Environmental Law

‘Environment’ defined under the Environmental Protection Act, 1986

Includes water, air, and land and the inter-relationship that exists among and between water, air, land, human beings, other living creatures, plants, microorganisms and property.

Environmental Law

The branch of law that regulates the interaction between human beings and the natural environment to protect and preserve it for present and future generations.

Laws in British India (1800-1947 AD)

• Shore Nuisance (Bombay and Kolaba) Act, 1853 - imposed restrictions on the fouling of seawater.

• Merchant Shipping Act of 1858 - prevention of sea pollution by oil.

• The Fisheries Act, 1897

• The Bengal Smoke Nuisance Act of 1905

• Bombay Smoke Nuisance Act of 1912

• Wild Birds and Animals Protection Act, 1912

Post-independence Era Environmental Law

When India gained independence, its leaders placed greater emphasis on economic development. It was only in 1972, during a United Nations Conference on the Human Environment held in Stockholm, that various measures to preserve the environment and prevent pollution were adopted. Accordingly, the Indian Parliament inserted two Articles, i.e. 48A and 51A, in the Constitution of India in 1976.

Stockholm Conference (1972) - First Major Step

• aka United Nations Conference on Human Environment (UNCHE)

• Held in Stockholm, Sweden

• 1st Global Recognition that environmental protection is linked with Human development.

Outcomes of the Stockholm Conference & Impacts on India

Outcomes:

• Creation of UNEP (United Nations Environment Programme)

• Principle 1: “Man has the fundamental right to live in an environment of quality.

Impact: Led to 42nd Constitutional Amendment (1976) —> inserted Article 48A (DPSP) and Article 51A (g) (fundamental duty) on environment.

Montreal Protocol (1987) - Protecting the ozone layer

• signed in Montreal, Canada

• Aim: To phase out Ozone Depleting Substances (ODS) like CFCs, halons, and carbon tetrachloride.

• Considered one of the most successful environmental treaties

• Impact on India: India passed rules on ozone-depleting substances (2000, 2014 amendments)

Earth Summit (1992) - Rio de Janeiro

• Officially called United Nations Conference on Environment & Development (UNCED).

• Concept of Sustainable Development highlighted.

Outcomes of the Earth Summit & Impacts on India

Outcomes:

• Agenda 21: Action plan for sustainable development.

• Rio Declaration: 27 principles (like Precautionary Principle, Polluter Pays Principle).

• Opened for signature: UNFCCC (climate change), CBD (biodiversity), UNCCD ( desertification ).

Impact on India: Strengthened Public Interest Litigation (PILs) on environment (e.g., M.C. Mehta cases).

Kyoto Protocol (1997) - Binding Climate Targets

• Signed in Kyoto, Japan, as part of the UNFCCC Framework.

• Imposed binding targets on developed countries to reduce Greenhouse Gas (GHG) emissions. 

• Introduced mechanisms: i) Clean Development Mechanism ii) Joint Implementation iii) Emission Trading