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Legal Environment of Business (LAW) IBS, Mumbai

Environment Protection and Business Obligations

Outline
Environment

Pollution

Environment Segments

of Environment Pollution Kinds of Pollution Environment Protection Law

Causes

Rule of Strict and Absolute Liability

Vicarious

Liability Common Law Remedies Applicability of Criminal Law Environmental Law & Constitution of India

ENVIRONMENT POLLUTION

Environment Segments
Atmosphere

Hydrosphere

Lithosphere

Biosphere

Causes of Environment Pollution


Natural

Causes

Floods

Earthquakes

etc. Man-Made Causes Population Growth Industrialization Deforestation etc.

Cyclones

Kinds of Pollution
Air

Pollution Water Pollution Sound Pollution Land Pollution Oil Pollution Nuclear Pollution Thermal Pollution Solid Waste Pollution

Environment Protection Act (Law), 1986

Rule of Strict Liability


Formed

in 1868 by the House of Lords Ryland's vs. Fletcher (R vs. F)\

Mr. R Constructed reservoir

Unknown old disused shafts Bursting of shafts Damaging Mr. Fs Coal Mines

Rule:

If a person brings on his land anything which is likely to do mischief if it escapes, he will be prima facie answerable for the damage caused by its escape though he had not been negligent.

Exceptions
Plaintiffs

own default

Act

of God of Plaintiff

Consent

Act

of Third Party

Rule of Absolute Liability


Developed

by The Supreme Court of India post the Bhopal Gas Tragedy More Stringent than Strict Liability Bhopal Gas Tragedy Rule: If an enterprise is engaged in a hazardous industry which poses a potential threat to the health & safety it holds an absolute responsibility.

Vicarious Liability
Normally

no person is held responsible for the wrongs done by someone else. However, there are few instances wherein a person can be held liable for the conduct of another person. This liability is known as Vicarious Liability.

Liability of the Principal for the act of his Agent

Liability

of the Partners Liability of the Master for the act of his Servant

Common Law Remedies


Damages

Injunction

Abatement

Application of Criminal Law


Public

Nuisance(Section 268)

Soltau vs. Deheld / Shopkeeper


Negligent

act likely to spread infection of disease dangerous to life(Section 269) Malignant act likely to spread infection of disease dangerous to life(section 270) Fouling water of public spring or reservoir (section 277)
Ganga Water Pollution Case

Application of Criminal Law


Making

atmosphere noxious to health (Section 278)

Shriram Food vs. Fertilizer Case

Negligent

conduct with respect to poisonous substance (Section 284)


Taj Mahal Case

Negligent

conduct with respect to fire or combustible matter (Section 285)


Paints Manufacturer

Negligent

conduct with respect to explosive substance (Section 286)

Environmental Legislation in India


The environmental protection legislations dates back to 1970s, when the Government of India drew immense inspiration from the proclamation adopted by the United Nations Conference on the Human Environment, 1972 and enacted various constitution and legislative provisions to prevent and control the pollution of various kinds.

Articles Dealing with Environmental Protection


Article No. Article 19(1)(g) Article 21 Article 48A Details Right to practice any profession Right to life and personal liberty Protection and Improvement of the environment To protect and improve the natural environment

Article 51A(g)

Legislations
The

Water Act, 1974 The Air Act, 1981 Forest Conservation Act, 1980 The Wild Life Act, 1972 The Hazardous Wastes Rules, 1989

Thank You
Karan

Sheth Miti Bakshi Nikhar Agrawal Somil Shah Sakshi Rastogi