In 1968-1969, the General Assembly, by Resolutions 2398 and 2581 decided to conduct

the conference. The Stockholm Convention was held in Sweden from June 5-16, 1972. The
object behind this convention was to “create a basis for comprehensive consideration
within the United Nations of the problems of the human environment,” and to “focus the
attention of Governments and public opinion in various countries on the importance of the
problem.”

At the end of the convention 26 principles were adopted and declared by the participating
states. This is known as the Magna Carta of the human environment.

Before Brundtland
Ten years after the 1972 United Nations Conference on the Human Environment, a number
of global environmental challenges had not been adequately addressed.
The Brundtland Commission, formerly the World Commission on Environment and
Development, was a sub-organization of the United Nations (UN) that aimed to unite
countries in pursuit of sustainable development. appointed Gro Harlem Brundtland,
former Prime Minister of Norway, as chairperson of the commission. Brundtland was
chosen due to her strong background in the sciences and public health.

This commission gave the strong definition of sustainable development to the world and
that it has three pillars to make a strong environment.

The use of the term strict liability has been questioned by the lawyers because it
was made redundant in India by the Supreme Court in 1987.

Background

 The Supreme Court, in the M.C. Mehta vs Union of India 1987, found strict
liability principle inadequate to protect citizens’ rights and replaced it with the
absolute liability principle.

 This judgement came on the Oleum gas leak case of Delhi in 1986.

o Oleum gas leaked from a fertiliser plant of Shriram Food and

Fertilisers Ltd. complex at Delhi, causing damages to several
people.

o Oleum or fuming sulfuric acid refers to solutions of various

compositions of sulfur trioxide in sulfuric acid or sometimes more
specifically to disulfuric acid (also known as pyrosulfuric acid).

 The court found that strict liability which was evolved in an English case
called Rylands versus Fletcher, 1868, provided companies with several
exemptions from assuming liability.
  Absolute liability, on the other hand, provides them with no defence or
exemptions and is part of Article 21 (Right to Life).

o Article 21 declares that no person shall be deprived of his life or

personal liberty except according to procedure established by law.
This right is available to both citizens and non-citizens.

 The court wanted corporations to be made fully liable for future undeserved
suffering of innocent citizens and held that a hazardous enterprise has
an absolute non-delegable duty to the community.

Polluter Pays Principle

The ‘polluter pay’ principle essentially holds the polluter liable for the pollution caused to
the environment. The polluter is liable for every damage caused to the environment. So
according to the ‘polluter pay principle’, the polluter has to not only compensate the victims
of pollution but also compensate for the restoration of environmental degradation.
Therefore, the polluter bears the cost of health hazard caused to the public as well as the
cost of restoration of the environment. In other words, the costs of the measures should
reflect on the cost of the goods and services, the production and/or consumption of which
led to pollution.

In India, the ‘polluter pays principle’ was for the first time applied and defined in the 1996
case of Indian Council of Enviro-Legal Action vs Union of India. In this case, Justice Dalveer
Bhandari determined that reversing the imbalance caused to the ecology is the part and
parcel of the industrial process. Thus, the financial responsibility of taking prevention and
controlling measures for the pollution caused should rest upon the industry which caused
pollution. The financial burden cannot be shifted to the shoulders of the government
neither in preventing nor in correcting the dent.

The Taj Trapezium Case/ M.C. Mehta vs Union of India and Ors, 1996

The sulphurdioxide emitted by the Mathura Refinery and the industries when combined
with Oxygen - with the aid of moisture - in the atmosphere forms sulphuric acid called
"Acid rain" which has a corroding effect on the gleaming white marble. The apex court
reiterated the ‘polluter pays principle’ and emphasized the need of application of the
principle. The yellowing and decaying of the priceless national monument, the Taj Mahal,
was a matter of concern in this case. According to the report of the National Environment
Engineering Report Institute and Varadarajan Committee in 1990 and 1995 respectively, the
foundries, chemical industry and Mathura refineries were the major polluters of the Taj
Mahal. The court ordered the industries to switch to gas from fuel or shift their location of
work. The industries which did not comply with orders, those industries were shut down
unconditionally. Justice Kuldeep Singh added a new dimension to the ‘polluter pays
principle’. He stated that the workers of the industries should suffer as a result of closure or
shifting of location. The workers were ought to be given compensatory benefits in the form
of residential accommodation, continuity of their job till the industry restart etc. Since then
the courts have time and again have emphasized that the rights and duties of the workers
cannot be compromised with. This incident was a watershed in the history of environmental
law management.

Precautionary Principle

The precautionary principle requires that, if there is a strong suspicion that a certain activity
may have environmentally harmful consequences, it is better to control that activity now
rather than to wait for incontrovertible scientific evidence.

The Precautionary Principle shifts the burden of proof on the shoulders of the person who is
arguing that the activity he is carrying out is not harmful. The principle follows the approach
of being safe than being sorry. This principle is in contrast to the wait-and-watch approach
which is generally followed in environmental issues.

The "Precautionary Principle" -- in the context of the municipal law - means:

(i) Environmental measures - by the State Government and the statutory authorities - must
anticipate, prevent and attack the causes of environmental degradation.
(ii) Where there are threats of serious and irreversible damage, lack of scientific certainty
should not be used as a reason for postponing measures to prevent environmental
degradation
(iii) The "Onus of proof" is on the actor or the developer/industrialist to show that his action
is environmentally benign.

Earth Summit (1992)/ The United Nations Conference on Environment And Development
(UNCED)

The United Nations Conference on Environment and Development (UNCED), popularly

known as Earth Summit, was held in June, 1992 at Rio de Janeiro wherein more than 150
governments participated. This was the largest UN conference ever held and it put the
world on a path of sustainable development which aim at meeting the needs of the present
without compromising the ability of future generations to meet their own needs. The Earth
Summit was inspired and guided by a remarkable document of 1987. i.e., Brundtland
report. The Earth Summit forced the people worldwide to re-think how their lives affect
natural environment and resources and to confront a new environment that determines the
surroundings in which they live.

Some of the major achievements of Earth Summit lie in the form of following documents
which it produced :

1. The Rio Declaration on Environment and Development: A series of principles defining

the rights and responsibilities of States in this area. It has 27 principles.

2. Agenda 21: A comprehensive blue print for global actions to affect the transition to
sustainable development.

3. Forest Principles: A set of principles to support the sustainable management of forests

worldwide.

4. Two legally binding conventions, i.e. The Convention on Climate Change and
Convention on Biodiversity, which are aimed at preventing global climate change and the
eradication of biologically diverse species. These conventions were signed by
representatives of more than 150 countries.

Agenda 21

Agenda 21 is a dynamic programme. It is a voluntary action plan. It is called as Agenda 21

because it is a comprehensive blue-print for local, national, regional and global actions to
affect the transition to sustainable development in the 21st century.

Agenda 21 is "a comprehensive and far-reaching programme for sustainable development

and it constitutes international co-operation and co-ordination within the United Nations
system for many years to come.

Agenda 21 is a comprehensive document which is divided into following four sections.

Section 1-Social and Economic : Dimensions.-

Section II-Conservation and Management of Resources for Development.
Section III-Strengthening the Role of Major Groups.-
Section IV-Means of implementation –

In Agenda 21 there is hardly any guidance on how its recommendations should actually be
implemented. However, Agenda 21, in spite of its shortcomings, provides the post-Rio world
with a starting point. It also embodies the important theme that concerted action and
shared responsibility by developed and developing nations are crucial in addressing the
linkage between development and environment.

(3) Forest Principles:- They are set of non-legally binding authoritative principles to support
the sustainable management of forests worldwide. Forests play a very important role in
development as well as in preserving the ecology.

(4) Conventions on Climate Change and Biodiversity

The world community at Rio Conference showed unanimity on two aspects, i.e., to prevent
global climate change and eradication of biologically diverse species. Accordingly, two
legally binding Conventions, Le, the "Convention on Climate Change" and "Convention on
Biodiversity" were signed by the representatives of more than 150 counties. The first
Convention on climate change requires the States to take steps to reduce their emissions of
gases believed to contribute to global warming.

Intergovernmental Panel on Climate Change: The IPCC is a scientific intergovernmental

body set up by the Work Meteorological Organization (WMO) and by the United Nations
Environment Programme (UNEP). Its role is to assess on a comprehensive, objective, open
and transparent basis the latest scientific, technical and socio-economic literature produced
world-wide relevant to the understanding of the risk of human-induced climate change, its
observed and projected impacts and options for adaptation and mitigation.

The findings of the first IPCC Assessment Report of 1990 played a decisive role in leading to
the United Nations Framework Convention on Climate Change (UNFCCC), which was opened
for signature in the Rio de Janeiro Summit in 1992 and entered into force in 1994. It
provides the overall policy framework for addressing the climate change issue.

The stated aims of the IPCC are to assess scientific information relevant to:

1. human-induced climate change, the impacts of human-induced climate change, options

for adaptation and mitigation.

What is the Assessment Report of IPCC?

 The Assessment Reports, the first of which had come out in 1990, are the
most comprehensive evaluations of the state of the earth’s climate.

o Every few years (about 6-7 years), the IPCC produces assessment
reports.

 Hundreds of experts go through every available piece of relevant, published

scientific information to prepare a common understanding of the changing
climate.
  The four subsequent assessment reports, each thousands of pages long, came
out in 1995, 2001, 2007 and 2015. These have formed the basis of the global
response to climate change.

 Over the years, each assessment report has built on the work of the previous
ones, adding more evidence, information and data.

 The Assessment Reports include the following:-

o Working Group-I - Deals with the scientific basis for climate

change.

o Working Group-II - Looks at the likely impacts, vulnerabilities and

adaptation issues.

o Working Group-III - Deals with actions that can be taken to

combat climate change.

o Task Force, which carry out scientific work.

First Assessment Report:- The IPCC first assessment report was completed in 1990, and
served as the basis of the United Nations Framework Convention on Climate Change
(UNFCCC).

Main issues were, increasing the atmospheric concentrations of the greenhouse gases,
resulting on average in an additional warming of the Earth's surface. They calculate with
confidence that CO₂ has been responsible for over half the enhanced greenhouse effect.

Second Assessment Report:- It is split into four parts:

 A synthesis to help to interpret UNFCCC article

 The Science of Climate Change (WG 1)
 Impacts, Adaptations and Mitigation of Climate Change (WG II)
 Economic and Social Dimensions of Climate Change (WG III)

The major conclusions were :

1. Greenhouse gas concentrations have continued to increase.

2. Anthropogenic aerosols tend to produce negative radiative forcings.
3. Climate has changed over the past century.
4. The balance of evidence suggests a discernible human influence on global climate.
5. Climate is expected to continue to change in the future.
Taken together, these results point towards a human influence on global climate."

Third Assessment Report:- Conclusions:-

1. An increasing body of observations gives a collective picture of a warming world and
other changes in the climate system.

2. Emissions of greenhouse gases and aerosols due to human activities continue to alter the
atmosphere in ways that are expected to affect the climate.

3. Confidence in the ability of models to project future climate has increased.

4. There is new and stronger evidence that most of the warming observed over the past 50
years is attributable to human activities.

5. Human influences will continue to change atmospheric composition throughout the 21st
century.

6. Global average temperature and sea level are projected to rise.

Fourth Assessment Report:- The Fourth Assessment Report (AR4) was completed in early
2007. Like previous assessment reports, it consists of four reports, three of them from its
working groups.

The key conclusions of the SPM were that:

• Warming of the climate system is unequivocal.

• Most of the observed increase in globally averaged temperatures since the mid-20th
century is very likely due to the observed increase in anthropogenic (human) greenhouse
gas concentrations.

• Anthropogenic warming and sea level rise would continue for centuries due to the
timescales associated with climate processes feedbacks, even if greenhouse gas
concentrations were to be stabilized although the likely amount of temperature and sea
level rise varies greatly depending on the fossil intensity of human activity during the next
century. And that :

1. Sea levels will probably rise by 18 to 59 cm (7.08 to 23.22 in).

2. There is a confidence level >90% that there will be more frequent warm spells, heat
waves and heavy rainfall.

3. There is a confidence level >66% that there will be an increase in droughts, tropical
cyclones and extreme high tides.

Both past and future anthropogenic carbon dioxide emissions will continue to contribute to
warming and sea level rise for more than a millennium.

Global atmospheric concentrations of carbon dioxide, methane, and nitrous oxide have
increased markedly as a result of human activities since 1750 and now far exceed pre-
industrial values over the past 650,000 years. 35
Fifth Assessment Report (AR5):- The atmosphere and ocean have warmed, the amounts of
snow and ice have diminished, sea level has risen, and the concentrations of greenhouse
gases have increased. It is extremely likely that human influence has been the dominant
cause of the observed warming since the mid-20th century.

 Due to global warming, the global temperature is rising which is leading to adverse
climate change ultimately. Greenhouse gases such as methane, nitrous dioxide and
carbon dioxide are responsible for global warming and carbon dioxide is one of the
major contributor.
 The continuous warming of climate will increase the frequency and severity of
several extreme events such as a change in rainfall, the risk for human life, and will
affect livelihoods, coastal settlements, infrastructure, ecosystems and economic
stability in low-lying coastal areas.
 The average increase in the temperature of the Earth’s surface has been 0.85
degrees Centigrade (°C). The global shoot up of temperature has induced changes in
rainfall pattern which is ultimately altering freshwater systems, affecting the quality
and quantity of water availability.
 The excess amount of the energy (30%) is retained by the ocean which is ultimately
resulting in ocean warming, acidification and rise in sea level due to melting of ice
and snow in the Arctic region.
 It is evident from the report that species and ecosystem have been adversely
affected by greenhouse gases, the productivity and nutrient percentage have fallen
down to great extent.
 The climate change is going to increase the cost of living as it will increase the heat
days and problem dengue, malaria will persist a lot, and there will a significant
increase in human life loss.
 This was the foundation of UNFCCC’s Paris Agreement.

6th Assessment

Recently, the United Nations’ climate science body, the Intergovernmental Panel on
Climate Change (IPCC) published the third part of its Sixth Assessment Report (AR6).

 The first part of this report, on the physical science of climate change was
published in 2021. It had warned that 1.5 degree Celsius warming was likely to
be achieved before 2040 itself.

 This second part of the report was published in March 2022 which
was about climate change impacts, risks and vulnerabilities, and adaptation
options.

What are the Key Findings of the Report?

  Green House Gas Emissions:

o In 2019, global net anthropogenic Greenhouse gas (GHG) emissions were

at 59 Gigatonnes of carbon dioxide equivalent (GtCO 2e), 54% higher than
in 1990.

 Net emissions refer to emissions accounted for after deducting

emissions soaked up by the world’s forests and oceans.

 Anthropogenic emissions refer to emissions that originate from human-

driven activities like the burning of coal for energy or cutting of forests.

o This emissions growth has been driven mainly by CO 2 emissions from the
burning of fossil fuels, industrial sector, as well as methane emissions.

o But the average annual rate of growth slowed to 1.3% per year in the
period 2010-19, compared to 2.1% per year in the period 2000-09.

o At least 18 countries have reduced GHG emissions for longer than 10 years
on a continuous basis due to decarbonisation of their energy system,
energy efficiency measures and reduced energy demand.

o Final synthesis report is due in March 2023

United Nations Framework Convention on Climate Change (UNFCCC),

The Convention on Climate Change entered into force on 21st March, 1994. The Conference
of the Parties to the Convention (COP) became the Convention's ultimate authority.

The Convention on Climate Change sets an overall framework for intergovernmental efforts
to tackle the challenge posed by climate change. It recognizes that the climate system is a
shared resource whose stability can be affected by industrial and other emissions of carbon
dioxide and other greenhouse gases.

The main objective of UNFCCC is to stabilize greenhouse gas concentrations in the

atmosphere at a level that would prevent dangerous anthropogenic interference with the
climate system.

Under the Convention, governments:

(i) gather and share information on greenhouse gas emissions, national

policies and best practices;
(ii) launch national strategies for addressing greenhouse gas emissions and
adapting to expected impacts, including the provision of financial and
technological support to developing countries:
 (iii) co-operate in preparing for adaptation to the impacts of climate change
21 COP1-COP15.

COP1 Berlin 1995:

COP21:- Paris Agreement

COP27- Egypt

The Rio Conference achieved consensus on:-

 Firstly, it secured a set of arrangements between governments which marks a

significant advance in international co-operation on development and environment
issues.
 Secondly, it commitment to these arrangements at the highest level and placed the
issue of sustainable development at the heart of international agenda.
 Thirdly, opened new paths for communication and co-operation between official and
non-official organizations working towards developmental and environment goals.
 Fourthly, it led to enormous increase in public awareness of the issues that were
tackled in the process-an awareness.

The United Nations Conference on Sustainable Development, also known as "Rio+20," was
held in Rio de Janeiro, Brazil in June 2012, twenty years after the historic Rio Earth
Summit of 1992. World leaders and thousands of attendees from the commercial sector,
NGOs, and other organizations gathered at the Rio+20 Conference to discuss how
to eliminate poverty, enhance social equity, and assure environmental protection on a
planet that is getting more congested.

 Rio+20 is regarded as a crucial opportunity for the international community to

reaffirm its commitment to sustainable development and explore creative models to
inspire global action on sustainability.
 The official discussions centered on two major topics:
o how to build a green economy for long-term development and lifting people
out of poverty; and
o how to improve international cooperation for long-term development

Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the
prevention and control of water pollution, and for the maintaining or restoring of
wholesomeness of water in the country.
The Act was amended in 1988. The Water (Prevention and Control of Pollution) Cess Act was
enacted in 1977, to provide for the levy and collection of a cess on water consumed by
persons operating and carrying on certain types of industrial activities.

This cess is collected with a view to augment the resources of the Central Board and the
State Boards for the prevention and control of water pollution constituted under the Water
(Prevention and Control of Pollution) Act, 1974. The Act was last amended in 2003.

Central Pollution Control Board (CPCB)

The Central Pollution Control Board (CPCB), statutory organisation, was constituted in
September, 1974 under the Water (Prevention and Control of Pollution) Act, 1974. Further,
CPCB was entrusted with the powers and functions under the Air (Prevention and Control of
Pollution) Act, 1981.

Why was the Air (Prevention and Control of Pollution) Act of 1981 passed?

The effects of climate change caused by all forms of pollution became all too apparent in the
early 1970s. To mitigate their harmful effects it was believed that nations would need to
pass their own laws. Thus during the United Nations General Assembly on Human
Environment held in Stockholm in June 1972, a resolution was passed which implored the
nations of the world to preserve natural resources such as air.

India itself had issues regarding air pollution due to a wide variety of factors such as stubble
burning, improper industrial practices, environmental factors etc. To combat these factors a
special law was enacted under the Constitution of India, which was the Air (Prevention and
Control of Pollution) Act of 1981.

Environment Protection Act (EPA)

India’s original Constitution did not contain any provision for the protection of the natural
environment. However, the Fundamental Duties, which were added by the 42nd
Amendment to the Constitution, prescribed the protection of the environment including
forests, lakes, rivers and wildlife as a duty of the citizens of the country.

This amendment also added new Directive Principles of State Policy, one of which was
Article 48A, which directed the State to protect and improve the environment and to
safeguard forests and wildlife.

These developments were a result of the United Nations Conference on Human

Environment, held in Stockholm in 1972. First, the Wildlife Protection Act, 1972 was
enacted. Then, the Water (Prevention and Control of Pollution) Act, 1974 was passed,
followed by the Air (Prevention and Control of Pollution) Act 1981. Then in 1986, the EPA
was passed by the Parliament, in the wake of the Bhopal Gas Tragedy, which occurred
on Dec 2, 1984

Aims and Objectives of the EPA

The chief aims and objectives of the Environment Protection Act, 1986 are listed below.

1. Implementing the decisions made at the United Nations Conference on Human

Environment held in Stockholm.
2. Creation of a government authority to regulate industry that can issue direct orders
including closure orders.
3. Coordinating activities of different agencies that are operating under the existing
laws.
4. Enacting regular laws for the protection of the environment.
5. Imposing punishments and penalties on those who endanger the environment,
safety and health. For each failure or contravention, the punishment includes a
prison term of up to five years or a fine of up to Rs. 1 lakh, or both. This can also be
extended for up to seven years in cases.
6. Engaging in the sustainable development of the environment.
7. Attaining protection of the right to life under Article 21 of the Constitution.

Main Provisions of Environment Protection Act

The EPA empowers the Centre to “take all such measures as it deems necessary” in the
domain of environmental protection.

 Under the law, it can coordinate and execute nationwide programmes and plans to
further environmental protection.
 It can mandate environmental quality standards, particularly those concerning the
emission or discharge of environmental pollutants.
 This law can impose restrictions on the location of industries.
 The law gives the government the power of entry for examination, testing of
equipment and other purposes and power to analyse the sample of air, water, soil or
any other substance from any place.
 The EPA explicitly bars the discharge of environmental pollutants in excess of
prescribed regulatory standards.
 There is also in place a specific provision for handling hazardous substances, which is
prohibited unless in compliance with regulatory requirements.
 The Act empowers any person, apart from authorised government officers, to file a
complaint in a court regarding any contravention of the provisions of the Act.
The Wildlife Protection Act, 1972

This Act provides for the protection of the country’s wild animals, birds, and plant species, in
order to ensure environmental and ecological security. Among other things, the Act lays
down restrictions on hunting many animal species. The Act was last amended in the year
2006. An Amendment bill was introduced in the Rajya Sabha in 2013 and referred to a
Standing Committee, but it was withdrawn in 2015.

Constitutional Provisions for the Wildlife Act

Article 48A of the Constitution of India directs the State to protect and improve the
environment and safeguard wildlife and forests. This article was added to the Constitution
by the 42nd Amendment in 1976.

Article 51A imposes certain fundamental duties for the people of India. One of them is to
protect and improve the natural environment including forests, lakes, rivers, and wildlife
and to have compassion for living creatures.

Need for Forest Conservation Act, 1980

Forests are an important resource that nature can bestow upon mankind. Therefore, it is
the duty of every citizen to preserve the ecosystems of forests. But due to rapid
deforestation, the cycle of nature is itself being disrupted. Therefore, the need to bring
about a law to ensure the preservation of forest was needed.

One of the first legal drafts to protect forest tracts was the Indian Forest Act, 1865 replaced
by a 1927 version of the same act. However, it was more geared towards protecting the
commercial interests of the British Empire in India.

Objectives of the Forest Conservation Act 1980

The aim of the Forest is to preserve the forest ecosystem of India by fulfilling the following
objectives:

1. Protect the forest along with its flora, fauna and other diverse ecological
components while preserving the integrity and territory of the forests.
2. Arrest the loss of forest biodiversity
3. Prevent forest lands being converted into agricultural, grazing or for any other
commercial purposes and intentions.

What is National Green Tribunal (NGT)?

  It is a specialised body set up under the National Green Tribunal Act (2010) for
effective and expeditious disposal of cases relating to environmental protection
and conservation of forests and other natural resources.

 With the establishment of the NGT, India became the third country in the
world to set up a specialised environmental tribunal, only after Australia and
New Zealand, and the first developing country to do so.

 NGT is mandated to make disposal of applications or appeals finally within 6

months of filing of the same.

 The NGT place of sitting.

What are the Important Landmark Judgements of NGT?

 In 2012, POSCO a South-Korean steelmaker company signed a MoU with the

Odisha government to set up steel project.

o NGT suspended order and this was considered a radical step in

favour of the local communities and forests.

 In 2012 Almitra H. Patel vs. Union of India case, NGT gave judgment of
complete prohibition on open burning of waste on lands, including landfills –
regarded as the single biggest landmark case dealing with the issue of solid
waste management in India.

 In 2013 in Uttarakhand floods case, the Alaknanda Hydro Power Co. Ltd. was
ordered to compensate to the petitioner – here, the NGT directly relied on the
principle of ‘polluter pays’.

 In the Save Mon Federation Vs Union of India case (2013), the NGT suspended
a ₹6,400-crore hydro project, to save the habitat of a bird.

 In 2015, the NGT ordered that all diesel vehicles over 10 years old will not be
permitted to ply in Delhi-NCR.

 In 2017, the Art of Living Festival on Yamuna Food Plain was declared violating
the environmental norms, the NGT panel imposed a penalty of Rs. 5 Crore.

 The NGT, in 2017, imposed an interim ban on plastic bags of less than 50-
micron thickness in Delhi because “they were causing animal deaths, clogging
sewers and harming the environment”.