powerpoint templates 1 environmental pollution:concerns & judicial pronouncements cs disha kant

Powerpoint Templates 1Powerpoint Templates

Environmental Pollution:Concerns

& Judicial Pronouncements

CS Disha Kant

Powerpoint Templates 2

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


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;


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.


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


What is the need??


Judicial Trend & Environment

L.K. Koolwal v State of Rajasthan 1988Rajasthan 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 1985RLEK 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


DARE TO MESS :

SUSTAINABLE DEVELOPMENT


Violating the Sustainable Development

•Industrial Accident is one of the major causes of violation of Rule of sustainable development.

•Who is liable?


Corporate Environmental liability

No Fault liabilityOr

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.


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’


“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.


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”


Opportunity Lost

BHOPAL GAS TRAGEDY


Liability:


Liability Established:

• In 2010, these were found guilty & convicted

• Non-Executive Chairman• Managing Director• Vice president• Manager• Production manager• Production assistant


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 prescribed.


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


Thank You

Disclaimer Clause: Views expressed in this presentation views of the author do not necessary reflect those of the Institute.

powerpoint templates 1 environmental pollution:concerns & judicial pronouncements cs disha kant

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