“Peace on Earth depends on our ability to secure our living environment”

-BYSOMYA GUPTA and TANYA VERMA

Introduction

Environmental Degradation

Environmental Degradation in India

The Right to Environment in India

Environmental Jurisprudence in India

Judicial Interpretation of Environmental Laws

Defects in the Environmental Laws of India

Conclusion Reforms

Social FactorPopulation, Poverty, Urbanization

Economic FactorIndustry, Natural Resources, Technology

DEGRADATION

Reasons

Non Respect of Law

Political Influence

Population Poverty

Urban Growth

Poor Infrastructure for Mass

Indian regulation and legal action for specific environmental issues are dealt by various enactment like:

The Indian Penal Code.

The Criminal Procedure Code.

The Factories Act.

The Indian Forest Act.

The Merchant Shipping Act., etc.

Rules and Notification to deal with Environmental Issue are

Hazardous Wastes (Management and Handling) Rules in 1989.

Biomedical Wastes (Management and Handling) Rules in 1998.

Recycled Plastics (Manufacture and Usage) Rules 1999.

Environment (Silting for Industrial Projects) Rules 1999.

Municipal Solid Wastes (Management and Handling) Rules in 2000.

Despite the presence of such diverse laws, the pollution rate has crossed the dead line.

Reason is the “Complication and Enforcement of Law” and “full of Intricacies”

Article 21: Protection of Life and Personal Liberty

Article 48A: Protection and improvement of environment and safeguarding of forests and wild life

Article 51A (g): It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

Union Carbide Corporation v. Union of India & Ors ( Bhopal Gas Tragedy)

Occurrence: 3rd December 1984.Place of occurrence: Bhopal, Madhya Pradesh, India.Company: Union Carbide Corporation.Chemical: Methyl Isocyanate (27 tons)

The Bhopal disaster raised legal, moral and ethical questions about liability- of companies and their subsidiaries. And of Government’s policy to attract industry for Investment while protecting the environment and the citizens. BUT COURT COULDNOT EXCULPATE ANYBODY ALLEGED TO HAVE COMMITTED AN ENVIRONMENTAL CRIME.

The case formed for criminal negligence for gas disaster that killed thousands of people. But it was an Environmental Disaster .

Court verdict came after 25 years on June 7, 2010, sentenced former Union Carbide India Chairman Keshub Mahindra and six others to two years imprisonment and monetary compensation to victims.

Narmada Bachao Andolan vs. Union Of India

Narmada Bachao Andolan of 1985 is the powerful non -violent movement of mass of people against construction of dam on river Narmada. “The ground is loss of land and livelihoods of displaced person and issue of Rehabilitation and Resettlement”.

The petitioners, Narmada Bachao Andolan, challenged the implementation of the ‘Sardar Sarovar’ project on several grounds, ENVIRONMENTAL & SOCIAL is one of them.

Indian Supreme Court cleared the project stating that dam of this size will not cause any ecological disaster. Other Social issue to be addressed separately.

Vellore Citizens Welfare Forum vs. Union of India

Public interest petition - under Article 32 of the Constitution of India

The Case: Pollution caused by discharge of untreated effluent by the tanneries and other industries in the State of Tamil Nadu. The untreated effluent is discharged in river Palar which is the main source of water supply to the residents of the area.

Supreme Court traced the source of the constitutional and statutory provisions for the right to a pollution-free environment as the basic jurisprudence of the land and directed the Central Government to take immediate action under provisions of Environment Act. The Court also referred to “precautionary principle” and the concept of “burden of proof”.

Lack of appropriate skills amongst the law enforcement agencies. Inadequate infrastructural facilities. Lack of proper understanding of environment laws. Lack of coordination among the law enforcement authorities and officers. Jurisdictional conflicts. Shortage of skilled and trained legal personnel.No initiatives are being taken to recruit law officers who possess knowledge, skills and understanding of environmental issues and laws.

NEP 2006, section 5, stipulated the Strategies and Actions for regulatory reforms and substantive reforms.

Institutionalize a holistic and integrated approach to the management of environmental and natural resources, in line with the National Environment Policy.Identify emerging areas for new legislation, in line with the National Environment Policy.

Review the body of existing legislation, in line with the National Environment Policy.

Take steps to adopt and institutionalize techniques for environmental assessment of sector policies and programmes.

Ensure accountability of the concerned levels of Government.

To ensure faster decision making with greater transparency, and access to information, use of information technology based tools will be promoted.

To realize greater decentralization, State level agencies may be given greater responsibility for environmental regulation and management.

Mechanisms and processes would be set up to identify entities of “Incomparable Value” in different regions.

Government of India must ENFORCE the LAW

Take active steps in curbing the factors that degrade the environment- Vellore Case

Focusing on the environmental damage and its remedies- Bhopal Case

Bring Clarity on Jurisdiction- Narmada Case

There must not be any “Conflict of Interest” between environment and development- Narmada Case

Focus shifting to conservation and maintenance of natural environment.

Environmental jurisprudence has been an ever changing stream of policies and enactments.