“Law Master’s Publications”
‘Historical Perspective of Environment’
Prof. Santosh D. Bhosale
13
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HISTORICAL PERSPECTIVE OF ENVIRONMENT AND POLLUTION
QUESTION BANK
Q.1. “India has a long tradition of protecting and worshipping nature”- Explain in the
context of Dharma of the environment.
Q.2. In India, what is the traditional environment?
SHORT NOTES
1. Dharma of environmental protection.
SYNOPSIS
Table of Contents
IV) Important Cases on Environment Protection:-....................................................................... 15
1) In M.C. Mehta V/s Union of India ...................................................................................... 15
2) Indian Council for Enviro-Legal Action V/s Union of India .............................................. 16
3) In Municipal Council, Ratlam V/s Vardhichand................................................................. 16
4) In M.C. Mehta V/s Union of India ...................................................................................... 16
5) Ganga Pollution Case .......................................................................................................... 17
6) In Sriram Foods and Fertilizer Industries V/s Union of India............................................. 17
7) In The Bhopal Gas Leak Disaster Case............................................................................... 18
I]
ENVIRONMENT PROTECTION IN ANCIENT INDIA.
Living in harmony with nature was the practice and principle of the people in
ancient India. It was regarded as a sacred duty of every person to protect plants, trees,
earth, sky, air, water, animals etc. The Hindu scriptures, like Vedas, Upanishads, Smiritis,
etc, are discovered by Sages and saints in the surrounding nature. They gave importance
to nature. Therefore, trees, animals, hills, mountains, rivers, etc., are worshipped as a
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‘Historical Perspective of Environment’
Prof. Santosh D. Bhosale
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reverence to nature. The Hindu scriptures directed man to respect nature and the natural
environment. Many verses in Vedas are devoted to respect for air, water, ether, fire, and
earth. These elements of nature were worshipped like God. Acting against these was
regarded as a sin.
Many flowers and trees are associated with God and Goddesses, considering
their importance (medical, etc) in human life. The Lotus is associated with Laxmi, Banyan
with Brahma, Ashoka with Buddha, Kadamb with Krishna, etc. Therefore, with God and
Goddesses, these flowers and trees were worshipped. Plantation of trees was encouraged,
treating it virtuously. Destruction of forests was considered the most dangerous for the
nation and human beings. We will find detailed directions in Charak Samhita for the
protection of the environment.
The protection of animals, birds, etc., was treated as a sacred duty for Hindus. Hindu
Gods and Goddesses have animals and birds as their mounts. such as the Lion is the mount
of Durga, Wild goose is the mount of Brahma, the Elephant of Indra, the Bull of Shiva, the
Rat of Ganesha, Swan of Saraswati, Eagle of Vishnu, etc.; therefore, with God and
Goddesses, their mount were also worshipped. Ahimsa (non-violence) was the basic tenet
of the Hindu religion.
We will find a number of principles for the protection of the environment in
Kautilya’s Arthasastra. Even the great King Ashoka had directed the protection of nature
and the planting of trees. The great King Chhatrapati Shivaji Maharaj had great respect for
nature; therefore, he directed his soldiers and officers not to cut trees yielding fruits for the
construction of vessels, etc. He directed the use of dead trees or less useful trees for vessel
construction with the permission of the concerned owner. According to him, fruit trees
should not be cut because a person plant them for the next generation even though he
himself cannot eat them.
Thus, Hindu scriptures, teachings, and the conduct of Sages, Saints, and great Kings
show respect for nature and underline the importance of protecting the environment.
In fact, all religions emphasize the importance of protecting the environment. Thus,
Buddhists, Muslims, and Jainism also preach this. for the protection of the environment.
Studies show that India has a great tradition of worshipping and protecting nature. These
religions have cast the duty (i.e. the dharma) on its followers to respect and protect nature.
Therefore, it has been said that the ‘culture and religions of the world can provide a solid
foundation for changing people’s attitudes on preserving and conserving the environment”.
II]
ENVIRONMENT PROTECTION DURING THE BRITISH RAJ.
The British did not enact specific legislation protecting the environment until 1860.
In 1860, a number of sections were inserted in the Indian Penal Code to prohibit damage
“Law Master’s Publications”
‘Historical Perspective of Environment’
Prof. Santosh D. Bhosale
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to the environment. The Indian Easement Act of 1882 is another piece of legislation
protecting the environment.
III]
Enactments after Independence:-
We will find several enactments made in independent India for the protection of the
environment, viz.
1) Constitution of India
2) Environment Protection Act 1986
3) The Water (Prevention and Control of Pollution) Act 1974
4) The Air (Prevention and Control of Pollution) Act.1981
5) Code of Criminal Procedure, 1973.
6) The National Environmental Tribunal Act 1995
7) The National Environment Appellate Authority Act 1997
8) The Wild Life (Protection) Act 1972
9) The Indian Forest Act.1927
10) The Forest (Conservation) Act.1980
11) The Noise Pollution (Regulation and Control) Rules, 2000
12) The Public Liability Insurance Act.1991
13) The Mines and Minerals (Regulation and development) Act.1957
14) The Insecticides Act.1968
15) The Atomic Energy Act.1962
16) The Factories Act.1948
17) The Disaster Management Act.2005
Apart from this number of legislations, the Supreme Court and various High Courts
in India have played an important role in protecting the environment through a number of
its decisions, directions, PILs, etc.
IV) Important Cases on Environment Protection:-
1)
Facts:- A writ Petition was filed before the Supreme Court seeking directions to
cinema exhibition halls and Television to exhibit slides containing information and
messages on environmental protection.
The Supreme Court held that people’s participation in environmental
protection is very important. Therefore, the Supreme Court issued the following
directions to the Central Government: i) to provide mass awareness through slide shows
and radio and TV for environmental protection.
ii) ‘Environment’ is to be made a
1 AIR 1992 SC 382
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compulsory subject in schools and colleges.
2)
Facts: - Chemical Industries in an Industrial area of Bichhri village in Rajasthan
devastated the environment by discharging untreated toxic chemicals
and sludge
Supreme Court held that- it can direct under writ jurisdiction to the Central
government to recover the cleanup cost of sludge, etc, from the polluter
3)
Facts: Environmental pollution in Ratlam affected a large community of poor
people. The cases of pollution were of different types, such as private polluters, slack,
under-financed enforcement agencies, etc.
The Supreme Court held:- That a public nuisance exists in a locality due to an open
drain, a heap of dirt, pits and public excretion. by humans for want of lavatories and
consequential breeding of mosquitoes, the court under S. 133 of the CR. P.C. can require
the Municipality to abate the nuisance by taking affirmative action on a time-bound basis.
4)
(Popularly known as “Taj Mahal Case)
Facts:- According to the petitioner M.C. Mehta, the foundries, chemical/hazardous
industries, and the refinery at the Mathura were the major sources of damage to the Taj
Monument. The sulphur dioxide emitted from the Mathura Refinery and the industries,
when combined with oxygen with the aid of moisture in the atmosphere, forms sulphuric
acid called ‘Acid rain’. The acid rain has a corroding effect on the gleaming white marble.
Industrial emissions, brick kilns, vehicular traffic and generator sets are primarily
responsible for polluting the ambient the air around the Taj Trapezium Zone. As a result,
the white marble has yellowed and blackened in places. The decay is more apparent inside
the Taj.
Petitioners sought immediate directions to stop air pollution in the Taj Trapezium
Zone and to save the Taj Mahal.
The Supreme Court observed that the Taj, apart from being a cultural heritage, is an
industry by itself. More than two million tourists visit the Taj every year, and it is a source
of revenue for the country. Therefore, the Supreme Court ordered the relocation of 292
polluting industries from the Taj Trapezium Zone to other suitable places if they were
unable to adapt appropriately to modern environmental measures.
2 1996 (5) SCC 201
3 AIR 1980 SC 2
4 AIR 1997 SC 734
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5) Ganga Pollution Case
In 1985, Advocate M.C. Mehta filed a writ petition under S. 32 of the Constitution.
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He requested by the writ to the Supreme Court to order Governmental authorities and
tanneries. at Jajmau in Kanpur to stop polluting Ganga with sewage and trade effluents.
The court bifurcated this petition into two different petitions, viz.
Court ordered to close the tanneries of Jajmau near Kanpur
Polluting the Ganga River.
wherein it was alleged that the municipalities and other authorities
have failed to discharge their duties for the protection of the
environment. The Court directed the Kanpur Nagar Mahapalika to
present its proposal for effective prevention and control of water
pollution within 6 months. The Court also directed the Mahapalika
of Kanpur to get the dairies shifted outside the city.
6)
(Popularly known as Oleum Gas Leak case)
the Supreme Court to order to shift a unit of Shriram Foods and Fertilizer from the
thickly populated area of Delhi. However, while the petition was pending, on 4th
December 1985, Oleum gas leaked from one of the units of the Shriram Foods and
Fertilizers Industry, thereby resulting in the death of one person and causing panic in the
locality.
The Supreme Court Observed:- That the rule of Rylands V/s. Fletcher was
developed a long time ago, and therefore, it is inadequate to meet the needs of modern
industrial society. In modern times, hazardous or inherently dangerous industries are
necessary. Therefore, the Court laid down a new rule which was yet not recognised by
English Courts, i.e. “where an enterprise is engaged in a hazardous or inherently
dangerous activity and harm results to anyone, on account of an accident in the operation
of such hazardous or inherently dangerous activity, (escape of toxic gas etc.), the
enterprise is absolutely liable to compensate all those who are affected by accident and
5 M.C. Mehta v. Union of India AIR 1988 SC 1037
6 M.C. Mehta v. Union of India AIR 1988 SC 1115
7 (1986) 1 Comp L.J 25 (SC)
8 AIR 1987 SC 965
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‘Historical Perspective of Environment’
Prof. Santosh D. Bhosale
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such liability is not subject to any of the exceptions which operate the principle of strict
liability under the rule of Ryland V/s. Fletcher. The Court ordered a deposit of a certain
amount to compensate the victim and to cover the proposed danger.
7)
Facts: - In 1984, on the night of December 2, a mass disaster, the worst in recent times,
was caused by the leakage of Methyl-Iso-Cyanide and other toxic gases from the
company named ‘Union Carbide India Ltd.’ at Bhopal. About 4000 people died, and
about two lakhs were seriously injured.
However, the Court did not apply M. C. Mehata’s principle because there was no
finality to the decision due to the settlement arrived between the Union Carbide Company
and the Central Government for full and final settlement of all claims for 470 million US
dollars.
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Union Carbide Corporation v. Union of India AIR 1992 SC 248