Assignment on Environmental Law
Assignment on Environmental Law
Name: Rakhi
Roll No: 24BL02
Subject: Environmental Law
1. Evolution of Environmental Law
Environmental law has evolved significantly over the years at both the international and national
levels. It reflects the growing awareness of the need to protect the environment from degradation
caused by human activities.
International Regime
The evolution of environmental law at the international level has been marked by several key
conferences and agreements:
- Stockholm Conference (1972): This was the first major international gathering focused on
environmental issues. It led to the establishment of the United Nations Environment Programme
(UNEP).
- Rio Earth Summit (1992): This summit emphasized sustainable development and resulted in
important documents like Agenda 21 and the Rio Declaration.
- Kyoto Protocol (1997): It set legally binding obligations on industrialized countries to reduce
greenhouse gas emissions.
- Paris Agreement (2015): A landmark agreement under the UNFCCC to combat climate change
and limit global warming to below 2 degrees Celsius.
Assignment on Environmental Law
National Regime (India)
In India, environmental law has evolved through constitutional mandates, legislative enactments,
and judicial pronouncements:
- The 42nd Amendment to the Constitution added Article 48A and Article 51A(g), placing a duty on
the State and citizens to protect and improve the environment.
- Key legislations include the Environment (Protection) Act, 1986, Water (Prevention and Control of
Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981.
- The judiciary has played a crucial role in expanding the scope of environmental rights under Article
21 of the Constitution.
2. Judicial Initiative to Control Air and Water Pollution
The Indian judiciary has been proactive in addressing air and water pollution through various
landmark judgments. Some significant cases include:
1. MC Mehta v. Union of India (1987 - Oleum Gas Leak Case): The Supreme Court established the
principle of absolute liability for industries engaged in hazardous activities.
2. MC Mehta v. Union of India (Ganga Pollution Case): The Court ordered the closure of tanneries
polluting the Ganga river and directed industries to set up effluent treatment plants.
3. Vellore Citizens Welfare Forum v. Union of India (1996): The Court emphasized the importance of
sustainable development and applied the precautionary principle and polluter pays principle.
4. Subhash Kumar v. State of Bihar (1991): The Court held that the right to life includes the right to
clean water and a pollution-free environment.
Assignment on Environmental Law
5. Indian Council for Enviro-Legal Action v. Union of India (1996): The Court directed compensation
for environmental damage and enforced the polluter pays principle.
6. MC Mehta v. Union of India (Vehicular Pollution Case): The Court directed the use of CNG in
Delhi's public transport to curb vehicular pollution.
7. Taj Trapezium Case (1996): The Court ordered the relocation of industries causing acid rain and
damaging the Taj Mahal.
3. Role of Legislature and Judiciary in the Protection of Wildlife and Forests
Legislature:
- The Wildlife Protection Act, 1972 is the primary legislation for the protection of wildlife in India. It
provides for the creation of protected areas such as national parks and wildlife sanctuaries.
- The Forest Conservation Act, 1980 restricts the de-reservation of forests and diversion of forest
land for non-forest purposes.
- The Biological Diversity Act, 2002 aims to conserve biological diversity and ensure the sustainable
use of its components.
Judiciary:
- The judiciary has played a vital role in forest and wildlife conservation. In TN Godavarman
Thirumulpad v. Union of India, the Supreme Court passed several orders to prevent illegal logging
and protect forests.
- In Centre for Environmental Law, WWF-India v. Union of India, the Court emphasized the
protection of endangered species and the implementation of conservation strategies.
- The judiciary has often intervened to stay projects that threaten forest ecosystems and directed the
Assignment on Environmental Law
establishment of wildlife corridors to prevent human-animal conflict.
4. Environmental Principles
Several environmental principles have guided the development and enforcement of environmental
laws:
1. Precautionary Principle: When there is a threat of serious or irreversible damage, lack of full
scientific certainty should not be a reason for postponing preventive measures.
2. Polluter Pays Principle: The polluter should bear the cost of pollution control and remediation.
3. Sustainable Development: Development should meet the needs of the present without
compromising the ability of future generations to meet their own needs.
4. Public Trust Doctrine: The State holds natural resources in trust for the benefit of the public and
cannot transfer public resources to private ownership for commercial gain.
5. Intergenerational Equity: The environment must be preserved for the benefit of present and future
generations.
6. Integration Principle: Environmental considerations should be integrated into all decision-making
processes.
Conclusion
Environmental law has become an essential part of governance in both national and international
spheres. With increasing environmental challenges, strong legislative frameworks and active judicial
oversight are crucial for ensuring environmental protection. The judiciary, legislature, and active
public participation play a vital role in conserving nature for present and future generations.
Assignment on Environmental Law
References:
1. The Constitution of India
2. Environmental (Protection) Act, 1986
3. Wildlife Protection Act, 1972
4. Forest Conservation Act, 1980
5. Relevant Supreme Court Judgments
6. UNEP Documents and International Agreements
