ENVIRONMENTAL LAW: HUMAN RIGHTS PERSPECTIVE

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This article is written by Gitesh Jain (Environmental Law: Human Rights Perspective), Amity University, Rajasthan.

Abstract

Environmental conservation and human rights are inextricably linked, and mutually responsive, as both are geared towards humanity’s prosperity. A safe and healthy environment is required for the fulfilment of fundamental human rights. The connection between these two approaches can be seen in various international and provincial instruments, the goals of the UN subsidiary association, the outcome documents of international conferences, and the judicial profession of tribunals, which regard the human rights framework as a successful way to achieve climate protection goals. Despite the obvious link, most organizations, governments, and even the academic world have considered human rights violations and environmental deterioration as independent issues. Environmentalists have generally focused on natural resource protection while ignoring the human consequences of environmental degradation. Numerous human-driven activities, such as industrialization, urbanization, and the massive abuse of natural resources harming the climate, have resulted in numerous genuine repercussions on a massive scale, including Global Warming, drought, flood, environmental Refugees and migration, health issues, and Ozone Depletion. Such concerns encompass not only environmental factors, but also political, social, and economic factors, necessitating the integration of the two approaches to address the issues more fully. As a result of considering these two methods separately, survivors of environmental degradation are unprotected by laws and procedures designed to redress human rights violations. Linking human rights and climate change creates a rights-based approach to environmental conservation that prioritizes those harmed by environmental degradation.

Articulating the fundamental rights of people groups in relation to climate change establishes the freedom to secure such rights through human rights bodies in international debate, just as public tribunals do.

As a result, the Indian judiciary’s commitment to climate protection and providing solutions for victims of environmental harm by employing a right-based approach to environmental protection is an unmistakable example of how the framework of human rights can contribute to climate protection and the actual presence of humanity. The concept of sustainable development is used to connect these approaches since it includes three interrelated measurements: environmental, economic, and social. The current investigation is intended to show the relationship between environmental protection and human rights approaches by researching instruments, initiatives done by environmental and human rights authorities, and judicial declarations issued by various tribunals.

It also examines how far the component of human rights is effective in providing solutions for the victims of environmental degradation and providing better global climate protection.

INTRODUCTION

Environmental law refers to a set of laws, regulations, and policies that are designed to protect the environment and natural resources from damage caused by human activity. These laws are typically enforced by government agencies at the local, state, and national levels.

Environmental laws cover a wide range of issues, including air and water pollution, hazardous waste disposal, wildlife protection, and the preservation of natural resources such as forests, oceans, and wetlands. The goal of environmental law is to balance economic development with environmental protection, ensuring that both can coexist in a sustainable way.

Some of the key environmental laws in the United States include the Clean Air Act, Clean Water Act, Endangered Species Act, and National Environmental Policy Act. These laws provide a framework for addressing environmental issues, setting standards for emissions and pollution control, and establishing penalties for violations.

Environmental law is a rapidly evolving field, as new technologies and scientific understanding of environmental issues continue to emerge. As such, it is an area of law that requires ongoing attention and adaptation to ensure that it remains effective in protecting the environment and natural resources.

Without a question, the environment is critical to human existence and survival. Yet, as time passed, humans began to exploit the environment for their own gain, self-centeredness, and voracity. Human brutality to the environment can be seen in deforestation, pouring waste into rivers or lakes, garbage on land, growing contamination, and abuse of natural resources. However, humanity has recognized its significance as a result of the merciless effects of environmental deterioration and the passage of time. Additionally, the UN made its very first formal step in 1972, when it arranged a summit in Stockholm (Sweden) from June 5 to June 16. It was an uncommon and remembrance venture towards the Environment, and even presently, the world celebrates 5 June as World Environment Day.

HISTORICAL BACKGROUND

The history of environmental laws can be traced back to the late 19th century when concerns about the impact of industrialization on the environment began to emerge. One of the earliest laws passed was the Rivers and Harbors Act of 1899, which aimed to protect water quality and prevent pollution of waterways.

In the United States, the modern environmental movement was sparked by the publication of Rachel Carson’s book “Silent Spring” in 1962, which highlighted the dangers of pesticides and their impact on wildlife and human health. This led to the passage of several key laws, including the Clean Air Act of 1963, the Wilderness Act of 1964, the National Environmental Policy Act of 1969, and the Clean Water Act of 1972.

The United States Environmental Protection Agency (EPA) was also established in 1970, with a mandate to protect human health and the environment. Other countries soon followed suit, with the establishment of similar agencies and the passage of environmental laws.

In the decades since, environmental laws have continued to evolve and expand, as new concerns have emerged and the impact of human activities on the environment has become increasingly apparent. Today, environmental laws cover a wide range of issues, from air and water quality to biodiversity conservation and climate change mitigation.

ENVIRONMENTAL LAWS AS A HUMAN RIGHTS

Environmental laws can be seen as human rights because they are designed to protect human health and well-being by safeguarding the environment in which we live. A healthy environment is essential to the realization of many fundamental human rights, including the right to life, health, food, water, and a clean and healthy environment.

In fact, the United Nations has recognized the right to a healthy environment as a fundamental human right. The UN Human Rights Council, in its resolution 37/8, declared that “everyone has the right to live in an environment free from pollution, degradation and destruction,” and called on States to take effective measures to protect this right.

Environmental laws also play an important role in promoting social justice, as they often aim to address the unequal distribution of environmental harm and benefits among different communities. For example, environmental laws can be used to prevent environmental racism, which refers to the disproportionate burden of environmental pollution and degradation on marginalized communities, such as low-income communities and communities of color.

These are some unmistakable laws for the Environment. The world has seen a few gatherings and meetings at the international level concerning and offering priorities to the Environment. A portion of the main meetings are:

Stockholm Conference, 1972
Brundtland Commission
Rio Earth Summit (Agenda 21), 1992.
Johannesburg Summit 2002.
Rio+ 20(2012)

The essential aim of these was sustainable development. Indeed, the Rio+ 20(2012) gave the three pillars of sustainable development. These were:

Economic Progress
Social Progress
Environmental Protection.

NEED OF ENVIRONMENTAL LAWS IN INDIA

India is a rapidly developing country with a population of over 1.3 billion people. This has resulted in increased pressure on natural resources and a rise in environmental degradation. As a result, the need for environmental rights in India has become more pressing than ever before. Here are some reasons why:

Protection of the environment: Environmental rights ensure that individuals and communities have the right to live in a clean and healthy environment. It provides legal protection against environmental degradation caused by industrial activities, deforestation, mining, and other harmful activities.
Conservation of natural resources: Environmental rights also ensure the conservation of natural resources like forests, rivers, and other ecosystems. This is essential to maintain the ecological balance and biodiversity of the country.
Climate change: India is one of the countries most affected by climate change. Environmental rights can help in mitigating the impacts of climate change by promoting sustainable development practices and reducing greenhouse gas emissions.
Health and wellbeing: Environmental pollution and degradation have a direct impact on human health and wellbeing. Environmental rights can protect individuals and communities from the harmful effects of pollution and ensure access to clean water, air, and food.
Sustainable development: Environmental rights can promote sustainable development by ensuring that economic growth and development do not come at the cost of the environment. It encourages the use of renewable energy, sustainable agriculture practices, and green technologies.

Overall, the need for environmental rights in India is critical to ensure a sustainable future for the country and its people.

PROVOSIONS OF ENVIRONMENTAL LAWS IN INDIA

India has several laws and regulations in place to protect the environment and promote sustainable development. Some of the key provisions of environmental laws in India are:

The Water (Prevention and Control of Pollution) Act, 1974 – This act seeks to prevent and control water pollution by regulating the discharge of pollutants into water bodies.
The Air (Prevention and Control of Pollution) Act, 1981 – This act aims to prevent and control air pollution by regulating the emission of pollutants from industries and vehicles.
The Environment (Protection) Act, 1986 – This act provides for the protection and improvement of the environment and the prevention of hazards to human beings, other living creatures, plants, and property.
The Wildlife Protection Act, 1972 – This act provides for the protection of wildlife and their habitats, and regulates hunting, poaching, and trade in wildlife.
The Forest (Conservation) Act, 1980 – This act seeks to conserve forests and wildlife by regulating diversion of forest land for non-forest purposes.
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 – These rules provide for the safe management and disposal of hazardous and other wastes and regulate their transboundary movement.
The National Green Tribunal Act, 2010 – This act provides for the establishment of a specialized court, the National Green Tribunal, to hear and dispose of cases related to environmental protection and conservation.

These are just some of the key provisions of environmental laws in India. There are several other laws and regulations that govern different aspects of environmental protection and conservation in the country.

THE MAIN ACTS FOR ENVIRONMENT PROTECTION IN INDIA

The Forest Conversation Act, 1980.
The Prevention of Air and Water Pollution, 1974, 1981 (The Central Pollution Control Board) (CPCB) was constituted under this act.
The Air Prevention and Control of Pollution, 1981.
The Atomic Energy Act, 1982.
The Environmental Protection Act, 1986. (It came into force soon after the Bhopal Gas Tragedy)
The Environmental Conservation Act, 1989.
The National Environmental Tribunal, 1995.
National Environmental Appellate Authority Act, !997.
National Environment Management Act (NEMA), 1998.
Handling and Management of Hazardous Waste Rule in 1989.
The Public Liability Insurance Act (Rules and Amendment), 1992.
The Biomedical Waste Management and Handling Rules, 1998.
The Environment (Siting for Industrial Projects) Rules, 1999.
The Municipal Solid Waste (Management and Handling) Rules, 2000.
The Ozone Depleting Substance (Regulation and Control) Rules, 2000.
The Biological Diversity Act, 2002.

INDIAN CONSTITUTION’S STANDS UPON TOPIC

The Indian Constitution recognizes the importance of environmental protection and conservation as a fundamental duty of every citizen. The Constitution of India includes several provisions that provide for the protection of the environment and the promotion of sustainable development.

The Constitution of India contains several provisions related to the environment, including Article 48-A, which directs the State to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51-A(g) also imposes a fundamental duty on every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.

In addition to these provisions, the Indian government has enacted several laws and regulations to protect the environment, such as the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act, the Environment (Protection) Act, and the Wildlife Protection Act. These laws provide for the prevention and control of pollution, conservation of natural resources, and protection of wildlife and their habitats.

Furthermore, the Indian judiciary has also played a crucial role in protecting the environment by interpreting and enforcing environmental laws. The Supreme Court of India has given several landmark judgments in environmental cases, such as the Vellore Citizens Welfare Forum v. Union of India case, which held that the polluter pays principle should be applied in cases of environmental damage.

Overall, the Indian Constitution and environmental laws recognize the importance of protecting the environment and promote sustainable development. However, there is still much work to be done to address environmental challenges in India, such as air and water pollution, deforestation, and climate change.

LANDMARK JUDGEMENTS

There are many landmark cases related to environmental laws. Such of these are:

M.C. Mehta v. Union of India (1986):

This is a landmark case in India’s environmental jurisprudence. The case is also known as the “Oleum Gas Leak Case.” The case was filed by M.C. Mehta, an environmental activist, in response to a gas leak from a factory in Delhi, which resulted in several deaths and injuries.

The Supreme Court, in its judgment in 1987, ordered the closure of hazardous industries located in residential areas and directed the authorities to take strict action against the industries that violate pollution control laws. The court also directed the central and state governments to take measures to prevent future industrial accidents.

The judgment also laid down the principle of “absolute liability,” which holds that hazardous industries engaged in inherently dangerous activities must bear the burden of liability for any harm caused by their activities, irrespective of whether the harm was caused by their negligence or not. The judgment further stated that the right to a pollution-free environment is a fundamental right under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.

The Oleum Gas Leak case is significant as it led to the strengthening of India’s environmental laws and the establishment of the principle of “absolute liability.” The case also set a precedent for public interest litigation related to environmental issues in India.

M.C. Mehta v. Kamalnath (1997):

This is a significant landmark judgment in India’s environmental jurisprudence. The case is also known as the “Taj Trapezium Case.” The case was filed by M.C. Mehta, an environmental activist, in response to the degradation of the Taj Mahal due to pollution. The Taj Trapezium is an area around the Taj Mahal that covers five districts in Uttar Pradesh and one in Rajasthan.

The Supreme Court, in its judgment in 1996, ordered the closure of polluting industries in the Taj Trapezium Zone and directed the authorities to take strict action against the industries that violate pollution control laws. The court also directed the central government to constitute a task force to monitor the implementation of its orders.

The court further directed the state governments to take measures to control vehicular pollution and ordered the installation of pollution control equipment in industries. The judgment also required the establishment of an environmental laboratory in Agra to monitor pollution levels.

The Taj Trapezium case is significant as it laid down the principle of “precautionary principle” and “polluter pays” principle. The “precautionary principle” holds that if an activity or a product has the potential to cause harm to the public or the environment, in the absence of scientific consensus, the burden of proof falls on those who propose the activity or the product. The “polluter pays” principle holds that the polluting industries must bear the costs of pollution control and restoration.

Vellore citizens welfare forum v. Union of India (1996):

This is a landmark case in India related to environmental protection.

In this case, the Vellore Citizens Welfare Forum, a non-governmental organization, filed a writ petition in the Madras High Court against the Union of India and other government agencies, alleging that the discharge of untreated effluents from a number of tanneries in Vellore was causing severe pollution and damage to the environment and public health.

The Court ordered the closure of the tanneries that did not comply with environmental regulations and directed the tanneries to take measures to prevent pollution. The Court also directed the Central Pollution Control Board to carry out regular monitoring of the tanneries and the surrounding environment.

This case established the principle of ‘polluter pays’ in India, meaning that the polluter should bear the cost of restoring the damage caused to the environment. It also highlighted the importance of public participation in environmental protection, as the Court noted that the Vellore Citizens Welfare Forum had an important role to play in bringing the issue to the attention of the Court and in monitoring the implementation of its orders.

Overall, the Vellore Citizens Welfare Forum v. Union of India case had a significant impact on environmental law in India and set a precedent for future cases involving environmental protection.

T.N. Godavarman Thirumulpad v. Union of India (1996):

This is a landmark case related to environmental protection in India. In this case, the petitioner T.N. Godavarman Thirumulpad, an environmental activist, filed a writ petition in the Supreme Court of India to seek a ban on the felling of trees in forests throughout India.

The Court, in its judgment, recognized the importance of forests as an ecological resource and a natural heritage of the country. It directed the central and state governments to take steps to protect forests and to constitute a committee to oversee the implementation of its orders. The Court also prohibited the diversion of forest land for non-forestry purposes, such as mining or industrial development, without the prior approval of the Forest Advisory Committee.

This case established the concept of “Public Trust Doctrine” in India, which holds that natural resources such as forests, air, and water are held in trust by the state for the people and must be protected for their benefit. It also emphasized the need for judicial intervention in protecting the environment, especially in cases where government agencies have failed to take appropriate action.

The T.N. Godavarman Thirumulpad v. Union of India case has been instrumental in shaping India’s environmental jurisprudence and has been cited in numerous other cases related to environmental protection.

A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999):

This is a significant environmental case in India, related to the regulation of hazardous wastes.

In this case, the Andhra Pradesh Pollution Control Board had issued an order for the closure of a hazardous waste treatment plant owned by Prof. M.V. Nayudu, citing violations of environmental regulations. Nayudu challenged the order in the Andhra Pradesh High Court, which upheld the closure order.

Nayudu then appealed to the Supreme Court of India, which ultimately held that the closure order was justified. The Court held that the management of hazardous waste was a matter of public interest and that strict compliance with environmental regulations was necessary to protect public health and the environment. The Court also held that the “precautionary principle” must be followed in matters of environmental protection, meaning that in cases of uncertainty, measures must be taken to prevent environmental harm.

The A.P. Pollution Control Board v. Prof. M.V. Nayudu case had significant implications for the regulation of hazardous waste in India. It emphasized the importance of strict compliance with environmental regulations and the need for public participation in environmental decision-making. It also highlighted the principle of “polluter pays,” meaning that those responsible for environmental harm must bear the costs of remediation.

CONCLUSION

Humans require the environment, and they should keep this in mind as they continue on their path of ostensible growth. Development does not imply environmental destruction or compromise. Persons must realize their duties to the environment, its relevance to their survival, and, as a result, strive on sustainable development in the absence of widespread abuse of their environmental variables. It is also the responsibility of the state to carry out national and international laws on the ground in their domains. The government should review its policies on a regular basis and document their impact on society and the environment. They should implement new programs, laws, and guidelines in their states to progress the situation, and they should focus on raising awareness.

It is stated that where there is a right, there is a responsibility, and it is a human’s right to use climate for inspiration, and it happens, but it is also a duty to work for the climate, and around then humans become quiet. Human rights may be safeguarded when our current situation is protected, and when climate change occurs, humans may also suffer due to the proximity of both.

Interest for a pollution-free environment within the scope of human rights arose as a greater degree by the nations of the south against the industrialized north nations because their monetary development is dependent on massive removal of waste materials in air, water, and land, which is a reasonable breach of the fundamental right of helpless nations.

Currently, there is an extremely pressing need to take drastic measures to protect the environment and natural resources. If we need to protect our current situation, we must be obligation towards not right.

REFERENCES