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From the SelectedWorks of Krishna Kumari

Areti prof

July 2007

Evolution of Environment Legislation in India

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EVOLUTION OF ENVIRONMENTAL LEGISLATION IN INDIA

Dr. Areti Krishna Kumari?

Introduction:

Man is both creature and moulder of his environment, which gives him physical sustenance and

affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and

tortuous evolution of the human race on this planet a stage has been reached when, through the

rapid acceleration of science and technology, man has acquired the power to transform his

environment in countless ways and on an unprecedented scale. Both aspects of man's

environment, the natural and the man-made, are essential to his well-being and to the enjoyment of

basic human rights the right to life itself. 1

Man is the best creativity of the God. In turn he sums up his experiences and others also and go on

discovering, inventing, creating and advancing. Man has the ability of transforming his

surroundings. While doing so he can develop and enhance the quality of life for his fellow human

beings. But, when heedlessly applied the same creativity can cause harm to the environment.

Thus, since the beginning of the earth he benefited the earth and with same zeal caused harm

also. One can observe this destruction in every field. He polluted the water; he polluted the air,

caused harm to the living beings on earth, land and in the sky. Because of his actions the

ecological balance is disturbed. The actions of man caused harm to the physical, social and mental

health of his fellow human beings. Natural resources are drained. Ozone layer is depleted.

But, this is not the same to the developing and developed countries. In the developed countries

environmental problems are more due to the establishment of industries and the changed life style

of the people while as in the developing countries poverty is the major contributor of environmental

pollution and degradation. People live in subsistence economy. They live far below the minimum

levels required for decent and dignified human existence. They do not have enough food to eat,

pure water to drink, clothing to wear and lack shelter, education and sanitation. While improving

the human environment the developing countries should prioritize their needs while improving the

?Dr. A. Krishna Kumari, Ph.D (Law): Consulting Editor: ICFAI University, Hyderabad, A.P. India

1UN Conference on Human Environment held in 1972 at Stockholm


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environment. From the side of the developed countries they should try to reduce the gap between

themselves and the developing countries. In the industrialized countries, environmental problems

are generally related to industrialization and technological development.

The main problem for all the evils is the population blast. Though the population rate all over the

world got reduced- the population still continues to grow. While taking measures for the

preservation of the environment while framing the policies in this direction this fact should be borne

in mind. This does not mean we ignore people. Of all things in the world, people are the most

precious. But, they are the reason behind environmental degradation. Along with the population,

natural resources should increase. There should be a good balance between the population growth

and environmental protection.

Man must plant his actions in such a way that they do not cause degradation of environment.

Proper and prudent care should be taken to protect the environment and abate the environmental

pollution. All these centuries the actions of man caused massive and irreversible damage to the

environment. Man cannot afford to cause harm to the earth or to its biodiversity as he has to live

here on earth. He cannot afford to dig his own grave. With an understanding between the

developed and developing countries, with advanced technical knowledge man can achieve for

himself and to the posterity better environment.

What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the

purpose of attaining freedom in the world of nature, man must use knowledge to build, in

collaboration with nature, a better environment. To defend and improve the human environment for

present and future generations has become an imperative goal for mankind-a goal to be pursued

together with, and in harmony with, the established and fundamental goals of peace and of

worldwide economic and social development. 2

2http://www.unep.org/Documents.Multilingual/default.asp?documentid=97&l=en


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The Beginning:

Role of Economic and Social Council:

It was with the initiative of Economic and Social Council UN conducted the conference on Human

Environment. The way the environment was getting degraded it needed immediate attention from

all most all the countries.

UN Conference on Human Environment:

The historical conference on Human Environment was held in Stockholm from 5th June to 16th June

1972. It was the first global recognition that the environment was endangered and the governments

and the industry had to collectively put in an effort to protect the environment. The Conference

called upon Governments and peoples to exert common efforts for the preservation and

improvement of the human environment, for the benefit of all the people and for their posterity. For

the first time the developed countries realized that they had completely ignored the impact on the

environment during their rapid development. Then UNEP (United Nation Environment Programme)

is formed. All most all the countries of the world have undertaken to monitor the quality of air, water

and other natural resources of the world3. The United Nations General Assembly laid down as

many as 26 principles in the Conference held at Stockholm in 19724.

Evolution of Environmental Legislation in India:

For any country the effective way of control pollution and degradation of resources is to combine

traditional laws, with modern legislation. A country should adopt relevant environmental

safeguards- designed to protect their limited resources. As far as India is concerned, the Ministry

of Environment and Forests is the nodal agency at the Central level for planning, promoting and

coordinating the environmental programmes, apart from policy formulation. A number of

enforcement agencies assist the Ministry of Environment and Forests, in executing the assigned

responsibilities.

It is known fact that in the economic development of any country industries play a pivotal role. It is

also an equally known fact that the industries are the major contributors to the pollution of

environment. In Indian the Central Pollution Control Board monitors the industrial pollution

3www.unep.org

4See the annexure


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prevention and control at the central level, which is a statutory authority attached to the Ministry of

Environment and Forests. At the State level, the State Departments of Environment and State

Pollution Control Boards are the designated agencies to perform these functions.5

Though, the Wild Life (Protection Act), 1972 came into existence in the month of September,

after the UN General Assembly Conference on Human Environment in June 1972, it is not in

compliance with the principles laid down at the conference. This Act was amended in 1991 and in

1996. The Rules came into being in 1995. Under this Act every State has to constitute a Wild Life

Advisory Board. Certain areas are to be declared as sanctuaries and National Parks. This is Act is

basically for the protection of animals, plants and birds which live in forests. Hunting of the wild

animals is permitted only when such animals become dangerous to the human beings or it

becomes diseased beyond recovery. This is to be done with the permission of wild life warden inwriting. The same Act prohibits picking and uprooting of specified plants and cultivation of some

other specified plants.

One of the first legislations, after the UN Conference on Human Environment that came into

existence was Water (Prevention and Control of Pollution) Act, 1974 (No. 6 OF 1974). The

objective of the Act was to provide for the prevention and control of water pollution and the

maintaining or restoring of wholesomeness of water and establishing Boards for the Prevention

and Control of Water Pollution for carrying out these purposes and conferring on and assigning to

such Boards powers and functions relating thereto and for matters connected therewith. This Act

was followed by the Water (Prevention and Control of Pollution) Cess Act, 1977 (No. 36 of

1977). The objective of this Act was to levy and collect cess on water, which was consumed by

persons carrying on certain industries and by local authorities with a view to augment the

resources of the Central Board and the State Boards for the prevention and control of water

pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. This was

further amended in 2003 to expand the scope of industry to any operation process or treatment

and disposal system, which consumes water or gives rise to sewage effluent or trade effluent and

extending the provisions of the Act to all the industries. It was applied to specified industries earlier.

The amendment in the legislation clearly explains the increase in the levels of water pollution and

usage of water. Accordingly, the Water (Prevention and Control of Pollution) Cess Rules, 1978

5http://greenbusinesscentre.com/environlegis.asp


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and The Water (Prevention and Control of Pollution) Rules, 1975 and Central Board for the

Prevention and Control of Water Pollution (Procedure for Transaction of Business) Rules, 1975

amended 1976 came into existence.

Followed suit was the Air (Prevention and Control of Pollution) Act, 1981 (No. 14 of 1981). The

objective of the Act was to provide prevention, control and abatement of air pollution. For carrying

out this function, the Act further provided the establishment of Boards and conferred powers

related to the objectives of the Act. This Act basically aimed at the industrial pollution and

automobile pollution. Without establishing separate Boards to carryout the functions envisaged in

the Act, the already established Boards under Water (Prevention & Control of Pollution) Act, 1974

are conferred with the powers specified in this Act. The Air (Prevention and Control of Pollution)

Rules and the Air (Prevention and Control of Pollution) (Union Territories) Rules came intoexistence in, 1982 and 1983 respectively.

Contrary to the public opinion, the well-known Environment (Protection) Act (No. 29 of 1986)

came in to existence in 1986- after 14 years of Stockholm Conference on Human Environment. A

cursory analysis of its Preamble makes it obvious that the objectives of the enactment are three

fold. 1. Protection of the environment 2. Improvement of environment 3. Prevention of hazards to

a) human beings b) other living creatures, c) plants and d) property.6 This is an umbrella legislation,

which covers from Radio- Active Substances disposal to use of plastic bags. All the notifications,

rules and regulations dealing with the environmental protection are the subsidiaries of this Act.

It relates to the protection and improvement of environment and the prevention of hazards to

human beings, other living creatures, plants and property. This Act provided for coordination and

planning of the nationwide programmes for the prevention, control and abatement of environmental

pollution, laid down standards for the quality of environment, restricted certain areas to establish

industries, laid down procedures for the prevention of accidents in such industries and handling

hazardous substances. Above all the Act barred the jurisdiction of the Civil Courts in respect of the

actions done under the directions of the Central Government. This Act was further amended in

1991. The Environment (Protection) Rules, 1986 came into being for the first time in 1986

followed by First Amendment Rules, Second Amendment Rules, Third Amendment Rules and

6Law relating to Environmental Pollution and Protection: Dr. N. Maheswara Swamy p. 107


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Fourth Amendment Rules in 1998, 1999, 2001,2002,2003,2004 and 2006. Whenever, the rules

were amended it was not without a good reason, such as setting up standards for the industrial

area or laying down standards for pulp and paper industries, issuing guidelines for disposal of solid

wastes, drilling cutting and drilling fluids of shore and on shore for drilling operations, setting up

standards for boilers, using of agricultural waste as fuel and guidelines for the ginning mills etc. As

the human activity increased in scientific and technological fields the need to amend the rules

increased.

In 1989 Hazardous Waste (Management and Handli ng) Rules were framed, which provided the

list of hazardous chemicals.

The National Forest Policy, 1988 is an extension of 1952 policy. Large portion of the forest land

had been used for non-forest use. This affected the flora and fauna. This had necessitated re-

examining the forest policy for the maintenance of environmental stability through preservation

and restoration of ecological balance, conservation of the remaining forest for the posterity,

meeting the basic needs of the rural and tribal people, maintaining the relation between forest and

tribes. In order to conserve the biological diversity, a network of sanctuaries, national parks,

biosphere reserves and other protected areas- necessary steps are to be taken.7

The Eco-mark Scheme of India: The environment is under threat from rapid industrialization,

unplanned urbanization and changing consumption patterns in the race to achieve better living

standards. The Eco-Labeling Scheme introduced in 1991 by Indian Government aims to increase

the environmental awareness amongst the citizens.With this scheme the Government aimed to

encourage citizens to purchase products, which are environmental friendly and intend to improve

the environment and encourage the sustainable management of resources.

Noise is a silent killer. The Noise Pollu tion (Regulation and Control ) Rules, 2000

There is a difference between sound and noise. When the sound increases to an unbearable level

it becomes noise. The sources of noise are many. Industrial activities, construction activities,

generators, loud speakers, public address systems, music systems, vehicles and most of the

electronic gadgets which the man created for his comfort and luxury are the various sources of

7Ibid at p. 959


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noise. Noise not only spoils the physical health but also affects the mental and psychological

health. One should regulate and control noise production so as to maintain the limits. The draft of

Noise Pollution (Control and Regulation) Rules, 1999 was published under the notification of the

Government of India, inviting objection and suggestion from all the persons likely to be affected

thereby and they were received from the public in respect of the said draft rules have been duly

considered by the Central Government. And it resulted into The Noise Pollution (Regulation and

Control) Rules, 2000 s. According to these rules the State Government shall categorize industrial,

commercial, and residential or silence zones and implement noise standards. Use of loudspeakers,

amplifiers, beats of drum and tom-tom are prohibited except with the permission of the authorities.

The Bio-Medical Waste (Handl ing and Disposal) Rules, 1998

The services in the medical field are developed ten bound. Naturally the waste as a bye product to

medical industries is also increased by ten bounds. Nursing homes, veterinary hospitals, pathology

laboratories and blood banks generate biomedical waste.With a view to control the indiscriminate

disposal of hospital waste/bio medical waste, the Ministry of Environment & Forest, Govt. of India

has issued a notification on Bio Medical Waste Management under the Environment (Protection)

Act. These rules deal with collection, reception, storage, treatment and disposal of the bio medical

waste. Of course, those hospitals, clinics, blood banks which provide treatment to less than 1000

patients are exempted from these rules. The occupiers of the above mentioned industries have to

install facilities in their respective premises to dispose of the waste created by them. The waste is

to be segregated at the point of generation itself into containers and bags to facilitate the disposal.

The MAB and Coastal Regulation Zone:

The Man and Biosphere (MAB) Programme of UNESCO was launched in 1971. The aim of the

programmes is to develop a base for rational use or conservation of natural resources while

improving the relationship between the man and environment. The objective is very noble. Thisprogramme predicts the consequence of the interventions from which we can asses the future

affects of the interventions which in turn will help man to manage his natural resources in a

judicious way.It also aims to fill the still significant gaps in the understanding of the structure and

function of ecosystems and of the impact of different types of human intervention.


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Man and Biosphere programmes are supervised by the International Coordinating Council. In the

year 1971 it organized the first session. The theme was 'conservation of natural areas and genetic

material they contain'. The concept of the Biosphere Reserve is introduced under this scheme,

which was intended to be a series of protected areas linked through a coordinated international

network, which would demonstrate the value of conservation and its relationship with development.

The concept which is very innovative in nature made it possible to combine nature conservation

with scientific research, environmental monitoring, training, demonstrations, environmental

education and local participation.

In the year 1976 the programme is initiated. Steadily, the network has grown. By 1984 it consisted

of total of 269 in 74 countries. In this period, cooperation with other international organizations

involved with conservation and sustainable development has been strengthened; particularlyinvolved are the Food and Agriculture Organization (FAO), the United Nations Environment

Programme (UNEP) and the International Union for Conservation of Nature and Natural Resource

(IUCN). The representatives play a role by meeting regularly to monitor and coordinate the actions.

Each Biosphere reserve should consist of the following:

Nature or Core Zone: The name itself indicates the nature of the zone. In this zone the interference

of the human beings should be very minimal. When research, educational and training

programmes are conducted they should be less manipulative.

Manipulative or Buffer Zone: Here the manipulations should be allowed but in controlled way.

Research may be conducted. Other activities such as timber extraction, hunting, fishing and

grazing carried in controlled manner.

Reclamation of Restoration Zone: This zone is meant for re-creation by man. There are certain

places where the ecology was good the biological process were carried out in a natural way. But

the human intervention spoiled the scenario. The rare species might have extinct. This zone needs

restoration and reclamation to its natural stage.

Stable Cultural Zone: Man tends to interfere with the nature carry out the activities which cause

harm to the ecology. Here, the culture should be safeguarded. The practices which are


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environmental friendly should be executed. To achieve the purpose the cooperation of the local

communities is very much needed. Local residents and their activities should be strictly controlled.

In India the coast line is very lengthy which runs to 7860 km. The coastal line consists of Malvan

(Maharashtra), Okha (Gujarat), Mandapam (Tamil Nadu), Gangetic Sundarbans (West Bengal) as

well as Lakshadweep and Andaman group of islands which are rich with regard to the marine flora

and fauna. When we are blessed with the natural resources, it is our duty to safeguard it and pass

it on to our posterity.

Status of Marine Biosphere Reserve in India:

In order to preserve and protect the unique and ecologically important plant and animal species,

attempts are being made to conserve some of the vulnerable areas along the Indian coast line as

Biosphere Reserve. The Indian National Man and Biosphere Reserve Committee constituted a

core committee in 1974 to identify areas for Biosphere Reserves. As per the guidelines the

committee identified fourteen sites as potential Biosphere Reserves out of which five are Marine

Biosphere Reserves. 8

The Government of India proposed that no permanent constructions should be undertaken within

500meters of the high-tide line in 1981. Till 1991 no action was taken. Then a notification was

issued in the form of Coastal Regulation Zone Notification, 1991.

Coastal environment helps human in maintaining good health, it provides wealth through its rich

flora and fauna. This made man greedy and demographic pressures on Coastal resources started

increasing. An integrated and ecologically and socially sustainable Coastal zone management

system is necessary because one fourth of Indias population lives in Coastal areas. Many large

cities and urban habitations are also near the seacoast.

To achieve this goal one must seek the power of partnership among all stakeholders. The Kolleru

lake experience shows that the economically and socially underprivileged sections of the coastal

communities and the ecological, scenic and cultural security of coastal areas should become

8http://www.unesco.org/mab/mabProg.shtml


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mutually reinforcing. We cannot afford to forego our coastal area because the reclamation and

restoration is very difficult. All these decades the Government did not tap the coastal line for

economic purposes. But they are productive habits and are very rich in biodiversity. India has a

coastline of about 7,500 kms of which the mainland accounts for 5,400 kms. Lakshadweep coasts

extend to 132 kms and Andaman & Nicobar Islands have a coastline of about 1,900 kms. Nearly

250 million people live within a distance of 50 kms from the coast. The coastal zone is also

endowed with a very wide range of coastal ecosystems like mangroves, coral reefs, sea grasses,

salt marshes, sand dunes, estuaries, lagoons, etc., which are characterized by distinct biotic and

abiotic processes.

The Notification which is issued in 1991 by the Government of India prohibits certain activities. For

example such as setting up of new industries and expansion of existing industries are prohibited.Those industries which are directly related to water front or directly needing offshore facilities are

given exemption. But the notification prohibits manufacturing, handling, storage, and disposal of

hazardous substances. It also prohibits the discharge of untreated wastes and effluents from

industries, cities, towns and other human settlements. The notification also prohibits land

reclamation, bunding, disturbing the natural course of sea water. The coastal Regulation Zone

notification categorized the coastal zone into four. CRZ -I areas are those which are ecologically

sensitive and is notified as no development zone (NDZ). CRZ -II comprises such notified

municipal areas which have already been developed. Construction on the landward side is

permitted. CRZ -III areas are relatively undisturbed and do not belong to CRZ -I and CRZ-II. The

200 meter zone from the HTL is the no development zone.9 Till date the Government issued as

many as 50 notifications regarding the coastal zone management, delegation of powers etc.

The Constitut ional Provisions:

Article 14 of the Indian Constitution envisages that the State shall not deny to any person equality

before the law or the equal protection of the laws within the territory of India. This corroborates with

the Principle 1 of UN conference on Environment which observes that the man has the

9Coastal Zone Regulation Notification, 2000


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fundamental right to freedom, equality and adequate conditions of life, in an environment of a

quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect

and improve the environment for present and future generations. In this respect, policies promoting

or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression

and foreign domination stand condemned and must be eliminated. 10

48A. Protection and improvement of environment and safeguarding of forests and wild life.The

State shall endeavour to protect and improve the environment and to safeguard the forests and

wild life of the country.

This amended article is in compliance with the principle 4 of the UN Conference, which stressed

upon the Principle 4 mans special responsibility to safeguard and wisely manage the heritage of

wildlife and its habitat, which are now gravely imperiled by a combination of adverse factors.

Nature conservation, including wildlife, must therefore receive importance in planning for economic

development.11

Article 51 A (g): to protect and improve the natural environment including forests, lakes, rivers and

wild life, and to have compassion for living creatures;

The Tribes of India believe that natural resources of the earth, including the air, water, land, flora

and fauna and natural ecosystems are the debt, which is to be paid to the posterity. Hence they

must be safeguarded for the benefit of present and future generations through careful planning or

management.

Public Interest Li tigation and Environment:

The enactments are plenty and the rules associated with the Act are umpteen. There have been

initiatives from the legislature and the executive but it is the Indian judiciary which has taken a lead

in terms of the actual immediate effects in the matters of the environment. Failure of the

governmental agencies to implement the laws made, prompted the NGO and Public to approach

the Courts as a last resort.

10UN Conference on Human Environment held at Stockholm between5

th-16

thJune, 1972.

11Ibid


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Though the credit for the evolution of environmental jurisprudence in India goes to the Supreme

Court, which cannot be denied by any chance, it was the 1997 Magsaysay Award Winner for Public

Service, MC Mehta- who used PIL to protect the environment in India very wisely. Others also had

a share in this practice.

a) Andhra Pradesh Polluting Industries Case: Nakka Vagu was a fresh water streamwhich provided fresh water for drinking and irrigation to the villagers living in 14 villages

adjacent to it. But the indiscriminately set up 250 industries which did not fulfill the

condition of setting up water treatment plants turned the stream into a huge drain carrying

industrial effluents. The Supreme Court directed that an amount of 20 million should be

paid to the farmers who had lost their crops and cattle due to air and water pollution. Theauthorities are directed monitor setting up of set up pollution control devices by the

polluting industries.12

b) Antop Hill case: At Antop Hill, in the heart of Mumbai (them Bombay) a large-scalechemicals storage center for hazardous chemicals was proposed to be set up. Nearly 1.5

million people living around the area will be staking their safety by this proposal. A Public

Interest Litigation was filed in the Supreme Court of India against this. The Apex Court

reacted positively and directed for the stoppage of the industries and storing of such

chemical in that particular area. 13

c) Aquaculture case: As already mentioned above the coastal belt of India (especially thecoastal states of Orissa, Andhra Pradesh and Tamil Nadu) is very lengthy and rich in flora

and fauna. Prawn farming by small farmers was done on a small scale in the past. But

once it has been commercialized by the big industrial houses and multinationals the

degradation started in every aspect. The methods implemented by them were

unscrupulous, unplanned and unscientific. These practices destroyed the livelihood of the

small farmers. Thousands of hectares of fertile lands affected. Salinity in the ground waterhad increased which resulted in the scarcity of drinking water. The neighbouring lands are

affected and have become totally useless for crops.

12(1996) 6 SCC 26

13W.P. 12179/1985


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In this backdrop S. Jagannath a social worker and Gandhian filed a writ petition in the

Supreme Court praying for the protection of coastal ecology and lives and livelihood of

thousands of small farmers and fishermen. The Supreme Court of India reacted positively

and held that intensive prawn culture within 500 mtrs of High Tide Line and within 1000

mtrs of Chilka Lake and Pulicat Lake should be banned. An Authority under the

Chairmanship of a retired Supreme Court Judge was ordered to be constituted by the

Central Govt. under Environment Protection Act 1986 to implement the principles of

'Precautionary Principle' and the 'Polluter Pays Principle' to assess the loss to ecology and

recover the cost of eco-restoration and amount of compensation from the polluters. 14

d) Brick Kiln Case: New Delhi Metropolitan authority drafter a Master Plan in the year 1990.According to that plant Brick Kilns were categorized as H. The Supreme Court of India

directed them to close down their industries or alternatives they can be shifted outside

Delhi limits within three years of the master plan coming into effect. Applications were filed

by the brick kiln owners of Delhi for modification of the order in which the applicants had

been directed to surrender the land without being paid any compensation. Their contention

is that In the Master Plan of 1990, brick kilns were not shown as a category H industry. But

the Delhi pollution Control Committee in their report submitted to the Supreme Court on

1996 appraised the fact that 246 brick kilns are operating in NCT of Delhi. While ordering

closure and shifting of these industries in Delhi the Supreme Court in their earlier judgment

had directed that the use of the land which would become available on account of

shifting/relocation of brick kilns shall be permitted in terms of the order of 10th May, 1996.

It was also stated that that brick kilns shall be given incentives and brick kiln should shift to

fly ash technology. The Court in their order held that with the closure of brick kilns or the

change in use to fly ash technology, the owners of the land in which they are situated

would not be under any obligation to surrender the land. To that extent the order of

26/11/96 got modified. The Court also made it clear that this order will not apply to those

brick kilns owners who have availed this Court order dated 26/11/96 and have benefited in

the same in the matter of relocation.15

14AIR 1988 SC 1037

15(2000 6 SCALE 315]


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e) Coastal areas case: As already been discussed in this article the Coastal ZoneRegulation Notification had come into existence in the year1991. In spite of the notification

no coastal States had formulated coastal zone management plan. The result is haphazard

constructions and industrial activities are permitted in these areas. It lead to the large scale

damage to coastal ecology and loss of livelihood to lakhs of fishermen and other

indigenous communities dependent on marine resources. Indian Council for Enviro- Legal

Action (ICELA) filed a Public Interest Litigation for the protection of coastal zone according

to the notification issued by the Government of India. Supreme Court delivered a landmark

Judgment banning industrial/ construction activity within 500 mtrs of the High Tide Line

and set a time limit for the coastal states to formulate coastal management plans. 16

f) Delhi ridge case: To save the Delhi ridge from destruction an order from the SupremeCourt was obtained directing NCT of Delhi to declare it as 'Reserved Forest'. 17

g) Delhi sewage treatment plant case: New Delhi, the capital of India does not haveenough number of sewage treatment plants. There is no scarcity for the slums and millings

of poor live along the banks of River Yamuna, which is high polluted. It is causing health

hazards. The Supreme Court gave a time bound programme to the Delhi Municipal

Corporation for setting up of treatment plant in 16 different localities in this case. 18

h) Environmental awareness and education case: The social workers, NGOs and thepublic spirited lawyers in India are well aware of the facts that moving the Supreme Court

by way of Public Interest Litigation is not sufficient to abate the environmental pollution.

Prevention is better than cure. This can be achieved by educating the general public. Their

awareness can help in combating the problem on a major scale. The Supreme Court of

India directed that all over the country the cinema theaters shall exhibit two slides free of

cost on environment in each show failing which their licenses will be cancelled. For

televisions a minimum 5 to 7 minutes will be given by the television network in the country

to televise programmes on environment apart from giving a regular weekly programme on

environment. Environment has become a compulsory subject up to 12th standard from

16AIR 1987 SC 965

17(1996) 8 SCC 462

18WP No 13381/1984


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academic session 1992 and University Grants Commission will also introduce this subject

in higher classes in different Universities.19

i) Gamma Chamber Case: Against the hazardous radiation a PIL was filed in the ApexCourt. The Courts timely intervention saved the students and teachers of Jawaharlal

Nehru University (JNU) from the radiation of Gamma Chamber, New Delhi..20

j) Ganges Pollu tion Case: Hindu mythology and puranas speak very high about the sanctityand purity of River Ganga. In practice is the most polluting river. The river which passes

through various states of India has thousands of polluting industries on its bank. The

Supreme Court of India reacting to the public interest litigations has passed several

judgments and a number of Orders against polluting industries numbering more than fifty

thousand in the Ganga basin. In this case, apart from industries, more than 250 towns and

cities have been ordered to put sewage treatment plants. Six hundred tanneries operating

in highly congested residential area of Kolkata have been shifted out of the City and

relocated in a planned Leather Complex in the State of West Bengal. A large number of

industries were closed down by the order of the Supreme Court of India with a rider that

they can reopen their industries only after they set up effluent treatment plants for control

of pollution. As a result of these directions millions of people have been saved from the

effects of air and water pollution in Ganga basin covering 8 states in India. 21

k) Ground Water Depletion Case: Scholars all over the world reiterate the fact t it is not thewater scarcity which is troubling the human beings. It is the lack of water management

which is the root cause of the water problem. Unsystematic and unscientific tapping of

groundwater all over the country had led to alarming fall in the levels of groundwater.

Ground Water Board prepared a date which showed a near crisis situation developing in

many areas of the country. Adding fuel to the fire the industries started discharging the

toxic effluents without treating them. This further worsened the situation by contaminating

the ground water which was already facing the decline in ground water levels. Either the

Central Pollution Control Board or the State Pollution Control Boards were not in a position

to either assess the extent of ground water contamination or identify the sources of

contamination. The ground water board had no teeth or legal authority to take action

19W.P. 860/1991: Decided on 22

ndNovember 1991

20W.P. 4677/1985

21AIR 1987 SC 1086


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against offending parties. Once again the Supreme Court of India reacting positively

delivered a land mark judgment in this particular case. The judgment provided teeth to the

Ground Water Board by investing with legal powers under the Environment Protection Act

1986 to issue licenses and take action against polluters even to the extent of closing down

of offending industries. 22

l) Kamal Naths Case: The irony of this case is that a Public Interest Litigation was filedagainst the family members of Kamal Nath, the Minister of Environment and Forests, Govt.

of India. The family members of the Minister own the Span motel in the State of Himachal

Pradesh. They diverted the Course of River Beas to beautify the motel. Other than this

they have encroached upon some forest land. The Supreme Court of India had directed

the owners of the Motel to hand over the forest land to the Govt. of Himachal Pradesh and

further order the removal of all sorts of encroachment spending the money from their own

pocket. In this particular case the polluter pays principle was evolved.

The Court said that polluter must pay to reverse the damage caused by his act and

imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as exemplary

damages. The Supreme Court of India recognized two most important environmental

principles viz.,Polluter Pays Principle and Public Trust Doctrine. 23

m) Relocation Polluting Industries: In spite of the Master Plan of the MetropolitanAuthorities in New Delhi, thousands of industries have flourished. All most all the industries

are hazardous and polluting in nature and caused severe health hazards to the general

public of the city. In spite of the ban, these industries continued to operate in Delhi in

violation of the Master Plan and Environmental laws. Public Interest Litigation was filed

against all these industries. In the year 1996 the apex Court directed all the industries to

be closed and in turn they can relocate themselves in the neighbouring Gurgaon. More

than 1300 major polluting and hazardous industries were closed down in Delhi.24

n)

Taj Trapezium Case: In and around Agra, several industries were set up. The Mathura

Reinery, iron foundries, glass and other chemical industries are first and foremost amongst

them. Taj Mahal is known for its beauty and magnanimity all over the world. The

Government of India and State Government of Uttar Pradesh earn crores of rupees each

22W.P. 1996 decided on 17

thSeptember 2002

23W.P. 182/1996 Decided on 15

thMarch 2002

24W.P. 4677/1985


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year though tourists from all over the world. This heritage construction was also the victim

of environmental pollution because of the toxic emissions released from the above

mentioned industries. Along with Taj Mahal another 255 historic monuments within the Taj

trapezium were also facing serious threat because of acid rain. The Petition was filed in

the year 1984. The Supreme Court of India delivered a historic Judgment in December

1996. The apex Court gave various directions including banning the use of coal and coke

and directing the industries to switch over to Compressed Natural Gas (CNG). 25

o) Vehicular Pollution Case: Banks are luring youngsters with less interest loans for thevehicles. Indian roads are not meant for so many numbers of vehicles. A Committee

headed by a Supreme Court judge, along with three more members recommended various

measures for the nationwide control of vehicular pollution. Thus alternatives for petrol

came into existence. Especially in Delhi natural gas and other fuels have been in use after

the Committees Report. After 1995 in all most all the metros lead petrol use had come into

existence. To supply Compressed Natural Gag CNG outlets are established. As a capital

of this vast country Delhi had to set up an example and as a result of this case, Delhi

became the first city in the world whose public transport runs only by Compressed Natural

Gas.26

The list of cases mentioned in this paper is only illustrative of the judicial activism in the field of

environmental jurisprudence by the Supreme Court of India. This is not an exhaustive list.

As far as MC Mehta is concerned every Friday a courtroom has been set aside just to adjudicate

Mehta's cases. In He had been working to ban intensive shrimp farming and other damaging

activities along the coastal line. Mehta has succeeded in getting new environmental policies

initiated and has brought environmental protection into India's constitutional framework. He has

almost single-handedly obtained about 40 landmark judgments and numerous orders from the

Supreme Court against polluters, a record that may be unequaled by any other environmental

lawyer in the world.27

25AIR 1997 SC 734

26 W.P. 13029/1985: Decided on 14th November, 1990

27 www.goldmanprize.org


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Not only had those cases contended by Mr. Mehta, Supreme Court decided several other cases

such as Center for Social Justice [Janvikas] V. Union Of India28 , R.A. Goel v. Union of India and

Others29 , Narmada Bachao Andolan v. Union of India & Others 30, All India Mobile Zoo Owners

and Animal Welfare Association v. Union of India 31, Comdr. Sureshwar D.Sinha and Ors v. Union

of India 32, C. Kenchappa and Ors v. State of Karnataka 33t, M/s Chandmari Tea Co. and another v.

State of Assam 34, D.K. Joshi v. Chief Secretary, State of UP 35, Suo Motu v. Vatva Industries

Association Ahmedabad 36 and there are umpteen number of cases the Apex had decided and has

been deciding in the interest of the public. In India, the credit of evolution of environmental justice

goes to the Supreme Court of India and the public-spirited lawyers.

28Spl. C. A, GJLR Vol. XLI (3) 2000, 1997 [

29 AIUR 200 P&H 320

30 (2000) Law Reports of India SC 31931

AIR 2000 Delhi 44932

(2000) 6 SCALE 14633

AIR 2000 SC 257934

AIR 2000 Gauhati 1335

AIR 2000 SC 32436

AIR SC 384


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ANNEXURE

Given below is the list of principles laid down by United Nations Conference on Human

Environment.

Principle 1

Man has the fundamental right to freedom, equality and adequate conditions of life, in an

environment of a quality that permits a life of dignity and well-being, and he bears a solemn

responsibility to protect and improve the environment for present and future generations. In this

respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial

and other forms of oppression and foreign domination stand condemned and must be eliminated.

Principle 2

The natural resources of the earth, including the air, water, land, flora and fauna and especially

representative samples of natural ecosystems, must be safeguarded for the benefit of present and

future generations through careful planning or management, as appropriate.

Principle 3

The capacity of the earth to produce vital renewable resources must be maintained and, wherever

practicable, restored or improved.

Principle 4

Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its

habitat, which are now gravely imperilled by a combination of adverse factors. Nature conservation,

including wildlife, must therefore receive importance in planning for economic development.

Principle 5


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The non-renewable resources of the earth must be employed in such a way as to guard against the

danger of their future exhaustion and to ensure that benefits from such employment are shared by

all mankind.

Principle 6

The discharge of toxic substances or of other substances and the release of heat, in such

quantities or concentrations as to exceed the capacity of the environment to render them harmless,

must be halted in order to ensure that serious or irreversible damage is not inflicted upon

ecosystems. The just struggle of the peoples of ill countries against pollution should be supported.

Principle 7

States shall take all possible steps to prevent pollution of the seas by substances that are liable to

create hazards to human health, to harm living resources and marine life, to damage amenities or

to interfere with other legitimate uses of the sea.

Principle 8

Economic and social development is essential for ensuring a favorable living and working

environment for man and for creating conditions on earth that are necessary for the improvementof the quality of life.

Principle 9

Environmental deficiencies generated by the conditions of under-development and natural

disasters pose grave problems and can best be remedied by accelerated development through the

transfer of substantial quantities of financial and technological assistance as a supplement to the

domestic effort of the developing countries and such timely assistance as may be required.

Principle 10


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For the developing countries, stability of prices and adequate earnings for primary commodities

and raw materials are essential to environmental management, since economic factors as well as

ecological processes must be taken into account.

Principle 11

The environmental policies of all States should enhance and not adversely affect the present or

future development potential of developing countries, nor should they hamper the attainment of

better living conditions for all, and appropriate steps should be taken by States and international

organizations with a view to reaching agreement on meeting the possible national and international

economic consequences resulting from the application of environmental measures.

Principle 12

Resources should be made available to preserve and improve the environment, taking into account

the circumstances and particular requirements of developing countries and any costs which may

emanate- from their incorporating environmental safeguards into their development planning and

the need for making available to them, upon their request, additional international technical and

financial assistance for this purpose.

Principle 13

In order to achieve a more rational management of resources and thus to improve the

environment, States should adopt an integrated and coordinated approach to their development

planning so as to ensure that development is compatible with the need to protect and improve

environment for the benefit of their population.

Principle 14

Rational planning constitutes an essential tool for reconciling any conflict between the needs of

development and the need to protect and improve the environment.


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Principle 15

Planning must be applied to human settlements and urbanization with a view to avoiding adverse

effects on the environment and obtaining maximum social, economic and environmental benefits

for all. In this respect projects which arc designed for colonialist and racist domination must be

abandoned.

Principle 16

Demographic policies which are without prejudice to basic human rights and which are deemed

appropriate by Governments concerned should be applied in those regions where the rate of

population growth or excessive population concentrations are likely to have adverse effects on the

environment of the human environment and impede development.

Principle 17

Appropriate national institutions must be entrusted with the task of planning, managing or

controlling the 9 environmental resources of States with a view to enhancing environmental quality.

Principle 18

Science and technology, as part of their contribution to economic and social development, must be

applied to the identification, avoidance and control of environmental risks and the solution of

environmental problems and for the common good of mankind.

Principle 19

Education in environmental matters, for the younger generation as well as adults, giving due

consideration to the underprivileged, is essential in order to broaden the basis for an enlightened

opinion and responsible conduct by individuals, enterprises and communities in protecting and

improving the environment in its full human dimension. It is also essential that mass media of

communications avoid contributing to the deterioration of the environment, but, on the contrary,

disseminates information of an educational nature on the need to project and improve the

environment in order to enable mal to develop in every respect.


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Principle 20

Scientific research and development in the context of environmental problems, both national and

multinational, must be promoted in all countries, especially the developing countries. In this

connection, the free flow of up-to-date scientific information and transfer of experience must be

supported and assisted, to facilitate the solution of environmental problems; environmental

technologies should be made available to developing countries on terms which would encourage

their wide dissemination without constituting an economic burden on the developing countries.

Principle 21

States have, in accordance with the Charter of the United Nations and the principles of

international law, the sovereign right to exploit their own resources pursuant to their own

environmental policies, and the responsibility to ensure that activities within their jurisdiction or

control do not cause damage to the environment of other States or of areas beyond the limits of

national jurisdiction.

Principle 22

States shall cooperate to develop further the international law regarding liability and compensation

for the victims of pollution and other environmental damage caused by activities within the

jurisdiction or control of such States to areas beyond their jurisdiction.

Principle 23

Without prejudice to such criteria as may be agreed upon by the international community, or to

standards which will have to be determined nationally, it will be essential in all cases to consider

the systems of values prevailing in each country, and the extent of the applicability of standards

which are valid for the most advanced countries but which may be inappropriate and of

unwarranted social cost for the developing countries.


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Principle 24

International matters concerning the protection and improvement of the environment should be

handled in a cooperative spirit by all countries, big and small, on an equal footing.

Cooperation through multilateral or bilateral arrangements or other appropriate means is essential

to effectively control, prevent, reduce and eliminate adverse environmental effects resulting from

activities conducted in all spheres, in such a way that due account is taken of the sovereignty and

interests of all States.

Principle 25

States shall ensure that international organizations play a coordinated, efficient and dynamic rolefor the protection and improvement of the environment.

Principle 26

Man and his environment must be spared the effects of nuclear weapons and all other means of

mass destruction. States must strive to reach prompt agreement, in the relevant international

organs, on the elimination and complete destruction of such weapons. 37

37www.unesco.org