What is Environment? Meaning, Components and Causes of Environmental Degradation in India with Important Case Laws

Environment: Meaning, Components and Causes of Environmental Degradation in India

Primary Keywords: Meaning of Environment, Components of Environment, Causes of Environmental Degradation in India, Environmental Pollution, Sources of Environmental Pollution

Introduction-

The word “Environment” is a very famous and prevalent word because it is the base of healthy human life and existence of all living beings. In the present age of industrial revolution and rapid development, the importance of environment has increased to a very large extent. It is rightly said that balance must be maintained between environmental protection and development programmes. If this balance is disturbed, public life and health will suffer seriously.

Therefore, it is necessary to understand clearly the meaning of environment, its components and the causes of environmental degradation in India.

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Meaning and Definition of Environment

The word “Environment” is derived from the French word “Environ”, which means “surrounding” or “neighbouring”. Whatever surrounds us and affects our life, health and development forms part of environment. Vegetation, rivers, ponds, air, animals, land and natural resources existing nearby us collectively constitute environment.

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Statutory Definition

According to Section 2(a) of the Environment (Protection) Act, 1986:

“Environment includes water, air and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organisms and property.”

This definition clearly shows that environment includes not only physical elements but also their interrelationship with living beings.

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Definitions Given by Scholars

Several jurists and environmentalists have defined environment in different manners:

•According to Black’s Law Dictionary, environment is the combination of physical, economic, cultural and social conditions affecting public life.

•According to Tansley, environment is the complete sum of effective conditions under which living organisms exist.

•According to Fitting, environment is the sum of circumstantial elements.

•According to Herskovits, environment is the sum of all external conditions affecting human life and development.

•According to Maciver, the surface of the earth and all its natural resources affecting human life constitute environment.

•According to E.J. Ross, environment is an external force which affects us thoroughly.

•According to T.N. Khushu, environment is the sum total of all conditions and influences affecting life and development of organisms.

Thus, environment includes all surrounding conditions influencing human life and other living beings.

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Components of Environment and Pollution Problems

Environment mainly consists of four major components: Air, Water, Land and Living Organisms. These components are interrelated. Pollution in one component directly affects the others.

1. Air (Atmosphere)

Air is essential for survival of human beings, animals and plants. It maintains climatic balance and supports life.

Pollution Problems Related to Air

•Emission of toxic gases from industries

•Vehicle exhaust fumes

•Burning of fossil fuels

•Noise and smoke pollution

Air pollution results in respiratory diseases, climate change and ecological imbalance.

2. Water (Hydrosphere)

Water is necessary for drinking, agriculture and industry. Rivers, lakes, ponds and groundwater form part of this component.

Pollution Problems Related to Water

•Discharge of industrial effluents

•Untreated sewage

•Agricultural chemicals and pesticides

•Religious and domestic waste

Water pollution causes diseases, destruction of aquatic life and scarcity of potable water.

3. Land (Lithosphere)

Land includes soil, forests, minerals and natural resources.

Pollution Problems Related to Land

•Dumping of solid waste

•Plastic accumulation

•Chemical contamination

•Deforestation and soil erosion

Land pollution decreases soil fertility and disturbs ecological balance.

4. Living Organisms (Biosphere)

This includes human beings, animals, plants and micro-organisms. If air, water and land are polluted, living organisms suffer directly. Therefore, protection of each component is necessary.

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Causes of Environmental Degradation in India

Environmental pollution is a serious problem of the present time. The main causes of environmental degradation in India are as follows:

1. Industrialisation

Rapid industrialisation is the first major cause. Industries discharge polluted water, toxic gases and chemical wastes. Leather, chemical, dyeing and marble industries create large-scale pollution. Uncontrolled industrial growth leads to environmental damage.

2. Lack of Public Awareness

Environmental awareness has not sufficiently developed among the public. Throwing garbage in open places, burning waste and creating unnecessary noise have become common habits.

3. Lack of Environmental Education

Many persons are not aware of environmental protection and the harmful effects of pollution. Without proper education, environmental degradation increases.

4. Tendency of Selfishness

Human selfishness is also responsible. Individuals discharge waste materials into rivers and public places without thinking about public health.

5. Remissness in Implementation of Law

Although various laws have been enacted, pollution continues due to weak enforcement, lenient punishment and administrative negligence.

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Sources of Environmental Pollution

•Industrial waste

•Vehicular emissions

•Domestic sewage

•Agricultural chemicals

•Deforestation

•Mining activities

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Important Case Laws on Environmental Protection

Indian Judiciary has played a very significant role in the development of environmental jurisprudence in India. Through various landmark judgments, the Supreme Court and High Courts have strengthened environmental protection.

1. M.C. Mehta v. Union of India

In this case, the Supreme Court evolved the principle of Absolute Liability. It was held that industries engaged in hazardous activities are absolutely liable to compensate for damage caused by them. This principle strengthened environmental accountability.

2. M.C. Mehta v. Union of India

In this case, industries discharging untreated effluents into river Ganga were directed to close. The Court emphasized that economic development cannot take place at the cost of environmental degradation.

3. Subhash Kumar v. State of Bihar

The Supreme Court held that the Right to Pollution-Free Water and Air is included under Article 21 of the Constitution as part of the Right to Life.

4. Vellore Citizens Welfare Forum v. Union of India

In this case, the Supreme Court introduced the principles of:

Sustainable Development

Precautionary Principle

Polluter Pays Principle

These principles became part of Indian environmental law.

5. Indian Council for Enviro-Legal Action v. Union of India

The Court imposed heavy compensation on industries polluting the environment and applied the Polluter Pays Principle strictly.

6. A.P. Pollution Control Board v. Prof. M.V. Nayudu

The Court emphasized the importance of scientific expertise in environmental decision-making and strengthened the Precautionary Principle.

7. M.C. Mehta v. Union of India

Industries causing pollution in the Taj Trapezium Zone were directed to switch to cleaner fuel to protect the Taj Mahal.

8. Samatha v. State of Andhra Pradesh

The Supreme Court protected tribal lands and restricted mining activities in scheduled areas to prevent environmental damage.

9. Narmada Bachao Andolan v. Union of India

The Court discussed the concept of sustainable development while dealing with environmental impact of large dam projects.

10. K.M. Chinnappa v. Union of India

The Supreme Court held that breach of environmental regulations gives rise to civil as well as criminal liability.

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Conclusion

Environment includes air, water, land and all surrounding conditions affecting human life and other living beings. Environmental degradation in India is mainly caused by industrialisation, lack of awareness, selfish attitude and weak implementation of laws.

Protection of environment is essential for sustainable development and healthy public life.

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MCQs on Environment

1. The word “Environment” is derived from which language?

(a) Latin

(b) French

(c) Greek

(d) English

Answer: (b)

2. According to the Environment (Protection) Act, 1986, environment includes:

(a) Only air

(b) Only water

(c) Water, air, land and their interrelationship

(d) Only plants

Answer: (c)

3. Which is a major cause of environmental degradation in India?

(a) Industrialisation

(b) Awareness

(c) Education

(d) Sustainable development

Answer: (a)

4. Water pollution mainly results from:

(a) Industrial effluents

(b) Sewage discharge

(c) Agricultural chemicals

(d) All of the above

Answer: (d)

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FAQs on environment 

Q1. What is Environment?

- Environment means the surrounding conditions including air, water, land and living organisms which affect human life and development.

Q2. What are the main components of environment?

- Air, water, land and living organisms.

Q3. What are the main causes of environmental pollution in India?

- Industrialisation, lack of awareness, lack of education, selfish attitude and weak enforcement of laws.

Q4. Why is environmental protection necessary?

- Because human life, health and development depend upon a clean and balanced environment.

Kinds of Environmental Pollution – Water, Air and Noise Pollution (With Legal Provisions and Cases)

Kinds of Environmental Pollution: Water, Air and Noise Pollution Explained (With Legal Provisions, Case Laws & MCQs)

Environmental pollution is one of the gravest challenges before modern civilization. Rapid industrialization, urbanization, mechanization and population growth have severely disturbed the natural balance of the environment. Pollution is not merely a scientific issue; it is a legal, social and constitutional concern affecting the fundamental right to life under Article 21 of the Constitution of India.

The major kinds of environmental pollution are:

1. Water Pollution

2. Air Pollution

3. Noise Pollution

This article explains each type in detail along with statutory definitions, causes, consequences, landmark cases and practical implications.

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1. Water Pollution

Water is essential for life. When its physical, chemical or biological properties are altered to the extent that it becomes harmful for humans, animals, plants or aquatic organisms, it is called water pollution.

Legal Definition

Under Section 2(e) of the Water (Prevention and Control of Pollution) Act, 1974, “pollution” means:

        Contamination of water or alteration of its physical, chemical or biological properties, or discharge of sewage or trade effluents or other substances into water, directly or indirectly, which may render it harmful to public health, safety, domestic, commercial, agricultural or other uses, or to animals, plants and aquatic organisms.

Meaning and Nature of Water Pollution

Freshwater ecosystems include lakes, ponds, rivers and springs. These ecosystems function properly when sunlight, oxygen, carbon dioxide and nutrients are available in balanced proportions.

Water becomes polluted when:

•Unwanted substances mix with natural water

•Its chemical and physical quality deteriorates

•It becomes unfit for drinking, irrigation, industry or aquatic life

Both soluble (chemicals, detergents, heavy metals) and insoluble impurities (solid waste, plastics, sludge) contribute to water pollution.

Causes of Water Pollution

(1). Industrial Effluents – Factories discharge untreated waste into rivers and lakes.

(2). Sewage Disposal – Domestic waste enters water bodies without treatment.

(3). Agricultural Runoff – Pesticides, fertilizers and chemical residues flow into rivers.

(4). Religious Practices – Cremation remains and ritual disposal of bodies in rivers like the Ganges.

(5). Chemical Industries – Release of cyanides, heavy metals, dyes, detergents and solvents.

A classic example is the Minamata disease in Japan caused by mercury contamination.

Consequences of Water Pollution

Water pollution has direct health, economic and ecological consequences:

(1) Spread of Diseases

Polluted water causes:

• Gastroenteritis

• Diarrhea

• Cholera

• Jaundice

• Polio

• Filariasis

These diseases lead to economic loss and physical suffering.

(2) Aquatic Life Destruction

Industrial discharge reduces oxygen levels, killing fish and other organisms.

(3) Water Scarcity

Excess pollution makes water unfit for use, increasing dependency on deep groundwater (fossil water).

(4) International Water Disputes

Water scarcity and pollution have triggered disputes:

• Indus River between India and Pakistan

• Euphrates River between Iraq and Syria

• Colorado River between USA and Mexico

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2. Air Pollution

Air is the most essential element for survival. A normal human inhales approximately 16 kg of air daily. Oxygen constitutes about 21% of the atmosphere.

When pollutants disturb the natural gaseous balance of the atmosphere, air pollution occurs.

Legal Definition

Under Section 2(a) and 2(b) of the Air (Prevention and Control of Pollution) Act, 1981, air pollution includes:

Presence of solid, liquid, gaseous substances (including noise) in the atmosphere in such concentration as may be harmful to humans, animals, plants, property or environment.

Section 280 of the  Bharatiya Nyaya Sanhita (BNS), 2023 also criminalizes vitiation of the atmosphere harmful to public health.

Causes of Air Pollution

(1). Motor Vehicles – Responsible for nearly 60% of urban air pollution.

(2). Industrial Emissions

(3). Thermal Power Plants

(4). Cigarette Smoking

(5). Aircraft Emissions

(6). Deforestation

(7). Natural Causes – Volcanoes, forest fires, thunderstorms

Combustion of petrol releases carbon monoxide and nitrogen oxides which contaminate vast volumes of air.

Major Incidents of Air Pollution

• Los Angeles Smog (1948)

• London Smog (1952)

• Bhopal Gas Tragedy – Leakage of methyl isocyanate gas from Union Carbide factory killing thousands.

Impact on Monuments

Pollutants from Mathura refinery affected the marble of the Taj Mahal.

In M.C. Mehta v. Union of India, the Supreme Court ordered relocation of 292 polluting industries around Taj Trapezium Zone.

The Court held:

Taj is a priceless heritage of the nation and must be protected from pollution.

Effects of Air Pollution

• Respiratory diseases

• Lung cancer

• Asthma

• Ozone layer depletion

• Acid rain

• Damage to monuments

• Climate imbalance

(Air pollution directly affects Article 21 – Right to Life.)

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3. Noise Pollution

Noise pollution is excessive or unwanted sound that disturbs environmental balance and human health.

Decibel (dB) is the unit of sound intensity:

• 0 dB – Beginning of sound

• 180 dB – Threshold of pain

• 85 dB – Potentially harmful level

Sources of Noise Pollution

• Railways

• Motor vehicles

• Loudspeakers

• Diwali crackers (120 dB)

• Wedding processions (80–90 dB)

• Industrial machinery

Legal Position

Noise is included within air pollution under the Air (Prevention and Control of Pollution) Act, 1981.

Important Cases

1. Free Legal Aid Cell v. Govt. of NCT of Delhi-  Noise beyond reasonable limits violates Article 21.

2. Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association- Freedom of religion is not absolute. Public health prevails over religious noise.

3. Bada Bazar Fire Works Dealers Association v. Commissioner of Police- Factories cannot emit sound beyond permissible limits.

Effects of Noise Pollution

• Mental stress

• Insomnia

• High blood pressure

• Heart diseases

• Deafness

• Irritability

• Reduced work efficiency

(Excessive noise is not culture; it is environmental violation.)

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Conclusion

Environmental pollution—whether water, air or noise—is not merely environmental degradation but a direct attack on human dignity and constitutional rights. Laws exist, courts intervene, but enforcement remains weak.

Industrialization without responsibility leads to disaster. Development without sustainability destroys future generations.

Protection of environment is not optional; it is a constitutional duty under Article 51A(g).

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Frequently Asked Questions (FAQs)

1. What are the main types of environmental pollution?

-Water pollution, air pollution and noise pollution.

2. Which Act governs water pollution in India?

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

3. Is noise included under air pollution law?

-Yes, under the Air (Prevention and Control of Pollution) Act, 1981.

4. Which case protected the Taj Mahal from pollution?

-M.C. Mehta v. Union of India (1997).

5. What constitutional article protects against pollution?

- Article 21 – Right to Life.

6. What is Minamata disease?

- A disease caused by mercury-contaminated water.

7. Which BNS section punishes air pollution?

-Section 280 BNS

8. How does water pollution affect health?

-It spreads diseases like cholera, diarrhea and jaundice.

9. What is the unit of sound intensity?

-Decibel (dB)

10. Can religious practices justify noise pollution?

-No. Public health prevails over religious freedom.

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Multiple Choice Questions (MCQs)

1. Water pollution is defined under:

A. Environment Protection Act

B. Water Act 1974

C. IPC

D. Forest Act

Answer: B

2. Oxygen constitutes approximately:

A. 10%

B. 15%

C. 21%

D. 30%

Answer: C

3. Noise pollution is included under:

A. Water Act

B. IPC

C. Air Act

D. Forest Act

Answer: C

4. Bhopal Gas Tragedy occurred in:

A. 1975

B. 1984

C. 1991

D. 2001

Answer: B

5. Section 280 BNS deals with:

A. Water contamination

B. Air vitiation

C. Noise control

D. Forest conservation

Answer: B

6. Minamata disease is caused by:

A. Lead

B. Mercury

C. Arsenic

D. Sulphur

Answer: B

7. The Taj Mahal case is:

A. Bhopal case

B. Oleum gas leak case

C. M.C. Mehta case

D. Vellore case

Answer: C

8. Decibel measures:

A. Temperature

B. Water purity

C. Sound intensity

D. Radiation

Answer: C

9. Article 21 relates to:

A. Property

B. Religion

C. Life and liberty

D. Trade

Answer: C

10. Excessive noise may cause:

A. Improved sleep

B. Mental stress

C. Increased oxygen

D. Water purity

Answer: B

National Green Tribunal Act, 2010: Composition, Jurisdiction, Powers and Procedure

National Green Tribunal Act, 2010 :- composition, procedure, jurisdiction and powers of the National Green Tribunal

 1. National Green Tribunal

(Established under section-3 of National Green Tribunal Act, 2010)

The National Green Tribunal (NGT) was created to ensure effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and enforcement of environmental rights. It is a specialized environmental court designed to deliver speedy justice in ecological matters. 

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2. Composition - 

 A provision has been made in section 4 regarding the constitution of National Green Tribunal. According to this, the formation of National Green Tribunal will consist of the following -

 (i) One Whole Time Chairman;

 (ii) Minimum 10 and maximum 20 whole-time judicial members; 

 (iii) Minimum 10 and maximum 20 whole-time expert members. 

 The Chairperson may also invite experts in specific cases when technical assistance is required.

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 3. Qualifications- ( Section -5)

The Chairperson and Judicial Member of the Tribunal may be a person who- 

 (i) Be a judge of the Supreme Court; either

 (ii) Is or has been a Chief Justice of a High Court, 

 (iii) A judge of the High Court can become a judicial member.

Expert member, a person who, along with a doctorate degree, holds-

 (i) Master of Science in Physics or Life Sciences, or

 (ii) Master of Engineering; either 

 (iii) Master of Technology; And

 (iv) Minimum 15 years of experience in the field of environmental protection and biodiversity management etc. (Sec. 5) 

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 4. Terms of office - (Section -7,8)

 The term of office of the Chairperson and the members shall be five years subject to the following age limit - 

 (i) In case of Judge of Supreme Court - 70 years 

 (ii) In case of Chief Justice of High Court - 67 years

 (iii) For Judicial Members - 67 years

 (iv) For expert members - 65 years (Sec. 7) 

 The Chairperson or a member of the Tribunal may resign his office at any time by giving notice in writing to the Central Government. (Sec. 8)

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 5. Salary and Allowances-  (Section- 9) 

The salary and allowances and terms and conditions of service of the Chairperson and members shall be such as may be prescribed. (Sec. 9) 

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 6. Removal from office- (Section- 10) 

 After giving a reasonable opportunity of being heard to the Speaker and the member, he can be removed from office on the following grounds-

(i) On being adjudged insolvent, 

 (ii) on conviction in a case involving moral turpitude, 

 (iii) become physically or mentally unwell, 

 (iv) having acquired any financial or other interest,

 (v) Abuse of position. (Sec. 10)

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7.  Jurisdiction of the Tribunal - (Section 14)

 •The jurisdiction of the Tribunal is mentioned in section 14 of the Act, according to-

     

The Tribunal shall have jurisdiction to hear all such civil matters, which involve any material question relating to the environment. 

 In addition, it shall also have jurisdiction to hear questions arising out of the implementation of the following Acts- 

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

 (ii) The Water (Prevention and Control of Pollution) Cess Act, 1977

 (iii) Forest Conservation Act, 1980

 (iv) Air (Prevention and Control of Pollution) Act, 1981 

 (v) Environment Protection Act, 1986 

 (vi) Public Liability Insurance Act, 1991; And

 (vii) Biodiversity Act, 2002 

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 8. Limitation Period -

•Application must be filed within 6 months from the date the cause of action arises.

•Delay can be condoned up to 60 additional days if sufficient cause is shown.

The Act prioritizes speed — environmental damage worsens with delay. 

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9. Relief, compensation and restitution - (Section -15)

 Under section 15, the Tribunal may pass the following order- 

 (1) Relief and compensation to the aggrieved parties in the following cases-

 (i)Environmental pollution, 

(ii) Environmental damage,

(iii) Cases of accidents, etc., occurring during the handling of hazardous substances 

 (2) Replacement of damaged property; And

 (3) Restoration of the environment of such areas as the Tribunal may think fit.

 Such compensation, relief or restitution shall be in addition to the relief granted under the Public Liability Insurance Act, 1999.

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 10. Appellate jurisdiction (Section 16)

 Under section 16, the Tribunal may hear appeals against any order passed under the following Acts- 

 (i) Under Section 28 of The Water (Prevention and Control of Pollution) Act, 1974 

 (ii) Under Section 29 of The Water (Prevention and Control of Pollution) Act, 1974 

 (iii) Under Section 33A of The Water (Prevention and Control of Pollution) Act, 1974 

 (iv) Under Section 13 of The Water (Prevention and Control of Pollution) Cess Act, 1977 

 (v) Under Section 2 of Forest Conservation Act, 1980

 (vi) Under Section 31 of Air (Prevention and Control of Pollution) Act, 1981

 (vii) Under Section 5 of Environment Protection Act, 1986 

 (viii) An order passed under Biodiversity Act, 2002. 

 Limitation of 30 days is fixed for filing of such appeal. 

 However, this period can be further extended up to 60 days if there is sufficient cause for delay.

 The memorandum of appeal shall be filed with- 

 (i) The prescribed format, 

 (ii) Necessary documents; 

 (iii) Charge. (Sec. 18) 

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 11. Who Can File an Application or Appeal? (Section 18)

 Following persons can file an appeal under Section 18-

 (a) The person to whom the injury is caused; 

 (b) The owner of the property to which the damage has been caused, 

 (c) Legal representative of the deceased, in case of death

 (d) Agent of such person;

 (e) Representative body or organization;

 (f) Central or state government or union territory administration

 (g) Following constituted or established under the Environment (Protection) Act, 1986 or any other law for the time being in force,--

 (i) Central Pollution Control Board;

 (ii) State Pollution Control Board;

 (iii) Any pollution control committee;

 (iv) Local authority; or

 (v) Any environmental authority

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 12. Process- (Section 19)

 Section 19 of the Act lays down the procedure of the Tribunal, namely- 

 (i) The Tribunal shall regulate its own procedure. 

 (ii) It shall not be bound to follow the procedure prescribed in the Code of Civil Procedure, 1908, 

 (iii) It shall also not be bound by the rules of evidence prescribed in the Indian Evidence Act, 1872, but 

 (iv) It will be guided by principles of natural justice. 

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 13. Powers- (Section 19)

 Under Section 19 of the Act, the Tribunal has been given all the powers of a civil court under the Code of Civil Procedure, 1908 in the following cases- 

 (i) Summons any person and examines him on oath, 

 (ii) Requisitioning the discovery and production of documents.

 (iii) Receiving evidence on affidavits, 

 (iv) To call for or requisition any public document or record from any office,

 (v) Issuing commissions for the examination of witnesses of documents,

 (vi) Review your decisions, 

 (vii) Pass ex parte order, 

 (viii) Setting aside an ex parte order,

 (ix) Passing interim orders, etc. 

 All decisions will be made by majority. (Sec. 21) 

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14. Appeal to the Supreme Court 

(Section 22)

Appeal against the orders of the Tribunal will be made in the Supreme Court in 90 days. (Sec. 22)

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15. Conclusion-

The National Green Tribunal represents a structural shift in India’s environmental governance. It combines judicial authority with scientific expertise, removes procedural rigidity, and focuses on speedy resolution. 

  In a country facing severe environmental degradation, the NGT acts as a specialized watchdog ensuring accountability and restoration rather than mere symbolic compliance.

For environmental justice in India, the NGT is not optional — it is essential.

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Frequently Asked Questions (FAQs)

1. What is the purpose of the National Green Tribunal?

-The National Green Tribunal was established to ensure speedy and effective disposal of environmental disputes involving substantial questions relating to the environment.

2. Under which law was the NGT established?

-It was established under the National Green Tribunal Act, 2010.

3. What types of cases can the NGT hear?

-The Tribunal hears civil cases related to environmental protection, forest conservation, pollution control, and biodiversity under specified environmental laws.

4. What is the limitation period for filing an application before the NGT?

-An application must be filed within 6 months from the date of cause of action, extendable by 60 days if sufficient cause is shown.

5. Can NGT orders be appealed?

-Yes. Appeals against NGT orders can be filed before the Supreme Court within 90 days.

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Multiple Choice Questions (MCQs)

1. The National Green Tribunal was established under which year?

A. 2005

B. 2008

C. 2010

D. 2012

Answer: C

2. The maximum number of Judicial Members in the NGT is:

A. 10

B. 15

C. 20

D. 25

Answer: C

3. The NGT is guided by which principle while conducting proceedings?

A. Strict Civil Procedure Code

B. Indian Evidence Act only

C. Principles of Natural Justice

D. Criminal Procedure Code

Answer: C

4. Within how many days can an appeal be filed before the Supreme Court against an NGT order?

A. 30 days

B. 60 days

C. 90 days

D. 120 days

Answer: C

5. Which of the following Acts falls under the jurisdiction of the NGT?

A. Indian Penal Code

B. Environment (Protection) Act, 1986

C. Companies Act, 2013

D. Consumer Protection Act

Answer: B

Public Interest Litigation (PIL) in India: Process, Constitutional Articles & Role in Environmental Protection

Public Interest Litigation (PIL) and Environmental Protection in India (With Landmark Cases)

Introduction

Public Interest Litigation (PIL) is one of the most significant developments in Indian judicial history. It is a mechanism through which courts protect public rights, especially the rights of weaker sections of society.

Public Interest Litigation can be described as an instrument of social justice. It ensures that justice is not limited only to the rich and powerful but is accessible to poor, disadvantaged and marginalized sections of society.

In People’s Union for Democratic Rights v. Union of India (AIR 1980 SC 1579), the Supreme Court emphasized that rule of law protects not only affluent sections but also weaker sections of society.

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Meaning and Definition of Public Interest Litigation

Public Interest Litigation means a litigation in which the interest of the wider public is involved.

In simple words, when a matter affects the public at large and any concerned person approaches the court for protection of such public interest, it is called Public Interest Litigation.

A person who is unable to approach the court due to poverty, disability or other reasons can be represented by another person or organization through PIL.

Thus, PIL ensures access to justice for all.

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Constitutional Basis of PIL

Public Interest Litigation fulfills the guarantee given under Article 39A of the Constitution, which states that no person shall be deprived of justice merely due to economic or other disabilities.

PIL is also connected with:-

•Article 21 – Right to Life

•Article 14 – Equality before Law

•Article 32 & 226 – Right to Constitutional Remedies

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Judicial Interpretation of PIL

In S.P. Gupta v. Union of India (AIR 1982 SC 803), the Supreme Court explained the essential conditions of Public Interest Litigation:

1. It must be in larger public interest.

2. It must not be politically motivated.

3. It must be filed in good faith.

4. It should not be for personal gain or private benefit.

Matters of purely private interest do not fall within PIL.

In Central Electricity Supply Utility of Odisha v. Dhobai Sahu (AIR 2014 Odisha 246), it was observed that PIL prevents abuse of executive powers.

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Public Interest Litigation in Environmental Matters

In recent years, environmental protection has become one of the most important areas of PIL. Courts have actively entertained PILs related to pollution, ecological imbalance, wildlife protection, and preservation of natural resources.

The scope of PIL in environmental matters has widened significantly.

In Digi Koli Society Mumbai Residents Association v. Union of India (AIR 2009 NOC 2876 Bom), the Bombay High Court observed that PIL in environmental protection has become very broad.

In Bombay Dyeing & Manufacturing Co. Ltd. v. Bombay Environmental Action Group (AIR 2006 SC 1489), the Supreme Court stated that although PIL has limitations, it is frequently used in environmental matters.

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Landmark Environmental PIL Cases

1. M.C. Mehta v. Union of India (Ganga Pollution Case) – AIR 1988 SC 1115

The Supreme Court held that any person concerned about pollution of river Ganga can file a PIL because the river is used by the public at large.

This case strengthened environmental awareness and judicial intervention.

2. Taj Trapezium Case – M.C. Mehta v. Union of India (AIR 1997 SC 734)

To protect the Taj Mahal from pollution, the Supreme Court ordered removal of about 292 factories from nearby areas.

The Court described the Taj Mahal as a priceless national heritage.

3. Municipal Council v. Birdhichand (AIR 1980 SC 1622)

The Supreme Court held that municipalities cannot escape responsibility for cleanliness and sanitation on the ground of lack of funds.

Environmental hygiene is a mandatory duty.

4. L.K. Koolwal v. State of Rajasthan (AIR 1988 Raj 2)

The Rajasthan High Court held that cleanliness and environmental health are part of Article 21 (Right to Life). Municipality cannot avoid its duty.

5. Indian Council for Enviro-Legal Action v. Union of India (AIR 1996 SC 1441)

The Supreme Court ordered closure of polluting chemical industries in Bichhadi village, Rajasthan, and imposed compensation.

Pollution of air and water was declared fatal to mankind.

6. Intellectual Forum v. State of Andhra Pradesh (AIR 2006 SC 1350)

The Court held that ponds and water bodies must be protected by the State. Protection of historical water resources is a constitutional obligation.

7. Jammu & Kashmir Council v. State (AIR 2003 NOC 256 J&K)

Right to use pollution-free water is a matter of public interest and can be raised through PIL.

8. Ranganath v. State of Tamil Nadu (AIR 2016 NOC 185 Madras)

The Madras High Court emphasized conservation of lakes and water bodies.

9. Wing Commander Utpal Barbara v. State of Assam (AIR 1999 Guwahati 78)

Polythene bags were recognized as environmental pollutants.

10. Hesal Ben Jitendra Kumar Vyas v. Police Inspector (AIR 2006 Gujarat 97)

Smoke from fireworks was considered environmental pollution.

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Importance of PIL in Environmental Protection

Public Interest Litigation has:

•Strengthened environmental laws

•Provided access to justice to common citizens

•Ensured accountability of government authorities

•Protected rivers, forests, monuments and wildlife

•Promoted environmental awareness

Without PIL, many environmental violations would have gone unchecked.

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⚖️ PIL Filing Process (Explained in Simple Steps)

1️⃣ Cause of Public Interest Identified

•Issue affects large section of society

•Relates to violation of fundamental rights (Article 21, etc.)

•Example: Environmental pollution, illegal mining, river contamination

2️⃣ Collection of Evidence

•Newspaper reports

•Photographs

•Government documents

•Expert reports

3️⃣ Drafting of Petition

•Filed under:

-Article 32 → Before Supreme Court of India

-Article 226 → Before concerned High Court

•Must show:

-Public interest involved

-No personal gain

-Good faith

4️⃣ Filing in Court Registry

•Petition submitted with:

-Affidavit

-Court fees (minimal)

-Supporting documents

5️⃣ Preliminary Hearing (Admission Stage)

•Court checks:

-Is it genuine public interest?

-Is it politically motivated?

•Court may dismiss or admit the PIL.

6️⃣ Notice Issued to Respondents

•Government / Authority asked to respond.

7️⃣ Arguments & Evidence Stage

•Both sides present arguments.

•Court may appoint expert committees (especially in environmental cases).

8️⃣ Final Judgment / Directions

Court may:-

•Issue Writs (Mandamus, Certiorari, etc.)

•Order compensation

•Direct closure of polluting industries

•Appoint monitoring committees

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Conclusion

Public Interest Litigation has played a revolutionary role in environmental protection in India. It has expanded the scope of Article 21 and ensured that environmental protection is treated as a constitutional responsibility.

Through PIL, courts have protected rivers, lakes, forests, historical monuments and public health. It can rightly be said that PIL has become a powerful weapon in the hands of judiciary for environmental justice.

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Frequently Asked Questions (FAQs)

Q1. What is Public Interest Litigation?

-It is a litigation filed in larger public interest to protect rights of society.

Q2. Who can file a PIL?

-Any public-spirited person or organization.

Q3. Is environmental protection covered under PIL?

-Yes, environmental matters are commonly raised through PIL.

Q4. Which Article supports PIL?

-Article 32, 226 and Article 39A.

Q5. Can private disputes be filed as PIL?

-No, PIL must involve public interest.

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Important MCQs on PIL and Environment

1. Public Interest Litigation was expanded in which case?

(a) S.P. Gupta v. Union of India

(b) Kesavananda Bharati

(c) Golaknath

(d) Minerva Mills

Answer: (a)

2. Ganga Pollution Case is related to:

(a) Noise pollution

(b) River pollution

(c) Forest land

(d) Mining

Answer: (b)

3. Taj Trapezium Case relates to protection of:

(a) River Ganga

(b) Taj Mahal

(c) Forest land

(d) Wildlife

Answer: (b)

4. Article 39A relates to:

(a) Equality

(b) Directive Principles

(c) Free Legal Aid

(d) Fundamental Duty

Answer: (c)

5. Municipality cannot avoid cleanliness duty on ground of lack of funds was held in:

(a) Koolwal Case

(b) Birdhichand Case

(c) Ganga Case

(d) Taj Case

Answer: (b)

Contribution of Indian Judiciary in Environmental Protection and Development of Environmental Jurisprudence (With Landmark Case Laws) [Judicial Activism and Environmental Protection]

Contribution of Indian Judiciary in the Development of Environmental Jurisprudence

(Judicial Activism and Environmental Protection in India)

Introduction-

Environmental protection is one of the biggest challenges before the world today. Rapid industrialization, urbanization and population growth have caused serious damage to air, water, forests and wildlife. To deal with these problems, India has enacted several laws such as:

•Water (Prevention and Control of Pollution) Act, 1974

•Air (Prevention and Control of Pollution) Act, 1981

•Environment (Protection) Act, 1986

•Wild Life (Protection) Act, 1972

However, laws alone are not sufficient. Their effective implementation is equally important. In this area, the Indian Judiciary has played a historic role. Through judicial activism, courts have strengthened environmental protection and developed a strong environmental jurisprudence in India.

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Judicial Activism and Environmental Protection

During the last few decades, courts in India have actively intervened in environmental matters. Because of judicial decisions:

•Right to clean environment is considered part of Article 21 (Right to Life).

•Directive Principles relating to environmental protection are enforced.

•Protection of environment is treated as a Fundamental Duty under Article 51A(g).

•Strict directions are issued to industries and governments.

•Environmental laws are implemented more effectively.

The judiciary has converted environmental protection from a policy matter into a constitutional obligation.

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Contribution  of the Supreme Court

The Supreme Court has played the most significant role in developing environmental law in India.

1. Indian Council for Enviro-Legal Action v. Union of India (1996)

The Court emphasized strict enforcement of environmental laws and directed authorities to take strong steps against polluters. 

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2. M.C. Mehta v. Union of India (Multiple Cases)

M.C. Mehta cases are the foundation of environmental jurisprudence in India.

(a) Environmental Education Case (1988 & 1992)

The Court directed that environmental education should be made compulsory in schools and colleges.

(b) Vehicular Pollution Case (2001)

Due to dangerous air pollution in Delhi, the Supreme Court ordered conversion of public vehicles to CNG. This significantly reduced pollution levels. 

(c) Taj Trapezium Case (1997)

To protect the Taj Mahal from pollution, the Court ordered closure or relocation of about 292 industries. The Court observed that Taj Mahal is a national heritage and must be protected.

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3. M.C. Mehta v. Kamal Nath (2002)

The Supreme Court applied the Public Trust Doctrine and imposed heavy damages on the polluter. It held that natural resources like rivers and forests are held by the State in trust for the public.

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4. Church of God in India v. K.R. Majestic Colony (2000)

The Court held that noise pollution cannot be justified even in the name of religion.

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5. Yamuna Pollution Case (2000)

The Supreme Court directed industries in Delhi and Haryana not to discharge pollutants into river Yamuna.

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Contribution of High Courts

Not only the Supreme Court, but various High Courts have also contributed significantly.

Karnataka High Court

•V. Laxmipati v. State of Karnataka (1992) – Pollution-free environment is part of Article 21.

•B. Krishna Bhat v. State of Karnataka (2003) – Slaughterhouse shifted from residential area due to health hazards.

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Kerala High Court

•Law Society of India v. Fertilizers and Chemicals (1994) – Fresh and clean environment is integral to right to life.

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Delhi High Court

•Free Legal Aid Cell v. NCT Delhi (2001) – Noise pollution is dangerous to health and can be restricted.

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Rajasthan High Court

•L.K. Koolwal v. State of Rajasthan (1988) – Cleanliness and environment are part of Article 21.

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Bombay High Court

•Milun Suryajani v. Pune Municipal Corporation (2016) – Authorities must provide clean public sanitation facilities.

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Environmental Doctrines Developed by Judiciary

Through various decisions, the judiciary developed important environmental principles:

1. Public Trust Doctrine

2. Polluter Pays Principle

3. Precautionary Principle

4. Absolute Liability

5. Sustainable Development

These doctrines are now firmly part of Indian environmental law.

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Why Judicial Activism Was Necessary

Government machinery often failed to strictly enforce environmental laws. In such situations, courts stepped in through Public Interest Litigations (PILs). Judicial intervention ensured:

•Closure of hazardous industries

•Control of air and water pollution

•Protection of historical monuments

•Regulation of noise pollution

•Enforcement of environmental education

Without judicial activism, many environmental laws would have remained ineffective.

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Conclusion-

The Indian Judiciary has played a transformative role in environmental protection. It has expanded the scope of Article 21, enforced environmental statutes, developed new legal doctrines and protected public health and natural resources.

Therefore, it can rightly be said that judicial activism has taken maximum care of environmental protection in the last few decades. Environmental jurisprudence in India is largely shaped by judicial decisions. 

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Frequently Asked Questions (FAQs)

Q1. How is environment linked to Article 21?

-The Supreme Court has held that right to life includes right to live in a pollution-free environment.

Q2. Which case protected the Taj Mahal?

-M.C. Mehta v. Union of India (Taj Trapezium Case).

Q3. What is Public Trust Doctrine?

-It means the State holds natural resources in trust for public use.

Q4. Can noise pollution be restricted?

-Yes, courts have held that excessive noise violates Article 21.

Q5. What is the role of PIL in environmental cases?

-PIL allows citizens to approach courts for environmental protection.

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Important MCQs- 

1. Environmental protection is part of which Article?

(a) Article 14

(b) Article 19

(c) Article 21

(d) Article 32

Answer: (c)

2. Taj Trapezium Case is related to:

(a) River Ganga

(b) Taj Mahal

(c) Noise Pollution

(d) Forest Conservation

Answer: (b)

3. Public Trust Doctrine was applied in:

(a) M.C. Mehta v. Kamal Nath

(b) Vellore Case

(c) Taj Case

(d) Yamuna Case

Answer: (a)

4. Conversion to CNG was ordered in:

(a) Taj Case

(b) Vehicular Pollution Case

(c) Noise Case

(d) Mining Case

Answer: (b)

5. Environmental education was made compulsory in:

(a) 1988

(b) 1992

(c) 2001

(d) 1997

Answer: (a)

Powers of Central Government under Environment (Protection) Act, 1986 – Sections 3 to 6 Explained with Case Laws

Powers of Central Government under the Environment (Protection) Act, 1986

Introduction- 

The Environment (Protection) Act, 1986 is an umbrella legislation enacted to provide effective protection and improvement of the environment. To achieve this objective, wide and comprehensive powers have been conferred upon the Central Government under Sections 3, 4, 5 and 6 of the Act. These provisions enable the Central Government to take all necessary measures to prevent, control and abate environmental pollution.

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Statutory Provisions Conferring Powers-

The powers of the Central Government under the Environment (Protection) Act, 1986 can be studied under the following heads:

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1. General Powers of Central Government (Section 3)

Section 3 empowers the Central Government to take all such measures as it deems necessary for protecting and improving the quality of the environment and for preventing, controlling and abating environmental pollution.

The powers include:

1. Coordination of actions of State Governments, officers and other authorities.

2. Planning and execution of nationwide programmes for environmental protection.

3.Laying down standards for the quality of environment in its various aspects.

4. Prescribing standards for emission or discharge of environmental pollutants.

5. Restriction of areas in which industries or operations shall not be carried out or shall be carried out subject to safeguards.

6. Laying down procedures and safeguards for prevention of environmental accidents.

7. Prescribing safeguards for handling hazardous substances.

8. Examination of manufacturing processes and materials likely to cause pollution.

9. Carrying out and sponsoring investigations and research.

10. Inspection of premises, plants, equipment and processes.

11. Establishment or recognition of environmental laboratories.

12. Collection and dissemination of environmental information.

13. Preparation of manuals, codes and guidelines.

14. Any other measure deemed necessary for effective implementation of the Act.

Judicial Support

•M/s Kushwaha Clay Products v. State of Jharkhand (AIR 2015 Jharkhand 53)

Imposition of scrutiny fee for environmental clearance was held valid.

•M.C. Mehta v. Union of India (AIR 1992 SC 382)

The Supreme Court emphasized the duty of the Government to spread environmental awareness.

•M.R. Pillai v. Executive Officer, Pathaer Panchayat (AIR 1997 Kerala 162)

Government has the power to ban industries causing pollution.

•B. Krishna Bhat v. State of Karnataka (AIR 2003 NOC 428 Kar.)

Slaughterhouses causing pollution can be shifted outside city limits.

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2. Power to Appoint Officers (Section 4)

Under Section 4, the Central Government may appoint officers and authorities and delegate powers for prevention, control and abatement of environmental pollution.

This ensures effective administration and enforcement of environmental laws.

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3. Power to Issue Directions (Section 5)

Section 5 grants wide powers to issue binding directions to any person, officer or authority. Such directions may include: 

•Closure or regulation of any industry or process

•Stoppage or regulation of supply of electricity, water or other services

Important Case Laws 

•Ishwar Singh v. State of Haryana (AIR 1996 P&H 30)

Shifting of stone-crushing units from residential areas upheld.

•Anuj Joshi v. Union of India (AIR 2012 Uttarakhand 24)

Public hearing mandatory before granting environmental clearance.

•Sachidanand Pandey v. State of West Bengal (AIR 1987 SC 1109)

Courts can issue directions for enforcement of environmental duties.

•M/s Vrindavan Phosphates Pvt. Ltd. v. KSPCB (AIR 2003 Kar. 476)

Opportunity of hearing is mandatory before closure of industry.

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4. Power to Make Rules (Section 6)

Section 6 empowers the Central Government to frame rules by notification in the Official Gazette for effective environmental protection.

Rules may relate to:

a. Standards of air, water and soil quality.

b. Maximum permissible limits of pollutants including noise.

c. Procedures for handling hazardous substances.

d. Restrictions on location of industries.

e. Safeguards for accident prevention and remedial measures.

Judicial Pronouncements

•Jacob v. State of Kerala (AIR 1998 Kerala 214)

Rules necessary for protection of river ecology.

•V. Laxmi Pati v. State of Karnataka (AIR 1992 Kar. 57)

Ban on polluting industries in residential areas upheld.

•Rajendra Kumar Verma v. State of M.P. (AIR 2015 MP 117)

State rules inconsistent with Central rules declared ultra vires.

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Conclusion

Sections 3 to 6 of the Environment (Protection) Act, 1986 confer extensive, flexible and overriding powers on the Central Government. These provisions ensure a balance between environmental protection and developmental needs, reinforcing the constitutional mandate under Article 21.

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FAQs on Powers of Central Government under EPA, 1986

Q1. Which section gives absolute power to Central Government?

Ans- Section 5.

Q2. Can government close industries without court order?

Ans- Yes, under Section 5.

Q3. Is hearing mandatory before closure?

Ans-Yes, as per principles of natural justice.

Q4. Are State rules subordinate to Central rules?

Ans- Yes.

Environment (Protection) Act, 1986 – Objects, Scope and Important Provisions

Environment (Protection) Act, 1986 – Object, Scope and Important Provisions

Introduction:-

The Environment (Protection) Act, 1986 is a comprehensive legislation enacted by the Indian Parliament for the protection, improvement and preservation of the environment. Environmental pollution has become one of the most serious problems of the modern world due to rapid industrialisation and unplanned development. This Act was introduced as a response to growing environmental degradation and to fulfil India’s international obligations.

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Enforcement of the Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 came into force on 12 November 1986.

It was enforced through a notification published in the Official Gazette dated 12 November 1986 vide G.S.R. 1198 (E).

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Scope and Extent of the Act

The Act extends to the whole of India, including the State of Jammu and Kashmir.

Its scope is very wide and it empowers the Central Government to take all necessary measures for the protection and improvement of the environment.

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Background and Need for the Act

Environmental pollution is not only a problem of India but a global problem. Human beings, animals, plants and the entire ecosystem are affected by pollution. Excessive development in the name of industrial growth has caused severe damage to natural and ecological balance.

When the adverse effects of environmental pollution became visible, the issue was first taken up by the United Nations, which convened the Stockholm Conference on Human Environment in 1972. This conference resulted in the adoption of the Stockholm Declaration, considered the Magna Carta of Environmental Protection and Sustainable Development.

India, being a participant, enacted several laws for environmental protection, such as:

•Water (Prevention and Control of Pollution) Act, 1974

•Air (Prevention and Control of Pollution) Act, 1981

•Wild Life (Protection) Act, 1972

•Environment (Protection) Act, 1986

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Objects of the Environment (Protection) Act, 1986

The main objects of the Act are:

1.To prevent environmental pollution

2. To control environmental pollution

3. To abate environmental pollution

4. To protect and improve the environment

5. To save human beings, animals and plants from the harmful effects of pollution

6. To make the earth and atmosphere pollution-free

7. To maintain a balance between development and environmental protection.

In Citizen Consumer and Civic Action Group v. Union of India (AIR 2002 Mad 298), the Court emphasized the need to balance development with environmental protection.

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Constitutional Basis of Environmental Protection

The right to use pollution-free air and water is a basic human right and is included under the Right to Life (Article 21) of the Constitution of India. 

In Raj. Mineral v. State of Gujarat (AIR 2012 NOC 179 Guj.), it was held that the right to clean environment is an essential part of Article 21.

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Important Provisions of the Environment (Protection) Act, 1986

The Act empowers the Central Government to:

•Lay down standards for emission or discharge of pollutants.

•Restrict areas in which industries may be established

•Issue directions for closure or regulation of industries

•Take measures for preventing environmental accidents

•Conduct inspections and establish laboratories

These provisions make the Act a framework legislation for environmental protection.

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Suggestions for Protection of Environment

Environmental protection is not only the responsibility of the government but also of every individual. The following measures may be adopted:

(1) General Remedies-

•Strict enforcement of environmental laws

•Public awareness about environmental protection

•Environmental education

•Adoption of new technologies

•Severe punishment for polluters

(2) Remedies for Prevention of Water Pollution 

•No disposal of waste near water sources

•Industrial sewage should not be discharged into rivers

•Dead bodies should not be immersed in rivers

•Continuous cleaning of water bodies

In Ranganathan v. State of Tamil Nadu (AIR 2016 NOC 185 Mad), the Madras High Court held that protection of lakes and rivers is the duty of the State and public.

In R. Rubawathi v. State of Tamil Nadu (AIR 2016 NOC 51 Mad), it was held that water bodies must be kept free from encroachment.

(3) Remedies for Prevention of Air Pollution

•Industries should be set up away from residential areas

•Tall chimneys should be installed

•Clean surroundings near factories

•Plantation and prohibition on deforestation

•Regular checking of vehicles emitting poisonous gases

(4) Remedies for Prevention of Noise Pollution

•Regulation of vehicle noise

•Use of noise-control devices

•Restriction of heavy vehicles in residential areas

•Ear plugs for factory workers

•Strict compliance with noise control rules

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Conclusion

The Environment (Protection) Act, 1986 is a landmark legislation aimed at safeguarding the environment and ensuring sustainable development. It provides a strong legal framework to prevent environmental degradation and protect public health. Effective implementation, public participation and strict enforcement are essential to achieve the objectives of the Act.

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Frequently Asked Questions (FAQs)

1. Why was the Environment (Protection) Act, 1986 enacted?

- To provide a single, umbrella law for protection and improvement of the environment after the Bhopal Gas Tragedy and to fill gaps in existing laws.

2. What is the scope of the Environment (Protection) Act, 1986?

-It extends to the whole of India and empowers the Central Government to regulate all forms of environmental pollution.

3. Who has the primary power to enforce this Act?

The Central Government. States act only when powers are delegated to them.

4. Can industries be closed under this Act?

-Yes. The Central Government can order closure, prohibition, or regulation of any industry causing environmental pollution.

5. Is the right to a clean environment a fundamental right?

-Yes. The Supreme Court has read the right to a clean and healthy environment into Article 21 of the Constitution.

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Most Important MCQs 

1. The Environment (Protection) Act, 1986 was enacted in response to:

A. Stockholm Conference

B. Rio Declaration

C. Bhopal Gas Tragedy✔️

D. Chipko Movement

2. Which authority has the widest powers under the Environment (Protection) Act, 1986?

A. State Government

B. Pollution Control Boards

C. Judiciary

D. Central Government✔️

3. Under which Article is the right to a pollution-free environment recognized?

A. Article 14

B. Article 19

C. Article 21✔️

D. Article 48A

4. Which of the following powers is available under the Act?

A. Levy environmental tax only

B. Issue directions including closure of industries✔️

C. Advisory role only

D. Regulation of forests only

5. The Environment (Protection) Act, 1986 is best described as:

A. A penal law only

B. A procedural law

C. An umbrella legislation✔️

D. A state-specific law