UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

BA.LL.B. (HONS.)
SEMESTER-VII

ACADEMIC YEAR: 2018-19 SESSION: AUG-DEC

PROJECT
ON
HISTORY OF ENVIROMENT PROTECTION IN INDIA

Under the Supervision of Mr. Amit Singh Sir

Name: DHIRAJ SINGH

Roll no. : R450215037

SAP ID: 500047975

Table of Contents
ENVIRONMENTAL PROTECTION IN ANCEINT INDIA ................................ 3
ENVIRONMENTAL PROTECTION IN MEDIEVIAL INDIA ............................. 4
ENVIRONMENTAL PROTECTION DURING THE BRITISH RULE IN INDIA .... 5
ENVIRONMENTAL PROTECTION DURING THE POST INDEPENDENCE ERA
................................................................................................................ 6
Protection of Environment in Independent India ................................... 9
The Concept of Duty and Article 51-A (g) ............................................. 9
Indian Constitution and Environment ................................................ 10
Fundamental Right to a Healthy Environment. .................................. 11
HISTORY OF ENVIRONMENTAL
PROTECTION IN INDIA
The History of the evolution of Law to handle pollution and other environmental problems in
India can be studied under the four periods;
1. In Ancient India
2. In Medieval India
3. During the British period; and
4. The post Independence period.

ENVIRONMENTAL PROTECTION IN ANCEINT INDIA

In the Hindu theology forests, wildlife, trees were held to be in high esteem and given high
respect. A detailed description of trees, plants and wildlife and their importance to people was
given in Vedas, puranas and Upanishads.
The Rig Veda 1highlighted the potentialities of nature in controlling the climate, increasing
fertility and improvement of human life emphasizing for intimate kinship with nature.
Atharva Veda considered trees as abode of various gods and goddesses.
Yajur Veda emphasized that relationship with nature and animals should not be that of
dominion and subjugation but of mutual respect and kindness.
The Hindu society was conscious of adverse environmental effects caused by deforestation and
extinction of animal species. As the cutting of trees was prohibited during the Vedic period and
there was a penalty for cutting trees under Yajnavalkya Smriti. Many instructions for the use
and maintenance of water were given in Charak Samhita2.
There also existed a relationship of mutual respect and kindness between Animals and humans.
Ancient Hindu Scriptures strictly prohibited the killing of birds and animals. In Yajur Veda it is
said that no person should kill animals, but being helpful to all and by serving them, should
obtain happiness.
Environment protection has been an important facet of Hindu way of life, the civilization of
Mohenjodaro, Harappa lived in consonance with its ecosystem, small population and their
needs, maintained the harmony with environment.

1
Panchabhutas in Sanskrit means “Five elements of Nature(Prakriti) viz 1) Earth or Prithvi. 2) Fire
or Agni. 3) Water or Jal, 4) Sky or Akash 5) Wind or Vayu
2
Sachidanand Pandhey.et.al Environmental Laws of Manu: A Concise Review. Journal of Human
Ecology of HumaEcology.Vol, 19. Jan 2006. Page.9-10.
The Mauryan period was the most glorious chapter of the Indian History from environmental
protection point of view. It was in this period detailed and perspective legal provisions were
found in Kautilya’s Arthashastra. The necessity of forest administration was realized, the state
assumed functions of maintenance of forest, regulation of forest produce and protection of
wild life during the Mauryan reign.

Under Arthashastra various punishments were prescribed for cutting trees, damaging forests,
and for killing animals etc. Wild life in sanctuaries enjoyed complete protection from being
killed except when they turn harmful. There were also punishments prescribed for causing of
pollution and uncivic sanitation.
To sum up ancient India had a philosophy of environmental management enshrined in old
injunctions as they were contained in many scriptures. Abuse and exploitation of nature for
immediate gains was considered unjust, irreligious and against environmental ethics of Hindu
culture.

ENVIRONMENTAL PROTECTION IN MEDIEVIAL INDIA

From the point of view of environment conservation , a significant contribution of Moghul
emperors has been the establishment of magnificent gardens, fruit orchards and green parks
round about their palaces, central and provincial headquarters, public places, on the banks of
the rivers and valleys and dales which they used as holiday resorts or places of retreat or
temporary headquarters during summers3.
Among the officials empowered for administration of justice by the Sultans and emperors of
India, ‘Muhtasibs’ were vested with the duty of prevention of pollution. Though the Moghul
emperors were great lovers of nature they didn’t make any attempts to conserve forest. To the
Moghul emperors the forests were just wooded lands where they could hunt, for their
governor’s they were properties which generated revenue. A few species of trees enjoyed
patronage and were called as ‘royal trees’ and had a restriction on being cut. However, there
was no restriction in cutting of other trees. In the absence of any protective management,
forests shrank during this period.
The waste and forestlands were treated as open access resources. Untrammeled use of forest
and other natural resources however did not mean that they could be used or misused by one
and all without any restraints. Rather the resources were quite effectively managed with the
help of complex range of rules and regulations woven around the socio cultural and economic
activities of the local communities.

3
Kailash Thakur, Environmental Protection Law and Policy in
India,(2005) P.104
ENVIRONMENTAL PROTECTION DURING THE BRITISH RULE IN INDIA
Early days of British rule in India were days of plunder of natural resources. There was total
indifference to the needs of forest conservancy. They caused a ‘fierce onslaught’ on India’s
forests; it was due to the increasing demands for military purposes, for British Navy, for local
construction, supply of teak and sandalwood for export trade etc.
The British Government started exercising control over forests in the year 1806 when a
commission was appointed to enquire into the availability of teak in Malabar and Travancore by
way for appointment of Conservator of forests. This move failed as the conservator plundered
the forest wealth instead of conserving it4.
The second half of the 19th century marked the beginning of an organized forest management
in India with some administrative steps taken to conserve forest; the formulation of forest
policy and legislations to implement the policy decisions. The systematic management of forest
resources started with the appointment of first Inspector General of Forest in 1864. The task of
forest department under the Inspector gen. was that of exploration of resources, demarcation
of reserves, protection of forests etc. The objective of management of forests thus changed
from obtaining timber to protection and improvement of forests.
Forest Act, 1865 was enacted as the 1st step of the British govt. to assess the state monopoly
right over the forest. The Act was revised in 1878 and extended to most of the territories under
British rule. It expanded the powers of the state by providing for reserved forest, which was
close to people and by empowering the forest administration to impose penalties for any
transgression of the provision of the Act5.
On 19th October 1884, the British Govt. declared its first Forest Policy with the following
objectives:
1. Promoting the general well being of the people in the country;
2. Preserving climatic and physical conditions in the country; and
3. Fulfilling the need of the people.

This policy also suggested classification of forest into various categories such as
1. Forests, preservation of which was essential on climatic and physical grounds;
2. Forests which offered a supply of valuable timber for commercial purposes;
3. Minor forests which produced only the inferior sorts of timber; and
4. Pastures which were forests only in name.

4
Ibid. at 105.
5
Shyam Diwan & ArminRosencranz, Environmental Law and Policy in India(2007)
To implement the forest policy of 1884, the Forest Act of 1927 was enacted.

Apart from the management of forest resources the British Government also concentrated on
certain other areas like water pollution, air pollution, wildlife and land use by enacting
numerous legislations. Some of the important legislations made by the British Govt. were IPC
(1860), Indian Easement Act (1862) etc. which contained provisions for the regulation of water
pollution and also prescribed punishments for the violation of these legislations.
For controlling Air pollution the British Govt. enacted Bengal Smoke Nuisance Act (1905) and
Bombay Smoke Nuisance Act (1912).
For protection of Wildlife the British Govt. made provisions like The Elephant’s Preservation Act
(1879), The Wild Birds and Animals Protection (1912) aimed at the conservation of Bio-
diversity.
British Government enacted various provisions for prevention of pollution and for conservation
of natural resources. Though it is pointed out that the British enacted the legislations to earn
revenue and not conserve environment. But then also the legislations can be regarded as the 1 st
step towards conservation of natural resources. Though made with ulterior motives these
legislations have contributed significantly to the growth of environmental jurisprudence in
India.

ENVIRONMENTAL PROTECTION DURING THE POST INDEPENDENCE ERA

The post independence era witnessed a lot of changes in the policies and attitudes of the
Governments with respect to environmental protection. The Constitution of India came into
force on 26th January 1950, had few provisions regarding environmental management.
Article 39(b) provides that “the state shall direct its policy towards securing that the ownership
and control of the material resources of the community are so distributed as best to sub serve
the common good”.
Article 47 provides that the State shall regard the rising of the level of nutrition and the
standard of living of its people and the improvement of public health as among its primary
duties.
Article 48 direct that “the State shall endeavor to organize agriculture and animal husbandry on
modern and scientific lines and take steps for preserving and improving the breeds and
prohibiting the slaughter of cows and calves and other milch and draught cattle.
Article 49 directs that “it shall be the obligation of the State to protect every monument or
places or object of artistic or historic interest, declared to be of national importance, from
spoliation, disfigurement, destruction, removal, and disposal or export as the case may be”.
From the above articles, one can understand that the COI was not environmentally blind,
though the word environment was not expressly used in the Constitution; the object of the
above articles is to conserve the natural resources and to protect the natural environment.
Van Mahtsava, National Festival of planting trees was adopted in 1950, with an object to
create mass awareness about the value of forests in human well being.
National Forest Policy was formulated for the purpose of proper management of forests of the
country and to maximize the benefits of forests formed in the year 1952.
The Pitambar Pant Committee on Human Environment was set up to prepare a report on the
state of environment for representation at the United Nations Conference on Human
Environment held at Stockholm in 1972.
The year 1972 was a landmark year in the history of Environmental Management in India,
because the Stockholm conference was held in Stockholm. The views expressed in the
conference influenced many policies in India.
In the year 1972 on the recommendation of the Pitambar Pant committee, NCEPC (National
committee on Environmental planning and coordination) was set up in Dept. of Science and
technology to plan and coordinate environmental programs and policies and advise various
ministries in matters relating to environment protection.
In 1972, Wild life (protection) Act was enacted for protection of ‘wild animals, birds and plants’
and to prevent the hunting; control trade in wild life products.
In 1973, centrally sponsored scheme “Project Tiger” was launched to ensure maintenance of
population of tigers in India.
In 1974, the Water (Prevention and Control of Pollution) Act was passed for the purpose of
prevention and control of water and for restoring wholesomeness of water. The Act also
provides for Pollution Control Boards.
In 1976, the COI was amended by the 42nd Amendment Act, two new articles were added in
Part IV and part IV- A of the COI. The newly added A-48a directs the State that ‘the State shall
endeavor to protect and improve the environment and to safeguard the forests and wild life of
the country. In the Part IV-A a list of Fundamental duties of citizens of India was prescribed.
In 1980, The Tiwari Committee was formed under the Chairmanship of Deputy Chairman of the
Planning Commission Mr. N.D. Tiwari. The report of this committee suggested a number of
administrative and legal measures for environmental protection. Based on its
recommendations, the Government of India set up a Department of Environment with effect
from November 1, 1980.
In April 1981, National Committee on Environmental Planning was constituted for preparing
annual ‘State of Environment’ Report. The eighties witnessed the creation of many eco-specific
organisations like: Botanical Survey of India, National Museum of Natural History, Zoological
Survey of India etc.
In 1981, the Air (Prevention and Control of pollution) Act was enacted to provide prevention,
control and abatement of air pollution.
In January 1985, the Department of Environment became part of a new Ministry of
Environment and Forests. It consisted of two departments, viz., the Department of
Environment and the Department of Forests & Wildlife.
In 1986, ‘Environment (Protection) Act was made to empower the Central Government to take
all necessary measures to protect and improve the environment and to prevent hazards to
human beings, other living creatures, plants and property.
In 1987, the Govt. formulated the “National Water Policy” with the object to develop, conserve,
utilize and manage the water resource as the water resource is scarce and precious and utmost
national importance.
In 1988, the ‘National Forest Policy’ was formulated with the aim of ensuring environmental
stability and maintenance of ecological balance.
In the year 1991-92, ‘The Project Elephant’ was launched aiming at ensuring long term survival
of identified viable population of elephants and tackling problematic elephant populations
causing serious depredation.
In 1995, the National Environment Tribunal Act was enacted to provide for strict liability for
damages arising out of any accidents occurring while handling any hazardous substance.

In 2000, the Central Government by virtue of powers conferred on it by the Environment

(Protection) Act, 1986 made the following rules;
1. The Noise Pollution (Regulation and Control) Rules, 2000;
2. Ozone Depleting Substances (Regulation and Control) Rules, 2000;
3. The Municipal Solid Wastes (Management and Handling) Rules, 2000; and
4. Batteries (Management and Handling) Rules, 2001.

Apart from the above eco-specific legislations, realizing that there is no comprehensive
legislation dealing with bio-diversity in India, and to fulfill its international obligation under
Convention on Bio-Diversity (CBD), the Govt. of India has enacted the Biological Diversity Act
2002.

Protection of Environment in Independent India

After India became independent, the Constitution of India, which came into force in 1950, had
few provisions regarding environmental administrative directions.
Article 39(b) provides that Certain principles of policy to be followed by the State -- The state
shall, in particular, direct its policy towards securing--
(a)…
(b) That the ownership and control of the material sources of the Community is so disturbed as
best to sub serve common good;
Article 47 provides that, Duty of the State to raise the level of nutrition and the standard of
living and to improve public health---The State shall regard the rising level of nutrition and the
standard of living of its people and the improvement of public health as among its primary
duties ….”
Article 48 direct that,Organization of agriculture and animal husbandry---The State shall
endeavor to organize agriculture and animal husbandry on modern and scientific lines and
shall, in particular, takes steps for preserving and improving the breeds, and prohibiting
slaughter of the cows and calves and other milch and draught- cattle
Article 49 directs that, Protection monuments and places and objects of national importance--
It shall be the obligation of the state to protect every monument or place or object of artistic or
historic interest, declared by or under law made by Parliament to be of national importance,
from spoliation, disfigurement, destruction, removal, disposal or export as the case may be.
Article 48-A13 provides that, Protection and improvement of environment and safeguarding of
forest and wild life---The state shall endeavor to protect and improve the environment and to
safeguard the forest and wild life of the country.
The Concept of Duty and Article 51-A (g)
The duty to protect environment is not new to Indian culture. In Hindu tradition, the term
dharma stands for concept of duty. It is the sum and substance of all religious, moral, social and
legal duties. The sacred religious Book of Hindu people the Bhagwad Gita also narrate the
importance of duty in the following Shloka:
“Karmanye vadhikaraste ma phaleshu kadachana”.
The rights lie in by performing one’s own duties and not in seeking its fruits. The word karma
speaks of that man has the right to perform actions and should not show his interest in its
outcome. The fundamental duties enshrined in an Article 51- are of great importance as they
signifies the intrinsic and inherent part of Indian social and cultural values. These duties are
intended for all general public and therefore, are treated as global in their application 6.
The Constitution (Forty Second Amendment) Act 1976, has added a new part IV_A dealing
with “Fundamental Duties” of the citizens in Indian Constitution. It is interesting to note that
the chapter on fundamental duties is in agreement with article 29(1) of Universal Declaration of
Human Rights 1948.
Article 51-A(g) specifically deals with the fundamental duty with respect to environment. It
provides that: It shall be the duty of every citizen of India --to protect and improve the natural
environment including forests, lakes, rivers, and wild life, and to have compassion for living
creatures
Article 51-A (j) provides that It shall be the duty of every citizen of India-- to strive towards
excellence in all spheres of individual and collective activity so that the nation constantly rises
to higher levels of endeavor and achievement. The Indian Constitution is regarded as one of the
rare Constitution where specific provisions were incorporated imposing an obligation on the
part of the state as well as citizen to protect and improve the environment.

Indian Constitution and Environment

The recent achievement of contemporary law in India is the recognizing the environmental
problems by the Supreme Court of India. Prior to the year 1980 there were few legislations
about control of pollution in India but much little had been don to make pollution control and it
is not a main concern of the national issues. The courts have been successful in developing
certain principles such as principle of absolute liability. Sustainable Development, which were
instrumental in making the problem of environmental degradation as a priority in the state
agenda. Justice Krishna Iyer speaking through Supreme Court in a landmark judgment in
Municipal Council, Ratlam v. Vardhichand. Said in eloquent words: Where directive principles
have found statutory expression in Do’s and Don’ts the court will not sit idly by and allow
municipal government to become a statutory mockery. The law will relentlessly be enforced
and the plea of poor finance will be poor alibi when people in misery cry for justice.
In this case, the Municipal Council of Ratlam7 has failed to take steps to maintain roads in a
safe, sanitary and hygienic condition in a residential locality. The only justification of the
municipal board was that it has paucity of funds and nomoney to maintain the road. The court
has noted that the matter had been pending for more than seven years. It deliberately read
into the situation a constitutional directive for the court and observed as the result of the 42nd
amendment to the Constitution the Directive Principles categorically asserted that the need for
a healthy environment and accordingly indicated the do’s and don’ts needed for a healthy

6
The 42ndAmendment Act 1976 is significant from the point
of Environment Protection. It added Articles 48-A in Part IV
and Article 51-A(g) in Part IV-A.
7
Municipal Council Ratlam v. Vardhichand, AIR 1980 SC 122 , Subhash Kumar v. State of
Bihar AIR1991 SC 420 at 424 Virendra Gaur v. State of Haryana (1995) 2 SCC 57 at 580-581
Vellore Citizen's Forum v. Union of India (1996) 5 SCC 647at 661 M.C.Mehta.v.Union of India
AIR 1988 SC1037at
environment. The necessary proposition was that the courts have a duty to relentlessly enforce
law. It was resulted in opening the doors of apex courts to interfere I enforcement of
environmental legislative enactments. The outcome of Ratlam case is that in the following 25
years there has been an increase in judicial verdicts from the apex court that have formally set
the environmental problems on a constitutional guidelines. It has been repeatedly held by the
Supreme Court that the right to life and safe environment is implicit in article 21 of the Indian
Constitution. The rationale for the acceptance of the right as a fundamental right is not difficult
to imagine.
The Supreme Court in K.M. Chinnappa v.Union of India pertinently stated that enjoyment of
life and its attainment including their right to life with human dignity encompasses within its
ambit, the protection and preservation of environment, ecological balance free from pollution
of air and water, sanitation without which life cannot be enjoyed In Subhash Kumar v. State of
Bihar,the Supreme Court observed:
Right to live is a fundamental right under Article 21 of the Constitution and it includes the right
of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or
impairs that quality of life in derogation of law, 'a citizen' has right to have recourse to
Article 32 of the Constitution for removing the pollution of water or air which may be
detrimental to the quality of life.21
In Virendra Gaur v. State of Haryana, the Supreme Court observed Enjoyment of life and its
attainment including, their right to live with human dignity encompasses within its ambit, the
protection and preservation of environment, ecological balance free from pollution of air and
water, sanitation, without which the life cannot be enjoyed….Environmental, ecological, air,
water pollution,etc..should be regarded as amounting to violation of Article 21. Therefore,
hygienic environment is an integral facet of right to healthy life and it would be impossible to
live with human dignity without a human and healthy environment.

Fundamental Right to a Healthy Environment.

The fundamental right to a Healthy environment is not specifically guaranteed by the
Constitution. Part III of the Constitution does not specifically enumerate any such right. The
Supreme Court in a series of cases has recognized the right to Healthy environment. It is
understood that the right to Healthy environment is a part of the right to life and personal
liberty. The recognition by the Court of a fundamental right to Healthy environment is a
creation of the process of widening the scope of Article 21 of the Constitution which have
begun with Maneka Gandhi case, while elucidating the importance of the right to life under
Article 21, the Court held that the right to life is not confined to mere animal existence, but
extends the right to live with basic human dignity.
The liberal interpretation of the Article 21 has opened the new approach to incorporate the
right to a healthy environment within the ambit of the Constitution. Bhagwati J. in Maneka
Gandhi case observed: It is indeed difficult to see on what principle we can refuse to give its
plain natural meaning to the expression ‘personal liberty’ as used in
Article 21 and read it in a narrow and restricted sense so as to exclude those attributes of
personal liberty which are specifically dealt with in
Article 19. We do not think that this would be a correct way of interpreting the provisions of
the Constitution conferring fundamental rights. The attempt of the Court should be to expand
the reach and ambit of fundamental rights rather than attenuate their meaning and content by
a process of judicial construction”
Bhagwati. J had an opportunity in widening the scope of article 21, and extend the protection of
Article 21 to the right to healthy environment in Rural Litigation and Entitlement Kendra,
Dehradum v. State of U. P. In this case the question was in respect of the closure of certain
limestone quarries in the region of the town of Mussoorie. The court noted that the case was
relating to issues of environment and ecological balance. The court observed that the situation
involved is that of conflict between development and conservation. It emphasized the need for
reconciling the two in the larger interest of the country. The Court observed This would
undoubtedly cause hardship to them, but it is a price that has to be paid for protecting and
safeguarding the right of the people to live in healthy environment with minimal disturbance of
ecological balance and without avoidable hazard to them and to their cattle, homes and
agricultural land and undue affection of air, water and environment.Bhagwati J. apparently did
not refer an issue whether right to healthy environment was incorporated in right to life and
personal liberty but proceeded to issue a remedy on a writ under article 32 devoid of
establishing that article 32 was available to the petitioners.
In Shri Sachidanand Pandey v. State of W. B. Chinappa Reddy,J.,after referring articles 48A and
51A(g) of Indian Constitution should have considered whether the right to healthy environment
was a fundamental right but it was avoided and held ‘When the Court is called upon to give
effect in the Directive Principle of State Policy and the Fundamental duty, the Court is not to
shrug its shoulders and say that priorities are a matter of policy and so it is a matter for the
policy making authority. The least that the Court may do is to examine whether appropriate
considerations are borne in mind and irrelevancies excluded.
The Supreme Court in Shri Sachidanand Pandey case has ignored the basic problem that a
remedy under article 32 could not be provided either for enforcement of the directive principle
or for fundamental duty. The basic issue whether violation of a fundamental right was taken
place or not has not been determined. It is the duty of the State to create awareness of the
environmental issues and education .The Supreme Court have accepted that the syllabus is to
be prepared by National Council for Educational Research Training for introduction in all
schools in the country.