📖 Book 17 - Chapter 243
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
(.. 1 ..)  
ENVIRONMENT  
QUESTION BANK  
Q.1 What is the environment? Discuss the nature, sources, and effects of environmental  
pollution.  
Q.2  
Define the term “Environment”. Explain the various kinds and effects of  
environmental pollution.  
Q.3.  
Q.4.  
Q.5.  
Q.6.  
Define “Environment’ and ‘Environmental Pollution. State the various factors  
responsible for environmental crises.  
Define “Environment’. State the various kinds and effects of environmental  
pollution.  
What are the different kinds of pollution? State the effect of different kinds of  
pollution.  
Write a detailed note on industrial development and exploitation of nature.  
SHORT NOTES  
1. Sustainable Development.  
TABLE OF CONTENT.  
I]  
ENVIRONMENT MEANING............................................................................................. 3  
ENVIRONMENT DEFINITIONS ....................................................................................... 3  
Ecosystem:- ...................................................................................................................... 4  
Ecology:- ......................................................................................................................... 4  
Biosphere:-....................................................................................................................... 4  
SUSTAINABLE DEVELOPMENT .................................................................................... 4  
OBJECTS OF ENVIRONMENT PROTECTION............................................................... 4  
ENVIRONMENT POLLUTION......................................................................................... 5  
Environmental Pollutant [S.2 (b)] ................................................................................... 5  
Environmental Pollution (S.2(c)) ..................................................................................... 5  
FOLLOWING ARE MAJOR TYPES OF POLLUTION.................................................... 5  
Air Pollution:-................................................................................................................... 6  
Water Pollution:- .............................................................................................................. 6  
Noise Pollution:-............................................................................................................... 6  
Land Pollution:-................................................................................................................ 6  
Radioactive Pollution:-...................................................................................................... 6  
II]  
1)  
2)  
3)  
III]  
IV]  
V]  
1)  
2)  
VI]  
1)  
2)  
3)  
4)  
5)  
VII] CAUSES OF ENVIRONMENTAL POLLUTION ............................................................. 7  
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
A)  
1)  
Natural Causes................................................................................................................. 7  
Population Growth:- .................................................................................................... 7  
Deforestation:-.............................................................................................................. 7  
Indiscriminate Use of Technology:-............................................................................. 7  
Industrial Development:-.............................................................................................. 7  
Urbanization:-............................................................................................................... 8  
Poverty:- ....................................................................................................................... 8  
Unmindful Exploitation of Natural Sources:- .............................................................. 8  
Unrestricted Agricultural Development:-..................................................................... 8  
2)  
3)  
4)  
5)  
6)  
7)  
8)  
SHORT NOTE................................................................................................................................ 8  
SUSTAINABLE DEVELOPMENT............................................................................................... 8  
A)  
1)  
Stockholm Declaration:-................................................................................................... 9  
Right in a Quality Environment................................................................................... 9  
Protection of Natural Resources for Further Generations ............................................ 9  
Capacity of Earth to Produce Vital Renewable Resources must be Maintained........... 9  
Responsibility to Safeguard and Wisely Manage Heritage of Life............................... 9  
Discharge of Toxic Substances etc. must be Halted...................................................... 9  
Present or Future Development Potential must be Enhanced...................................... 10  
Brundtland Commission Report:-.................................................................................... 10  
2)  
3)  
4)  
6)  
7)  
B)  
Caring for the Earth:-............................................................................................................ 10  
Rio-Declaration / Earth Summit:-................................................................................... 10  
C)  
D)  
E)  
Johannesburg Summit:- .................................................................................................. 11  
Kyoto Conference on Global Warming:-........................................................................ 11  
IN INDIA:-.................................................................................................................................... 11  
In Rural Litigation and Entitlement Kendra V/s State of U.P .................................. 11  
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
I]  
ENVIRONMENT MEANING:-  
The term ‘Environment’ is derived from the French term ‘environ’, which means  
“to surround”. The primary concern of the environment subject is to study man’s  
environment. However, man cannot exist in isolation from lives such as the lives of  
creatures and plants. They surround the man. Man and every creature’s very existence  
depends upon the environment. All creatures derive their necessities from the environment,  
i.e. nature. Water, air, soil, forests, animals, etc., are components of nature and are  
necessary for the existence of all creatures. The environment is the life support system for  
all creatures. In general parlance, the term environment is called ‘nature’.  
II]  
ENVIRONMENT DEFINITIONS:-  
We will discuss some of the definitions of the term ‘Environment’:-  
According to the Encyclopedia Britannica:-  
A)  
The expression ‘Environment’ connotes ‘the entire range of external influence  
acting on an organism, both physical and biological and other organisms, i.e. forces  
of nature surrounding an individual’.  
B)  
C)  
According to S.2 (a) of the Indian Environment (Protection) Act 1986:-  
The expression ‘Environment’ includes water, air and land and human beings, other  
living beings, creatures, plants, micro-organisms and property.”  
According to C.C. Park:-  
“Environment refers to the sum total of conditions which surround man at a given  
point in space and time”. The environment comprises both living (i.e. biotic) and  
non-living (i.e. abiotic) components of the planet Earth. The third component of the  
environment is energy. Abiotic (or nonliving) or physical environment may further  
be divided into (i) solid, (ii) liquid, and (iii) gas.  
To understand the complex concept of environment, we must know the following  
concepts, viz.-  
   
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
1)  
Ecosystem:-  
An assemblage of animals and species of plants existing in a common area and  
affecting each other is called a ‘biotic community’. The assemblage of such biotic  
communities constitutes an ecosystem. The number of such ecosystems that occur in  
similar climates and share similar characteristics and arrangements of vegetationare called  
biomes. Arctic, Tundra, Desert, etc., are some examples of Biomes.  
According to the United States Council on Environmental Quality, “the  
interdependence of living and non-living parts, i.e. man, animals, plants, forests, lakes, etc.,  
make an ecosystem”.  
The ecosystem is functional and is not constant. A small change occurring in one  
part of the ecosystem is felt throughout the system. However, the system seeks to maintain  
stability as far as possible.  
2)  
Ecology:-  
Ecology is the study of ecosystems to determine how they are organised, how the  
creatures within them interact, and how total systems function.  
The dictionary definition of Ecology is a ‘branch of biology dealing with relations  
of living organisms to their surroundings, their habits, modes of life, etc. '  
3)  
Biosphere:-  
‘Biosphere’ is a life-supporting layer which surrounds the earth and makes plant  
and animal life possible. It is that part of the earth and atmosphere that living beings inhabit.  
The biosphere consists of all living organisms (i.e. biotic component), physical  
environment (i.e. abiotic component) and energy component. In other words, it is the sum  
of all the earth's ecosystems.  
III]  
SUSTAINABLE DEVELOPMENT:-  
In environmental law, meeting the present day's needs without compromising the  
future generation's ability to meet their own needs is called ‘sustainable development’.  
In Karnataka Industrial Area Development Board V/s C. Kenchappa1  
The High Court issued directions to the concerned authority to leave one kilometre  
of the green zone from the village limits to maintain ecological equilibrium.  
However, the Supreme Court, in appeal, quashed the directions.  
However, today, it is very important to stress sustainable development. We will find  
the number of directions the Supreme Court issued to protect the environment. [See in  
Note]  
IV]  
OBJECTS OF ENVIRONMENT PROTECTION:-  
1 AIR 2006 sc 2038  
           
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
A good environment is necessary for the survival of human beings, other creatures,  
plants, etc.. The Very existence of all beings depends upon the quality of the environment  
it surrounds. A good environment is necessary for the all-round development of human  
beings. It is because a man needs unpolluted air to breathe, uncontaminated water to drink,  
nutritious food to eat and hygienic conditions to live in. These things are essential for  
survival.  
Contamination in these things affects human development to the fullest extent.  
Nowadays, all these necessities for survival, i.e., air, water, food, etc., are polluted. Due to  
pollution, we face serious environmental problems like acid rain, global warming, water  
and air pollution, the extinction of many species of plants and animals, biodiversity loss,  
and ozone depletion.  
Contamination of the life support system has caused physical problems and  
diseases. Environmental pollution is a big threat to the quality of human life and the lives  
of all creatures.  
Therefore, there is a serious need to protect the environment.  
V]  
ENVIRONMENT POLLUTION:-  
The word ‘pollution’ is derived from the Latin term “pollute”. So the word “pollute”  
means to spoil, to make foul, to make unclean, or to make impure. According to the  
International Law Association, ‘pollution’ means any introduction by man, directly or  
indirectly, of substance or energy into the environment resulting in deleterious effects of  
such a nature as to endanger human health, harm living resources, ecosystems and material  
property, and impairs amenities or interferes with other legitimate uses of the environment.  
The environment surrounds man. Man’s life depends upon the environment. Water,  
air, and soil are the fundamental necessities for living beings. Men started exploiting  
natural resources for their own use. However, after the Industrial Revolution in the 19th  
Century, men started exploiting natural resources madnessly for their own development,  
affecting the environment adversely by environmental pollution.  
70% of India’s population drinks polluted water; fertilizers (chemicals) are used in  
farming for more yield, forcing men to eat poison. Industries, vehicles, atomic wastes, etc,  
pollute the air and atmosphere.  
1)  
Environmental Pollutant [S.2 (b)]:-  
Environmental pollutant means any solid, liquid or gaseous substance present in  
such concentration may be or tend to be harmful to the environment.  
Environmental Pollution (S.2(c)):-  
2)  
It means the presence of any environmental pollutant in the environment.  
FOLLOWING ARE MAJOR TYPES OF POLLUTION:-  
VI]  
       
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
1)  
Air Pollution:-  
Air is very important for human survival. Humans and all creatures cannot survive  
for a few minutes without air. However, today, we find that the air is polluted greatly. Air  
pollution is mainly caused by smoke and gases released from factories and motor vehicles.  
It harms human life and the lives of all creatures. In addition, it creates many diseases.  
2)  
Water Pollution:-  
Another important element for the survival of all creatures is the water.  
Water covers about one-third of the earth’s surface. “Water Pollution” means ‘such  
contamination of water or such alteration of the physical, chemical or biological properties  
of water or such discharge of any sewage or trade effluent or any other liquid, gaseous or  
solid substance into water (whether directly or indirectly) as may be, or is likely to, create  
a nuisance or render such water harmful or injurious to public health or safety, or domestic,  
commercial, industrial, agricultural or other legitimate uses, or to the life and health of  
animals or plants or of aquatic organisms’.  
3)  
Noise Pollution:-  
Noise is an unwanted sound. There are numerous sources of noise pollution. Such  
pollution can be classified as (i) Industrial and (ii) non-industrial. Industrial sources include  
noise generated by various industries operating in and outside the cities. At the same time,  
non-industrial sources include noise from vehicles, the use of loudspeakers, construction  
work, aircraft, railways, etc.  
4)  
Land Pollution:-  
Land or soil is yet another very important element for the life of all creatures. It is  
the basis of all human activities, such as agriculture, forestation, mining, transportation,  
housing, industry and commerce. A decrease in land quality is either caused by accelerated  
soil erosion, deforestation, excessive use of chemical fertilisers, pesticides, insecticides and  
herbicides, polluted wastewater from industrial and urban areas, forest fires, or dumping  
of urban and industrial solid wastes, etc.  
5)  
Radioactive Pollution:-  
Certain elements, like radium, uranium, etc., emit invisible effects known as  
radiation. The emission of these invisible radiations is called radioactivity.  
These radiations are biologically harmful. In addition, these radioactive substances  
emit gamma rays, which are very harmful to living beings. Nuclear power plants, testing  
of atom bombs, dumping of nuclear wastes, nuclear products in laboratories, hospitals  
using radioactive materials, etc., are the factors of radioactive pollution.  
Several laws have been passed in India, and Conventions have taken place at the  
International level to protect the environment from pollution. The important among them  
         
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
are the Environment (Protection) Act 1986, The Water Prevention and Control of Pollution  
Act 1974, The Air Prevention And Control Of Pollution Act 1981, the Wild Life Protection  
Act 1972, and The Insecticides Act 1968.  
VII] CAUSES OF ENVIRONMENTAL POLLUTION:-  
Causes of pollution and environmental degradation are of two types viz.  
A)  
Natural Causes:-  
Droughts, floods, cyclones, earthquakes, molten lava from a volcano, hurricanes,  
twisters, torrents, and epidemics are the leading natural causes of environmental pollution.  
Since man has no control over these causes, we are least concerned with them in this  
subject. We are concerned with man-made factors of environmental pollution and measures  
to control them.  
B)  
Man-Made Causes:-  
The following are some of the main man-made factors responsible for causing  
environmental pollution, viz.  
1)  
Population Growth:-  
‘The Earth is finite, and the world population is infinite’. Each new life consumes  
many natural and non-natural products that are also ultimately provided after exploiting  
natural resources. The world’s population is increasing continuously, thereby pressuring  
natural resources and creating social, physical and psychological problems. An increase in  
population means more consumption of coal, diesel, petrol, iron, etc., consequently  
creating environmental pollution.  
An increase in population is the root cause of many evils that create pollution. These  
evils include poverty, deforestation, urbanisation, industrialisation, chemical farming, etc.  
2)  
Deforestation:-  
Forests are a valuable, useful property bestowed by nature to humankind. The  
forests improve rainfall and allow maximum recharge of groundwater. In addition, it  
provides for the needs of mankind and animals. However, for its necessities, man has  
started madness exploiting forests, thereby increasing deforestation and creating  
environmental problems.  
3)  
Indiscriminate Use of Technology:-  
Indiscriminate technological development is detrimental to the environment.  
Excessive utilization of natural resources and their misuse lead to serious ecological  
imbalances; it even creates problems with dumping electric and other technological wastes.  
4)  
Industrial Development:-  
The rapid growth of industrialisation resulted in the enormous exploitation of  
natural resources. Industrialisation caused deforestation, decreased groundwater levels,  
           
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
carbon dioxide emission, carbon monoxide and other toxic gases.  
5) Urbanization:-  
Unplanned urbanisation is one of the main reasons for pollution. The migration of  
the population for want of employment and education from rural areas to urban centres has  
caused the population explosion in urban areas. Urbanisation ultimately leads to pollution.  
6)  
Poverty:-  
Poverty causes more damage to the environment. It is because poor people exploit  
natural resources excessively to meet their needs relating to food, fuel, shelter, fodder for  
cattle, etc.  
7)  
Unmindful Exploitation of Natural Sources:-  
Lack of awareness about preserving nature and the environment leads to unmindful  
exploitation of natural resources. It damages the environment.  
8)  
Unrestricted Agricultural Development:-  
Unrestricted agricultural development and excessive use of chemicals and fertilisers  
pollute the soil. Moreover, the quest to acquire more land causes deforestation, creating a  
severe environmental imbalance.  
****  
SHORT NOTE  
SUSTAINABLE DEVELOPMENT  
SYNOPSIS  
A)  
Stockholm Declaration:-  
1) Right in a quality environment  
2) Protection of natural resources for further generations  
3) Capacity of the earth to produce vital renewable resources must be  
maintained  
4) Responsibility to safeguard and wisely manage the heritage of life  
5) Nonrenewable resources must be guarded  
6) Discharge of toxic substances etc. must be halted  
7) Present or future development potential must be enhanced  
Brundtland Commission Report:-  
B)  
C) Rio Declaration / Earth Summit  
D)  
E)  
Johannesburg Summit  
Kyoto Conference on Global Warming  
The term ‘Sustainable Development is the development of mankind without  
damaging the environment.  
The Brundtland Commission Report defines Sustainable Development as  
           
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
“development that meets the needs of the present without compromising the ability of  
future generations to meet their own needs.”  
We have a good environment due to our forefathers' proper or sustainable use of  
natural resources. Similarly, we must also be modest in exploiting natural resources to  
benefit future generations.  
The term sustainable development was used in the Cocoyoc Declaration on  
Environment and Development 1970.  
The concept of sustainable development became impetuous through different  
international summits and declarations.  
We will discuss some of them as follows:-  
A)  
Stockholm Declaration:-  
The Stockholm Declaration of 1972 enunciated several principles for boosting the  
concept of sustainable development.  
We will discuss some of its principles as follows-  
1)  
Right in a Quality Environment:-  
Man has a fundamental right to freedom, equality and adequate conditions of life in  
an environment of a quality that permits a life of dignity and well-being. Man is solemnly  
responsible for protecting and improving the environment for present and future  
generations.  
2)  
Protection of Natural Resources for Future Generations:-  
The earth's natural resources, including the air, water, land, flora and fauna, and  
especially representative samples of ecosystems, should be safeguarded for the benefit of  
the present and future generations by careful planning and management.  
3) The capacity of Earth to Produce Vital Renewable Resources must be  
Maintained:-  
The earth's capacity to produce vital renewable resources must be maintained and,  
wherever practicable, restored.  
4)  
Responsibility to Safeguard and Wisely Manage Heritage of Life:-  
Man has a special responsibility to safeguard and wisely manage the heritage of life  
and its habitat.  
5) Nonrenewable Resources must be Guarded:-  
Nonrenewable resources of the earth must be employed in such a way as to guard  
against the danger of their future exhaustion. It should ensure that all mankind shares the  
benefits of such employment.  
6)  
Discharge of Toxic Substances, etc., must be Halted:-  
Discharge of toxic or other substances and the release of heat in such quantities or  
           
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
concentrations as to exceed the environment's capacity must be halted. It must be halted to  
ensure that serious or irreversible damage is not inflicted upon the ecosystem.  
7)  
Present or Future Development Potential must be Enhanced:-  
The environmental policies of all States should enhance and not adversely affect the  
present or future development potential of developing countries, nor should they hamper  
the attainment of better living conditions for all.  
The declaration further made provisions for rational planning for sustainable  
development, the application of such planning to human settlement, the application of  
technology to avoid environmental risks, the spreading of environmental awareness, etc.  
B)  
Brundtland Commission Report:-  
The General Assembly of the United Nations established the ‘World Commission  
on Environment and Development in 1983, which is also known as the' Brundtland  
Commission. '  
The report brought the concept of sustainable development into everyday use. It also  
defined and clarified the concept of suitable development. According to the report,  
sustainable development integrates economics and ecology into decision-making at all  
levels. Sustainable development is a strategy that integrates conflicted goals of economic  
development and ecological integrity.  
The report stresses setting up goals for economic and social development.  
The report developed principles of the world ethic of sustainable development. In its report,  
the Commission enunciated general principles, rights and responsibilities for  
environmental protection and sustainable development.  
Caring for the Earth:-  
The World Conservation Union and the Wildlife Fund jointly produced the  
document ‘Caring for the Earth’, a strategy for sustainable living, in 1991, which also  
contributed to spreading awareness about sustainable development worldwide.  
C) Rio Declaration / Earth Summit:-  
The United Nations Conference on Environment and Development was held in June  
1992 in Rio de Janeiro. It was the largest conference ever, and over 150 countries  
participated; therefore, it is also called an ‘earth summit’.  
The object of the Summit was to awaken the whole world to the environment and  
to put it on the path of sustainable development. The Summit heralded the need for  
sustainable development and commitment to protecting the environment.  
The Summit adopted the ‘Rio Declaration’, which contains 27 principles that seek  
to guide the behaviour of all nations towards more environmentally suitable development  
patterns.  
       
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
The Summit also undertook the most comprehensive and far-reaching programme,  
Agenda 21.  
The agenda emphasised international cooperation to achieve the goal of sustainable  
development.  
Agenda 21 is a comprehensive document that outlines the basis for action,  
objectives, activities, and means of implementing its principles.  
D)  
Johannesburg Summit:-  
The United Nations organised a ten-day world summit on sustainable development  
in Johannesburg (South Africa) in 2002. The Summit was popularly known as “Earth  
Summit Plus Ten.”  
The Summit stressed the need to fight poverty and protect the global environment.  
Furthermore, the member States are committed to building a humane, equitable, and caring  
global society that is cognizant of the need for human dignity for all.  
The Summit adopted a declaration known as the “Johannesburg Declaration on  
Sustainable Development”.  
E)  
Kyoto Conference on Global Warming:-  
In Kyoto (Japan) the Kyoto Summit to reduce global warming was held in 1997.  
One hundred fifty-nine member countries attended the Summit.  
The Summit adopted a protocol requiring industrialised nations to reduce their  
average annual emissions of six greenhouse gases: carbon dioxide, methane, CFCs, etc.  
Thus, global awareness of sustainable development is increasing due to international  
efforts.  
IN INDIA:-  
There is a lot of environmental protection awareness and effort at the government  
level. Non-government organisations also play a vital role in environmental protection.  
However, the judiciary's role in protecting the environment and sustainable development  
is remarkable.  
In Rural Litigation and Entitlement, Kendra V/s State of U.P2  
Facts- Protection of forests from mining activities was important for consideration  
before the Hon’ble Supreme Court.  
Held:- Mining activities in the forest, which cause ecological imbalance, need to  
be  
stopped because trees are significant for rain and the purification of the air.  
The Hon’ble Supreme Court and High Courts have decided to favour sustainable  
2 AIR 1988 SC 2187  
         
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“Law Master’s Publications”  
‘Environment’  
Prof. Santosh D. Bhosale  
development through several public interest litigations.  
*****  
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