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Environment

Environment law introduction Indian ethics and tradition

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81 views8 pages

Environment

Environment law introduction Indian ethics and tradition

Uploaded by

Sneha Yadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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EnvironmEnt – mEaning, EnvironmEntal Ethics – indian

tradition
The ‘Environment’ is very important for us to understand because it constitutes our surroundings and affects our
ability to live on the earth. It comprises of the air we breathe, the water that covers most of the earth’s surface, the
plants and animals around us, and much more. It is therefore, very important to understand and apprecaite the
importance of ‘environment’ in our daily life. In recent years, scientists have been carefully examining the various
ways by which people affect the ‘Environment’. They have found that we are causing air pollution, deforestation, acid
rain, and other problems that are dangerous both to the earth and to ourselves. The Government in the last few
decades has shown keen interest in protecting and promoting the environment and consequently enacted various
Environmental Laws.

mEaning oF EnvironmEnt
The word ‘environment’ is derived from the French word ‘environner’, which means ‘to encircle’ or to surround. The
most suitable definition of environment is as follows:

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.

The geographical meaning of environment is as follows:

It is a combination of living and non-living things and their mutual interaction with each other which leads to an
ecosystem.

The environment encompasses all living and non-living things occurring naturally on earth. The Honourable Supreme
Court has the following definition of ‘environment’:

“Environment” is a difficult word to define. Its normal meaning relates to the surroundings, but obviously, that is
a concept which is relatable to whatever object it is, which is surrounded. Environment is a polycentric and
multifaceted problem affecting the human existence.

Today protection of ‘environment’ is a global issue as it concerns all countries irrespective of their size, stage or
development or ideology. Today, the interaction between society and nature is so extensive that the question of
environment has assumed large proportions, affecting humanity at large.

Environment functions

(1) Provides the supply of resources

• The environment offers resources for production.

• It includes both renewable and non-renewable resources.

• Examples: Wood for furniture, soil, land, etc.

(2) Sustains life

• The environment includes the sun, soil, water, and air, which are essential for human life.

• It sustains life by providing genetic and biodiversity.

(3) Assimilates waste

• Production and consumption activities generate waste.

• This occurs mostly in the form of garbage.

• The environment helps in getting rid of the garbage.


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(4) Enhances the quality of life

• The environment enhances the quality of life.

• Human beings enjoy the beauty of nature that includes rivers, mountains, deserts, etc.

• These add to the quality of life.

EnvironmEntal Ethics – indian tradition


Environmental ethics is a branch of ethical thought that focuses on the relationship between humans and
their natural environment. It is a holistic approach to understanding and evaluating our moral obligations to
protect and preserve the environment. Environmental ethics seeks to bring together the interests of both
humans and the environment, recognizing that both are interdependent and have intrinsic value.
A variety of ethical theories, including consequentialism, utilitarianism, and virtue ethics, define
environmental ethics. These ethical theories provide a framework for understanding the moral obligations
we have to the environment and how we should act to protect it. Environmental ethics also draws upon the
fields of philosophy, economics, ecology, and law, providing a comprehensive approach to understanding
and evaluating the moral implications of human actions.
Types of Environmental Ethics
• Libertarian Extension: Libertarian extension is a type of environmental ethics that focuses on an
individual’s right to do whatever they want with the environment and its resources. This concept
also stresses that an individual should not impose their own values on others and should instead
respect the choices of others.
• Ecological Extension: Ecological Extension is a type of environmental ethics that focuses on
preserving the natural environment and its resources in order to maintain the balance and health of
the ecosystem. This concept stresses the importance of humans working with nature in order to
sustain it for future generations.
• Conservation Ethics: Conservation Ethics is a type of environmental ethics that focuses on
preserving natural resources for future generations by ensuring that current resources are not
depleted or damaged beyond repair. This concept encourages individuals to use natural resources
responsibly and judiciously so there will be enough for future generations.
In short, Libertarian extension promotes an individual’s right to use natural resources, Ecological Extension
encourages humans to work with nature, and Conservation Ethics emphasizes sustainable use of natural
resources. Each of these types of environmental ethics has its own benefits and should be taken into
account when considering how to best protect the environment.
Importance of Environmental Ethics
• Environmental ethics is essential for protecting the environment, species, and resources.
• It promotes sustainable practices and encourages people to become more aware of the impact their
actions have on the environment.
• It emphasizes the interconnectedness of all living things and the need to respect them. It
encourages us to think about our place in the world and how we can contribute to preserving the
natural environment.

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• Environmental ethics helps to build better relationships with nature, recognizing its intrinsic value,
not just its instrumental value.
• It encourages us to think beyond our immediate needs and consider the long-term implications of
our actions.
• It teaches us responsibility towards our environment, advocating for environmentally friendly
practices that help protect natural resources.
• Environmental ethics also promotes better public policies and laws, which help ensure that our
environment is properly cared for.
Examples of Environmental Ethics
One example of environmental ethics in action is using renewable energy sources. Renewable energy
sources are sources of energy that are naturally replenished and can be used without depleting natural
resources. Examples of renewable energy sources include solar, wind, and hydropower. Renewable energy
sources are seen as an ethical choice, as they do not cause pollution or deplete finite resources.
Principles of Environmental Ethics
1. Respect for the intrinsic value of nature: Nature should not be treated as a commodity or resource
to be exploited and discarded.
2. Interdependence of species and ecosystems: Humans depend on nature and natural systems. We
must recognize our role in preserving and protecting the environment.
3. Ecological sustainability: We must strive to use resources responsibly and with an eye to preserving
ecosystems and biodiversity.
4. Human responsibility: We are responsible for our own actions and decisions and their
consequences for the environment.
5. Human equity: We must strive for a just world where the rights and needs of humans, animals, and
plants are respected and protected.
6. Precautionary principle: We should take precautions against environmental harm, even when
scientific evidence is inconclusive.
7. Right to know: Individuals have the right to access information about environmental issues.
8. Right to participate: Citizens have the right to participate in environmental decision-making
processes.

indian tradition
“Sarve Bhavantu Sukhinah Sarve Santu Nirmayah”
May all be sinless and all experience happiness
Our age old traditions teach us to live in peace and harmony with nature and to conserve it, as we all are
creatures of one creator , and we don't have any right to harm, any of the living being in any manner as
they are also one of the creations made by the almighty, this is taught to us since the very beginning of our
civilization but as the civilization progressed we forgot everything and started thinking that we are the

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master of nature and everything in this world is made for us and we can utilize it, at any cost , as and when
require, this is against our ethics and moral values.
Since Vedic times the main motto of social life was to live in harmony with nature .Sages, saints and great
teachers of India lived in forests, mediated and expressed themselves in the form of Vedas, Upanishads,
Smritis and Dharma .Thus we can imply that all the divine thoughts and literature which served as ideal for
living life and taught guidelines how to live life came up when these saints and great thinkers were in touch
with the nature. This literature of Olden times preached in one form or the other a worshipful attitude
towards plants, trees, mother earth, sky (akash),air (vayu), water(jal) and animals and to keep benevolent
attitude towards them. It was regarded a sacred of every person to protect them. The Hindu religion
enshrines a respect for nature, environmental harmony and conservation. It instructed man to show
reverence of divinity in nature. Therefore trees, animals, hills, mountains, rivers are worshiped as symbol of
reverence to these representative sample of nature. A perusal of Hindu religious scriptures reveal that the
principles.
1. to respect nature and protect it,
2. Non violence is the dharma of highest order (Ahinsa parmo dharma) one should be non violent towards
animals, trees and other organisms.
3. Hinsa was considered as sin therefore not eating of meet in Hinduism is considered both as conduct and
a duty.
Purity of thought and expression, and cleanliness of the environment around us should be observed .All
lives, human and non-human including trees are of equal value and all have same right to existence. It
shows that the principle of sanctity of life is clearly ingrained in Hindu religion. As Hindu religion is the
oldest religion and is of divine origin and we don't know from where it originated but we can derive
inference that it would have developed slowly and slowly in due course of time as man progressed. Man
since the time immemorial knew the importance of nature, the things which helped him in progressing and
he knew if we want to progress further we would require these things, so he related them to God and then
slowly it became a practice.
Therefore different names given to different factors constituting environment:
▪ Lord Surya- Sun ,
▪ Vayu Devta -Lord of Winds,
▪ Agni devta - Lord of fire,
▪ Prithvi mata-Mother Earth,
▪ Vanya Devi-Goddess of Forests, etc
Therefore cutting of trees was considered as sin as elements of nature were to be respected and regarded
as gods and goddesses.
Rig Veda , Manusmriti , Charak Samhitaha emphasize on purity of water and healing and medicinal values
of water. Because of those injunctions of system of maryada developed in Indian Society to keep clean and
wholesome.
In Current scenario people have forgotten their age old traditions of living in harmony with nature and
conserving natural environment and natural resources. In the mad rush for industrialization and industrial
development we are forgetting the importance of environment. Earlier man coexisted with nature like
other creatures but slowly he started thinking that whole universe is meant for man and he is the master of
whole universe. Previously he cared for the environment in which he lives in because he had place in his
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heart for everything and he was sensitive towards other organism but as civilization progressed the
sensitive attitude of man towards nature started deteriorating and he had totally forgotten the importance
of nature and he though is well aware of the fact that Industrialization brings with it problems of
environmental pollution but doesn't at all wants to understand this simple fact.

EnvironmEntal ProtEction
Environmental protection is a practice of protecting the natural environment at individual, organizational or
governmental levels, for the benefit of the natural environment and humans. Due to the pressures of
population and technology, the biophysical environment is being degraded, either partilly or permanently.
This has been recognized, and governments have begun placing restraints on activities that cause
environmental degradation. Since the 1960’s, movements for the protection of environment have created
awareness about the various environmental issues. There is no agreement on the extent of environmental
impact on human activity, and protection measures are occasionally criticized.
Academic institutions now offer courses such as environmental laws, environmental studies, environmental
management and environmental engineering, that teach the history and methods of environment
protection. Waste production, air pollution, and loss of biodiversity (resulting from the introduction of
invasive species and species extinction) are some of the issues related to environmental protection.
Environmental protection is influenced by three interwoven factors: environmental legislation, ethics and
education. Each of this factor plays its part in influencing national-level environmental decisions and
personal-level environmental values and behaviors. For environmental protection to become a reality, it is
important for societies to develop each of these areas.
The Principles of Environmental Protection
o There are three fundamental principles of environmental protection:
o The precautionary principle: This principle states that if an activity has the potential to cause harm
to the environment, then steps should be taken to prevent that harm even if there is no clear
evidence that the activity is damaging.
o The polluter pays principle: This states that the party responsible for causing pollution should be
held responsible for cleaning it up.
o The public right to know the principle: This principle states that the public has a right to know about
any potential threats to the environment and what is being done to address them.
NEED FOR PROTECTION OF ENVIRONMENT
❖ The need for protection of environment can eailsy be understood from the following facts:
❖ One billion people in the world have no clean water
❖ Two billion people have inadequate facilities of sanitation
❖ One and a half billion people (mostly in large cities of newly industrialized countries) breathe air
that is dangerously unhealthy and so on.
❖ The human beings as well as animals need clean food and water, and in order to have clean food
and water, it is necessary to protect the ecosystem that make survival possible. If we do not stop
pollution, it is sure that the world will come to an end.
LEGAL MECHANISM IN RELATION TO ENVIRONMENT PROTECTION

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‘Environmental Law’ is an instrument to protect and improve the environment and to control or prevent
any act or omission polluting or likely to pollute the environment. An environmental legal system is
essentially a set of laws and administrative rules which regulate the relationships and conflicts between all
the people concerned with the environment, as well as defining the relationships between people and the
environment itself. The Honourable Supreme Court in 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. In the Constitution of India, it is clearly stated
that it is the duty of the 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). 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.
The goals of Environmental Protection
✓ There are three main goals of environmental protection:
✓ To protect human health: This is the most important goal of environmental protection because
humans cannot survive without a healthy environment.
✓ To protect ecosystems: Ecosystems are the foundation of life on Earth, and they provide many
benefits to humans, such as clean air and water, food, and fiber.
✓ To promote sustainable development: Sustainable development is a development that meets the
needs of the present without compromising the ability of future generations to meet their own
needs.

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indian constitUtion and EnvironmEntal ProtEction

The constitution of India is not an inert but a living document which evolves and grows with time. The specific
provisions on environment protection in the constitution are also result of this evolving nature and growth potential
of the fundamental law of the land. The preamble to our constitution ensures socialist pattern of the society and
dignity of the individual. Decent standard of living and pollution free environment is inherent in this. The
Environment (Protection) Act, 1986 defines environment as “environment includes water, air and land and the
interrelationship which exists among and between air, water and land and human beings, other living creatures,
plants, micro-organism and property”.

The chapter on fundamental duties of the Indian Constitution clearly imposes duty on every citizen to protect
environment. Article 51-A (g), says that “It shall be 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.”

The Directive principles under the Indian constitution directed towards ideals of building welfare state. Healthy
environment is also one of the elements of welfare state. Article 47 provides that the State shall regard the raising of
the level of nutrition and the standard of living of its people and the improvement of public health as among its
primary duties. The improvement of public health also includes the protection and improvement of environment
without which public health cannot be assured. Article 48 deals with organization of agriculture and animal
husbandry. It directs the State to take steps to organize agriculture and animal husbandry on modern and scientific
lines. In particular, it should take steps for preserving and improving the breeds and prohibiting the slaughter of cows
and calves and other milch and draught cattle. Article 48 -A of the constitution says that “the state shall endeavor to
protect and improve the environment and to safeguard the forests and wild life of the country”.

The Constitution of India under part III guarantees fundamental rights which are essential for the development of
every individual and to which a person is inherently entitled by virtue of being human alone. Right to environment is
also a right without which development of individual and realisation of his or her full potential shall not be possible.
Articles 21, 14 and 19 of this part have been used for environmental protection. According to Article 21 of the
constitution, “no person shall be deprived of his life or personal liberty except according to procedure established by
law”. Article 21 has received liberal interpretation from time to time after the decision of the Supreme Court in
Maneka Gandhi vs. Union of India, (AIR 1978 SC 597).

Article 21 guarantees fundamental right to life. Right to environment, free of danger of disease and infection is
inherent in it. Right to healthy environment is important attribute of right to live with human dignity. The right to live
in a healthy environment as part of Article 21 of the Constitution was first recognized in the case of Rural Litigation
and Entitlement Kendra vs. State, AIR 1988 SC 2187 (Popularly known as Dehradun Quarrying Case). It is the first
case of this kind in India, involving issues relating to environment and ecological balance in which Supreme Court
directed to stop the excavation (illegal mining) under the Environment (Protection) Act, 1986. In M.C. Mehta vs.
Union of India, AIR 1987 SC 1086 the Supreme Court treated the right to live in pollution free environment as a part
of fundamental right to life under Article 21 of the Constitution.

Excessive noise creates pollution in the society. The constitution of India under Article 19 (1) (a) read with Article 21
of the constitution guarantees right to decent environment and right to live peacefully. In PA Jacob vs. The
Superintendent of Police Kottayam, AIR 1993 Ker 1, the Kerala High Court held that freedom of speech under article
19 (1)(a) does not include freedom to use loud speakers or sound amplifiers. Thus, noise pollution caused by the
loud speakers can be controlled under article 19 (1) (a) of the constitution. Article 19 (1) (g) of the Indian
constitution confers fundamental right on every citizen to practice any profession or to carry on any occupation,
trade or business. This is subject to reasonable restrictions.

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A citizen cannot carry on business activity, if it is health hazards to the society or general public. Thus safeguards for
environment protection are inherent in this. The Supreme Court, while deciding the matter relating to carrying on
trade of liquor in Cooverjee B. Bharucha Vs Excise commissioner, Ajmer (1954, SC 220) observed that, if there is
clash between environmental protection and right to freedom of trade and occupation, the courts have to balance
environmental interests with the fundamental rights to carry on any occupations. Public Interest Litigation under
Article 32 and 226 of the constitution of India resulted in a wave of environmental litigation.

The leading environmental cases decided by the Supreme Court includes case of closure of limestone quarries in the
Dehradun region (Dehradun Quarrying case, AIR 1985 SC 652), the installation of safeguard at a chlorine plant in
Delhi (M.C. Mehta V. Union of India, AIR 1988 SC 1037) etc.

In Vellore Citizens Welfare Forum vs. Union of India (1996) 5 SCC 647, the Court observed that “the Precautionary
Principle” and “the Polluter Pays Principle” are essential features of “Sustainable Development.”

At local and village level also, Panchayats have been empowered under the constitution to take measures such as soil
conservation, water management, forestry and protection of the environment and promotion of ecological aspect.
Environment protection is part of our cultural values and traditions.

In Atharvaveda, it has been said that “Man’s paradise is on earth; this living world is the beloved place of all; It has
the blessings of nature’s bounties; live in a lovely spirit”.

Earth is our paradise and it is our duty to protect our paradise. The constitution of India embodies the framework of
protection and preservation of nature without which life cannot be enjoyed.

The knowledge of constitutional provisions regarding environment protection is need of the day to bring greater
public participation, environmental awareness, environmental education and sensitize the people to preserve
ecology and environment.

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