Saturday, 19 July 2025

Environmental Policy in India: Developments After 2006 (Part II)

Environmental Policy in India: Developments After 2006 (Part II)

 Author: Chandan Sha


Introduction

After the release of the National Environment Policy (NEP), 2006, India entered a new phase of environmental governance. With global climate concerns growing and domestic ecological challenges intensifying, India adopted new laws, policies, missions, and international commitments. In this second part, we focus on key environmental developments in India post-2006, including climate change policies, green energy initiatives, and institutional reforms.

International Commitments and Climate Action

India’s post-2006 environmental policy has been heavily influenced by global agreements. As a developing country, India committed to global environmental goals while balancing economic growth.

๐Ÿ”น Paris Agreement (2015)

India became a signatory to the Paris Agreement under the United Nations Framework Convention on Climate Change (UNFCCC).
India’s commitments (Nationally Determined Contributions – NDCs):

  • Reduce emissions intensity of GDP by 33–35% from 2005 levels by 2030.
  • Create an additional carbon sink of 2.5–3 billion tonnes of CO₂ through forests.
  • Use non-fossil fuel-based energy for 40% of its power needs.

National Action Plan on Climate Change (NAPCC), 2008

One of the major outcomes post-NEP 2006 was the launch of the National Action Plan on Climate Change (NAPCC) in 2008. It consists of eight core missions to tackle climate challenges:

  1. National Solar Mission – Promote solar power.
  2. National Mission for Enhanced Energy Efficiency – Encourage efficient energy use.
  3. National Mission on Sustainable Habitat – Focus on green buildings and urban waste management.
  4. National Water Mission – Improve water use efficiency.
  5. National Mission for Sustaining the Himalayan Ecosystem – Protect fragile mountain ecology.
  6. National Mission for a Green India – Expand forest cover and ecosystem services.
  7. National Mission for Sustainable Agriculture – Promote climate-resilient farming.
  8. National Knowledge Mission on Climate Change – Promote scientific research and education.

 State-Level Climate Action Plans (SAPCCs)

Following the NAPCC, Indian states were directed to prepare their State Action Plans on Climate Change (SAPCCs). These plans adapt national missions to suit regional needs and focus on local vulnerabilities.

Example:

  • Odisha SAPCC focuses on flood and cyclone resilience.
  • Rajasthan SAPCC targets water scarcity and desertification.

Strengthening Legal and Institutional Frameworks

๐Ÿ”ธ Environmental Impact Assessment (EIA) Notification, 2006

Though introduced in 2006, EIA regulations have seen several amendments post-2006 to streamline project approvals, protect eco-sensitive zones, and involve public participation.

๐Ÿ”ธ National Green Tribunal (NGT) – 2010

The National Green Tribunal Act, 2010 established the NGT for quick resolution of environment-related cases.

Why NGT is Important:

  • Offers specialized legal remedies.
  • Handles civil cases under environmental laws like the Environment (Protection) Act, Forest Act, and more.
  • Promotes principles like polluter pays and precautionary principle.

 Renewable Energy Push

Post-2006, India has rapidly moved towards clean energy sources, especially solar and wind power.

๐Ÿ”น Key Milestones:

  • 2010: National Solar Mission launched.
  • 2015: International Solar Alliance (ISA) initiated by India and France.
  • 2021: India’s solar power capacity crosses 40 GW.
  • Goal for 2030: 500 GW of non-fossil fuel energy.

 Environment Protection Initiatives

๐Ÿ”ธ Compensatory Afforestation Fund Act, 2016

This law ensures that forest land used for non-forest purposes is compensated by planting new trees elsewhere, using a dedicated fund.

๐Ÿ”ธ Plastic Waste Management Rules, 2016 (Amended in 2021)

  • Bans single-use plastics.
  • Encourages recycling and extended producer responsibility (EPR).
  • Promotes biodegradable alternatives.

๐Ÿ”ธ Bio-Diversity Management Committees (BMCs)

Local-level bodies under the Biological Diversity Act, 2002 (strengthened post-2006) aim to preserve community knowledge and manage local ecosystems.

 Other Green Missions & Campaigns

  • Swachh Bharat Abhiyan (2014): Focuses on sanitation and waste management.
  • Ujjwala Yojana (2016): Promotes clean cooking fuel in rural areas.
  • Faster Adoption of Electric Vehicles (FAME) Scheme: Encourages EV use.
  • PM-KUSUM Scheme: Promotes solar-powered irrigation systems for farmers.

Achievements So Far

  • India ranked among the top 5 countries for renewable power capacity.
  • Forest and tree cover increased by 1,540 sq. km between 2019–2021 (per FSI report).
  • NGT disposed of over 25,000 environmental cases since 2010.
  • Ban on several single-use plastic items as of July 2022.

 Challenges That Remain

Despite progress, India still faces major environmental issues:

  • Urban air pollution in cities like Delhi.
  • Groundwater depletion and mismanagement.
  • Climate-induced disasters (floods, heatwaves, etc.).
  • Industrial waste and e-waste management.
  • Forest clearance for mining and infrastructure projects.

The Way Forward

  • Revise outdated EIA norms to ensure strong public participation.
  • Empower local bodies and gram sabhas to manage resources.
  • Enhance environmental education at all levels.
  • Strengthen enforcement of existing laws through transparency and tech.
  • Invest in green technology and innovation.
  • Incentivize sustainable business practices with tax or credit benefits.

 Conclusion

India’s journey in environmental policymaking has seen remarkable growth since 2006. While challenges remain, recent efforts in climate action, renewable energy, waste management, and green governance show a strong national commitment. The real success of these policies will depend on timely implementation, public participation, and strong political will to preserve the environment for future generations.


Tuesday, 15 July 2025

History of Environmental Protection in India from Ancient to Modern Times, various Indian religious scriptures and spiritual teachings say about the environment.

 History of Environmental Protection in India from Ancient to Modern Timesvarious Indian religious scriptures and spiritual teachings say about the environment, nature, and human responsibility toward its protection:

What God Says About the Environment – Indian Religious Perspective

๐Ÿ•‰️ Hinduism

  1. Vedas (Rigveda, Yajurveda, Samaveda, Atharvaveda)

    • Nature is divine. Trees, rivers, wind, fire, and the sun are worshipped as deities.
    • Rigveda (10.90): “The Earth is our mother, and we are her children.”
    • Yajurveda (36.17): “O man! Destroy not the trees, nor pollute the river and ocean.”
  2. Bhagavad Gita

    • Chapter 3, Verse 14:
      “All beings are nourished by food, food is produced by rain, rain comes from sacrifice (yajna), and sacrifice is born of action (karma).”
      ➤ This shows the interdependence of nature and human action. If man disturbs nature, the cycle breaks.
  3. Manusmriti (Chapter 6, Verse 70–72)

    • “One who injures harmless beings from a desire to give himself pleasure, never finds happiness.”
      ➤ Reflects the duty not to harm animals or plants.
  4. Puranas (Varaha, Vishnu, Matsya)

    • Planting trees like Peepal and Neem is seen as sacred.
    • Varaha Purana: “He who plants one Peepal, one Neem, and ten flowering plants goes to heaven.”
      ➤ Environmental service equals spiritual merit.

☸️ Buddhism (Teachings of Gautama Buddha)

  • Ahimsa (non-violence) extends to all life forms – animals, trees, water.
  • Buddha meditated under the Bodhi tree, symbolising oneness with nature.
  • “The forest is a peculiar organism of unlimited kindness and benevolence that makes no demands for its sustenance and extends generously the products of its life.”
    ➤ Buddhism encourages simplicity and reverence for all living beings.

๐Ÿ•Š️ Jainism (Teachings of Lord Mahavira)

  • "Parasparopagraho Jฤซvฤnฤm" – All life is interdependent.
  • Five great vows (Mahavratas) include Ahimsa, which forbids harming any life.
  • Lord Mahavira: “To harm any living being is to harm oneself.”
    ➤ Environmental preservation is non-negotiable in Jain ethics.

☪️ Islam (Teachings from the Quran)

  • Qur’an (Surah Al-A'raf 7:31):
    “Do not commit abuse on the earth, spreading corruption.”
  • Surah Al-Baqarah (2:205):
    “And when he goes away, he strives throughout the land to cause corruption therein and destroy crops and animals. And Allah does not like corruption.”
    ➤ Nature is a trust (Amanah) from Allah; man is a guardian, not owner.

✝️ Christianity

  • Genesis 2:15 (Holy Bible):
    “The Lord God took the man and put him in the Garden of Eden to work it and keep it.”
  • Psalm 24:1: “The Earth is the Lord’s, and everything in it.”
    ➤ Man has a stewardship role, not domination over nature.

Universal Message from God (Through All Faiths)

Nature is not property, but a sacred trust.
Humans have responsibility to protect, not exploit.
True spirituality is incomplete without environmental care.



Timeline: History of Environmental Protection in India


3000 BCE – 1500 BCE

Indus Valley Civilization

  • One of the earliest urban civilizations with clear environmental consciousness.
  • Features:
    • Planned cities (e.g., Mohenjo-Daro, Harappa)
    • Public baths, underground drainage, and waste disposal systems
    • Awareness of sanitation and hygiene
  • Belief in clean environment as essential to daily life.

1500 BCE – 600 BCE

Vedic Period

  • Nature worship deeply rooted in the Rigveda, Yajurveda, Samaveda, Atharvaveda.
  • Hymns cautioning against ecological imbalance.
  • Rain, wind, rivers, sun, and trees were revered.
  • Charak Samhita (900 BCE): Advocated for clean water and hygiene.
  • Vriksha Ayurveda: Detailed tree care and forestry practices.

600 BCE – 200 BCE

Mahajanapadas & Mauryan Empire

  • Kautilya’s Arthashastra (c. 300 BCE):
    • Prescribed fines for cutting trees, killing animals, polluting water.
    • Forests managed under state control.
  • Manusmriti:
    • Suggested penance for environmental harm.
    • Banned harming medicinal plants, trees, and animals.
  • Puranas (e.g., Vishnu Purana, Varah Purana):
    • Emphasized planting trees and maintaining ecological balance.

200 BCE – 1200 CE

Post-Mauryan & Early Medieval Period

  • Continuation of Hindu and Buddhist ecological ethics.
  • Jainism (Lord Mahavira): Strong advocacy of non-violence (Ahimsa) towards all life.
  • Buddhism (Gautama Buddha):
    • Urged protection of trees and forests.
    • Ashoka's inscriptions mention protection of animals and plants.
  • Panchatantra quote:
    • "Cutting trees and killing animals leads not to heaven but to hell."

1206 – 1526 CE

Delhi Sultanate Period

  • Environmental concern declined.
  • Forests cleared for agriculture, construction, and military purposes.
  • No structured environmental jurisprudence or documentation.

1526 – 1707 CE

Mughal Era

  • Nature used for pleasure and hunting, not preservation.
  • Babur (Baburnama): Documented flora/fauna.
  • Jahangir:
    • Commissioned paintings of nature by artists like Mansur.
    • Constructed Mughal gardens (for leisure).
  • Akbar: Limited documentation of ecological ethics.
  • Hunting and deforestation increased; royal trees were somewhat protected.

1757 – 1947 CE

British Colonial Rule

  • Forests and natural resources exploited for timber, trade, and railway construction.
  • Environmentalism began for imperial motives, not preservation.
  • Major legislations:
    • Indian Forest Act, 1865 (amended 1878, 1927)
    • Reserved forests for British use, restricted native access.
  • Environmental degradation during colonial rule led to forest scarcity.
  • Beginning of environmental policy for resource conservation, not rights or ecology.

1947 – 1972 CE

Post-Independence (Early Phase)

  • Environmental protection not a priority in early years.
  • Forest and agriculture policies remained influenced by colonial legacy.
  • Industrial development continued with no major environmental laws.


1972 – Present

Modern Environmental Law Era

๐Ÿ”น 1972: Stockholm Conference

  • India participated and acknowledged environmental issues globally.
  • Led to enactment of comprehensive environmental laws.

๐Ÿ”น 1976: Constitution (42nd Amendment)

  • Article 48A: State shall protect the environment.
  • Article 51A(g): Citizens’ fundamental duty to protect environment.

๐Ÿ”น Key Environmental Laws:

  • Water (Prevention and Control of Pollution) Act, 1974
  • Air (Prevention and Control of Pollution) Act, 1981
  • Environment (Protection) Act, 1986
  • Wildlife Protection Act, 1972
  • Forest Conservation Act, 1980
  • National Green Tribunal Act, 2010

๐Ÿ”น Landmark Judicial Decisions:

  1. M.C. Mehta v. Union of India (1986):

    • Evolved Absolute Liability Principle.
    • Paved way for PILs on environment.
  2. Subhash Kumar v. State of Bihar (1991):

    • Right to clean water and air = Fundamental Right under Article 21.
  3. Samir Mehta v. Union of India (NGT):

    • Reaffirmed Precautionary Principle and Polluter Pays Principle.

๐Ÿ”น Global Commitments:

  • Rio Summit (1992)
  • Paris Climate Agreement (2015)
  • Sustainable Development Goals (SDGs)

๐Ÿ”น Recent Initiatives:

  • National Action Plan on Climate Change (NAPCC)
  • Swachh Bharat Abhiyan
  • Green India Mission
  • National Electric Mobility Mission

 Conclusion:

From deep-rooted spiritual traditions of ecological harmony in Ancient India to policy-driven environmentalism of modern India, the timeline reflects a transition from cultural preservation to legal enforcement. However, climate change, industrial pollution, and overpopulation continue to challenge our constitutional and global commitments.


๐Ÿ”– Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.


๐Ÿ”– About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

  • ๐Ÿ“š Law notes for exams
  • ⚖️ Moot court memorials (Petitioner & Respondent)
  • ๐Ÿงพ Case commentaries & updates
  • ๐Ÿ“ฒ Legal reels & lectures via Instagram & YouTube

๐Ÿ”— Blog: studyonlawhills.blogspot.com
๐Ÿ“ธ Instagram: @slawh2023
๐Ÿ“ง Email: csstarmoon1000@gmail.com
๐Ÿ”— LinkedIn: Chandan Sha






Role of Public Interest Litigation (PIL) in Environmental Protection in India

 Role of Public Interest Litigation (PIL) in Environmental Protection in India

By: Chandan Sha | Environmental Law Blog | June 2025


 Introduction

Public Interest Litigation (PIL) has emerged as a powerful judicial tool in India for ensuring environmental protection and sustainable development. Through PILs, individuals and organizations have invoked the jurisdiction of courts to safeguard the fundamental right to a clean and healthy environment. This blog explores the constitutional and legal framework that governs PILs in environmental matters, landmark judgments, and their transformative role in environmental governance.

 Constitutional and Legal Framework

 Constitutional Provisions

  • Article 21: Guarantees the right to life, which has been judicially interpreted to include the right to a healthy environment.
  • Article 48A (Directive Principles of State Policy): Mandates the State to protect and improve the environment.
  • Article 51A(g) (Fundamental Duties): Enjoins citizens to protect and improve the natural environment.

Key Environmental Legislations

  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Environment (Protection) Act, 1986
  • The Forest (Conservation) Act, 1980
  • The Wildlife (Protection) Act, 1972

These laws empower statutory bodies like the Central and State Pollution Control Boards to monitor, regulate, and penalize polluters.

 What is Public Interest Litigation?

Public Interest Litigation (PIL) is a strategic legal tool that enables any individual or group to approach the court in matters where public interest is at stake, even if the petitioner is not directly affected.

In environmental cases, PIL allows concerned citizens and NGOs to challenge ecological destruction, pollution, and governmental inaction, thereby holding both public and private actors accountable.

Landmark Cases on PIL and Environment

1. M.C. Mehta v. Union of India (1986 onwards)

The Supreme Court directed conversion of commercial vehicles in Delhi to CNG mode to combat air pollution, stating air pollution violates Article 21.

2. Indian Council for Enviro-Legal Action v. Union of India (1996)

The Court imposed polluter pays principle on industries releasing toxic waste and held them liable for environmental degradation.

3. Vellore Citizens’ Welfare Forum v. Union of India (1996)

Recognized sustainable development, precautionary principle, and polluter pays principle as part of environmental law in India. Tanning industries were directed to pay compensation for river pollution.

4. Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn. (2000)

Ruled that noise pollution constitutes a violation of Article 21, and religious freedom cannot override environmental rights.

 Significance of PIL in Environmental Protection

Judicial Activism: PILs have led to proactive judicial involvement in enforcing environmental norms.
Awareness Generation: These cases generate public discourse on ecology and sustainability.
Enforcement Tool: PILs compel authorities to implement environmental laws and close legal gaps.
Checks on Industry: Courts have forced industries to adopt eco-friendly technology and curb hazardous emissions.
Community Empowerment: Marginalized communities have gained a platform to voice ecological grievances.

Challenges in PIL-Based Environmental Litigation

  • Frivolous Petitions: Misuse of PIL for personal or political gains.
  • Delayed Implementation: Judicial directions are not always followed with urgency by executive agencies.
  • Scientific Complexity: Courts may lack expertise to evaluate environmental science without expert assistance.

 Conclusion

Public Interest Litigation has revolutionized environmental jurisprudence in India by acting as a sentinel for ecological justice. It bridges the gap between environmental law on paper and action on the ground. Through PILs, the judiciary has successfully upheld citizens' right to a pollution-free environment and enforced governmental accountability.

As India faces rising ecological threats, the role of PIL remains critical in shaping a greener, sustainable future.


๐Ÿ“Œ Stay informed on more environmental law topics, case summaries, and legal tools with study on law hills!


๐Ÿ”— References

  • M.C. Mehta v. Union of India, AIR 1987 SC 1086
  • Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
  • Vellore Citizens’ Welfare Forum v. Union of India, AIR 1996 SC 2715
  • Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn., (2000) 7 SCC 282
  • The Environment (Protection) Act, 1986
  • Public Interest Litigation – Explained

๐Ÿ”– Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.


๐Ÿ”– About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

  • ๐Ÿ“š Law notes for exams
  • ⚖️ Moot court memorials (Petitioner & Respondent)
  • ๐Ÿงพ Case commentaries & updates
  • ๐Ÿ“ฒ Legal reels & lectures via Instagram & YouTube

๐Ÿ”— Blog: studyonlawhills.blogspot.com
๐Ÿ“ธ Instagram: @slawh2023
๐Ÿ“ง Email: csstarmoon1000@gmail.com
๐Ÿ”— LinkedIn: Chandan Sha






Tuesday, 24 June 2025

Common Law Perspective in Environmental Law

Common Law Perspective in Environmental Law

๐Ÿ‘ค Author: Chandan Sha



๐ŸŸข Introduction

Environmental law is the branch of law that helps protect nature and the planet. It controls activities that harm the environment like pollution, deforestation, and illegal mining. But before India and other countries made specific environmental laws, common law was used to handle environmental issues. Even today, common law plays an important role in environmental protection.

Common law means law made by judges through court decisions. It is not written in any Act or statute. It develops from customs, traditions, and previous judgments. In environmental law, common law mainly works through tort law, which helps people who suffer harm because of someone else's wrongful action.

⚖️ What is Common Law?

Common law is based on past court decisions rather than written laws made by the government. It gives judges the power to make decisions based on fairness and justice. In countries like India, UK, USA, and Australia, common law has been a major source of environmental protection, especially before the rise of modern environmental statutes.

๐ŸŒฟ How Common Law Helps Protect the Environment

1. Nuisance

The law of nuisance is one of the oldest tools in common law to deal with pollution and environmental harm. Nuisance means doing something that causes trouble to another person.

  • Private nuisance: When someone’s act disturbs your personal property or comfort.
  • Public nuisance: When an act affects a large number of people, like polluting a river or factory smoke affecting a whole community.

๐Ÿ“Œ Example: If a factory releases smoke and bad smells, and nearby residents can't sleep or breathe properly, they can file a nuisance case.


2. Negligence

Negligence means not taking enough care and causing harm. In environmental cases, if a company does not follow safety rules and causes damage, it can be held responsible.

๐Ÿ“Œ Example: If a chemical company fails to maintain its storage tanks and there is a leak that harms nearby people or farmland, the company can be sued for negligence.


3. Strict Liability

This means someone is responsible for the harm caused by their activity, even if they did not do anything wrong on purpose.

๐Ÿ”น Rylands v. Fletcher (1868) – This British case created the idea that if someone keeps dangerous things on their land, and they escape and cause damage, the person is responsible, even without negligence.


4. Absolute Liability (India’s Contribution)

India went a step ahead of strict liability. In M.C. Mehta v. Union of India (Oleum Gas Leak Case), the Supreme Court said that industries involved in hazardous activities must take full responsibility, even if they were not careless. No exceptions are allowed.

This is called absolute liability. It is stronger than strict liability and better suited for modern industries where accidents can be very harmful.

๐Ÿ“Œ Example: A gas leak from a factory that affects thousands of people will make the company fully liable, even if it was an accident.


5. Public Trust Doctrine

This principle says that the government is a guardian of natural resources like air, water, and forests. These are not private property. The government must protect these resources for the benefit of all people.

๐Ÿ”น M.C. Mehta v. Kamal Nath (1997) – The Supreme Court held that natural resources are not owned by anyone, and the government must act in the public’s interest when allowing their use.


๐Ÿ“˜ Common Law vs. Modern Environmental Laws

Today, India has strong environmental laws like:

  • The Environment (Protection) Act, 1986
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Forest (Conservation) Act, 1980

These laws are powerful and cover many issues in detail. But sometimes, there are gaps in these laws. That’s where common law steps in.

Common law is helpful when:

  • There is no specific law for a situation.
  • A person wants to claim compensation for harm.
  • The courts need to interpret a law with the help of past judgments.


๐ŸŒ Importance of Common Law in Environmental Protection

Even with all modern environmental rules, common law still plays a big role. Here’s why:

  1. Protects Individual Rights: If someone’s land, health, or livelihood is affected, they can go to court using tort law principles like nuisance or negligence.

  2. Judicial Innovation: Courts can create new principles (like absolute liability) to deal with modern challenges like industrial accidents.

  3. Flexible Remedies: Courts can give remedies like compensation, injunctions (orders to stop an activity), and directions to government bodies.

  4. Fills Legal Gaps: Where statutes are silent, judges can rely on common law to deliver justice.


๐Ÿ› Landmark Cases

๐Ÿง‘‍⚖️ Rylands v. Fletcher (1868)

This UK case introduced strict liability. The court said that if a person brings something dangerous onto their land and it escapes, they are responsible.

๐Ÿง‘‍⚖️ M.C. Mehta v. Union of India (1987)

In the Oleum Gas case, the Indian Supreme Court created the doctrine of absolute liability to make industries strictly accountable.

๐Ÿง‘‍⚖️ M.C. Mehta v. Kamal Nath (1997)

The Court used the public trust doctrine to stop environmental damage caused by private commercial use of a forest area.


๐Ÿ“Œ Conclusion

Common law may be old, but it is still alive and helpful in solving modern environmental problems. It provides a strong legal base and supports justice when new laws are not enough. In India, courts have smartly used and improved common law principles to protect the environment and the rights of the people.

So, while we must respect and follow new environmental laws, we should also understand how important common law is in keeping our environment safe.


๐Ÿ“š Endnotes

  1. Rylands v. Fletcher, (1868) LR 3 HL 330.
  2. M.C. Mehta v. Union of India, AIR 1987 SC 965.
  3. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388.




๐Ÿ”– Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.

๐Ÿ”– About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

  • ๐Ÿ“š Law notes for exams
  • ⚖️ Moot court memorials (Petitioner & Respondent)
  • ๐Ÿงพ Case commentaries & updates
  • ๐Ÿ“ฒ Legal reels & lectures via Instagram & YouTube

๐Ÿ”— Blog: studyonlawhills.blogspot.com
๐Ÿ“ธ Instagram: @slawh2023
๐Ÿ“ง Email: csstarmoon1000@gmail.com
๐Ÿ”— LinkedIn: Chandan Sha


Monday, 23 June 2025

Landmark Environmental Judgments in India: Part 2

 Landmark Environmental Law Cases in India


Environmental protection and sustainable development are no longer just policy matters—they’re a constitutional necessity. The judiciary in India has played a pivotal role in strengthening environmental jurisprudence through landmark rulings.

 This blog brings a simplified yet insightful overview of key cases that shaped India’s environmental legal framework.


 1. Vellore Citizens Welfare Forum v. Union of India[1]

The Supreme Court heard this PIL under Article 32, filed by the Vellore Citizens Welfare Forum against pollution caused by tanneries in Tamil Nadu. Untreated chemical waste discharged into the Palar River—main drinking water source—had rendered around 35,000 hectares of farmland unfit for use.

The court acknowledged that while tanneries contributed to employment and export revenue, their environmental damage couldn’t be ignored. Each tannery was fined ₹10,000 and the State was directed to award ₹50,000 to M.C. Mehta for his environmental activism.

This case introduced the Precautionary Principle and the Polluter Pays Principle into Indian law. The Supreme Court also advocated for creating special Green Benches for faster disposal of environmental cases.


 2. M.C. Mehta v. Union of India (Ganga Pollution Case)[2]

M.C. Mehta filed a PIL addressing the pollution in the Ganga near Kanpur, where tanneries and open drains dumped untreated waste directly into the river. The court rejected the defense that tanneries lacked funds to set up treatment plants.

The court held that just as industries must pay minimum wages, they must also bear the cost of pollution control. Orders included: closing non-compliant tanneries, expanding sewer networks, banning disposal of dead bodies in the river, and public awareness measures in theatres.


 3. Andhra Pradesh Pollution Control Board v. M.V. Nayudu[3]

This case revolved around denial of consent by the A.P. Pollution Board to a Red Category industry proposed near Hyderabad’s drinking water sources. The High Court allowed the project, but the Supreme Court reversed that decision.

The Court emphasized the Precautionary Principle, stating that in cases of scientific uncertainty, the burden lies on the project proponents. It warned that unchecked industrialization could lead to irreversible ecological harm.


4. S. Jagannath v. Union of India[4]

This PIL challenged commercial shrimp farming near coastal zones, citing groundwater contamination and displacement of traditional fishing.

The Court observed that shrimp farms violated environmental norms and infringed on the right to livelihood. It banned such aquaculture near the coast, directed compensation for affected persons, and mandated environmental clearance under EPA, 1986.


 5. Goa Foundation v. Konkan Railway Corporation[5]

Though filed to prevent rail construction without proper Environmental Impact Assessment (EIA), the Court balanced development needs with environmental concerns.

Acknowledging ecological risks, the Court dismissed the petition, stating development projects must aim to reduce, not eliminate, environmental impacts, and such assessments are best left to experts.


 6. Narula Dyeing and Printing Works v. Union of India[6]

Here, the Gujarat government directed closure of dyeing units for violating effluent treatment norms. The petitioners challenged these directions.

The Court upheld the government’s decision, stating that under Section 25 of the Water Act, industries must comply with pollution control conditions. Environmental protection cannot be compromised for industrial convenience.


 7. Indian Council for Enviro-Legal Action v. Union of India[7]

Five chemical factories in Rajasthan released toxic H-acid waste, damaging water and soil across 350 hectares. The Court ordered closure of these units and imposed a ₹4 crore compensation.

This case applied the Absolute Liability principle (beyond strict liability) and highlighted the failure of the Pollution Control Board to act under multiple environmental statutes. It led to strong directives, including the establishment of Green Benches.


 8. Bombay Environmental Action Group v. State of Maharashtra[8]

The petitioner challenged clearance for a thermal power plant near an ecologically sensitive zone. The court, while acknowledging environmental risks, emphasized balancing ecological protection with energy needs in a developing country.

Although the MoEF’s clearance violated CRZ norms, the court upheld the project, noting that national interest required uninterrupted electricity supply.


9. M.C. Mehta v. Union of India (Oleum Gas Leak Case)[9]

After oleum gas leakage from Shri Ram Fertilizers in Delhi, M.C. Mehta filed a PIL demanding accountability. The Court introduced the doctrine of Absolute Liability, holding hazardous industries fully liable for any damage, regardless of negligence.

It also directed the creation of a Green Belt around such industries and mandated ₹20 lakh security deposit for compensating victims. This case remains a cornerstone in Indian environmental law.


Conclusion

These cases reflect how Indian courts have evolved environmental principles such as sustainable development, public trust, precautionary approach, and absolute liability. The judiciary has repeatedly affirmed that while development is vital, it cannot come at the cost of nature and human life.



Endnotes

[1] Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.

[2] M.C. Mehta v. Union of India, 1987 SCR (1) 819.

[3] A.P. Pollution Control Board v. M.V. Nayudu, AIR 1999 SC 812.

[4] S. Jagannath v. Union of India, (1997) 2 SCC 87.

[5] Goa Foundation v. Konkan Railway Corporation, AIR 1992 Bom 471.

[6] Narula Dyeing and Printing Works v. Union of India, AIR 2000 Guj 20.

[7] Indian Council for Enviro-Legal Action v. Union of India, (1996) 3 SCC 212.

[8] Bombay Environmental Action Group v. State of Maharashtra, AIR 1992 Bom 301.

[9] M.C. Mehta v. Union of India (Oleum Gas Leak Case), AIR 1987 SC 965.


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Landmark Environmental Judgments in India: Part 1

 Landmark Environmental Judgments in India: Part 1

Author: Chandan Sha


Introduction

Environmental law in India has been greatly shaped through Public Interest Litigations (PILs), Supreme Court interventions, and a judicially evolved interpretation of fundamental rights under Article 21. This post summarizes landmark environmental judgments where the judiciary took active steps to balance development and environmental protection.


1. M.C. Mehta v. Union Carbide Corporation

The infamous Bhopal Gas Tragedy in December 1984 saw a massive leak of Methyl Isocyanate (MIC) gas from the Union Carbide India Limited (a subsidiary of the U.S.-based UCC). This disaster caused over 2,200 deaths and left more than 600,000 individuals seriously affected.

Initially, the Indian Government filed a suit in the U.S. District Court, New York, which was dismissed on the ground of forum non-conveniens. Subsequently, M.C. Mehta filed a case in India claiming $3.3 billion in damages. The District Court awarded $270 million as interim compensation. UCC appealed, and the Madhya Pradesh High Court reduced it to $250 million.

Both parties moved the Supreme Court, which settled the matter by ordering UCC to pay $470 million as full and final compensation. The Court also quashed all civil and criminal proceedings against UCC. This case laid the foundation for the principle of absolute liability in Indian environmental jurisprudence.[1]


2. Sachidanand Pandey v. State of West Bengal

The case involved a challenge to constructing a Taj hotel on a part of Alipore Zoo land in Kolkata. Petitioners alleged that principles of natural justice were not followed. The Supreme Court observed that environmental concerns must be considered by the judiciary in policy matters. However, since the hotel design preserved ecological sensitivity, construction was permitted.[2]


3. Tarun Bharat Sangh v. Union of India

The petition highlighted illegal mining activities in Sariska Wildlife Sanctuary, Rajasthan. The Court directed the Centre to form a committee under Section 3 of the Environment Protection Act, 1986, to assess environmental damage and stop mining in protected zones.[3]


4. Pradeep Krishnen v. Union of India

This PIL challenged the collection of tendu leaves from national parks and sanctuaries in Madhya Pradesh. The Supreme Court emphasized Article 48A and 51A(g), underlining that tribal entry into forests must follow due procedure under the Wildlife Protection Act, 1972. However, no blanket ban on entry was justified unless proven ecologically harmful.[4]


5. Ivory Traders and Manufacturers Association v. Union of India

Petitioners contested the 1991 Amendment banning ivory trade, including items made from extinct mammoth ivory. The Court upheld the ban, ruling that trade must yield to ecological and conservation goals. The prohibition was deemed reasonable under Article 19(1)(g), and no one has a fundamental right to trade in ivory.[5]


6. Indian Handicrafts Emporium v. Union of India

The Court reaffirmed its earlier position, holding that possession of ivory with a valid certificate is allowed, but its trade is banned. This was held as a reasonable restriction under Article 19(1)(g).[6]


7. Animal and Environmental Legal Defence Fund v. Union of India

The case challenged the issuance of 305 fishing licenses in Pench National Park. The Court imposed strict conditions: permit holders must carry photo IDs, permits cannot be transferred, entry logs must be maintained, and no fires allowed. This was aimed at minimizing ecological disruption.[7]


8. Centre for Environmental Law WWF-I v. Union of India

In this suo motu case, the Court directed 17 states to comply with Section 33-A and Section 34 of the Wildlife Protection Act, mandating livestock immunization and registration of arms holders in forest zones.[8]


9. Fatehsang Gimba Vasava v. State of Gujarat

The petitioners, tribal residents of forest areas, were denied rights to collect minor forest produce. The Court clarified that bamboo is a forest produce, but not its processed products. It directed state officials to restore tribal rights over forest resources for livelihood purposes.[9]


10. Rural Litigation Entitlement Kendra v. Union of India

As India’s first environmental PIL, the case addressed illegal limestone mining in Doon Valley. The Court stopped mining activities based on Bhargava Committee recommendations, highlighting Article 51A(g) — the duty of citizens to protect the environment.[10]


11. Subhash Kumar v. State of Bihar

The petition alleged that companies were polluting the Bokaro River. However, the Supreme Court dismissed the PIL, noting it was filed for personal gain. It held that Article 32 should not be misused under the guise of environmental concern.[11]


12. T. Damodar Rao v. Special Officer, MCH

LIC’s residential development on land reserved for recreation was challenged. The Court upheld the environmental aspect of Article 21, directing the demolition of constructions violating zoning norms and endangering the ecological balance.[12]

Conclusion

These cases demonstrate how Indian courts have gone beyond traditional legal frameworks to integrate environmental protection into constitutional rights. With evolving jurisprudence, the Indian judiciary has firmly recognized the environment as integral to the right to life.


Endnotes

[1]: M.C. Mehta v. Union Carbide Corp., AIR 1987 SC 1086.
[2]: Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109.
[3]: Tarun Bharat Sangh v. Union of India, AIR 1992 SC 514.
[4]: Pradeep Krishnan v. Union of India, (1995) 2 SCC 54.
[5]: Ivory Traders and Manufacturers Assn. v. Union of India, AIR 1997 SC 3125.
[6]: Indian Handicrafts Emporium v. Union of India, (2003) 7 SCC 589.
[7]: Animal and Environmental Legal Defence Fund v. Union of India, AIR 1997 SC 1071.
[8]: Centre for Environmental Law WWF-I v. Union of India, AIR 1998 SC 1073.
[9]: Fatehsang Gimba Vasava v. State of Gujarat, AIR 1997 SC 252.
[10]: Rural Litigation Entitlement Kendra v. State of U.P., AIR 1985 SC 652.
[11]: Subhash Kumar v. State of Bihar, AIR 1991 SC 420.
[12]: T. Damodar Rao v. S.O. Municipal Corporation, Hyderabad, AIR 1987 AP 171.


๐Ÿ”– Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.


๐Ÿ”– About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

  • ๐Ÿ“š Law notes for exams
  • ⚖️ Moot court memorials (Petitioner & Respondent)
  • ๐Ÿงพ Case commentaries & updates
  • ๐Ÿ“ฒ Legal reels & lectures via Instagram & YouTube

๐Ÿ”— Blog: studyonlawhills.blogspot.com
๐Ÿ“ธ Instagram: @slawh2023
๐Ÿ“ง Email: csstarmoon1000@gmail.com
๐Ÿ”— LinkedIn: Chandan Sha






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