ENVIRONMENTIncludes water, air and land and the inter-relationship which exist

among and between water, air and land, and human beings, other living creatures, plants,

micro-organisms and property.

- EPA, (1986) (Section 2 (a)

Environment pollutant

Any solid, liquid or gaseous substance present in such

concentration as may be, or tend to be injurious to the

environment.

- EPA, (1986) (Section 2 (b)

Environmental Pollution

The presence in the environment of any

environmental pollutant.

- EPA, (1986) (Section 2 (C)

Handling in Relation to any Substance

The manufacture, processing, treatment package, storage

transportation, use, collection, destruction, conversion, offering

for sale transfer or the like of such substance

- EPA, (1986 (Section 2 (d)

Hazardous Substance

Any substance or preparation which, by reason of its chemical or

physico-chemical properties or handling, is liable to cause harm to

human beings, other living creatures, plants, micro-organism,

property or the environment.

- EPA, (1986) (Section 2 (e)

Occupier in relation to any factory or premises

A person who has control over the affairs of the factory or the

premises and includes, in relation to any substance, the person in possession of the

substance.

LegislationsGeneral  

The Environment (Protection) Act – 1986

The Environment (Protection) Rules – 1986

The Manufacture, Storage, and Import of Hazardous Rules – 1989

The Manufacture, Use Import, Export and Storage of hazardous Micro-organisms / Genetically Engineered organisms or cells rules -1989

The Public Liability Insurance Act and Rules and Amendment, 1992.

The National Environmental Tribunal Act - 1995

The National Environment Appellate Authority Act. – 1997

The Biomedical Waste (Management and Handing) Rules – 1998

The Environment (Site for Industrial Projects) Rules, 1999

……….

The Municipal Solid Wastes (Management and Handling) Rules, 2000

The Ozone Depleting Substance (Regulation and Control) – 2000

  The Batteries (Management and Handling)

Rules, 2001.   The Noise Pollution (Regulation and Control)

(Amendment) Act - 2002  The Biological Diversity Act - 2002  The National Green Tribunal Act - 2010

Forest and Wildlife The Indian Forest Act and Amendment Act, 1927& 1984 Prevention of Cruelty to Animals Act - 1960 The Wildlife Protection Act and Rules 1973, and Amendment Acts 1972, 1991, 1993 and 2003 1980 – The Forest (Conservation) Act and Rules, 1980, 1981 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act. - 2006

Water The Easement Act – 1882

The Indian Fisheries Act - 1897

The River Boards Act – 1956

The Merchant Shipping Act – 1970

The Water (Prevention and Control of Pollution) Act 1974

The Water (Prevention and Control of Pollution) Cess Act – 1977

The Water (Prevention and Control of Pollution) Cess Rules - 1978

The Coastal Regulation Zone Notification - 1991

Coastal Zone Regulation Rules, 1991

The Coastal Aquaculture Authorities Act - 2005

Air

The Air (Prevention and Control of Pollution) Act - 1981

The Air (Prevention and Control of Pollution) Rules - 1982

The Air (Prevention and Control of Pollution) (Union Territories) Rules - 1983

Other Legislative Measures to Control Environmental

PollutionThe Shore Nuisance (Bombay and Kolaba) Act, 1853 The Orient Gas Company Act, 1957Indian Penal Code, 1860The Police Act, 1861The Series Act, 1867The Northern Indian Canal and Drainage Act, 1873The Obstruction in Fairways Act, 1881Code of Civil Procedure, 1908The Indian Ports Act, 1908The Indian Steam Vessels Act, 1917The Poison Act, 1919The Boilers Act, 1923

The Mines and Mineral Act, 1947 The Factories Act, 1948 The Damodar Valley Corporation (Prevention of Pollution of

Water) Regulation Act, 1948 The Orissa River Pollution Act 1953 The River Boards Act, 1956 The Merchant Shipping Act, 1958 The Industries (Development and Regulation) Act, 1957 The Atomic Energy Act, 1962 and the Radiation Protection

Rules 1971. The Insecticides Act, 1968 The Maharashtra Prevention of Water Pollution Act, 1969 Code of Criminal Procedure 1973 The Motor Vehicles Act, 1988 The Chemical Accidents Emergency Planning, Preparedness

and response Rules, 1996 Biological Diversity Rules, 2004.

Noise Pollution

When unwanted sound is released into the atmosphere, it is

called as ‘noise pollution’.

-WHO has fixed 45 decibels as the safest noise level for cities.

 

Source of Noise Pollution

1. Industrial Sources – Factories, Industries

2.Non – Industrial Source

Loud-Speakers AutomobilesTrainsAircrafts Construction Work Projection of Satellite in Space

Domestic apparatus–mixer–grinder, vacuum cleaners, washing machine, air conditioners, Radio, Television etc.

Law for Controlling Noise Pollution

International Convention–Chicago Convention, 1944.

Constitution of India

Article 21 Right to decent and wholesome environment

Article 39 (e) State to Protect health and strength of workers, men and women, tender age of children and of citizens from entering into avocation unsuited to health

Article 48-A Duty of state to protect natural environment

Article 51-A (g) Fundamental duty of citizen to protect and preserve environment

Indian Penal Code, 1860Section 290 – Public Nuisance

Criminal Procedure Code, 1973 order for Section 133 – Removal of nuisance

by District Magistrate or Executive Magistrate

 Civil Procedure Code, 1908 Section 91 – Declaration or Injunction

Motor Vehicles Act, 1939   Railway Act 1890  Air Craft Act 1934  Factories Act, 1948  Law of Torts   The Environment (Protection) Act, 1986   The Air Act, 1981   The Noise Pollution (Regulation & Control) Rules 2000   The Cigarettes and other Tobacco Products (Prohibition

of Advertisement and Regulation of Trade and commerce, production, supply and Distribution) Act, 2003.

The Constitution of India and Protection of Environment from

Pollution

1. Directive Principles

a. Duty of State to raise the level of instruction and standard of living and to improve public health (Article 47) 

b. Organisation of Agriculture and Animal Husbandry (Article 48)  

c. Protection and improvement of Environment and safeguarding of forest and wildlife (Article 48 – A)

 d. Protection of monuments and places and objects of national importance (Article 49)

Fundamental Duties [Article 51 A (g)] 

Fundamental Right Against Environmental Pollution (or) Right to wholesome Environment  

Article 14 - Equality before Law

Article 19 - Right to Freedom

Article 21 - Protection of life and Personal Liberty

Article 31 C - Saving of laws giving effect to certain Directive Principles

Judiciary and Protection of Environment

Writ Jurisdiction

a. Award of Damages M. C. Mehta v Kamalnath, AIR 2000 SC 1997 -A person who is guilty or causing pollution has to pay damages for

restoration of environment b. Pay Compensation

M. C. Mehta v Sri Ram Foods & Fertilizers AIR1987 SC 1086(Oleum Gas Leak Case)

c. Prohibition of Activities Subba Rao v State of Himachal Pradesh AIR 1989 SC 171

 d. Not to grant stay in Criminal Proceedings relating to Environment

M.C. Mehta v Union of India AIR 1988 SC 1115(Ganges Pollution Case)

e. Financial Incapacity of Industry is Irrelevant M. C. Mehta v Union of India AIR 1988 SC 1037(Tanneries Case)

  - Financial incapacity of tanneries should be considered as irrelevant for the adverse effect on public at large due to discharge of its trade effluents to Ganges, for its closure.

 f. Closure of Industries to protect Environment i. Jaganath S v Union of India AIR 1997 SC 811  (SC issued direction of demolition and removal of Industries /Shrimp

culture industries set up in the coastal Regulation Zone (CRZ)  ii. Vellore Citizens Welfare Forum v. Union of India AIR 1996 SC

2115 Closing down of 162 tanneries in Tamil Nadu for Polluting Air and Water making it unworthy of drinking

 iii. M. C. Mehta v Union (1997) 2 SCC 353

(Taj Mahal Case) SC ordered for relocation of 292 Industries located and operating in Agra which were damaging the Taj.

Contributions of theContributions of theSupreme CourtSupreme Court

Absolute Liability Principle (1987 )Elaborating “ Right to Life” to

include Right to Environment (1991- )

Public Trust Doctrine (1996 )Precautionary Principle (1996 )Sustainable Development (1997 )Central Empowered Committee

(2002)

Judiciary and Legal Principles

a. Subhas Kumar v State of Bihar AIR 1991 SC 42“Right to live .......... includes the right to enjoyment of pollution

free water and air for full enjoyment of life”  b. AP Pollution Control Board v M. V. Nayudu

(2001) 2 SCC 62Right to have access to drinking water is a part of Right to life

and Human Rights as enshrined in Article 21 of the Constitution of India

 c. Indian Council for Enviro Legal Action v. Union of India AIR

1996 SC 1069  Absolute Liability and Polluter Pays Principles.

Polluting Industries are absolutely liable to compensate for the harm caused by them to villagers as well as to remove the pollutant from the affected area.

 d. Rural Litigation and Entitlement Kendra v State of UP AIR 1988

SC 2187  SC held that pollution free environment is an integral part of the right

to life in Article 21.`

Judiciary and Protection of Rights

a. M. C. Mehta v Kamal Nath (1997) I SCC 388 The Public Trust Doctrine rests on the Principle that every natural resource has greater importance to the people as a whole than to make it a subject of private ownership.

 b. T. N. Godavarman Thirumulpad v. Union of India

AIR 1997 SC 1228  - “Forest” includes the area noted in the government

records as forest, irrespective of ownership.  c. T. N. Godavarman Thirumulpad v. Union of India

AIR 2003 SC 724 By destroying nature environment man is committing

matricide, having in a way killed mother, Earth.

d. In Re noise Pollution – implementation of the laws for restricting use of Loudspeakers and High Volume Producing Sound System with Forum, Prevention of Environmental and Sound Pollution v Union of India, AIR 2005 SC 3136.

 - Anyone who wishes to live in peace comfort and quiet with his house has a right to prevent the noise as pollution reaching him.

 e. Murali S Deora v Union of India, AIR 2002 SC 40 – the

Supreme Court Prohibited Smoking in Public places, namely   Auditorium, Hospital Buildings, Health Institution, Education

Institutions, Libraries, Court Buildings, Public Offices and Public Conveyance including Railways.

International Conventions for the Protection of Environment or for Curbing Environmental Pollution

A. Conventions on Environment and Development

i. United Nations Conference on the Human Environment , 1972 at Stockholm

ii. The World Charter for Nations , 1982

iii. Nairobi Conference on the Human Environment , 1982

iv. Rio Convention , 1992

v. Johannesburg Convention , 2002

B. Conventions on Biodiversity and Species

i. Ransom Convention on Wetlands of International Importance especially as Waterfowl Habitat , 1971

ii. Bonn Convention on the Conservation of Migratory Species of Wild Animals , 1979

C. World Heritage Convention , Paris 1972

D.Conventions on Marine Pollution

E.Conventions on Global Climate

i.United Nations Framework Convention on Climate Change , 1992

ii. The Kyoto Protocol

F. Conventions on Air Pollution

i. Vienna Convention for the Protection of Ozone Layer , 1985

ii. Montreal Protocol on Substances that Deplete the Ozone Layer , 1987 as amended in 1990 Helsinki Declaration on the Protection of Ozone Layer , 1989

G. Other Conventions

i. Basel Convention on the Control of Trans boundary Movement of Hazardous wastes and their Disposal , 1989

ii. Stockholm Convention on Persistent Organic Pollutants ( POPs ) , 2001