Transcript Inspiration Rain

Environmental
Pollution:Concerns & Judicial
Pronouncements
Powerpoint Templates
CS
Disha Kant
1
Environment :
"environment" includes water, air
and land and the inter- relationship
which exists among and between
water, air and land, and human
beings, other living creatures, plants,
micro-organism and property
Powerpoint Templates
2
Pollution
:
• "environmental pollution" means the
presence in the environment of any
environmental pollutant;
• "environmental pollutant" means any
solid, liquid or gaseous substance present
in such concentration as may be, or tend
to be, injurious to environment;
Powerpoint Templates
3
Basics of Environmental Protection
in India :
• The
UN
Conference
on
Human
Environment and Development held at
Stockholm and ‘Stockholm Declaration on
the Human Environment' 1972
• 42nd amendment incorporated Article 48A
and Article 51A (g) in the Constitution.
• Article 48A the states are under the ‘active
obligation' that it shall endeavour to protect
and impose the environment.
• Article 51A (g) -duty to protect and
improve the environment. Article 51A (g) is
not law and, a fortiori, not supreme law.
Powerpoint Templates
4
LEGAL DEVELOPMENTS
:
•
Water (Prevention and Control of Pollution) Act,
1974
•
Air (Prevention and Control of Pollution) Act,
1981
•
Environment Protection Act, 1986
•
The Public Liability Insurance Act, 1991,
•
The National Green Tribunal Act, 2010
•
Other than these
– Rules
– policies
Powerpoint Templates
5
What is the need??
Powerpoint Templates
6
Judicial Trend & Environment
L.K. Koolwal v State of Rajasthan 1988
Rajasthan HC have issued mandamus directing Jaipur
Municipal Corporation to clean certain areas of the city.
Rural Litigation and Entitlement Kendra, Dehradun v.
State of Uttar Pradesh 1985
RLEK approached SC through letter alleging illegal
mining of limestone in eco fragile region of
Dehradun.SC treated it as writ petition. Right to an
unpolluted environment was recognised as integral
part of right to life. Court has treated its duty to forbid
all actions from upsetting the ecosystem
Powerpoint Templates
7
DARE TO MESS :
SUSTAINABLE DEVELOPMENT
Powerpoint Templates
8
Violating the Sustainable
Development
•Industrial Accident is one of the major
causes of violation of Rule of sustainable
development.
•Who is liable?
Powerpoint Templates
9
Corporate Environmental
liability
No Fault liability
Or
Rule of Rylands v Fletcher
Liability without any fault, to the situations when a person may be
liable for some harm even though he is not negligent in causing the
same, or there is unintentional harm, or sometimes he may have
made some positive efforts to prevent the same, liability in such
situation rests on a person engaging in an ultra hazardous activity
from which injury to others is likely to result, notwithstanding his
reasonable care should pay for the damage..This is the Rule of strict
liability or the Rule of Rylands v Fletcher.
However, this rule applies only to non-natural user of land and is
subject to some exceptions.
Powerpoint Templates
10
Oleum Gas leak Case
M.C. Mehta and Another v. Union of India and others.
On the question of liability of an enterprise engaged in
hazardous activities, that an enterprise which is engaged
in hazardous or inherently dangerous activity and an
industry which poses a potential threat to the health and
safety of the persons working in the factory and of those
residing in the surrounding area owes an absolute and
non-delegatable duty to the community to ensure that no
harm results to any one on account of an hazardous or
inherently dangerous nature of the activity which it has
undertaken.
SC took a bold initiative and evolved the concept of
‘Absolute Liability’
Powerpoint Templates
11
“Polluters Pay” and
“Precautionary Principle”:
Indian Council for Enviro - Legal Action v. Union of India,
"The Polluter Pays" principle
"Once the activity carried on is hazardous or inherently
dangerous, the person carrying on such activity is liable to
make good the loss caused to any other person by his
activity irrespective of the fact whether he took reasonable
care while carrying on his activity. The rule is premised
upon the very nature of the activity carried on".
The "Polluter Pays" principle as interpreted by the Court
means that the absolute liability for harm to the
environment extends not only to compensate the victims
of pollution but also the cost of restoring the
environmental degradation.
Powerpoint Templates
12
Vellore Citizens Welfare Forum v Union of India
"The Precautionary principle”
In simple terms mean environmental measures to
anticipate, prevent the causes of environmental
degradation“.
In these two cases court has accepted that the "Polluter
Pays" principle and the Precautionary principle are
essential features of “Sustainable Development”
Powerpoint Templates
13
Opportunity Lost
BHOPAL
GAS
TRAGEDY
Powerpoint Templates
14
Liability:
Powerpoint Templates
15
Liability Established:
•
•
•
•
•
•
•
In 2010, these were found guilty & convicted
Non-Executive Chairman
Managing Director
Vice president
Manager
Production manager
Production assistant
Powerpoint Templates
16
Public Liability Insurance
•
•
•
•
The Public Liability Insurance Act, 1991,
Liability to give Relief
Imposes no fault liability on the owner to give relief in
case of death or injury to any person or damage to any
property, resulting from an accident occuring while
handling any hazardous substance..
Compulsory Insurance requires owner to take out one or
more insurance policies, before starting the handling of
hazardous substance. Such insurance policy should
provide for contract of insurance, whereby he is insured
against liability to give relief under Section 3(1) of the
Act. The amount of insurance policy should not be less
than the amount of paid up capital of the undertaking
handling any hazardous substance and more than the
amount, not exceeding rupees fifty crore, as may be
Powerpoint Templates
prescribed.
17
Green Tribunal
• The National Green Tribunal Act, 2010
National Green Tribunal to Settle Dispute of
questions arises out of the implementation of
the enactments specified in following
enactments:
– The Water (Prevention and Control of Pollution) Act,
–
–
–
–
–
–
1974;
The Water (Prevention and Control of Pollution) Cess
Act, 1977;
The Forest (Conservation) Act, 1980;
The Air (Prevention and Control of Pollution) Act, 1981;
The Environment (Protection) Act, 1986;
The Public Liability Insurance Act, 1991
The Biological Diversity Act, 2002
Powerpoint Templates
18
Thank You
Disclaimer Clause: Views expressed in this presentation
views of the author do not necessary reflect those of the
Institute.
Powerpoint Templates
19