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This article discusses the various environmental laws in India, the role of the judiciary in developing the field of environmental laws and why a pollution-free environment is an essential fundamental right.
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The recent gas leaks of Visakhapatnam and Chattisgarh makes us realise the importance of a good and healthy environment which plays a big factor in improving the quality of life. This article discusses the various environmental laws in India, the role of the judiciary in developing the field of environmental laws and why a pollution-free environment is an essential fundamental right.
United Nations Conference on the Human Environment, Stockholm, 1972 This was the first United Nation convention on environmental issues. It is the foundation of environmental law around the whole world. 25 principles were elucidated concerning the environment.
The Most Notable Principles • It recognised human rights as a part of environmental protection and therefore the right to quality environment is a fundamental right of a human. • Promotion of sustainable development. Non-renewable resources must be used in such a manner as to guard these resources from exhaustion in the future.
Man has the fundamental duty to protect the wildlife and its habitat. • States have the duty to protect and preserve the environment and to develop such laws which promote sustainable development.
Know about Environmental Law in India In India, there are multiple legislations for the protection of the environment. • The Forest (Conservation) Act, 1980 • The Wildlife Protection Act, 1972 • The National Green Tribunal Act, 2010 • The Air (Prevention and Control of Pollution) Act, 1981 • The Water (Prevention and Control of Pollution) Act, 1974
About Ministry of Environment, Forests and Climate Change The Central authority prescribed in Section 3(3) is the Ministry of Environment, Forests and Climate Change (MoEFCC). MoEFCC was first established in 1985 with a different name, Ministry of Environment and forest. It is the administrative body of the Central Government for the planning, promoting, coordinating and overseeing the execution of India’s environmental policies and programmes.
Penalty for Environmental Damage Section 15 prescribes the punishment for non-compliance which is imprisonment that may extend till 5 years and/or fine which may extend to one lakh rupees. The penalty can be imposed on individuals, companies and governmental departments. As per Section 15(1), if the non-compliance continues, a penalty of additional Rs 5,000 for every day till the non-compliance exists.
Effect on Human Lives Enjoyment of a pollution-free environment is directly in relation to the quality of life. As the environment, which includes natural resources, are essential for a healthy life, any pollution or damage to the environment could have adverse effects on human beings. This has been proven by various incidents that changed the jurisprudence of environmental law in India.
Bhopal Gas Tragedy On the fateful night of December 2, 1982, India faced the biggest chemical leak the world had ever seen. Methyl isocyanate, a highly toxic chemical, leaked from the pesticide factory of Union Carbide India Limited made Bhopal a gas chamber. It was the first and the biggest environmental disaster that India has faced.
M.C. Mehta vs Union of India, 1986 Shriram Industries was engaged in manufacturing of hazardous substances and was located in a densely populated area of Kirti Nagar, Delhi. There was a leakage of oleum gas because of which one person died and several people were hospitalized. This incident was more feared because it took place after only 1 year of the Bhopal Gas tragedy. The legal implications of this case will be discussed in the section of ‘liability’
Establishment of the Tribunal According to Section 3 of the National Green Tribunal Act, the central government has the duty to establish a Tribunal which will have the jurisdiction of issues related to environmental preservation and protection. The Tribunal benches have been divided into 4 zones that are West Zone (Pune), Central Zone (Bhopal), Southern Zone (Chennai) and Kolkata (Eastern Bench). Powers of the Tribunal • Relief and compensation to the victim to pollution. • Restitution for property damaged or for the damage caused to the environment.
Role of Indian Judiciary in Developing Indian Environmental Law • Sustainable development • Precautionary Principle • Polluter Pays Principle • Public trust
Liability In the M.C. Mehta vs Union of India, 1987, the concept of absolute liability was devised. The relevance of the strict liability, which was devised in Ryland vs Fletcher, 1868, was discussed. Strict liability provides that a person who brings to his land any inherently dangerous or hazardous thing which is escaped would cause damage to others, has the responsibility to keep it secure. If it escapes the property, he is prima facie liable for the damage.
Conclusion India faced its biggest environmental disaster in 1982. But then India was not ready to face it as there were no definitive and absolute laws to protect and preserve the environment. But since that incident, India has come a long way in the field of Environment protection. In the past 38 years, an umbrella legislation, Environment (Protection) Act was enacted, right to pollution-free environment was recognised as a Fundamental Right under Article 21, various principles like Sustainable Development were adopted and special tribunals were created for dealing with environmental issues.
