Environment Protection

Author: Rose, Bharati Vidyapeeth University, New Law College, Pune

The rapid growth of global warming, obstruction of natural resources and unauthenticated increase in rupturing the living particles present in the environment has brought a discrete number of negative impacts on the environment and is vigorously growing into a natural hazard for every living being present in the allocation of our surroundings.

The degradation of the environment through surfeit of perilous activities have brought down the natural extent to a bleak point which is causing abundance of problems to all the human beings, plants, animals as well as nature itself. Calamities like deforestation, pollution like water, air, soil etc. have submerged the essence of the environment into an unsatisfactory level of proclamation that is a destructive parameter for all. 

This article constitutes about the various measures to be taken into consideration for the amelioration of the environment which in kin to its protection. This article also talks about the legal perspectives present for the betterment or protection of the environment which is a key aspect that has to be put in points. The research methodology which has been used to construct the article is doctrinal i.e. references from books, statutes, and papers present for information has been considered as well. The main findings of the article are the protection needs and policies or legal framework presented by the legislation for the amelioration of the environment. The mere findings or the analogy which has been constituted for the allocation of the environment protection has also been discussed simultaneously. 

Keywords – Environment, Environment Protection, Global Warming, Natural Resources, Natural Hazardous, Degradation, Deforestation, Pollution, Legal Perspective, Research Methodology, Doctrinal Research, Legislative View. Etc. 

Aim of the Article

• The article has been constituted with an aim of identifying the causes and protection required for the development of the Environment.

• The article also discussed all the legal provisions constructed by the legislature and the need for which is required for the protection of the environment. 

“Environment” (1) a state where living or non-living beings exist. A natural space which consists of land, plants, organisms, animals, etc. which constitutes life is an environment. Like a house where we live by making a proper protected environment or place where we compose a surrounding which is beneficial for our living; similarly, our environment: a place where every biotic or abiotic thing lives has to be safeguarded accordingly. The concept of environment protection comes into picture, which is the practice of preserving and restoring the natural world to ensure a sustainable future for all living beings. The planet is confronted with serious environmental issues due to swift industrial growth, deforestation, and pollution, such as climate change, the destruction of habitats, and a decline in biodiversity. Safeguarding the environment is essential not only as a duty but also as a crucial step to preserve ecological stability and ensure resources are available for generations to come. 

The environment has always been a concern for humanity. Environmental philosophy originated with the ancient Greeks and was later developed by other great civilizations like China and India. Growing knowledge of the ecological catastrophe has led to a rise in environmental concern in more recent times. In its paper "The Limits to Growth" (1972), the think tank Club of Rome was one of the first to alert the globe to the risks posed by pollution and overpopulation.

Setting aside places where people would not damage the environment was seen as the greatest method to preserve nature in the early days of environmentalism. In the United States, this strategy—known as preservation—was greatly aided by the National Park Service's founding in 1916.

When worries about how humans were harming the environment started to grow in the 1960s, the contemporary environmental movement had its start. Governments all throughout the world started enacting environmental protection laws in response to these worries. For instance, the Environmental Protection Agency (EPA) was founded in the United States in 1970.

• To ensure the proper amalgamation of sustainable development and afford protection to the natural resources present in the surroundings.

•  To diminish the waste or squander the natural entities by the means of human degradation.

• To safeguard human health and well-being of humans as well as plants and animals.

• To signify the preservation of the ecosystem and its fallacies.  

Environment protection signifies the proper functioning of the natural resources present in the surroundings as well as act as a safety measure for all the biotic and abiotic means. The proper maintenance of the environment is done by the act persuaded by our legislature the Environment Protect Act, 1986. The act constitutes proper measures which are present for the upliftment of the surrounding as well has to maintain a proper ecosystem which is required for the actual functioning of nature.  

The Environment Protection Act, 1986 is a statutory body present for the protection and amalgamation of all the natural resources and to maintain the proper autotrophy of the human king. 

There are other statutes present for the guidance of the environment; such as the Constitution of India, The Water (prevention and control of pollution) Act, 1974, The Air (prevention and control of pollution) Act, 1981, The Wildlife Protection Act, 1972, etc. 

The legal perspectives lay light on the laws laid down by the legislative body to determine the legal views and Acts which has to be presented for the precaution of certain points of environment protection which have to be constituted accordingly for the betterment of the ecosystem and natural resources. 

The act is stated as an umbrella act for the proper planning and executing of large-scale strategies for the protection of the environment rather than pin-pointing on certain parts. It acts as a coordinated axis between the Central Body, State Body and the Other Local Authorities that are signified under other legislative bodies.  

There are 4 chapters and 26 sections under the ambit of the Environment Protection Act, 1986 which talks about the planning and strategies upheld for the development and protection of the environment. Section 2(a) of the act defines ‘Environment’, Section 2(b) defines ‘Environmental Pollutants’ & Section 2(c) defines ‘Environmental Pollution’. 

Section 3 laid down the power of the Central Government to make measures for the proper protection and improvement of the environment. 

Section 6 talks about the rules to regulate the environmental pollution which consist (sub sections from a to f). 

 Section 15 talks about the penalties provided for the contravention of the provisions laid down under the act.

Section 25 regulates the power to make laws for the protection of the environment by the Central Government. Along with Section 26 of the Act, signifies about the rules made under this Act to be laid before Parliament. 

The sections followed under the Environment Protection Act, 1986 regulates the functioning of the environment in a way which has to be guided accordingly by the authorities. The sum up of the provisions under the Act- Section 3, 4, 5, 6, 10, 11, 20, 23 & 25; talks about the power and function of Central Government, Section 7 & 8 regulates the prevention, control & abatement of environmental pollution. Section 15, 16, 17 talks about the penal provisions under the Environment Protection Act. 

Constitution of India along with Environment Protection 

The protection and improvement of the environment is a constitutional mandate. The constitution of India has a regulatory authority for the betterment of our environment as well as its protection from un-natural hazardous substances and calamities.

The specific provisions for the development and safeguarding of the environment is signified under the Directive Principles OF State Policy (DPSP) & The Fundamental Duties. The absence of a specific provision in the Constitution recognizing the fundamental right to a clean and wholesome environment has been set off by judicial activism in recent times. 

Articles 48-A 

At first, there were no explicit provisions for environmental preservation in the Indian Constitution. The Indian government passed the 42nd Amendment to the Constitution in 1976 as a result of the Stockholm Conference, growing environmental awareness, and worldwide environmental preservation efforts in the 1970s. Direct measures for environmental protection were added to the Constitution by an amendment. Article 48-A was added to the Directive Principles of State Policy by this 42nd Amendment. 

Article 49-A

According to the article, "The State shall work to maintain and improve the environment and to safeguard the country's forests and animals." Every citizen now has a fundamental duty as a result of the aforementioned amendment.

 Article 51-A, clause (g)

"It shall be the obligation of every Indian citizen to safeguard and improve the natural environment including forests, lakes, rivers, and animals and to have compassion for living creatures," reads Article 51-A (g), which addresses the Fundamental Duties of the Citizens. Therefore, it is the responsibility of the State (Article 48-A) and each and every person (Article 51-A (g)) to safeguard and enhance the natural environment.

 Article 253

According to Article 253, "Parliament has the authority to enact laws for the entire nation or for specific regions in order to carry out any treaty, agreement, or convention with any other nation." This opinion is supported by the Air Act and Environment Act, which were passed by Parliament using Article 253. 

Article 21 – Right of life and personal liability

(Kendra v State of UP , 1985) (2), the Supreme Court of India has held that pollution caused by quarries adversely affects the health and safety of people and hence, the same should be stopped as being violative of Article 21. In this case, the Supreme Court for the first time held that the right to a wholesome environment is a part of the right to life and personal liberty guaranteed under Article 21 of the Constitution. In the case of (Subhash Kumar v State of Bihar, 1991) (3), again the apex court held that the right to get pollution free water and air is a fundamental right under Article 21. 

1. Article 48(A) 2. Article 21 3. Article 253 4. Article 51(A) 5. Article 19(1)(g) 6. Article 51 7. Article 14, etc. are the significant provisions for the protection of environment under the Constitution of India. 

Landmark Case Laws, where the legislative authority has propounded the means and regulation of The Environment Protection.

1. Kendra v State of UP

In this case, the Supreme Court for the first time held that the right to a wholesome environment is a part of the right to life and personal liberty guaranteed under Article 21 of the Constitution. 

2. Subhash Kumar v State of Bihar

The Apex court held that the right to get pollution free water and air is a fundamental right under Article 21 of the Constitution.

3. (M.C Mehta v Union of Industries , 1987) (4)

The judgment significantly impacted the scope, extent, and application of environmental laws in India, as well as the interpretation of Article 21 (right to life and personal liberty) and Article 32 (remedies for violations of fundamental rights) of the Indian Constitution.

4. (Vellore citizens welfare forum v. Union of India , 1996) (5)

The Supreme Court, in its judgment delivered on August 28, 1996, affirmed the "polluter pays" principle, stating that polluters are liable to pay for the damage caused to the environment.

5. (Andhra Pradesh Pollution Control Board v. M. V. Nayudu , 1999) (6)

The court observed that “In the environmental field, where the uncertainty of scientific opinions has created serious problems for the courts- Uncertainty becomes a problem when scientific knowledge is institutionalized in policy-making by agencies and courts.” The judges realized that Precautionary Principle and Polluter Pays Principle are now part of environmental jurisprudence of the country.

Methods for the Protection of the Environment 

The methods which are required to be used for the protection of the surroundings i.e. environment is; 

• Sustainable Development

• Conserve Natural Resources

• Promote Awareness and Education

• International corporation among the countries.

• Pollution Reduction 

The research methodology which has been introduced to cultivate the mere information about the environment protection is in the form of doctrinal where the statutes like the Environment Protection Act, 1986, the Constitution of India, and different laws has been constituted about the findings which had been regulated about the Protection of the Environment i.e. the Ecosystem. 

Through the means, the findings which have been supervised are that the most prevalent law for the protection of the environment is The Environment Protection Act, 1986 & The Constitution of India. Along with these statutes, other legal principles which are abided in accordance of the legislative authority has been constructed with an aim of development of the Environmental laws as well as provide a regulatory framework for the society in order to signify the proper use of the natural resources i.e. biotic & abiotic substances through sustainable development which will be beneficial for the future generation as well as the present entities. 

The main analysis which has been done is the cause for the degradation of our environment are the modernization parts of certain entities (for e.g. the industrialization phase where upliftment of factories, industries are seen which eventually leads towards the cause of global warming as well as pollution) and is now are synced with the technologies which are becoming the root cause of the degradation of environment as the waste is emulated into the water bodies by the advanced technologies which leads to the hazardous place for the marine life, the gases which are produced by the industries are lead towards the air causing damages to monuments as well as birds. Deforestation, acid rain, soil erosion, unsustainable use of resources, and climate change etc. are the activities which are the cause of demotion of the ecosystem. Proper maintenance of the ecosystem has to be considered as the environment is the sole reason of every living or non-living entities are existing co-relatively, the protection of natural resources which are present in the surroundings have to be done significantly and for the same laws like The Constitution of India, The Environment Protection Act, 1986 etc. are presented by the legislature to look forward on the environmental topics. 

To conclude the article where the abrogated form of research is done to find out the correct findings or the need, aim, objectives of the protection of our environment. The significance requirement for the protection of the environment is to maintain the natural resources present as well as adapt the concept of sustainable development accordingly. The world is the place we live in and nature is considered as our mother; taking care of our motherland is a crucial duty of every citizen present in the world as we must perform our duty with complete will. 

Statutes Referred

• Environment (Protection) Act, 1986, No. 29, Acts of Parliament, § 2(a) (India) (defining “environment” as including “water, air and land, and the inter-relationship which exists among and between water, air and land, and human beings…”) cpcb.nic.in+5indiankanoon.org+5kanoongpt.in+5.

• Constitution of India 

  
  

Websites Referred

• The Importance of Environmental Protection, Mother Helpage (blog), (visited June 2025), https://www.motherhelpage.org/blog/the-importance-of-environmental-protection/ (last visited June 2025).

• Constitution Provisions on Environment, iPleaders (blog), (visited April  2025), https://blog.ipleaders.in/constitution-environment-provisions/ (last visited June 2025).

• Environmental Law Overview, Indian Bar Association (PDF), (visited April  2025), https://www.indianbarassociation.org/wp-content/uploads/2013/02/environmental-law-article.pdf (last visited June 2025).

• Important Case Laws of Environmental Law, LawBhoomi (blog), (visited April  2025), https://lawbhoomi.com/important-case-laws-of-environmental-law/ (last visited June 2025).

  
  

Works Cited (Case Law & Statutory Definition)

1. Environment (Protection) Act, 1986, § 2(a) (India) (defining “environment”) blog.ipleaders.in.

2. Rural Litigation & Entitlement Kendra v. State of U.P., AIR 1985 S.C. 652, 1985 SCR 3 § 169 (India) (recognizing right to clean environment as part of Article 21).

3. Subhash Kumar v. State of Bihar, AIR 1991 S.C. 420, 1991 SCR (1) 5 (India) (expounded right under Article 21 to include pollution-free air and water).

4. M.C. Mehta v. Union of India, AIR 1987 S.C. 1086, 1987 SCC (1) 395, 1987 SCR (1) 819 (India) (establishing absolute liability principle after oleum‑gas leak).

5. Vellore Citizens’ Welfare Forum v. Union of India, (1996) Supp. (5) SCR 241, 5 SCC 647 (India) (recognizing “polluter pays” and sustainable development principles).

6. Andhra Pradesh Pollution Control Board v. M.V. Nayudu, AIR 1999 S.C. 912, 1999 SCC (2) 7 (India) (on extended liability for pollution abatement).