing with the fouling of water
(Section 277) and making the atmosphere noxious to health (section 278) which could be used against
perpetrators of water and air pollution.

The above two provisions have direct relevance to environmental protection as they seek to prevent
water and air pollution through a penal strategy. However, their effective application towards
achieving this objective is doubtful, because the technicalities of Indian criminal law require a complete
satisfaction of the ingredients of the offence as stipulates in the penal provisions.
Code of Criminal Procedure, 1973: The Indian Criminal Procedure Code of 1973 has a
significant chapter on maintenance of public order and tranquility, which falls into four parts. Part A
deals with unlawful assemblies (Section 129-132), Part B with public nuisance (Sections 133-143), Part
C with urgent cases of nuisance or apprehended danger (Section 144), and part D with disputes as to
immovable property (Sections 145- 148). Most relevant in our present context is Section 133, which
has been resorted to as an effective remedy to abate public nuisance in instances of environmental
harm. This provision empowers a District Magistrate to pas conditional orders for the removal of
nuisances. This section is supplemented with ancillary provisions, contained in Sections 134 to 143 of
the Code, to constitute a comprehensive procedure tackling public nuisance.

Section 144 of the Code has to be seen as a significant provision conferring wide powers upon the
Magistrate to deal with urgent cases of nuisance or apprehended danger and tranquility. The processes
that are envisaged under S. 133 of the CrPC have a social justice component. The remedies available,
and the powers exercisable, under the provision are conducive to the demands of the rule of law
necessitated by the conditions of developing countries.

EXTRAS
Overview on Public Insurance Liability Act, 1991:
The Public Liability Insurance Act 1991, provides for mandatory Public Liability Insurance. Under
the Act, companies need to take for installing, handling any hazardous substance notified under the
Environment Protection Act. The growth of hazardous industries, processes and operations in India
has been accompanied by growing risks of accidents, not only to the workmen of such undertakings,
but also members of the public in the vicinity.

Therefore, under Public Liability Insurance Act 1991, every owner, before starting to handle any
hazardous substance, have to take out one or more policies covering liabilities for providing immediate
relief on a specified scale to any person suffering injury or damage to property, in the event of death,
to the legal heirs of the deceased.

The Public Liability Insurance Act, 1991, has been enacted for providing immediate relief to the
persons affected by accidents, occurring while handling any hazardous substance and for other
incidental and connected matters.
Application for Relief:

Under the Public Liability Insurance Act an application for relief made by the applicant to the
Collector within 5 years of the accident, after giving notice to the owner and the insurer and giving
the parties an opportunity of being heard, shall make the award determining the amount of relief
payable. The victim will however be free to approach the Court for higher compensation.

Establishment of Relief Fund: Section 7A of the Public Liability Insurance Act, empowers the
Central Government to establish Environment Relief Fund, by notification in the official Gazette,
towards the utility of paying relief under an award made by the collector under Section 7 of this Act.

Power to give directions: Section 12, of the Public Liability Insurance Act 1991 empowers the
Central Government to issue directions in writing to any owner, officer, or agency. The directions also
include the prohibition or regulation of handling hazardous substances. Moreover, it also can control
the supply or stoppage of electricity.

Offences and Penalties: The Public Liability Insurance Act 1991 provides for the penalties of non-
compliance: Non-compliance of not taking an insurance policy. Furthermore, failure to comply with
any direction issued with regard to prohibition or regulation of the handling of any hazardous
substance or stoppage of supply of electricity, water etc.

Punishable with an imprisonment for a minimum period of one year and six months but which may
extend to six years, or with fine, which shall not be less than one lakh rupees or with both. For
subsequent offences, the person shall be punishable with the minimum imprisonment of two years.
However, it can extend to seven years, with fine of not less than 1 lakh rupees.

Overview on National Green Tribunal:

It is a specialised body set up under the National Green Tribunal Act (2010) for effective and
expeditious disposal of cases relating to environmental protection and conservation of forests and
other natural resources. With the establishment of the NGT, India became the third country in the
world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the
first developing country to do so. NGT is mandated to make disposal of applications or appeals finally
within 6 months of filing of the same. The NGT has five places of sittings, New Delhi is the Principal
place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.
Structure of NGT:

 The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members. They
shall hold office for term of five years and are not eligible for reappointment.

 The Chairperson is appointed by the Central Government in consultation with Chief Justice of
India (CJI).

 A Selection Committee shall be formed by central government to appoint the Judicial Members
and Expert Members.

 There are to be least 10 and maximum 20 full time judicial members and Expert Members in the
tribunal.

Powers & Jurisdiction:

1. The Tribunal has jurisdiction over all civil cases involving substantial question relating to
environment (including enforcement of any legal right relating to environment).
2. Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of
an application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal).
3. The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908,
but shall be guided by principles of 'natural justice'.
4. While passing any order/decision/ award, it shall apply the principles of sustainable development,
the precautionary principle and the polluter pays principle.
5. NGT by an order, can provide relief and compensation to the victims of pollution and other
environmental damage (including accident occurring while handling any hazardous substance), for
restitution of property damaged, and for restitution of the environment for such area or areas, as
the Tribunal may think fit.
6. An order/decision/award of Tribunal is executable as a decree of a civil court.
7. The NGT Act also provides a procedure for a penalty for non-compliance:
 Imprisonment for a term which may extend to three years,
 Fine which may extend to ten crore rupees, and
 Both fine and imprisonment.