Question no.

a) Explain the importance of Stockholm Declaration in EL?

b) Write a short note on World Summit on Sustainable

Development Johnsberg

Answer:

Explain the importance of Stockholm Declaration in EL?

The 1972 United Nations Conference on the Human Environment in

Stockholm was the first world conference to make the environment a major
issue. The participants adopted a series of principles for sound management
of the environment including the Stockholm Declaration and Action Plan for
the Human Environment and several resolutions.

The Stockholm Declaration, which contained 26 principles, placed

environmental issues at the forefront of international concerns and marked
the start of a dialogue between industrialized and developing countries on
the link between economic growth, the pollution of the air, water, and
oceans and the well-being of people around the world.

The Action Plan contained three main categories: a) Global Environmental

Assessment Programme (watch plan); b) Environmental management
activities; (c) International measures to support assessment and
management activities carried out at the national and international levels. In
addition, these categories were broken down into 109 recommendations.

The Stockholm Declaration was also the starting point for the introduction of
concepts and principles into international law that previously were only used
in national legislation. Three of these international legal principles have
come to underpin environmental discourse and law-making.
At the end of the convention 26 principles were adopted and declared by the
participating states. This is known as the Magna Carta of the human
environment. The declaration is divided into 2 parts. The first part contains
seven truths about man and his connection with the environment. It also
contains general observations, such as that men are both creators and
molders of their environment. The protection of the environment is a
pressing issue. It is the desire of the citizens of all the nations and the
responsibility of all the governments to protect and preserve the
environment. The second part contains 26 principles which form the basis of
the international policy for the protection and preservation of the
environment.

The precautionary principle is one of the most prominent and possibly

controversial of these principles. While it existed in national legal frameworks
as early as 1969, the Vienna Convention for the Protection of the Ozone
Layer was the first MEA that codified precautionary measures in 1985. This
recognition was extended in 1987 when governments pledged in
the preamble to the Montreal Protocol on Substances that Deplete the Ozone
Layer their determination to protect the ozone layer by “taking precautionary
measures to control equitably total global emissions of substances that
deplete it.” Following the adoption of Principle 15 of the 1992 Rio
Declaration, which was also the first international instrument to include a
definition of the precautionary principle, many multilateral and regional
agreements, as well as national laws, now include precautionary action in
some form.

The second principle is additionality. Principle 12 of the Stockholm

Declaration recognized additional international technical and financial
resources should be made available to developing countries “to preserve and
improve the environment.” This principle was expanded in the Rio
Declaration, which recognizes developed and developing countries have
“common but differentiated responsibilities” due to their different
contributions to global environmental degradation and in view of “the
technologies and financial resources they command” (Principle 7). Rio
Principle 9 provides for scientific and technological knowledge exchange and
for enhanced development, adaptation, diffusion, and transfer of
technologies.

Finally, the polluter-pays principle (PPP), which had a long history of use at
the national level, was incorporated in Principle 22 of the Stockholm
Declaration. The PPP requires those who produce pollution to bear the costs
of managing it to prevent damage to human health and the environment.
Twenty years later, the PPP was included broadly in Principle 16 of the Rio
Declaration and is contained in numerous legally binding and non-legally
binding international agreements that form a backbone of international
environmental policy.

Write a short note on World Summit on Sustainable Development

Johnsberg

The 2002 World Summit on Sustainable Development (WSSD) convened to

reinvigorate the global commitment to sustainable development and review
the implementation of Agenda 21, the programme of action adopted at
the United Nations Conference on Environment and Development (UNCED,
Earth Summit) ten years earlier. The WSSD adopted two main documents:
the Johannesburg Plan of Implementation and the Johannesburg Declaration
on Sustainable Development. The Plan of Implementation set out a specific
timetable to address some issues, including reducing the rate of loss of
biodiversity by 2010 and halving the number of people without access to
drinking water by 2015. It also strengthened the role of the Commission on
Sustainable Development in continuing international oversight and
monitoring progress on sustainability agreements. The Johannesburg
Declaration outlines the path taken from UNCED to the WSSD, highlights
challenges, expresses a commitment to sustainable development,
underscores the importance of multilateralism, and emphasizes the need for
implementation.

The 2002 World Summit on Sustainable Development in Johannesburg

adopted a Political Declaration and Implementation Plan which included
provisions covering a set of activities and measures to be taken in order to
achieve development that takes into account respect for the environment. In
doing so, this Summit, which saw the participation of more than a hundred
heads of state and government and tens of thousands of government
representatives and non-governmental organizations, resulted, after several
days of deliberations, decisions that related to water, energy, health,
agriculture, biological diversity and other areas of concern.

In the area of water, the Plan of Implementation encouraged partnerships

between the public and private sectors based on regulatory frameworks
established by governments. With regard to energy, the need to diversify the
energy supply was highlighted, as well as the need to add renewable energy
sources to the global energy supply. In the area of health, the commitments
made in the fight against HIV/AIDS were reaffirmed and the emphasis was
placed on the right of States to interpret the Agreement on Trade-Related
Aspects of Intellectual Property Rights in order to promote universal access
to medicines.

On agriculture, comprehensive negotiations on the WTO Agreement on

Agriculture were envisaged and these included market access and the
reduction of export subsidies. With regard to biodiversity, the Plan of
Implementation called for the establishment of an international regime to
ensure a fair and equitable sharing of the benefits arising from the use of
genetic resources. The text included provisions on the Kyoto Protocol on the
reduction of greenhouse gases for those states which had ratified it. Those
which had not yet done so were urged to ratify it without delay. The
provisions also includes the creation of a global solidarity fund for the
eradication of poverty and the launch of ten-year programmes to support
regional and national initiatives aimed at accelerating the transition to viable
production and consumption patterns.

Question 2.

Discuss the role of Judiciary to secure our life be healthy

environment. What are the Constitution mandate to safeguard our
Environment.

Answer. Professor Upendra Baxi, who has often supported the judicial
activism in India, has also said that the “Supreme Court of India” has often
become “Supreme Court for Indians”. By the powers vested in the Judiciary,
and through its activism, it has actively contributed in the strengthening the
fundamental rights granted by the Constitution. In addition to this, the
Stockholm Conference on Human Environment, 1972 has further contributed
in strengthening the environmental law regime in India and also acted as the
facilitating agent behind enacting the 42nd Constitutional Amendment Act,
1972. This amendment has introduced certain environmental duties both on
the part of the citizens (Article 51A(g)) and on the state (Article 48A). Under
the constitutional scheme the legal status of Article 51(A)(g) and 48A is
enabling in nature and not legally binding per se, however, such provisions
have often been interpreted by the Indian courts as legally binding.
Moreover, these provisions have been used by the courts to justify and
develop a legally binding fundamental right to environment as part of right
to life under Article 21. In Asbestos Industries Case the Supreme Court
extensively quoted many international laws namely ILO Asbestos
Convention, 1986, Universal Declaration of Human Rights, 1948, and
International Convention of Economic, Social and Cultural Rights, 1966. In
this case the court dealt the issues relating to occupational health hazards of
the workers working in asbestos industries. The court held that right to the
health of such workers is a fundamental right under article 21 and issued
detailed directions to the authorities. In Calcutta Wetland Case, the
Calcutta High Court stated that India being party to the Ramsar Convention
on Wetland, 1971, is bound to promote conservation of wetlands.

In the Indian Constitution, it was the first time when responsibility of

protection of the environment imposed upon the states through Constitution
(Forty Second Amendment) Act, 1976. Article 48A states that, the State
shall endeavour to protect and improve the environment and to safeguard
the forest and wildlife of the country.” The Amendment also inserted Part VI-A
(Fundamental duty) in the Constitution, which reads as follows: Article 51A(g)
“It shall be duty of every citizen of India to protect and improve the natural
environment including forests, lakes, and wildlife and to have compassion for
living creature.” In Sachidanand Pandey v. State of West Bengal, the
Supreme Court observed “whenever a problem of ecology is brought before
the court, the court is bound to bear in mind Article 48A and Article 51A(g).

The right to a healthy environment has been incorporated directly and

indirectly into Indian top court judgments, with the first link between
environmental quality and the right to life being established in the case of
Charan Lal Sahu Etc. vs. Union of India and Others. In Subhash
Kumar vs. the State of Bihar, the Supreme Court of India construed
Article 21 of the Indian Constitution to hold that the right to life includes the
right to a healthy environment, which includes the right to pollution-free
water and air for full enjoyment of life. The Supreme Court has recognized
the right to a healthy environment as a basic right in this judgment.
The Supreme Court introduced the new concept of "absolute liability" for
disasters arising from the storage or use of hazardous materials from their
factories in M.C. Mehta vs. Union of India & others, also known as the
Oleum Gas Leak case. The enterprise must ensure that no harm has been
caused
whether negligence occurred or not.
The Supreme Court of India held in Vellore Citizen Welfare Forum vs.
Union of India while businesses are important for a country's development,
the doctrine of sustainable development must be adopted by them as a
balancing concept, and the 'precautionary principle' and the 'polluter pays
principle' must also be accepted as part of the law.

The Supreme Court stated in M. C. Mehta vs. Kamal Nath that "any
disruption of the basic environment elements, namely air, water, and soul,
which are necessary for existence, would be hazardous to life." As a result, a
court exercising jurisdiction under Article 32 can award not only damages but
also fines for environmental degradation.

The Gujarat High Court stated in Abhilash Textiles vs. Rajkot Municipal
Corpn. that "the petitioners cannot be allowed to harvest profit at the
expense of the public health.

The environment and development are two sides of the same coin, and none
can be sacrificed for the sake of the other. Both, on the other hand, are
equally important for our better future. In this situation, it is up to the
Supreme Court and the High Courts to handle these matters with extreme
caution; only then will we be able to fulfill our goal of ensuring a pollution-
free developed country for our next generation.

Another issue that needs to be addressed is the location of the industry. In

this regard, it is recommended that, when an industry is hazardous, it is not
to be in a location where many people live or near a colony, considering the
happiness and health of the inhabitant. It pertains to the provisions of
Directives Principles of State Policy Articles 48A and 51A (g).
Public Interest Litigation (PIL) under Articles 32 and 226 of the Indian
Constitution has also played an essential part in protecting the environment,
as most of the Supreme Court's environmental cases are the outcome of this
Public Interest Litigation. These industries or businesses/trades are
sometimes found to be carried on in a way that endangers vegetation cover,
animals, aquatic life, and human health, but we now know that any trade or
business that is harmful to flora and fauna or human beings cannot be
carried on in the name of the fundamental right. In this light, we can only
hope that the judiciary would play an essential role in protecting the
environment and assisting India's industrial development by adopting a
sustainable development policy.

More importance was attached to rights than duties by the supreme law of
the land. But the drafters of the constitution felt that it is necessary to
shoulder the burden of protecting environment between both the state and
the citizens. Also, citizens were more concerned with their rights and started
neglecting their duties. Thus, part IV-A was inserted by The Constitution
(Forty Second) Amendment Act, 1976.

Question 3

(A)‘PIL’-Explores a new horizon for environment Law- Explain the

statement.

(B)Why did the doctrine of Absolute Liability involved estate of

strict Liabilty in Indian Context.

Answer: Public Interest Litigation (PIL) is a legal mechanism that empowers

any person, organization, or group to approach the court on behalf of the
public or for the protection of public interest. PIL in environmental law has
been instrumental in promoting environmental protection and conservation
in India.
The constitution of India recognizes the right to a healthy environment as a
fundamental right under Article 21, which guarantees the right to life and
personal liberty. The constitution also imposes a duty on the State to protect
and improve the environment under Article 48A and 51A(g).

PIL can be filed against both public and private entities who are violating
environmental laws or causing harm to the environment. PIL is often used to
address issues related to environmental protection, pollution control,
conservation of natural resources, and sustainable development.
PIL helps to promote transparency and accountability in governance by
holding public authorities responsible for their actions or inactions regarding
environmental protection. PIL in environmental law has also helped to create
awareness among citizens about environmental issues and their rights. It has
empowered people to take action against environmental violations and seek
redressal from the judiciary.

Although the PIL concept is not covered by any statutes or regulations, it

might be seen as an innovation due to judicial activism. Justice is better
served as a result of the judiciary’s significant contribution to the
development of the litigation’s scope. Even a single letter from any person
can be viewed as a writ petition, Justice Bhagwati noted, and rules, laws, and
procedures may not always be the first concern when it comes to justice.
However, there is another component to this theory. Between judicial
activism and judicial overreach, there is a very fine line. If the Court
exercises its authority by engaging the public, or one may say Suo Moto, it
might be seen as more of interference than an act of justice. It might be
claimed that PIL cases are of relatively less relevance because they largely
ignore the administrative part of justice and concentrate on situations where
compensation is typically awarded as a remedy.

Public Interest Litigation in environmental law has played a significant role in

promoting environmental protection and conservation in India. PIL has
empowered citizens to take action against environmental violations and seek
relief from the judiciary. PIL has also helped to create awareness among
citizens about environmental issues and their rights.

The landmark judgments passed by the Supreme Court in response to PILs

have led to the establishment of various institutions, the adoption of
new environmental laws and regulations, and the implementation of pollution
control measures.
It is therefore, evident that PIL has played an important role in the protection
of natural environmental. It has been proved to be the most potent weapon
in the hands of the environmentalists who want to protect and save the
environment. The judiciary has also used PIL as a tool for protection of the
natural environment and has evolved various principles and doctrines in the
field of environmental jurisprudence in order to save the environment. The
directives of the Supreme Court went to the extent of spreading
environmental awareness, as well as launching environmental education.
PIL gives ordinary citizens, activists, and non-governmental organizations
(NGOs) a platform to seek legal redressal and hold public and private sectors
accountable for their actions. PIL helps to promote transparency and
accountability in governance by holding public authorities responsible for
their actions or inactions regarding environmental protection.

(B) Why did the doctrine of Absolute Liability involved estate of

strict Liabilty in Indian Context.

Answer: Absolute liability is a tort derived from the British concept of strict
liability, but with some changes. It does not give any exceptions to the
defendant to save himself from the wrongful act, which is not the case in
strict liability as it leaves room for the defendant to save himself by proving
that the plaintiff was the wrongdoer, it was vis major (act of god), it was an
act of third party or that there was consent.
The principle of absolute liability was established in India through the cases
which are MC Mehta v UOI and Bhopal gas leakage case. The Hon.
Supreme court of India modified rules laid down the case of Ryland v
Fletcher by the House of lords making it fitting according to the Indian
scenario.
In the case of Ryland v Fletcher, the rule of Strict Liability was reason to
many exceptions hence practically very less rule was left. The old rule being
subject to many exceptions was not capable of making any individual strictly
liable for his negligence. Therefore it was deemed necessary to make a
harder rule for the same purpose.
Indian judiciary’s View
Supreme court of India in M.C. Mehta case said that “Moreover the
principle so established in Ryland v Fletcher of strict liability cannot be
used in the modern era, as the very principle was evolved in 19th century,
and in the period when the industrial By observing the need to modify the
19th century rule of Strict Liability the revolution in India has just begun, this
two century old principle of tortuous liability cannot be taken as it is in the
modern world without modifications”
Justice Bhagwati also stated that the rule of strict liability was evolved in
19th century, the time when industrial developments were at a primary
stage, in today’s modern industrial era of the 21st century society where
hazardous or inherently dangerous industries are required to carry out
development programme, the this old rule cannot be held relevant in today’s
context. Also, individuals cannot feel inhibited by this rule which was evolved
in the context of totally different social and economic structure.The Division
Bench of Andhra Pradesh High Court also in the case of K. Nagireddi v.
Union Of India emphasized the need to alter the old principle and stated its
view that “In India the general rule of Ryland v. Fletcher is accepted,
though. The principle is needed to be modified in its application. to the
Indian consideration”.
The term ‘Absolute Liability’, as misnomer.-
In his judgement, Blackburn ,the judge, referred to the liability as ‘absolute’.
But the liability was in fact strict and in no way was it absolute. The rule
in Rylands v. Fletcher was made subject to so many exceptions that in
reality very little of the rule was left. The recent trend is to limit the scope of
the rule, making the rule adjacent to the modern theory that there shall be
no liability without a fault. In view of the given reasons, the term ‘absolute
liability’ is misnomer and the appropriate term is ‘Strict Liability.
The case of MC Mehta v. Union of India, often referred to as the Oleum
Gas Leak Case, is a landmark decision in Indian environmental law. This
case was triggered by the leakage of oleum gas from one of the units of
Shriram Foods and Fertilizers Industries in Delhi in December 1985, following
closely on the heels of the Bhopal Gas Tragedy. The Supreme Court, led by
Justice P.N. Bhagwati, established the principle of “absolute liability” in this
case.
In 1988, the Supreme Court’s judgment in the Oleum Gas Leak Case held
the industries responsible for proper waste treatment and emphasized the
importance of environmental protection. The Court ordered the
establishment of primary treatment plants and held local authorities
accountable for prevention. The decision allowed the plant to reopen but
imposed strict compliance safety guidelines, reflecting a careful balance
between industrial development and environmental concerns. The Court
introduced the doctrine of absolute liability for corporations engaged in
hazardous industries. This doctrine marked a significant departure from the
traditional principles of tort law, making industries absolutely liable for any
harm caused without exceptions or defenses. The ruling laid a “no-fault”
liability standard, emphasizing the industries .The M.C. Mehta v. Union of
India is a landmark decision that has left a lasting mark on Indian
environmental law. Establishing the Doctrine of Absolute Liability and
broadening the interpretation of Article 21 has influenced many subsequent
legal decisions. This case highlighted the importance of individual rights and
environmental protection and set the stage for future environmental cases in
India. Its ongoing impact on corporate accountability, environmental
awareness, and legal oversight emphasizes the case’s continued relevance
in the Indian legal system. It’s a constant reminder of the need to find the
right balance between growth and protecting our environment.

QUESTION NO. 4

Short-

I. Precautionary Prinicples

II. Inter- Generational Equity

III. Rio Declaration

IV. Doctrine Of Polluter Pays

V. National Doctrine Of Marine Biodiversity

Answer:

I. Precautionary Principles

The precautionary principle is an environmental law principle that allows

protective measures to be taken when there is uncertainty about the risk of
environmental harm.

Precautionary Principle evolved from the lack of scientific certainty and these
principles were coined to safeguard the environment from the anticipated
harm that the environment may suffer and as such to prevent such harm to
be inflicted upon the environment.

In the case of Narmada Bachao Andolan V Union of India, the Apex

court held that when there is an issue pertaining to environmental damage,
the onus of proof lies on the person who is inflicting harm upon the
environment through his actions. The party who is justifying such acts shall
satisfy the court of the same, that there will be no environmental
degradation due to his actions.

II. Inter- Generational Equity

Inter- Generational Equity is a concept that forms the bedrock of the entire
Environmental philosophy. The principle of intergenerational equity states
that every generation holds the Earth in common with members of the
present generation and with other generations, past and future. The principle
articulates a concept of fairness among generations in the use and
conservation of the environment and its natural resources.

In the biodiversity context, the phrase “fair and equitable sharing of

benefits” developed explicitly in relation to genetic resources. While “benefit-
sharing” is a broader concept which includes natural resource management
and ecosystem restoration, however, the specific phrase “fair and equitable
sharing of benefits” typically applies to the benefits arising from utilization of
genetic resources as described in the Convention on Biological Diversity and
its Nagoya Protocol.

In the case of Goa foundation v. Union of India and others, the Supreme
Court has recognized the principle of Intergenerational Equity in the context
of conservation of scare resources like minerals.

III. Rio Declaration

The Rio Declaration on Environment and Development was a short document

produced at the 1992 United Nations Conference on Environment (UNCED),
also known as the Earth Summit. The Rio Declaration consisted of 27
principles intended to guide countries in future sustainable development. Rio
Declaration was signed by 175 countries, thereby, upholding its principles in
consensus. Some principles of this declaration are as follows:
 1. Human beings are at the centre of concerns for sustainable
development (Principle 1): Emphasizes the importance of human
well-being, calling for development that meets the needs of the
present without compromising the ability of future generations to meet
their own needs.

2. Sustainable development (Principle 3): Recognizes that sustainable

development requires balancing environmental protection with
economic and social progress.

3. The right to development (Principle 3): Asserts that every person

has the right to development that improves the quality of life and
preserves the environment for future generations.

4. Precautionary approach (Principle 15): Advocates for precautionary

measures to protect the environment even in the face of scientific
uncertainty, especially where there are threats of serious or irreversible
environmental damage.

5. Public participation (Principle 10): Calls for public participation in

decision-making processes regarding environmental matters, ensuring
that all people have access to information and can participate in
decision-making.

6. The polluter pays principle (Principle 16): Suggests that those who
cause environmental damage should bear the costs of prevention or
remediation.

7. Transboundary harm (Principle 21): States that countries should not

allow activities within their jurisdiction to cause environmental harm to
other countries or areas beyond national boundaries.

IV. Doctrine Of Polluter Pays

Polluter Pay Principle enumerates that the costs of pollution should be

 borne by those who cause it. In other words, those responsible for
generating pollution should bear the financial responsibility for managing
and cleaning up the environmental damage they cause, rather than
shifting the burden to the general public or government.

In India, the ‘polluter pays principle’ was, for the first time, applied and
defined in 1996. In the case of Indian Council of Enviro-Legal Action
vs Union of India, Justice Dalveer Bhandari emphasized on the Polluter
Pays Principle, which mandates that the polluting industries must bear
the cost of environmental damage that is caused by them. This principle
is now widely recognized in Indian environmental law and the Apex Court
further stated that it is the responsibility of the industry to compensate for
the environmental harm, and that they must take appropriate steps to
remedy the damage caused. The Supreme Court’s judgment in the case of
Vellore Citizens Forum v. Union of India and Others, was a landmark
decision addressing the pollution caused by tanneries and other industries
in Tamil Nadu. The court recognised the severity of the pollution and the
urgent need for action to protect the environment and the health of the
resident and set a precursor for the principle of polluters pay principle.

V. National Doctrine Of Marine Biodiversity

Marine biodiversity, the variety of life in the ocean and seas, is a critical
aspect of all three pillars of sustainable development—economic, social and
environmental which aids to keep the environment in a cleaner and healthier
condition, whilst, providing services that upholds well-being and prosperity of
humanity.

The National Centre of Marine Biodiversity (NCMB) is a research and

conservation organization dedicated to the study, preservation, and
sustainable management of marine biodiversity. The National Centre for
Marine Biodiversity (NCMB) is India's first centre of its kind, located in
Jamnagar, Gujarat. Union Minister for Environment and Forests Jairam
Ramesh inaugurated India's first National Centre for Marine Biodiversity
(NCMB) in Jamnagar, Gujarat in 2011. The NCMB is a public-private-
partnership (PPP) project with Reliance Industry. Few objectives are:

 Protecting the marine biodiversity in Jamnagar

 Promoting research on the country's coastal and marine ecosystem

Improving the livelihood of coastal communities .

QUESTION NO. 5

A. Discuss the powers and functions of the National Bio-diversity

Authority

B. Short- State Bio- Diversity Fund

Answer: A. National Biodiversity Authority (NBA) was established by the

Central Government in 2003 to implement India’s Biological Diversity Act
(2002). The NBA is a Statutory Body and it performs facilitative, regulatory
and advisory functions for the Government of India on issues of conservation,
sustainable use of biological resources and fair and equitable sharing of
benefits arising out of the use of biological resources. The Biological Diversity
Act (2002) mandates implementation of the provisions of the Act through a
decentralized system with the NBA focusing on advising the Central
Government on matters relating to the conservation of biodiversity.

The functions of the National Biodiversity Authority are as follows:

 Monitoring and prevention of actions prohibited under the Act.

 Providing advice to the government on how best to conserve

biodiversity in India.

 Prepare a report on how the government can select biological heritage

 sites.

 Make concrete steps to prevent the grant of intellectual property rights

regarding locally used biological resources or allied traditional
knowledge.

Powers of The National Bio-diversity Authority:

 Grant approvals and permissions for access to biological resources.

 Regulate the transfer of genetic resources and traditional knowledge.

 Advise on biodiversity conservation strategies, including policy and

legal frameworks.

 Coordinate with State Biodiversity Boards and local bodies for effective
biodiversity management.

 Monitor compliance with biodiversity laws and international

conventions.

 Safeguard the rights of indigenous communities in relation to

biodiversity resources.

The NBA's role is crucial in ensuring that biological resources are used
sustainably, benefiting local communities while contributing to global
biodiversity conservation efforts.

B. Short- State Bio- Diversity Fund

Answer: The State Fund for Biodiversity Act is a statute enacted to

establish dedicated funds for the conservation and protection of
biodiversity at the state level. The Biodiversity Act 2002 states that the
State Biodiversity Fund shall be applied for:

The management and conservation of heritage sites;

 Compensating or rehabilitating any section of the people economically

 affected by the notification;

 Conservation and promotion of biological resources; socio-economic

development of areas from where such biological resources or
knowledge associated thereto has been accessed; and

 Meeting the expenses incurred for the purposes authorised by this law.

Objectives:

1. Funding for Biodiversity Conservation: The establishment of a

state fund to allocate resources for the conservation of biodiversity,
particularly for endangered species, ecosystems, and critical habitats.

2. Support for Research and Monitoring: Funding for scientific

research, monitoring, and data collection on biodiversity to better
understand ecosystems and species and improve conservation
strategies.

3. Community Involvement: Encouraging local communities to

participate in biodiversity protection through incentives and
educational programs.

4. Incentivizing Sustainable Practices: Promoting sustainable

agricultural, forestry, and fishing practices that protect biodiversity
while supporting economic development.

The State Bio- Diversity Fund is a fund specially allocated for aiding
sustainable practices. Moreover, it promulgates environment friendly
practices that keeps the environment healthy for the next generation.

Question 6

(A)What are the function of National Green Tribunal

Answers: The National Green Tribunal, established in 2010, as per the
National Green Tribunal Act is a specialised judicial body equipped with
expertise solely for the purpose of adjudicating environmental cases in the
country. Recognising that most environment cases involve multi-disciplinary
issues which are better addressed in a specialised forum, the Tribunal was
setup as per recommendations of the Supreme Court, Law Commission and
India’s international law obligations to develop national laws on environment
and implement them effectively .The Tribunal is tasked with providing
effective and expeditious remedy in cases relating to environmental
protection, conservation of forests and other natural resources and
enforcement of any legal right relating to environment. The Tribunal’s orders
are binding and it has power to grant relief in the form of compensation and
damages to affected persons.

The NGT is endowed with significant powers and functions to tackle

environmental issues comprehensively:

o Power to Hear Cases: The tribunal can hear original applications and
appeals under various environmental laws. This includes the Water
(Prevention and Control of Pollution) Act, the Air (Prevention and
Control of Pollution) Act, and the Environmental Protection Act. This
broad jurisdiction ensures all environmental disputes can be
addressed.
o Relief and Compensation: The NGT has the authority to provide
relief and compensation for damages to persons and property. This
function ensures that those affected by environmental harm are
compensated and that remediation measures are implemented to
prevent further damage.
o Enforcement of Orders: The tribunal's orders are legally binding and
can be enforced as if they were decrees of a civil court. This gives the
 NGT the power to ensure compliance with its decisions and take
corrective actions where necessary.
o Imposition of Penalties: The NGT can impose fines and penalties on
individuals or entities violating environmental laws and regulations.
This punitive measure serves as a deterrent to non-compliance and
promotes adherence to environmental standards.
o Expert Assistance: The tribunal can seek the assistance of experts
and specialists to provide informed and technical advice on complex
environmental issues. It ensures that its decisions are well-founded and
scientifically sound.
o Review and Revision: The NGT has the power to review and revise
its own decisions. It provides an avenue for reconsideration and
ensuring that justice is served accurately and fairly.

The National Green Tribunal is a specialized Indian judicial body,

particularly constituted to handle environmental disputes. It was
constituted under the Act of 2010 and was inaugurated on October 18,
2010. NGT looks at providing an effective and quick redressal of cases
concerning environmental protection, conservation of forests, other
natural resources, and enforcement of any legal right related to the
environment. The tribunal deals with issues relating to pollution,
deforestation, waste management, and biodiversity, among other
issues relating to the environment. It also gives relief and
compensation for damages to individuals and property. In general, the
NGT flows from the right to a healthy environment as a fundamental
aspect of the right to life under Article 21 of the Indian Constitution.

National Green Tribunal has been bestowed with powers to decide on

questions for implementing laws mentioned in Schedule I of the NGT Act and
to be heard on all cases which are civil in nature and deals with
environmental issues as follows:
 The Water (Prevention and Control of Pollution) Act, 1974;
 The Water (Prevention and Control of Pollution) Cess Act, 1977;
 The Forest (Conservation) Act, 1980;
 The Air (Prevention and Control of Pollution) Act, 1981;
 The Environment (Protection) Act, 1986;
 The Public Liability Insurance Act, 1991;
 The Biological Diversity Act, 2002.

National Green Tribunal handles every violation related to above laws or any
Government decision or order covered under above laws. However, the
tribunal has been prohibited to hear any issues which are covered under the
Indian Forest Act, 1927, The Wildlife (Protection) Act, 1972, and any other
laws made by States which are related to protection of trees, forests, etc. A
National Green tribunal order can be reviewed as per Rule 22 of the National
Green Tribunal Rules. An order of the tribunal can also be challenged within
ninety days of the same before the Supreme Court, if the review petition
before Tribunal fails.

A National Green tribunal order can be reviewed as per Rule 22 of the

National Green Tribunal Rules. An order of the tribunal can also be challenged
within ninety days of the same before the Supreme Court, if the review
petition before Tribunal fails National Green Tribunal with Headquarters in
Delhi consists of chairperson who should have been retired as Supreme Court
judge. The Judicial members of the tribunal should have been retired as
Judge of the High Courts. National Green Tribunal bench consists of ten
Judicial Members and ten Expert Members. Any person having a professional
qualification with 15 years minimum experience in the subjects of forest
conservation and environment and similar areas can qualify for expert
member. Over the years NGT has emerged as a critical player in
environmental regulation, passing strict orders on issues ranging from
pollution to deforestation to waste management. NGT offers a path for the
evolution of environmental jurisprudence by setting up an alternative dispute
resolution mechanism. It helps reduce the burden of litigation in the higher
courts on environmental matters. NGT is less formal, less expensive, and a
faster way of resolving environment related disputes.

(B)What is need of Public Liablity Insurance Act 1991.

Answer: An Act to provide for public liability insurance for the purpose of
providing immediate relief to the persons affected by accident occurring
while handling any hazardous substance and for matters connected
therewith or incidental thereto.

The Act came into being in the aftermath of the Bhopal Gas Tragedy.

This law requires all enterprises that own or have control

over handling of any hazardous substance, to subscribe to
a “public liability insurance policy cover” whereby they are
insured against the claims from third parties for death or injury or
property damage caused by hazardous substances handled in their
enterprise.

 The compensation payable under this Act is also irrespective

of the company’s neglect. The victims who are exposed to
hazardous substance used by an industry may file a claim with the
Collector within 5 years of the accident.
 On receipt of an application, the Collector, after giving notice to
the owner and after giving the parties an opportunity of being
heard, will hold an inquiry into the claim and may make an award
determining the amount of relief which appears to him to be just.

This law provides liability insurance for the purpose of immediate assistance
to those affected by the accident. While handling hazardous substances and
related matters
that can cause an error. Legal consequences are produced by law because it
is not an adequate Announcement of the provisions of Section 3 of the
law.The growth of dangerous industries affects everyone either directly or
indirectly. Such accidents result in death and injury to people and other living
things and damage personal and public property. Very often, most of those
affected come from economically weaker regions and suffer great hardship
due to late release and compensation. While employees of hazardous
facilities are protected the community is not guaranteed assistance, except
through lengthy legal procedures.

Industrial facilities are rarely willing to easily compensate victims of

accidents, and the only way now available to victims is to bring prolonged
litigation to court. Some units may not have the funds to provide the
slightest assistance.

The Public Liability Insurance Act of 1991 is important because it:

 Protects the public- The act holds businesses accountable for any
harm caused by their activities and ensures that victims receive
compensation.Encourages responsible business practices- The act
promotes responsible behavior among businesses that deal with
hazardous substances.
 Streamlines compensation claims- The act establishes a framework
for making compensation claims more accessible and efficient.
 Provides immediate relief- The act provides immediate relief to
people affected by accidents involving hazardous substances.The act
applies to all owners associated with the production or handling of
hazardous chemicals. It also regulates business owners to take
insurance policies that cover obligations not less than the paid-up
capital of the business and not more than Rs 50 crore.

The act came into force after the Bhopal gas tragedy, which caused the
death of 3,000 people and serious injuries to many others.
The Act came into being in the aftermath of the Bhopal Gas Tragedy.

 This law requires all enterprises that own or have control

over handling of any hazardous substance, to subscribe to
a “public liability insurance policy cover” whereby they are
insured against the claims from third parties for death or injury or
property damage caused by hazardous substances handled in their
enterprise.
 The compensation payable under this Act is also irrespective
of the company’s neglect. The victims who are exposed to
hazardous substance used by an industry may file a claim with the
Collector within 5 years of the accident.
 On receipt of an application, the Collector, after giving notice to
the owner and after giving the parties an opportunity of being
heard, will hold an inquiry into the claim and may make an award
determining the amount of relief which appears to him to be just.

However, the amounts under this Act, as specified in the Schedule, were
stipulated nearly two decades ago. Resultantly, the compensation under the
Act is very meager and the families of victims’ who have died due to the gas
leak or have suffered permanently disability, are entitled only to
a maximum compensation of Rs 25,000, in addition to a maximum of
Rs. 12,500, as reimbursement for medical expenses.

 In cases where a victim has suffered permanent partial disability

or other injury or sickness, the relief available if (a) reimbursement
of medical expenses incurred, if any, up to a maximum of Rs.
12,500 in each case and (b) cash relief on the basis of percentage
of disablement as certified by an authorized physician.
 For loss of wages due to temporary partial disability which reduces
the earning capacity of the victim, a fixed monthly relief not
exceeding Rs. 1,000 per month has been stipulated, up to a
 maximum of 3 months, provided the victim has been hospitalized
for a period exceeding 3 days and is above 16 years of age.
 For any damage to private property, an amount of up to Rs. 6,000
is payable, depending on the actual damage.

QUESTION NO.7

a) What is the meaning of endanger species?

b) Write a short note on nuclear radiation for non-human being.

c) what is the object and function of the forest amendment act,

2023 ?

ANSWER: The Endangered Species Act (ESA) was enacted by Congress in

1973. Under the ESA, the federal government has the responsibility to
protect endangered species ( species that are likely to become extinct
throughout all or a large portion of their range) , threatened species(species
that are likely to become endangered in the near future) , and critical
habitat(areas vital to the survival of endangered or threatened species).

An endangered species is an animal or plant that is considered at risk of

extinction because it is facing significant threats to its survival. Many factors
are responsible for this which may include habitat loss, climate change,
pollution, and other human activities that disturbed the ecosystem. When a
species is classified as endangered, it means that its population strength has
reduced from 50 percent to 5 percent and its continued existence is
uncertain unless conservation efforts are made to protect it. A species can be
listed as endangered at the state, federal, and international level. On the
federal level, the endangered species list is managed under the endangered
species act.

The Endangered Species Act has lists of protected plant and animal species
both nationally and worldwide. When species is given ESA protection, it is
said to be a “listed” species. Many additional species are evaluated for
possible protection under the ESA, and they are called “candidate” species.
IUCN categorized them and made a list called red list. Another document
which consists of a list of rare and endangered species in an area was
established by the Russian federation. This book is known as Red Data Book,
these documents consisting of a list of species are used as a guide for
researchers to estimate the level of threat. There are separate book for flora
and fauna.

Endangered Species Day, which falls on the third Friday in May each year, is
a day to celebrate endangered species success stories and learn about
species still in danger.

WRITE A SHORT NOTE ON NUCLEAR RADIATION FOR NON-HUMAN

BEING.

ANSWER: The energy released in the form of electromagnetic waves or

high-speed charged particles is known as nuclear radiation. Radiation can
come from many sources, both manufactured and natural. All living things
are continually exposed to low doses of radiation from sunlight, rocks, and
cosmic rays. Nuclear radiation affects non-human beings like plants, animals,
and microorganisms in ways that are similar to its effects on humans, though
the outcomes can vary depending on the species, environment, and
radiation.

In plants, radiation can impair growth, reduce chlorophyll production, and

even prevent seed germination. Animals, especially those with high
reproductive rates, can experience genetic mutations over generations,
impacting population health and ecosystem balance. Soil microorganisms,
which play a crucial role in nutrient cycling, may be disrupted, affecting soil
fertility and plant health.
 Overall, radiation can lead to biodiversity loss and disrupt ecological
systems by altering species interactions and resilience.

WHAT IS THE OBJECT AND FUNCTION OF THE FOREST AMENDMENT

ACT, 2023 ?

ANSWER: The Forest (Conservation) Amendment Bill, 2023 was introduced

in Lok Sabha on March 29, 2023. The Bill amends the Forest Conservation
Act, 1980 which provides for the conservation of forest land. The bill adds
and exempts certain types of land from the purview of the act.

The object and functions of the Forest Amendment Act, 2023 are as follows:

1. Restrictions on activities in forest: The Environment (Protection)

Act of 1986 restricts converting forest land for non-forest uses, like
cultivation or other purposes that don’t involve reforestation.
However, the central government can allow exceptions for certain
activities if it grants prior approval. Some activities that don’t require
such approval include forest and wildlife conservation work—like
setting up check posts, fire prevention measures, fencing, and
communication facilities. The government can also set terms and
conditions for specific surveys (like exploration) so they won’t count
as non-forest activities.

2. Land under the purview of the Act: The Bill states that two types
of land will be regulated under the Act:

(i) Land officially declared as forest under the Indian Forest Act, 1927
or other laws.

(ii) Land not declared under those laws but recorded as forest land by
the government on or after October 25, 1980.

The Act will not apply to land that was converted from forest use to
non-forest use by an authorized authority on or before December 12,
 1996.

3. Exempted categories of land: The Bill exempts certain types of

forest land from its rules, allowing specific uses without needing
approval. These exemptions include:

i) Forest land along government-maintained roads or railways that

provide access to towns, up to 0.10 hectares.

ii) Forest land within 100 km of international borders or military lines

(like the Line of Control) for strategic projects related to national
security

iii) Land up to 10 hectares for security infrastructure.

iv) Land for defense projects, camps for paramilitary forces, or public
utility projects in areas affected by left-wing extremism, up to 5
hectares.

These exemptions are subject to guidelines set by the central

government.

4. Assigning of land through a lease or otherwise: Under the Act,

state governments or authorities need central government approval
before leasing or assigning forest land to non-government organizations,
like private companies or agencies. The Bill allows this assignment but
requires it to follow terms and conditions set by the central government

5. Power to issue directions: The Bill allows the central government

to give instructions for implementing the Act to any authority or
organization associated with the central, state, or union territory
governments.

QUESTION 8

a) Discuss about the function of state pollution board under the

 water pollution act.

b) What are the corrective measures prescribed by the

environment protection act, 1986?

ANSWER: The Water (Prevention and Control of Pollution) Act was enacted
in 1974 to provide for the prevention and control of water pollution, and for
the maintaining or restoring of wholesomeness of water in the country. The
Act was amended in 1988. The Water (Prevention and Control of Pollution)
Cess Act was enacted in 1977, to provide for the levy and collection of a cess
on water consumed by persons operating and carrying on certain types of
industrial activities. This cess is collected 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. The Act was last amended in 2003.

Under Section 4 of the State Pollution Control Board may be

constituted having the same constitution as the central board.

According to Section 17 of the State Pollution Control Board, the

following are the functions of the State Board:

1. Planning a comprehensive programme for prevention, control and

abatement of pollution of streams and wells.

2. Advising the State Government regarding water pollution control or

location of industries.

3. Conducting and encouraging investigations and research relating to

different aspects of water pollution.

4. To collaborate with the Central Board for training personnel for

handling water pollution programmes and organising related mass
 education programmes.

5. Inspecting trade effluents and waste water treatment plants.

6. Prescribing effluents standards for the sewage and trade effluents.

7. Evolving economical and reliable methods of disposal, treatment and

reuse of waste water (in agriculture).

8. Laying down the standards of treatment of sewage and trade effluents

to be discharged into any stream.

9. Making, varying or revoking any order for preservation or control of

discharge of waste into streams and wells or construction of systems
for disposal of effluents.

10. Establishing or recognising laboratories for analysis of samples.

11. Performing such functions as may be entrusted by Central Board or

State governments.

WHAT ARE THE CORRECTIVE MEASURES PRESCRIBED BY THE

ENVIRONMENT PROTECTION ACT, 1986?

ANSWER: The concept of EIA reached India in 1976-77 with the Planning
Commission asking the Department of Science and Technology to assess the
river valley projects for their impact on the environment. Subsequently, it
was expanded to include other projects as well. They were subjected to the
approval of the Public Investment Board. But these were mainly
administrative decisions and had no statutory backing. But it got support
with the coming of the Environment Protection Act, 1986. After EPA came
into force, a notification was issued under the Act which made EIA
compulsory for 30 specified activities. The said notification was revised in
2006.

Section 3 of Environment Protection Act, 1986, empowers the Central

Government to take all such measures as it deems necessary or expedient to
protect and improve the quality of the environment, and to prevent, control,
and abate environmental pollution. Some of these measures include:

1. To coordinate actions among state governments, officers, and other

authorities.

2. To plan and execute nationwide programs.

3. To lay down standards for the quality of different aspects of the

environment.

4. To lay down the standards for emission or discharge of pollutants.

5. To restrict the operation of certain industries, processes, or operations

in specific areas.

6. To lay down procedures and safeguards for the prevention of pollution-

causing accidents and take remedial measures.

7. To lay down procedures and safeguards for the handling of hazardous

substances.

8. To examine the manufacturing processes, materials, and substances

that are capable of causing pollution.

9. To carry out and sponsor investigations and research on the issues

related to pollution.

10. To inspect the premises, plant, equipment, machinery, manufacturing,

or other processes, materials, or substances.

11. To establish or recognise environmental laboratories and institutes.

12. To collect and disseminate information on pollution matters.

13. To prepare codes, manuals, or guides related to the prevention, control,

and abatement of environmental pollution.
 14. Such other matters as the government deem necessary or expedient.

Thus, EIA plays an integral role in the safeguarding the environment from further
harm being caused putting restrictive and precautionary guidelines on the
industries.