Environmental Law

UNIT I
1.1 Introduction: The concept of Environment, the basic concepts of ecology and ecosystem;
The ‘Environment’ is very important for us to understand because it constitutes our surroundings and affects
our ability to live on the earth. It comprises of the air we breathe, the water that covers most of the earth’s surface,
the plants and animals around us, and much more. It is therefore, very important to understand and appreciate the
importance of ‘environment’ in our daily life. In recent years, scientists have been carefully examining the various
ways by which people affect the ‘Environment’. They have found that we are causing air pollution, deforestation,
acid rain, and other problems that are dangerous both to the earth and to ourselves. The Government in the last few
decades has shown keen interest in protecting and promoting the environment and consequently enacted various
Environmental Laws.

MEANING OF ENVIRONMENT
The word ‘environment’ is derived from the French word ‘environner’, which means ‘to encircle’ or to
surround.
The most suitable definition of environment is as follows: It is the sum total of water, air and land and the
interrelationships that exist among them with human beings, other living organisms and materials.
The geographical meaning of environment is as follows: It is a combination of living and non-living things
and their mutual interaction with each other which leads to an ecosystem. The environment encompasses all living
and non-living things occurring naturally on earth.
The Honourable Supreme Court has the following definition of ‘environment’: “Environment” is a difficult
word to define. Its normal meaning relates to the surroundings, but obviously, that is a concept which is relatable to
whatever object it is, which is surrounded. Environment is a polycentric and multifaceted problem affecting the
human existence. Today protection of ‘environment’ is a global issue as it concerns all countries irrespective of their
size, stage or development or ideology. Today, the interaction between society and nature is so extensive that the
question of environment has assumed large proportions, affecting humanity at large.

Every society in the world is committed to improving the understanding, protection, and enhancement of ecological
systems and human communities through better design, planning, management, and policy making. The study ofthe
environment is a field that has crossed the boundaries of traditional disciplines and has challenged Governments,
NGOs and individuals to look at the relationship between humans and their environment from a variety of
perspectives.

Meaning-
The term environment comes from tlie French word "environmer" which means 'surroundings'. Everything,
which surrounds us whether, living or a non-living is a component of our environment. It includes the air we breathe,
the water we use for our needs, the soil we cultivate, the flora and the fauna we enjoy. Broadly, it is defined as "the
sum of all external conditions affecting the life, developments and survival of an organism". The external conditions
include both physical and biological. By physical conditions (also called physical environment) we mean nonliving
attributes like air, water, soil, climate, heat, light, noise, housing, radiations, and debris, whereas the biological
factors (also called biological environment) include all types of flora, fauna and the micro-organisms. The physical
and the biological environments are interdependent. For example, deforestation leads to decline in wildlife
population (biological environment) as well as increase in atmospheric temperature (physical environment). In the
human environment social conditions like customs, religion, habit, and occupation are also included since they affect
tie living conditions.

Classification of Environment
Broadly speaking environment is of two types:
a) Physical or natural environment; and
b) Cultural or social environment

Physical environment is the product of nature where there is no direct or indirect effect of human activity.
Rocks, minerals, temperature, humidity, wind, rain, and other related non-living elements are example of physical
environment.
 Cultural environment is man-made like railways, population density, cultural background of the people, the
level of technological development and factors like personal, domestic, religious, educational, means of transport,
market facilities, economic conditions, and policies of the government.

1.2 Ancient Indian approach to Environment, Traditional approach;

1.3 Recent issues relating to environment, National and International Perspectives, Population and Developmental
impact on environment.
UNIT 2: Law and Environmental Protection:
2.1 International: International conventions in the development of environmental laws and its Policy-Form
Stockholm to recent conventions – Multilateral environmental agreements –Common Law aspects of Environmental
Protection; U. N. Millennium Declaration.
2.2 Indian: Constitution of India-Fundamental Rights, Directive Principles of State Policy, Fundamental
Duties; Relevant Provisions of I. P. C., Cr. P. C., C. P. C., for preventing pollution;
2.3 Environment Protection Act, 1986, ECO-Mark, Environment Impact Assessment, Environmental Audit,
Public Participation in Environmental decision making, Environment information, public hearing
UNIT 3: Laws and Pollution Control:
3.1 Air, Water, Noise, Soil and Marine Pollution Prevention and Legal Control of Pollution- Water Act, 1974;
Air Act, 1981; Environment (Protection) Act, 1986 etc.; Powers and Functions of the Board, Penalty and Procedure,
Role of Government – Central and state,
3.2 Doctrines- Polluter Pays Principle, Public Trust Principle, Sustainable Development Principle,
Precautionary Principle.
3.3 Legal remedies for environmental problems: Environmental Disputes and its Redressal agencies:
Environmental Tribunals, Public liability Insurance and Environment Relief Fund and remedies under other laws;
3.4 National Environment Appellate Authority –United Nations Initiatives, Civil Society and Environment,
Role of NGO’s (National and International Level) and Voluntary organizations;
3.5 National Green Tribunal Act, 2010: Jurisdiction, Power and Proceedings before tribunal; Role of
Judiciary in Environment Protection.
UNIT 4: Laws and Waste Management:
4.1 Concept, meaning, cause, disposal, control and the laws:
4.2 Municipal Solid Waste; Plastic Wastes; Hospital Wastes; Electronic Wastes; Radioactive Waste.
UNIT 5: Protection of Forest and Wild Life:
5.1 Need and importance of forest, Deforestation causes and effects-The Indian Forest Act, 1927 Forest Conservation
Act, 1980;

Why is Forests Important?

Forests are our land’s trees and plants that cover a third of the earth’s surface symbolized by the colour green
in the common definition of environmentalism. There are many reasons why forests are an important feature for the
environment and in our daily lives. They are fundamental life forms and provide for the continuity of the world’s
biodiversity which is necessary for economic development, diversity of life forms, human livelihood, and
environmental adaptive responses.
Forests are mainly important because they stabilize climate, regulate the water cycle, and provides habitat
to thousands of life forms. Below are the leading reasons signifying the importance of forest.
Forests cover nearly a third of all land on Earth, providing vital organic infrastructure for some of the
planet's densest, most diverse collections of life. They support countless species, including our own, yet we often seem
oblivious of that. Humans now clear millions of acres from natural forests every year, especially in the tropics, letting
deforestation threaten some of Earth's most valuable ecosystems.
We tend to take forests for granted, underestimating how indispensable they still are for everyone on the
planet. That would quickly change if they all disappeared, but since humanity might not survive that scenario, the
lesson wouldn't be very useful by then.
Indifference, in turn, often depends on ignorance. So to help things get better for woodlands around the
world, we'd all be wise to learn more about the benefits of forests — and to share that knowledge with others. That's
the goal of events like the International Day of Forests, a U.N. holiday observed annually on March 21. But forests
support us every day of the year, and as deforestation runs rampant around the world, they increasingly need us to
return the favour.

Below are 9 reasons why forests are important and why should we protect forests from getting axed.
1. Supports Ecosystems and Habitats
Forests are habitats to millions of animals and support numerous ecosystems. About 90% of all
earth’s species live in forests. Animals such as lizards, snakes, turtles, crocodiles, alligators, insects, birds, butterflies
and monkeys among other wild animals such as lions and leopards all live in the forests or within the rivers and
streams in forest areas.
Therefore, these animals form their food chains in the forests by interacting with each other in their
respective physical environments which creates an ecosystem. Healthy ecosystems are critical for the flourishing of
the animal lives. Additionally, millions of indigenous people still live in the forests and depend on them for survival.

2. Protects Watershed Areas

Forests act as watershed regions since, approximately all the water merely comes from forest-derived
water tables and from within the rivers, lakes, and streams in forest areas. Streams and rivers running through
forests are protected from sun’s radiation and drying by the forest cover.
The Amazon, for instance, provides one of the largest watershed and river systems in the world. Many other forest
areas around the globe also serve as significant watershed areas.

3. Supports Biodiversity
Forests serve as reserves for the genes of biodiversity. This is because forests carry about 90% of all
the earth’s species, both plants and animals, thereby making up a diversity of plant and animal life forms in the
various forest habitats. Forests also support biodiversity by offering enabling environments where different plants
and animals can easily thrive. Forests also support the life of some of the world’s endangered species.

4. Purifies the Air

Forests play an important role in the purification of the atmospheric air. During the day, trees and
plants absorb carbon dioxide for photosynthesis and give out oxygen. As such, they help in the purification of the air
that we breathe. Forests thus serve as an instrumental tool for reducing the amount of carbon dioxide and other
greenhouse gasses in the environment which are responsible for global warming.

5. Stabilize Climate
Forests serve as climate stabilizers since trees and plants regulate atmospheric temperatures through
evaporation and proving environmental breeze. In urban settings, for instance, the presence of trees can reduce the
dependence of air conditioners. Large forests regulate regional temperatures by absorbing the sun’s radiant heat and
promote rainfall as well as cool climate as an effect of evaporation
 6. Enrich the Soil
Plants and trees help to recycle the soil nutrients through the shedding of leaves and small branches.
The plant and tree roots also break the soils in finer particles and encourage water infiltration into the soil. The roots
also absorb some water from surface runoff and reduce the speed of flow, minimizing soil erosion which normally
degrades the fertility of the soil.

7. Regulates the Water Cycle

Forests also regulate the natural cycle of water evaporation and subsequent condensation and
precipitation as rain. Forests make this possible by absorbing and redistributing rainwater pretty equally across the
entire geographical coverage, which is mostly termed as water economy. Forests also absorb considerable amounts of
water from runoff and pass it down into the aquifers, replenishing groundwater supplies.

8. Medicinal Value
Forests are highly linked to medicinal research and pharmaceutical breakthroughs due to their
extensive plant life and animal life forms. A large percentage of the drugs used for diverse medical treatments are
extracted from the plants and animals that live in the forests. Forests are comprised of numerous and incredible cures
including the drugs used to relieve the effects of cancers.

9. Economic Significance
Forests are of vast economic benefits to us. For instance, plantation forests provide humans with
wood and timber, which is used in construction and as raw materials for numerous products. Also, whenever tourists
visit the forest areas to view the beautiful sceneries alongside the wildlife forms inhabiting the forests, the hosting
nations and communities get revenue from tourism. Forests are also a source to rare animals like wild rabbits, and
foods or vegetables such as berries, tubers, and edible mushrooms that grow on the forest floors.

What is Deforestation?
Deforestation can be defined as the large-scale removal of trees from forests (or other lands) for the
facilitation of human activities. It is a serious environmental concern since it can result in the loss of biodiversity,
damage to natural habitats, disturbances in the water cycle, and soil erosion. Deforestation is also a contributor to
climate change and global warming.
Deforestation is the clearing, destroying, or otherwise removal of trees through deliberate, natural or
accidental means. It can occur in any area densely populated by trees and other plant life, but the majority of it is
currently happening in the Amazon rainforest.
The loss of trees and other vegetation can cause climate change, desertification, soil erosion, fewer crops,
flooding, increased greenhouse gases in the atmosphere, and a host of problems for indigenous people.
Deforestation occurs for a number of reasons, including: farming, mostly cattle due to its quick turn around; and
logging, for materials and development. It has been happening for thousands of years, arguably since man began
converting from hunter/gatherer to agricultural based societies, and required larger, unobstructed tracks of land to
accommodate cattle, crops, and housing. It was only after the onset of the modern era that it became an epidemic.

Causes of Deforestation
1. Agricultural Activities: As earlier mentioned in the overview, agricultural activities are one of the major
factors affecting deforestation. Due to overgrowing demand for food products, huge amount of tress are fell down to
grow crops and for cattle grazing.
2. Logging: Apart from this, wood based industries like paper, match-sticks, furniture etc also need a
substantial amount of wood supply. Wood is used as fuel both directly and indirectly, therefore trees are chopped for
supplies. Firewood and charcoal are examples of wood being used as fuel. Some of these industries thrive on illegal
wood cutting and felling of trees.
3. Urbanization: Further on order to gain access to these forests, the construction of roads are undertaken;
here again trees are chopped to create roads. Overpopulation too directly affects forest covers, as with the expansion
of cities more land is needed to establish housing and settlements. Therefore forest land is reclaimed.
4. Desertification of land: Some of the other factors that lead to deforestation are also part natural and part
anthropogenic like Desertification of land. It occurs due to land abuse making it unfit for growth of trees. Many
industries in petrochemicals release their waste into rivers which results in soil erosion and make it unfit to grow
plants and trees.
 5. Mining: Oil and coal mining require considerable amount of forest land. Apart from this, roads and
highways have to be built to make way for trucks and other equipment. The waste that comes out from
mining pollutes the environment and affects the nearby species.
6. Forest Fires: Another example would be forest blazes; Hundreds of trees are lost each year due to forest
fires in various portions of the world. This happens due to extreme warm summers and milder winters. Fires, whether
causes by man or nature results in huge loss of forest cover.

Environmental Effects of Deforestation From Above

 Loss of Habitat
One of the most dangerous and unsettling effects of deforestation is the loss of animal and plant
species due to their loss of habitat; not only do we lose those known to us, but also those unknown, potentially an
even greater loss.
“Seventy percent of Earth’s land animals and plants live in forests, and many cannot survive the
deforestation that destroys their homes.”
The trees of the rainforest that provide shelter for some species also provide the canopy that regulates
the temperature, a necessity for many others. Its removal through deforestation would allow a more drastic
temperature variation from day to night, much like a desert, which could prove fatal for current inhabitants.

 Increased Greenhouse Gases

In addition to the loss of habitat, the lack of trees also allows a greater amount of greenhouse gases to
be released into the atmosphere. Presently, the tropical rainforests of South America are responsible for 20% of
Earth’s oxygen and they are disappearing at a rate of 4 hectares a decade. If these rates are not stopped and
reversed, the consequences will become even more severe.

 Water in the Atmosphere

The trees also help control the level of water in the atmosphere by helping to regulate the water
cycle. With fewer trees left, due to deforestation, there is less water in the air to be returned to the soil. In turn, this
causes dryer soil and the inability to grow crops, an ironic twist when considered against the fact that 80% of
deforestation comes from small-scale agriculture and cattle ranching.

Environmental Effects of Deforestation From Below

 Soil Erosion and Flooding
Further effects of deforestation include soil erosion and coastal flooding. In addition to their
previously mentioned roles, trees also function to retain water and topsoil, which provides the rich nutrients to
sustain additional forest life.
Without them, the soil erodes and washes away, causing farmers to move on and perpetuate the
cycle. The barren land which is left behind in the wake of these unsustainable agricultural practices is then more
susceptible to flooding, specifically in coastal regions.
“Coastal vegetation lessens the impact of waves and winds associated with a storm surge. Without this
vegetation, coastal villages are susceptible to damaging floods.”

Effects of Deforestation on Indigenous People

 Destruction of Homelands
As large amounts of forests are cleared away, allowing exposed earth to whither and die and the
habitats of innumerable species to be destroyed, the indigenous tribes who depend on them to sustain their way of
life are also irreparably damaged.
The loss of forests has an immediate and direct effect on their lifestyle that we in the modern world,
despite our own dependency on what the rainforest provides, will never know. The level of immediacy is
exponentially greater.
The governments of nations with rainforests in their borders also attempt to evict indigenous tribes,
and often succeed, before the actual clear-cutting begins. One of the pre-emptive effects of deforestation.
5.2 National Forest Policies. Wild Life Protection in India- ancient, British period and Independent India; Wild Life
Protection Act, 1972