Session I: Introduction to Environmental Law and Policy

Dr. Luther Rangreji Legal Officer, Ministry of External Affairs

I. Introduction

• Environmental Preservation:

  • Major focus of human endeavors, historically recognized for its value to humanity.

  • Traditions, folklore, and mythologies highlight environmental respect; viewed as forms of the Almighty.

  • Ancient Indian dharma emphasizes the duty of rulers to maintain ecological balance through responsible resource management.

  • Contrasts between human behavior and nature's balance (e.g., animals share their resources, whereas humans often exploit).

• Law and Policy Context:

  • Natural Law:

    • Thomas Aquinas posited natural law as the supreme law, linked to divine providence.

    • Echoed in ancient Indian concepts of kingship and dharma.

  • Man’s Distinction:

    • Human rationality should guide resource use, contrasting with the often exploitative practices observed today.

II. Environmental Law and the Indian Constitution

• Constitutional Obligations:

  • Directive Principles (Part IV):

    • Outline state responsibilities; include Articles 48A and 49 focusing on environmental protection and wildlife conservation.

    • Proactive Responsibility:

      • State's obligation is not only to protect but also to improve the environment for current and future generations.

• Citizen Responsibilities:

  • Fundamental Duties (Part IV A, 1976 amendment):

    • Citizens are obliged to protect and improve the environment, highlighting the collective role in governance.

• Fundamental Rights (Part III):

  • Life and Liberty:

    • Article 21 interpreted to encompass a right to a clean environment.

    • Significant rulings such as Olga Tellis V. Bombay Municipal Corporation underscore this interpretation.

• Environmental Challenges in India:

  • Issues encompass forest conservation, sustainable natural resource use, regulation of industries, and waste management.

III. Key Environmental Legislation

• Water and Air Pollution Acts:

  • Water Pollution Act:

    • Establishes regulatory bodies (Central and State Pollution Control Boards) for water pollution management.

    • Focus on prevention and control systems for water quality.

  • Air Pollution Act (1981):

    • Also mandates establishment of pollution control authorities for air quality management.

• Indian Penal Code (1869):

  • Addresses environmental offenses like nuisance and pollution, establishing legal grounds for enforcement.

IV. General Principles of Environmental Law

• Principles applied by Indian Courts:

  • Precautionary Principle:

    • Emphasizes taking proactive measures against environmental harm, even under scientific uncertainty.

  • Inter-Generational Equity:

    • Highlighted in sustainable development discussions; states as trustees of natural resources for public benefit.

  • Polluter Pays Principle:

    • Liability of polluters to compensate for environmental damage, as established in major court rulings.

V. The Environment Protection Act, 1986

• Purpose:

  • Umbrella legislation for environmental protection; empowers the Central Government to take necessary measures to improve environmental quality.

  • Includes provisions for handling hazardous substances and environmental regulation procedures.

• Court Interpretations:

  • Judicial precedence establishes application of the polluter pays principle and the precautionary approach in environmental legislation, demonstrated in various landmark cases.