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Published : May 21, 2010 | Author : Abhigyan bhowmick
Category : Environmental Law | Total Views : 5651 | Unrated

Abhigyan bhowmick
Abhigyan bhowmick ILS law college 2nd year.

Did you know environmental problems causes more cats not good news for those who fears cats and if you are asking me why then why don’t you ask yourselves dude. Last morning Geetaki Narang asked me “where do you get water and where does your shit go?” through a column of an esteemed news paper it really touched me though I have an answer for everything but I seriously don’t have an answer for this but I was surprised when I come to know that most of our shits flows directly in to our water system the same system which provide us with drinking, bathing and everything though I am just a mere student I can’t change the system but I can create a world of awareness of legal environment. Environmental modification is as old as the history of human development. In the last century, development and modification have come much faster then ever before. While it took million years for man to pass from Paleolithic to Neolithic development, it just took than a period to modify conventional weaponry to nuclear devices. Though in my leisure time, I am studying history: Mainly Bronze Age civilizations (an old interest of mine dating back to my school).

What is interesting is that as man evolved, it was only because of rapid environmental change that led to a lot of changes in humans especially cutting down the trees. Hunter gatherers changed to farming (which is hard work) because of the environmental change; early civilizations fell due to environmental related problems so we very well understand the value of environment. Environment has been a source of our living for decade its okay if our wives or girlfriends leaves us but if our environments started to ditch us then we are gone. First let me tell you how and when our environmental protection got birth. The Constitution of India came into force on 26th January, 1950. Originally, the constitution contains no specific provisions for environmental protection. However, certain specific provision have been installed by the Constitution (Forty Second Amendment) Act, 1976 and subsequent amendments. Indian Constitution is one of the rarest constitution which indulge specific relief and provision for the protection of its environment though our leaders at that point of time were very much concerned about our environment that they copulated the constitution as being the fundamental law of the land and has a binding force on citizens, non – citizens as well as the State. The Fundamental Rights and the Directive Principles of the State Policy marked our national commitment to protect and preserve the environment. The courts in India also came up with new interpretations to the constitutional provision relating to protection and improvement of the environment though with all this concern they gave birth to our environmental protection. I would love to know the mother who took so much pain to give out this wonderful baby. The baby like any other babies though it’s a special one has got five vital organs to run its body The Constitution Forty Second Amendment, Federal System of Govt. (Distribution of Legislative Powder), Fundamental rights, Directive principle of state policy and fundamental duties.

The prima facie is that environmental issues are now a religion in many concerned countries especially in our country, with celebrations and sins of our own formed NGOs and environmental concerned departments. Dogma which means simplifying things does not exist in our country it has turned in to complicated rather a wallaby situation for NGOs and departments, nobody bother to think even once what will be our emotional situation in case our environment ditched us. Ufff…. I can’t take this emotional atyachar not again. To save us from this emotional trauma our leaders of 19th century decided the environmental protection they are the one big time astrologers. They came out with environmental protection menu. The menu is as follows by the acts

a) The State's responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows: "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country".

b) Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) of our Constitution which reads as follows: "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."

c) Article 21 of the Constitution is a fundamental right which reads as follows: "No person shall be deprived of his life or personal liberty except according to procedure established by law."

d) Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties.

e) The State's responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows:
"The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall Endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health."

h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve

Thus we can conclude that on the one hand, it gives directive to the State for protection and improvement of environment, and on the other hand it casts/imposes a duty on every citizen to help in the preservation of natural environment. Two chicks at one go. From environmental point of view, allocation of legislative authority is very important as you can see nowadays. The constitution of India deals rapidly with legislative powers concerning with environmental law. The legislative powers under the scheme of the constitution got three super hot daughters lists viz., the first one is huge and amass known as Union List or List – the other one is small but very talented, the State List or List –II, the youngest daughter of the legislative power is none other than our own Concurrent List or List – III. Part – XI (Arts. 245-263) of the constitution deals with the distribution of legislative powers between the two daughters one is union and the other is states. Article 246 distributes the subjects of legislative power in these three daughters lists between the Centre and the States. The union list contains 97 subjects and the Parliament who is their grandmother alone has the power to legislate. The State List contains 66 subjects and the States itself have power to legislate. However, in respect of Concurrent List, which contains 52 subjects, both the grandmother Parliament and elder sister the State Legislatures have the power to legislate. There are about 200 Central and State Legislation on environmental protection that’s cool enough to deal with all the environmental law breakers of the world. The most important and

unique environmental legislation, passed by the parliament under Art. 249 of the Constitution are The Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981; and the Environment (Protection) Act, 1986.

The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that provides a holistic framework for the protection and improvement to the environment. In terms of responsibilities as an elder son, the Act and the associated Rules requires for obtaining environmental clearances for specific types of new / expansion projects (addressed under Environmental Impact Assessment Notification, 1994) and for submission of an environmental statement to the State Pollution Control Board annually. Environmental clearance is not applicable to hydro projects also. SJVNL an institution undertakes Environmental Impact Assessment for all projects as a standard management procedure as laid down in The Environment (Protection) Act, 1986 and also functions within permissible standards of ambient air quality and noise levels as prescribed by national laws and international regulations.

Other rules and regulations under the Environmental (Protection) Act, 1986 applicable to the operation of SJVNL are described below:

Air (Prevention And Control Of Pollution) Act 1981
The objective of this Act is to give out fresh air and take in polluted air it provides for the prevention, control and abatement of air pollution which are not caused by farts, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating the matters connected therewith.

Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972 by our eminent historical leaders, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, includes the preservation of the quality of air and control of air pollution.

Therefore it is considered necessary to implement the decisions foresaid in so far as they relate to the preservation of the quality of air and control of air pollution. Recently According to the case M.C Mehta Vs union of India the supreme court the mighty hercules held that caused by vehicular emissions violates right to life under Art. 21 & directed all commercial vehicles operating in Delhi to switch to CNG fuel mode for safeguarding the health of the people. That decision is so sweet even popular Santa and Banta brothers can consume fresh air ….

Water (Prevention & Control ) Act 1974
Now if you think that your neighbor is polluting the water and its seriously pissing you off. Don’t worry just looked in to the water prevention Act whose main objective is to prevent polluting and yes of course restore the hygienic dorm of water. A board is formed under this act which is really striking to me which take the whole some responsibility of functioning this act and relating the matters thereto. Woops this one is really very interesting.

Wildlife Protection Act, 1972
Hey once I ventured in to a forest. I met with a lioness there she was damn beautiful and moreover she got a talent to speak in human language as usual I cant resist my self to know her. Unusually she as we humans are frustrated by the law violators. She started to tell me about herself and the forest law. First I was amazed and thought what she was talking about but later on I realized she was talking about Wildlife Protection Act, 1972 then she described me what is "wildlife". Wild life includes any animal, bees, butterflies, crustacea, fish and moths; and aquatic or land vegetation which forms part of any habitat. In accordance with Wildlife (Protection) Amendment Act, 2002 “no alternation of boundaries / National Park / Sanctuary shall be made by the State Govt. except on recommendation of the National Board for Wildlife (NBWL)”. After that she started to talk about forest Act of 1980.

This Act provides for the conservation of forests and regulating diversion of forestlands for non-forestry purposes. When projects falls within forestlands, prior clearance is required from relevant authorities under the Forest (Conservation) Act, 1980. State governments cannot de-reserve any forestland or authorize its use for any non-forest purposes without approval from the Central government. Thus this caused serious trouble for my super hero Salman khan who loves to shoot out wild animals.

The Biological Diversity Act, 2002 :-
This Act clearly redeems the provision of preserving the biological strata of our country though there is sentinel of evidence to show people are using this diversity for self motivated purpose.

The Ministry of Environment and Forests has enacted the Biological Diversity Act, 2002 under the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992 of which India is also a party. This Act is to “provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the sued of biological resources, knowledge and for matters connected therewith or incidental thereto.” As per the provision of act certain areas, which are rich in biodiversity and encompasses unique and representative ecosystems are identified and designated as biosphere reserve to facilitate its conservation. All restrictions applicable to protected areas like National Park & Sanctuaries are also applicable to these reserves. SJVNL abides by the provision of act wherever applicable and try avoiding these biosphere reserves while finalizing the project infrastructure locations. If next time you see a industrialist with a wacky wicked smile on his face ask him weather he knows about this act or not and I can bet his face expression will change.

Hazardous Wastes (Management And Handling) Amendment Rules, 2003
If modernization is our cousin and development has become a part of our lives then there will be births of hazardous chemical or products which are really very harmful in our day to day speed living lives. Rules there are many rules some we follow and some we don’t. There are thousands of rules and its not possible to follow all of them but there are proximity of knowing most of them.

These Rules classify used mineral oil as hazardous waste under the Hazardous Waste (Management & Handling) Rules, 2003 that requires proper handling and disposal. Organization will seek authorization for disposal of hazardous waste from concerned State Pollution Control Boards (SPCB) as and when required. According to the case Indian Council for Enviro-Legal Action vs. Union of India (2), the Supreme Court cautioned the industries discharging inherently dangerous Oleum & H acid. The court held that such type of pollution infringes right to wholesome environment & ultimately right to life. Some times I really fall for my profession , it’s the only profession which force us to direct for the good of the humanity. Ozone Depleting Substances (Regulation And Control) Rules, 2000

We all know what is ozone , ozone is pretty cool word though and its used many times in many ways , ozone depleting substances are the once which decrease the ozone and cause a para-dying shift in to our environment , sometimes the global warming had gone so much that

Mr. President Bush had a plan one day and he called media and he said that if we need to, we can lower the temperature dramatically just by switching from Fahrenheit to Celsius And the media gave a impressive response by saying Sorry Mr. ex-president lame idea.

In India under the section of 6, 8 and 25 of the Environment (Protection) Act, 1986 has notified rules for regulation/ control of Ozone Depleting Substances (ODS) under Montreal Protocol which is very different from Kyoto protocol it has nothing to do with it but they are from the same protocol family ;-). As per the notification certain control and regulation has been imposed on manufacturing, import, export, and use of these compounds. The ozone depletion substances cause global warming at a rate of 12 % every year increases by 2 % every passing year. As global warming is increasing the water level also rises day by day. In India rivers and water basins adorned the symbol of powerful gods and goddesses in heaven and on earth they became divinity itself with power to heal and cleanse the body, soul, and the spirit. But of late myth and matter have parted ways. Our immortal rivers are now dead or decaying. The ganga in Varanasi has just one percent of the jal that the followers held to be nectar washing away the sins of generations present and past. In Delhi it has been ages since the greatest most purest Yamuna river was a river, its now the helpless respectable of civilization waste and excess. The godavari’s obituary is in the process of being written the pallar is called tamil nadu’s lost river and moreover there is nothing sweet about what went on to Mumbai’s own Mithi river and yes Sutlej is throwing tones of rotting fish. Across the length and breadth of our huge country once called the majestic rivers have shrunken themselves in to nullahs or worse and thanks to rampant damming , untreated sewage and criminal dumping of industrial waste. Policy and practice are running against the natural flow of the country’s life but there is a light of hope still surrounds the gutters of dirt our acts and the rules.

Many Organizations as per provisions of notifications shall phase out all equipment, which uses these substances, and our environmental law is strong enough to deal with this rampant hazardous manner of polluting the water of our country.

The Shore Nuisance (Bombay and Colaba) Act, 1853 is one such act, Mumbai is a historical and a beautiful place, though it has so many beautiful chicks it also has the earliest Act on the statue book concerning control of water pollution in India. people of Mumbai cares a lot about the water. But its sad when beautiful people started polluting their own house..

The Serai Act which is one of the most special act it gives a certain quality of water fit for consumption by “persons and animals using it” to the satisfaction of the District magistrate or his nominees. Failure for maintaining the standard entailed a liability of rupees twenty only.

Section 8 obstruction in fairways Act of 1881 of the Act empowered the Central Government to make Rules to regulate or prohibit the throwing of rubbish in any fairway leading to a port causing or likely to give rise to a bank or shoal.

The Indian fishers are not kept alone they too have a significant laws or acts like Indian Fisheries Act, 1897 contains seven sections. Section 5 of the Act prohibits destruction of fish by poisoning waters.

According to Indian forest act of 1927 Section 26(i) of the Act makes it punishable if any person, who, in contravention of the rules made by the State Government, poisons water of a forest area. The State Government has been empowered under Section 32(f) to make rules relating to poisoning of water in forests. So its better to poison your self rather poisoning the forest of our country.

Factories Act, 1948 is a social welfare legislation intend to secure health, safety and welfare of the workers employed in factories. However, some of the provisions of this Act are concerned with prevention of water pollution.

Mines act on Chapter V of the Act deals with provisions regarding health and Safety of the employees. Section 19(i) Government upon arrangement for the quality of water for drinking purposes. In the case related rural & entitlement Kendra Vs state of UP the supreme court prohibited continuance of mining operations terming it to be adversely affecting the environment. So think twice before you start a mining industry.

The International Convention for the Prevention of Pollution of the Sea by Oil, 1954 is the first treaty for the reduction of oil pollution of the sea. In order to give effect to this Convention, the Merchant Shipping Act regulates and controls the discharge of oil or oil mixture by an Indian tanker or ship within any of the prohibited zones or by a foreign tanker or other ship within the prohibited zone adjoining the territories of India. Further, there is a prohibition for discharging any oil anywhere at sea from an Indian ship. What is SJVN? SJVN is a joint venture company of Himachal state govt with a private enterprise. Satluj jal vidyut nigam limited. the regulatory framework and policy both at the central and state level for environmental and social issues applicable to the HYDRO Power Projects is also application to SJVN.

In addition, SJVNL has also taken into consideration the requirements of multilateral funding agencies while finalising the Environment Policy . SJVNL sees its responsibilities under the present legal framework as two fold as under: mandatory requirements under the law and the guidelines of funding agencies; and prescriptive requirements that influence management procedures addressing environmental and social issues

SJVNL undertakes all its activities within mandatory requirements under the National law and the guidelines of funding agencies, and prescriptive requirements that determine the management procedures for addressing environmental and social issues. Mandatory environmental requirements for SJVNL at a national level include: Land Acquisition Procedures under Land Acquisition Act, 1894. Forest clearances under the Forest (Conservation) Act, 1980; specifically Environmental clearances under Environment (Protection) Act, 1986.During the operations of the projects regulations like Hazardous Wastes (Management and Handling) Amendment Rules, 2003 regarding disposal of used transformer oil and Ozone Depleting Substances (Regulation and Control) rules, 2000 putting restriction on use of ozone depleting substances come into force and require voluntary enforcement and funding agencies requirements some time. The Forest & Environment Clearances procedure have been detailed in the Annexure -I to III of this document. Following are the cases I related with though they are the most conventional cases based on environmental issues in our country.

Conclusion:- A single drop of water creates a ocean understand the value of nature and its importance. Rules are made to follow but nature is made to give birth to us , henceforth if we redirect our issues we will not be in a grave danger and will prepare for a better future.

Environmental protection act of 1950.
Forest convention Act of 1980
R.K Jains Environmental acts and cases.

Authors contact info - articles The  author can be reached at: abhigyanbhowmick@legalserviceindia.com

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Article Comments

Posted by Ravi Shide on June 14, 2012
Wow truly my friend has tapped the nail on the head.
The way he has incorprated cultural refrences (Sallu I love him) and those greedy industrilists is grate! This shit environment is truly full of shit for those who make it shit!

Posted by Ria on May 14, 2012
You have dissapointed me as always.

Posted by amit on April 19, 2012
Abhigyan bhowmick, you have written an exceptional article, your writing forces people to comment on it, you have won as a writer, exceptional - Congrats!

Posted by Abhigyan Bhowmick on April 17, 2012
Bring it on.......Ill seduce you with my poems....then we'll see if you would wan't to sue a loverboy like me... :*

Posted by Geetaki Narang on April 17, 2012
Abe Maine Kab Aisa Kuch Bhi Likha hai be??? Im Gonna charge u with defamation...

Posted by Chuks Aneke on March 05, 2012
An eye opener

Posted by Patman666 on March 05, 2012
This was so bad, I feel like killing myself.

How could you allow such tripe to be published?

Posted by rajpal yadav on May 25, 2011
bhaiya humari potty hum to paper mein daalke bahar phenk dete hain.

Posted by Varun on January 21, 2011
Everything recycles in this world.the urine that we pass today becomes the water we drink tomorrow. very true.

Posted by Lajja on June 05, 2010
OH MY gOD.this is such a nice article..even i having never wondered where my shit goes...i will shit next time and tell you. can i get your number?

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