MODULE V environment and safeguard the forests and wildlife of the

country
Defining environmental crimes: All environmental
legislation breaches which may cause significant harm not What is precautionary principle in environmental law? •
only to the environment but to human health as well • The The precautionary principle states “if a product, an action
list of environmental crimes includes several primary or a policy has a suspected risk of causing harm to the
categories, such as: • Wildlife crimes • Illegal mining • public or to the environment, protective action should be
Pollution crimes • Illegal fishing • Illegal logging • supported before there is complete scientific proof of a
Unpermitted or unauthorized releases into the risk” (Olsen and Motarjemi, 2014). In India, PP= It states
environment • Violation of terms of permits or “where there are threats of serious or irreversible damage,
authorizations • Releases hazardous air pollution • Failure lack of full scientific certainty shall not be used as a reason
to report • False reports • Lying • Cheating • Stealing • for postponing cost-effective measures to prevent
Smuggling. Liable parties to an Envtl crime are Individuals, environmental degradation.” • The Vellore Case: The Court
Officials &Corporations. It can be intentional or accidental accepted the precautionary principle as legally enforceable
i.e, criminal intent principle and elaborated it as: Environmental measures
must anticipate, prevent, and attack the cause of
Environmental Governance: Global Treaties; Regional
environmental degradation.
Agreements; Organizations for Environmental Governance
in India like Government of India and State Governments What is the polluter pay principle in India? • The polluter
and Local Governments; Private Sector and; NGOs pays principle (PPP) simply prescribes that the costs of
pollution should be borne by those who were responsible
Addressing Environmental Issues • Gain Understanding:
for causing it. • In environmental law, the polluter pays
Seek knowledge from external experts and focus groups to
principle is enacted to make the party responsible for
assess environmental risks. Evaluate sectors such as
producing pollution responsible for paying for the damage
mining, chemicals, and oil and gas, which are more
done to the natural environment. • The 'Polluter Pays
susceptible to environmental impacts. • Assess Risks:
Principle' (PPP) is a well-established environmental policy
Evaluate inherent risks and internal control systems.
that places the responsibility on the entity causing
Consider implementing separate control systems like
pollution to bear the costs and liabilities associated with it.
Environment Management Systems (EMS) in high-risk
• In India, the principle was first introduced in 1996,
entities. • Audit Criteria (Financial Audits): Review laws,
despite its earlier international recognition. The Indian
regulations, international agreements, binding standards,
judiciary has played a significant role in interpreting and
contracts, and policy directives. Consider Environmental
upholding the PPP, and it has also been constitutionally
Impact Assessment (EIA) reports for compliance. • Audit
mandated. Evolution and International Recognition: • The
Criteria (Compliance Audits): Examine national,
PPP was first conceptualized in the (Organisation for
supranational, and international laws, binding standards,
Economic Co-operation and Development) OECD Guiding
contracts, and policy directives for compliance. •
Principles and later codified as a general principle of
Substantive Procedures: Assess systems and controls for
international law through the Stockholm and Rio
the collection and utilization of special funds, such as
Declarations. • It became part of customary international
dedicated escrow accounts, to ensure proper use.
law and a crucial aspect of sustainable development. • The
What is the public trust doctrine in the Stockholm Stockholm Declaration in 1972 and the Rio Declaration in
Declaration? • The Stockholm Declaration of the United 1992 explicitly incorporated the Polluter Pays Principle,
Nations on Human Environment has provisions for the emphasizing its importance in environmental protection.
protection of natural resources of the earth like water, air,
Environment Protection Act and Rules, 1986 • The period
flora and fauna, etc… for the present and future
of 1970s experienced an ascend globally in industrialisation
generations by proper planning. • Therefore, it evidences
leading to degradation of the environment at a very high
the Public Trust Doctrine.
pace. • The need was felt for a combined effort towards
Doctrine of public turst in india: • As per the doctrine of environment conservation from all over the world. • The
public trust, it is the duty of the State to protect and result of these combined efforts was The United Nations
preserve natural resources from being eroded and Conference on the Human Environment i.e. The Stockholm
exploited. • This doctrine states that the government must Conference, 1972 from 5 to 16 June 1972. • In India, the
hold these natural resources as trustees for their proper Bhopal Gas Tragedy of 1984 called for urgent legislation in
maintenance and the general welfare of the public. • The the field of environment. • In this background the
Public Trust Doctrine may provide the means for increasing Parliament passed the Environment Protection Act, 1986
the effectiveness of environmental impact assessment and the Environment Protection Rules, 1986.
laws. • Thus, under this doctrine, the state has a duty as a
trustee under art. 48A to protect and improve the
Stockholm Conference, 1972 • The Stockholm Conference, authority can carry out inspections. (S-10) • Power to take
1972 was held from 5 th to 16th June 1972 by The United samples (As per prescribed procedure). (S-11) • Samples
Nations Conference on the Human Environment. • The are tested in environmental laboratories. (S-12)
focus of this conference was the state of the global
Penalties and Punishments • Whoever contravenes the
environment and the relationship between economics,
provisions of the Act- maximum punishment up to 7 years
science and the environment in a political context. • The
and penalty up to Rs. 100,000 or Rs. 5000 per day for
emphasis was on solving environmental problems, but
continued offence. (S-15) • For defaulter Companies or
without ignoring social, economic and developmental
Body Corporates- Directors or partners are prosecuted. (S-
policy factors. • India played a very significant contributory
16) • This Act is also applicable to Government
role in this conference. • This conference laid the
Departments and HOD (head of department) is prosecuted.
foundation of Environmental Legislation in India. • India's
(S-17)
Prime Minister at the time, Indira Gandhi, was the only
foreign head of government out of 113 nations in Umbrella Legislation There are several Rules laid down
attendance. Her speech at the conference was ground- under: • Environment Protection Rules, 1986 • Hazardous
breaking in that it linked environmental conservation with Waste Rules, 1989 (Now 2016) • Bio Medical Waste Rules,
poverty reduction – one of the key principles of the 1998 • Municipal Solid Waste Rules, 2000 • Noise Pollution
Sustainable Development Goals, or SDGs. Rules, 2000 • Ozone Depleting Substances Rules, 2000 •
Battery Waste Rules, 2001 • Plastic Waste Rules, 2011 •
Environment Protection Act, 1986: • The Act came into
Electronic waste Rules, 2011 • There are several
force on Nov. 19, 1986 and extends to the whole of India. •
Notifications issued under EP Act, 1986
The Act was passed to provide for the protection and
improvement of environment and for matters connected National Green Tribunal (NGT) Act 2010 • The
with it. • The Act gives certain powers to the Central Government of India introduced The National Green
Government to take measures for the purpose of Tribunal Bill, 2009, in the Lok Sabha to establish a Green
protecting and improving the quality of the environment Tribunal, a special court dealing with environmental
and to prevent environmental pollution. • The Act is an protection and conservation. • It would operate under the
“umbrella” legislation designed to provide a framework for Supreme Court's jurisdiction, handling civil cases related to
Central Government coordination of the activities of the environment and possessing the power to order relief
various central and state authorities established under and compensation to victims of pollution and
previous laws, such as the Water Act and the Air Act. environmental damage. • The tribunal was officially
launched on October 19, 2010, with Justice Lokeshwar
General Powers of the Central Government. (S-3) • Take all
Singh Panta appointed as its Chairperson. • Before the
necessary measures for environment protection. •
establishment of the Green Tribunal, environmental cases
Coordinate the actions of State Governments. • Lay down
were handled by regular courts, leading to a backlog of
standards of environment quality and pollutants. • Execute
approximately 5000 cases in various High Courts and
nationwide programmes. • Restriction of areas for
District Courts. • The National Green Tribunal Act, 2010,
industries, etc. • Inspecting industrial premises. •
outlines the tribunal's objectives, composition, jurisdiction,
Preparation of manuals, codes or guides.
powers, and procedures. • The Tribunal provides for the
The Central Government may appoint officers and entrust effective and speedy disposal of environment-related
them with such powers and functions as it may deem fit. cases, enforcement of legal rights, and provision of
(S-4) compensation and relief for environmental damage. • With
its inception, India became the third country globally and
The Central Government is empowered to issue directions
the first among developing nations to establish such a
to any person, officer or any authority. (S-5)
tribunal. • The NGT holds jurisdiction over civil cases
The Central Government is empowered to make rules to involving significant environmental issues and has been
regulate environmental pollution on the following matters. endowed with unique powers, including suo motu
(S-6) • the standards of quality of air, water or soil • the authority recognized by the Supreme Court. • It functions
maximum allowable limits of pollutants • the procedures not only as an adjudicatory body but also undertakes
for the handling of hazardous substances • the prohibition preventive, ameliorative, or remedial roles. • The tribunal
and restriction on the location of industries • the is not bound by the procedural constraints of the Civil
procedures and safeguards for the prevention of accidents Procedure Code but is guided by principles of natural
justice and sustainable development. Non-compliance with
Prevention, Control, And Abatement Of Environment its orders can result in penalties, including imprisonment
Protection Act, 1986 • No person/industry is allowed to and fines. • Despite its strengths, the NGT faces several
pollute the environment. (S-7) • Procedures and processes challenges, including limitations in jurisdiction due to
are laid down to control pollution. (S-9) • Monitoring exclusion of certain acts, legal challenges from High Courts,
and criticisms regarding economic repercussions of its
decisions. Resource constraints, non-compliance with
decisions, and a high caseload also impede its functioning.