Introduction To Environmental law
Environmental Law can be explained as a legal framework comprising principles, directives, policies, and regulations founded by different local, national, or international units. Its purpose is to safeguard and maintain the environment, verifying its appropriateness for both present and future generations.
According to Black’s Law Dictionary, environmental law is defined as, “A collective body of rules and regulations, orders and statutes, constraints and allowances that are all concerned with the maintenance and protection of the natural environment of a country”.
Based on the definition of the Free Legal Dictionary, “Environmental Law is, “an amalgam of state and federal statutes, regulations, and common-law principles covering Air Pollution, Water Pollution, hazardous waste, the wilderness, and endangered wildlife”.
What constitutes the environment?
The word “environment” discovers its origins in the French term ‘environner,’ indicating “to encircle.” It encompasses all the surroundings where humans live. These surroundings cover both the entirety of the natural world and the human-made terrain. The natural environment comprises elements like air, water, lakes, trees, and mountains, while the human-made environment consists of developments such as buildings, roads, parks, bridges, monuments, gardens, and more.
As per Section 2(a) of Environment Protection Act, 1986 environment includes Water, Air & Land and the inter-relationship which exists among and between Water, Air and Land & Human Beings, other Living Creatures, Plants, Micro Organisms & Property”.
Environmental Pollution
The term ‘pollution’ emerges from the Latin word “Polluere,” denoting the act of polluting any aspect of the environment. Environmental pollution takes place when any component is unveiled into the environment, humiliating its property to a point where it becomes inappropriate for human habitation. Various forms of environmental pollution involve air pollution, water pollution, noise pollution, and more.
As per Section 2© of the Environment (Protection) Act, 1986, “environmental pollution means the presence in the environment of any environmental harmful agent”.
The Significance of Environmental Protection
Environment and human existence are intricately intertwined, with the quality of an individual’s environment having a profound effect on their quality of life. The Supreme Court of India has stated in numerous cases that the right to a pollution-free environment, including access to unpolluted water and pure air, is fundamental. It is a vital component of the right to life guaranteed by Article 21 of the Indian Constitution.
Development of Environmental Law in India
The development of Environmental Law in India can be classified into two distinct phases:
Development prior to 1972 – During this period, India mainly depended on an amalgamation of tort laws, criminal laws, regulations related to water and forests, and specialized legislation to look into environmental protection matters. It can be noticed that there was comparatively restricted advancement in Indian Environmental Law during this generation.
Development after-1972 – This phase aligned with the outcome of the Stockholm Conference and marked a significant development in the field of International Environmental Law. The Stockholm Conference carried global awareness of environmental protection concerns, and India was no exception to this developing awareness.
The development of Environmental Law In India following the Stockholm Declaration
The 1972 Stockholm Declaration on the Human Environment was a direct result of the 1972 Stockholm Conference of the United Nations on Human Environment and Development. This declaration’s status is comparable to that of the 1948 Universal Declaration of Human Rights, signifying its preeminence in the field of environmental law.
At the Stockholm Conference, where Mrs. Indira Gandhi, the then-Prime Minister of India, participated, the discussion, issues raised, and progress had a significant impact on her. This motivation resulted in rapid enhancements to India’s environmental strategy immediately following the Stockholm Conference.
The 42nd Amendment to the Constitution of India
The 42nd amendment introduced significant modifications to the Indian Constitution, especially in the context of environmental law. Particularly, it assigned a shared accountability to both the state and its citizens for the safety and fortification of the environment.
By incorporating Article 48-A into the Indian Constitution’s Directive Principles of State Policy, the state was given the responsibility “to safeguard and improve the environment and to protect the country’s forests and wildlife.”
With the enactment of Article 51-A, the Constitution imposed ten fundamental responsibilities on its citizens. Recognising that citizens are endowed with a variety of fundamental liberties as part of their status in the country, these obligations were imposed. Recognising the essential relationship between rights and responsibilities, these fundamental duties serve as a constant reminder to citizens that, while the Constitution provides them with explicit fundamental rights, it also imposes on them definite duties that they must fulfil in order to become responsible citizens.
Read Also : Water ( Prevention and Control of Pollution) Act,1974
Subsequently, Article 51-A (g) obligated citizens “to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures”
Article 47 of the Indian Constitution mandates that the state better the nutritional and living standards of its citizens and public health. States must also limit the use of all intoxicating substances, with the exception of tobacco. The provisions of this article impose on the state the obligation to implement all essential health protection parameters.
Article 21 of the Indian Constitution guarantees the Fundamental Right to reside in a pollution-free environment and to have access to clean air and water. While the right to life and personal liberty were inherent in the Constitution, their multiple facets emerged gradually, guided by court decisions and investigations.
In the 1980s, the Supreme Court of India began rendering decisions in numerous cases involving the protection of an individual’s right to exist in a pollution-free environment. During this time, the Court issued a number of directives, conducted crucial analyses, and imposed restrictions, all with the goal of ensuring that every person could appreciate a clean environment as a fundamental, life-sustaining right.
Read Also : Air ( Prevention and Control of Pollution) Act,1981
