National Green Tribunal Act 2010 It is a specialised body set up under the National

Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to
environmental protection and conservation of forests and other natural resources. With
the establishment of the NGT, India became the third country in the world to set up a
specialised environmental tribunal, only after Australia and New Zealand, and the first
developing country to do so. NGT is mandated to make disposal of applications or
appeals finally within 6 months of filing of the same. The NGT has five places of
sittings, New Delhi is the Principal place of sitting and Bhopal, Pune, Kolkata and Chennai
are the other four. Structure of NGT The Tribunal comprises of the Chairperson, the
Judicial Members and Expert Members. They shall hold office for term of five years and are
not eligible for reappointment. The Chairperson is appointed by the Central Government
in consultation with Chief Justice of India (CJI). A Selection Committee shall be formed
by central government to appoint the Judicial Members and Expert Members. There are
to be least 10 and maximum 20 full time Judicial members and Expert Members in the
tribunal. Powers & Jurisdiction The Tribunal has jurisdiction over all civil cases
involving substantial question relating to environment (including enforcement of any legal
right relating to environment). Being a statutory adjudicatory body like Courts, apart
from original jurisdiction side on filing of an application, NGT also has appellate
jurisdiction to hear appeal as a Court (Tribunal). The Tribunal is not bound by the
procedure laid down under the Code of Civil Procedure 1908, but shall be guided by
principles of 'natural justice'. While passing any order/decision/ award, it shall apply the
principles of sustainable development, the precautionary principle and the polluter pays
principle. NGT by an order, can provide : relief and compensation to the victims of
pollution and other environmental damage (including accident occurring while handling any
hazardous substance), for restitution of property damaged, and for restitution of the
environment for such area or areas, as the Tribunal may think fit. An order/decision/
award of Tribunal is executable as a decree of a civil court. The NGT Act also provides a
procedure for a penalty for non-compliance: Imprisonment for a term which may extend
to three years, Fine which may extend to ten crore rupees, and Both fine and
imprisonment. An appeal against order/decision/ award of the NGT lies to the Supreme
Court, generally within ninety days from the date of communication. The NGT deals with
civil cases under the seven laws related to the environment, these include: The Water
(Prevention and Control of Pollution) Act, 1974, The Water (Prevention and Control of
Pollution) Cess Act, 1977, The Forest (Conservation) Act, 1980, The Air (Prevention
and Control of Pollution) Act, 1981, The Environment (Protection) Act, 1986, The
Public Liability Insurance Act, 1991 and The Biological Diversity Act, 2002. Any
violation pertaining to these laws or any decision taken by the Government under these laws
can be challenged before the NGT. Strengths of NGT Over the years NGT has emerged
as a critical player in environmental regulation, passing strict orders on issues ranging from
pollution to deforestation to waste management. NGT offers a path for the evolution of
environmental jurisprudence by setting up an alternative dispute resolution mechanism.
It helps reduce the burden of litigation in the higher courts on environmental matters.
NGT is less formal, less expensive, and a faster way of resolving environment related
disputes. It plays a crucial role in curbing environment-damaging activities. The


































 Chairperson and members are not eligible for reappointment, hence they are likely to deliver
judgements independently, without succumbing to pressure from any quarter. The NGT
has been instrumental in ensuring that the Environment Impact Assessment process is
strictly observed. Challenges Two important acts - Wildlife (Protection) Act, 1972 and
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 have been kept out of NGT’s jurisdiction. This restricts the jurisdiction area of NGT
and at times hampers its functioning as crucial forest rights issue is linked directly to
environment. The NGT decisions are being challenged in various High Courts under
Article 226 (power of High Courts to issue certain writs) with many asserting the superiority
of a High Court over the NGT, claiming ‘High Court is a constitutional body while NGT is a
statutory body’.” This is one of the weaknesses of the Act as there is lack of clarity about
what kind of decisions can be challenged; even though according to the NGT Act, its
decision can be challenged before the Supreme Court. Decisions of NGT have also been
criticised and challenged due to their repercussions on economic growth and development.
The absence of a formula based mechanism in determining the compensation has also
brought criticism to the tribunal. The decisions given by NGT are not fully complied by
the stakeholders or the government. Sometimes its decisions are pointed out not to be
feasible to implement within a given timeframe. The lack of human and financial
resources has led to high pendency of cases - which undermines NGT’s very objective of
disposal of appeals within 6 months. The justice delivery mechanism is also hindered by
limited number of regional benches. Important Landmark Judgements of NGT In 2012,
POSCO a steelmaker company signed a MoU with the Odisha government to set up steel
project. NGT suspended order and this was considered a radical step in favour of the local
communities and forests. In 2012 Almitra H. Patel vs. Union of India case, NGT gave
judgment of complete prohibition on open burning of waste on lands, including landfills –
regarded as the single biggest landmark case dealing with the issue of solid waste
management in India. In 2013 in Uttarakhand floods case, the Alaknanda Hydro Power
Co. Ltd. was ordered to compensate to the petitioner – here, the NGT directly relied on the
principle of ‘polluter pays’. In 2015, the NGT ordered that all diesel vehicles over 10
years old will not be permitted to ply in Delhi-NCR. In 2017, the Art of Living Festival
on Yamuna Food Plain was declared violating the environmental norms, the NGT panel
imposed a penalty of Rs. 5 Crore. The NGT, in 2017, imposed an interim ban on plastic
bags of less than 50-micron thickness in Delhi because “they were causing animal deaths,
clogging sewers and harming the environment”. Conclusion There is need for more
autonomy and widen NGT’s scope for effective protection of environment in balance with
human developmental activities.

[सुबह 8:52 बजे, 24/4/2024] Pc: Environmental law is guided by several fundamental
principles aimed at protecting the environment and promoting sustainable development.
Some of these principles include:

1. *Precautionary Principle:* This principle asserts that action should be taken to prevent or
mitigate environmental harm even in the absence of scientific certainty.














2. *Polluter Pays Principle:* This principle holds that those who pollute or cause
environmental damage should bear the costs of remedying such damage or preventing
further harm.

3. *Sustainable Development:* Environmental law aims to balance environmental

protection with economic and social development, ensuring that the needs of present and
future generations are met without compromising the ability of future generations to meet
their own needs.

4. *Public Participation:* Environmental law often incorporates provisions for public

participation in decision-making processes, allowing stakeholders to contribute to
environmental decisions and policies.

5. *Integration Principle:* This principle emphasizes the integration of environmental

considerations into other policy areas, such as trade, agriculture, and transportation, to
ensure that environmental concerns are taken into account in decision-making processes.

6. *Inter-generational Equity:* Environmental law seeks to ensure fairness and justice

between present and future generations, recognizing that current actions should not unduly
burden future generations with environmental degradation.

These principles serve as guiding frameworks for the development and implementation of
environmental laws and policies worldwide.
[सुबह 8:52 बजे, 24/4/2024] Pc: During the British Raj in India, environmental law was not as
developed or comprehensive as it is today. However, there were some rudimentary
regulations and policies aimed at managing natural resources and addressing certain
environmental issues, primarily to serve British colonial interests.

1. *Forest Laws:* The British introduced forest laws to regulate the extraction of timber and
other forest products, primarily for revenue generation and to meet the needs of the British
Empire. These laws focused on the control and exploitation of forests rather than
conservation.

2. *Wildlife Protection:* Some limited measures were taken to protect certain species of
wildlife, mainly for the benefit of British hunters and to preserve game for recreational
purposes.

3. *Water Management:* The British initiated irrigation projects and introduced laws related
to water rights and water management, often to support agricultural activities and
infrastructure development.

4. *Sanitation:* Basic sanitation measures were introduced in urban areas, primarily to

prevent the spread of diseases among the British colonial administrators and settlers.
However, these measures were limited and often did not extend to the majority of the Indian
population.
5. *Health Regulations:* Certain health regulations were enforced to control the spread of
diseases such as cholera and malaria, focusing mainly on quarantine measures and
sanitation in urban centers.

Overall, environmental laws during the British Raj were characterized by a utilitarian
approach, serving the interests of colonial administration, economic exploitation, and public
health concerns rather than prioritizing environmental conservation or sustainable
development. The environmental impacts of colonial policies, including deforestation, land
degradation, and depletion of natural resources, were often severe and long-lasting.
[सुबह 8:53 बजे, 24/4/2024] Pc: The history of environmental protection in India spans several
centuries, reflecting the country's diverse cultural and historical contexts. Here's a brief
overview:

1. *Ancient Practices:* India has a rich tradition of environmental stewardship embedded in

its cultural and religious beliefs. Practices such as afforestation, water conservation, and
reverence for nature are evident in ancient texts like the Vedas and Upanishads.

2. *Colonial Era:* During British rule, environmental exploitation was rampant, leading to
deforestation, land degradation, and loss of biodiversity. However, some early efforts at
environmental protection were made, such as the establishment of the Indian Forest Service
in 1864 and the enactment of the Indian Forest Act in 1927, primarily for revenue
generation and resource management.

3. *Post-Independence:* After gaining independence in 1947, India began to prioritize

environmental conservation and sustainable development. The 1952 Air (Prevention and
Control of Pollution) Act was one of the earliest legislative measures aimed at addressing air
pollution issues. Subsequent decades saw the establishment of institutions like the Central
Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to regulate
pollution and enforce environmental laws.

4. *1970s-1980s:* The 1972 United Nations Conference on the Human Environment in

Stockholm influenced India's environmental policies, leading to the formation of the
Ministry of Environment and Forests (MoEF) in 1985. The government also enacted
landmark legislation such as the Water (Prevention and Control of Pollution) Act (1974) and
the Environment Protection Act (1986), which laid the foundation for environmental
governance and regulation.

5. *1990s-Present:* India has continued to strengthen its environmental laws and

institutions to address emerging challenges such as climate change, biodiversity loss, and
industrial pollution. Initiatives like the National Action Plan on Climate Change (2008) and
the National Clean Air Programme (2019) demonstrate the country's commitment to
environmental sustainability.
Throughout its history, India has grappled with the dual challenges of environmental
protection and economic development. Efforts to balance these priorities have led to the
adoption of policies promoting sustainable growth, renewable energy, conservation
initiatives, and public awareness campaigns. Despite progress, significant environmental
challenges persist, requiring continued efforts from government, civil society, and the
private sector to safeguard India's natural heritage for future generations.
[सुबह 8:54 बजे, 24/4/2024] Pc: Sustainable development is an approach to economic growth
and social progress that aims to meet the needs of the present without compromising the
ability of future generations to meet their own needs. It seeks to balance environmental,
economic, and social dimensions to ensure a more equitable and prosperous future for all.
Key aspects of sustainable development include:

1. *Environmental Sustainability:* This involves protecting and preserving natural

resources, ecosystems, and biodiversity, while minimizing pollution, waste, and the
depletion of finite resources. It also entails mitigating and adapting to climate change
through measures like renewable energy adoption and conservation efforts.

2. *Economic Development:* Sustainable development promotes economic growth that is

inclusive, resilient, and environmentally responsible. It emphasizes the efficient use of
resources, sustainable consumption and production practices, and the creation of
opportunities for decent work and livelihoods for all segments of society.

3. *Social Equity:* Sustainable development aims to reduce poverty, inequality, and social
exclusion by ensuring access to basic services such as education, healthcare, and clean
water. It seeks to empower marginalized communities, promote gender equality, and foster
inclusive decision-making processes.

4. *Inter-generational Equity:* Sustainable development recognizes the interdependence of

present and future generations, emphasizing the need to conserve resources and protect the
environment for the benefit of future inhabitants of the planet. It calls for responsible
stewardship of natural resources and ecosystems to ensure their availability for future
generations.

5. *Partnerships and Cooperation:* Achieving sustainable development requires

collaboration and partnerships among governments, businesses, civil society organizations,
and individuals at local, national, and global levels. It involves shared responsibility and
collective action to address complex challenges such as poverty, climate change, and
environmental degradation.

Sustainable development provides a holistic framework for addressing the interconnected

challenges facing humanity in the 21st century, including poverty, inequality, environmental
degradation, and climate change. By integrating environmental, economic, and social
considerations into decision-making processes, sustainable development aims to create a
more prosperous, equitable, and resilient world for present and future generations.
[सुबह 8:54 बजे, 24/4/2024] Pc: Several landmark case laws have helped shape the concept of
sustainable development and environmental jurisprudence globally. Here are a few notable
examples:

1. *Rio Declaration on Environment and Development (1992):* While not a case law, the
Rio Declaration adopted at the United Nations Conference on Environment and
Development (UNCED) in Rio de Janeiro in 1992 is a foundational document for
sustainable development. It outlines 27 principles guiding sustainable development,
including the integration of environmental protection and socio-economic development.

2. *Indian Council for Enviro-Legal Action v. Union of India (1996):* Commonly known as
the "Vellore case," this landmark judgment by the Supreme Court of India recognized the
"precautionary principle" as part of Indian environmental law. The court held that polluting
industries have an absolute duty to prevent environmental damage and are liable for the
harm caused.

3. *M.C. Mehta v. Union of India (1987):* In this case, the Supreme Court of India ordered
the closure of tanneries in the Taj Trapezium Zone to protect the iconic Taj Mahal from
pollution. The judgment emphasized the importance of environmental conservation for
sustainable development and cultural heritage preservation.

4. *Friends of the Earth v. Laidlaw Environmental Services (TOC) Inc. (1991):* In this
Canadian case, the Supreme Court of Canada reaffirmed the principle that environmental
protection is an integral part of sustainable development. The court held that citizens have
the right to enforce environmental laws and regulations to safeguard public health and the
environment.

5. *South Port v. Conservation Council of WA (2008):* This Australian case established the
principle that sustainable development must consider both environmental conservation and
economic development. The court ruled that environmental impact assessments should take
into account the long-term environmental impacts and cumulative effects of development
projects.

6. *Costa Rica v. Nicaragua (2015):* In this case before the International Court of Justice
(ICJ), the court emphasized the obligation of states to protect shared natural resources for
present and future generations. The judgment highlighted the importance of transboundary
cooperation and sustainable management of water resources.

These cases illustrate the evolving role of courts in interpreting and applying principles of
sustainable development to address environmental challenges and promote the integration of
environmental considerations into legal frameworks and decision-making processes.
[सुबह 8:55 बजे, 24/4/2024] Pc: The United Nations (UN) plays a crucial role in the
development, implementation, and enforcement of international environmental law. Here
are some key aspects of the UN's role in this field:
1. *Normative Framework:* The UN serves as a forum for the negotiation and adoption of
international environmental agreements, treaties, and conventions. Examples include the
United Nations Framework Convention on Climate Change (UNFCCC), the Convention on
Biological Diversity (CBD), and the Stockholm Convention on Persistent Organic
Pollutants (POPs).

2. *Facilitation of Cooperation:* The UN facilitates cooperation among nations on

environmental issues through various specialized agencies and programs, such as the United
Nations Environment Programme (UNEP), the Food and Agriculture Organization (FAO),
and the World Meteorological Organization (WMO). These entities provide technical
expertise, capacity-building support, and financial assistance to member states.

3. *Monitoring and Assessment:* The UN conducts research, monitoring, and assessment of

environmental trends and impacts through initiatives like the Intergovernmental Panel on
Climate Change (IPCC) and the Global Environment Outlook (GEO) reports. These efforts
help policymakers make informed decisions and track progress toward environmental goals.

4. *Capacity-Building:* The UN supports capacity-building initiatives to strengthen the

ability of developing countries to address environmental challenges effectively. This
includes training programs, technology transfer, and financial assistance for implementing
environmental projects and policies.

5. *Dispute Resolution:* The UN provides mechanisms for the peaceful resolution of

disputes related to environmental issues through bodies such as the International Court of
Justice (ICJ) and arbitration panels established under specific environmental treaties.

6. *Promotion of Sustainable Development:* The UN promotes the integration of

environmental considerations into broader development agendas through initiatives like the
Sustainable Development Goals (SDGs). These goals provide a framework for addressing
interconnected environmental, social, and economic challenges in a holistic manner.

Overall, the UN serves as a central platform for international cooperation on environmental

issues, facilitating collaboration among nations, promoting the adoption of common
standards and practices, and fostering collective action to address global environmental
challenges.
[सुबह 8:57 बजे, 24/4/2024] Pc: The Plant Varieties Act in India aims to protect the rights of
breeders and encourage the development of new plant varieties. Here are some key points to
consider when making notes about the Plant Varieties Act in India:

1. *Objective:* The primary objective of the Plant Varieties Act is to provide legal
protection to plant breeders' rights and promote the development of new plant varieties
through innovation and investment in breeding programs.
2. *Scope:* The Act applies to all varieties of plants, including agricultural crops,
horticultural crops, forest trees, and ornamental plants, which are distinct, uniform, and
stable.

3. *Registration Process:* Breeders must apply for registration of their plant varieties with
the Protection of Plant Varieties and Farmers' Rights Authority (PPV&FRA), providing
evidence of distinctiveness, uniformity, and stability (DUS) of the variety.

4. *Rights Granted:* Upon registration, breeders are granted exclusive rights to produce,
sell, market, distribute, import, or export the registered variety. These rights are valid for a
specified period, typically 15 to 20 years for most crops.

5. *Exemptions:* The Act provides exemptions for farmers to save, use, exchange, and sell
seeds of registered varieties for their own use on their farms. This recognizes the traditional
rights of farmers and promotes the conservation of agricultural biodiversity.

6. *Enforcement:* The PPV&FRA is responsible for enforcing the provisions of the Act,
including conducting examinations, granting registrations, and resolving disputes related to
plant varieties' rights.

7. *Benefit Sharing:* The Act includes provisions for the sharing of benefits arising from
the commercial exploitation of plant varieties with farmers and local communities,
particularly for varieties derived from traditional knowledge.

8. *International Obligations:* India is a member of the International Union for the

Protection of New Varieties of Plants (UPOV), and the Plant Varieties Act aligns with the
UPOV Convention while also incorporating provisions to safeguard farmers' rights and
promote sustainable agriculture.

By summarizing these points in your notes, you can gain a comprehensive understanding of
the Plant Varieties Act in India and its implications for breeders, farmers, and the
agricultural sector as a whole.
[सुबह 8:58 बजे, 24/4/2024] Pc: Wetland conservation in India is crucial for maintaining
biodiversity, providing ecosystem services, and ensuring sustainable development. Here are
some key points regarding wetland conservation efforts in India:

1. *Legal Framework:* India has enacted various laws and policies to protect wetlands,
including the Wetlands (Conservation and Management) Rules, 2017, which aim to regulate
activities in wetlands and prevent their degradation. Additionally, wetlands are protected
under the Environment (Protection) Act, 1986, and the Biological Diversity Act, 2002.

2. *Identification and Inventory:* The Ministry of Environment, Forest and Climate Change
(MoEFCC) and state governments have undertaken initiatives to identify and inventory
wetlands across the country. The National Wetland Inventory and Assessment (NWIA) and
the Ramsar Information Sheets provide valuable data on wetland extent, distribution, and
ecological importance.

3. *Ramsar Sites:* India is a party to the Ramsar Convention on Wetlands, and several
wetlands in the country have been designated as Ramsar Sites of international importance.
These sites receive special protection and management to conserve their ecological value
and biodiversity.

4. *Integrated Management Approach:* Wetland conservation efforts in India often adopt an

integrated management approach, involving multiple stakeholders such as government
agencies, local communities, NGOs, and researchers. This approach focuses on sustainable
use, restoration, and management of wetlands while addressing socio-economic needs.

5. *Threats and Challenges:* Wetlands in India face various threats, including pollution,
habitat loss, encroachment, invasive species, and climate change impacts such as sea-level
rise and extreme weather events. Addressing these challenges requires concerted efforts to
regulate land-use practices, control pollution, and enhance awareness about wetland
conservation.

6. *Community Participation:* Involving local communities in wetland conservation is

essential for long-term success. Community-based initiatives, participatory management
approaches, and traditional ecological knowledge play a vital role in protecting and
restoring wetland ecosystems.

7. *Research and Monitoring:* Scientific research and monitoring programs are essential
for understanding wetland dynamics, assessing ecological health, and guiding conservation
efforts. Studies on wetland biodiversity, hydrology, water quality, and ecosystem services
contribute valuable information for informed decision-making.

Overall, wetland conservation in India requires a combination of legal frameworks, policy

interventions, community engagement, scientific research, and international cooperation to
safeguard these critical ecosystems and ensure their sustainable management for future
generations.
[सुबह 8:59 बजे, 24/4/2024] Pc: Certainly, here are a few notable case laws related to wetland
conservation in India:

1. *M.C. Mehta v. Kamal Nath (1997):* In this landmark case, the Supreme Court of India
issued directives to protect wetlands, particularly the Ramsar-designated Keoladeo National
Park (Bharatpur Bird Sanctuary) in Rajasthan, from pollution and encroachment. The court
emphasized the importance of preserving wetlands as ecological treasures and mandated the
formation of a committee to oversee their conservation.

2. *T.N. Godavarman Thirumulpad v. Union of India (2006):* In this case, the Supreme
Court extended the scope of its earlier orders to protect forests and wildlife to include
wetlands. The court emphasized the need for a comprehensive policy framework to
conserve wetlands and directed state governments to identify and protect wetlands within
their jurisdictions.

3. *In Re: The Pollution of Yamuna (1997):* In response to a public interest litigation (PIL)
concerning the pollution of the Yamuna River, the Supreme Court highlighted the
importance of wetlands in maintaining riverine ecosystems and ordered the restoration and
conservation of wetlands along the river's course. The judgment emphasized the need for
coordinated efforts among various stakeholders to protect wetland habitats.

4. *Centre for Environmental Law, WWF-India v. Union of India (2005):* In this case, the
Delhi High Court directed the central government to prepare a comprehensive national
policy for the protection and management of wetlands. The court emphasized the ecological
significance of wetlands and the need for proactive measures to address threats such as
pollution, encroachment, and unsustainable development.

5. *A. Rajendra Chola v. Secretary to Government, Environment and Forest Department

(2004):* In this case, the Madras High Court issued directives to protect the Pallikaranai
marshland, a significant wetland ecosystem in Chennai, from encroachment and pollution.
The court emphasized the importance of conserving wetlands for biodiversity conservation,
flood control, and groundwater recharge.

These case laws demonstrate the judiciary's role in promoting wetland conservation in India
by issuing directives, interpreting environmental laws, and emphasizing the ecological
importance of wetland ecosystems for biodiversity, water resources, and sustainable
development.
[सुबह 9:01 बजे, 24/4/2024] Pc: Here are some key points to include in your notes about the
Indian Forest Act of 1927:

1. *Objective:* The Indian Forest Act of 1927 was enacted to consolidate and amend the
laws relating to forests, the transit of forest produce, and the duty leviable on timber and
other forest produce.

2. *Classification of Forests:* The Act classified forests into reserved forests, protected
forests, and village forests, each with different levels of protection and management.

3. *Reserved Forests:* Reserved forests were under the direct control of the government,
and strict regulations were imposed on activities such as grazing, felling of trees, and
cultivation. These forests were primarily designated for conservation and timber production.

4. *Protected Forests:* Protected forests were managed for sustainable use and included
areas that were not fully reserved but required protection from unauthorized exploitation.
Regulations on activities such as grazing and felling were less stringent compared to
reserved forests.
5. *Village Forests:* Village forests were areas managed by local communities for their
livelihood needs, such as grazing, fuelwood collection, and minor forest produce extraction.
These forests were subject to the control and supervision of the government.

6. *Transit and Trade:* The Act regulated the transit and trade of forest produce through
permits and licenses, aiming to prevent illegal logging and ensure sustainable utilization of
forest resources.

7. *Forest Officers:* The Act empowered forest officers with the authority to enforce forest
laws, protect forests from encroachment and illegal activities, and impose penalties for
violations.

8. *Penalties:* The Act prescribed penalties for offenses such as unauthorized felling of
trees, grazing in reserved forests, and unlawful possession of forest produce. Penalties
included fines, imprisonment, and forfeiture of illegally acquired forest produce.

9. *Amendments:* The Indian Forest Act of 1927 has undergone several amendments over
the years to address emerging challenges and align with changing perspectives on forest
conservation and management.

10. *Legacy:* The Indian Forest Act of 1927 significantly influenced forest governance in
India and laid the foundation for subsequent legislation and policies related to forest
management, biodiversity conservation, and tribal rights.

By summarizing these points in your notes, you can gain a comprehensive understanding of
the Indian Forest Act of 1927 and its significance in the context of forest governance and
conservation in India.
[सुबह 9:01 बजे, 24/4/2024] Pc: Certainly! Here are some specific sections of the Indian
Forest Act of 1927 that you can include in your notes:

1. *Section 2:* Defines various terms used in the Act, such as "forest-produce," "reserved
forest," "protected forest," and "village forest."

2. *Section 3:* Deals with the notification of reserved forests by the government and the
consequences of such notification, including restrictions on various activities.

3. *Section 4:* Provides for the declaration of protected forests and the regulation of
activities within such forests.

4. *Section 5:* Pertains to the management and protection of village forests, including the
appointment of village forest officers and their powers.

5. *Section 6:* Empowers the government to constitute Forest Settlements for demarcating
forest boundaries and determining rights of private individuals and communities within
forest areas.
6. *Section 19:* Regulates the transit of forest-produce through forests and requires permits
for such transit.

7. *Section 26:* Deals with the power of forest officers to arrest without warrant in certain
cases, including offenses related to forest produce.

8. *Section 33:* Prescribes penalties for various offenses, such as unauthorized felling of
trees, trespassing in reserved forests, and unlawfully possessing forest produce.

9. *Section 41:* Provides for the forfeiture of property involved in offenses under the Act,
such as unlawfully acquired forest produce or implements used for committing offenses.

10. *Section 52:* Empowers the government to make rules for carrying out the purposes of
the Act, including rules relating to the protection and management of forests, the issuance of
permits, and the imposition of fines and penalties.

These specific sections outline key provisions of the Indian Forest Act of 1927 and
contribute to a deeper understanding of its legal framework and implications for forest
governance and conservation in India.
[सुबह 9:02 बजे, 24/4/2024] Pc: In India, resource conservation and animal welfare are
addressed through various laws and regulations aimed at protecting natural resources,
wildlife, and domestic animals. Here are some key laws related to resource conservation and
animal welfare in India:

1. *Wildlife Protection Act, 1972:* This comprehensive legislation provides for the
protection of wildlife and their habitats. It regulates activities related to hunting, trade, and
conservation of endangered species, as well as the establishment of protected areas such as
national parks and wildlife sanctuaries.

2. *Forest (Conservation) Act, 1980:* The Forest Conservation Act aims to conserve forests
by regulating the diversion of forest land for non-forest purposes such as mining, industry,
and infrastructure development. It requires prior approval from the central government for
such diversions.

3. *Water (Prevention and Control of Pollution) Act, 1974:* This law aims to prevent and
control water pollution by regulating industrial and municipal discharges, setting water
quality standards, and establishing pollution control boards at the central and state levels.

4. *Air (Prevention and Control of Pollution) Act, 1981:* The Air Act regulates air pollution
by setting standards for emissions from industries, vehicles, and other sources. It empowers
pollution control boards to take measures to prevent and control air pollution.
5. *Biological Diversity Act, 2002:* This legislation aims to conserve biological diversity in
India and regulate access to biological resources and associated knowledge. It establishes a
framework for the equitable sharing of benefits arising from the use of biological resources.

6. *Prevention of Cruelty to Animals Act, 1960:* The PCA Act protects animals from
cruelty and abuse by regulating their treatment in various contexts, including transportation,
slaughter, and entertainment. It also provides for the establishment of animal welfare boards
at the central and state levels.

7. *Animal Welfare Board of India (AWBI):* Established under the PCA Act, the AWBI
plays a key role in promoting animal welfare and implementing animal welfare laws in
India. It advises the government on matters related to animal welfare and coordinates with
other organizations working in the field.

8. *Transport of Animals Rules, 1978:* These rules under the PCA Act regulate the
transportation of animals to ensure their safety and welfare during transit.

These laws and regulations form the legal framework for resource conservation and animal
welfare in India, aiming to safeguard natural resources, biodiversity, and the welfare of
animals while promoting sustainable development and responsible stewardship of the
environment

Certainly! Here's a detailed overview of the provisions related to public nuisance in India,
along with relevant case laws:

1. *Indian Penal Code (IPC):*

- *Section 268:* Defines public nuisance as an act or omission that causes injury, danger,
or annoyance to the public or to people in general, thereby interfering with the rights of the
community.

- *Section 269:* Deals with negligent acts likely to spread infection of disease dangerous
to life. This section is often invoked in cases of public health hazards caused by negligent
behavior.

- *Section 290:* Punishes public nuisance in cases where the offender commits an act that
causes injury or annoyance to the public or to people in general.

- *Section 291:* Addresses continuation of public nuisance after injunction to discontinue.

It punishes individuals who continue to commit acts of public nuisance despite receiving a
court injunction.

*Case Laws:*
- M.C. Mehta v. Union of India (1987): In this landmark case, the Supreme Court of India
addressed the public nuisance caused by pollution in the Ganges River, highlighting the duty
of the state to protect the environment and public health.
 - Vellore Citizens Welfare Forum v. Union of India (1996): The Supreme Court directed
the closure of industries causing pollution in Vellore, Tamil Nadu, under IPC Section 290,
emphasizing the importance of environmental protection and public health.

2. *Code of Criminal Procedure (CrPC):*

- *Section 133:* Empowers a magistrate to issue a conditional order for the removal of
public nuisances that cause injury to human life, health, or property, including
environmental nuisances.

- *Section 268:* Deals with public nuisance as an offense under the CrPC and provides
for the punishment of individuals who commit acts likely to spread infection of disease
dangerous to life.

*Case Laws:*
- Indian Council for Enviro-Legal Action v. Union of India (1996): The Supreme Court
invoked CrPC Section 133 to address public nuisances caused by industrial pollution,
emphasizing the need to protect the environment and public health.

- M.C. Mehta v. Union of India (1996): In this case, the Supreme Court used CrPC
Section 133 to issue orders for the closure of polluting industries in Delhi, highlighting the
court's power to address environmental nuisances through judicial intervention.

These provisions and case laws demonstrate the legal framework for addressing public
nuisances in India and the importance of protecting public health, safety, and the
environment through appropriate legal measures and judicial intervention.

CONSTITUTIONAL PROVISIONS FOR THE PROTECTION OF ENVIRONMENT

WITH RELEVANT CASE LAWS INDEX 1. INTRODUCTION 4 2. Article 14 8 3. Article
19(1) (g) 15 4. Article 21 16 5. Article 48(A) 17 6. Article 51 20 7. Article 51(A) 22 8.
Article 253 24 9. Conclusion 25 Cases are attached to respective Articles *
INTRODUCTION The history of legislative started with Indian Penal Code, 1860. Section
268 defined what is public nuisance. Abatement of public nuisance is also a subject of
Section 133 to 144 of I.P.C. These are only prohibitive provisions. Sections 269 to 278 of
the Indian Penal Code are penal provisions which means that a person guilty of violating
any of the provisions is liable to prosecution and punishment. Legislative fight against
pollution continued in independent India. Now there is a host of legislation in India aimed at
protecting the environment from pollution and maintaining the ecological balance. The
Environment (Protection) Act, 1986 is one major Act for environmental protection. The
Government of India has launched various programmes and made use of audiovisual media
to educate the people and arouse their consciousness for the protection of environment. In
February 1971, the University Grants Commission (India), in collaboration with other
organizations, launched a symposium on the development of environmental studies in the
Indian Universities. The consensus that emerged at the symposium was that ecology and
environmental issues should form part of the courses of study at all levels. Further, with the
object of generating an awareness of the need to maintain ecological balance. In order to
keep the environment pure and to obviate the hazards of pollution and ecological imbalance,
the Department of Laws, Punjab University, Chandigarh organised a three-day National
Seminar in 1984 on “Law Towards Environmental Protection” Fifty five delegates from all
over India participated in the seminar. It claimed: (i) It is fundamental human right to live in
an unpolluted environment. (ii) It is fundamental duty of every individual to maintain purity
of environment. Soon after the Stockholm Conference, many Acts were introduced i.e.
Wildlife Act, 1972; Water Act, 1974; Air Act, 1981 etc. Within five years of Stockholm
Declaration, the Constitution of India was amended to include Protection and Improvement
of Environment as constitutional mandate. The protection and improvement of environment
is now a fundamental duty under Constitution Act of 1976. Govt., of India has set up a
National Committee on Environmental Planning and Coordination. Government of India’s
programme for environment included the programme for cleaning the rivers including
Ganga and Yamuna. Prime Minister, Sh. Rajiv Gandhi constituted Central Ganga Authority
for the purpose of pollution control of Ganga. The enactment of Environment (Protection)
Act, 1986 was the immediate off-shoot, of this programme. The Supreme Court (writ
petition (Civil) No. 860 of 1991) has directed the University Grants Commission to
prescribe a course on ‘Man and Environment’. In the light of this directive, the UGC issued
a circular to various universities to introduce the course on ‘Environmental Education’. The
main attention in the education on environment is as below: (i) Over-population and the
ways to check its rapid growth. (ii) Afforestation as a preventive to soil erosion and water
pollution (iii) Methods to prevent air pollution, insisting on smokeless cooking (iv)
Discipline in playing radio and television sets and a ban on use of loudspeaker. (v)
Elementary knowledge of the scientific and philosophical basis of man and the environment
(vi) Rules regarding disposal of household waste; and (vii) General principles of sanitation
Environment and Constitution of India: The protect and improve the environment is a
constitutional mandate. It is a commitment for a country wedded to the ideas of a welfare
State. The Indian Constitution contains specific provisions for environment protection under
the chapters of Directive Principles of State Policy and Fundamental Duties. The absence of
a specific provision in the Constitution recognizing the fundamental right to clean and
wholesome environment has been set off by judicial activism in the recent times. Articles
48-A and 51-A. Clause (g): Initially, the Constitution of India had no direct provision for
environmental protection. Global consciousness for the protection of environment in the
seventies, Stockholm Conference and increasing awareness of the environmental crisis
prompted the Indian Government to enact 42nd Amendment to the Constitution in 1976.
The Constitution was amended to introduce direct provisions for protection of environment.
This 42nd Amendment added Article 48-A to the Directive Principles of State Policy.
Article49-A: The Article states: “The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country.” The said amendment
imposed a responsibility on every citizen in the form of Fundamental Duty. Article 51-A,
Clause (g): Article 51-A (g) which deals with Fundamental Duties of the citizens states: “It
shall be the duty of every citizen of India to protect and improve the natural environment
including forests, lakes, rivers and wildlife and to have compassion for living creatures.”
Thus, protection and improvement of natural environment is the duty of the State (Article
48-A) and every citizen (Article 51- A (g)). Article 253: Article 253 states that ‘Parliament
has power to make any law for the whole or any part of the country for implementing any
treaty, agreement or convention with any other country. In simple words this Article
suggests that in the wake of Stockholm Conference of 1972, Parliament has the power to
legislate on all matters linked to the preservation of natural environment. Parliament’s use of
Article 253 to enact Air Act and Environment Act confirms this view. These Acts were
enacted to implement the decisions reached at Stockholm Conference. Environment and
Citizens: The Constitution of India has made a double provision: (i) A directive to the State
for protection and improvement of environment. (ii) Imposing on every citizen in the form
of fundamental duty to help in the preservation of natural environment. This is the testimony
of Government’s awareness of a problem of worldwide concern. Since protection of
environment is now a fundamental duty of every citizen, it is natural that every individual
should do it as personal obligation, merely by regulating the mode of his natural life. The
citizen has simply to develop a habitual love for pollution. The Constitutional provisions 1.
Article 48(A) 2. Article 21 3. Article 253 4. Article 51(A) 5. Article 19(1)(g) 6. Article 51 7.
Article 14. Article 14 PROTECTION OF THE ENVIRONMENT 14.1 The Government and
the Contractor recognize that Petroleum Operations will cause some impact on the
environment in the Contract Area. Accordingly, in performance of the Contract, the
Contractor shall conduct its Petroleum Operations with due regard to concerns with respect
to protection of the environment and conservation of natural resources and shall in
particular; (a) employ modem oilfield and petroleum industry practices and standards
including advanced techniques, practices and methods of operation for the prevention of
Environmental Damage in conducting its Petroleum Operations; (b) take necessary and
adequate steps to: (i) prevent Environmental Damage and, where some adverse impact on
the environment is unavoidable, to minimize such damage and the consequential effects
thereof on property and people; (ii) ensure adequate compensation for injury to persons or
damage to property caused by the effect of Petroleum Operations; and (c) comply with the
requirements of applicable laws and the reasonable requirements of the Government from
time to time. 14.2 If the Contractor fails to comply with the provisions of paragraph (b)(i) of
Article 14.1 or contravenes any relevant law, and such failure or contravention results in any
Environmental Damage, the Contractor shall forthwith take all necessary and reasonable
measures to remedy the failure and the effects thereof. 14.3 If the Government in
accordance with the laws has good reason to believe that any works or installations erected
by the Contractor or any operations conducted by the Contractor are endangering or may
endanger persons or any property of any person, or are causing or may cause pollution, or
are harming or may harm fauna or flora or the environment to a degree which the
Government deems unacceptable, the Government may require the Contractor to take
remedial measures within such reasonable period as may be determined by the Government
and to repair any damage to the environment. If the Government deems it necessary, it may
also require the Contractor to discontinue Petroleum Operations in whole or in part until the
Contractor has taken such remedial measures or has repaired any damage caused. 14.4 The
measures and methods to be used by the Contractor for the purpose of complying with the
terns of paragraph (b)(i) of Article 14.1 shall be determined in timely consultation with the
Government upon the commencement of Petroleum Operations or whenever there is a
significant change in the scope or method of conducting Petroleum Operations and shall
take into account the international standards applicable in similar circumstances and the
relevant environmental impact study carried out in accordance with Article 14.5. The
Contractor shall notify the Government, in writing, of the measures and methods finally
determined by the Contractor and shall cause such measures and methods to be reviewed
from time to time in the light of prevailing circumstances. The Contractor shall cause a
person or persons with special knowledge on environmental matters, to carry out two
environmental impact studies in order: (a) to determine at the time of the studies the
prevailing situation relating to the environment, human beings and local communities, the
flora and fauna in the Contract Area and in the adjoining or neighbouring areas; and (b) to
establish the likely effect on the environment, human beings and local communities, the
flora and fauna in the Contract Area and in the adjoining or neighbouring areas in
consequence of the relevant phase of Petroleum Operations to be conducted under this
Contract, and to submit, for consideration by the Parties, methods and measures
contemplated in Article 14.4 for minimizing Environmental Damage and carrying out Site
Restoration activities. 14.5.1 The first of the aforementioned studies shall be carried out in
two parts, namely, a preliminary part which must be concluded before commencement of
any field work relating to a seismographic or other survey, and a final part relating to
drilling in the Exploration Period. The part of the study relating to drilling operations in the
Exploration Period shall be approved by Government before the commencement of such
drilling operations, it being understood that such approval shall not be unreasonably
withheld. 14.5.2 The second of the aforementioned studies shall be completed before
commencement of Development Operations and shall be submitted by the Contractor as part
of the Development Plan, with specific approval of Government being obtained before
commencement of Development Operations, it being understood that such approval shall
not be unreasonably withheld. 14.5.3 The studies mentioned in Article 14.5 above shall
contain proposed environmental guidelines to be followed in order to minimize
Environmental Damage and shall include, but not be limited to, the following, to the extent
appropriate to the respective study taking into account the phase of operations to which the
study relates (a) proposed access cutting; (b) clearing and timber salvage; (c) wildlife and
habitat protection; (d) fuel storage and handling: (e) use of explosives; (f) camps and
staging; (g) liquid and solid waste disposal; (h) cultural and archaeological sites; (i)
selection of drilling sites; (j) terrain stabilization; (k) protection of freshwater horizons; (I)
blowout prevention plan; (m) flaring during completion and testing of Gas and Oil Wells;
(n) abandonment of Wells; (o) rig dismantling and site completion; (p) reclamation for
abandonment; (q) noise control; (r) debris disposal; and (s) protection of natural drainage
and water flow. 14.5.4 Government shall convey its decision regarding any proposal for
environmental clearances submitted by the Contractor pursuant to the provisions of this
Article or Contract or required under any laws of India within one hundred and twenty (120)
days from the date of submission of application by Contractor seeking such clearance. My
clarifications/additional information required by the Government shall be asked by it within
sixty (60) days from the date of submission of the application by Contractor. The final
decision by the Government shall be conveyed within sixty (60) days from the receipt of
such clarifications/additional information from the Contractor. In case Government fails to
convey any decision to the Contractor, such application for the clearance by the Contractor
shall be deemed to have been approved by the Government. 14.6 The Contractor shall
ensure that: (a) Petroleum Operations are conducted in an environmentally acceptable and
safe manner consistent with modern oil field and petroleum industry practices and that such
Petroleum Operations are properly monitored; (b) the pertinent completed environmental
impact studies are made available to its employees and to its contractors and Subcontractors
to develop adequate and proper awareness of the measures and methods of environmental
protection to be used in carrying out the Petroleum Operations; and (c) the contracts entered
into between the Contractor and its contractors and Subcontractors relating to its Petroleum
Operations shall include the provisions stipulated herein and any established measures and
methods for the implementation of the Contractor’s obligations in relation to (lie
environment under this Contract. 14.7 The Contractor shall, prior to conducting any drilling
activities, prepare and submit for review by the Government contingency plans for dealing
with Oil spills, fires, accidents and emergencies, designed to achieve rapid and effective
emergency response. The plans referred to above shall be discussed with the Government
and concerns expressed shall be taken into account. 14.7.1 In the event of an emergency,
accident, Oil spill or fire arising from Petroleum Operations affecting the environment, the
Contractor shall forthwith notify the Government and shall promptly implement the relevant
contingency plan and perform such Site Restoration as may be necessary in accordance with
modem oilfield and petroleum industry practices. 14.7.2 In the event of any other
emergency or accident arising from the Petroleum Operations affecting the environment, the
Contractor shall take such action as may be prudent and necessary in accordance with
modem oil field and petroleum industry practices in such circumstances. 14.8 In the event
that the Contractor fails to comply with any of the terms contained in Article 14.7 within a
period specified by the Government, the Government, after giving the Contractor reasonable
notice in the circumstances, may take any action which may be necessary to ensure
compliance with such terms and to recover from the Contractor, immediately after having
taken such action, all costs and expenditures incurred in connection with such action
together with such interest as may be determined in accordance with Section 1.7 of
Appendix C of this Contract. 14.9 On expiry or termination of this Contract or
relinquishment of part of the Contract Area, the Contractor shall: (a) subject to Article 27,
remove all equipment and installations from the relinquished area or former Contract Area
in a manner agreed with the Government pursuant to an abandonment plan; and (b) perform
all necessary Site Restoration in accordance with modern oilfield and petroleum industry
practices and take all other action necessary to prevent hazards to human life or to the
property of others or the environment. 14.10 The Contractor shall prepare a proposal for the
restoration of site including abandonment plan and requirement of finds for this and any
annual contribution in accordance with the scheme framed by Government to the Site
Restoration find. This will be submitted along with the annual Budget for the consideration
and approval of the Management Committee. 14.11 Subject to Section 3.2 of Accounting
Procedure, any Site Restoration fund scheme formulated by Government and subject to
provisions of this Contract, any and all costs incurred by Contractor pursuant to this Article
shall be cost recoverable including but not limited to sinking funds established for
abandonment and restoration of Contract Area. 14.12 In this Article, a reference to
Government includes the State Government. 14.13 Where the Contract Area is partly
located in areas forming part of certain national parks, sanctuaries, mangroves, wetlands of
national importance, biosphere reserves and other biologically sensitive areas passage
through these areas shall generally not be permitted. However, if there is no passage, other
than through these areas to reach a particular point beyond these areas, permission of the
appropriate authorities shall be obtained. 14.14 The obligations and liability of the
Contractor for the environment hereunder shall be limited to damage to the environment
which: (a) occurs after the Effective Date; and results from an act or omission of the
Contractor. KAMAL NATH CASE: In the State of Himachal Pradesh, Span motel, owned
by the family members of Shri Kamal Nath, Minister for Environment and Forests, Govt. of
India diverted the Course of river Beas to beautify the motel and also encroached upon
some forest land. The apex court ordered the management of the Span motel to hand over
forest land to the Govt. of Himachal Pradesh and remove all sorts of encroachments. The
Court delivered a land mark judgment and established principle of exemplary damages for
the first time in India. The Court said that polluter must pay to reverse the damage caused
by his act and imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as
exemplary damages. The Supreme Court of India recognized Polluter Pays Principle and
Public Trust Doctrine. Protecting the environment OLEUM GAS LEAK CASE, 1986 M C
MEHTA, who was single-handedly responsible for making environmental degradation a
part of public discourse, says it is vital that PILs have no ulterior motive “GAS HAS leaked.
The gas is travelling. I am worried about your lordship’s life”. Environmental lawyer
Mahesh Chander Mehta relives what he told the Chief Justice of India P.N. Bhagwati on
December 4th, 1985. Oleum gas had just leaked from the Shriram Chlorine plant in
Najafgarh, and Delhi had panicked. By a strange coincidence, M.C. Mehta had filed a
public interest litigation against the Chlorine plant a month earlier (before the gas leak), and
was scheduled to argue another case before the Chief Justice of India on December 4th.
When the matter came up, Mehta referred to the Oleum gas that had leaked just three hours
earlier. “The gas leaked at 11 am; the case was listed and heard at 2 pm; the court
immediately issued a notice” gushes Mehta. “No case has been heard this quickly”. Nor
perhaps judged so decisively. In siding with Mehta, the Supreme Court punished the
company heavily; the entire complex eventually shut down. More far reaching, the Supreme
Court created the `absolute liability principle’ — companies engaged in inherently
hazardous activities had absolutely no excuse when an accident occurred. JUDGMENT The
court held that any enterprise that is engaged in an inherently dangerous activity is
`absolutely’ liable to compensate all those affected by an accident. They key feature of the
judgment was the principle of `absolute liability’, in which no exceptions (such as an `act of
God’) are brooked. IMPACT The case took place soon after the Bhopal Gas Tragedy and
was keenly watched as an instance of how the courts would deal with companies
responsible for environmental disasters. Unfortunately, the complex court litigation around
the Bhopal Gas Tragedy was an example of what not to do in such cases. Article 19(1)(g)
(g) to practice any profession, or to carry on any occupation, trade or business. Khoday
Distilleries Ltd vs State of Karnataka on 19 October, 1994 Article 19(1)(g) read with Article
19(6) spells out a fundamental right of the citizens to practise any profession or to carry on
any occupation, trade or business so long as it is not prohibited or is within the framework
of the regulation, if any, if such prohibition or regulation has been imposed by the State by
enacting a law in the interests of the general public. It cannot be disputed that certain
professions, occupations, trades or businesses which are not in the interests of the general
public may be completely prohibited while others may be permitted with reasonable
restrictions on them. For the same purpose, viz., to subserve the interests of general public,
the reasonable restrictions on the carrying on of any profession, occupation, trade, etc., may
provide that such trade, business etc., may be carried on exclusively by the State or by a
Corporation owned or controlled by it. The right conferred upon the citizens under Article
19(1)(g) is thus subject to the complete or partial prohibition or to regulation, by the State.
However, under the provisions of Article 19(6) the prohibition, partial or complete, or the
regulation, has to be in the interests of the general public. The right given by this article to
freely carry on trade, commerce and intercourse throughout the territory of India is
undisputedly subject to the same restrictions as is the right under Article19(1)(g). Apart
from the restrictions placed on the right under Article 301, by the provisions of Articles
19(6), 47, 302 and 303, the provisions of Article 304 also place such restrictions on the said
right. So do the provisions of Article 305, so far as they protect existing laws and laws
creating State monopolies. The provisions of the aforesaid articles, so far as they are
relevant for our purpose, read together, therefore, make the position clear that the right
conferred by Article19(1)(g) is not absolute. It is subject to restrictions imposed by the other
provisions of the Constitution. Those provisions are contained in Articles 19(6), 47, 302,
303, 304 and 305. ARTICLE 21 Article 21 of the constitution of India provides for the right
to life and personal liberty. It states that “no person shall be deprived of his life or personal
liberty except according to procedure established by law.”In Rural Litigation and
Entitlement Kendra v State of UP, also known as the Dehradun quarrying case, the Supreme
Court of India has held that pollution caused by quarries adversely affects the health and
safety of people and hence, the same should be stopped as being violative of Article [Link]
this case, the Supreme Court for the first time held that the right to wholesome environment
is a part of right to life and personal liberty guaranteed under Article 21 of the Constitution.
Further, in the case of Subhash Kumar v State of Bihar, again the apex court held that the
right to get pollution free water and air is a fundamental right under Article 21. Following
this decision, the right to pollution free environment was incorporated under the head of
right to life and all the law courts within the Indian territory were bound to follow the same.
This laid down the foundation of environmental litigation in India. Similarly, public health
and ecology3 were held to be the priorities under Article 21 and the constitution of a green
bench was also ordered by the Supreme Court. In the case of Ratlam Muncipality v
Vardicharan, where the problem of pollution was due to private polluters and haphazard
town planning, it was held by the Supreme Court that pollution free environment is an
integral part of right to life under Article 21. Directive Principles of State Policy Article
48(A) 48A. Protection and improvement of environment and safeguarding of forests and
wild life The State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country. Sher Singh vs State Of Hp on 6 February, 2014 The
citizens of the country have a fundamental right to a wholesome, clean and decent
environment. The Constitution of India, in terms of Article 48A, mandates that the State is
under a Constitutional obligation to protect and improve the environment and to safeguard
the forest and wild life in the country. By 42nd Amendment to the Constitution, the
Parliament, with an object of sensitizing the citizens of their duty, incorporated Article 51A
in the Constitution, inter alia, requiring a citizen to protect and improve the natural
environment including the forests, lakes, rivers and wild life and to have a compassion for
living creatures. The legislative intent and spirit under Articles 48A and 51A(g) of the
Constitution find their place in the definition of 'environment' under the Environment
(Protection) Act, 1986 (for short the 'Act of 1986'). The legislature enacted various laws like
the Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of
Pollution) Act, 1974 and the Wildlife (Protection) Act, 1972, the Forest (Conservation) Act,
1980, the Indian Forest Act, 1927 and the Biological Diversity Act, 2002 and other
legislations with the primary object of giving wide dimensions to the laws relating to
protection and improvement of environment. It is true that Part III of the Constitution
relating to Fundamental Rights does not specifically devote any Article to the Environment
or protection thereof per se. However, with the development of law and pronouncement of
judgments by the Supreme Court of India, Article 21 of the Constitution has been expanded
to take within its ambit the right to a clean and decent environment. Not only this, there is
still a greater obligation upon the Centre, State and the Shrine Board in terms of Article 48A
of the Constitution where it is required to protect and improve the environment. Article
25(2) of the UDHR ensures right to standard of adequate living for health and well-being of
an individual including housing and medical care and the right to security in the event of
sickness, disability etc. The expression 'life' enshrined in Article 21 of the Constitution does
not connote mere animal existence or continued drudgery through life. It has a much wider
meaning which includes right to livelihood, better standard of living, hygienic conditions in
the workplace and leisure. The right to life with human dignity encompasses within its fold,
some of the finer facets of human civilization which makes life worth living. The expanded
connotation of life would mean the tradition and cultural heritage of the persons concerned.
In the case of Consumer Education & Research Centre (supra), the Court discussing the
case of C.E.S.C. Ltd. v. Subhash Chandra Bose (1992) 1 SCC 441) stated with approval that
in that case the Court had considered the gamut of operational efficacy of human rights and
constitutional rights, the right to medical aid and health and held the right to social justice as
a fundamental right. The Court further stated that the facilities for medical care and health to
prevent sickness, ensure stable manpower for economic development and generate devotion
to duty and dedication to give the workers' best performance, physically as well as mentally.
The Court particularly, while referring to the workmen made reference to Articles 21, 39(e),
41, 43 and 48-A of the Constitution of India to substantiate that social security, just and
humane conditions of work and leisure to workmen are part of his meaningful right to life.
Small Hydro Power Developers' ... vs Transmission Corporation of A.P. ... on 8 May, 2008
The said decision itself is an authority for the proposition that what is granted can be
withdrawn by the Government except in the case where the doctrine of promissory estoppel
applies. The said decision is also an authority for the proposition that the promissory
estoppel operates on equity and public interest. Thus, the State has discretion to alter its
policy. The courts cannot interfere with the policy decision unless it is found that the
decision to change the policy is arbitrary, unreasonable and unfair. In the instant case, the
State Government has not changed or withdrawn its policy of incentivising the generation
through renewable sources of energy. The policy directives contained in GOMs are also not
inconsistent with the expressed or implied provisions of any statute. Rather the policy is in
conformity with the preamble to the Electricity Act, 2003 and Article 48A of the
Constitution. As seen from above the thrust of the National Electricity Policy is upon the use
of nonconventional sources of energy to augment generation and for production of green
energy. In fact the electricity policy as also the MNES policy, the preamble to the Electricity
Act, 2003 and Section 61(h) thereof and GOMS 93 are in tune with the provisions of Article
48A and 51A (g) of the Constitution and treaties, conventions and protocols on the issues
relating to environment. In order to support conservation of environment, Constitution was
amended by 42nd Amendment Act, 1976. By virtue of the amendment, Articles 48A and
Article 51A(g) were inserted in the Constitution. Article 48A, interalia, provides that the
State shall endeavour to protect and improve the environment. Similarly Article 51A(g),
inter alia, casts a duty on every citizen of India to protect and improve the natural
environment. Articles 48A, Article 51 A(g), the Preamble to the Electricity Act, National
Electricity Policy, MNES policy and GOMS 93 reflect the concern for ecology. This
concern stems from the ill effects of pollution and global warming. Since the environment
needs to be protected, adequate and pre-empting measures are required to be taken to
incentivise the generation of power through renewable sources of energy. But in case the
original PPAs are re-opened for fixing higher wheeling charges than what is provided in the
[Link]. No. 93., there is bound to be a set back to the generation of power through
renewable sources of energy. The hike in the wheeling charges of power generated by plants
based on renewable sources of energy does not serve the purpose of promotion of power
generation through non- conventional sources. Setting up of power plant requires heavy
investment and it has a long gestation period. It is also well known that till the technologies
are improved, the cost of production of power through renewable sources of energy could be
higher than the production of power through conventional sources of energy. The impugned
increase in wheeling charges of energy produced by renewable sources is against the
preamble and Sections 61(h) of the Electricity Act, the National Electricity Policy, GOMs
93 & 112 of the Government of Andhra Pradesh, MNES policy and thrust of Article 48A of
the Constitution. In Chhattisgarh Biomass Energy Developers Association and Ors. v.
Chhattisgarh S.E.R.C. and Ors. 2007 APTEL 711, it was observed that where Power
Purchase Agreements between distribution licensees and the generating companies utilizing
renewable sources of energy are in conformity with MNES guidelines or various policy
guidelines, the agreements are not to be tinkered with. The Commission has not considered
the impact of the aforesaid decisions, the preamble and Section 61(h) of the Electricity Act,
2003, the National Electricity Policy, MNES guidelines, Article 48A and 51A(g) of the
Constitution and the aspect relating to protection of environment, which has been the
subject matter of various treaties and conventions. Article 51 Promotion of international
peace and security The State shall endeavour to (a) promote international peace and
security; (b) maintain just and honourable relations between nations; (c) foster respect for
international law and treaty obligations in the dealings of organised peoples with one
another; and encourage settlement of international disputes by arbitration PART IVA
FUNDAMENTAL DUTIES. State of Gujarat vs Mirzapur Moti Kureshi Kassab on 26
October, 2005 By enacting clause (g) in Article 51-A and giving it the status of a
fundamental duty, one of the objects sought to be achieved by the Parliament is to ensure
that the spirit and message of Articles 48 and 48A is honoured as a fundamental duty of
every citizen. The Parliament availed the opportunity provided by the Constitution (Forty-
second Amendment) Act, 1976 to improve the manifestation of objects contained in Article
48 and 48-A. While Article 48-A speaks of "environment", Article 51-A(g) employs the
expression "the natural environment" and includes therein "forests, lakes, rivers and wild
life". While Article 48 provides for "cows and calves and other milch and draught cattle",
Article 51-A(g) enjoins it as a fundamental duty of every citizen "to have compassion for
living creatures", which in its wider fold embraces the category of cattle spoken of
specifically in Article 48. In Mohan Kumar Singhania & Ors. v. Union of India & Ors., 1992
Supp (1) SCC 594, a governmental decision to give utmost importance to the training
programme of the Indian Administrative Service selectees was upheld by deriving support
from Article 51-A(j) of the Constitution, holding that the governmental decision was in
consonance with one of the fundamental duties. In State of U.P. v. Yamuna Shanker Misra &
Ors., (1997) 4 SCC 7, this Court interpreted the object of writing the confidential reports
and making entries in the character rolls by deriving support from Article 51-A(j) which
enjoins upon every citizen the primary duty to constantly endeavour to strive towards
excellence, individually and collectively. In T.N. Godavarman Thirumalpad v. Union of
India & Ors., (2002) 10 SCC 606, a three-Judge Bench of this Court read Article 48-A and
Article 51-A together as laying down the foundation for a jurisprudence of environmental
protection and held that "Today, the State and the citizens are under a fundamental
obligation to protect and improve the environment, including forests, lakes, rivers, wild life
and to have compassion for living creatures". In State of W.B. & Ors. v. Sujit Kumar Rana,
(2004) 4 SCC 129, Articles 48 and 51-A(g) of the Constitution were read together and this
Court expressed that these provisions have to be kept in mind while interpreting statutory
provisions. One of the other reasons which has been advanced for reversal of earlier
judgments was that at the time when these earlier judgments were delivered Article 48(A)
and 51(A) were not there and impact of both these Articles were not considered. It is true
that Article 48(A) which was introduced by the 42nd Constitutional Amendment in 1976
with effect from 3.1.1977 and Article51(A) i.e. fundamental duties were also brought about
by the same amendment. Though, these Articles were not in existence at that time but the
effect of those Articles were indirectly considered in the Mohd. Hanif Qureshi's case in
1958. It was mentioned that cow dung can be used for the purposes of manure as well as for
the purpose of fuel that will be more echofriendly. Article 51(A) Fundamental duties It shall
be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals
and institutions, the national Flag and the National Anthem; (b) to cherish and follow the
noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the
sovereignty, unity and integrity of India; (d) to defend the country and render national
service when called upon to do so; (e) to promote harmony and the spirit of common
brotherhood amongst all the people of India transcending religious, linguistic and regional
or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to
value and preserve the rich heritage of our composite culture; (g) to protect and improve the
natural environment including forests, lakes, rivers and wild life, and to have compassion
for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry
and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards
excellence in all spheres of individual and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement PART V THE UNION CHAPTER I
THE EXECUTIVE The President and Vice President. State of Gujarat vs Mirzapur Moti
Kureshi Kassab on 26 October, 2005 the contexts in which article 51(a) appears in the
document By enacting clause (g) in Article 51-A and giving it the status of a fundamental
duty, one of the objects sought to be achieved by the Parliament is to ensure that the spirit
and message of Articles 48 and 48A is honoured as a fundamental duty of every citizen. The
Parliament availed the opportunity provided by the Constitution (Forty-second Amendment)
Act, 1976 to improve the manifestation of objects contained in Article 48 and 48-A. While
Article 48-A speaks of "environment", Article 51-A(g) employs the expression "the natural
environment" and includes therein "forests, lakes, rivers and wild life". While Article 48
provides for "cows and calves and other milch and draught cattle", Article 51-A(g) enjoins it
as a fundamental duty of every citizen "to have compassion for living creatures", which in
its wider fold embraces the category of cattle spoken of specifically in Article 48. In Mohan
Kumar Singhania & Ors. v. Union of India & Ors., 1992 Supp (1) SCC 594, a governmental
decision to give utmost importance to the training programme of the Indian Administrative
Service selectees was upheld by deriving support from Article 51-A(j) of the Constitution,
holding that the governmental decision was in consonance with one of the fundamental
duties. In State of U.P. v. Yamuna Shanker Misra & Ors., (1997) 4 SCC 7, this Court
interpreted the object of writing the confidential reports and making entries in the character
rolls by deriving support from Article 51-A(j) which enjoins upon every citizen the primary
duty to constantly endeavour to strive towards excellence, individually and collectively. In
T.N. Godavarman Thirumalpad v. Union of India & Ors., (2002) 10 SCC 606, a three-Judge
Bench of this Court read Article 48-A and Article 51-A together as laying down the
foundation for a jurisprudence of environmental protection and held that "Today, the State
and the citizens are under a fundamental obligation to protect and improve the environment,
including forests, lakes, rivers, wild life and to have compassion for living creatures". In
State of W.B. & Ors. v. Sujit Kumar Rana, (2004) 4 SCC 129, Articles 48 and 51-A(g) of
the Constitution were read together and this Court expressed that these provisions have to be
kept in mind while interpreting statutory provisions. It is thus clear that faced with the
question of testing the constitutional validity of any statutory provision or an executive act,
or for testing the reasonableness of any restriction cast by law on the exercise of any
fundamental right by way of regulation, control or prohibition, the Directive Principles of
State Policy and Fundamental Duties as enshrined in Article 51-A of the Constitution play a
significant role. The decision in Quareshi-I in which the relevant provisions of the three
impugned legislations was struck down on the singular ground of lack of reasonability,
would have decided otherwise if only Article 48 was assigned its full and correct meaning
and due weight age was given thereto and Articles 48-A and 51-A(g) were available in the
body of the Constitution. Article 253 Legislation for giving effect to international
agreements notwithstanding anything in the foregoing provisions of this Chapter, Parliament
has power to make any law for the whole or any part of the territory of India for
implementing any treaty, agreement or convention with any other country or countries or
any decision made at any international conference, association or other body.
CONCLUSION Connecting human rights and environment is a valuable sourcebook that
explores the uncharted territory that lies between environmental and human rights
legislation. Human beings can ensure fundamental equality and adequate conditions of life
in an environment that permits a life of dignity and well-being. There is an urgent need to
formulate laws keeping in mind the fact that those who pollute or destroy the natural
environment are not just committing a crime against nature, but are violating human rights
as well. Indeed, health has seemed to be the subject that bridges gaps between the two fields
of environmental protection and human rights. The advancement of the relationship between
human rights and environment would enable incorporation of human rights principles
within an environmental scope, such as antidiscrimination standards, the need for social
participation and the protection of vulnerable groups.

India is a home for around 1.3 billion people which is nearly a fifth of the world’s
population. Population is the major problem of large scale environmental pollution and
resource depletion in the country. Environmental Pollution refers to the contamination of the
components of the earth’s atmosphere which led to an adverse effect on nature due to the
pressure of technological developments and population. Thus, the Indian Constitution
provides the right of a person to a pollution-free environment under Article 21 (Right to life
and personal liberty).
The Stockholm Declaration, 1972 was perhaps the first guidelines or international principles
to conserve and preserve the human environment. This declaration made the States adopt
legislative measures to protect the environment. In accordance with this, the Parliament of
India amended The Indian Constitution in 1976 by inserting a new article, i.e. Article 48A
which directs that state should endeavor to protect and mitigate the environment. After
1972, a new zeal was seen in the Indian judiciary as well as the Indian legislature to
interpret and make new laws for the protection of the environment. The Indian Penal Code,
1860, and the Criminal Procedure Code, 1973 (hereinafter CrPC) deal with the remedies
and concept of the various nuisances, out of which one is environmental pollution. In this
article, we will deal with the provisions under CrPC regarding environmental pollution.

Environmental Pollution and CrPC

Environmental pollution is a type of public nuisance. Section 268 of the Indian Penal Code,
1960 defines the term public nuisance as an act or omission of some act which results in
annoyance or common injury to the public. In simple words, it is an act which neglects the
common good of the public and harms or annoys them by causing such an act, whereas
private nuisance is an act which only harms few individuals rather than the public at large.
Section 290 of the Indian Penal Code, 1960 deals with the punishment for public nuisance.
The Code of Criminal Procedure, 1973, or the Criminal Procedure Code is the law that deals
with the procedure of administration of substantive criminal law in India. It came into force
on 1st April 1974, which contains 484 sections that have been divided into 37 chapters.
Chapter X of the CrPC, “Maintenance of public order and tranquility” provides efficacious,
preventive, and expeditious remedies for public nuisance cases which include air, noise,
water pollution, and unsanitary conditions. It contains the procedure for the enforcement.
The entire corpus of 13 sections of CrPC under Chapter X i.e. from Section 133 to 144A is
devoted to mitigating public nuisance.
Provision for Public nuisance under Chapter X
As discussed in the earlier part, the provisions under chapter X of CrPC provide speedy and
effective remedies against public nuisance among which environmental pollution is one.
Section 133 deals with the conditional order for removal of the nuisance, it empowers a
District Magistrate and Sub-Divisional Magistrate to stop the nuisance on receiving such
information.
Section 134 deals with the service of summons or notification of order. It can only resort
when order is not served in the manner provided.
Section 135 deals with the person against whom the order is addressed to obey or show
cause. Under this section, two contingencies are envisaged that:
Perform in a specified manner in the order within the time period, or
Appear and show cause in accordance with the order.
It also provides that the person against whom the order is made should be given a
reasonable opportunity to be heard and answer the allegations made against him.
Section 136 deals with the penalty if the person against whom the order is made failed to
comply with Section 135 of CrPC. The penalty is prescribed under Section 188 of the Indian
Penal Code, 1860.
Section 137 deals with the procedure where the existence of public rights is denied. It also
applies to those cases only where there is no decision about the existence of right by any
competent civil court and strong evidence in support of that against any magistrate.
These are some of the provisions under Chapter X of CrPC, the main and the utmost
important provisions are under Section 133, which is discussed further in detail.
Section 133
Section 133 of CrPC provides that a sub-divisional magistrate and district magistrate or any
other executive magistrate to whom the powers are granted by State Government can make
a conditional order to remove such kind of nuisance on receiving information about the
same or the report of any police officer. If the person who is creating nuisance objects to the
order then the order can be made absolute by the concerned magistrate. Any order made by
the magistrate under this provision shall not be questioned in any civil court. In the case of
Govind Singh v. Shanti Sarup (1978), the word nuisance was defined in very liberal terms
and it includes the disposal of substances, the construction of structures, the conduct of
occupation, and trade, and confinement or disposal of any dangerous animal.
If the imperative tone of this section is read with the punitive tone of Section 188 of IPC
(provides punishment for a maximum of six months and a fine extendable up to one
thousand rupees) it makes the prohibited act a mandatory rule.
To invoke this section, it is not required to have a large number of complaints or protest
against the nuisance. It can be invoked on simply receiving a report of a public officer or
other information that is deemed to be fit as a piece of evidence. This pronouncement was
made in the case of Krishna Gopal v. The State of M.P (2016). In this case, a complaint was
registered against a glucose factory which was causing air pollution due to the discharge of
steam in the air resulting in fly ash and noise pollution. This all cumulatively caused
discomfort to the residents of that locality.
To understand the application of the section in a facile manner is to simply understand the
conditions required as given in the case of Suhelkhan Khudayar Khan v. State of
Maharashtra (2003), these followings conditions have to be satisfied for providing a
sanction under this section:
There should be a public nuisance i.e. the number of persons injuriously affected is so
considerable (there should be danger or inconvenience or it is about to be caused).
It should not be a private dispute between the different members of the public and if it is
then the adequate forum is the civil court.
It should be the case of imminent danger to the public interest.
The nature and the scope of this section is explained by the judges in the case of P.C.
Cherian v. State of Kerala (1981). In this case, the Sub-Divisional Magistrate of Kottayam
directed the stoppage of mixing of carbon in two rubber industries which were situated in
the industrial area. As there was no dissemination prevention equipment. The High Court
sentenced that the dissemination of carbon black in the environment is causing a public
nuisance and also affecting the respiratory organs of the people.
Independence of Section 133
Section 133 of CrPC is independent of the other laws and statutes. Even after the creation of
new legislatures the powers of the magistrate inscribed in this section are not repealed.
There are many other special and local laws dealing with public nuisances such as Water
(Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution)
Act, 1981, Environment (Protection) Act, 1986, and many more.
Some examples of independence of Section 133 are as follows:
Magistrates have the power to close a factory even after no appreciation certificate from the
Pollution Control Board is produced. – Nagarjuna Paper Mills Ltd. v. SDM and RDO
(1987).
Section 133 doesn’t get repealed automatically after the commencement of any new law. –
Lakshmi Cement Case (1994).
Section 24 of Environment Protection Act, 1986 specifically says that if any act or omission
commits an offence under this act or any other act then the offender will be liable according
to that other act.
The Supreme Court in the case of State of M.P v. Kedia Leather & Liquor Ltd. (2000)
declared that the enactment of new pollution control laws doesn’t repeal Section 133. It was
also said that areas of this section and pollution laws are not identical in nature.

Click Above
Landmark Judgments
Ramachandra Malojirao Bhonsle v. Rasikbhai Govardhanbhai Raiyani (2000), in this case
the petitioner who purchased the ground floor flat in a building before the installation of
motor filed a complaint of use of electric motor by other flat members as it was causing a
nuisance to him. The matter was reported to a Sub-divisional magistrate who directed to
shift the motor from below the flat to within the premises so that it causes no pollution. The
judgment was challenged on the basis of jurisdiction under Sec 133 as it can be used in
respect of public nuisance, not a private nuisance. The Gujarat High Court observed that the
magistrate should have to keep in mind that if the nuisance is not created at a public place
no direction can be given under Section 133.
Shaukat Hussain and Anr. v. Sheodayal Saksaina (1957), in this case an application was
filed alleging that the small particles of cotton are blown in the air by a cotton carding
machine of five horsepower situated in the town of Rewa. It was causing breathing
problems to the people and the machine was also producing noise and disturbance to public
peace. It was observed that Section 133 of CrPC provides an efficacious, and expeditious
remedy in case of urgency where the danger to public health and interest is considered.
Paragraph 3 of Section 133 runs as follows: “That the conduct of any trade or occupation, or
the keeping of any goods or merchandise, is injurious to the health or physical comfort of
the community, and that in consequence such trade or occupation should be prohibited or
regulated or such goods or merchandise should be removed or the keeping thereof
regulated.” The term “community” means that the public at large or all the residents of that
locality.
Ram Autar v. State of Uttar Pradesh (1962), in this case the Supreme Court interpreted
Section 133 of CrPC. The three appellants who sold vegetables, parked their vegetable carts
in front of residential houses. This caused inconvenience and obstruction to the users of the
roads. The High Court passed the order that the business of vegetable auctioning cannot be
carried without causing inconvenience to the people, it can be prohibited even though it is
conducted in a private place and the order of the magistrate is valid. But the Supreme Court
with three bench judges: Justice Das, Justice Kapur, and Justice Dayal stated that: “It
appears to us that the conduct of the trade of this nature and indeed of other trades in
localities of a city where such trades are usually carried on is bound to produce some
discomfort though at the same time resulting perhaps in the good of the community in other
respects. In making the provisions of section 133 of the Code of Criminal Procedure, the
legislature cannot have intended the stoppage of such trades in such part of town, merely
because of the discomfort caused by the noise in carrying on the trade.”
Conclusion
It is clear and evident from the above discussion that the laws governing environmental
protection are in existence even before the enactment of the Environment (Protection) Act
and other specific laws by the Indian Legislature and Judiciary. They use the criminal
machinery for the protection of the environment to make sure that problems regarding
pollution can be solved rapidly and economically. Environmental pollution is one of the
biggest doom for our society and to safeguard the environment as well as the lives of the
public at large should be our prima facie concern.
Justice V.R Krishna has well said that “it is not how many laws we have, it is how
effectively we implement”. Though in the present situation we have so many laws
concerning the environment but provisions like Section 133 of CrPC help to achieve this
goal efficiently, and expeditiously. These laws are not enough to preserve our environment,
the public support and awareness is also the key component for better environmental
governance and also for the abatement of the environmental nuisance.

INTRODUCTION
The peaceful coexistence of people along with the nature ie Environment is crucial for the
harmonious development of a nation. Healthy environment is a phenomenal for human
existence. Over the years the nature is being polluted vastly due to the development of
technology. Every year December 2 is considered as national pollution control day to avoid
pollution control by creating awareness as a memory of the one’s who died due to the
Bhopal GasLeak tragedy. Among the plethora of legislations available the common law
remedies can be considered as traditionally followed one. They strive hard to curb the
environment pollution.
Such protection under civil laws can be claimed through various doctrines. There are many
constitutional articles such as Article 48A, 51A(g) which emphasis on environment Al
safeguards. The National Green Tribunal Act, 2010 was established in the year 2010for
effective and expeditious disposal of cases relating to environment protection and forest
conservation and other legal rights related to environment. However, this tribunal shall not
be bound by the procedure laid down in the code of civil procedure,1908 but guided by the
principles of Natural Justice and various other Acts. Apart from all the Writs that could be
filed there are certain offences which will be dealt by the criminal laws. These common law
remedies provide wide range of protection to the Civil Rights. They protect the person and
their property. Nevertheless they provide common law remedies incidentally for the
protection of environment.
Such as issuance of temporary or permanent injunctions under the Code of Civil Procedure
and the Specific Relief Act for controlling and abating pollution. The Criminal Provisions
include imposing Criminal Liability on polluters through the provisions of The Indian Penal
Code, 1860. The Right of a person to pollution free environment is a part of basic
jurisdiction of the land. The Constitution of India guarantees a fundamental right to life and
personal life under article 21. The right to environment include the right to wholesome
environment said the Supreme Court.
The very first attempt to conserve and protect the human environment at the international
level was done in the year 1972 through the Stockholm Declaration. The status were
required to adopt legislative measures to protect and improve the environment as a
consequence of the Stockholm Declaration. The concept of nuisance can be dealt under both
the laws. There are two kinds of nuisance under common law, namely, the public and
private. A public nuisance is an unreasonable interference with a right common to general
public. Whereas on the other hand the private nuisance is a sustainable and unreasonable
interference with the use and enjoyment of land.

REMEDIES
PROVISIONS UNDER THE INDIAN PENAL CODE,1860.
The Union Carbide Corporation v. Union of Indian also known as Bhopal Leak[1] case
brought awareness to the hazards of development of special laws for the environment
protection. Thus, in the year 1986 Environment Protection came into force. In the Indian
Penal Code, 1860, under Chapter IV the environment protection concept is been dealt with
offences relating to public health, safety, decency, convenience morals under sections such
as 268, 269, 270, 279 280,287,288,290,291 and 294.
The Indian Penal Code under section 268 defines Public Nuisance.
The essential ingredients of sections 268 are:
Commencing act or an illegal omission.
Such act or illegal omission must cause any “ common injury” damage or annoyance to the
public etc. And that must necessarily cause injury.
The Indian Penal Code under section 290 defines punishment for Public Nuisance.
In this section the punishments for public nuisance includes pollution cases also, in cases
not otherwise provided for.
The offenders will be punished with fine which may extend to 200rupees.
The Kerala High Court in the case [Link] v. State of Kerala[2] held that smoking,
in any form in public place is a public nuisance and cases can be filed under section 290 of
the Indian Penal Code as it is in violation of article 21 of the Constitution of India ie “Right
to Life”.
The Indian Penal Code under section 277 defines Water Pollution.
In the Nano Rao Case, the accused and 9 others were charged under section 277 of the
Indian Penal Code with the offence of foaling water of the river and rendering it unfit for
drinking by steeping therein aloe plants with a view to existing fibers there from. In this
case river was not considered as public spring under section 277 bit however under section
290 it was a case of nuisance.
The Indian Penal Code under section 278 defines :
According to the section 278 of the Act whoever voluntarily vitiates the atmosphere in any
place so as to make it noxious to health of the person is general dwelling or carrying on
business in the neighbourhood or passing along a public way, shall be punished with fine
which may extend to five hundred rupees.
The Indian Penal Code under section 284 provides punishment for negligent conduct and
section 285 with respect to poisonous substances and negligent conduct with respect to firee
or combustible matter respectively. The punishments and fine we’re enhanced eventually.
The Indian Penal Code under section 286 provides punishment for negligent conduct with
respect to explosive substances.
The Indian Penal Code under section 425 – water pollution can be punished for mischief.
If the act causes wrongful loss or damage to public or to any person or if his act causes
water pollution could be brought under section 511 of the Act.
The Indian Penal Code under section 440 deals with mischief caused by killing maiming
animals and cattle.
Nuisance is defined in very liberal terms and includes construction of structure, disposal of
substances, conduct of trade or occupation. For disobedience of orders, the court can impose
penalty as per section 188 of the Indian Penal Code, 1860. The punishment is provided for a
Mac period of 6 months and fine which may be extended to 1 thousand rupees.
PROVISIONS UNDER CRIMINAL PROCEDURE CODE ACT, 1973.
The Provisions under the Code of Criminal Procedure, 1973 in it’s Chapter X provides for
public nuisance cases including insanitary conditions, Air, Water and Noise pollution. Under
sections such as 133, 144.
Under section 133 of the Criminal Procedure Code
Section 133 provides that a District Magistrate or Subordinate Magistrate or any other
Executive Magistrate especially empowered on this behalf by the State Government can
make a conditional order to remove such nuisance, and if the nuisance maker objects to do
so, the order will be made absolute etc.
This section provides a speedy and summary remedy incase of urgency where damages to
public interest or public health etc is concerned.
There are various conditions precedent in order to make an application before section 133 of
the Criminal Procedure Code.
1. The Magistrate must be satisfied that it is a public nuisance vast number of people need to
be affect.
2. The dispute among the said public need to be same.
3. It should be a great emergency of imminent danger to the public interest.
The judiciary has arrived hard to interpret the provisions to provide a speedy and simple
remedy for the environmental pollution issues. By invoking the Criminal Procedure Code
and other relevant Criminal provisions better environmental governance can be gained.
The High Court of Madhya Pradesh appreciating the provisions in Shaukant Case[3]
observed that section 133 of the CrPc provided, a speedy and summary remedy in case of
urgency where danger to public interest or public health is concerned.
Section 144 of the Criminal Procedure Code
As per section 144 an Executive Magistrate is conferred with powers to deal with emergent
situation by imposing restrictions on the personal liberty of individuals, whether in a
specific locality or in a town itself.
Where the situation has the potential to cause unrest or danger to peace and tranquility in
such an area, due to certain dispute.
The section 144 of CrPc is best for avoiding public nuisance and protecting the
environment. Provisions under Indian Penal Code and The Criminal Procedure Code have
been interpreted himself by the Indian Judiciary for environment protection.
CONCLUSION
The above paper sums up the environment related issues and the provisional which deal
with the same in both civil and criminal aspects. This paper covers majorly on the criminal
aspects. The environment pollution cannot be curbed completely. It can only be prevented
eventually using the provisions. The need to given more awareness regarding the after
effects of such pollution in depth. Also the punishments provide so that the people do not
commit such crimes.