LAW AND ENVIRONMENT

The word environment is derived from the French word Environner and Latin word in-viron, which
means to encircle or surround.
DEFINITIONS
The Indian Environment (Protection) Act, 1986 under Sec 2 (a), defines environment as including
water, air and land and the inter-relationship which exists among and between water, air and land, and
human beings, other living creatures, plants, microorganism and property.
Section 2(c) of the National Green Tribunal Act, 2010-Environment includes water, air and land and
the interrelationship which exists among the between water, air and land and human beings, other living
creatures, plants, microorganism and property.
In T.N Godavarman Thirumalpad v UOI AIR 2002, Supreme Court of India-
Environment is a difficult word to define. Its normal meaning relates to the surroundings, but obviously
that is a concept which is relatable to whatever object it is which is surrounded. Environment is a
polycentric and multifaceted problem affecting the human existence.
K.M Chinnappa v. UOI, AIR 2003, S.C, Justice Arjit Pasayat stated that-
Environmental law is an instrument to protect and improve the environment and control or prevent any
act or omission polluting or likely to pollute the environment.
POLLUTION
The word pollution is derived from the Latin word polluere which means to contaminate any feature
of the environment or to soil or defile.
M.C Mehta v Kamal Nath, AIR 2000 SC, Justice Saghir Ahmad- Pollution is a civil wrong, by its
very nature it is a tort committed against the community as a whole. A person, therefore, who is guilty of
causing pollution has to compensate for the damages for the restoration of environment & ecology.
Causes of Pollution
The causes of pollution are basically classified into two categories-
A. Natural Phenomena- drought, volcanic eruptions, floods, epidemics, forest-firs, earthquakes,
cyclones, etc.
B. Man Made activities- Uncontrolled industrialization, over urbanization, poor waste management,
poor disposal of untreated chemical effluents and hazardous substances, population explosions, poverty
and unequal distribution of wealth, over exploitation of natural resources etc.
Types of Pollution
On the basis of object which is getting polluted:
i. Air Pollution
ii. Water Pollution
iii. Land or soil pollution
iv. Solid water pollution
v. Food pollution (i.e. adulteration)
vi. Noise pollution

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 vii. Thermal pollution, and
viii. Nuclear or Radioactive Pollution

i. AIR POLLUTION
Over concentration of carbon dioxide is one of the causes of air pollution. Air pollutants are
mainly of two types: - (a) Gaseous pollutants carbon monoxide, oxides of Sulphur, hydrogen
sulphide, hydrocarbons, oxides of nitrogen, ozone & other oxidants. (b) Particulate Pollutants-
Dust, fume, mist, spray, smoke etc.
ii. WATER POLLUTION
It may be defined as the presence of some inorganic, organic, biological, radiological or physical
foreign substances in the water that tend to degrade its quality and which makes it unsuitable for
the purpose for which it would be suitable in the natural state. Hepatitis, gastro- enteritis, cholera
are the main diseases caused by polluted water.
iii. LAND/ SOIL POLLUTION
Deforestation, release of toxic substances on the land, throwing of unhygienic waste on earth,
dumping of garbage, biomedical waste causes land pollution. Rain water percolates top the soil
carrying the pollutants to the ground and the ground water also gets contaminated.
iv. SOLID WASTE POLLUTION
Wastes are the rubbish or materials that are not needed on economically unusable without further
processing. Solid wastes may contain agricultural wastes, ashes, bio-medical wastes, parts of
dead animals, dry or wet garbage from domestic activities which may contain plastics, metals,
glass, wood paper, detergents, industrial wastes, mining wastes etc.
v. FOOD POLLUTION
The pollution of food begins by use of chemical fertilizers and various pesticides at different
stages of plant growth, starting from its germination and plantation up to the stage when it gets
flowers and fruits, for the protection and development of the plant. These chemicals directly or
indirectly affect the quality of the food and affects health of consumer.
vi. NOISE POLLUTION
Noise can be defined as unwanted sound. The most immediate and acute effect of noise pollution
is impairment of hearing, caused by loudness- measured in terms of decibels (dB).
In Bijendra Patra v. District Magistrate, Cuttack, it was held that noise not only causes
irritation or annoyance but it also constricts the arteries and increases the flow of adrenalin and
forces the heart to work faster thereby accelerating the rate of cardiac ailments, the reason is that
continuous noise causes an increase in cholesterol level resulting in permanent constriction of
blood vessels, making one prone to heart attacks and strokes.
vii. THERMAL POLLUTION
Any undesirable, harmful change in natural temperature in a particular locality, disturbing the
natural heat balance of the surroundings is called as Thermal Pollution. Many nuclear power
plants dump hot water into the rivers. Further, wastes from nuclear power plants, nuclear and
weapon production facilities causes cancers, birth defects and miscarriages.
viii. NUCLEAR OR RADIOACTIVE POLLUTION
It is related to all major life-supporting systems-air, water and soil. Radioactivity is a
phenomenon of spontaneous emission of alpha, beta and gamma rays as a result of disintegration
of atomic nuclei of some elements. Long or repeated exposure to it can cause cancer and
leukemia and induce mutation.

ENVIRONMENTAL DEGRADATION

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The term environment degradation refers to deterioration in physical components brought in by
anthropogenic (or man-made) process to such an extent that it could not be set right by
homeostatic mechanism (a self-regulatory mechanism) of environment.
Sec 2 (c) of the Environment (Protection) Act, 1986, Environmental pollution means the
presence in the environment of any environmental pollutant.
Sec 2(b) of the Environment Pollution Act, 1986 defines environmental Pollutant in the
following way:-Environmental Pollutant means any solid, liquid or gaseous substance present
in such concentration as may be or tend to be injurious to environment.

The causes of environmental degradation includes- (i) growth in population (ii) scientific and
technological development at an accelerated pace (iii) ambitious development projects aimed at
fast economic development (iv) expanding industries, urban growth and agricultural development
(v) unscientific utilization of natural resources (vi) poverty (vii)affluence (viii) ignorance
and lack of environmental perception, lack of public awareness towards environment (ix)
philosophical outlook of the society.

The environment degradation is of two major types-

I. Extreme events or hazards (includes natural hazards) e.g. cyclone, earthquakes etc.
II. Pollution

Factors responsible for Environmental Pollution/Degradation

1. POPULATION GROWTH
Rapid population growth puts strain on natural resources which results in degradation of our
environment. Mortality rate has gone down due to better medical facilities which has resulted in
increased lifespan. More population simple means more demand for food, clothes and shelter.
You need more space to grow food and provide homes to millions of people. This results in
deforestation which is another factor of environmental degradation.
2. INDUSTRIALISATION
Use of atomic energy, Kerosene, diesel, Coal and other fossil fuels pollute the air. Industrial
waste has become a major source of environmental pollution. Industrial products like iron
and steel, plywood, sugar, soap, tobacco, rubber all need natural products as basic raw
materials and these exhaust natural resources.
M.C Mehta v The Union of India, AIR 1988 SC, it was observed that some leather
tanneries were discharging untreated effluents in water Kanpur and the river passing by was
highly polluted. The Court ordered the closure of tanneries.
Shree Ram Food and Fertilizer Corporation v The U.O.I 1987, S.C held that the leakage
of Oleum gas was dangerous and closure of the unit was ordered.
3. URBANISATION
In Almitra H. Patel v Union of India (2002), S.C observed:
The historic city of Delhi is one of the most polluted cities in the world. The authorities
responsible for pollution control and environment protection have not been able to provide a
clean and healthy environment to the residents of Delhi. The air is so polluted that it is
difficult to breathe. The river Yamuna, the main source of drinking water supply is the free
dumping place for untreated sewerage and industrial waste. There is no doubt that rapid
industrial development, urbanization and regular flow of persons from rural to urban areas
have made a major contribution towards environmental degradation.
4. DEFORESTATION
Deforestation is the cutting down of trees to make way for more homes and industries. Rapid
growth in population and urban sprawl are two of the major causes of deforestation. Apart

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 from that, use of forest land for agriculture, animal grazing, harvest for fuel wood and
logging are some of the other causes of deforestation. Deforestation contributes to global
warming as decreased forest size puts carbon back into the environment.
5. POVERTY
It reduces peoples capacity to use resources in a sustainable manner. Due to poverty, several
problems like increasing demand for kerosene, fire wood, shortage of food and natural
resources, accommodation and unsanitary conditions in slum areas have come in the
forefront.

ENVIRONMENTAL POLICY AND LEGISLATIONS IN INDIA

A. Policy and Laws in Ancient India (500 BC-1638 AD)
Protection and cleaning up of environment was the essence of Vedic (1500500
BC) culture.
Charak Samhita (medical Science book of 900 BC - 600 BC) give many
instructions for the use of water for maintaining its purity.
Under the Arthashastra (an ancient book on statecraft, economic policy and
military strategy), various punishments were prescribed for cutting trees, damaging
forests, and for killing animals and environmental ethics of nature conservation
were not only applicable to common man but the rulers and kings were also bound
by them.
B. Policy and Laws in Medieval (1638-1800 AD) India
To Mughal rulers, forest meant no more than woodlands where they could hunt.
Barring royal trees which enjoyed patronage from being cut except upon a fee, there
was no restriction on cutting of other trees, hunting animals, etc.
Forests during this period shrank steadily in size.
C. Laws in British (1800-1947 AD) India
Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of
seawater.
Merchant Shipping Act of 1858 dealt with 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
D. In Independent India
There are three key policies relating to environmental protection in India. They are:
-The National Forest Policy, 1988
-Policy statement for Abatement of Pollution, 1992
-National Conservation Strategy and Policy Statement on Environment and Development,
1992
- Draft National Environment Policy, 2004
-National Environment Policy, 2006

Legislations and Rules for the Protection of Environment in India

Pollution related laws

1. The Water (Prevention and Control of Pollution) Act, 1974

The Act provides for the prevention and control of water pollution and maintenance and
restoration of wholesomeness of water. It establishes a Central Pollution Control Board at

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the national level and State Pollution Control Boards in every state in order to administer
and implement the Act. Before the establishment of an industry dealing with water which is
likely to discharge sewage or trade effluents, the project proponent should get prior consent
of the State Pollution Control Board and comply with the conditions laid down by the
Board. Any violation of the provisions of the Act will attract penal provisions. The State
Pollution Control Board and citizens (after 60 days notice in case of citizens) can launch
prosecution against the polluting industry.

2. The Water (Prevention and Control of Pollution) Cess Act, 1977

The purpose of the Act is to provide for the levy and collection of cess on water for human
consumption within industries and by local authorities. According to the Act, a rebate is
available for the person or local authority installing a plant for the treatment of sewage or
trade effluents. An amendment made in the year 1991, provided that rebates be withheld
from persons who fail to comply with the Water Act, 1974 and the Environment
(Protection) Act, 1986.
3. The Air (Prevention and Control of Pollution) Act, 1981
The Air Act was enacted for the prevention, control and abatement of air pollution. The
Central and State Pollution Control Boards were envisaged by the Act and for the purpose
of this Act, the Boards constituted under the Water Act, 1974 shall be deemed to be the
Boards for the Prevention and Control of Air Pollution. The State Pollution Control Boards
are empowered to declare air pollution control areas. Consent of the State Pollution Control
Board is required to establish or operate any industry in an air pollution controlled area.

4. The Environment (Protection) Act, 1986

It is a comprehensive umbrella legislation, which covers not only industrial pollution, but
also all aspects of environmental degradation. It does not create any permanent authority
like Central or State Pollution Control Boards as established by the Water Act or Air Act.
The Act gives powers to the Central Government to make Rules or Notifications or to
create any authority to deal with specific environmental problems in the country. This
provision enabled the Central Government to issue many important Rules and
Notifications. These include, the Hazardous Waste (Management and Handling) Rules
1989; the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989; the
Coastal Regulation Zone Notification 1991; the Scheme of Labeling of Environment
Friendly Products (Ecomarks) 1992; the Notification on Environmental Statement 1992;
the Notification on Environmental Impact Assessment 1994; the Notification on Public
Hearing 1997; the Bio-medical Waste (Management and Handling) Rules 1998; the
Recycled Plastics Manufacture and Usage Rules 1999; the Notification on Dumping and
Disposal of Fly ash 1999; the Noise Pollution (Regulation and Control) Rules 2000, the
Municipal Solid Waste (Management and Handling) Rules, etc.

Nature conservation laws

1. The Wildlife (Protection) Act, 1972

This Act provides for the protection of wild animals, birds and plants and constitutes
authorities such as Director of Wildlife Preservation, Wildlife Wardens, and Wildlife
Advisory Boards for that purpose. According to the Act, wildlife means and includes any
animal, bees, butterflies, crustacean, fish and moths and aqua or land vegetation which

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form part of any habitat. An amendment made to the Act in 1986 and 1991 prohibited all
kinds of trade of wild animals and animal articles.

2. The Forest (Conservation) Act, 1980

This Act is a significant piece of legislation which seeks to conserve forests from any sort
of developmental activity. The spirit of this legislation is that it prohibits the use of forest
land for any non-forest purpose, except with the prior approval of Central Government.
According to the Act, non-forest purpose means breaking up or clearing of any forest land
for cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticulture crops or
medicinal plants and any purpose other than reforestation. The Protection of Plant Varieties
and Farmers Rights Act, 2001 and the Biological Diversity Act, 2002, though enacted to
achieve many other objectives, both contain provisions to protect and conserve the plant
genetic resources and biological diversity as their cardinal principles.

3. INDIAN FOREST ACT, 1927

The act deals with reserved forest, village forest, protected forest, control over forests and
lands not being property of government, the duty on timber and other forest produce,
regulation transit of forest products, collection of timber, penalties and procedures, cattle
trespass, forest officers and other miscellaneous provisions.
An unauthorized felling of trees, setting fire to a reserved forest, negligent damage to
timber, quarrying, clearing of land for cultivation, trespassing, hunting etc. in the reserved
forest is punishable with imprisonment for a term which may extend to six months or with
fine up to 500 or both in addition to such compensation for damage done to forest.
T.N GODAVARAMAN THIRUMULKPAD V UNION OF India (FOREST CONSERVATION
CASE) AIR 1997 SC
The high watermark in the forest protection measures is the T.N Godavarman case in which
the Supreme Court took stock of the entire forest scenario in the country. The courts
interpretation of the expression forest and forest land was timely.
In this case, the Supreme Courts attention is drawn towards the degradation and
degeneration of forests on account of the various non-forest activities (viz. running of
saw mils including veneer or plywood mills and mining of material) carried on in forests
with permission of the State Governments. The court held that all on-going activity within
any forest in any state throughout the country, without prior permission of the Central
Government must stop forthwith.

ENVIRONMENT ACT AND BASIC PRINCIPLES

THE ENVIRONMENT ACT, 1986
It enacted under Art 253 of the Constitution of India to implement the decisions made at the
United Nations Conference on Human Environment held at Stockholm, 1972. The act
extends to whole of India and its objective is- to provide for the protection and
improvement of environment and for matters connected therewith.
Sec 3 of the Act empowers the Centre to take all such measures as it deems necessary or
expedient for the purpose of protecting and improving the quality of the environment.

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The citizens suit provision in the Environment Act expands the concept of locus standi in
environmental prosecutions. This provision appears to give public significant powers to
enforce the Environment Act.

THE ENVIRONMENT (PROTECTION) RULES, 1986

It allows the State or Central authorities to establish more stringent emission/discharge
standards, based on the quality of the recipient system, than the current uniform standards
prescribed under these rules
ENVIRONMENT AUDIT was added by the amendment notification in 1992. The rules
made the submission of an environmental audit report compulsory.

ECOMARK- It is a label given to environment-friendly consumer products the label is

known as ECOMARK. The scheme was meant to provide incentive to the manufacturers,
to assist consumers to become environmentally responsible, and to improve the quality of
environment leading to sustainable management of resources.
ENVIRONMENT IMPACT ASSESSMENT (EIA) - It examines consequences of projects,
plans or policies at different level and predicts future changes in the environment.
ENVIRONMENTAL COURTS
In Vellore Citizens Case (AIR 1996) S.C made a request to the Chief Justice of the Madras
High Court to constitute a special bench- a green bench-to deal with the cases on
environmental matters.
In AIR POLLUTION CONTROL BOARD V M.V NAYUDU (AIR 1999), the S.C in this
case again expressed the need for the establishment of environmental courts consisting of
judicial and scientific expertise.
National Environmental Appellate Authority Act, 1997 comes very close to the ideals set by
the Supreme Court.

NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997

On 30th January, 1997, the President of India promulgated an ordinance to provide for the
establishment of a NEAA to hear appeals with respect to restriction in areas in which any
industries, operations or processes shall not be carried out or shall be carried out subject to
certain safeguards under the Environment Protection Act, 1986. The Central Government
has appointed the Authority on 17.1.1998.Headquarter-Delhi.
The authority- A Chairperson (have been a judge of the S.C) A Vice-Chairperson (Chief
Justice of the High Court) and such other members not exceeding three (2 years held the
post of Secretary to the GOI and expertise).

PRECAUTIONARY AND POLLUTER PAYS PRINCIPLE

PRECAUTIONARY PRINCIPLE
It is based on the theory that it is better to err on the side of caution and prevent
environmental harm which may indeed become irreversible. Essential ingredients of the
precautionary principle are:
(i) Environmental measures- by the State government and the statutory authorities- must
anticipate, prevent and attack the causes of environmental degradation.
(ii) When there are threats of serious and irreversible damage, lack of scientific Certainity
should not be used as a reason,

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(iii) The onus of proof is on the actor or the developer/industrialist to show that his action
is environmentally benign.
(iv) Precautionary duties must not only be triggered by the suspicion of concrete danger but
also by justified concern.
M.C MEHTA V. UOI (CNG Vehicles Case) (AIR 2002 SC)
The Supreme Court observed that the auto policy must adopt the precautionary
principle and make informed recommendations which balance the needs of transportation
with the need to protect the environment and reverse the large scale degradation that has
resulted over the years, priority being given to the environment over economic issue.

POLLUTER PAYS PRINCIPLE

It means the polluter should bear the cost of pollution as the polluter is responsible for
pollution. This principle means that the absolute liability for harm to the environment
extends not only to compensate the victims of pollution but also to the cost of restoring the
environmental degradation. It is not the role of Government to meet the costs involved in
either prevention of such damage, or in carrying out remedial action, because the effect of
this would be to shift the financial burden of the pollution incident to taxpayer.
It may be noted that the polluter pays principle evolved out of the rule of absolute liability
as laid down by the apex court in Shriram Gas Leak Case.
In the CALCUTTA TANNERIES CASE [M.C Mehta v. Union of India 1997 S.C], the
task of assessment and recovery of restoration costs was assigned to an authority appointed
by the State Government. The apex court also directed polluters to pay a pollution fine
with the proceeds being credited to an environment protection fund for the restoration of
the local environment.
The polluter pays principle though recognized judicially in India does not find a place in
the major environmental legislations viz. Water, Air and Environment Acts. In Vellore
Citizens Case, the apex court stated that precautionary principle and polluter pays principle
govern the law in India as is clear from Arts. 48A and 51-A (g) of the Constitution.

PUBLIC TRUST DOCTRINE

The doctrine primarily rests on the principle that certain resources like air, waters and the
forests have such a great importance to the people as a whole that it would be unjustified to
make them a subject of private ownership. The doctrine enjoins upon the Government to
protect the resources for the enjoyment of the general public rather than to permit their use
for private ownership or commercial purposes.
M.C MEHTA V KAMAL NATH (SPAN MOTEL CASE 1997 SC)
A news stated that a lease is granted by the State Government of riparian forest land for
commercial purposes to a private company having a Motel located for commercial
purposes to a private company having a Motel located at the bank of river Beas. The SC
held that the State Government committed a breach of public trust by leasing the
ecologically fragile land to the Motel management. The court quashed the lease and prior
approval granted y Govt. of India, MoEF.

INTERGENERATIONAL EQUITY
Intergenerational Equity i.e. moral obligation of the resent generation to manage the earth
in a manner without jeopardizing the aesthetic and economic welfare of the future
generations is advanced as an argument in favour of sustainable development and natural
resource use. If present generations continue to consume and deplete resources at
unsustainable rates, future generations will suffer the environmental consequences.

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 SUSTAINABLE DEVELOPMENT
It means an integration of development and environmental imperatives. To be sustainable,
development must possess both economic and ecological sustainability. The necessary
conditions for achieving sustainable development are ecological security, economic
efficiency and social equity. It does not end with the sustainability of just the environment
and resource system but requires the sustainability also of economic and social system.
Eco-development is a related concept. It is a process of ecologically sound development,
of positive management of environment for human benefit. It also includes alternative
development strategies: biogas, substitutes for natural resources, social forestry, micro-
irrigation and recycling of wastes to prevent pollution.
The DEHRADUN QUARRYING CASE (AIR 1987), was the first case of its kind in the
country involving issues relating to environment and ecological balance which brought into
sharp focus the conflict between development and conservation.
VELLORE CITIZENS CASE is a landmark judgment where the principle of sustainable
development has been adopted by the Supreme Court as a balancing concept. While
rejecting the old notion that development and environmental protection cannot go together,
the apex court held the view that sustainable development has now come to be accepted as
a viable concept to eradicate poverty and improve the quality of human life while living
within the carrying capacity of the supporting ecosystem.
GOA FOUNDATION V. DIKSHA HOLDINGS (AIR 2001 SC), a PIL filed against
construction of hotel and sea beach resort in Goa coastal area on the ground that it would
cause environmental damage. Held that the permission granted to the proposed hotel
project was based on consideration of relevant material; and the grant of permission was
not in violation of any statutory provisions.

CONSTITUTION OF INDIA AND ENVIRONMENT

42nd amendment 1976 added Article 48A to the DPSP which declares: the state shall endeavor to
protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 51(A) (g) imposes a fundamental duty to protect and improve the natural environment
including forests, lake, rivers and wildlife and to have compassion for living creatures.
Forests and Wildlife were transferred from the state list to the Concurrent List.
Article 253- it suggests that in the wake of the Stockholm Conference in 1972, Parliament has the
power to legislate on all matters linked to the preservation of natural resources.
The Tiwari Committee in 1980 recommended that a new entry on Environmental Protection be
introduced in the concurrent list to enable the center to legislate on environmental subjects.
Article 14 it may be invoked to challenge government sanctions for mining and other activities
with high environmental impact, where the permissions are arbitrarily granted without an
adequate consideration of environmental impacts.
Article 19(1) (g) - court need to balance environmental interests with the fundamental right to
carry on any occupation, trade or business. For example, effluent discharge standards prescribed
by the pollution control may be challenged under Article 19 for being excessive.
Article 21- Right to Wholesome Environment.
In Maneka Gandhi v Union of India (AIR 1978), the S.C held that the right to life is not confined
to mere animal existence, but extends to the right to live with basic human dignity (Bhagwati J.).
Vellore Citizens Welfare Forum v. Union of India (AIR 1996), the Supreme Court held that the
remediation of the damaged environment is part of the process of sustainable development and
such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the
damaged ecology.

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 Constitutional Remedies: The Writs
Generally, writs of mandamus, certiorari and prohibition are used in environmental matters. For
instance, a mandamus would lie against a municipality that fails to construct sewers and drains
etc. Similarly a writ of certiorari will lie against a municipal authority that considers a builders
application and permits construction contrary to development rules.
There are certain limitations on the writ jurisdiction:-
i. Locus standi- S.C has recognized that where a public wrong is caused by the State, any member
of the public acting in good faith can maintain an action for redress.
ii. Alternative Remedy- the rule of exhaustion of remedies can be waived by a court in suitable
cases e.g. - where the impugned action violates the principles of natural justice, or where a
government authority has exceeded its jurisdiction.
iii. Laches- doctrine of laches is often relaxed in environmental actions brought in the public interest.
Public Interest Litigation (PIL)
It is a collaborative effort between the court, the citizen and the public official, where procedural
safeguards have a diminished utility and may be relaxed to enable relief.
The standing which permits the poor and oppressed to be represented by volunteers is described
as representative standing. It helped to secure the release of bonded laborers.
Besides providing remedies or reliefs to aggrieved persons, the S.C in many PIL cases, have
entered into fields traditionally reserved for executive.
RURAL LITIGATION AND ENTITLEMENT KENDRA, DEHADUN V STATE OF U.P (AIR 1985
SC)
This case for the first time brings into sharp focus the conflict between development and
conservation and serves to emphasize the need for reconciling the Supreme Court to balance
environmental and ecological integrity against industrial demands on forest resources.
KINKRI DEVI V. STATE OF H.P (AIR 1988 H.P)
The Court observed- there is both a constitutional pointer to the State (Art 48A of Directive
Principles) and constitutional duty of the citizen (Art. 51-A (g) of Fundamental Duties) not only
to protect but also to improve the environment.
M.C MEHTA V UNION OF INDIA TAZ TRAPEZIUM CASE AIR 1997
The foundries, chemical/hazardous industries and the refinery at Mathura are the major source of
damage to the Taj. The So emitted by the Mathura refinery and the industries when combined
with Oxygen- with the aid of moisture- in the atmosphere from Sulphuric acid called Acid
Rain.
The S.C observed- The Precautionary principle and Polluter Pay principle have been accepted
as part of the law of the land. The onus of proof is on industry to show that its operation with
the aid of coke/coal benign. A shifting bonus to be given to employee who agree to shift with
industry. The Supreme Court further directed that all emporia and shops functioning within the
Taj premises to be closed.
M.C MEHTA V UNION OF INDIA (SHRIRAM GAS LEAK CASE) (AIR 1987 SC)
M.C Mehta filed a petition seeking closure of Shriram Industries as it engaged in manufacturing
of hazardous substances and located in a densely populated area of Delhi.
The 5 judge bench held that the right to life contains the right to claim compensation to victims of
pollution hazards. The court observed that apart from issuing directions, it can, under Article 32,
forge new remedies and fashion new strategies designed to enforce fundamental rights.
SACHDANAND PANDEY v STATE OF WEST BENGAL (AIR 1987 SC)
The zoological garden in Calcutta is in the 49 acres block of land. There are some old buildings
and vacant land in the 80acre plot of land, known as the Begam-bari land, out of which 4 acres
were carved out and given to the Taj-groups for construction of hotel. The zoo directors had

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withdrawn their objections to the hotel after the government promised them adjacent lands and
relocation grants.
The Court concluded that the West Bengal Government acted perfectly bona fide in granting lease
of said land to the Taj Hotels. This case shows that developer does not always lose in Indian
courts.
SUBHASH KUMAR V STATE OF BIHAR (AIR 1991 SC)
A petition under Art 32 filed for preventing the pollution of the Bokaro river water from the
sludge/slurry discharged from the washeries of the Tata Iron & Steel Co. Ltd. In the state of
Bihar. In the counter-affidavit filed on behalf of the Bihar State Pollution Board, it is asserted that
the company has been following the directions issued by the Board.
Court observed that the present petition does not appear to have been filed in public interest,
instead the petition has been made by the petitioner in his own interest. Held that recourse to
proceeding under Article 32 should e taken by a person genuinely interested in the protection of
society on behalf of the community. PIL cannot be invoked by person or body of persons to
satisfy his or its personal grudge and enmity.

LAW OF TORT AND ENVIRONMENT

Nuisance- it includes any act, omission, injury, damage, annoyance or offence to the sense of
sight, smell, hearing or which is or may be dangerous to life or injurious to health or property.
Nuisance are of two types- public and private. A public nuisance can be defined as an
unreasonable interference with a right common to general public. It is both a tort and a crime.
A private nuisance is a substantial and unreasonable interference with the use and enjoyment of
land. The procedure for removal of a public nuisance is laid down in Sec. 133 to 143 of the Code
of Criminal Procedure, 1973 and in Sec 91 of the Code of Civil Procedure, 1908.

Negligence- The casual connection between the negligent act and the plaintiffs injury is often the
most problematic link in pollution cases.

Strict Liability- This allows the growth of hazardous industries, while ensuring that such
enterprises will bear the burden of the damage they cause when a hazardous substance escapes.
The S.C in Shriram Gas Leak case has stated a new principle of liability for enterprises engaged
in hazardous or inherently dangerous activities.
B. VENKATAPPA V B.LOVIS (AIR 1986 A.P)
The High Court observed: the maxim conjust est solum ejus est usque ad coelom (the owner of
the soil is the owner also of the whole column of space above the surface) would equally apply to
the enjoyment of the open space i.e. air space within the height of the buildings and capable of
effective possession. Smoke, fumes and smell, either together or singly which materially interfere
with the ordinary physical comfort of human existence, constitute a nuisance in law. They need
not be actually noxious or injurious to health.

LAW OF CRIMES AND ENVIRONMENT

Sec 268 of Indian Penal Code, 1860, a person is guilty of an illegal omission which causes any
common injury, damage or annoyance to the public or to the people in general who dwell or
occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or
annoyance to person who may have occasion to use any public right.

SEC 133 CrPC, 1973- It empowers a magistrate to pass an order for the removal of a public
nuisance within a fixed period of time. The order is conditional because it is only a preliminary
order. When a person fails to appear and show cause (against the order), the order is made final.

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 Once a magistrate has before him evidence of a public nuisance, he must order removal of the
nuisance within a fixed time. If the final order is defied or ignored then Sec 188 of Indian Penal
Code comes into play.

SEC 188 of Indian Penal Code, 1860- whoever knowing that, by an order promulgated by a
public servant lawfully empowered to promulgate such order, he is directed to abstain from a
certain act, disobeys such directions and if such disobedience causes or tends to cause danger to
human life, health or safety- imprisonment upto six months or fine upto 1000/- or both.
Punishment and fine have been characterized as meager. For instance, punishment prescribed for
fouling water of public spring or reservoir is imprisoned for three months or fine of 500/- or
both (Sec 277 Indian Penal Code).
RATLAM MUNICIPALITY V VARDHICHAND (AIR 1980 SC)
The S.C ordered that the Municipality should take action for constructing latrines and providing
drainage within a period of 6 months. The court said it is sure that the State Government will
make available by way of loans or grants sufficient financial aid to the Ratlam Municipality to
enable it to fulfill its obligations under this order. The State will realize that Art 47 of Constitution
make it a paramount principle of governance that steps are taken for the improvement of public
health as amongst its primary duties.

WATER POLLUTION
There are four major sources of law for addressing water pollution problems:
(i) Water (Prevention and Control of Pollution) Act, 1974
(ii) Environment (Protection) Act, 1986
(iii) Public nuisance action against polluters, and
(iv) Common law right of riparian owners to unpolluted water.

i. The Water Act, 1974

It was enacted for the purpose of prevention of pollution of water and for maintaining or restoring
the wholesomeness of water. This act is applicable in the whole of India, but Sec 19(1) of the Act
empowers the state government to restrict the application of the Act to certain areas.
Sec 3 and 4 of the Water Act provides for the constitution of Central and State Boards.
19888 amendments have provided for more stringent penalties. The penalties range from a
minimum imprisonment of 3 months to a maximum of 7 years, and a fine from 1,000 to
10,000/-.
MAHMUD ALI V. STATE OF BIHAR (AIR 1986 Pat), it was held that under Sec. 47, only those
directors, officers, etc. can be punished with whose consent or connivance or on account of whose
neglect the offence was committed.
In RE BHAVANI RIVER-SAKHTI SUGAR Ltd., 1998, Sakhti Sugar Distillery Ltd., in the
course of its business, discharged effluents into the Bhavani River. The High Court disposed of
the petition on the ground that consent to operate the industry had been given by the APCB. The
S.C held: We are somewhat unhappy about the manner in which the Pollution Control Board
gave its consent unmindful of the grave consequences, which have been amply demonstrated
before us.

ii. THE WATER CESS ACT, 1977

It was passed by the Parliament to meet expenses of Central and State Boards. It requires the
local authorities and certain designated industries to pay a cess for water consumption.

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The Centre adopted the Water Cess Act without the approval of the State Governments.
M/S DURGA GLASS WORKS, FIROZABAD v. Union of India (AIR 1979 ALL), it was held that
Cess is meant for prevention and control of pollution. It cannot be imagined that Glass industry
is not consuming water in the industry in any form.it is not possible for the legislature to mention
each and every industry in the schedule 1.
Common Law Riparian Rights- a riparian owner is one who has title to land adjacent to a natural
stream. Under sec 7 of the India Easements Act, 1882, every riparian owner has the right to the
continued flow of the waters of a natural stream in its natural condition without obstruction or
unreasonable pollution.
M.C MEHTA V UNION OF INDIA [GANGA POLLUTION (TANNERIES) CASE] AIR 1988 SC
The petition was directed at the Kanpur Municipalitys failure to prevent waste water from
polluting the Ganga. The discharge of effluents from tanneries at Jajmau near Kanpur, without
treating the effluents first into a primary treatment plant has been causing considerable damage.
Sec 24 of the Water Act, 1974, prohibits the use of any stream or well for disposal of polluting
matter, etc.
Court issued direction to the tanneries to set up effluent treatment plants within a period of six
months. Each tannery is to make arrangement for the primary treatment of their effluent and then
discharge it into common treatment plant. The court further observed that the closure of tanneries
may bring unemployment, loss of revenues, but life, health and ecology have greater importance
to the people.
The case highlighted the pollution condition of the river Ganga more than 13years after the
enactment of Water Act.
M.C MEHTA V UNION OF India [GANGA POLLUTION (MUNICIPALITIES) CASE] AIR 1988
SC
The SC in this case held that the Nagar Mahapalika of Kanpur has to bear the major
responsibilities for the pollution of the river Ganga near Kanpur city.
The court observed that the petitioner is not a riparian owner, but he is a person interested in
protecting the lives of people who make use of the water flowing in the river Ganga. The
nuisance caused by the pollution of Ganga is a public nuisance and it would not be reasonable to
expect any particular person to take proceedings to stop it as distinct from the community at
large.
AIR POLLUTION
THE AIR ACT, 1981
It was enacted by invoking the Central Governments power under Art 253 to make laws
implementing decisions taken at international conferences. It deals exclusively with the
preservation of air quality and the control of air pollution. The Air Act follows the basic structure
of the Water Act- with a Central Board and State Boards administering a system of consent
orders, monitoring activities, and enforcement through fines and criminal prosecutions.
The Board, in addition to the Chairman can comprise of a maximum of 15 members with a
proviso that no less than two of the members are persons having special knowledge or practical
experience in respect of matters relating to the improvement of the quality of air or the
prevention, control or abatement of air pollution.
Light pollution caused by high intensity signboards, neon advertisements and their jamming
light effects is not covered by the Act. Noise pollution through medium of air is covered under the
Act.
The Air Act grants discretion to each State Government to designate particular areas as air
pollution control areas.
MURLI S. DEORA V UOI (2001) SC

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 The apex court took account of smoking in public places (passive smoking) and its contribution
towards air pollution. The court held that there is no reason to compel non-smokers to be helpless
victims of air pollution. The Central Government in 2003, enacted The Cigarettes and Other
Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, which prohibited smoking in public places.
M.C MEHTA (2003) CASE, the apex court directed the Bhure Lal Committee to examine the
possibility of the use of LPG as an alternate fuel; and to lay down a time-frame for moving to
Euro III norms. The court also directed to constitute an agency for conducting random inspection
regarding the quality of petrol and diesel available at the petrol pumps, oil depots and tank
Lorries in Delhi.
NOSE POLLUTION
In India, various legislations contain provisions for noise abatement: The Motor Vehicles Act,
1988, The Industries Act, Specific Relief Act for redressal against health hazards, Environment
(Protection) etc., 1986, etc.
In 1989, the Environment (Protection) Rules were amended to prescribe ambient air quality
standards in respect of noise. These standards lay down the day time and night time limits of
noise in industrial, commercial and residential areas as well as in silence zones. A silence zone
is an area up to 100 metres around hospitals, educational institutions, courts, etc.
NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000
These rules relate to maintaining of ambient air quality standards in respect of noise in different
areas/zones, responsibility as to enforcement of noise pollution control measures, restrictions on
the use of loudspeakers/ public address systems, consequences of a violation in silence
zones/areas, authorities to whom complaint may be made.
The noise rules require the States to make measures to ensure that ambient air quality standards
are met and imposes a duty on local bodies to have regard to noise pollution as a parameter of
quality of life while planning developmental activity.
DHANNA LAL V. THAKUR CHITTAR SINGH (AIR 1959 M.P)
The Plaintiff-respondent has his house at a distance of 8 or 9 feet from the four-mill belonging to
defendant. The Plaintiff alleged that the working of flour mill caused great trouble to the
occupants of the house, due to abnormal or unreasonable noise. H.C observed that when a
persons conduct unduly interferes with his neighbor in the comfortable and convenient
enjoyment of his land, it is a private nuisance.
It was held that the abnormal noises produced by the flour-mill materially impaired the physical
comforts of the occupants of the house of the respondent and as such amounted to actionable
nuisance. The Municipality has no power to confer rights upon anybody to commit private
nuisance.
In Maulana Mufti Syed Barkati v State of W.B (AIR 1999 Cal), a division bench of the Calcutta
High Court upheld the restriction on the use of loudspeakers, imposed by the state between 9:00
pm and 7:00 am, for the purpose of Azan by the Muslim community, it was held that the use of
loudspeakers was a technological development and was not a part of Islam.
MEASURES TO CURB NOISE POLLUTION
i. The prescribed standards regarding noise by Government of India may be enforced strictly in
letter and spirit;
ii. A separate self-contained legislation dealing with all aspects of noise pollution may be enacted;
iii. Separate courts regarding noise pollution may be established;
iv. The case should be decided within a prescribed time limit;
v. All D.M and SDM should be empowered to issue prohibitory order under Sec 144 of CrPC, 1973
limiting the hours of loudspeaker in religious places and for other social gatherings and functions;

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vi. The press and media should play a constructive role to highlight the disastrous effects of noise
pollution and its remedy.

HYDROELECTRIC PROJECTS
A. SILENT VALLEY PROJECT
It was to dam Kuntipuzha River in Keralas Palghat district. The environmentalist asserted
that as home to one of the remaining rain forest in the Western Ghats, the valley ought to
remain pristine. The environmentalist succeeded mainly due to grass-root campaigns led by
the Kerala Sastra Sahitya Parishad (KSSP), intense lobbying by several NGOs and
influential environmentalists.

B. TEHRI DAM PROJECT

Located in Tehri Garhwal district of U.P, the Tehri Dam Project over river Bhagirithi aimed
at providing irrigation and energy supplies. It is claimed to be the fourth largest dam in the
world, with an estimated cost of 1 2,618 crores.
Environmentalist fear that a severe earthquake could burst the dam (sandwiched between
two major thrusts, its heavy weight and pressure of its reservoir water can generate earth
tremors), and destroy several important temple towns in the thickly populated valley
downstream.
C. NARMADA VALLEY PROJECT
This project covers the States of Gujarat, M.P and Maharashtra. Social activists opposed
this project because the project will displace thousands of people from 237 villages, and
will cause immense environmental damage; the ecological loss due to submergence of
forests; the changes I the downstream ecosystem; the damage due to backwater; and others.
The most controversial of the major dams are the colossal Sardar Sarovar Project in Gujarat
and the Narmada Sagar Project in M.P.

NARMADA BACHAO ANDOLAN V. UNION OF India (2000) SC

The court disposed of the Narmada Bachao Andolan petition declaring that the dam shall
be built as envisaged by the Narmada Tribunal Award given way back in 1979. The Court
observed-
The loss of forest because of any activity is undoubtedly harmful. But these large dams
also cause conversion of wasteland into agricultural land and making the area greener.
Large dams can also become instruments in improving the environment.

REGULATION OF HAZARDOUS SUBSTANCES

A. HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989

It applies to designated categories of wastes and excludes radioactive wastes covered under
Atomic Energy Act, 1962; wastes discharged from ships, covered under the Merchant
Shipping Act, 1958, and; waste water and exhaust gases regulated under the Water Act and
Air Act.
The Union Ministry of Environment and Forests is designated as the nodal agency to
permit the transboundary movement of hazardous wastes.

B. HAZARDOUS CHEMICALS (Manufacture, storage and Import) RULES, 1989

These rules framed by the Central Department of Environment, Forests and Wildlife, apply
to industries that use or store specified hazardous chemicals. It has been framed with a view

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 to fix responsibilities as to the manner of handling, taking adequate preventive measures in
manufacturing, storage and transportation, import of hazardous chemicals.

C. BIO-MEDICAL WASTE (Management and HANDLING) RULES, 1998

The Rules apply to all persons who generate, collect, receive, store, transport, treat, dispose
or handle bio-medical wastes in any form. The Rules envisage the segregation, packing and
disposal of ten categories of bio-medical waste which are listed in Schedule to the Rules.

INTERNATIONAL ENVIRONMENT LAW

The maxim sic utere tuo ut alienum laedas means enjoy your own property without injuring
you neighbor. According to this maxim, every state has right to exploit its own resources, to
establish industries, and to have economic development. However, no State has right and
authority to cause nuisance by its industrial activities, to allow environmental pollution to
neighbouring countries.

STOCKHOLM CONFERENCE, 1972 (5TH June to 16th June, 1972)

First International Conference on Human Environment was held in the Stockholm
(Sweden) from 5TH June to 16th June 1972. This discussion was Magna Carta to
environmental issue and is regarded as the foundation of modern international
environmental law. Main contribution of this conference are:
i. The Declaration on the Human Environment- it is divided into two parts, first part proclaims
truths about man in relation to environment and second part enunciates 26 principles.
Part II provides that the principles contained in the Stockholm Declaration demonstrate that the
world has just one environment. These Principles are combination of political idea, scientific
knowledge and legal laws.
ii. Action Plan for human environment
The conference adopted an Action Pan with 109 recommendations which can be divided under
three heads:
(A) Global Environmental Assessment Programme called Earth Watch- further divided into four
parts viz. Evaluation and Review, Research, Monitoring and Information Exchange.
(B) Environmental Management (C) Supportive Measures
iii. The resolution on International Financial Arrangements.
iv. Resolution on Designation of a World Environment Day
v. Resolution of Nuclear Weapons Tests.
vi. Resolution on the convening of a Second Conference and
vii. Decision to refer to Governments recommendation for action at the national level.

UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP) & UNITED NATIONS

ENVIRONMENT ASSEMBLY (UNEA)
UNEP was established on December 15, 1972 as a result of Stockholm Conference on the Human
Environment in 1972. The Governing Council (GC) of UNEP was also established with 58
member countries as elected members based on the principle of equitable regional representation.
The first ever universal session of GC was held at the 67 th session of the UN General Assembly
in March 2013. UNEA has the mandate to take strategic decisions, provide political guidance in
the work of UNEP and to promote a strong science-policy interface. The UN Environment
Assembly, meets every two years in Nairobi.

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The first UNEA was held in 23-27 June 2014 in Nairobi Kenya, and was attended by over 1,065
participants, including 163 member states and 113 Ministers 2nd session of UNEA took place in
Nairobi, Kenya from the 23rd to 27th May, 2016.

WORLD CHARTER FOR NATURE, 1982

The idea of charter was mooted in 1975 at the 12th General Assembly of the International Union
for Conservation of Nature and Natural Resources (IUCN). Finally IUCN Charter was adopted by
General Assembly on 28th October, 1982 by a majority of 111 votes with 18 absentions and one
negative vote by United States of America.
Purpose- To provide a procedural and substantive protection to the global environment from the
impact of industrialization.
This charter has pronounced 24 principles to conserve the natural resources-
Part I- it requires that the nature shall be respected which in turn requires that the genetic viability
of the earth shall not be compromised.
Part II- It deals functions and seeks to deal with the decision making process, as it becomes
involved with the implementation of social and economic development activities in that due
account shall be taken of the fact that the conservation of nature is an integral part of those
activities.
Part III- deals with implementation of the charter. The charter exerts considerable moral force on
accepting states and member states.

OZONE PROECTION- MONTREAL PROTOCOL FOR THE PROTECTION OF

OZONE LAYER, 1987 AS AMENDED.
The Vienna Convention was signed with the objective to further develop scientific knowledge of
ozone layers and check the possible adverse effects resulting from its depletion.
At the practical level, the Vienna Convention did not set any target or timetables for action and
only required appropriate measures from member countries. It was Montreal Protocol, 1987
which set the firm targets or reducing Consumption and Production of a range of ozone depletion
substances like CFCs.

MONTREAL PROTOCOL, 1987

The treaty was opened for signature on September 16, 1987and entered into force on January 1,
1989, followed by a first meeting in Helsinki, May 1989. Since then, it has got 8 revisions, in
1990(London), 1991(Nairobi), 1992(Copenhagen), 1993(Bangkok), 1995(Vienna),
1997(Montreal), 1999(Beijing) and 2007(Montreal).
Result- ozone hole in Antarctica is slowly recovering. There have been decrease in atmospheric
abundance of gases such as chlorofluorocarbons (CFCs).
BRUNDTLAND REPORT (WCED)
Brundtland, the Ugoslavian Prime Minister, who headed the World Commission on Environment
and Development brought into the term Sustainable Development, in its seminal 1987.
Sustainable Development is development that meets the needs of the present without
compromising the ability of the future generations to meet their own needs.
According to Brundtland Report, the concept of sustainable development contains within it two
key concepts:
(a) The concept of needs, in particular the essential needs of the worlds poor, to which
overriding priority should be given; and
(b) The idea of limitation imposed by the state of technology and social Organisation on the
environments ability to meet present and future needs.

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 Sustainable development contains following general principles, rights and responsibilities for
environment protection:
1. Fundamental Human Rights
2. Inter-Generational Equity
3. Conservation and sustainable Use
4. Environmental Standards and Monitoring
5. Prior Environmental Assessments
6. Prior Notification, Access, and Due Process
7. Sustainable Development and Assistance
8. General obligation to Co-operate
UNITED NATONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT,
1992 or EARTH SUMMIT (June 3-12, 1992)

UN Conference on Environment and Development popularly called Earth Summit held at Ri

de Janeiro (Brazil) from June 3-12, 1992. Conference was attended by representative of 178
nations and 115 heads of government.
The Earth Summit was inspired and guided by a remarkable document of 1987 Brundtland
report. It adopted five specific documents:-
i. The Rio Declaration on Environment and Development
ii. Agenda 21
iii. Declaration on principles in forestry conservation or Forest Principles
iv. Biodiversity Convention
v. Climate Convention

i. The Rio Declaration Environment and Development or Rio Principles

It consists of 27 principles which guide the behavior of nations towards more environmentally
sustainable patterns of development.
Principle 1- human Beings are entitled to a healthy and productive life in harmony with nature.
Principle 2- it is responsibility of state to ensure that their activities do not cause damage to the
environment of other states.
Principle 3- concept of inter-generational rights has been recognized here.
Principle 4- environmental protection shall constitute an integral part of the sustainable
development.
Principle 5- eradication of poverty is an indispensable requirement.
Principle 8- state shall reduce and eliminate unsustainable patterns of production and
consumption.
Principle 9- international transfer of the scientific knowledge needed.
Principle 10- environmental issues are best handled with the participation of all concerned
citizens.
Principle 11- state to enact effective legislation.
Principle 13- national law shall be developed regarding liability and compensation for the victims
of pollution and other environmental damage.
Principle 14- to promote a supportive and open international economic system.
Principle 15- incorporates precautionary principle.
Principle 16- incorporates polluter pay principle.
Principle 17-need of having environmental Impact Assessment (EIA) for proposed activities.
Principle 24- warfare is inherently destructive of sustainable development.
Principle 25- peace, development and environmental protection are interdependent and
indivisible.

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 Principle 27-state and people should co-operate in good faith and in spirit of partnership in
fulfilment of principles embodied in the Declaration.

ii. AGENDA 21
It is known as Agenda 21 because it is intended to provide an agenda for local, national, regional
and global action into the 21st century.
It proposes a group of actions which are intended to be implemented by every human being on
earth. It is divided into following four sections:
Section I- Social and Economic Dimensions.
Section II- Conservation and Management of Resources for Development.
Section III- Strengthening the Role of Major Groups.
Section IV-Means of Implementation

iii. Forest Principles

These principles recognize that forestry issues and opportunities should be examined in a holistic
and balanced manner within the overall context of environment and development.

iv. U.N Convention on Bio-Diversity

It took effect on 29th December, 1993 after it was ratified by the required minimum of 30
countries. It is a treaty which requires signatory member countries to frame their policies to
reduce the loss of plant and animal kingdom
It has three goals namely- (a) Conservation of biodiversity (b) Sustainable use of bio-resources;
and (c) Sharing the benefits received from genestock.

v. U.N Convention on Climate Change

It was the first step in the international communitys attempt to stop global warming. It was
agreed that the wealthier nations should be required to contribute more than poorer nations.
In 1997, the Kyoto Protocol has been adopted which sets specific goals for the States.

COMMISSION ON SUSTAINABLE DEVELOPMENT, 1992

United Nations Conference on Environment and Development (UNCED) was held in Brazil in
1992. It adopted Agenda 21 which is a blue print for a global plan of action for achieving
sustainable development. It is composed of 53 members.

EARTH SUMMIT PLUS FIVE (1997)

A special session of the UN General Assembly at New York on the environment was held in June,
1997 which is also known as Earth Summit plus Five. It was called so, because it was after five
years from the historic Earth Summit in Rio-de-Janeiro in 1992.

KYOTO SUMMIT ON GLOBAL WARNING, 1997

A conference on climate change was held at Kyoto (japan) to review the progress made in 5
years. More than 150 countries participated in it.
The objectives of the K.P can be achieved only when the countries participating and signing the
treaty ratify it an early date and strictly enforce the same in their respective countries.

DELHI SUSTAINABLE DEVELOPMENT SUMMIT, 2002

It held in Delhi and drew worlds attention to poverty alleviation as the means to a sustainable
future.

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 JOHANNESBURG SUMMIT ON SUSTAINABLE DEVELOPMENT, 2002
It was held in Johannesburg, and set no convention or agenda to be signed. Type I and Type II
initiatives were made. Type I was a largely rhetorical Political Declaration focusing- water and
Sanitation, Energy, Health, Agriculture and Biodiversity and Ecosystem Management, the Type II
was a non-binding partnership arrangement between businesses, NGOs and Governments.

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