Enviormental Law 1986

1974. Water Prevention & Control of pollution Act: Aimed at maintaining purity of water.
1981. Air Prevention & Control of pollution Act: Aimed at maintaining purity of air.
19 Nov,1986. Environmental protection Act came into power

Features:
1. Protect and improve environment from all forms of pollution: air, water, soil, and noise.
2. Regulatory Bodies for environmental protection formed by central govt
3. Standards for emission and discharge of substances
4. Hazardous substances: handling, storage, and disposal
5. Penalties and sanctions: for non-compliance and environmental violations
6. Entry and Inspection: Government officials have the authority to enter premises, inspect facilities, and take samples to ensure compliance.
7. Coordination among entities: facilitates coordination among various governmental and non-governmental entities for effective environmental management.
8. Locus Standi: Every person is locus standi(Right to bring an action or to appear in a cour).

Powers of Central Govt under env protection Act 1986
a. Setting Environmental Standards: air, water, and land quality
b. Controlling Pollution: government can take measures to prevent, control pollution
c. Regulating Hazardous Substances: regulation of the handling, storage, and disposal of hazardous substances
d. Directing Industry Closure/Regulation
e. Coordination and Collaboration between different agencies
f. Penalties, establishing agencies, environmental clearance, national programs

Duties of person handling hazardous materials
Safe Handling, Accident Prevention, Training and Equipment, Compliance with Standards, Authorization, Minimization, Reuse, Recycle, Cooperation with Authorities
Case:
  M.C. Mehta v. Union of India: oleum gas leak at Shriram Food and Fertilizers(delhi). M.C. Mehta(renowned environmental activist), filed a Public Interest Litigation (PIL) seeking the closure of the plant and compensation for the victims. Supreme Court moved beyond strict liability and established the principle of absolute liability for hazardous industries.


Penalties for violating provisions of Enviormental law
Imprisonment up to 5 years, a fine of up to 1 lakh rupees, or both
If the contravention(voilation) continues, an additional fine of up to Rs 5,000 may be levied for each day it continues after conviction.

Can govt servant be punished under environment protection act contravention
Yes, a government servant can be punished under the Environment Protection Act (EPA)
if a government department commits an offense, the Head of the Department is generally deemed responsible
However, if the contravention is due to neglect by another officer, that officer can also be penalized.


Cases:
1972. V. Lakshmipathy vs. State of Karnataka: right to a clean environment as a basic human right. case challenged the establishment of industries in residential areas The court found that the mandate of the Constitution is to build a welfare society
1987 Abhilash Textile vs Rajkot Municipal Corporation: 4 branches of Abilash Textile was discharging dirty water from the factory on public roads public drainage without purifying the same, notice was issued from Municipal Corporation. Textile told they are carrying business from last 25 years providing employment to 30k families. Court precided

Water (Prevention & Control of Pollution) Act 1974

Aims to prevent and control water pollution in India
Maintained by Central and State Pollution Control Boards (CPCB and SPCBs) to regulate and monitor industrial effluents and sewage discharges into water bodies.

Cases
1. Municipal Council(Ratlam) v. Shri Vardhichand SC decision Municipality(Ratlam) has responsibility to provide basic sanitation and address public health issues even in the face of financial limitations. case arose from a complaint by residents alleging the municipality was failing to provide adequate drainage and sanitation

Pollution Control Boards

To prevent, control, and abate pollution, primarily focusing on water and air pollution
Penalties on person for violation of provisions of water act 1974
- Imprisonment up to 3 months
- Fine up to 10k rupees
- more serious offenses: imprisonment for 1.5 to 6 years and a fine may be imposed

Terms
Joint Board: A board consisting of representatives from 2 or more state boards to address inter-state water pollution issues.
Central Water Laboratory: A laboratory established by the Central Government for analyzing water samples and conducting research on water quality.
State Water Laboratory: A laboratory established by the State Government for analyzing water samples and conducting research on water quality.
Analysts: Individuals authorized by the State Government to analyze water samples and provide reports on their quality.

Central Pollution Control Board (CPCB), 1974

- Developing national programs for pollution prevention and control.
- Coordinating activities of State Boards.
- Providing technical assistance and guidance to State Boards.
- Setting standards for water and air quality.
- Collecting and disseminating data related to water and air pollution.
- Advising the Central Government on matters related to pollution control.

State Pollution Control Boards (SPCBs)

implement and enforce pollution control measures within their respective states. Functions:
- Planning and executing state-level programs for pollution control.
- Advising the State Government on pollution-related matters.
- Collecting and disseminating information about pollution.
- Providing technical assistance and guidance to local bodies, industries, and research institutions.
- Setting standards for water and air quality within their state.
- Monitoring and enforcing compliance with pollution control regulations.

Air Prevention & Control of Pollution Act 1981

Aims to prevent, control, and abate air pollution in India
Central and State Pollution Control Boards (CPCB and SPCBs) are responsible for implementing the provisions of the Act.


Penalties for violation of provisions of Air Act 1981
By Person:
- Imprisonment up to 6 years
- Fine up to 10k rupees
- more serious offenses: imprisonment for 1.5 to 6 years and a fine may be imposed

By Company:
- Fine up to 1 lakh rupees
- Company itself is initially liable for offenses committed by its employees.
- A company is found to be illegally discharging pollutants into the atmosphere. The company is liable, and if the CEO was aware of the illegal discharge and failed to take corrective action, they could also be held personally liable.

Terms
Air Pollutant: Any substance in the air that can cause harm to human health or the environment.
Air Pollution: The presence of harmful substances in the air that can cause adverse effects on human health and the environment.
Emission Standards: Limits set by the government on the amount of pollutants that can be released into the air from various sources.
Stack: A chimney or duct through which emissions are released into the atmosphere.

Measures to be taken by state government and state board under air pollition act for prevention of air pollution
1. Declaring Air Pollution Control Areas: Designating specific areas where air pollution control measures are required.
2. Prohibit use of certain fuels or the burning of any material that causes or is likely to cause air pollution
3. Issuing Instructions for Emission Standards: Setting limits on the amount of pollutants that can be released into the air from various sources.
4. Monitoring Air Quality: Regularly measuring and analyzing air quality to ensure compliance with standards.

Indian Forest Act 1927

For the conservation and management of forests in India
Declares areas as reserved, protected, or village forests, and defines procedures for rights in forest land.

Objective
- Consolidate all previous laws relating to forests and their products
- Classify forests into different types (e.g., reserved, protected, village forests)

Extent
Act initially applied to the entire country, excluding territories that were part of the Part B States before November 1, 1956.

Provisions regarding reserved forests
- Chapter-2(Sections 3-27) deals with reserved forests
- Restricting access to local people without permission.
- Government has proprietary rights.
- Section 26 prohibits various activities, including grazing, tree felling, setting fires, and trespassing. Violations of Section 26 can lead to imprisonment (up to 2 years) and/or fines (up to ₹20,000). Powers of the Forest Settlement Officer
- Conducts inquiries and determines who has rights in the reserved forest.
- Commute certain rights, such as those related to grazing or forest produce.

Special provisions under which state govt can control land not being property of govt
- Section 29: State government can declare any land not owned by the government as a reserved forest by official gazzette
Land Acquisition Act, 1894
- Enables the government to acquire private land for public purposes.
- Act, which applies to the whole of India except for some specific regions

Penal provisions of forest act 1927 regarding leving of penalties and procedures
See Sections in table below
Procedures:
- Arrest without warrant and the power to release a person arrested on a bond
- Offenses can be tried summarily
- There is a penalty for counterfeiting or defacing marks on trees and timber, as well as for altering boundary marks.
- Punishment for wrongful seizure.

Sections

Elephants Preservation Act, 1879

To protect wild elephants.
It prohibited killing, injuring, or capturing wild elephants without a license, with exceptions for self-defense or when the elephant was causing damage

Wild Life Protection Act 1972

Features:
- Prohibits hunting of certain species
- Regulates trade in wildlife products
- Establishes protected areas like national parks and sanctuaries
  National Parks: Government can declare areas as national parks to protect wildlife and their habitats.
  Wildlife Sanctuaries: Areas provide protection for specific wildlife species and their habitats.
  Conservation Reserves: Designated for the protection of biodiversity and are managed by local communities.
  Community Reserves: Areas are established with the participation of local communities for wildlife conservation.
  Tiger Reserves: Specifically designated areas for the conservation of tigers and their prey.

Protection of specified plants
- The Act prohibits: Collection, uprooting, destruction, cultivation(without permission/license), exporting of specified plants without permission.
- Specified plants: species like the Red Sanders, Sandalwood, and certain orchids.


Provision of Sanctuaries:
State govt can declare any area as a sanctuary for the protection of wildlife and their habitats
Delegation of Collector's Powers:
- State Government to delegate certain powers of the Collector to other officers.
- These delegated officers can perform specific functions related to wildlife protection and management.
- Example: Issuing permits for the collection of specified plants or granting licenses for certain activities in protected areas.
- Delegation ensures efficient implementation of the Act by involving officers at various levels of administration

Penalties under Wild Life Protection Act 1972
- Imprisonment: Up to 7 years for offenses like hunting endangered species or trading in wildlife products.
- Fine: Up to ₹25,000 for violations involving protected species.
- Repeat Offenses: Higher penalties, including extended imprisonment and increased fines.
- Seizure: Confiscation of property, vehicles, or equipment used in the commission of the offense.
- Cancellation of Licenses: Revocation of permits or licenses for activities related to wildlife

Wildlife Advisory Board(state-level advisory body)

Established under the Wildlife (Protection) Act, 1972
Advises the state government on wildlife protection and conservation matters on policies, sanctuaries, national parks, and closed areas

Appointment and Composition
- The State Government appoints a Wildlife Advisory Board.
- Chairman: Forest Minister of the State
- Other members: From government departments, NGOs, and experts in ecology, conservation, and environmental matters.


Powers(advisory)
Meaning it provides recommendations to the State Government
It does not have the power to make final decisions or enforce regulations on its own.

Law relating to Noise Pollution

Effect of Noise:
- Sleep disturbance, Genesis of stress like ulcers, Accidents

Noise pollution control laws
1960 Noise Abatement Act:
- Aimed at controlling and reducing noise pollution.
- Provides guidelines for acceptable noise levels in residential, commercial, and industrial areas.
- Empowers local authorities to take action against noise nuisances.
- Encourages the use of noise-reducing technologies and practices.

1970, Noise Pollution Abatment Act: Refers to various noise control laws and regulations enacted across different jurisdictions
mechanisms for setting emission standards (noise regulation) for various noise sources like motor vehicles and major appliances
Sections:
- Section 39: penalties for contravention of the Act's provisions
- Section 47: addresses the liability of companies and individuals in cases of pollution offenses
- Section 48: Power of state Pollution Control Boards
- Section 51: Mandates that State Boards maintain a register containing details of permits granted

Motor vehicle act 1988
- Tells about location of exhaust pipe, silencer, and noise level
- Emission of smoke from vehicles
- Silencers(every vehicle should have it), horns(should not use for any other purpose than safety)

Forest Conservation Act, 1980

Law enacted by the Indian Parliament to regulate the use of forest land and curb deforestation

Features
- Any state or local government seeking to use forest land for non-forest purposes must obtain prior approval from the Central Government(Roads, dams, mining)
- Act puts restrictions on Deforestation
- Penalties on violations of the Act

Judicial Activism for protection of environment

Judiciary taking a proactive role in enforcing environmental laws and regulations

Features
- Recognition of Environmental Rights
- PIL and Public Interest Litigation
- Expanding Jurisprudence
- Addressing Gaps in Enforcement
- Holding Entities Accountable

Cases:
1. T Damodar Rao v. S.O. Municipal Corporation of Hyderabad
The law used is the enjoyment of the ownership rights subjective to the requirements of the development plan. The court held that using of that land by income tax department and LIC is illegal and contrary to law
2. 1980, Municipal Council Ratlam v. Vardhichand
3. 1987, Sachidanand Pandey v. State of West Bengal: Pandey filed a PIL against State Government of West Bengal's decision to lease 4 acres of the Alipore Zoological Garden's Begumbari land to the Taj Group of Hotels for constructing a Five-Star Hotel. SC goes with State govt, stating state govt has considered all factors
4. MC Mehta cases v Union of India
  Pollution of Ganga
  Taj Trapazium Case
  Oleum Gas leak
  Delhi Vehicular(Air), Noise pollution case
  Hazardous Wastes Management Case

How far environmental protection is both govt as well as citizens

Environmental protection in India is a shared responsibility
Constitution mandates the state to protect and improve the environment, while also imposing a fundamental duty on citizens to do the same.
Government's Role:
  Legal and Regulatory Framework, Enforcement, Resource Management, Public Awareness
Citizens' Role:
  Fundamental Duty, Personal Responsibility, Active Participation, Reporting and Advocacy.

Importance of teaching environmental law in curriculum
Raising Environmental Awareness
Students to evaluate law policies and make decisions as per that
Provides legal tools to students to participate in environmental advocacy and activism
Students to learn sustainable practice to use resources
Preparing future leaders and professionals

Conferences and Summits

Enviorment

Sea Conservation

Prevent marine pollution. Prevent dumping from ships/aircraft in NE Atlantic and Arctic Oceans

Nuclear Treaties

Cases