Global Warming (Convention on Climatic Change 1992, Kyoto Conference and Pact on Global Warming 1997)

Global Warming :( Convention on Climatic Change 1992, Kyoto Conference and Pact on Global Warming 1997)

NOTE: The Questions May be as

·       What is meant by Global Warming? How does it effect on Environment?

·       Explain the salient features of Kyoto Protocol 1997

·       Write a note on Global Environmental issues

·       Explain what steps have been taken under convention of climatic change, 1992, Kyoto Conference, 1997 and Get 1998 to control global warming.

Answer:

·      Introduction

·      Convention on Climatic Change1992 (Green House Effect)

·      Kyoto Conference and Pact on Global warming 1997

·      Global Environment Facility (GEF), 1998

Introduction

           In the Rio Conference, 1992, it was decided that because of the global warming, every state is required to take steps to reduce their emission of gases. However, there was no time limit set to achieve this.

     The following international conventions, conferences, etc., were made to take steps to control global warming:

·       Convention on Climatic Change1992 (Green House Effect)

·       Kyoto Conference and Pact on Global warming 1997

·       Global Environment Facility (GEF), 1998

Convention on Climatic Change1992 (Green House Effect)

     The conference which was held for the purpose of taking steps for controlling global warming. The combustion of coal, petrol and other ammunitions, etc., release large quantities of gases which harm the atmosphere.

   These gases are agents to warm up the atmosphere on earth and they cause ice to melt in the Polar Regions and the water emerging from the melting of ice release into the sea. The methane gas escapes into the atmosphere and its absorption of radiation will change earth climate.

   This absorption of infrared radiation from the surface of the earth leading to “Green House Effect”. Because of this effect there is increase in temperature leading to global warming.

 Green House Gases means those gaseous both natural and anthropogenic absorb and re-emit infrared radiation.

 The convention defined the adverse effects of climate change, climate system, emissions, greenhouse gases etc. I also lays down the objectives, principles, commitments, research and systematic observations, education training and public awareness, conference of the parties.

Kyoto Conference and Pact on Global warming 1997

    This is also called “World Climate Conference” or ‘UN Climate Conference’ in Kyoto. About 159 nations represented the conference.

          The following resolutions were adopted.

1.    The industrialized countries have to reduce their average annual emissions of greenhouse gases.

2.    There is binding limits on industrialized nations emissions of greenhouse gases.

3.    The nations must take steps to convert coal-fired power plants and more fuel efficient automobiles.

4.    Major polluters must cut down their heat traffic emissions

5.    Developing nations with advanced technologies must provide funds to promote clean industries.

Nations like USA, Japan, and European countries etc. are committed to cut gas emissions by 6-8%

Global Environment Facility (GEF), 1998

  The General assembly met in April 1998 for a three day programme on Global Environment Facility (GEF). The object of this meeting is to enforce strict emission laws and stipulate pollution level limits so that the globe is saved from ecological disaster.

 The following resolutions were made:

1.    To solve environmental problems, the allocation of funds is not adequate and hence increased fund is necessary.

2.    The National Governments and other International Organizations must address environmental problem and also explore the new avenues of fund.

3.    Both Environmental objectives and development objectives and these should be addressed as global problems.

4.    The Principles of Sustainable development must be formulated and strictly followed to save the earth from further degradation.

RIO- DECLARATION (or Earth Summit 1992)

A RIO- DECLARATION (United Nations conference on Environment and development)

NOTE: The Questions May be as

·       Write a brief note on Rio-declaration 1992.

·       Write a note on Earth Summit 1992.

Answer:

·      Introduction

·      Preamble

·      Principles

·      Earth Summit Plus Five, 1997

Introduction

           The Rio Declaration on Environment and Development, often shortened to Rio Declaration, was a short document produced at the 1992 United Nations "Conference on Environment and Development" (UNCED), informally known as the Earth Summit. The Rio Declaration consisted of 27 principles intended to guide countries in future sustainable development. It was signed by over 170 countries.

          Earth Summit was largest International Conference in the history of international law held at the Rio de Janeiro from 3^rd to 14^th June 1992.

The need for the conference was due to the fact that industrialized countries degrade the environment by high consumption of resources and intense production of waste and developing countries put extra pressure on earth by rapid population growth.

Preamble:

1.    To establish a new and equitable global partnership.

2.    To work towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system.

3.    To recognize the integral and interdependent nature of the earth.

Principles

1.    Human beings are entitled to a healthy and productive life and harmony with nature.

2.    States have the sovereign right to exploit their own resources and developmental policies but should not cause damage to the environment of other states.

3.    The right to development must be to equitably meet developmental and environmental needs of present and future generations.

4.    To achieve sustainable development, environmental protection an integral part of the development process.

5.    All States and all people co-operate in eradicating poverty.

6.    The special situation needs of developing countries shall be given special priority

7.    States shall co-operate to protect and restore the health and integrity of the earth’s ecosystem.

8.    To achieve a higher quality of life for their people.

9.    States should co-operate to strengthen endogenous capacity building for sustainable development by improving scientific understanding

10. At National level, each individual shall have appropriate access to information concerning the environment.

11. States shall enact effective environmental legislation.

12. States should cooperate to promote a supportive and open international economic system for sustainable development in all countries.

13. States shall develop National law and cooperate International law regarding liability and compensation of the victims of pollution and other environmental damage.

14. States should effectively cooperative to prevent transfer to the other states of any activities that cause severe environmental degradation.

15. To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.

16. National authorities should endeavor to promote the environmental costs and the use of economic instruments.

17. States shall immediately notify other states of any natural disaster.

18. States shall provide timely notification and relevant information to affected States on activities.

19. Women have a vital role in environmental management and development.

20. The creativity, ideals and courage of the youth of the world should be mobilized to forge a global partnership.

21. The environment and natural resources of people under oppression, domination and occupation shall be protected.

22. Warfare is inherently destructive of Sustainable development.

23. Peace, development and environment protection are interdependent and invisible.

24. States shall resolve all their environmental disputes peacefully and by appropriate means.

25.States and people shall co-operate in good faith and fulfillment of the principle embodied in this declaration.

Earth Summit Plus Five, 1997:

          The sessions was held at New York to find out how far the nations have implemented Rio Declarations. The reason that this meeting was held after five years of earth summit 1992 is because more than 170 representatives of various nations participated in the conference.

        The important outcome of the conference is as follow:

1.    The oceans, forests, and atmosphere are in trouble and the population of the poor people is growing.

2.    The Earth Summit objectives are not fulfilled and the results of implantation are sobering

3.    There is increased release of carbon-di-oxide in the atmosphere and hence there is global warming

4.    Forest felling is on the increase and deforestation rate has increased from 11000 sq. meter to 15000 sq. m

5.    13.7 million hectares of forests are being cut every year.

6.    The level of Greenhouses gases is increasing at the rate of 2% annually.

7.    It is expected 2/3^rd of world’s population experience water scarcity by the year 2000

8.    1.1 billion People earn less than 1 dollar and hence not able to protect themselves.

9.    The difference between rich and poor nations is widening. There is increase in toxic and hazardous waste, crossing the borders of neighboring nations.

10.The Conference concluded with the finding that there is increase in the overall pollution. However all nations committed themselves to work jointly to meet the needs of the present and future generations.

A STOCKHOLM DECLARATION ON THE HUMAN ENVIRONMENT, 1972

A STOCKHOLM DECLARATION ON THE HUMAN ENVIRONMENT, 1972

NOTE: The Questions May be as

·       Examine the significance of Stockholm Declaration of the UN Conference on Human Environment 1972.

·       Write a brief note on The Principles adopted in Stockholm Declaration 1972.

·       Discuss the importance of Stockholm Declaration and its effects upon member states

Answer:

·      Introduction

·      Provisions of the Stockholm declaration

·      Contributions of Stockholm declaration

·      Subsequent developments after Stockholm declaration, 1972

Introduction

          The General Assembly of UNO, United Nations Conference on Human environment   took place at Stockholm from 5^th to 16^th June 1972. For the first time, the World Nations seriously discussed and deliberated on Environment Protection and Sustainable development.

           The Conference has resulted in Declaration called “Stockholm Declaration on the Human Environment, 1972.

Provisions of the Stockholm declaration

             The Declaration contains:

a.     7 Universal Truths

b.    26 Principles

a.   Universal Truths:

1.    Man is both a creator and molder of his environment. Both the natural and manmade environments are essential to his wellbeing and enjoyment of his rights (including right to live).

2.    The protection and improvement of human environment is a major issue, as it affects the wellbeing of people and their economic development. It’s the duty of Government to protect and improve human environment.

3.    Man’s discoveries, inventions, creations and advances, if wisely used, bring benefits for development to people, but if wrongly applied, it can do great harm to human beings. Manmade harm is growing in many regions of earth.

4.    In the development countries, the underdevelopment has caused most of the environmental problems. The environmental problems are due to the industrialized and technological developments.

5.    The growth of population continuously presents problems for the preservation of the environment and hence adequate policies and measure must be adopted to face these problems.

6.    Man must shape his actions with more care for environmental consequences and he must use his knowledge to build a better natural environment.

7.    Citizen, Communities, Enterprises and Institutions must accept responsibility to achieve this environmental growth by all, sharing equitable in common efforts.

b.  Principles:

1.    Man has the fundamental right and hence has the responsibility to protect and improve the environment for present and future generations.

2.    The natural resources of earth must be safeguarded for the benefit of present and future generations through careful planning and appropriate management.

3.    The capacity of the earth to produce vital, renewable resources must be maintained and restored.

4.    Man has the responsibility to safeguard and manage of wildlife and its habitats which are now gravely in danger.

5.    The non-renewable resources of earth must be guarded for the future.

6.    The excess discharge of the toxic substances and heat must be stopped to ensure that it will not damage the ecosystem.

7.    States must take all possible steps to prevent pollution of the seas.

8.    Economic and Social development is essential for ensuring a favorable living and working environment.

9.    Environmental deficiencies generated by under-development and natural disasters pose grave problems.

10.For the developing countries, stability of prices and adequate earnings for primary commodities and raw materials are essential for environmental management.

11.The environmental policies of all states should be enhanced and not affect the present and future “development potential” of developing Counties.

12.Resources should be made available to preserve and improve the environment.

13.State should adopt an integrated approach to their development planning.

14.Rational planning constitutes for reconciling any conflicts between the needs of development and to protect and improve the environment.

15.Planning must be applied to human settlements and urbanization with a view to avoiding harmful effects on the environment.

16.Demographic policies should be applied in those regions where the rate of population growth are likely to harm the environment.

17.National Institutions must be entrusted with the task of planning managing or controlling the environmental resources of state.

18.Science and technology must be applied to the identification, avoidance and control of environmental risks.

19.Education in environmental matters is essential in protecting and improving environment in full human dimensions.

20.Scientific research and development must be promoted in all countries

21.States have the Sovereign right to exploit their own resources.

22. States must co-operate and develop the international law regarding liability and compensation for the victims of pollution and other environmental damage.

23.It is essential to consider the system of values prevailing in each country.

24.International matters like protection and improvement of the environment should be handled in a co-operative spirit by all countries.

25.States shall ensure that international organizations play a coordinated efficient and dynamic role for protections and improvement of the environment.

26.Man and his environment must be spared of the effects of the nuclear weapons and all other means of mass destruction.

Contributions of Stockholm declaration

 The main contributions of this UN Conference on human Environment/Stockholm declaration are as follows:

1.    The Declaration on the Human environment.

2.    The Action plan for the Human environment.

3.    The Resolution on Institutional Financial Arrangements.

4.    Resolution on designation of a World Environment Day.

5.    Resolution on Nuclear Weapons Tests

6.    Resolution on the convening of a Second Conference

7.    Decision to refer to Government’s recommendation for action at the National Level.

Subsequent developments after Stockholm declaration, 1972

 After the Stockholm Declarion, 1972, many International commissions and conferences on environmental protection and upgradation were held and the important commissions are:

1.    Nairobi Declaration, 1982

2.    Brundland Commission Report, 1987

3.    Rio Declaration,1992

4.    Earth Summit Plus,1997

     Nairobi Declaration, 1982:

            Nairobi Declaration was made on the eve of 10^th anniversary of United Nations Organizations conference on the Human Environment.(i.e Stockholm Declaration 1972)

 The main aspects of the Nairobi Declarations are as follows:

1.    There is no significant improvement in solving the environmental problems as from Stockholm Declaration 1972.

2.    It is decided to carry on the principles enunciated in the Stockholm Declaration. It is an action plan to further strengthen the international co-operation of member states for the Environmental protection.

    Brundland Commission Report, 1987:

               The following are the important provisions:

1.    Every human being has the basic right to have an adequate environment for healthy living

2.    Every nation must conserver and use the natural resources, both for the benefits of the present and future generations.

3.    Every nations must maintain eco systems and ecological process for the function of the biosphere.

4.    Every nations establish adequate environmental protection standards.

5.    Every nations must inform in advance of any activity by which persons are likely to be affected and provide suitable remedy.

6.    Every nations must cooperate with one another in implementation of the rights and obligations to sustainable development.

     Rio Declaration, 1992:

          The need for the conference was due to the fact that industrialized countries degrade the environment by high consumption of resources and intense production of waste and developing countries put extra pressure on earth by rapid population growth.

     The main aspects are:

1.    To establish a new and equitable global partnership.

2.    To work towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system.

3.    To recognize the integral and interdependent nature of the earth.

     Earth Summit Plus, 1997:

          The sessions was held at New York to find out how far the nations have implemented Rio Declarations. The reason that this meeting was held after five years of earth summit 1992 is because more than 170 representatives of various nations participated in the conference.

        The important outcome of the conference is as follow:

1.    The oceans, forests, and atmosphere are in trouble and the population of the poor people is growing.

2.    There is increased release of carbon-di-oxide in the atmosphere and hence there is global warming

3.    13.7 million hectares of forests are being cut every year.

4.    The level of Greenhouses gases is increasing at the rate of 2% annually.

Sustainable Development:

Sustainable Development: (SOCIO Economic Dimensions of Environment and Polluter Pays Principle)

NOTE: The Questions May be as

·       Explain the principle of absolute liability as propounded by Indian Judiciary.

·       Discuss the role of Judiciary in protection of environment with the help of decided cases.

·       Define sustainable development. Discuss the contribution of judiciary for the protection of environment

·       Mehta Case in the protection of environment Bench

·       Principles and Doctrine (By Supreme Court)

Answer:

·      Introduction

·      Definition

·      Inter generation equity

·      Indian Judiciary ( Polluter Pays Principle) and sustainable development

Introduction

       Any development, whether economic, social or political must not harm or affect the environmental interests.

      While development is necessary, it should not be at the cost of environmental pollution. One generation should not totally exploit the natural resources, which must be continuously kept for the benefit of future generations.

     In Other words, development must possess both economical sustainability and ecological sustainability

Definition

    Sustainable development is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs

     Sustainable development is new concept of economic growth. It involves progressive transformation of economy and society. All factors responsible for preventing sustainable development like poverty etc. must be eradicated.

      The minerals, oil ores etc. if used abundantly, will reduce the stock available for future generations. So minimum use of such non-renewable sources must be made and alternative technologies to reduce the use of such resources must be found out.

Inter generation equity

   Inter generation equity means the right of each generation to the benefits of the cultural and natural inheritances of the past generations. It also includes the duty of the present generation to preserve the cultural and natural heritage and pass it on to the future generations.

   According to Brundland Report, the inter generation equity requires sustainable development i.e. development of the economic and social needs without affecting the environment so that the future generation continue to enjoy an environment free from pollution.

   The non-renewable resource like fuels and minerals must not be fully depleted and sparingly used by the present generation so that it must be kept available for future generations also.

Indian Judiciary (Polluter Pays Principle) and sustainable development

  NOTE: This below answer can be asked as separate question.

1.    Introduction

2.    Judiciary and Forests

3.    Judiciary and Industrial Development

4.    Judiciary and Urbanization

5.    Judiciary and Vehicular Pollution

6.    Judiciary and Stone crushing, quarrying etc.

7.    Air Pollution

8.    Water Pollution

9.    Environmental Pollution

10.Public parks and Open space

11.Principles and Doctrines (by Supreme Court)

12.Public Interest Litigations (M.C. Mehta Vs Union of India)

13.Citizen’s suit under Environment Protection Act

Introduction

         India has played and is playing a major role in Sustainable development and Environmental Protection. There is regular development of Law relating to the protection of environment.

    The judgements have created a new field of study called “Environmental Jurisprudence”

             The following rules have been laid through various judgement of judiciary in India

  Judiciary and Forests

1.         Supreme Court has issued directions to stop illegal cutting of trees for environmental protection.

        Case : T.N. Godavarman Thirumulkpad Vs. Union of India (Godavarman Case)

  In the likeness of removing infected trees, trees without diseases were also cut from the forest. In the process, dense forest of over 17000 sq. kms were removed.

        The Supreme Court made a thorough study and laid down the following rules for delivering the judgement.

a.     Running of saw mills or plywood mills within the forest must be stopped.

b.    A comprehensive statement from all state Governments must be obtained regarding the fast forest activities and future programme to tackle the deforestation.

c.     New licenses must not be issued for next 5 years

d.    The forest department must prepare an active plan for forest protection

e.    Illegal felling of trees must be punished.

f.      Budget allocation for protection of wild life and for scientific management of forests must be made by the governments

2.    Mining Operations in Reserve Forests must not be permitted.

             Case: MC Mehta Vs Union of India, T. Bharat Sangh Vs Union India

In the above cases, The Supreme Court has held that no mining operation must be carried on within the reserved forest or protected areas.

3.    The Tribals Called Adivasis is a prevailing community in the mostly the legal forest and forest areas. They enjoy traditional rights of forest and earn their livelihood from them. They are totally dependent on the forest.

The National Forest Policy 1980 emphasized the need to involve tribals in the forest development. They should be employed for development and growth of forest.

CASE: Pradeep Krishen Vs Union of India

 Public Interest was filed to quash the notification of M.P. Government that tribals and villages as it affect the wild life in the area. But Supreme Court quash the notification as it protected the traditional rights of the tribals

Judiciary and Industrial Development

           Industrial growth is essential for better living standards of human being. The industrialists extract materials from natural resources and convert them as products for human beings and as a by-product polluting the human environment.

         The negative environmental factors of industrial activity are air, water, and land pollution. No Industrial development at the cost of affecting sustainable development is permitted.

Case: Union Carbide Vs. Union of India,(1998)

  On 3 December 1984, the plant released toxic gas, exposing more than 500,000 people to toxic gases by a Union Carbides Chemical Plant. Between 3,500 and 25,000 people died as a result of contact with the cloud of toxic gas.

In 1998, the Supreme Court of India reached a settlement with Union Carbide: They had to pay 470 million US dollars to the Indian state.

 The Supreme Court in deciding the case laid the principles of environmental jurisprudence

i)                The Union Carbide Company was allowed to continue to function as the court was satisfied that all the safety and control measures had been fully complied with by the company.

ii)               The Supreme Court held that such private companies will be impliedly treated as Sate within the meaning of article 12 of the constitution and For public interest litigation is allowed under article 32 or 226 of the constitution against these companies.

iii)             Industries should also maintain highest standard of safety and absolute liability to compensate for any harm or injury to them.

The Rule in CASE: Rylands Vs Fletcher, it is wrong to perceive that an industry ca do anything as it likes so long as it compensates the people for their losses.

iv)             The principles to take precautionary measures, “polluter pays”, are applicable as regards the environment and victims of environmental pollution are concerned.

Case: V. Lakshmipathy Vs State of Karnataka

The Karnataka High Court directed the municipal corporation stop the industries being set up in residential areas. Any tannery industry without “primary treatment plant” is not permitted to work and ordered to be closed by the Supreme Court.

Judiciary and Urbanization

      Because of accelerated growth of cities, clean water, air, sanitation, transportation etc. become in adequate. More diseases are due to overcrowding, air pollution, street filth, lack of sewage systems, and increase in slum dwelling, cutting of trees, conversion of paddy fields into residential areas has caused industrial pollution.

Case: People United for better living in Calcutta Vs State of West Bengal, AIR 1993

 The court held that that it is duty of the Court to balance between development programme and environment. Wet lands are important in maintenance of environmental equilibrium and necessary to preserve the environment.

Case: Ahmedabad Municipal Corporation vs Nawab Khan Gulab Khan (1997)

  It was held that unauthorized encroachment of pavements affects pedestrian’s right to free passage, and the Municipal Corporation could remove such encroachments.

   The Vacant places left for Open spaces and public parks are meant for recreation of people. The Court termed them as “LUNG Spaces” and meant to create ecological balance.

Judiciary and Vehicular Pollution

   The Vehicular Traffic is increasing day by day especially in towns and cities and it is the major source of air pollution. It is estimated that 50% of air pollution is due to automobile traffic.

       The Supreme Court in Case: Santosh Kumar Gupta Vs Secretary, Ministry of environment, New Delhi AIR 1998 has issued various directions to concerned State authorities to strictly enforce the provisions of Air Pollution Act, Motor Vehicles Act etc. and also directed to regulate the vehicular movement to prevent entry in certain restricted areas.

Judiciary and Stone crushing, quarrying etc.

  High wastes due to indiscriminate quarrying, stone crushing and mining. It causes environmental degradation.

   The Supreme Court in various judgements directed to stop mining operation in certain areas to protect environment and as safeguard of anti-pollution measure. It has even ignored the foreign exchange earnings due to the mining activity, if it affects “Sustainable Development”.

Air Pollution

 Case: B.Venkatappa Vs B.Louis, AIR 1986

 The Smoke and fumes were emanating from the chimney and it was causing health hazards to the occupier of the neighboring property.

The Andhra Pradesh High Court held that even in the absence of proof of injury or discomfort to the plaintiff, the smoke might be injurious to the health of all neighbours. Hence issued mandatory injunction that the release of smoke must forth with be stopped or direction changed upwards at high altitude.

Water Pollution

Case: Mukesh Textiles Mills (p) Ltd Vs H.R. Subramanya Sastry 1987

In the defendant’s Sugar factory, molasses were stored in tanks, Due to the burrowing (hole made by digging) activity of rodents, the molasses leaked to water channel and damaged the plaintiff’s paddy.

  The High Court held that the defendant was liable to pay compensation on the principle of absolute liability i.e. even if there was no proof of negligence on the part of the defendant.

Environmental Pollution

Case: The Goa Foundation Vs Konkan Railway Corporation AIR 1992

The Konkan Railway laid railway line in the State of Goa. While laying the railway line, for a length of 105 kilometers.

So in 1991, the local people organized themselves as a committee and protested against Konkan Railway Corporation for the proposed alignment of the railway line. The main points raised by the petitioners were that existing alignment would cause flooding in coastal regions, destroy the fertile lands, harm the monuments of Old Goa, cause irreparable damage to the marshes through which the railway line passed.

  High Court as well as Supreme Court dismissed the appeal filed by the Goa Foundation and held that the Konkan Railway Corporation can continue its railway line laying operation without hindrance from local people of Goa.

Public parks and Open space

Case: Bangalore Medical Trust Vs B.S. Muddappa AIR 1991

  Certain areas were earmarked for public parks in the Bangalore City extension scheme by the City improvement Board of Bangalore.

   However, as per the directions of the Chief Minister of the State, a park area was allotted to the appellant for hospital construction. The residents of the area filed a case before the high Court of the Karnataka and it allowed the petition as sustainable.

The Appellant preferred an appeal to the Supreme Court, however Supreme Court dismissed the appeal with costs and held that the public parks and open space in urban development were very important. Hence ultra vires and violate of article 14 of the Constitution.

Principles and Doctrines (by Supreme Court)

1.   Public Trust Doctrine:

 The doctrine is otherwise known as “Rule in M.C. Mehta Vs. Kamal Nath 1997”.

 The Common natural resources like air, sea, water and the forest as a whole and individually have importance and benefits to the common man. Therefore these resources must be kept under the government ownership and they should not they subject of private ownership. This is called Public trust doctrine.

The famous case on this point is M.C. Mehta Vs Kamal Nath. The State government leased a riparian forest land for commercial purpose to a private company which has a Motel Located at the bank of river Bias. The motel management’s activities  affected the natural flow of the river Bias.

The Court held that the State is ”Public Trust” of certain resources like air, sea, water and the forests which are of public importance and so that should not be made as a subject of private ownership. Here a state had committed a beach of “Public Trust”.

Rules regarding public trust doctrine:

The doctrine of public trust has following rules:

a)    The Property coming under the trust must be used for public purpose.

b)    It must be used for the particular purpose.

c)     The natural resources meant for public use should not be transferred to private ownership.

d)    For all natural resources meant for public use and enjoyment, the state must be the trustee.

e)    The Public is the beneficiary of the sea-shore, running waters, air, forests, etc.

f)      It must be made available for use by the general public.

g)    It must not be sold even if it fetches high price.

Since the State is the trustee, it has the legal duty to protect the natural resources.

2.   Green Bench(Green Judge):

Case: Vellore Citizen Welfare Forum Vs Union of India AIR 1996

                There was large-scale pollution caused due to the high volume of discharge of untreated effluent by the high volume of discharge of untreated effluent by the tanneries in Tamil Nadu. They affected agricultural lands, waterways, rivers and also the underground water sources.

                 Because of this, the availability of drinking water had become scarce and the agricultural lands became unfit for cultivation. The Tannery owners contended that there was big foreign exchange earnings due to the tannery business.

        The Supreme Court wanted to harmonize the economic development of the nation and the welfare of the people. So it asked the High Court to constitute a Special Bench –‘Green Bench’ to monitor and deal with cases on environmental matters.

 Environmental Protection Fund:

        In Vellore Citizen’s welfare Forum Vs. Union of India , the Supreme Court directed the Central Government to Constitute an environment protection fund as per the Polluter Pays Principle.    

3.   Precautionary Principle:

    Any activity of the substance which poses a threat to the environment must be prevented in advance.

     In other words, the Government must anticipate and prevent the causes of environmental degradation in advance. This is called ‘Precautionary Principle’. Environmental problem is a global problem and hence international co-operation and assistance is necessary.

    If there are threats of serious and irreversible damage, then such acts should be studied thoroughly and after taking all precautionary steps to avoid environmental pollution, such acts must be allowed.

                    M.C. Mehta Vs. Union of India (1997)

 i). In this case, the Supreme Court applied precautionary principle. The environmental pollution affecting Taj Mahal was considered by Supreme Court and held that there should be restriction of movement of visitors and vehicles within 500 meter zone around the Taj Mahal.

ii)   The Supreme Court prohibited the mining and construction activities near lakes to protect them from environmental degradation.

4.   “Polluter Pays” Principle:

  It is the absolute liability of persons harming the environment to pay adequate compensation to the victims of pollution and bear the expenses of restoring the environment to its original position. This is called ‘the Polluter pays’ principle.

i.                Case Indian Council for Enviro Legal Action Vs. Union of India ( Coastal Protection Case)

ii.               Case: Union Carbide Vs Union of India  (Bhopal Gas Leakage Disaster)

The Supreme Court observed that since the activity carried on by the industry was hazardous and inherently dangerous, the persons carrying on such hazardous activities must compensate all the losses sustained by the other persons.

 The Polluter pays principle thus means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation.

 Public Interest Litigations (M.C. Mehta Vs Union of India)

            M.C. Mehta is a public interest institution interested in the environmental protection and also the welfare of the public. This Institution have filed number of public interest litigation in its own name.

         1. The Supreme Court issued directions for stone crushing activities in and around Delhi to avoid environmental pollution and to keep up the Sustainable development.

         2.  The Supreme Court observed that Delhi is one of the most polluted cities in the world and hence directed the shifting/ relocation of 168 industries, identified as hazardous / noxious/ heavy and large industries operating in Delhi to other towns.

         3.  The Supreme Court also has protected interest of workmen in the above shifting of industries. It used directions to pay package of compensations/ benefits to the workmen.

         4. The environmental pollution affecting Taj Mahal was considered by Supreme Court and held that there should be restriction of movement of visitors and vehicles within 500 metre zone around the Taj Mahal.

  The following principles were laid down in this case:

1.    The larger and more prosperous the enterprise is the greater must be the amount of compensation payable by it.

2.    To minimize hazards, chemical industries must be located is such areas where population is scarce.

3.    A green belt of 1 to 5 km widths around such industries must be provided.

4.    To assess environmental pollution an Ecological Sciences Research Group (ESRG) be set up who would act as an information bank.

5.    An environmental Court be set up.

Citizen’s suit under Environment Protection Act

        Citizen suits are lawsuits brought by individuals or nonprofit groups/organizations for violation of environmental laws. Since the enforcement machinery for environment protection is in adequate and ineffective the citizen suits are extremely useful for implementation of environmental laws.

Citizen suits have improved the enforcement of environmental laws over the past quarter century. There are counter suits filed by the polluters against the persons filing citizen suits and it is in the form of defamation, discrimination, etc.

Despite the counter effective measures, the citizen suits continue to be a valuable tool in environmental enforcement.