In this article, I won’t be mentioning the cliché slogans “Save Trees Save Life” and “Save Save Trees Save Earth” because I assume the readers of this article already know about the importance of trees and environment for the survival of both humans as well as animals. Environment, ecosystem and natural habitat being one of my favourites, I would like to bring before you all the necessary information regarding the Indian environment, environmental legislations, role of judiciary in conserving the environment, how has environment changed drastically in the past few years, some case laws, the impact of climate change and much more.
Environment of India
The environment of India comprises some of world’s most biodiverse flora and fauna. The most popular as well as major tourist attractions belong from all the four corners of the country. The Northern India has Jammu and Kashmir which is regarded as “Duniya ka Swarg” and if we move towards the western side, the Rann of Kutch has its own aura to make us fall for it. If we move down to the south, the beaches and coconut trees make us hungry for the sun and finally if we move to Eastern India, the mountains like Kanchanjunga hold attraction for a selected type of tourists. The climate of all these four portions of India is completely different. India accounts only for 2.4% of the World’s land area but contributes nearly 7-8% of the World’s recorded species with 45,000 species of plants and nearly 91,000 species of animals.
Need of Environmental laws:
In the Indian Constitution it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.
The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989.
As the years progressed, the Indian population also started growing threefold and this eventually resulted in the demand of land, water and other natural resources and as a result, the ill-use as well as wastage of such resources was on the cards. So, to protect and conserve the environment of India, various environmental legislations were brought into force relating to environment, wildlife, air, water as well as land and minerals. A separate Tribunal for environment was also established to deal with environmental matters as per the National Green Tribunal Act.
Following is a list of the environmental legislations that have come into effect:
1986 - The Environment (Protection) Act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.
1986 - The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.
1989 - The objective of Hazardous Waste (Management and Handling) Rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste.
1989 - The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities.
1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and microorganisms.
1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance.
1995 - The National Environmental Tribunal Act has been created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances.
1997 - The National Environment Appellate Authority Act has been created to hear appeals with respect to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to certain safeguards under the EPA.
1998 - The Biomedical waste (Management and Handling) Rules is a legal binding on the health care institutions to streamline the process of proper handling of hospital waste such as segregation, disposal, collection, and treatment.
1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also the aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects.
2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 apply to every municipal authority responsible for the collection, segregation, storage, transportation, processing, and disposal of municipal solid wastes.
2000 - The Ozone Depleting Substances (Regulation and Control) Rules have been laid down for the regulation of production and consumption of ozone depleting substances. 2001 - The Batteries (Management and Handling) Rules, 2001 rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale, purchase, and use of batteries or components so as to regulate and ensure the environmentally safe disposal of used batteries.
2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay down such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to 12:00 midnight) on or during any cultural or religious festive occasion
2002 - The Biological Diversity Act is an act to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge associated with it
1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce’.
1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forests that sustain them.
1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection of and the conservation of the forests.
1882 - The Easement Act allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property.
1897 - The Indian Fisheries Act establishes two sets of penal offences whereby the government can sue any person who uses dynamite or other explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in order to kill.
1956 - The River Boards Act enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-state cooperation.
1970 - The Merchant Shipping Act aims to deal with waste arising from ships along the coastal areas within a specified radius.
1974 - The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies. The CPCB (Central Pollution Control Board) was constituted under this act.
1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or fees on water consuming industries and local authorities.
1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix.
1991 - The Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries.
1948 – The Factories Act and Amendment in 1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its
environmental focus and expanded its application to hazardous processes.
1981 - The Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the CPCB .
1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted to them.
1982 - The Atomic Energy Act deals with the radioactive waste.
1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution control boards to meet with grave emergencies of air pollution.
1988 - The Motor Vehicles Act states that all hazardous waste is to be properly packaged, labelled, and transported.
SOME IMPORTANT CASE LAWS:
Public Liability and Public Nuisance:-
Ø “M.C. Mehta and Anr. Etc vs. Union Of India and Ors.” discusses the concept of Public Liability. This case is also known as Oleum Leakage Case. It is a landmark judgment in which the principle of Absolute Liability was laid down by the Supreme Court of India. The Court held that the permission for carrying out any hazardous industry very close to the human habitation could not be given and the industry was relocated.
Ø The instant case evolved the “Deep Pocket Principle”. This judgment guided the Parliament to add a new chapter to the Factory Act, 1948. The Public Liability Act was passed and the policy for the Abatement of Pollution Control was also established.
Ø When the Directive Principles of State Policy has clear statutory expressions then the Court will not allow Municipal Government to make fun of the Statutes by sitting idly. It was decided by the Supreme Court in the “Municipal Corporation, Ratlam vs. Vardhichand AIR 1980 SC 1622”. The plea of lack of fund will be poor alibi when people in misery cry for justice. The office in charge and even the elected representatives will have to face a penalty if they violate the constitutional and other statutory directives.
Sustainable Development
Ø The Bench of Justices PN Bhagwati and Ranganath Mishra in “Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh AIR 1987 SC 2187” introduced the concept of “Sustainable Development”.An NGO named RLEK filed a case against limestone quarrying in the valley in 1987.
Ø It was stated that the permanent assets of mankind are not to be exhausted in one generation. The natural resources should be used with requisite attention and care so that ecology and environment may not be affected in any serious way.
Environmental Impact Assessment
Ø Justice Jeevan Reddy in the landmark judgment of “Indian Council for Enviro-Legal Action vs. Union of India AIR 1999 SC 1502” held that the financial costs of preventing or remedying damage caused by pollution should lie with the undertakings which cause the pollution by adopting the “Polluter Pays Principle”.
Ø The Court set a time limit for the coastal states to formulate coastal management plans and banned industrial or construction activity within 500 metres of the High Tide Line.
Water Pollution
Ø The writ petition filed by the activist advocate M.C. Mehta in the Supreme Court highlighted the pollution of the Ganga river by the hazardous industries located on its banks. Justice ES Venkataramiah gave a historic judgement in “M.C. Mehta vs. Union of India AIR 1988 SCR (2) 538” ordering the closure of a number of polluting tanneries near Kanpur.
Ø In this judgment it was observed that just like an industry which cannot pay minimum wages to its workers cannot be allowed to exist, a tannery which cannot setup a primary treatment plant cannot be permitted to continue to be in existence.
Animal Welfare
Ø The Hon’ble Supreme Court in prohibited Jallikattu and other animal races and fights. It was observed that the Bulls cannot be performing animals in the case of “Animal Welfare Board of India vs. A. Nagaraj and Ors. (2014) 7 SCC 547”.
Ø The court alluded to the section 3 and section 11 of the Prevention of Cruelty to Animals Act, 1960 and declared that animal fights incited by humans are illegal, even those carried out under the guise of tradition and culture. The Court listed various recommendations and overhauled the penalties and punishment in the Prevention of Cruelty to Animals Act, 1960 to function effectively.
Air Pollution
Ø The pride of India and one of the wonders of the world i.e., Taj Mahal, was facing threat due to high toxic emissions from Mathura Refineries, Iron Foundries, Glass and other chemical industries. The acid rain was a serious threat to the Taj Mahal an 255 other historic monuments within the Taj Trapezium.
Ø The Apex Court in “M.C. Mehta vs. Union of India (Taj Trapezium Case) AIR 1987” delivered its historic judgment in 1996 giving various directions including banning the use of coal and cake and directing the industries to Compressed Natural Gas (CNG).
Environmental Awareness and Education Case
Ø The Supreme Court in “M.C. Mehta vs. Union of India WP 860/1991” ordered the Cinema theatres all over the country to exhibit two slides free of cost on environment in each show. Their licenses will be cancelled if they fail to do so. The Television network in the country will give 5 to 7 minutes to televise programmes on environment apart from giving a regular weekly programme on environment.
Ø 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.
Wildlife and Forest Protection Case
Ø The livelihood of forest dwellers in the Nilgiri region of Tamil Nadu was affected by the destruction of forests. The Supreme Court in “TN Godavarman Thirumulpad vs. Union of India and Ors.” passed a series of directions since 1995, till the final judgment in 2014.
Ø The Apex Court decided to set up a Compensatory Afforestation Funds Management and Planning Authority (CAMPA) to monitor the afforestation efforts, to oversee th compensation who suffered on account of deforestation, and to accelerate activities for preservation of natural forests.
Ø A writ petition was filed by the Tarun Bharat Sangh in the Supreme Court to stop mining activities in the Sariska Wildlife Sanctuary. The Court in the case of “The Tarun Bharat Sangh vs. Union of India and Ors. (1991)” banned all the mining activities in the Sanctuary.
Public Trust and Right to Life
Ø The Bench of Justices Kuldip Singh and Sagir Ahmed held that the Government violated the Doctrine of Public Trust in “M.C. Mehta vs. Kamal Nath and Ors. (1996)”. The Himachal Pradesh State Government had leased out a protected forest area on the bank of river Beas to motels, for commercial purposes.
Ø In 1996, the Supreme Court passed a judgment that would hold the State more responsible for maintaining natural resources.
Ø The Right to Pollution Free Environment was declared to be a part of Right to Life under Article 21 of the Constitution of India in the case of “Subhash Kumar vs. State of Bihar and Ors. (1991)”. Right to Life is a Fundamental Right which includes the Right of enjoyment of pollution free water and air for full enjoyment of life.
Changes in Indian environment over the past few years and climate change
In 2018-19, as many as 2,400 Indians lost their lives to extreme weather events such as floods and cyclones, according to the environment ministry. The India Meteorological Department (IMD) says these events are increasing in both frequency and intensity Extreme events may be the most tangible and immediate impact of climate change, but another more long-term and equally dangerous effect is rising temperatures.
In India, according to IMD data released by the statistics ministry, average temperatures have increased by 0.6 degrees Celsius (° C) between 1901-10 and 2009-18. At an annual level, this may seem trivial, but projections deeper into the future paint a more alarming picture. For instance, the World Bank estimates that, if climate change continues unhindered, then average temperatures in India could reach as high as 29.1° C by the end of the century (up from 25.1° C currently).
As climate change becomes more palpable, some parts of India will be more affected. Comparing the average temperature in 2009-18 to the that in 1950-80 reveals that some pockets have already become much hotter. In parts of Rajasthan, Gujarat, Tamil Nadu, Kerala and the North-East, average temperature over the last decade has risen by nearly 1° C compared to the historical average in the 1950-80 period.
Climate change is also manifesting itself in the rise in extreme hot days (temperatures exceeding 35° C) across Indian cities. For instance, in Delhi, the number of days where temperatures have crossed 35° C has increased to 1,613 in this decade (2009-18) from 1,009 in 1959-68. Other major cities, such as Mumbai, Bengaluru and Hyderabad, have also seen similar increases. In cities, which are epicentres of economic activity, rising temperatures can increase the spread of diseases and hurt productivity. And, in coastal cities, climate change-induced rising sea levels also pose an additional threat through more frequent flooding.
Impact of lockdown
In the capital, New Delhi, government data shows the average concentration of PM 2.5 plunged by 71% in the space of a week -- falling from 91 microgram per cubic meter on March 20, to 26 on March 27, after the lockdown began. The World Health Organization considers anything above 25 to be unsafe.
The data from the Central Pollution Control Board (CPCB), part of India's Environment Ministry, was collated by the Centre for Research on Energy and Clean Air (CREA).
Nitrogen dioxide went from 52 per cubic meter to 15 in the same period -- also a 71% fall. Mumbai, Chennai, Kolkata and Bangalore have also recorded a fall in these air pollutants.
Even before the national lockdown started on March 25, the phased shutdowns in India were having an impact. During the first three weeks of March, the average nitrogen dioxide levels declined by 40-50% in the cities of Mumbai, Pune and Ahmedabad, compared with the same period in 2018 and 2019, as revealed by System of Air Quality and Weather Forecasting And Research (SAFAR) under India's Ministry of Earth Sciences. “The reduced fossil fuel emissions due to (the) transport sector and slowdown in other emissions-related activity is slowly reducing the air pollutants," SAFAR noted.
The nationwide curfew in India on March 22 also resulted in the lowest one-day traffic pollution levels on record, analysis from CREA said. Other dangerous pollutants, PM2.5 and the larger PM10, which are less than 10 micrometers in diameter, also dropped steeply, the report added.
"It is most likely that even the record of March 22 will be broken, and we are seeing more and more cleaner days as industries, transportation and energy generation and demand are reducing across the country," reported CREA.
Similar patterns showing drastic falls in pollution levels were seen in parts of Europe and China since their lockdowns, as industry and transport networks grind to a virtual halt.
But this is no reason to celebrate because Covid-19 has led to a negative impact on human life. Nearly 1,07,000 lakh people have lost their lives to coronavirus. It is an alarm for all of us to focus more on nature as well as public health in order to keep ourselves ready from any future pandemics like these so that the magnitude of the economic loss remains low.
Article written by: Kushal Jain, final year law student.