Introduction:

Environmental law has become an essential tool for the management and enforcement of
laws governing the environment and natural resources. It is found on the principles of
public participation, public trust doctrine and sustainable development. Environment
degradation - one of the biggest problem, the world is facing today. The problem of
environment pollution is as old as the evolution of Homo sapiens on this planet. Man's
ambition for limitless enjoyment and comfort has led him towards the exploitation of
nature's wealth so indiscriminately and so shamelessly as to reduce nature's capacity for
self-stabilization. Man's voracious appetite for resources and his desires to conquer nature
has put him in collision course with the environment. The demand for his explosive
technological society imposes intense stress on the state of equilibrium with the
environment. The relationship between human beings and his environment has varied from
time to time. It has also been varying from place to place at a given point of time. This
statement is quite legitimate as far as India and its environment protection policy is
concerned. It was a statement of one of the great personality in the field of Law Prof.
UPENDRA BAXI that in India, environment protection and management started only after
1972 i.e. After the Stockholm Conference. Environmentalism is a broad philosophy and
social movement centered on a concern for the conservation and improvement of the
environment. Environmentalism is associated with the colour green. In India, as elsewhere
in the world, uncontrolled growth and consequent environmental deterioration are fast
assuming menacing proportions and all Indian cities and majority of the population are
affected with this problem. Today most of our rivers are polluted. Deforestation is
increasing day by day. Leakage of poisonous gases and other harmful gases; release of
liquid and solid wastes from industries has almost become a regular phenomenon of the
present day. The problem of noise pollution, particularly in big cities is at alarming stage.
Land erosion through winds and water has become the common feature. Despite our brutal
exploitation of forests and indiscriminate mining, pollution of rivers and other water
resources, rapid increase of air and noise pollution, it is still possible to protect the
deteriorating environment through proper policies and management, good and effective
legislations and by a strong eco friendly judiciary. And the recent developments in
legislative, executive and judicial fields prove this point how the principle of sustainable
Development is getting entrenched and exerting colossal impact on the development
patterns, ensuring a bright future for the mankind.
The environmental movement is a diverse scientific, social, and political movement. In
general terms environmentalists advocate the sustainable management of resources and the
protection of the natural environment through changes in public policy and individual
behavior. In its recognition of humanity as a participant in ecosystems, the movement is
centered on ecology, health, and human rights. Additionally, throughout history the
movement has been incorporated into religion. The most important and noteworthy
development of this period was that each individual knew his duty to protect the
environment and he tried to act accordingly.1

People’s Response towards Protection of Environment:

Fortunately in India the people’s response to ecological crises has been very positive. In
certain cases they have formed the pressure groups and exerted influence on the
government to take decisions on certain developments projects only after making proper
environment impact assessment.

MOVEMENT IN INDIA: In the 1970s, the Chipko movement was formed in India
influenced by Mahatma Gandhi they set up peaceful resistance to deforestation by literally
hugging trees their peaceful methods of protest and slogan "Ecology Is Permanent
Economy" was very influential. By the mid-1970s many felt that people were on the edge
of environmental catastrophe. The Back-to-the-land movement started to form and ideas of
environmental ethics joined with anti-Vietnam War sentiments and other political issues.
These individuals lived outside normal society and started to take on some of the more
radical environmental theories such as deep ecology. Around this time more mainstream
environmentalism was starting to show force with the signing of the Endangered Species
Act in 1973 and the formation of cites in 1975. Another movement was stared which was
known as the movement as Narmada Bachao andolan or save the Narmada movement
which has been led by baba amte and medha patikar. The tehri bandh virodhi sangharsh
samiti led by shri tehri dam due to its adverse environment effects.

1
C.M. JARIWALA, “Changing dimensions of India Indian Environment Law”. In P.Leelakrishanan (Ed)
Law and Environment , 1993..
Role of judiciary in India:

The judiciary response to almost all environment litigations has been very positive in India.
The primary effort of the court while dealing with the environment related issues is to see
that enforcement agencies, whether it be the state or any other authority take effective steps
for the protection of environment.

There are certain examples through which it can be explained that Indian judiciary tries to
protect the ecological. In “CHHETRIYA PARDUSHAN MUKTI SANGHARSH SAMITI
V. STATE OF U.P. AND OTHERS”:2 A letter written to the Court was treated as a Writ
Petition under Article 32 of the Constitution of India. The letter written by Chhetriya
Pardushan Mukti Sanghartsh Samiti, alleged environmental pollution in the Sarnath area. It
was also alleged therein that the Jhunjhunwala Oil Mills and refinery plant are located in
the green belt area, touching three villages and the Sarnath temple of international fame.
The smoke and dust emitted from the chimneys of the mills and the effluents discharged
from these plants were alleged to be causing environmental pollution in the thickly
populated area and were proving a serious health hazard. It was alleged that people were
finding it difficult to eat and sleep. The Petitioners sought directions from the Court. So the
honorable court declared that prima facie the provisions of the relevant Act, namely the Air
Pollution Control Act have been complied with and there is no conduct, which is
attributable to the owners leading to pollution of air or creating ecological imbalances
requiring interference by the Supreme Court. The second case “M.C. MEHTA V. UNION
OF INDIA AND OTHERS”:3 The Petitioner filed a writ petition in the Supreme Court for
the prevention of nuisance caused by the pollution of the River Ganga by tanneries and
soap factories on the banks of the river, at Kanpur. The petition was entertained as public
interest litigation to enforce the statutory provisions which impose duties on the Municipal
Authorities and the Boards constituted under the Water Act. 4. So the honorable court
decided that The Supreme Court issued several directives to the Kanpur Municipal
Corporation to prevent and control pollution of the River Ganga at Kanpur. While making

2
A.I.R 1990 SC 2060
Sabyasachi Mukharji, C. J. And K.N.Saikia,.
3
A.I.R 1988 SC 1115
E.S. Venkataramiah and K.N. Singh.
4
Water (Prevention And Control Of Pollution) Act- 1974.
its order the Court observed that nuisance caused by the pollution of the River Ganga was
widespread and was a serious public nuisance. On account of failure of authorities to carry
out these statutory duties for several years, the water in the River Ganga at Kanpur has
become so polluted that it can no longer be used by the people either for drinking or
bathing.The Court also pronounced that what they have stated in this case applies mutatis
mutandis to all other Mahapalikas and Municipalities which have jurisdiction over areas
through which the River Ganga flows, and ordered that a copy of its judgment be sent to all
such institutions. In third case RURAL LITIGATION AND ENTITLEMENT KENDERA
V. UNION OF INDIA (DOON VALLEY LIMESTONE QUARRYING CASE -II):5 A
public interest petition addressed to the Supreme Court by the Rural Litigation and
Entitlement Kendera of Dhera Dun in the State of Uttar Pradesh, the Court directed that all
fresh quarrying in the Himalayan region of the Dhera Dun District be stopped.
Subsequently, acting on the basis of the reports of the Bandyopadhyay Committee and a
three man expert committee, both of which were appointed by the Court, the Court ordered
the closure of several mines in the area. Thereafter, the lessees of the mines submitted a
scheme for limestone quarrying to the Bandyopadhyay Committee. The Committee rejected
the scheme and the lessees challenged the decision of the Committee in the Supreme Court.
. So the honorable court held that the act doesn’t permit mining in the forest area. The act
applies to renewal as well and even if there was a provision for renewal in lease agreement
on Exercise of lessee’s option the requirement of the act6, had to be satisfied before such
renewal following exercise of option by lessee the compliance of section 2 of the act is
necessary as a condition precedent.

5
A.I.R 1985 SC 652
6
Forest Conservation Act,1927
Social Objectives for Protecting the Environment:

The basis of a healthy environment is good air, water and soil. These basic building blocks
of life are obviously essential for life to continue and must be cared for preserved and
enhanced. A blind race of industrialization and modernization has made the situation
critical. It is a well known fact that every ecosystem has intrinsic ability to maintain
ecological balance. But excessive human interventions with natural environment beyond
assimilative capacity is causing ecological imbalance. Diverse human activities,
particularly economic activities, are not only posing serious threats to the ecosystem but to
the very existence of entire human race, including future generations. A blind race of
industrialization and modernization has made the situation critical. It is a known fact that
every ecosystem has intrinsic ability to maintain ecological. 7. The conservation of
environment is of immense importance to the mankind. The extinction of many types’
wildlife, flora, and changes of climates led to extinction of human race also. The living
organisms in an eco system interact with one another through food chains and maintain the
balance of nature, marinating the environment as self sustaining system. Different types of
plants, animals and many kinds of micro organism are of great importance as products
made by them and by products are very useful for existence of human race, especially as all
these plants release oxygen which is of very much importance for human race. All the
micro organisms act as the decomposers for organic compound and produce inorganic
compounds which act as manure for plants and for these plants humans get there food.
Forests are large biotic communities and provide shelter to plants such as mosses and ferns
and animals like insects, reptiles and many more. The most important that forests largely
influence water cycle. Atmospheric humidity over the forest area is always higher than
north forest area. Forest trees and its vegetations obstruct and lower the force of fall of the
raindrops.

7
Environment and developmental planning are complementary to each other is supported by recital 4 and principle 8 of
the 1972 Stockholm declaration on the human environment.
Concept of Sustainable Development:

The general principle that states should ensure the development and use of their natural
resources in a manner which is sustainable has emerged only recently. Although the ideas
underlying the concept of sustainable development have a long history in international
instruments, and the term itself began to appear in treaties in the 1980s, the general
“principle of sustainable development” appears to have been first referred to in a treaty in
the preamble of the 1992 European Economic Area Agreement. The term “sustainable
development” is generally considered to have been coined by the 1987 Brundtland report
this report is commonly viewed as the point at which sustainable development becomes a
broad global policy objective and set the international community on a path which led to
the 1992 United Nations Conference on Environmental and Development(UNCED) and the
body of rules referred to as “international law in the field of sustainable development” but
distinguished from international environmental law8 Sustainable development formed the
cornerstone underlying the Earth Summit (1992) and dominated the Rio Declaration on
Environment and Development (1992); World Summit on Sustainable Development(2002)
and Conference of the Parties (COP-8), 2002. The complex equation for sustainable
development involves not only changing consumption patterns, eliminating poverty and
balancing populations with available resources, but also reducing the impact of economic
growth with specific emphasis on international trade. According to the cartage
commitment, sustainable development places environmental concerns firmly within the
context of growth. It also implies changes in the economies of all countries as well as
enhanced international economic cooperation so as to make economic growth and
environmental protection mutually supportive. To recapitulate sustainable development is
not based on the conventional belief that economic progress and environmental protection
are mutually opposing goals, rather it rests on the emerging consensus that environmental
protection is not only compatible with economic growth but can also enhance it, therefore
if development is sustainable then the quality of human life is improved at the same time
and that earth’s natural resource is conserved.

8
The International law of Sustainable development is broader than International Environmental Law (IEL).
Apart from environmental issues, the international law on sustainable development includes the social and
Economic dimensions of development, the participatory role of major groups.
Different Types of Laws Enacted By Indian Legislator for the Protection of
Environment:

1. The Environment (Protection) Act, 1986: Government of india has enacted an

important act for the conservation and protection of environment that is The Environment
(Protection) Act, 1986 whose main objective was to provide the protection and
improvement of environment (which includes water, air, land, human being, other living
creatures, plants, microorganism and properties) and for matters connected therewith. There
is a constitutional provision also for the environment protection. Article 48A, specify that
the State shall endeavor to protect and improve the environment and to safeguard the
forests and wildlife of the country and every citizen shall protect the environment (51 A).
The Environment (Protection) Act is applicable to whole of India including Jammu &
Kashmir. Under this act, central government has power to to take all such measures as it
deems necessary or expedient for the purpose of protecting and improving the quality of the
environment and preventing controlling and abating environmental pollution. Planning and
execution of a nation-wide programme for the prevention, control and abatement of
environmental pollution.laying down standards for the quality of environment in its various
aspects. Examination of such manufacturing processes, materials and substances as are
likely to cause environmental pollution. Carrying out and sponsoring investigations and
research relating to problems of environmental pollution.

2. The Indian Forest Act, 1927: This act was very comprehensive and contained all the
major provisions of the earlier act and amendments made thereto including those relating to
the duty on timber. The Act of 1927 also embodied land-using policy whereby the British
could acquire all forestland, village forest and other Common Property Resources. Section
26(i) of the Act makes it punishable if any person, who, in contravention of the rules made
by the State Government, poisons water of a forest area. The State Government has been
empowered under Section 32(f) to make rules relating to poisoning of water in forests. This
act is still in force, together with several amendments made by the State Governments.
3. The Water (Prevention And Control Of Pollution) Act, 1974: An Act to provide for
the prevention and control of water pollution and the maintaining or restoring of
wholesomeness of water, for the establishment, with a view to carrying out the purposes
aforesaid, of Boards for the prevention and control of water pollution, for conferring on and
assigning to such Boards powers and functions relating thereto and for matters connected
therewith.

4. Indian Penal Code, 1860: As regards to water pollution, Indian Penal Code says that
whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to
make it less fit for the purpose for which it is ordinarily used, shall be punished with simple
or rigorous imprisonment for a term exceeding to three months or fine of five hundred
rupees or both. The definition is confined to a voluntary act and acts committed without any
knowledge or accidentally would not be covered under the present law. Moreover, it has
limited operation to the water of public spring or reservoir. Further, looking to the gravity
of the offence it attracts only minor punishment.

5. Criminal Procedure Code, 1893: Criminal Procedure Code, 1893 was one of the major
acts, which provided some of the very strict punishments for the environmental offences
under the criminal law. Sections 133 to 144 in the Chapter XII of the Criminal Procedure
under the heading public nuisance provided for the punishment under criminal procedure
for the commission of any nuisance, which affected the public at large. The environmental
degradation was also included in it as any degradation of the environment is automatically
supposed to be affecting the public at large.

6. The Biological Diversity Act, 2002: An Act to provide for conservation of biological
diversity, sustainable use of its components and fair and equitable sharing of the benefits
arising out of the use of biological resources, knowledge and for matters connected
therewith or incidental thereto.

7. Indian Easements Act, 1882: it protected riparian owners against unreasonable

pollution by upstream officer. Section 28(d) of the Easement Act, 1882 on the one hand
allowed a prescriptive right to pollute the Water but it was not an absolute right.
8. The Indian Fisheries Act, 1897
The Indian Fisheries Act, 1897 contains seven sections. This act penalized the killing of
fish by poisoning water and by using explosive. Section 5 of the Act prohibits destruction
of fish by poisoning waters.

9. Indian Ports Act, 1908

The Indian Ports Act, 1908, has regulated water pollution caused by the use of oil or
discharging of oil in the port waters.

Executive level:

The National Environment Tribunal Act, 1995, this act has been enacted for strict
liability for damages arising out of any accident occurring while handling any hazardous
substance and for the establishment of a National Environment Tribunal executive level for
effective and expeditious disposal of cases arising from such accident, with a view to
giving relief ad compensation for damages to persons, property and the environment and
for matters connected therewith or incidental thereto. This act says about the constitution
of tribunals which will look into the matters of compensations which may constitute two or
more vice persons. Each state at its executive level has constituted a committee which will
look into the protection of environment such as in Chandigarh under the power conferred in
water pollution act, 1986 it constituted a committee by appointing the two persons as the
chairman which are as follow on the 11th April, 1988, and same was the case with in Delhi
and Pondicheery. On 8th March, 1988, In exercises of the powers conferred by clause (b) of
sub-section (1) of Section 51 of the Water (Prevention and Control of Pollution) Act, 1974
(6 of 1974), and in suppression of the notification of the Government of India in the
Ministry of Works and Housing No. S.O. 2974 dated the 25th August, 1975 published in
the Gazette of India, Part II, Section 3, sub-section (ii) dated the 6th September, 1975, and
the Central Government hereby specifies the Delhi Zonal Laboratory at Chandrawal Water.
Conclusion:

A clean and healthy environment is part and parcel of the wealth and quality of life that we
desire for ourselves now and for our children in the future. People demand that the air they
breathe, the water they drink, and the food they eat is free of pollution and contaminants;
they want to live undisturbed by noise, and they want to enjoy the beauty of the
countryside, unspoiled coastlines and mountain areas. They also want a world that is not
threatened by climate change. Healthy and balanced natural systems are essential for
supporting life on this planet. Society relies on nature to provide us with the resources for
our survival: air, water, food, fibers, medicines, and building materials. Children need to
grow up aware of the nature around them. As human beings we have a responsibility to
preserve the actual value of nature both for ourselves and for future generations. In recent
decades, there has been a growing realization that the quality of our air, water, soil, and
food affect the quality of our health and of our lives. This ranges from increased allergies,
respiratory disease, and cancers to the disorder of the body’s hormone and fertility systems,
and premature death. Now-a- days there drastic change in climate change so we should get
aware of such problems and should try to get overcome from this problem so that our future
generation and take breathe in clean and healthy environment. All the people around the
world should get up for the protection of environment. Even the laws are also made for the
protection of environment but its applicability is negligible. if such laws are made right
from inception of civilization and then why there arose the problem of environment
protection, the reason for this is that people still aren’t aware of the bad consequences of
the environment if it is not protected. Drinking water is getting polluted day by day which
will be very bad for human civilization for existence and humans are day by day cutting
trees for accommodation, but is there anyone who have thought about that the trees gives us
the oxygen and this is the main thing by which humans exists. If there will no trees then
how human civilization will exists. At the end I would like to say only one “save
environment for present and future generation”.