Environmental Law in India aims to protect and preserve nature while balancing economic growth and sustainable development. This article provides a detailed overview of environmental laws, their evolution, key legislation, and landmark judicial decisions shaping India’s environmental jurisprudence.
1. Meaning and Definition of Environment and Pollution
A. Definition of Environment
The term “environment” includes all living and non-living elements such as air, water, land, flora, fauna, and the interrelationship between them.
Legal Definition:
- Under Section 2(a) of The Environment (Protection) Act, 1986, “environment” includes water, air, land, and their interrelationships with human beings, other living creatures, plants, and property.
B. Definition of Pollution
Pollution refers to the contamination of natural resources, making them harmful to living organisms.
Types of Pollution:
- Air Pollution – Emission of toxic gases from industries, vehicles, etc.
- Water Pollution – Contamination of water bodies due to industrial and domestic waste.
- Soil Pollution – Degradation of land due to chemicals, pesticides, and waste dumping.
- Noise Pollution – Harmful levels of sound from traffic, industries, and loudspeakers.
- Thermal & Radioactive Pollution – Heat and radiation emissions affecting the ecosystem.
Consequences of Pollution:
- Global warming, climate change, loss of biodiversity, health hazards, depletion of natural resources.
C. Ancient Indian Philosophy on Environmental Protection
- Vedas and Upanishads emphasized the conservation of natural elements as sacred entities.
- Manusmriti and Arthashastra prescribed strict penalties for harming nature.
- Kings and rulers followed environmental ethics in governance.
Example:
The Mauryan Emperor Ashoka promoted environmental conservation through planting trees, banning animal slaughter, and building water reservoirs.
2. Constitutional Provisions on Environmental Protection
A. Fundamental Rights & Duties
- Article 21 – Right to Life includes the right to a clean and healthy environment (Subhash Kumar v. State of Bihar, 1991).
- Article 48-A – The State must protect and improve the environment and safeguard forests and wildlife.
- Article 51-A(g) – It is a fundamental duty of every citizen to protect the environment.
B. Environment & Criminal Law
- Indian Penal Code (IPC):
- Section 268: Public nuisance (pollution cases).
- Section 277: Water pollution is punishable.
- Section 278: Air pollution is punishable.
- Code of Criminal Procedure (CrPC):
- Section 133: Magistrates can order the removal of public nuisances, including pollution.
C. Environmental Problems & Public Interest Litigations (PILs)
PILs have played a major role in environmental protection.
Landmark Case: M.C. Mehta v. Union of India (1986) – Ganga Pollution Case
Facts: Tanneries and industries polluted the Ganga River.
Court Decision: The Supreme Court ordered industries to install treatment plants or face closure.
3. Present Environmental Regulations and Acts
A. The Environment (Protection) Act, 1986
- Empowers the central government to take measures for environmental protection.
- Defines “environmental pollutants” and sets standards.
- Empowers authorities to close polluting industries.
Landmark Case: Vellore Citizens Welfare Forum v. Union of India (1996)
Facts: Tanneries in Tamil Nadu discharged toxic waste into water bodies.
Court Ruling: Introduced the Polluter Pays Principle and ordered compensation for pollution damage.
B. The Air (Prevention and Control of Pollution) Act, 1981
- Establishes pollution control boards at the central and state levels.
- Regulates industrial emissions and vehicular pollution.
Landmark Case: Murli S. Deora v. Union of India (2001)
Court Ruling: Banned smoking in public places to reduce air pollution.
C. The Water (Prevention and Control of Pollution) Act, 1974
- Establishes State & Central Pollution Control Boards (SPCBs & CPCB).
- Prohibits dumping harmful substances into water bodies.
Landmark Case: Indian Council for Enviro-Legal Action v. Union of India (1996)
Facts: Industries in Rajasthan polluted water sources.
Court Ruling: Applied the “Polluter Pays” principle and held industries liable for restoration.
D. The Forest Act, 1927
- Governs forest conservation, illegal deforestation, and wildlife protection.
- Requires government approval for using forest land for non-forest purposes.
Landmark Case: T.N. Godavarman Thirumulpad v. Union of India (1996)
Court Ruling: Expanded the definition of “forest” and imposed restrictions on deforestation.
4. Environmental Principles & National Green Tribunal (NGT)
A. Polluter Pays Principle
- Whoever pollutes must compensate for environmental damage.
- Recognized in Indian Council for Enviro-Legal Action v. Union of India (1996).
B. Precautionary Principle
- Prevention is better than cure in environmental matters.
- Applied in A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999).
C. Public Trust Doctrine
- Natural resources belong to the public, and the government is the trustee.
- Applied in M.C. Mehta v. Kamal Nath (1997) – Court stopped a private hotel from altering a river’s course.
D. Sustainable Development
- Balances economic growth with environmental protection.
- Applied in Narmada Bachao Andolan v. Union of India (2000).
E. National Green Tribunal (NGT) – Powers & Functions
- Established in 2010 to handle environmental disputes efficiently.
- Can impose penalties on polluters and direct government action.
Recent NGT Case: Vishnu Dev Sharma v. State of Uttar Pradesh (2022)
Ruling: Imposed heavy fines on industries polluting the Yamuna River.
Conclusion
India’s environmental law framework is robust, balancing development and conservation. Landmark cases have strengthened environmental jurisprudence, ensuring strict liability for polluters. However, effective implementation and public awareness are key to addressing challenges like pollution, deforestation, and climate change.