Environment law

Environment law

• UNITED NATIONS CONFERENCE ON HUMAN ENVIRONMENT STOCKHOLM1970• Legal position in IndiaCommon law-TORTS-covers all civil wrongs other than breach of contract and breach of trust-

covers damage to person , property and reputationCivil wrongs and liabilities under Torts-Nuisance-TrespassNegligenceStrict liability Absolute liabilityREMEDIES----injunction ----abatement-----damages

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Strict liability-Absolute liability• STRICT LIABILITY(Rylands vs Fletcher)• Rule – if a person brings on his land for non-natural use -any thing which is likely to do mischief if it escapes -the person is liable for damages even if he is not negligentExceptions Contributory negligence of injured/consentAct of GodAct of stranger or third partyAct of statutory authority ABSOLUTE LIABILITYRule made by Supreme Court of India takes away above exceptionswhen an enterprise is engaged in hazardous or inherently dangerous activity with

potential threat to health and safety of public –it owes an absolute liability without any exceptions -

Environment law

• CRIMINAL LAW –INDIAN PENAL CODE1860Public nuisanceNegligent conduct causing injury to public interest-spreading infectious diseases dangerous to life-fouling water sources of public-making atmosphere noxious to health-dealing in poisonous substances-Fire or combustible matter-Explosive substances

ENVIRONMENT LAW

• CONSTITUTION OF INDIA• Art 19-right to practice –carry out-profession,

trade, businessArt 21-right to life with dignity and personal

libertyArt 47/48/51-state duty to protect and improve

environment- forests, lakes , rivers ,and wild life

Environment law-Special legislations

• The water(prevention and control of pollution) Act 1974

• The Air( prevention and control of pollution) Act1981