environmental protection and business obligations

7/31/2019 Environmental Protection and Business Obligations

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ENVIROMENTPROTECTIONANDBU

SINESS

OBLIGATIONS

201

1-13

LEGALENVIROMENTOFB

USINESS

ASSIGNMENT

ANIKET KUMAR

11BSP1290

SECTION-A


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Environmental Protection and Business Obligations

Meaning of EnvironmentEnvironment can be defined as our physical and biologicalsystem in which manand organisms live as a whole and these systems have many interacting

capacities. It includes rocks, minerals, soil and water, its land and their forests andpotential vegetation, its animal life and potentiality of livestock, husbandry, and its

climate.

Acc to Environment ( Protection) Act, 1986, Environmentincludes water, air and

land and the interrelationship, which exists among and between water, air and land,

and human beings, other living creatures, plants, micro-organisms and property.

Environment PollutionAs environment includes living and non-living organisms,damage to any one ofthem damages the environment. Scientific and technological advancements and

mis- management of the natural resources have given rise to environmental

problems such as pollution of air, water and noise etc

These reasons have adverse effects on flora, fauna andhuman health.

As the earth is the only planet conducive for living organisms, it has become

important to live in harmony with the nature, so the world is trying hard to protect

the environment.

The environment can be understood by the division which is based on four

segments of the earth like atmosphere, hydrosphere, lithosphere and biosphere.

Sources of PollutionThe increase in the population and industrialization, urbanization, deforestation

etc. are depleting the natural resources.

Mankind is generating lot of waste and that hasbecome one of the major reasonsfor pollution.


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The pollution has led many rear species to getextinct as river, ponds, sea water

have been polluted and the marine life have been endangered.

The fertility levels of soil are decreased as manypollutants have entered the inner

layer of the earth

Causes of PollutionThe causes can be basically classified into two: a) Natural and b) Man- Made.

Natural causes: of pollution include floods,cyclones, earthquakes, and molten lava

from volcanoes.

Man- Made causes: are population, industrialization,unhygienic settlements due to

poverty, urbanization, depleting naturaal recourses and deforestation etc..

Kinds of PollutionAir Pollution- gases like carbon monoxide, nitrous oxide,nitric oxide: Metals likelead, mercury and other organic substances cause pollution. Due to this Acid rains,

Depletion of Ozone Layer, Green House Effect/Global Warming are taking place.

Water- Industry Waste, Chemicals used for agriculturalpurpose and released into

the water are the main causes of pollution.

Land- divesting the earth from its natural landscape through deforestation,

denudation, discharge of untreated toxic substances to the land and other

contaminations has led to pollution

Sound- Industrial estates, airports, railway stations, road traffic and other sound

systems with decibels are causes of noise pollution

Solid Waste- junk, tins, glass bottles etc have become oneof the major causes of

pollution.

Oil- oil spilled due to war or accidents which causes thepollution to marine life,

as oil can abort many diseases.


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Nuclear- Pollution caused by radioactive materials hasserious effects like

leukemia, cancer of bones, lungs thyroid, cancer etc.

Thermal- Emission of smoke from thermal power stationsdue to emission of

smoke raising the temperature in rivers and lakes causes pollution.

Environmental Law- Rules relating to Strict and Absolute liability Strict liability- It is common law principle, and remedy mostly used for

environmental pollution cases under the torts law.

Though generally any damage resulting from any injury to property can be readunder the principle of negligence or nuisance or trespass, the environmental or

personal injury to property or persons are applied based on the Strict LiabilityPrinciple interpreted through the landmark judgment of Rylands v. Fletcher

case.

The Strict Liability Rule is applicable if the following conditions are fulfilled:

Dangerous thing

Escape

Non- Natural use of land

Exceptions to the Rule of Strict Liability RuleThe rule of strict liability is based on No- Fault Theory and even if the plaintiff

cannot prove negligence on the defendants part, the defendant can be held liable

for the injury.

To this principle of strict or no- fault liability principle there are few exceptions:

Plaintiffs own Default

Act of God

Consent of the Plaintiff

Act of the Third Party

Statutory Authority


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The Rule of Absolute LiabilityThe mere application of strict liability fails sometimes due to the exceptions

applicable to the principles. And to make the law stringent to the prevailing

conditions the Supreme Court of India recognized another principle. Which isestablished without any exceptions applicable to them and that is known as

Absolute Liability. This principle was adopted by the SC while deciding the DelhiOlium Gas leakage i.e. MC Mehta v. Union of India (Shriram Food Fertilizers

Industries) whichwas decided when a PIL was filed.

The SC purposely evolved the Absolute Liability Principle, so that none of theexceptions applicable to the Strict Liability principle need to applied while

deciding the case to create absolute liability to compensate even without their

negligence or even if the third party was the reason for the leakage.

Applicability of criminal lawThe concept ofMansera (guilty mind) in environmental offences and the problem

of enforcement by penal sanctions have attracted the criminal law into the domain

of environmental law.

Public Nuisance (section 268)When a person is guilty of an act or is guiltyof an illegal omission causing any common injury, danger or annoyance to

the public or to the people in general who dwell or occupy property in the

vicinity to person who has occasion to use public right.

Negligent act likely to spread infection of disease dangerous to life (section269)Punished with imprisonment of either description for a term whichmay extend to six months, or with fine, or with both.

Malignant act likely to spread infection of disease dangerous to life (section270) -Punished with imprisonment of either description for a term which

may extend to six months, or with fine, or with both.

Fouling water of public spring or reservoir (section 277) -Punished withimprisonment of either description for a term which may extend to three

months, or with fine which may extend to five hundred rupees, or with both.


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Making atmosphere noxious to health (section 278)whoever voluntarilyvitiates the atmosphere in any place as so to make it noxious, shall be

punished with fine which may extend to five hundred rupees

Environmental Legislations in IndiaThe issue has been taken seriously throughout the world both atthe national andinternational levels.

India has drawn immense inspiration from the United Nations Conference on

Human Environment (Stockholm) in 1972.

As an inspiration it has enacted various legislations relating to prevention andcontrol of pollution of various kinds.

Other than the special enactments even the Constitution of India has specific

provisions relating to the Fundamental Rights and Directive principles of State

policy , which guide the country for a environmental friendly State

Provisions under the Constitution of India Article 19 (1) (g)- Right to practice any profession,occupation, trade or business.

Article 21- Right to life and personal liberty, which includes to pollution freeenvironment and clean environment.

Article 47- Imposing duty on the State to provide andraise level of nutrition and

standard of living and improve public health. State is duty bound to protect and

improve the environment including forests, lakes and rivers.

Article 48A- Protection of environment, improve and safeguard forests andwildlife.

Article 51A(g)- Making the environment to becompassionate for living creatures

. Apart from these specific provision Article 32 and 226 provide remedies

through enforcement of rights conferred.


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Special LegislationsThe Water (Prevention and Control of Pollution)Act, 1974.

The Air ( Prevention and Control of Pollution)Act, 1981.

Forest Conservation Act, 1980

The Wild Life (Protection) Act, 1972

The Hazardous Wastes (Management andHandling) Rules 1989.

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