2ENVIRONMENTIncludes 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)
3Environment 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)
4Environmental Pollution The presence in the environment of any environmental pollutant.- EPA, (1986) (Section 2 (C)
5Handling 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)
6Hazardous SubstanceAny 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)
7Occupier 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.
8Legislations General The Environment (Protection) Act – 1986 The Environment (Protection) Rules – 1986The Manufacture, Storage, and Import of Hazardous Rules – 1989The Manufacture, Use Import, Export and Storage of hazardous Micro-organisms / Genetically Engineered organisms or cells rulesThe Public Liability Insurance Act and Rules and Amendment,The National Environmental Tribunal ActThe National Environment Appellate Authority Act. – 1997The Biomedical Waste (Management and Handing) Rules – 1998The Environment (Site for Industrial Projects) Rules, 1999……….
9The Municipal Solid Wastes (Management and Handling) Rules, 2000 The Ozone Depleting Substance (Regulation and Control) – 2000The Batteries (Management and Handling) Rules, 2001.The Noise Pollution (Regulation and Control) (Amendment) ActThe Biological Diversity ActThe National Green Tribunal Act
10Forest and WildlifeThe Indian Forest Act and Amendment Act, 1927& 1984Prevention of Cruelty to Animals ActThe Wildlife Protection Act and Rules 1973, and Amendment Acts 1972, 1991, 1993 and 20031980 – The Forest (Conservation) Act and Rules, 1980,The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act
11Water The Easement Act – 1882 The Indian Fisheries Act - 1897 The River Boards Act – 1956The Merchant Shipping Act – 1970The Water (Prevention and Control of Pollution) Act 1974The Water (Prevention and Control of Pollution) Cess Act – 1977The Water (Prevention and Control of Pollution) Cess RulesThe Coastal Regulation Zone NotificationCoastal Zone Regulation Rules, 1991The Coastal Aquaculture Authorities Act
12Air The Air (Prevention and Control of Pollution) Act - 1981 The Air (Prevention and Control of Pollution) RulesThe Air (Prevention and Control of Pollution) (Union Territories) Rules
13Other Legislative Measures to Control Environmental Pollution The Shore Nuisance (Bombay and Kolaba) Act, 1853The 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
14The Mines and Mineral Act, 1947 The Factories Act, 1948The Damodar Valley Corporation (Prevention of Pollution of Water) Regulation Act, 1948The Orissa River Pollution Act 1953The River Boards Act, 1956The Merchant Shipping Act, 1958The Industries (Development and Regulation) Act, 1957The Atomic Energy Act, 1962 and the Radiation Protection Rules 1971.The Insecticides Act, 1968The Maharashtra Prevention of Water Pollution Act, 1969Code of Criminal Procedure 1973The Motor Vehicles Act, 1988The Chemical Accidents Emergency Planning, Preparedness and response Rules, 1996Biological Diversity Rules, 2004.
15Noise PollutionWhen 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.
16Source of Noise Pollution 1. Industrial Sources – Factories, IndustriesNon – Industrial SourceLoud-SpeakersAutomobilesTrainsAircraftsConstruction WorkProjection of Satellite in SpaceDomestic apparatus–mixer–grinder, vacuum cleaners, washing machine, air conditioners, Radio, Television etc.
17Law for Controlling Noise Pollution International Convention–Chicago Convention, 1944.Constitution of IndiaArticle 21 Right to decent and wholesome environmentArticle 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 healthArticle 48-A Duty of state to protect natural environmentArticle 51-A (g) Fundamental duty of citizen to protect and preserve environment
18Indian Penal Code, 1860Section 290 – Public NuisanceCriminal Procedure Code, 1973order for Section 133 – Removal of nuisance by District Magistrate or Executive MagistrateCivil Procedure Code, 1908Section 91 – Declaration or Injunction
19Motor Vehicles Act, 1939Railway Act 1890Air Craft Act 1934Factories Act, 1948Law of TortsThe Environment (Protection) Act, 1986The Air Act, 1981The Noise Pollution (Regulation & Control) Rules 2000The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and commerce, production, supply and Distribution) Act, 2003.
20The Constitution of India and Protection of Environment from Pollution 1. Directive Principlesa. 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)
21Fundamental Duties [Article 51 A (g)] Fundamental Right Against Environmental Pollution (or) Right to wholesome EnvironmentArticle Equality before LawArticle 19 - Right to FreedomArticle 21 - Protection of life and Personal LibertyArticle 31 C - Saving of laws giving effect to certain Directive Principles
22Judiciary and Protection of Environment Writ Jurisdictiona. Award of DamagesM. C. Mehta v Kamalnath, AIR 2000 SC 1997-A person who is guilty or causing pollution has to pay damages for restoration of environmentb. Pay CompensationM. C. Mehta v Sri Ram Foods & Fertilizers AIR1987 SC 1086(Oleum Gas Leak Case)c. Prohibition of ActivitiesSubba Rao v State of Himachal PradeshAIR 1989 SC 171d. Not to grant stay in Criminal Proceedings relating to EnvironmentM.C. Mehta v Union of India AIR 1988 SC 1115(Ganges Pollution Case)
23e. 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.Closure of Industries to protect Environmenti. 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 drinkingiii. 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.
24Contributions of the Supreme 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)
26Judiciary 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”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 Indiac. 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.`
27Judiciary and Protection of Rights a. M. C. Mehta v Kamal Nath (1997) I SCC 388The 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 IndiaAIR 1997 SC 1228 - “Forest” includes the area noted in the government records as forest, irrespective of ownership.T. N. Godavarman Thirumulpad v. Union of IndiaAIR 2003 SC 724By destroying nature environment man is committing matricide, having in a way killed mother, Earth.
28d. 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.
29International Conventions for the Protection of Environment or for Curbing Environmental PollutionA. Conventions on Environment and DevelopmentUnited Nations Conference on the Human Environment , 1972 at Stockholmii. The World Charter for Nations , 1982iii. Nairobi Conference on the Human Environment , 1982iv. Rio Convention , 1992v. Johannesburg Convention , 2002
30B. Conventions on Biodiversity and Species i. Ransom Convention on Wetlands of International Importance especially as Waterfowl Habitat , 1971ii. Bonn Convention on the Conservation of Migratory Species of Wild Animals , 1979C. World Heritage Convention , Paris 1972Conventions on Marine PollutionConventions on Global ClimateUnited Nations Framework Convention on Climate Change , 1992ii. The Kyoto Protocol
31Conventions on Air Pollution i. Vienna Convention for the Protection of Ozone Layer , 1985ii. Montreal Protocol on Substances that Deplete the Ozone Layer , 1987 as amended in 1990 Helsinki Declaration on the Protection of Ozone Layer , 1989Other Conventionsi. Basel Convention on the Control of Trans boundary Movement of Hazardous wastes and their Disposal , 1989ii. Stockholm Convention on Persistent Organic Pollutants ( POPs ) , 2001