ENVIRONMENT AND SUSTAINABLE DEVELOPMENT

Abstract

Sustainable means able to be maintained at a certain rate or degree, and

development means progress. The concept of Sustainable Development sees the
survival of humanity entirely dependent on the health and viability of the Earth's
support systems. The word sustainability is derived from the Latin term "sustinere",
which means support from beneath. Moreover, when we talk about the environment,
it is not always about what we see, i.e., air, water, soil, or trees, but it is everything
around us that could be artificial or natural; everything around us is connected to it
and affects it in a particular way. Understanding Sustainable Development in the
context of the environment leads us to the observation that using environmental
resources in a particular way would not affect the environment and uphold the
evolution of humanity. The concept of sustainable development enlightens us on the
importance of the environment and how we can use it in a balanced manner to
sustain it for the next generation.
It is true that, for the progress of humanity, we need resources that generally come
from the environment, but these resources will not last forever. Here, the concept of
sustainable development comes into play to keep a balance between the evolution of
humanity and the sustainability of the environment.
That is why we need to work upon this, which has become the need of the hour. Our
environment is losing its essence, and as a result, it is degrading day by day. We need
to save our environment and use it wisely and save it for the upcoming generation.
For this, we have the concept of 'Sustainable Development in our hand. It means
"Development that meets the needs of the present without compromising the needs
of future generations".
In June 1992, at the Earth Summit in Rio de Janeiro, Brazil, more than 178 countries
adopted sustainable development. Most of us are unaware of this concept, which
creates a barrier to achieving sustainable development goals.

Keywords: Environment, Sustainable Development, Pollution, Hazardous

Substances, Economic Development, Climate Change.

INTRODUCTION
Nature used to follow its own rules in terms of the environment and climate. When
humans gained control of the world, the equilibrium was disrupted. As a result, things
have changed; the ecosystem has been disrupted, the food chain has changed, and
people have started to recognize the importance of the environment. Where we used
to take the world for granted, we now recognize its significance. We are concerned
that we must restore the environment, and as a result, we are enacting laws and
regulations.
As the name suggests, "environment" includes water, air, and land, and the inter-
relationship between and between water, air, and land, human beings, other living
creatures, plants, microorganisms, and property1. One of the greatest problems that
the world is facing today is that of environmental pollution, which is increasing with
every passing year and causing grave and irreparable damage to the earth.
Environmental pollution consists of five basic types of pollution: air, water, soil,
noise, and light.
Here are some definitions related to the environment and environmental pollution
under the Act:
● Environmental pollutant "means any solid, liquid, or gaseous substance
present in such concentration as may be, or tends to be, injurious to the
environment.2

1
Section 2 (A) of the Environment Protection Act 1986
2
Section 2 (B) Of the Environment (Protection) Act, 1986
 ● "environmental pollution" means the presence in the environment of any
environmental pollutant;3
Before proceeding, it is necessary to grasp a few technical terms to comprehend
environmental law.
According to the Council of Europe's definition:
Ecology: It refers to the interdependence of various elements of the climate. It is a
science dealing with animals and plants that are concerned with nature. Ecology is the
study of the processes that influence the distribution and abundance of species and
their interactions.
The term "ecosystem" refers to a specific area in the natural environment that
combines physical and biological structure. In a given environment, an ecosystem
is a complex collection of relationships between living resources and humans.

ENVIRONMENT POLLUTION
Pollution is described as the alteration of physical, chemical, or biological properties
of air, water, or soil that is toxic or detrimental to human health and ecosystems,
including livestock, wild animals, birds, fish, plants, and other forms of life.
Environmental law refers to laws, regulations, treaties, and agreements that
regulate, prohibit, or promote certain practices by persons, states, or other legal
entities.
It applies to laws and regulations, principles, procedures, and institutional norms that
deal with environmental protection. It also refers to legislation that governs human
activities that pollute the atmosphere.
The Environmental Law covers the following purposes in a general sense:
1. Conservation and management of the environmental
2. restoration and management of natural resources

3
Section 2 (C) Of the Environment (Protection) Act, 1986
 3. Determining who is responsible for environmental law violations and how
they are punished.
4. Describe the functions and obligations of environmental protection
institutions.

The human race has shaped the world in every way, from land to sea, even as we talk.
As previously noted, the state of the atmosphere is worsening, and human health is
jeopardized. It is a fact that zoonotic diseases lead to 75% of newly emerging
diseases. (Zoonotic diseases are diseases that occur in wild or domesticated animals
and are then transmitted to humans).
The United Nations Environmental Programme has collaborated with scientists to
establish a connection between ecosystem stability, environmental protection, and
human health, including zoonotic diseases. Green investments, such as renewable
energy, innovative housing, green public procurement, and public transportation,
must be promoted.
Because of the coronavirus pandemic, the International Organization for Migration
has expressed serious concerns. Many human colonies in the modern world depend
on migration and climatic conditions for survival, but the pandemic has created a
backlog in such migration, whether foreign or international. Worst of all, it is
impossible to tell when the situation will resolve.

SUSTAINABLE DEVELOPMENT
Sustainable development as a concept arises from a view that sees the survival of
humanity entirely depending on the health and viability of the Earth’s life support
systems. The word sustainability has its roots in the Latin term "sustinere", which
means to uphold from beneath. Sustainability denotes the process in which the
Earth’s life support systems are protected, and thereby the longevity of human beings
and other species on the planet is ensured. The quality of life in a community,
whether economic or social, is related to a large extent to the concept of
sustainability.
Sustainability in this context should not be equated with sustained growth, as after a
point in time, a community will stop getting larger but will only push to develop new
ways to enhance the quality of life for the citizens. In the simplest terms,
sustainability aims to improve the quality of life of the citizens without continually
increasing the amount of energy and resources used to achieve the same. A
community can be called sustainable if and only if it does not consume resources
faster than the time the natural resources take to regenerate. By this simple definition
of a sustainable community, it can be made clear that, "Mankind as a whole cannot
be called sustainable as we are consuming energy and raw materials faster than
the time it takes for nature to regenerate the same". Such careless and accelerated
consumption of resources would inevitably lead to a very tough life for the coming
generations as there will be a shortage of resources that are needed to sustain life4.
It should not be confused that the word sustain in this context means that things will
never change. On the contrary, it implies that things will change, not only for the
environment but also for living beings. Before making any decisions about changing
the level of consumption of natural resources, we should consider all three factors,
namely the economic, environmental, and societal5.
The paper meticulously deals with the environment and its sustainable growth. Also,
it forms a belief for the reader that cognizance of these issues is necessary to bring
more significant public association, environmental consciousness amongst the mob
for a better future as the researcher looks at the concept of sustainable development
and how its meaning has changed over time, the interplay between economic
development and sustainability, principles of sustainable development well as some
case laws relating to the same.

HISTORICAL DEVELOPMENT OF ENVIRONMENT LAW

4
David Bell, Annie Chueng, Introduction to Sustainable Development, JCAPS
5
John P. Jr., Sustainable Development¸ Water Environment & Technology, 13 (0), (October, 2001)
As we know, The Constitution of India came into force on 26th January 1950.
Initially, the constitution did not contain any specific provisions for environmental
laws or protection. However, specific provisions were assimilated by the Constitution
(Forty Second Amendment) Act, 1976, and subsequent amendments.

SOME OTHER DEFINITIONS:

● "Handling", concerning any substance, means the manufacture, processing,
treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale, transfer, or the like of such substance;6
● "Hazardous substance" means any substance or preparation which, because of
its chemical or Physio-chemical properties or handling, is liable to cause harm
to human beings, other living creatures, plants, microorganism, property, or
the environment; Section 2 of THE ENVIRONMENT (PROTECTION) ACT,
19867
● "Occupier", concerning any factory or premises, means a person who has
control over the affairs of the factory or the premises and includes, about any
substance, the person in possession of the substance;8

WHY DO WE NEED TO PROTECT THE ENVIRONMENT?

The concern for the environment was felt in the modern period after industrial
development when air, water, and soil started degrading and causing severe health
issues. Every country has its provisions for the protection of the environment.
Environmental law depicts the organization, the directions, and standard laws that
address the impacts of human exercise on our atmosphere.
Environmental law helps us preserve our natural resources and focuses on ensuring
that our environment does not suffer because of human activities.

6
Section 2 (d) of THE ENVIRONMENT (PROTECTION) ACT, 1986
7
Section 2 (e) of THE ENVIRONMENT (PROTECTION) ACT, 1986
8
Section 2 (f) of THE ENVIRONMENT (PROTECTION) ACT, 1986
 ● It affects food quality as pollution is one of the most hazardous factors that
affect the environment9.
● It will also benefit the future generation, not only the present generation, from
pollution.
● As we know, we live only by consuming the resources which are provided by
the planet, like oil and coal. So, we need to protect it.
● If we maintain the environment, it may slow down global warming.
● According to the forest service, 20% of the drinking water comes from the
forests. It is the environment that provides an excellent source of water.
● It leads to the availability of food for both plants and animals.
● It encourages better health and promotes economic stability.
● It protects us from various health issues.
● Forests provide raw materials for various consumer products.
● It could prevent soil erosion.

CONFERENCES
In the year 1972, the United Nations conference held in Stockholm invited all the
industrialized and developing nations to deliberate about the health and rights of
humanity to a healthy and productive environment. The rights of humanity include
rights to adequate food, rights to clean drinking water. This conference was a big
turning point in the importance that is given to the rights of citizens at the global level
and became a sort of common ground upon which the developed nations of the
Northern Hemisphere as well as the developing nations of the Southern Hemisphere
could look at the environment and also make a concerted effort towards conserving
the health of the environment. 10It is composed of 26 principles, the most important of
which are the right to protect the environment, the management of natural resources
and renewable or non-renewable resources, pollution control, economic and social

9
https://www.conserve-energy-future.com/reasons-why-we-need-to-be-environmentally-conscious.php

10
https://www.un.org/en/conferences/environment/stockholm1972
development, the establishment of environmental pollution control agencies at the
national level, the prohibition of nuclear weapons, and environmental education.11
In the year 1980, another conference was held that dealt with the conservation of
natural resources and became a progenitor to sustainable development. This strategy
is made to alleviate the suffering and poverty of millions of people. To secure the
future of human beings and other life forms, it would be necessary to preserve the
health of the environment.12
In 1883, the World Commission on Environment and Development was enacted,
and by the following year, the United Nations created an independent body. In 1987,
it came out with a report that reaffirmed the interdependence between the global
economy and the environment. It states that the environment and the social sphere are
not two distinct and separate spheres, but they are interdependent.
In 1997, the Kyoto Protocol to the United Nations Conference on Climate change was
an environment-related treaty. The main focus is to reduce greenhouse gas emissions
like Carbon Dioxide, Methane, etc. 13
In the year 1993, the Commission on Sustainable Development was constituted, and
Agenda 21 was implemented. It is a part of the Earth Summit under the United
Nations Conference on Environment and development. The main goal was to achieve
global sustainable development.
Forest principles is a document under Earth Summit. These are known as Non-
Legally Binding Authoritative Statement of Principles 14for a Global Consensus on
management and conservation and sustainable development of all types of forests.
The United Nations decided to hold a conference for sustainable development in the
year 2012, and the conference was referred to as Rio 20. The conference adopted
three objectives relating to a greener economy and made better arrangements to
achieve the previously decided goals and agreed upon.
11
https://blog.ipleaders.in/major-provisions-in-the-stockholm-declaration/
12
https://www.iucn.org/about/iucn-a-brief-history
13
https://blog.ipleaders.in/kyoto-protocol-agenda-21-rio-declaration/
14
https://byjus.com/free-ias-prep/rio-summit/
ENVIRONMENTAL POLLUTION
Protecting the environment protects humanity. It is our moral duty to protect the
environment from hazardous factors. Environmental pollution is when natural
resources are used detrimentally, and harmful substances are released into the
environment. The Earth is rich in natural resources, but these resources are trapped
beneath the earth, where they remain safe and unharmed until they are extracted and
used, resulting in the release of harmful substances into the environment.

Air pollution, water pollution, climate change, deforestation, wildfires, global

warming, acid rain, etc., are the result of environmental pollution. It is one of the
biggest issues we are facing, and it is getting worse day by day. According to official
records, the climate in the Antarctic Peninsula has warmed by 3°C. Since the 1950s,
there has been a loss of 25,000 km2 of the ice shelf15.

Our generation is the first and maybe the last who can control environmental
pollution. Protection of the environment is crucial for the survival of humanity as
pollution is the biggest detrimental factor affecting the environment. The quality of
food, water, air, etc., is affected due to environmental pollution, which leads to many
health issues.

Further, the protection of forests is a big concern as it plays a great role in balancing
the ecosystem. Humans, as well as wildlife both, depend on forests for survival.
Environmental pollution is the main reason for forest fires, which leads to the release
of carbon dioxide, water vapor, carbon monoxide, particulate matter,
hydrocarbons, etc. Forest fires are of two types. One, which occurs due to natural

15
https://discoveringantarctica.org.uk/challenges/sustainability/impacts-of-climate-
change/#:~:text=Although%20Antarctica%20is%20many%20thousands,contribute%20to%20sea
%20level%20rise
events, the second, which occurs due to the intervention of humans. Here we cannot
prevent natural events but can prevent the second one as the impact caused by
humans. According to environmentalists, 99 percent of forest fires result from human
actions, either on purpose or by accident16.

GLOBAL WARMING
Global warming has been causing trouble for a long time. It is slowly killing the
Earth and has been disturbing biodiversity. Due to the high levels of carbon
emissions, global warming is becoming a severe issue. Many species worldwide have
become extinct, which leads to rising sea levels, natural disasters, and many more.
The Earth's temperature is increasing every year, which leads to the main reason for
climate change.
Protecting the environment has its benefits, and by doing so, we will have better air
quality, better drinking water, fertile soil, which will improve the quality of food
production, and a significant change in our health and life expectancy. Yearly, the
deaths of 1.7 million children under the age of 5 and 4.9 million adults aged 50 to 75
could be prevented through better environmental management17.

SUSTAINABLE DEVELOPMENT
The United Nations define it as "A development which meets the needs of the present
generation without compromising the ability of future generations to meet their own
needs".
It is a concept that should be considered as an important part of the development of
the country. There is a need for sustainable development in India as 10% of the
wildlife is threatened, water bodies are polluted, and lands are degraded.

16
https://www.jagranjosh.com/current-affairs/amazon-rainforest-fire-cause-and-global-impact-
1566462374-1#:~:text=Amazon%20Rainforest%20fire%3A%20Amazon%20rainforest,loss%20of
%20trees%20and%20biodiversit
17
https://www.who.int/news-room/detail/15-03-2016-an-estimated-12-6-million-deaths-each-year-are-
attributable-to-unhealthy-environments
PRINCIPLES OF SUSTAINABLE DEVELOPMENT
The Sustainable Development Act incorporates certain principles that the agencies
and all the departments have to adopt. The very concept of sustainability is based on
the fact that the human community is made up of social and economic systems that
have to function in harmony with the planet's life support systems. To have a healthy
and balanced society, it is important to have a plan that can endure the society into the
future and provide the current members of society with a decent quality of life.
Sustainable development is based and revolves around the following six principles18-
● It was maintaining and enhancing the quality of the life of the members
of the human community. Some of the factors on which the quality of life is
dependent are income, health care, education. The factors on which the
quality of life is determined to have been increasing should keep on increasing
in the coming years as technology has been improving in recent years. While
it is true that no society can provide all the good things for its citizens, efforts
must be made to improve the quality of life as much as possible.
● Enhance local economic vitality. It is necessary to have a viable local
economy that can sustain itself to be sustainable. There are certain factors,
such as providing local job opportunities and sufficient tax and revenue,
which is important to support the government and the local infrastructure. To
improve the local economy, it is necessary to make the resources that
contribute to the economy not be easily disrupted by events that occur either
inside or outside the economy.
● They were promoting social as well as intergenerational equity. A
sustainable community can be created only if all the resources and
opportunities are available to all people without any sort of discrimination or
any special treatment for any group of people. Also, a sustainable community
should reserve the resources and not deplete them entirely.

18
http://en.wikipedia.org/wiki/Sustainable_development
 ● Maintain as well as improve the quality of the environment wherever
possible. A community can only be termed as sustainable if it harmoniously
co-exists with the environment. The community has to play its role in
conserving the environment and making sure that none of the resources is
used more than they are required and should also make sure that the resources
are not wasted. The community should also take steps to reclaim and restore
the resources that have been depleted and ill-treated by the previous
generations.
● Incorporation of disaster resilience and making the disasters that do
occur less severe. A community may be called sustainable if it takes
measures to ensure that natural disasters such as floods, cyclones,
earthquakes, etc., cause as little damage as possible, and the damage that they
do ends as quickly as possible. The community should take responsibility for
improving the conditions of the citizens and should not expect someone from
outside the community to help them concerning this.
● Every member of the community should have a say in the decision-
making process, and there should be a consensus of all in the decision
taken. To make a community sustainable, there should be participation from
all the community members, and all members should be engaged in the
deliberation process before any decision is taken. As a result of involving all
the community members involved in the decision-making process, the
members of the community will feel a sense of togetherness with each other
and take steps to protect the environment.
SUSTAINABLE DEVELOPMENT GOALS
● End poverty everywhere.
● Promote well-being for all people.
● To achieve food security and promote sustainable agriculture.
● Ensure equitable education and further promote learning opportunities19.
● Ensure sustainable management of water and sanitation.
19
https://sdgs.un.org/goals
 ● Promote sustainable economic growth and decent work.
● Ensure access to reliable, sustainable energy.
● Make cities and humans safe and sustainable.
● Take actions to combat climate change.
● Protect, promote and restore sustainable use of terrestrial ecosystems.
● They are sustainably managing forests and combating desertification.
● Ensure sustainable consumption and production patterns.
● Conserve and sustainable use of the oceans and marine resources for
sustainable development.
● Revitalize the global partnership and strengthen the means of implementation
for sustainable development.
● Promote societies for sustainable development.

STEPS TAKEN BY THE INDIAN GOVERNMENT20

● RATIFYING PARIS AGREEMENT
The United Nations Framework Convention on Climate Change successfully
concluded with a universal agreement, i.e. The Paris Agreement, which focuses on
climate justice and sustainable lifestyles.

● CLEAN DEVELOPMENT MECHANISM PROJECTS IN INDIA

These developments project emphasis on fuel switching, energy efficiency, renewable
energy, municipal solid waste, industrial process, and forestry sectors across the
country.

● NATIONAL ADAPTATION FUND FOR CLIMATE CHANGE

This fund has been established to reduce the adverse effects of climate change.

● STATE ACTION PLANS

20
https://www.jagranjosh.com/current-affairs/sustainable-development-and-india-1503408725-1
The State Actions Plan on climate change focuses on benefits in various sectors like
water, agriculture, transport, forestry, and energy.

● NATIONAL CLEAN ENERGY FUND

It is a fund created to promote clean energy initiatives. A coal cess supports this fund.
(It is a form of a carbon tax on coal). This fund also helps in funding research in the
field of clean energy and various other related activities.

ECONOMY AND THE ENVIRONMENT

It is not news that not all countries have the same number of natural resources, as
some have naturally fertile lands, others have more water bodies, and so on. Some
countries have more mineral deposits while some countries have less. These
differences in how much resources are available in a country to make a huge
difference in the speed of development that takes place within a country 21. However,
with the advancement in technology, development cannot entirely be equated to the
speed of development for a country. For example, the country of Japan does not have
an abundance of natural resources, but because of accelerated technological
development, it is using the natural resources available to it in a better way.
The natural resources in a country largely contribute to economic development. The
following are some of how it does contribute:
● The simplest way is the direct contribution of natural resources to economic
development by providing water, raw materials, minerals, etc.
● The second way is the indirect contribution that is made by natural resources
to economic development, such as nutrient cycling, carbon sequestration, etc.

21
Shyam Divan, Armin Rosencranz, Environmental Law and Policy in India, (Oxford University
Press,
New Delhi, 5th ed., 2004)
Therefore, natural resources should be looked at as vital for economic growth as well
as for the development of a country. However, the relationship between them remains
complex. Several factors contribute to this, including the size of the economy and the
composition of the economy.
Many natural resources are becoming scarce and under pressure, because it is
impossible to produce energy from environmental resources. If we want to produce
energy from natural resources, we have to consume them in a sustainable manner,
which means giving the resources enough time to recover and build back up. This can
only be done if we are efficient in the way, we consume natural resources and also a
different advanced technology has to be developed which would enable us to match
our consumption levels without it becoming a burden on the environmental
resources22.
Various types of capital are involved in the economic growth of a nation. The
following are some of them-
● The capital which is produced, such as buildings, roads, etc.
● The capital that comes from human beings, i.e., human capital such as
knowledge, innovation, etc.
● The capital that comes from natural resources, i.e., natural capital such as the
raw material which is extracted from the Earth’s resources, etc.
● The capital comes from the ties between the communities, i.e., social capital.
Out of all these different types of capital, natural capital has the most distinct
properties because it is not everlasting. The elements of the natural capital have a
threshold limit, and if we surpass that limit, hazardous changes in the environment
may occur, which threaten all life forms. Another way in which natural capital is
different from the other types of capital is because sources from which natural capital
comes, i.e., natural resources which have finite limits and the changes that are being
made to the natural resources, have the potential of becoming irreversible. These are
the primary reasons why natural capital should be used in a very efficient and careful
manner.
22
Gurdip Singh, Environmental Law in India, (MacMillan India Ltd., Delhi, 1st Edn., 2005)
The process by which the capital is formed is also essential for a community's
economic growth. If a community chooses to reduce the amount of natural capital and
uses it for its economic growth, then such changes should be reflected in the
environment. The community that is choosing to reduce the consumption of natural
resources must take into account the rising depletion of natural resources.
Each community should devise an environmental policy to manage and allocate the
use of each natural resource for an activity. This would inevitably improve the well-
being of the environment and ensure the longevity of living beings.

STEPS TAKEN BY THE GOVERNMENT

India is the biggest democratic as well as a developing country that understands the
importance of environmental protection. India has some of the rarest flora and fauna,
which needs to be protected, otherwise, it may become extinct as some have already
due to various environmental issues seen in previous years.
Between 1998-2017, 10 out of the 14 extreme weather-related disasters hit the
country, such as floods, causing economic damage of approximately US $45 billion,
killing over 27,000 people and affecting more than 370 million people23.
CLIMATE CHANGE
Many governments have provided green signals to environmental law amendments
that are harmful to nature. The acts are immoral and irresponsible because they would
exacerbate the negative consequences of environmental degradation. Where the entire
planet is suffering from a pandemic, COVID-19 has shown the importance of a
healthy, clean, and sustainable atmosphere and living conditions at this time.

23
https://www.acclimatise.uk.com/2019/09/03/from-droughts-to-floods-the-cost-of-climate-change-
for-india-continues-to-mount/#: ~: text=India% 20faces% 20high% 20exposure% 20to, weather%
20events% 20in% 20the% 20world% 20in% 20the% 20world% 20in% 20the% 20world% 20in%
20the% 20world% 20in% 20the% 20world% 20in% 20the& text=Storms% 2C% 20landslides% 20%
20extreme% 20temperatures% 20% 20are% 20part% 20of% 20India's% 20vulnerability% 20.
It has been established that the nature of the atmosphere has a direct relationship.
COVID-19 causes a 15% rise in premature death in high-pollution areas compared to
low-pollution areas. In the same way, contaminated water is more difficult to
contaminate. Scientists have discovered a connection between the spread of these
viruses and the types of vulnerable societies. They found that these diseases appear
and propagate three times as often in zoonotic sites. Scientists have cited continued
deforestation, industrial agriculture, illicit wildlife trade, climate change, and other
activities as sources of concern.
Oil, coal, petrochemicals, and other polluting industries in the United States are
pressuring the government to relax regulations that oversee and limit their ability to
pollute the air and water. Their demands include a waiver of the firm’s legal
obligations to track emissions levels and disclose data to regulators and other bodies.
A Mercury and Air Toxic Standards (MATS) waiver has been finalized in the
United States of America. Every year, these guidelines save over 10,000 lives and
prevent 130,000 asthma attacks. The standards that limited the emission of more than
80 hazardous and toxic air contaminants from the coal-fired power plant were
eliminated. This move is important right now because we have already seen the
effects of poor air quality on coronavirus patients. This action is a disgrace to the
American people.

ENVIRONMENTAL MOVEMENTS
A movement can be termed as a social, green, or conservation movement for
improvement or protection of the environment 24. By changing public policies, the
environmental movements focus on the management of natural resources, human
rights, and ecology.
MAJOR MOVEMENTS IN INDIA:25
24
https://www.jagranjosh.com/general-knowledge/a-brief-history-of-the-environmental-movements-
in-india-1518523870-1
25
https://www.clearias.com/environmental-movements-in-india/
 ● BISHNOI MOVEMENT
This movement started in the year 1700 by Sage Sombaji against deforestation. A
place named Khejarli in the state of Rajasthan. One of the ladies named "Amrita
Devi" wants to save the sacred trees in the village, which the King's Soldiers were
cutting down for a palace. Bishnoi is a religious sect founded by Guru Maharaja
Jambaji based on a principle that forbids harming animals and trees. Amrita Devi
protested with the Bishnoi Community against this, and during the protest, 363
people from the Bishnoi community were killed. When the King of this region came
to know about the protest, he ordered them to stop the protest and declared the region
as a protected area.

● CHIPKO MOVEMENT
This movement was started in Chamoli district and later in District Tehri Garhwal in
1973. The main objective was to prevent the illegal cutting of trees and protect the
trees in Uttarakhand. Some leaders of this movement, such as Sunderlal Bahuguna,
Gaura Devi, told the villagers about the importance of trees. The main highlight of
this movement was that the Women of Tehri Garhwal were also involved in the
protest, and they hugged the trees and, due to this, this is also known as the Hug the
tree movement.
● SAVE SILENT VALLEY MOVEMENT
It is an evergreen forest in Palakkad District in Kerala. The main aim was to protect
the Silent Valley from the hydroelectricity project. One of the projects was named
Hydroelectric, which was set up across the Kunthipuzha River, which runs through
the silent valley. Various NGOs opposed this project. Due to public pressure, the
Indira Gandhi government declared that the valley would be protected as a national
reserve forest in 1985.

● JUNGLE BACHAO ANDOLAN

This movement is also called the "Green Game Political Populism". The Community
of Singhbhum in Jharkhand protested against the policy of the government in 1982.
According to the policy, the government wanted to replace the natural soil and forests
with highly-priced teak.

● APPIKO MOVEMENT
The word "Appiko" means expressing affection towards the tree. Pandurang Hegde
started this movement in 1983. The main objective was conservation and proper
utilization of forests or to promote afforestation on denuded lands as the contractors
of the forest department cut down the trees.

● NARMADA BACHAO MOVEMENT

Many environmentalists started to protest against the production of hydroelectricity
that is known as Narmada Bachao Andolan. Narmada River, which flows through the
states of Gujarat, Madhya Pradesh, and Maharashtra. This movement was started in
1985 to preserve the environment and ecosystems of the valley. However, the protest
was started because no rehabilitation was provided for the people who were displaced
as a result of the construction of the Sardar dam.

● TEHRI DAM CONFLICT

Local people started this movement in the year 1990. A dam was built, which,
according to the people, causes the submergence of the forest areas as well as the
tehri. This protest was mainly against the environmental consequences of the weak
ecosystem.

AMENDMENT RULES FOR THE ENVIRONMENT (PROTECTION), 2020.

India has one of the highest rates of coronavirus infection in any country on the
planet. On February 3rd, 2020, the Ministry of Environment, Forest, and Climate
Change (MoEF) released a draught of amendments to the Environment Protection
Act, 1986 through the Environment (Protection) Amendment Rules, 2020. The
amendment to India's environment law can be linked to COVID-19 since it will affect
Indian people directly or indirectly.
The laws and acts are in place to protect the world, as the titles say, and there will be
no violations. The truth is that, although the items mentioned above are being
realized, their essence has been altered. Laws and standards have been relaxed to the
point where even environmental severe pollution is not considered a violation of the
law.
In two stages, the strategy will be enforced. The backlog of infringement proceedings
would be exempted from legal review in the first amendment to the rules. In the
second step, the EPA will be presented with a bill that could significantly improve
environmental violation standards. New projects may emerge as a result of this, and
they may begin to function without delay.
On March 14, 2020, the ministry released a notification allowing companies to begin
a six-month project and receive environmental violation clearance after that period.
This whole move goes against the EPA's core mission. The ministry has submitted
207 applications for terms of reference (ToR) and 98 applications for environmental
clearance in just three months since the announcement. According to the ministry's
review of the applications obtained, 69 percent of the applications are for mining
ventures, while 15 percent are for construction and building, with more to come.

LEGISLATIONS RELATED TO ENVIRONMENT LAW IN INDIA

Even though the majority of the environment's constituents, such as land, water, and
timberlands, are under state jurisdiction, the Union government has passed Acts to
protect the environment from corruption and devastation, which obligate the Union to
pass enactment on things said within the State list if two or more states request it.

The first-ever environmental laws were the Bengal Gas Nuisance Act of 1905 and
Bombay Gas Nuisance 1912 to control the depletion of air quality. In the same year,
the Wild Birds and Animal Protection Act and the protection of interstate rivers
The River Board Act were also enacted in 1956. The Insecticide Act (1968) was
enacted to govern the manufacture, sale, importation, transportation, and
distribution of insecticides that protect human and animal health.

● Indian Constitution
Article 21-Right to life includes the right to live in a decent and clean environment.
Article 48-Of the constitution states that the state shall endeavor to protect and
improve the environment and safeguard the country's forests and wildlife.
Article 51 A (g)-It is the fundamental duty to protect and improve the natural
environment, including forests, wildlife, rivers, and lakes, or also to have compassion
for living creatures.

● The Wildlife Protection act 1972

The Indian Parliament passed it to protect animals and plants that are not
domesticated or protection of India’s wildlife, both territorial and aquatic, including
habitats. This Act prohibits the hunting of animals except with the permission of
authorized officers. Three major amendments were made in 1982 (it allows the
capture and transportation of wild animals for scientific or management purposes),
1991 (it inserted provisions relating to the protection of some specific plants and
Regulation of Zoo or recognize the needs of tribal and forest dwellers), and 2002 (it
inserted a new chapter 6 A which talks about forfeiture of properties derived from
ille.
● The Forest Conservation Act 1980
The main objectives behind this are the protection and conservation of forests. This
Act also restricts forest land use for non –forest purposes or to prevent the cutting
down of natural-grown trees. Two amendments were made in 1988 (it is prohibited to
grant leases of forest land to any person) and 1992 (it prohibits the cultivation of tea,
rubber, coffee, and species, and activities such as mining unless the Central
Government grants permission).
 ● National Forest Policy 1980
It prohibits all the state governments from declaring any forest land as non – reserved.

● The Air (Prevention and Control of Pollution) Act, 1981

These Acts provide for tackling pollution by prohibiting the use of polluting.
Substances also provide for the prevention and abatement of air pollution. Various
boards have been constituted at the center and state levels for control of air pollution.

● The Water (Prevention and Control of Pollution) Act, 1974

This Act prohibits the discharge of pollutants into the water beyond the standard fixed
or maintaining the wholesomeness of water in the country. This Act has a provision
to establish a Central Pollution Control Board to fix water pollution standards.

● The Environment Protection Act 198626

It lays down the system of adequate response to the circumstances which are harmful
to the environment. The main aim is to improve and protect the environment. The
Central government is also empowered to take steps or to fix the standards for
emissions. If any person contravenes the provisions, the penalty is enshrined,

● The National Green Tribunal Act 201027

This Act is enacted by repealing the previous Act named "The National Environment
Tribunal Act 1995 and National Environment Appellate Authority Act 1997. The
main goal is to expedite the resolution of cases involving environmental protection or
conservation of natural resources and other distinctive assets and provide relief and
compensation to individuals who have suffered losses as a result of environmental
issues.

26
https://www.mondaq.com/india/waste-management/624836/environment-laws-in-india
27
http://www.businessworld.in/article/Major-Environmental-Laws-Of-India/09-09-2017-125737/
 ● The Biological Diversity Act 2002 focuses on the conservation of biological
resources. The objectives are enshrined in the act based on the United Nations
Convention on Biological Diversity (1992).
● Hazardous Waste Management Regulations
There are many rules made for the proper disposal of waste and management of
hazardous waste. Hazardous waste majorly includes toxic, flammable, explosive
waste, which is dangerous to the health of humans and the environment. It also
ensured proper waste management so that it did not have any negative effects on
human health. Because the disposal of various materials like radioactive substances,
e-waste, surgical equipment, and chemical wastes from industries is a great concern
for all countries. The environmental laws ensure proper disposal techniques. Without
laws, it is impossible to protect the environment from such dangerous and lethal
emissions into water, air, and soil by factories.

● Coastal Zone Management Regulation Act 2010

The main objective of this notification was to prevent deterioration and bring within
the legal framework the protection of coasts and other water bodies under the Coastal
Regulation Zone. The Ministry of Environment issued the same notification in 2011
to protect traditional fisherfolk communities livelihoods, preserve coastal ecology,
and promote economic activities that must be located in coastal regions.
● National Environment Policy (2006)
In 2006, the National Environment Policy (NEP), which the Ministry of Environment
and forests formulated, kept an eye on environmental issues and made strategies and
ways to control the pollution and threats to the air quality, water bodies, etc.

WHAT IS THE ROLE OF THE JUDICIARY IN ENVIRONMENT-RELATED

ISSUES (SOME IMPORTANT LANDMARK JUDGMENTS)?
How the courts in a country understand humanity's relationship with the environment
and play a crucial role in how the policies are devised and resources should be used.
 ● In a landmark case, the Supreme Court held that in instances where the
Government of a State is making attempts to balance the needs of the
environment with the economic development of the State, it should not be
proper for any authority, whether public or private, to prevent the Government
from doing the same. However, if such a prohibition occurs, the ‘protective
principles and the principle of ‘making the polluter pay should be applied28.
● In another landmark case, the Apex court held that wherever there is a
violation of the principle of careful use and conservation of natural resources
by any of the industries or factories or wherever there is a violation of the
same through any legislation, the wrongdoers shall be punished29.
● In one landmark case, some of the industries were producing chemicals like
Oleum and Sludge Phosphate, which caused damage to nearby villages. The
Supreme Court ruled that they are liable for the damages under the Polluter
Pays principle, i.e., the responsibility for repairing the damage30.
● In yet another landmark case, the court prohibited a company from exporting
certain items that were found to violate the Wildlife (Protection) Act, 1972, as
it was against the principle of conservation of wildlife and natural resources.
● In another case, the Court held that the forest land which is leased in this case
is situated at the Bank of River Beas. This area is fragile which should not be
converted into private ownership. The Court quashed the lease and ordered
them to pay compensation for restitution of the environment and ecology of
the area31.

28
A.P. Pollution Control Board v. M.V. Naidu, (1999) 2 SCC 718

29
A.J. Jagannath v. Union of India, (1997) 2 SCC 87
30
Indian Council for Enviro-Legal action v Union of India (1996) 3 SCC 212

31
M.C. Mehta vs. Kamal Nath (1996)
 ● In another case, the Court highlighted the various provisions of the Water and
Air Act and the Indian Constitution. No effective steps were taken to prevent
the discharge of effluents into the Ganga river 32(Ganga Pollution Case).
● In this case, The Apex Court held that the right to get pollution-free water and
the air is a right under article 21. Public Health and Ecology are held to be
priorities under Article 21 of the Indian Constitution33.
● In a landmark case, the Apex Court elucidated the precautionary principle in
the country's environmental law and laid down some principles. The
following are some of the same:
● It is the very responsibility of the State authorities to anticipate what activities
are capable of causing environmental degradation and should move to prevent
the same.
● If the State authorities feel that one such activity is capable of causing harm to
the environment, but it does not have the requisite scientific knowledge to
prove the same, this fact should not stand in the way of the authorities
preventing the activity.
● The onus on proving that any activity is not harmful to the environment
should lie on the person undertaking the activity.
● In Another judgment of the Supreme Court34, the River Palar was the main
source for drinking and bathing for the people nearby. A petition was filed
against the pollution caused to the river due to the discharge of effluents by
the industries in Tamil Nadu in the form of Public Interest litigation under
Article 32 of the Indian constitution. This is the judgment in which the Court
analyzed the relationship between the environment and development35.

32
M.C. Mehta vs Union of India (1988)

33
Subhash Kumar vs State of Bihar (1991)

34
https://www.lawnn.com/vellore-citizens-welfare-forum-versus-union-india/
35
Vellore Citizens Welfare Forum v. Union of India, AIR (1996) SC 2715: (1996) 5 SCC 647
 ● Quarrying was carried out in the Mussoorie hills in the Dehradun Valley
Litigation case36. Due to lack of vegetation, landslides occurred, which
damaged the villagers’ homes, cattle, and agricultural land. After this, the
Supreme Court held that pollution is caused by quarrying, which affects the
health and safety of the people. Also, the right to a wholesome environment is
guaranteed under Article 21 of the Indian Constitution.
● In the Ratlam Case37Residents of the municipality of Ratlam in the state of
Madhya Pradesh filed a complaint about pollution caused by alcohol plants or
the area's failure to construct proper drains, as well as the stench or sink
caused by slum dwellers. The Supreme Court ordered water supply and held
that the pollution-free environment is an integral part of the right to life under
Article 21 of the Indian constitution.

India already has so many acts and laws to protect the environment, but many
problems need a lot of effort to solve.
● Common people are not well aware of the laws.
● The control mechanism is inefficient, and its implementation is also poor.
● The penalties and restrictions are not hard for industries for discharging
effluents into the water bodies and ground, which results in pollution.
● The state government is restricted as it has to take permission from the central
government for every step it takes.
● Lack of funds is another major issue.

CONCLUSION

36
Rural Litigation and Entitlement Kendra Dehradun &Ors. Vs. State of UP & Ors., 1985 AIR 652,
1985 SCR (3) 169
37
Municipal Council, Ratlam to ShriVardhan and Others, 1980 AIR 1622, 1981 SCR (1) 97
Environmental protection in India is not a new practice. Nature has always been
respected and worshipped from ancient ages. It is because our ancestors realized the
importance of the environment. The health of the environment has a direct link to
human health. However, in today's era, worshipping and respecting nature is not
enough to protect the environment as the ways of exploitation have increased by
many means, like industrialization, agriculture, etc. The environment word means the
biological and physical surroundings of a human being. It determines his health and
way of life along with his economic activities. It consists of air, water, soil, and all
other living and non-living entities.
Environmental law sounds like a complicated foundation of approaches and methods,
but the truth is that anybody can learn more around it and end up included with the
correct instruction. As previously stated, the natural science industry is rapidly
expanding, with job openings expanding as more people become aware of the
situation. This work steadiness, brought on by the reality that we are proceeding to
contaminate the world, is precisely why high school understudies ought to be
considering natural science as their field of pondering. It is current, ever-changing,
and inconceivably vital to human life.

Sustainable development means the optimization of the currently available natural

resources to meet the current requirements and has sufficient remaining for the future
generations not to jeopardize their future. The concept of sustainable development
implies that natural resources are consumed not to diminish them or threaten their
depletion.
In recent years, there has been a push to recognize the rights of the environment as
well, which is essential as we have a very delicate and, in a way, everlasting
relationship with the environment. The environment provides us with resources that
cannot be provided for use from elsewhere, and therefore the conservation of the
environment is essential.
Some of the recommendations I want to make which would assist in the conservation
of the environment are the following-
 1. The developed, as well as the developing nations, should come together to
assist each other in playing equal roles in conserving the environment.
2. There should be a reduction in land privatization, which would reduce the
activities that take place on it that are harmful to the environment.
3. All nations must come together to discuss the issue of overpopulation.
4. To inform the nation about environmental-related issues which cause severe
effects on human health through media and campaigns.
5. Laws should be appropriately implemented.
6. The Government should make proper provisions from time to time.

REFERENCES
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[4] David Bell, Annie Chueng, Introduction to Sustainable Development, JCAPS

[5] John P. Jr., Sustainable Development¸ Water Environment & Technology, 13 (0),
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[6] Section 2 (d) of THE ENVIRONMENT (PROTECTION) ACT, 1986
[7] Section 2 (e) of THE ENVIRONMENT (PROTECTION) ACT, 1986
[8] Section 2 (f) of THE ENVIRONMENT (PROTECTION) ACT, 1986
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[10] https://www.un.org/en/conferences/environment/stockholm1972
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[17] https://www.who.int/news-room/detail/15-03-2016-an-estimated-12-6-million-
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[27] http://www.businessworld.in/article/Major-Environmental-Laws-Of-India/09-
09-2017-125737/
[28] A.P. Pollution Control Board v. M.V. Naidu, (1999) 2 SCC 718
[29] A.J. Jagannath v. Union of India, (1997) 2 SCC 87
[30] Indian Council for Enviro-Legal action v Union of India (1996) 3 SCC 212
[31] M.C. Mehta vs. Kamal Nath (1996)
[32] M.C. Mehta vs Union of India (1988)
[33] Subhash Kumar vs State of Bihar (1991)
[34] https://www.lawnn.com/vellore-citizens-welfare-forum-versus-union-india/
[35] Vellore Citizens Welfare Forum v. Union of India, AIR (1996) SC 2715: (1996)
5 SCC 647
[36] Rural Litigation and Entitlement Kendra Dehradun &Ors. Vs. State of UP &
Ors., 1985 AIR 652, 1985 SCR (3) 169
[37] Municipal Council, Ratlam to ShriVardhan and Others, 1980 AIR 1622, 1981
SCR (1) 97