Environmental Law

ENVIRONMENTAL LAW
OUR SHARED RESPONSIBILITY

INTRODUCTION
WHAT IS
ENVIRONMENT?
The word ‘environment’ is derived

from the French word ‘environner’,
which means ‘to encircle’ or to
surround
HOW DO YOU
DEFINE
ENVIRONMENT?
• It is a combination of living and
non-living things and their mutual
interaction with each other which
leads to an ecosystem.
• It is the sum total of water, air and
land and the interrelationships that
exist among them with human
beings, other living organisms and
materials.
HOW DO YOU DEFINE
ENVIRONMENTAL LAW??
Black’s Law Dictionary -

“A collective body of rules and
regulations, orders and statutes,
constraints and allowances that are all
concerned with the maintenance and
protection of the natural environment
of a country”.
HOW DO YOU DEFINE
ENVIRONMENTAL LAW??
Free Legal Dictionary,

“Environmental Law is, “an amalgam
of state and federal statutes,
regulations, and common-law
principles covering Air Pollution, Water
Pollution, hazardous waste, the
wilderness, and endangered wildlife”.
HOW DO YOU DEFINE
ENVIRONMENTAL LAW??
K. M. Chinnappa v. Union of India

defined “Environmental Law” as an
instrument to protect and improve the
environment and control or prevent
any act or omission polluting or likely
to pollute the environment.
HOW DO YOU DEFINE
ENVIRONMENTAL LAW??
As per Section 2(a) of Environment

Protection Act, 1986 environment
includes Water, Air & Land and the
inter-relationship which exists among
and between Water, Air and Land &
Human Beings, other Living Creatures,
Plants, Micro Organisms & Property”.
APPROACHES TO
ENVIRONMENTAL
LAW
Anthopocentric approach
Ecocentric approach
ANTHROPOCENTRIC
APPROACH
The anthropocentric approach to environmental law is

based on the idea that humans are the most important
beings and that the world exists to serve them. This
approach has been a foundation of international
environmental law since the 1972 Stockholm conference on
the human environment
FEATURES
• Human-centered: Anthropocentrism is the belief that

humans are the center of existence and that other
beings only have value in relation to humans.
• Instrumental value: Anthropocentrism views other
beings as means to human ends.
• Reduces human responsibility
ECOCENTRIC APPROACH
An ecocentric approach to environmental law values nature

for its own sake, rather than for its usefulness to humans.
It's a philosophical extension of environmental ethics, which
studies the relationship between humans and the
environment.
FEATURES
• Holistic view
Ecocentrism takes a holistic view of the Earth,
rather than a narrower anthropocentric approach.
• Intrinsic value
Ecocentrism places value on all living organisms, as
well as abiotic aspects.
• Limits on human conduct
Ecocentrism compels humans to accept limits on
their conduct, such as not treating nature solely as
an object.
Various forms
of
WHAT IS environmental
ENVIRONMENT pollution
involve air
POLLUTION? pollution, water
pollution, noise
pollution, and
The term more.
Environmental
'pollution' pollution takes
emerges from place when any
the Latin word component is
"Polluere," unveiled into the
denoting the environment,
act of polluting humiliating its
any aspect of property to a point
the where it becomes
environment. inappropriate for
human habitation.
DEVELOPMENT OF
ENVIRONMENTAL LAW
Development prior to 1972 - Development after-1972 - This
During this period, India mainly phase aligned with the
depended on an amalgamation outcome of the Stockholm
of tort laws, criminal laws, Conference and marked a
regulations related to water significant development in the
and forests, and specialized field of International
legislation to look into Environmental Law. The
environmental protection Stockholm Conference carried
matters. It can be noticed that global awareness of
there was comparatively environmental protection
restricted advancement in concerns, and India was no
Indian Environmental Law exception to this developing
during this generation awareness.
CONSTITUTIONAL
PERSPECTIVE
• Duty of state to “protect and
improve the environment and to
safeguard the forests and wildlife
of the country”.
• It imposes a duty on every citizen
“to protect and improve the
natural environment including
forests, lakes, rivers, and wildlife”.
• Reference to the environment has
also been made in the Directive
Principles of State Policy (Part IV)
as well as the Fundamental Rights
(Part III).
CONSTITUTIONAL
PERSPECTIVE
• The Department of Environment

was established in India in 1980
to ensure a healthy environment
for the country. This later became
the Ministry of Environment and
Forests in 1985
CONSTITUTIONAL
PERSPECTIVE
• The ‘Right to Life’ contained in

Article-21 of the Constitution of
India includes the right to clean
and human environment. It
means you have the right to live
in a clean and healthy
environment.
CONSTITUTIONAL
PERSPECTIVE
• Article-38 of our Constitution

requires State to ensure a social
order for the welfare of people,
which can be obtained by an
unpolluted and clean environment
only.
CONSTITUTIONAL
PERSPECTIVE
• Article-48A of the Constitution

declares “The State shall
endeavour to protect and improve
the environment and safeguard
forests and wildlife of the
country.”
CONSTITUTIONAL
PERSPECTIVE
• Article-48A of the Constitution

requires the State to adopt the
Protectionist policy as well as
Improvinistic Policy.
CONSTITUTIONAL
PERSPECTIVE
• Protectionist policy imposes ban

on those things which lead to
environmental degradation, e.g.
ban on use of leaded petrol, ban
on use of plastic bags etc.
• Improvinistic policy refers to
alternatives that can be used for
improvement of environment, e.g.
use of CNG or low sulphur fuel,
tree plantation in industrial areas
etc.
CONSTITUTIONAL
PERSPECTIVE
• Article-51A(g) of the Indian

Constitution says: “It shall be the
duty of every citizen of India to
protect and improve the natural
environment including forests,
lakes, rivers and wild life, and to
have compassion for living
creatures.”
MINISTRY OF
ENVIRONMENT AND
FORESTS (MOEF)
• The Ministry of Environment &

Forests (MoEF) is the nodal
agency in the administrative
structure of the Central
Government for planning,
promotion, coordination and
overseeing the implementation of
India’s environmental and forestry
policies and programmes.
MINISTRY OF
ENVIRONMENT AND
FORESTS (MOEF)
The broad objectives of the Ministry

are:
• Prevention and control of
pollution;
• Protection of the environment;
and
• Ensuring the welfare of plants &
animals

Environmental Law

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ENVIRONMENTAL LAW

OUR SHARED RESPONSIBILITY

The word ‘environment’ is derived

Black’s Law Dictionary -

Free Legal Dictionary,

K. M. Chinnappa v. Union of India

As per Section 2(a) of Environment

The anthropocentric approach to environmental law is

• Human-centered: Anthropocentrism is the belief that

An ecocentric approach to environmental law values nature

• The Department of Environment

• The ‘Right to Life’ contained in

• Article-38 of our Constitution

• Article-48A of the Constitution

• Article-48A of the Constitution

• Protectionist policy imposes ban

• Article-51A(g) of the Indian

• The Ministry of Environment &

The broad objectives of the Ministry

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