Environmental law: Definition, History, Principles, Examples

Introduction

Environmental Law can be explained as a legal framework comprising principles, directives, policies, and regulations founded by different local, national, or international units. Its purpose is to safeguard and maintain the environment, verifying its appropriateness for both present and future generations.

According to Black’s Law Dictionary, environmental law is defined as, “A collective body of rules and regulations, orders and statutes, constraints and allowances that are all concerned with the maintenance and protection of the natural environment of a country”.

Based on the definition of the Free Legal Dictionary, “Environmental Law is, “an amalgam of state and federal statutes, regulations, and common-law principles covering Air Pollution, Water Pollution, hazardous waste, the wilderness, and endangered wildlife”.

What constitutes the environment?

The word "environment" discovers its origins in the French term 'environner,' indicating "to encircle." It encompasses all the surroundings where humans live. These surroundings cover both the entirety of the natural world and the human-made terrain. The natural environment comprises elements like air, water, lakes, trees, and mountains, while the human-made environment consists of developments such as buildings, roads, parks, bridges, monuments, gardens, and more.

As per Section 2(a) of Environment Protection Act, 1986 environment includes Water, Air & Land and the inter-relationship which exists among and between Water, Air and Land & Human Beings, other Living Creatures, Plants, Micro Organisms & Property”.

Environmental Pollution

The term 'pollution' emerges from the Latin word "Polluere," denoting the act of polluting any aspect of the environment. Environmental pollution takes place when any component is unveiled into the environment, humiliating its property to a point where it becomes inappropriate for human habitation. Various forms of environmental pollution involve air pollution, water pollution, noise pollution, and more.

As per Section 2(c) of the Environment (Protection) Act, 1986, “environmental pollution means the presence in the environment of any environmental harmful agent”.

The Significance of Environmental Protection

Environment and human existence are intricately intertwined, with the quality of an individual's environment having a profound effect on their quality of life. The Supreme Court of India has stated in numerous cases that the right to a pollution-free environment, including access to unpolluted water and pure air, is fundamental. It is a vital component of the right to life guaranteed by Article 21 of the Indian Constitution.

Development of Environmental Law in India

The development of Environmental Law in India can be classified into two distinct phases:

• Development prior to 1972 - During this period, India mainly depended on an amalgamation of tort laws, criminal laws, regulations related to water and forests, and specialized legislation to look into environmental protection matters. It can be noticed that there was comparatively restricted advancement in Indian Environmental Law during this generation.
• Development after-1972 - This phase aligned with the outcome of the Stockholm Conference and marked a significant development in the field of International Environmental Law. The Stockholm Conference carried global awareness of environmental protection concerns, and India was no exception to this developing awareness.

The development of Environmental Law in India following the Stockholm Declaration

The 1972 Stockholm Declaration on the Human Environment was a direct result of the 1972 Stockholm Conference of the United Nations on Human Environment and Development. This declaration's status is comparable to that of the 1948 Universal Declaration of Human Rights, signifying its preeminence in the field of environmental law.

At the Stockholm Conference, where Mrs. Indira Gandhi, the then-Prime Minister of India, participated, the discussion, issues raised, and progress had a significant impact on her. This motivation resulted in rapid enhancements to India's environmental strategy immediately following the Stockholm Conference.

The 42nd Amendment to the Constitution of India

• The 42^nd amendment introduced significant modifications to the Indian Constitution, especially in the context of environmental law. Particularly, it assigned a shared accountability to both the state and its citizens for the safety and fortification of the environment.
• By incorporating Article 48-A into the Indian Constitution's Directive Principles of State Policy, the state was given the responsibility "to safeguard and improve the environment and to protect the country's forests and wildlife."
• With the enactment of Article 51-A, the Constitution imposed ten fundamental responsibilities on its citizens. Recognising that citizens are endowed with a variety of fundamental liberties as part of their status in the country, these obligations were imposed. Recognising the essential relationship between rights and responsibilities, these fundamental duties serve as a constant reminder to citizens that, while the Constitution provides them with explicit fundamental rights, it also imposes on them definite duties that they must fulfil in order to become responsible citizens.
• Subsequently, Article 51-A (g) obligated citizens "to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures"
• Article 47 of the Indian Constitution mandates that the state better the nutritional and living standards of its citizens and public health. States must also limit the use of all intoxicating substances, with the exception of tobacco. The provisions of this article impose on the state the obligation to implement all essential health protection parameters.
• Article 21 of the Indian Constitution guarantees the Fundamental Right to reside in a pollution-free environment and to have access to clean air and water. While the right to life and personal liberty were inherent in the Constitution, their multiple facets emerged gradually, guided by court decisions and investigations.
• In the 1980s, the Supreme Court of India began rendering decisions in numerous cases involving the protection of an individual's right to exist in a pollution-free environment. During this time, the Court issued a number of directives, conducted crucial analyses, and imposed restrictions, all with the goal of ensuring that every person could appreciate a clean environment as a fundamental, life-sustaining right.

Principles Guiding Environmental Law:

To neutralize the previously mentioned environmentally noxious exercises, both the Indian and international legal systems have uniformly improved laws and regulations centered on a set of key environmental law principles. These principles incorporate:

• Public Trust Doctrine,
• Precautionary Principle,
• Polluter Pays Principle, and
• Sustainable Development.

1) Public Trust Doctrine:

It declares that the state, as a trustee, should defend the ecology and the environment within its zone for the welfare of its people at large. Whenever this is evoked by the judicial authority, in the first place, the court will presume that the state has its responsibility to safeguard and nurture the environment.

It is noticed that this doctrine enforces three main limitations on the state. They are,

• Property in hand should not only be utilized for public motives but also be accessible at the hands of the general public.
• The public assets shall not be marketed or sold for any compensation,
• Public properties should be well-maintained for precise objectives such as rivers, lakes, etc.

2) Polluter pays principle:

As the term suggests, the polluter imposes a charge on the organization producing pollution to not only offer remuneration to those impacted by the pollution but also to bear the responsibility of covering the expenditures necessary to recover the environmental harm. For example, if a factory contaminates a river and produces environmental deterioration, according to the polluter pays principle, the factory is not only accountable for compensating the impacted community or individuals but also for recovering the damaged environment.

This principle was implemented during the 1992 Rio Declaration, which stressed that nations should have a responsibility to ensure the worldwide sharing of environmental costs. This belief eventually places a responsibility on multinational companies and related bodies to hold the financial liability of pollution and emphasizes their responsibility to protect public welfare while appealing to global trade and business.

Principle 16 says, “National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment”.

3) Precautionary Principle:

Now, let's explore the importance of the Rio Declaration's focus on the precautionary principle. Principle 15 of the 1992 declaration expresses the following: “In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”.

4) Sustainable Development:

The Rio Declaration and numerous international conventions function on the location that accomplishing sustainable development requires an intense focus on environmental preservation. The Indian judiciary has repeated this opinion in many cases, stressing the crucial role of environmental economics in the journey of balanced progression and the protection of human rights. Article 21 of the Indian Constitution is the most commonly cited provision in the Constitution concerning environmental law and the development of both ecology and humans.

Environmental Legislation in India:

India prides a complete presentation of environmental laws, some of which include:

• The National Environmental Tribunal Act of 1995, furthermore its 2010 Amendment, has been adopted to supply settlement for damages caused by activities including harmful substances. This incorporates harm to individuals, property, and the environment. The principal goal of this Act incorporates the rapid and effective resolution of cases associated with environmental protection and natural resource preservation, the implementation of environmental rights, and the provision of compensation and help to those who have been impacted.
• The National Environment Appellate Authority Act of 1997 was implemented for the motive of judging petitions concerning limitations placed on areas where certain businesses are required to administer precautions under the Environmental Protection Act.
• As for the Biomedical Waste (Management and Handling) Rules of 1998 these regulations were implemented to justify the management of biomedical waste produced throughout healthcare-related operations, including disposal, collection, and segregation.
• The Environment (Siting for Industrial Projects) Rules, 1999 These regulations provide complete instruction for the selection of suitable sites for industrial amenities, with a strong emphasis on protecting the environment during project implementation.
• The Municipal Solid Wastes (Management and Handling) Rules, 2000: Related to municipal authorities, these rules order the efficient administration of solid waste, including its collection, segregation, preservation, conveyance, handling, and disposal.
• The Batteries (Management and Handling) Rules, 2001: Implemented under the Environment (Protection) Act of 1986, these rules regulate the collection and reprocessing of used lead-acid batteries to deal with battery waste management and its ecological effect.

The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010: These rules implement definite conditions to reduce noise pollution and limit the use of loudspeakers during nighttime cultural or religious occasions.

The Air (Prevention and Control of Pollution) Act, 1981: This Act goals to control and prevent air pollution by establishing boundaries for many air pollutants and permitting authority to the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) for its execution.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA): This Act recognizes and grants forest rights and habitation rights upon Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) who have settled in forests for generations. It emphasizes balanced resource usage, biodiversity preservation, and ecological harmony.

The Forest (Conservation) Act, 1980: Planned to protect forests and their ecosystems, this Act restricts the transformation of forest land for agricultural or commercial motives and enforces limitations on transformations to forest regions.

The Wildlife Protection Act, 1972: This Act functions to save India's wildlife, birds, and plants by implementing limitations on the hunting of many animals and controlling efforts for wildlife preservation.

The Water (Prevention and Control of Pollution) Act, 1974: Implemented to protect and control water contamination, this Act strengthens authorities to observe water purity, with provisions for charging taxes to support pollution control.

The Ozone-Depleting Substances (Regulation and Control) Rules, 2000: These rules regulate the use and reduction of ozone-depleting substances (ODS) while elevating their responsible management.

Coastal Regulation Zone Notification, 2018: This regulation secures balanced advancement, addresses sea-level rise due to global warming, and preserves biodiversity in coastal areas while promoting the livelihoods of local communities.

The Energy Conservation Act, 2001: This Act concentrates on improving energy efficiency by creating guidelines for equipment and appliances and supporting energy preservation through certificates and energy functioning markers.

The Biological Diversity Act, 2002:

The initiation of the Biological Diversity Act in 2002 targeted at the execution of the provisions described in the Convention on Biological Diversity (CBD). Its principal agendas were to confront biodiversity theft, preserve environmental diversity, and protect the interests of local harvesters. This law instituted a hierarchical structure comprising central and state boards, along with community groups. Subsequently, it led to the institution of State Biodiversity Boards (SBBs), Biodiversity Management Committees (BMCs), and the National Biodiversity Authority (NBA).

Article 21 of the Act emphasizes the significance of benefit sharing, guaranteeing that the benefits originating from biological resources, by-products, awareness, and related practices are equally shared between those looking for such advantages and the local entities enrolled.

The National Green Tribunal Act, 2010:

The National Green Tribunal Act of 2010 was implemented to create the National Green Tribunal (NGT) as a specialized judicial authority with a definite focus on dealing with pollution and environmental harm concerns. The initiation of NGT in 2010 was driven by the goal of providing judicial and administrative solutions to individuals impacted by environmental damage. This innovation developed as a reaction to the increasing demand for committed forums competent to manage complex environmental cases, as suggested by the Supreme Court, the Law Commission, and India's international commitments to compose and implement national environmental laws.

The main goal of the NGT is to provide effective and accelerated treatment in cases concerning environmental protection, forest conservation, the preservation of natural resources, and the administration of environmental legal claims. NGT's decisions bring legal weight and embrace the authority to provide compensation and damages to those negatively affected.

The NGT Act aligns with Article 21 of the Indian Constitution, which acknowledges the right of citizens to a healthy environment. The NGT is committed to the responsibility to settle cases brought before it within a defined schedule, with a main emphasis on approaching major environmental challenges

The Wildlife (Protection) Act, 1972:

The Wildlife (Protection) Act of 1972 explains the legal framework for the protection of India's diverse wildlife, Covering animals, plants, and bird varieties. It has authority across the country and categorizes species into six schedules, each providing different degrees of protection. Of particular significance, Schedule I and Part II provide the highest level of security and enforce severe penalties for offenses. Species found in Schedules III and IV get protection with less severe penalties, while Schedule V categorizes certain animals like common crows, fruit bats, mice, and rats as pests, allowing their uninhibited hunting. Schedule VI limits the cultivation of indigenous plants recorded according to its terms.

The Wildlife (Protection) Amendment Bill, 2021:

The Wildlife (Protection) Amendment Bill of 2021, submitted in Lok Sabha by the Ministry of Environment, Forest, and Climate Change, aims to expand the scope of species secured under the law and bring it according to international commitments, including the Convention on International Trade in Endangered Species of Wild animals and plants (CITES).

Vital elements of the bill incorporate the formation of Standing Committees within State Boards of Wildlife, the simplification of wildlife schedules from six to four main divisions, and the inclusion of Wildlife Management strategies for national parks under the jurisdiction of the Wildlife Act. These strategies now need the approval of the Chief Wildlife Warden, thereby strengthening protection for assigned areas. Furthermore, the bill enables the government to make environmental publications freely approachable to the public, encouraging awareness and conservation initiatives.

Landmark Environmental Cases in India:

• C. Galstaun v. Dunia Lal Seal (1905): This case signified the first documented incident of environmental pollution in India, where a factory's discharge of waste into a municipal drain resulted in legal action. The court held the defendant accountable for the harm caused to the accuser’s property and health, establishing a standard for environmental responsibility.
• Rural Litigation and Entitlement Kendra, Dehradun State of U.P. & Ors. (1985): This case rotated around illegal limestone mining in the Mussoorie-Dehradun area, leading to environmental harm. The Supreme Court's involvement resulted in directives for responsible mining activities and the security of the vulnerable environment.
• C. Mehta & Another vs. Union of India & Others & Shriram Foods & Fertilizer Industries & Another v. Union of India & Others (1987): In this case, the leakage of oleum gas from a factory caused a high number of casualties. It enforced the need to hold industries accountable for environmental harm and established legal standards for environmental protection.
• C. Mehta v. Union of India (1997): This case addressed the discharge of sewage into the Ganga River by leather tanneries. The Supreme Court decided that polluters must bear the accountability for proper waste management and introduced knowledge of environmental problems.
• Subhash Kumar State of Bihar (1991): This case addressed the dumping of industrial waste into the Bokaro River. The court enforced the importance of preventing water pollution and the accountability of industries to manage waste cautiously.
• C. Mehta v. Kamal Nath & Ors. (1996): This case is associated with the unauthorized construction of the Span Club in an ecologically vulnerable region. The Supreme Court ordered against private organizations converting susceptible lands into private property, evoking the public trust doctrine.
• Samir Mehta Union of India (2017): The sinking of M.V. Rak, carrying coal and oil, led to substantial ecological harm. The court ordered considerable reimbursement from the responsible parties, highlighting responsibility for environmental harm.

A Global Perspective on Environmental Legislation:

In a developing interconnected world, the challenges and outcomes of environmental problems reach beyond national borders. Environmental laws play an essential part in shaping these attempts, offering a legal system to indicate environmental challenges globally. Here, we explore the importance of a global outlook on environmental legislation and its effect on the preservation and long-term viability of our planet.

United Nations Conference on the Human Environment, Stockholm, 1972: The United Nations Conference on the Environment in Stockholm in 1972 was the Global first large-scale event focused on environmental issues. During this event, various principles were accepted to guide responsible environmental stewardship, involving the Stockholm Declaration and the Action Plan for the Human Environment. These principles raised environmental issues to global prominence and activated a dialogue on the complicated association between economic development, pollution, ocean health, and human welfare.

World Conservation Strategy: Living Resource Conservation for Sustainable Development, 1980: The World Conservation Strategy of 1980 was an innovative international document on the preservation of biological resources. It enforced that sustainability should support rather than prevent conservation activities. Key principles concentrate on securing ecological processes, genetic diversity, and persistent species and ecosystem utilization. This report was planned for policymakers, environmentalists, and development professionals, emphasizing conservation objectives and approaches.

Brundtland Report, Our Common Future, 1987: The Brundtland Report enforced that global environmental challenges were associated with extreme poverty in the Global South and unsustainable consumption and production systems in the Global North. It was identified as an integrated manner that synchronized development and environmental conservation. The report presented the thought of sustainable growth, defined as meeting present requirements without negotiating the ability of later generations to meet their essentials.

United Nations Conference on Environment and Development (UNCED), the Earth Summit, Rio de Janeiro, 1992: The Rio Earth Summit emphasized the collaboration of social, economic, and environmental factors and highlighted organized actions across sectors for ecological balance. The primary objective was to build a comprehensive plan for international collaboration on environmental and developmental challenges.

Earth Summit +5, United Nations General Assembly, New York, 1997: The Commission on Sustainable Development (CSD) was implemented to observe the execution of contracts from the Earth Summit. In 1997, a five-year review evaluated the reaction of countries, international organizations, and civil society sectors to Earth Summit challenges.

World Summit on Sustainable Development, Johannesburg, 2002: The World Summit on Sustainable Development in Johannesburg in 2002 occurred in a Political Declaration and Implementation Plan mapping parameters for development coordinated with environmental respect. It engaged involvement from global leaders and described decisions on essential dilemmas such as water conservation, energy, sanitation, agriculture, and biodiversity.

In Conclusion:

In India, environmental protection is not only protected by the country's fundamental laws, but also incorporated into human rights policies. The fundamental human right of every individual is to exist in an unpolluted environment, because a clean environment is essential to human dignity. It is essential for the public, public bodies, and state and federal administrations to distinguish the negative environmental effects of growth processes. Environmental laws must be strictly enforced because they are an effective tool for encouraging citizens to prioritise sanitation and combat pollution. However, it is equally important to instill a positive attitude towards environmental protection throughout society, as laws alone are insufficient without extensive social responsibility.

References

• https://blog.ipleaders.in/environment-legislation-in-india/
• https://www.britannica.com/topic/environmental-law/Environmental-assessment-mandates
• https://iasscore.in/bharat-katha/evolution-of-environmental-laws-of-india
• https://www.barelaw.in/fundamental-principles-of-environmental-law/
• https://www.clearias.com/environmental-laws-india/