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Prevention and Control of Air Pollution: A Legal Insight into the Air (Prevention and Control of Pollution) Act, 1981

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Prevention and Control of Air Pollution: A Legal Insight into the Air (Prevention and Control of Pollution) Act, 1981 Author - Chandan Sha   Contents Introduction Historical Background Objectives of the Act Key Definitions under the Act Authorities Established under the Act Powers and Functions of Boards Measures to Prevent and Control Air Pollution Penalties and Legal Provisions Limitations of the Act Judicial Interpretation and Landmark Cases Conclusion References 1. Introduction Air pollution is a pressing environmental issue in India, severely impacting public health, biodiversity, and the climate. The need for a specific legal mechanism led to the enactment of the Air (Prevention and Control of Pollution) Act, 1981 , aimed at preventing, controlling, and reducing air pollution through administrative and legal interventions. 2. Historical Background Following the 1972 Stockholm Conference on Human Environment, where India participated, environmental pro...

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 Co...

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

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  History of Environmental Protection in India from Ancient to Modern Times ,  various 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 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.” 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. Manusmriti (Chapter 6, Verse 70–72) “One who injures harmless beings from a desire to give himse...

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

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 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)...

Common Law Perspective in Environmental Law

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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...

Landmark Environmental Judgments in India: Part 2

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 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 f...