Legal Desire International Journal on Law November 2020 ISSN: 2347-3525

Role of Judiciary in Environment Protection

Sristi Raichandani, Swati Anand, SweetySamara, Utkarsh Verma, Sujata Porwal

‘Saving our planet, lifting people out of poverty, advancing economic growth… these are one and the same fight. We must connect the dots between climate change, , energy shortages, global health, and women’s empowerment. Solutions to one problem must be solutions for all.’ Ban Ki-moon

ABSTRACT ‘The more clearly we can focus our attention on the wonders and realities of the universe, the less taste we shall have for destruction.’ Rachel Carson

Environmental issues are a matter of major concern as they directly affect the human existence. Role of judiciary in India, in matters relating to environment protection has constantly increased leading to innovations and implementation till a certain level. The activist judiciary has Suo Motu taken up various initiatives to bring significant changes. This report tries to analyze the role of judiciary in , the challenges faced by it and suggests ways to overcome the barriers and progress forward to provide for a healthier environment, without disturbing the balance of organs (of government of India) prescribed by the Constitution.

INTRODUCTION The Constitution is known as the “basic law of the land” from which all other laws derive their sanctity or validity. Therefore, it must be a living and growing law that is able to cope up with the current situation and developments. The former Prime Minister of India, Mrs. Indira Gandhi, was the first head of state to address the International Conference on Human Environment at Stockholm in 1972.She voiced deep concern about the degradation of the environment and eco-imbalances and also emphasized that , population and poverty are inter-related problems and there must be an integrated approach to deal with them. India is also one of the signatories of the Stockholm Declaration which is known as the ‘Magna Carta’ of environment protection. To fulfill the promises made at Stockholm conference, the Indian Parliament passed by the 42nd Amendment to the Constitution in 1976 and incorporated two articles related to protection and improvement of the environment.

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Various constitution and international obligations along with the 42nd Amendment of 1976 and rights like Article 21, Article 14, Article 19, Article 32 & 226 in lieu with their environmental application have been incorporated in present-day scenario. Both the government and the judiciary are actively working for the betterment of environmental conditions. However, a significant change hasn’t been observed in the country prior to the lockdown situation. The lockdown due to COVID-19 has proved to be a boon for the environment as it has led to a huge reduction in use of vehicles and factory emissions for a significant amount of time.

HISTORICAL BACKGROUND In the Hindu religious philosophy, the Vedas, Puranas, Upanishads, and different sacred writings gave a point by point portrayal of Trees, plants and untamed life and their significance to the individuals. The Rig Veda featured the possibilities of nature in controlling the atmosphere, expanding ripeness, and improvement of human life underscoring on a private family relationship with nature. Atharva Veda thought about trees as dwelling place of different divine beings and goddesses. Yajur Veda Emphasized that the relationship with nature and the creatures ought not be that of territory and oppression yet of shared regard and generosity. Numerous creatures and plants were related with Gods and Goddesses, so they were saved for the people in the future. Lord Ashoka of the Mauryan Empire did as much as possible to secure condition by making laws for safeguarding the environment of India. Same pattern proceeded in medieval India when Mughalscontrolled India however not at a similar pace. Notwithstanding, the most grounded ventures for the equivalent came uniquely from British. They contributed a great deal for the protection of the biological arrangement of India by authorizing a few laws, which truly were absent in the antiquated time. Environmental protection in British era British showed up in India at 1600 with the strategic exchanging merchandise from India the type of East India Company. However, there was an absolute lack of interest to the necessities of the woodland conservancy. They caused a wild invasion on Indian Forests. The attack on the timberlands was basically a direct result of the expanding interest for military purposes, nearby development of streets and railroads, exchanges and augmentation of horticulture to enhance income. The British government began control woodland in 1806, when a commission was named to enquire into the accessibility of teak in Malabar and Travancore. Until many years of nineteenth century, the British Raj completed a monstrous surge on the subcontinent's woodland. With the Oaks woods evaporating in England, a strong lumber was required for the British Navy on the grounds that the security and protection of the British Empire relied fundamentally upon its naval force. In the time of furious rivalry between the pilgrim

35 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 powers, Indian teak, the most solid of shipbuilding, spared British during a war with Napoleon and the later oceanic development. On 3 August 1855, Lord Dalhousie, the senator general of India, turned around past free enterprise strategy to build up the India Forest Department and added enormous regions of meagerly populated terrains in India. After around 1853, extraordinary lumps of woods were wrecked to satisfy the need for railroad sleepers and the sub-Himalayan woodlands of Garhwal and Kumaon, for instance were completely felled in even to devastation and a large number of trees were felled which were rarely expelled, nor was their evacuation conceivable. The efficient administration of woods assets started with the arrangement of the First Inspector General of Forest in 1864; Dietrich Brandis who served from 1864 to 1883. Till 1935, the legislature of India authorized the Forest Act. In 1935, the British Parliament through the Government of India made common assembly and the subject of the backwoods as remembered for the commonplace council list. From that point, a few areas made their own laws to control woodland. A large portion of these laws were inside the structure set down in the 1927 Act. The British up and down their reign in India framed numerous different Acts in the field of Environment.

The Historical Role of Law of Torts in Environmental Protection The J.C. Galstaun vs. Dunia Lal Seal case of the Calcutta High Court in 1905 is one of the earliest and an important case of nuisance. In this case, the plaintiff complained that the defendant of neighboring factory is discharging the refuse-liquid of his manufactory into a Municipal drain that passes along the plaintiff’s garden. Consequently, the Subordinate Judge decreed the suit, granted a perpetual injunction, and awarded the plaintiff a thousand rupees as damage.

The Mukesh Textile Mills (P) Ltd v. H. R. Subramanya Sastry case is another case under which damages were rendered under the negligence category of law of tort. In this case, the plaintiff complained that the neighboring textile mills earthen tank full of molasses collapsed because of being dug by the rodents and the molasses overflowed into the water channel and plaintiff’s land damaging the paddy and sugarcane crop. The Mill defended it by stating the burrowing of rodents as an act of God. The court attributed to actionable negligence on the part of the appellant and damages were awarded to the other party.

ENVIRONMENT AND CONSTITUTION OF INDIA

The protection and improvement of the environment is a constitutional mandate. The Indian Constitution contains specific provisions for environment protection under the chapter of Directive Principles of State Policy and Fundamental Duties.

Directive Principles of the State Policy Article 48-A

 Sher Singh v. State of HP on 6 February, 2014

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The citizens of the country have a fundamental right to a wholesome, clean and decent environment. By 42nd Amendment to the Constitution, Article 51-A was incorporated in the Constitution. The legislative intent and spirit under Articles 48A and 51A (g) of the Constitution find their place in the definition of ‘environment’ under the Environment Protection Act, 1986. The expression of ‘life’ enshrined in Article 21 also has a widemeaning. The court stated that the facilities for medical care and health to prevent sickness, ensure stable manpower for economic development and generate devotion to duty and dedication to give the workers’ best performance, physically as well as mentally. The Court particularly, while referring to the workmen made references to article 21, 39(e), 41, 43 and 48-A of the Constitution of India to substantiate that social security, just and humane conditions of work and leisure to workmen are part of his meaningful right to life.

 Small Hydro Power Developers’ … v. Transmission Corporation of A.P. on 8 May, 2008 The said decision itself is an authority for the proposition that what is granted can be withdrawn by the Government except in the case where the doctrine of promissory estoppels applies. Thus, the State has discretion to alter its policy. The court cannot interfere with the policy decision unless it is found that the decision to change the policy it’s arbitrary, unreasonable and unfair. The policy directives contained in GOMs are also not inconsistent with the expressed or implied provisions of any statue. The National Electricity Policy is upon the use of non-conventional sources of energy to augment generation and production of green energy. In order to support conservation of environment, constitution was amended by 42nd Amendment Act, 1976. Article 48A and 51 A (g) the Preamble to the Electricity Act, National Electricity Policy, and MNES policy and GOMS 93 reflect the concern for ecology. This concern stems from the ill effects of pollution and global warming. Since the environment needs to be protected, adequate and pre-empting measures are required to be taken to incentivize the generation of power through renewable sources of energy. Setting up power plant requires heavy investment and it has long gestation period. It is also well known that till the technologies are improved, the cost of production of power through renewable sources of energy could be higher than the production of power through conventional sources of energy.

 Chhattisgarh Biomass Energy Developers Association & Ors. v. Chhattisgarh S.E.R.C. & Ors. 2007 It was observed that where Power Purchase Agreements between distribution licenses and the generating companies utilizing renewable sources of energy are in conformity with MNES guidelines. Therefore, the commission has not considered the impact of aforesaid decisions in aspect of protection of Environment. Article 51 & Article 51-A

 State of v. Mirzapur Moti KureshiKassab on 26 October, 2005 By enacting clause (g) in Article 51-A and giving it in the status of fundamental duty, one of the objects sought to be achieved by Parliament is to ensure that the spirit and message of Article 48 and 48-A is honored as a fundamental duty of every citizen. While Article 48-A speaks of “environment”, Article 51-A (g) employs the expression “the natural environment” and includes therein “forests, lakes, rivers and wildlife.”

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 T.N. GodavarmanThirumalpad v. Union of India & Ors., 2002 A three judge bench read Article 48-A and 51-A together as laying down the foundation for a jurisprudence of environmental protection and held that “Today, the State and the citizens are under a fundamental obligation to protect and improve the environment, including forests, lakes, rivers, wildlife and to have a compassion for living creatures.” Therefore, the question of testing the constitutional validity of any statutory provision or an executive act, or for testing the reasonableness of any restriction cast by law on the exercise of any fundamental right by way of regulation, control or prohibition, the Directive Principles of State policy and Fundamental Duties as enshrined in Article 51-A of the constitution plays a vital role. Article 253 Legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of the Chapter, Parliament has power to make any law for the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

Protection of the Environment Article 14

 Kamal Nath Case In the State of Himachal Pradesh, Span motel owned by the family members of Shri Kamal Nath, Minister of Environment and Forests, Govt. of India diverted the course of river Beas to beautify the motel and also encroached upon some forest land. The apex court ordered the management of the Span motel to hand over the forest land to the Govt. of Himachal Pradesh and remove all sorts of encroachments. The court delivered a landmark judgment and established principle of exemplary damages for the first time in India. The Court said that polluter must pay to reverse the damage caused by his act and imposed fine of Rs. 10, 00,000 on the Span motel. The Supreme Court of India recognized Polluter Pays principle and Public Trust Doctrine.

 Oleum Gas Leak Case, 1986 ‘M. C. Mehta, who was single handedly responsible for making environmental degradation a part of public discourse, says it is vital that PILs have no ulterior motive.’ M.C. Mehta had filed public interest litigation against the chlorine plant a month earlier (before the gas leak), and was scheduled to argue another case before the Chief Justice of India on December 4th. The court held that any enter price that is engaged in an inherently dangerous activity is “absolutely” liable to compensate all those affected by an accident. The key feature of the judgment was principle of “absolute liability”.

Article 19(1) (g)

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 Khoday Distilleries Ltd. v. State of on 19 October, 1994 Article 19(1) (g) read with Article 19 (6) spells out a fundamental right of citizens to practice any profession or to carry on any occupation, trade or business so long as it is nor prohibited or is within the framework of the regulation, if any, if such prohibition or regulation has been imposed by the State enacting a law in the interests of the general public. The right conferred upon the citizens under Article 19 (1) (g) is thus subject to the complete or partial prohibition or to regulation, by the State. Apart from the restrictions placed on the right under Article 301, by the provisions of Article 19 (6), 47, 302, and 303, the provisions of Article 304 also place such restrictions on the said right.

Article 21 Article 21 of the constitution of India provides for the right to life and personal liberty. It states that “no person shall be deprived of his life or personal liberty except according to procedure established by law” in rural litigation and Entitlements.

 Kendra v. State of UP Also known as the Dehradun quarrying case, 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. The right to wholesome environment is a part of right to life and personal liberty guaranteed under Article 21 of the Constitution.

 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. Following this, the right to pollution free environment was incorporated under the head of right to life and all the laws courts within the Indian Territory were bound to follow. and ecology were held to be the priorities under Article 21 and the constitution of a green bench was also ordered by the Supreme Court.

 Ratlam Municipality v. Vardhichand The problem was due to private polluters and haphazard town planning, it was held by Supreme Court that pollution free environment is an integral part of right to life under Article 21.

The Principles on Environment: 1. M C Mehta v. Union of India while taking note of the disastrous effects that the emissions from the Mathura Oil Refinery had on the Taj Mahal Supreme Court applied the principle of sustainable development to the case and apart from passing various directions stepped in to execute and surprise the resultant actions. 2. Absolute Liability Principle

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In the M C Mehta v. Union of India (Oleum Gas Leak Case) the principle was adopted to compensate victims caused by inherently dangerous industries. Also, in Narmada Bachao Andolan v. Union of India Supreme Court held that, the precautionary principle could not be applied to the decision for building a dam whose gains and losses were predictable and certain. 3. Public Trust Doctrine In case of MC Mehta v. Kamal Nath where in attempt was made to divert flow of a river for augmentation facilities at a motel, it was held that, State and its instrumentalities as trustees have a duty to protect and preserve natural resources also in MI Builders Pvt. Ltd. v. Radhet Shyam Sahus city development authority was asked to dismantle an underground market built beneath a garden of historical importance. 4. Public Nuisance (application of law) In Ratlam Municipal Corporation v. Vardhichand Supreme Court made the use of dormant provisions of code of criminal procedure 1973 as a potent instrument for resolving pollution problems and for the enforcement of statutory duty. 5. Polluter Pays Principle The main object of this principle is to make the polluter liable for the compensation to the victims. In Vellore Citizen’s Welfare Forum v. Union of India the court held that, precautionary principle and the polluter pays principle are part of of the country. 6. Precautionary Principles In A.P. Control Board v. M.V. Nayudu and Ors.Supreme Court was called upon to decide a question as to whether a cashew factory was a polluting unit. The Court relied upon precautionary principle and explained that the principle of precaution involves the anticipation of environmental harm and taking measures to avoid it or to choose least environmentally harmful activity. In Vellore Citizen’s Welfare Forum v. Union of India, the precautionary principle established that, a lack of information does not justify the absence of management measures. On the contrary management measures should be established in order to maintain the conservation of the resources. The assumptions and methods used for the determination of the scientific basis of the management should be presented. Mandatory Requirements of Environment (Acts) The Environment Protection Act, 1986 The Environment Protection Act, 1986 (the "Environment Act") provides for the protection and improvement of environment. The Environment Protection Act establishes the framework for studying, planning and implementing long-term requirements of environmental safety and laying down a system of speedy and adequate response to situations threatening the environment. It is an umbrella legislation designed to provide a framework for the coordination of central and state authorities established under the Water Act, 1974 and the Air Act. Under this act, the Central Government is empowered to take measures necessary to protect and improve the quality of environment by setting standards.

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The Air (Prevention and Control of Pollution) Act, 1981 The objective of this Act is to provide for the prevention, control and abatement of air pollution, with a view of carrying out the aforesaid purposes, of Boards and for conferringpowers and functions relating to matters connected therewith. Decisions were taken at the Conference on the Human Environment (Stockholm, 1972), 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. Under the said Act, establishing or operating any industrial plant in the pollution control area requires consent from SPCBs (State Pollution Control Board). The Water (Prevention and Control of Pollution) Act, 1974 The objective of the Water (Prevention and Control of Pollution) Act is to provide for the Prevention and Control of Water Pollution and the maintenance or restoration of the wholesomeness of water. The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the levy and collection of a Cess on water consumed by persons operating and carrying on certain types of industrial activities, with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. The Act was last amended in 2003.

Wildlife Protection Act, 1972 According to the Wildlife Protection Act, 1972 ‘wildlife’ includes any animal, bees, butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any . 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)’. Whenever, any part of Wildlife Sanctuary / National Park is getting affected by a hydro project the forest proposal in respect of such project is entertained by MoEF, GOI only after permission of de-reservation/denotification of Wildlife Sanctuary or National Park has been accorded. After recommendation of Standing Committee of NBWL proposal for de-reservation/de-notification is ratified by Honorable Supreme Court.The objective is to provide protection to the listed endangered flora and fauna and ecologically important protected areas.

Hazardous Wastes Management Regulations 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. Hazardous waste means any waste which, by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics, causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances. The Biological Diversity Act, 2002

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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.”

The Forest (conservation) Act, 1980 The Forest Conservation Act, 1980 was enacted to help conserve the country's forests. It strictly restricts and regulates the de-reservation of forests or use of forest land for non-forest purposes without the prior approval of Central Government. To this end the Act lays down the pre-requisites for the diversion of forest land for non-forest purposes. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest areas inhabited by them and provides a framework for according the same. The Indian Forest Act, 1927 consolidates the law relating to forests, the transit of forest-produce and the duty livable on timber and other forest-produce. This Act provides for the conservation of forests and regulating diversion of forestlands for non- purposes. When projects fall within forestlands, prior clearance is required from relevant authorities under the Forest (Conservation) Act, 1980.

Other laws related to Environment Public liability Insurance Act, 1991 was enacted with the objectives to provide for damages to victims of an accident which occurs as a result of handling any hazardous substance. Coastal Regulation Zone Notification isan objective to ensure livelihood security to the fishing communities and other local communities living in coastal areas, to conserve and protect coastal stretches and to promote development in a sustainable manner based on scientific principles. The Shore Nuisance (Bombay and Kolaba) Act, 1853is the earliest act concerning control of water pollution in India. The Mines Act, 1952 India has a cultural history of contributing most of its economy through ‘Mining’. A country with 80 percent being produced by public sector companies and rest by private companies; legislation was needed to regulate and examine the scams or haphazard prevailing in the mining industry. The Serals Act, 1867 The Act enjoined upon a keeper of Serai or an inn to keep a certain quality of water fit for consumption by “persons and animals are using it” to the satisfaction of the District magistrate or his nominees. Failure for maintaining the standard entailed a liability of rupees 20. The Act provides for the creation of River Boards for regulation and development of interstate rivers and river valleys. One of the functions of the Board is to advise to the Government concerned on “prevention of pollution of the waters of the interstate rivers”. The River Boards Act, 1956

The Factories Act, 1948 Factories Act, 1948 is 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. The Damodar Valley Corporation Act, 1948

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The Act government the Corporation to make regulations with the previous sanction of the Central Government for preventing “pollution of water”. Obstruction in Fairways Act, 1881 Section 8 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 Fisheries Act, 189 The Indian Fisheries Act, 1897 contains seven sections. Section 5 of the Act prohibits destruction of fish by poisoning water. The Merchant Shipping Act, 1958 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 India is signatory to various multilateral condition understandings (MEA) and conventions. A review of a portion of the major MEAs and India's commitments under these is introduced underneath.

Convention on International Trade in Endangered Species of wild fauna and flora (CITES), 1973 The point of CITES is to control or forestall universal business exchange jeopardized species or items got from them. Refers to does not look to straightforwardly secure jeopardized species or diminish advancement rehearses that crush their living spaces. Or maybe, it looks to diminish the financial motivating force to poach imperiled species and wreck their environment by shutting off the universal market. India turned into involved with the CITES in 1976. Worldwide exchange all wild widely varied vegetation when all is said in done and species secured under CITES is controlled mutually through the arrangements of The Wildlife (Protection) Act 1972, the Import/Export strategy of Government of India and the Customs Act 1962.

Montreal Protocol on Substances that exhaust the Ozone Layer (to the Vienna Convention for the Protection of the Ozone Layer), 1987 The Montreal Protocol to the Vienna Convention on Substances that exhaust the Ozone Layer, came into power in 1989. The convention set focuses for lessening the utilization and creation of a scope of ozone exhausting substances (ODS). In a significant development the Protocol perceived that all countries ought not be dealt with similarly. The understanding recognizes that specific nations have added to ozone consumption more than others. It additionally perceives that a country's commitment to diminish current emanations ought to mirror its innovative and money related capacity to do as such. Along these lines, the understanding sets progressively rigid norms and quickened eliminate schedules to nations that have contributed most to ozone consumption. India agreed to the Montreal Protocol alongside its London Amendment in September 1992. The MoEF has set up an Ozone Cell and a guiding board of trustees on the Montreal Protocol to encourage execution of the India Country Program, for eliminating ODS creation by 2010.

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To meet India's duties under the Montreal Protocol, the Government of India has additionally taken certain approach choices.

• Goods required to actualize ODS eliminate ventures subsidized by the Multilateral Fund are completely excluded from obligations. This advantage has been likewise stretched out to new ventures with non-ODS advances.

• Commercial banks are disallowed from financing or renegotiating speculations with ODS advances. The Gazette of India on 19 July 2000 informed principles for guideline of ODS eliminate called the Ozone Depleting Substances (Regulation and Control) Rules, 2000. They were advised under the Environment (Protection) Act, 1986. These standards were drafted by the MoEF following counsels with ventures and related government divisions. Basel Convention on Transboundary Movement of Hazardous Wastes, 1989 Basel Convention, which went into power in 1992, has three key targets:

• To diminish transboundary developments of unsafe squanders.

• To limit the formation of such squanders; and

• To preclude their shipment to nations coming up short on the ability to arrange risky squanders in an ecologically solid way.

India confirmed the Basel Convention in 1992, soon after it came into power. The Indian Hazardous Wastes Management Rules Act 1989 incorporates a portion of the Basel arrangements identified with the warning of import and fare of unsafe waste, unlawful traffic, and obligation. India sanctioned the Basel Convention in 1992, not long after it came into power. The Indian Hazardous Wastes Management Rules Act 1989 includes a portion of the Basel arrangements identified with the warning of import and fare of risky waste, illicit traffic, and obligation.

UN Framework Convention on Climate Change (UNFCCC), 1992 The essential objectives of the UNFCCC were to balance out ozone harming substance outflows at levels that would forestall hazardous anthropogenic obstruction with the worldwide atmosphere. The show grasped the guideline of regular yet separated obligations which has guided the appropriation of an administrative structure. India consented to the arrangement in June 1992, which was sanctioned in November 1993. According to the show the decrease/impediment necessities apply just to created nations. The main announcing commitment for creating nations identifies with the development of a GHG stock.

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India has started the arrangement of its First National Communication (base year 1994) that incorporates a stock of GHG sources and sinks, likely weakness to environmental change, adjustment measures and different advances being taken in the nation to address environmental change. The further subtleties on UNFCC and the are given in Atmosphere and atmosphere section.

Convention on Biological Diversity, 1992 The Convention on Biological Diversity (CBD) is a lawfully official, structure settlement that has been confirmed up to this point by 180 nations. The CBD has three primary purpose zones: protection of , manageable utilization of natural assets and evenhanded sharing of advantages emerging from their feasible use. The Convention on Biological Diversity came into power in 1993. Numerous biodiversity issues are tended to in the show, including living space conservation, licensed innovation rights, bio safety, and indigenous people groups' privileges. India's drives under the Convention are point by point in the part on Biodiversity. These incorporate the proclamation of the Wildlife (Protection) Act of 1972, altered in 1991; and support in a few global shows, for example, CITES.

UN Convention on Desertification, 1994 Agents to the 1992 UN Conference on Environment and Development (UNCED) suggested foundation of an intergovernmental arranging panel for the elaboration of a universal show to battle desertification in nations encountering genuine dry spell and additionally desertification. The UN General Assembly settled such an advisory group in 1992, that later helped plan of Convention on Desertification in 1994. The show is as it underwrites and utilizes a base up way to deal with global natural collaboration. Under the details of the show, exercises identified with the control and easing of desertification and its belongings are to be firmly connected to the requirements and investment of nearby land-clients and non-administrative associations. Seven nations in the South Asian area are signatories to the Convention, which targets handling desertification through national, provincial, and sub-territorial activity programs. The Regional Action Program has six Thematic Program Networks (TPN's) for the Asian area, each headed by a nation task administrator. India has the system on agro forestry and soil protection. For subtleties allude to the land asset section.

Global Tropical Timber Agreement and The International Tropical Timber Organization (ITTO), 1983, 1994 The ITTO set up by the International Tropical Timber Agreement (ITTA), 1983, came into power in 1985 and got operational in 1987 [3]. The ITTO encourages conversation, interview and worldwide collaboration on issues identifying with the worldwide exchange and use of tropical wood and the feasible administration of its asset base. The replacement consent to the ITTA (1983) was haggled in 1994 and came into power on 1 January 1997. The association has 57-part nations. India confirmed the ITTA in 1996.

UNEP is the main worldwide voice on nature. It gives administration and energizes organization in thinking about the earth by rousing, educating, and empowering countries and people groups to improve their personal satisfaction without trading off that of people in the future. India's rise as a

45 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 worldwide ecological pioneer has been insisted by the world lately. India was the worldwide host of 2018 World Environment Day which occurred on June 5, 2018. With "Beat Plastic Pollution" as the topic, the world met up to battle single-utilize plastic contamination. India's place in the vanguard on issues running from environmental change to plastic contamination is a characteristic fit. Head administrator Narendra Modi was granted the UN's most noteworthy natural respect 'Victors of the Earth' in 2018, for his initiative of the International Solar Alliance and vow to dispense with single-utilize plastic in India by 2022. Around the same time, Cochin International Airport was additionally given a similar honor for Entrepreneurial Vision, for being the world's first completely sunlight based controlled air terminal. India has had a nearby commitment with United Nations Environment Program (UNEP) since its commencement and there are progressing and actualized UNEP ventures in India. Service of Environment, Forests and Climate Change is the nodal Ministry managing India's commitment with UNEP. India's High Commissioner to Kenya H.E. Mr. Rahul Chhabra is certify as the Permanent Representative of India to UNEP. Joined Nations Environment Assembly the United Nations Environment Assembly (UNEA) is the world's most elevated level decision making body on nature. UNEA appreciates the widespread participation of each of the 193 UN Part States and the full association of significant gatherings and partners. It accumulates clergymen of condition in Nairobi, Kenya at regular intervals. Hon'ble Minister of State (Independent Charge) for Environment, Forest and Climate Change, Information and Broadcasting and Minister of State for Parliamentary Affairs, Shri Prakash Javadekar, drove the Indian assignment to the first UNEA in Nairobi in 2014. The fourth meeting of the UN Environment Assembly (UNEA-4) occurred from 11-15 March 2019 in Nairobi, Kenya, as concurred during UNEA-3 in December 2017. The fifth meeting of the United Nations Environment Assembly will occur in Nairobi 22-26 February 2021. The topic of the UNEA-4 was Innovative Solutions for natural difficulties and supportable creation and utilization. In a critical first, India guided goals on two significant worldwide condition issues identifying with Single-use Plastics and Sustainable Nitrogen the boardand the two goals were received with accord. India additionally facilitated, in the High-Level 2 Segment of UNEA, a meeting on "Worldwide Partnerships: Key to Unlocking Resource Efficiency and Inclusive Green Economies". It was featured that atmosphere fund is a significant switch for atmosphere activity identified with both alleviation and adaption in the creating nations. The commitments to atmosphere money should be in consonance with the essential standards of basic yet separated obligation and capacities (CBDR-RC). Atmosphere account is a greater amount of a commitment of the created nations, considering their recorded discharges. The accessibility of adequate, extra, and unsurprising atmosphere money is a key for activity.

Indian judiciary is supposed to be the first to show more prominent concern and due consideration regarding the security of condition from different fertilizations. A scrutiny of the interesting choices of different High Court's just as the Supreme Court says a lot about the critical pretended by the judiciary has opened new yearnings in the field of ecological protection. Through its lobbyist approach stepped up to the plate being developed of natural Jurisprudence.

JUDICIAL ACTIVISM FOR ENVIRONMENT PROTECTION IN INDIA

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‘As chemotherapy is a treatment for a carcinogenic body, similarly judicial activism is a dire cure for a drastic disorder called politics.’ Protection of environment in India’s post-independence era was often neglected due to the need of industrialization and political disturbances within the country. However, the Bhopal Gas Tragedy left the whole country in shock thereby marking the beginning of development of environment protection strategies at the Centre. After this, there was a high rise in judicial activity concerning environment. The Supreme Court and High Court have worked from case to case in order to make environment a fundamental right. The Hon’ble Courts also extended the scope of environmental provisions to include rights like right to clean water and fresh air as a part of Article 21 of the Constitution of India. The Courts are recognized to be the most powerful judicial bodies whose judges play an unprecedented governing role. The use of judicial power to ensure that the government rightly does its job acts as a check on the powers of the government making it accountable. However, unless the decision of the court is executed and implemented properly, its effectiveness is questionable. Thus, it is very important to ensure that the judgment is able to transcend the judicial boundaries and enter the field of the execution or the legislature. The Indian judiciary has refused to be a passive spectator and thus, is actively working to catalyze new policy measures and law reforms. Judicial activism is not limited only to expanding the scope of laws through interpretations, but also includes the creation of a new laws or the exercise of policy by extensive judicial review of executive action. Even though the rise of judiciary has been criticized by various individuals, the revolutionary judgments have led to the development of a mechanism of checks on environmental and human rights violation through judicial activism. The emergence of new concepts like PIL (Public Interest Litigation) helped in establishing the pillar of social and economic justice. It is also referred to as a tool for improvement. This not only impacted India, but also various foreign scholars globally. The use of PIL by litigants provides them a wide locus standi and has led to emergence of cases like M.C. Mehta v. Union of India. Also, there are no adverse effects of these proceeding and prompt action is taken. The country has viewed various landmark judgments in the past few years that have totally changed the perception of environmental laws in India. Some examples of these include shifting tanneries from Kolkata and Kanpur in order to save river Ganges, forcing commercial vehicles to convert to Compressed Natural Gas (CNG) and shifting polluting industries out of Delhi to improve air quality of the city, the closure of limestone quarries in UP and the introduction of the principle of Absolute Liability for hazardous firms. The courts in this process also tried to fill the gap between development and enforcement of various laws and acts (Mining Laws, Water Act and Environment Protection Act). The judiciary is trying to bring in a remedy to the existing legislations by adopting this active stance and is constantly working to extend its judicial activism to environmental issues and concerns. It is noteworthy that the corpus of environmental jurisprudence provides that implementation of any law or policy begins with the concerned citizens, who are ready to follow them. According to Learned Judge Hand, people rest too much hopes upon constitutions, laws and courts. He believes

47 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 that these are false hopes as liberty lies in the hearts of men and women and when it dies there, no constitution, law or court can save it. The discourse of India’s active judiciary has evolved considerably in the past few decades. The Courts have been extremely vigilant while analyzing these cases and have established a strong foundation for environmental protection, however these developments brought forth through judicial activism are insufficient and satisfactory outcomes haven’t been achieved yet. For judicial activism to function properly, it is mandatory that the branches of the government support each other and the citizens obey judicial orders. Otherwise, there’s a possibility of failure of judicial decisions.

IMPORTANCE OF JUDICIARY IN ENVIRONMENTAL PROTECTION The Courts have taken an extraordinary step by actively contributing in the strengthening the fundamental rights granted by the Constitution through its activism. The Indian judiciary has set up an example for other nations. The judiciary plays an important role in balancing public interest issues relating to health along with ecology. For example, in the very famous Ganga tanneries case, it was observed that even though the closure is likely to cause unemployment and loss of revenue; life, health and ecology were considered to be of greater importance. Professor Upendra Baxi, a supporter of judicial activism wrote in 1985 that the ‘Supreme Court of India’ has often become ‘Supreme Court for Indians’ by taking up initiatives beyond imagination to serve its purpose. The courts have also used Constitutional provisions to develop as well as provide justification to the Right to Environment being incorporated as a part of Right to Life under Article 21 by incorporating it as a Fundamental Right. The court in different cases has directed the concern authorities to include right to health of workers, pay minimum wages to workers, promote conservation of wetlands, preserve the quality of air river water and land among other things. In the case of Goa Foundation, the Apex Court observed that where a conflict between ecological protection and development activity exists, the court shall have the responsibility of striking a balance between the two. The courts play a pivotal role in protecting environment as they apply, interpret as well as review the laws passed by the Legislature. Judicial precedents are highly important role in building a form of common law for the environment. In India, judicial precedents hold an important value and have persuasive value over the lower courts. Even though the Courts have no power to determine merits of a decision of administrative law, they hold the power to review the process of decision making under the purview of judicial review. Thus, the courts also ensure balanced working among organs by maintaining checks prescribed by the Constitution. Thus, the importance of Courts in protecting environment shouldn’t be neglected. THE DRAFT EIA (Environmental Impact Assessment)

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The Ministry of Environment, Forest and Climate Change (MoEFCC) has proposed the draft Environmental Impact Assessment (EIA) notification 2020, that aims to replace the notification of 2006 that is currently being followed. Environmental Impact Assessment is the process for evaluating the impact of a proposed project on the environment. It is considered to be the decision- making tool, used to decide whether final approval should be granted to a project or not. The draft is issued under the powers vested in the Central Government under the Environment (Protection) Act, 1986 that grants the authority to take all possible measures for “protecting and improving the quality of the environment. The EIAs have been considered to be equivalent to ‘Jan Sunwai’, where the community is the jury. They are considered to be a part of participatory justice. It involves participation of all concerned citizens in the decision-making process. This new notification tries to make the process more transparent and expedient by introduction of an online system along with further delegation, rationalization and standardization of the process. However, some environmentalists believe that this notification will dilute the process of EIA. The draft notification of 2020 contains a clause that is dedicated to providing definitions of several terms related to EIA. This will resolve the issue of ambiguity of the present law by consolidating the EIA rules. Some improvements are suggested below: a. Access to information regarding EIA should be provided and awareness about public hearing, along with its impact should be increases. b. Bureaucratic delays and complex laws hamper the process. Thus, delay in granting environmental clearance should be curbed. c. The concept of sustainable development should be upheld rather than the policy of ‘grow now, sustain later’.

NATIONAL GREEN TRIBUNAL (NGT) The National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from the India's constitutional provision of (Constitution of India/Part III) Article 21; Protection of life and personal liberty. The NGT was established on 18 October, 2010 under the National Green Tribunal Act 2010. The objective of the Central Government was to provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions. With the establishment of the NGT, India became the third country in the world to set up a specialized environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same. The NGT has five places of sittings; New Delhi is the Principal place of sitting along with Bhopal, Pune, Kolkata and Chennai.

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Up to the year 2016, 2051 judgments were delivered by the NGT (including zonal benches) in total. The number of environmental judgments delivered by the NGT from its inception is on an increasing trend, indicating the growing environmental concerns in a developing country like India. Structure The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members. They shall hold office for term of five years and are not eligible for reappointment. The Chairperson is appointed by the Central Government in consultation with Chief Justice of India (CJI). A Selection Committee, formed by central government appoints the Judicial Members and Expert Members. There should be10-20 full time judicial members and Expert Members in the tribunal. On 18 October 2010, Justice Lokeshwar Singh Patna became its first Chairman. Retired justice Adarsh Kumar Goel is the incumbent chairman.

Jurisdiction and Powers of the National Green Tribunal The National Green Tribunal has the power to hear all civil cases relating to environment that are linked to the implementation of all the laws listed in Schedule I of the Act. However,it has not been given the powers to hear any cases relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests and tree preservation. The tribunal, being a statutory authority, not only exercises original jurisdiction on filing an application but also has appellate jurisdiction through which it hears appeals as a Court. It is not bound by the procedure mentioned under the Civil Procedure Code, 1908 and it applies the principles of natural justice while deciding any matter. All the principles such as sustainable development, polluter pays and precautionary principles are considered by the tribunal before deciding any case. NGT is authorized to provide relief and compensation (including accident occurring while handling any hazardous substance) as well as restitution of property damaged and environment for such areas, as it may think fit.The Act also provides a procedure for a penalty of imprisonment up to three years or fine up to ten crore rupees or both. Strengths of NGT  The National Green Tribunal has emerged as a critical role player in regulating environmental issues ranging from to deforestation.  It offers a path for the evolution of environmental jurisprudence by setting up an alternative dispute resolution mechanism.  It reduces burdens on higher courts by specifically dealing with environmental cases  It is less formal, less expensive and a faster way of resolving environment related disputes.  It plays an important role in curbing damage to the environment.  The Chairperson and the other members are not eligible for reappointment so they can give judgments without any pressure.  It ensures that the Environment Impact Assessment process is strictly observed.

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Can someone personally argue a matter before the NGT? Yes, one can argue his case personally before the NGT without hiring a lawyer only when he/sheis well acquainted with the circumstances and facts of the case along with some knowledge about the law and its procedures. Also, the guidelines of NGT should be followed.

Suo Motu Applications NGT does not have power for Suo motu appeals under the NGT Act, leading to the question, ‘can NGT take Suo Motu cognizance of an environmental matter?’. This was discussed by Shrotria (2015), citing examples of a few of the cases that the NGT dealt with. It was also challenged in the Madras High Court, which disagreed with the argument made by the tribunal that it is empowered to evolve its own procedure and it can take Suo motu cognizance of an environmental issue. In the year 2016, there were a total of 11Suo motu appeals taken by the NGT. In the matter of Suo motu proceedings initiated on a petition received from Sri. K.J. Poulose, Ernakulam (Application No.389 of 2013), the NGT issued directions to the State Pollution Control Board (SPCB) for prevention of pollution of the river Periyar by Industries and to take appropriate action in case of violation, including closure of the units, after following due process of law.

Landmark Judgments of NGT i.The POSCO Case

It is one of the most important cases in NGT’s history. POSCO, world’s fourth-largest steelmaker signed a MoU with the Odisha government to set up a 12-million-tonne-capacity steel project in Jagatsinghpur district and it was an attraction for the global media for being the biggest foreign direct investment in India. It suspended the Odisha Government’s order for the establishment of the plan and it is considered as a radical step in favor of the local communities and forests. By keeping its objective of establishment intact, Tribunal has pronounced the judgment on the ground to support sustainable development and valued local communities above economic profit from the project.

ii. Goa Foundation Case

This was the landmark case through which NGT’s jurisdiction in all civil cases involving a considerable question of the environment was established. The petition was filed for the protection of the and requested for directions to the respondents to exercise the powers conferred upon them under the enactments stated in Schedule I to the National Green Tribunal Act, 2010 (for short “the NGT Act”) for preservation and protection of Western Ghats within the framework, as enunciated by the Western Ghats Ecology Expert Panel in its report dated 31st August, 2012. The Tribunal directed the MoEF to file its reply on the report within 4 weeks.

51 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 iii. Art of Living Festival on Yamuna Flood Plain

NGT Panel found that the organizers of the Art of Living Festival violated the environmental norms and it has severely damaged the food plane area at the bank of Yamuna River in Delhi. Earlier, the Government of Delhi and Delhi Development Authority (DDA) has permitted the Art of living festival organizers but it was an under some conditions. The NGT panel imposed a penalty of Rs. 5 Crore on Art of Living Foundation as environmental compensation after coming down heavily on the foundation for not disclosing its full plans. The panel also warned AOL Foundation that in case of failure to pay the penalized amount the grant of Rs.2.5 crore which the ministry of culture is supposed to pay AOL will be attached.

iv. Ms. Betty C. Alvares v. The State of Goa & Ors. A complaint regarding various instances of illegal construction in the Coastal Regulation Zone of Candolim, Goa was made by a personal of foreign nationality.This case was initiated in Goa but was then transferred to the National Green Tribunal. The tribunal disagreed from the first objection in the case. The scope of Article 21 should not be narrowed. The court held that even if the complainant was not Indian then also the application was maintainable. A foreigner national can also approach the National Green Tribunal. v. Almitra H. Patel & Ors. v. Union of India & Ors. It is alandmark case dealing with the issue of solid waste management in India. A PIL under Article 32 of the Constitution was filed in which the petitioner sought the urgent improvement in the practices followed for the treatment of solid waste or garbage in India. The tribunal considered it one of the major problems faced by India. After hearing the case the tribunal issued over 25 directions asking all the states and UTs to strictly follow and implement the Solid Management Rules, 2016. A complete prohibition on open burning of waste on lands was made after the case. vi. Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda hydro Power Co. Ltd. & Ors.

The principle of no-fault liability got invoked. In this judgment, the NGT relied on the ‘polluter pays’ principle and made a private entity liable to pay compensation. They were made the subjects to a code of environmental jurisprudence. vii. Save Mon Region Federation and Ors. v. Union of India and Ors.

Save Mon Region Federation filed an appeal along with a social activist for the clearance given to a hydro project worth INR 6,400 crore which was close to a wintering site for the Black-necked Crane, included under Schedule I species (Wildlife Protection Act, 1972), and ‘Threatened Birds of India’. It also had other endangered species such as the red panda, snow leopard, etc. The tribunal gave orders to suspend the clearance for the project, directing the EAC to make a new

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proposal for environmental clearance and Ministry of Environment and Forest in the country to prepare a study on the protection of the bird involved in the case. viii. Samit Mehta v. Union of India & Ors.

An environmentalist filed an application regarding the damage caused by the sinking of a ship which was carrying coal, fuel oil and diesel. Due to the sinking, a thick oil layer was formed on the surface of the sea which caused damage to the marine . The tribunal was of the view that negligence could be attributed to some of the respondents and they had not adhered to the pre- voyage principles. In this case ‘Polluter Pays’ principle was invoked.

Challenges to NGT orders in Court;A Growing Concern While the National Green Tribunal has acted as an “effective deterrent” to violations of environmental norms, recent challenges to its decisions in high courts is a growing concern, according to an expert analysis of the green body’s functioning. It was recently criticizedfor Art of Living Case. It has no means for effectively supervising and implementing its orders. Also,ordersfound to be unworkable or require modification cannot be reversed. Petitioners have been invoking Article 226 (power of High Courts to issue writs) to challenge decisions of NGT. The Supreme Court is yet to decide, which decisions of the NGT can be challenged before the High Courts, and on what grounds.

Criticism

NGT has been a part of the controversies since the beginning. One of the major criticisms is that it lacks judicial independence from the government. The bureaucrats appointed to the tribunal can still hold their post in the government which leads to the possibility of biased decisions. Currently, with only four judicial and two expert members, the NGT appears paralyzed as it has never achieved the minimum strength of ten judicial and ten expert members to address the issues. The establishment of NGT also took away the right of civil courts to admit cases regarding environmental issues. Even a PIL cannot be filed in the High Court as only NGT has the power to deal with environmental litigation. Also, lack of NGT is every state creates a void that cannot be filled. There are already a number of legislations which have been passed by the Parliament of India to deal with the environment and forest conservation. NGT adds another feather to this by specifically dealing with environmental issues. Although, it is still facing a lot of criticism, it is believed that it would evoke the much-needed reform within the method the courts contend with environmental problems. The NGT is working and pronouncing its judgment brilliantly on the cases related to environmental issues and challenges however, a need to make it more autonomous and efficient in a view to the growing concern regarding the environment and climate change exists.

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GOVERNMENT ROLE IN ENVIRONMENT PROTECTION

Environment debate was first time introduced in the parliament during the tenure of Indira Gandhi first term as Prime Minister of India. India have been the world first countries to enact laws to protect the environment and wildlife. This was started in 1972 with the enforcement of Wildlife Protection Act, 1972.These political and constitutional changes lead to the formation of Ministry of Environment and Forest in 1985. Although tackling climate change was already a responsibility of the ministry, its priority was raised when in May 2014 the ministry was renamed to the current title of Ministry of Environment, Forest and Climate Change. Since then, there have been many more environmental laws enacted by the Govt. of India for the protection if forest and wildlife in our country. Till now we have discussed in detail about various laws and acts formulated by the government. Apart from them the government has also committed to the cause of public awareness of environment conservation, reflected in its outreach, educational programs involving its ministries, environmental monitoring agencies, NGOs, academic and research institutions. The Ministry of Environment and Forests (MoEF) have played a leading role in environment monitoring, assessment and pollution control. National level institutions like NEERI, NIO and TERI are actively involved in research to find feasible solutions to our environmental problems and in dissemination of relevant information through their publications. All these organization and the media must work together to combat against pollution and thus create a healthy environment. The need for integrating environmental factors into the process of planned sustainable development was first highlighted in the Fourth Five Year Plan (1969-1974). Thus, in our country the debate between environments versus development was triggered as early as in the 1960s. The other important milestones in the path of environment conservation are: 1. In 1972 the National Committee on and Coordination (NCEPC) was set up to serve as a high-level advisory body to the government. 2. In 1980 the N.D.Tiwari Committee was appointed which recommended the setting up of an independent Department of Environment under the Government of India, which subsequently became a full-fledged Ministry of Environment and Forests in 1985. 3. The Wildlife Protection Act was passed in 1972(and subsequently amended in 2002) for setting up National parks and sanctuaries. 4. The Wildlife Protection Rules were passed in 1973 for the protection of all bird and animal species irrespective of their habitat. As a result, conservation projects were launched for endangered species which have contributed in a large measure to the increase in wildlife in India especially Project Tiger. 5. Forest Conservation Act of 1980 for protection of all types of forests and prevention of non-forest activities was amended in 1998. 6. Environment Rules for Siting of Industrial projects were passed in 1999. 7. The Biological Diversity Act of 2002 laid down clear guidelines for conservation of the biological diversity of the country.

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8. The Prevention of cruelty to animals Act of 1960 was later amended to Animal welfare Act in 2006. 9. The State /Union Territory Minor Forest Produce (Ownership of Forest Dependent Community) Act of 2005 was a landmark legislature which recognised the legitimate rights of the forest dwellers to the use of forest produce. 10. The National Green Tribunal Act of 2010 which enables creation of special tribunals for expeditious disposal of cases involving environment. Institutional Initiatives: Several national level scientific institutions are engaged in research for finding feasible solutions to environmental problems facing the country. 1. National Environmental Engineering Research Institute (NEERI), one of the 39 laboratories under CSIR with headquarters at Nagpur and five zonal laboratories, is engaged in providing innovative and cost-effective solutions in the following thrust areas: a. Recovery and of waste from industry, b. Waste water recycling for zero discharge, c. Air and water pollution, d. Environmental biotechnology, e. Toxic waste management, f. Impact of salinity on soil. NEERI also disseminates information regarding environmental issues through its journal, website, annual reports, publications and newsletter 2. The Energy Research Institute (TERI) (earlier Tata Energy Research Institute), located atDelhi is a premier institute devoted to energy relatedstudies and has handled numerous projects dealing with climate change, biodegradable materials, biodiesel and insecticides from plants and recovery of oil from oil wells using bacteria. TERI University offers PhD programmes in climate change, forest ecology, biodiversity assessment and conservation and wetland management. TERI is deeply involved in the development of clean technologies which will be energy efficient and will have minimum adverse environmental impact. 3. National Institute of Oceanography (NIO), based at Goa is involved in the chemical, physical and biological studies of the oceans. One of the major areas of research is marine pollution and impact of land reclamation on marine life.

Initiative taken by educational Institution: In 1991 the Supreme Court of India issued directives to make a part of the curriculum as a result of which all academic institutions introduced a compulsory course in Environment Science. In addition to formal studies, several activities related to environment protection are undertaken, some of these are: 1. Organization of workshops on water analysis, waste water recycling, rain water harvesting, pesticide detection and analysis and pollution control, 2. Interaction with industry and government agencies to evolve strategies to combat environmental degradation,

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3. Use of print and electronic media to popularize eco-friendly practices, 4. Setting up Nature and Eco Clubs which involve the young in through the media of street plays, nature trails, exhibitions and planting of trees, The IITs and most universities have full-fledged departments of Environmental Science and Engineering engaged in the following areas of research of development of: 1. which consumesfewer raw materials and emitminimum pollutants than conventional technology, 2. Biodegradable materials, 3. Alternative renewable sources of energy, 4. Green Chemistry and Technology Role of Non-governmental Organizations (NGOs): Environmental NGOs typically take up causes related to climate change, air pollution, deforestation, ozone layer depletion, waste management, biodiversity and land use, land degradation etc. These NGOs play a vital role to save environment by conducting campaign, and spreading awareness. These NGOs in India help in the preservation of the environment by performing the following function:  Creating awareness among the public on the current environmental issues and solutions.  Helping government in the implementation of policies on ground level.  Facilitating the participation of various categories of stakeholders in the discussion on environmental issue.  Organizing seminars, lectures and group discussion for the promotion of environmental issue.  Publishing data, reports and research on relevant topic concerning environment protection.  Being involved in the protection of human rights to have a clean environment.  Helping the villages’ administrative officials in preparation, application and execution of projects on environmental protection.

Some of the prominent examples of environmental NGO working in India are Greenpeace India, Awaaz foundation, CERE India, Goa Foundation, WWF India, Assam science society, Bombay Natural History Society, Centre for (CEE), Centre for Science and Environment (CSE), CPR, Narmada Bachao Andalon and World Wide Fund for Nature etc. NGOs have played an active role in the protection of environment in India. These NGOs have been successful in protecting the environment to a great extent.

Recent Cases- Visakhapatnam (Vizag) Gas Leak Case: On 7, May 2020 a major industrial accident occurred at the LG polymer chemical plant in R.R Venkatapuram village located at the outskirts of Vishakhapatnam, Andhra Pradesh. During early morning a poisonous gas named styrene (which is a hazardous chemical which goes into the making of polystyrene) leaked killing 11 people. Although it has affected 1000 of people living close to that chemical plant including plants and animals. It was reminiscent of the Bhopal gas tragedy of 1984, considered one of the world’s worst industrial disasters.

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After the preliminary investigations it was concluded that the accident was likely the result of insufficient maintenance of units storing the styrene monomer which was shut down for a month due to lockdown, improper storage, and operation errors. The fumes spread over a radius of 3km (1.86 mi). Five villages (R. R. Venkatapuram, Padmapuram, BC Colony, Gopalapatnam, and Kamparapalem) were the most affected areas. Hundreds of people were rushed to hospitals following widespread breathing difficulties and sensations of burning eyes. Many had been found lying on the ground, unconscious as a result of gas exposure. The initial estimate noted at least 11 deaths and 20–25 people in critical condition. By the next day, the death toll had risen to thirteen. More than 1,000 people were reportedly exposed to the gas. [1] Legal repercussion: As a consequence of the leak a FIR (First Information Report) was filed against the LG polymer company. In the report possible charges under

 Section 278 (making the atmosphere noxious to health),  Section 284 (negligent conduct with respect to poisonous substance),  Section 285 (negligent conduct with respect to fire or combustible matter),  Section 337 (causing hurt by act endangering life or personal safety of others),  Section 338 (causing grievous hurt by act endangering life),  Section 304 (causing death by doing any rash or negligent act not amounting to culpable homicide) of the Indian Penal Code (IPC).

National Green Tribunal (NGT): Regarding the gas leak a petition was also filed in the NGT.A bench headed by the then NGT chair, Justice Adarsh Kumar Goel, was formed, and the case was scheduled to be heard The bench ordered LG Polymers India to deposit an amount of ₹50 crore (US$7.0 million) as an initial amount with the District magistrate of Vishakapatnam to mitigate the damages caused due to the incident. [2] Notices were issued to the Andhra Pradesh Pollution Control Board (APPCB), the Central Pollution Control Board (CPCB) and the Union Ministry of Environment, Forest and Climate Change (MoEFCC), which it sought the responses of the individual boards and the ministry. The report of the high-level committee headed by the NGT chair, accessed and reviewed by The Associated Press; found that the storage tanks were outdated and lacked temperature sensors, allowing the styrene vaporization to go undetected. With factory workers and the overall company inexperienced in storing tanks of such dangerous chemicals, the report blamed the incident on "gross human failure" and a lack of basic safety norm. Assam Oil Leak: On 10 June, 2020 an oil well exploded in Baghjan Assam, near the e Dibru-Saikhowa National Park, releasing a continuous stream of natural gas into the atmosphere. Due to the oil leak 2 people died and resulted in the displacement of over 3000 local people. Baghjan gas leak, is a petroleum gas and oil leak that happened in Oil India Limited's Baghjan Oilfield operated by John Energy Pvt Ltd.

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A team of experts from a Singapore-based firm were called to inspect the situation and help the OIL and ONGC teams. Despite the combined efforts by Indian and foreign experts, the well was still burning. Recently on 21 July 2020, an explosion occurred at the well number 5 and three foreign experts were injured in the incident. Legal Action: The National Green Tribunal deferred the direction to Oil India Limited (OIL) to deposit an amount of Rs.25 crores with the District Magistrate, Tinsukia, Assam for the damage caused to the environment, and the extensive flora and fauna around the plant due to the oil and gas leak which took place at Baghjan Oil well set up by OIL. The bench of Chairperson Justice Adarsh Kumar Goel, Justice SP Wangdi, Judicial Member and Dr.Satyawan Singh Garbyal, Expert Member at the principal bench in New Delhi deferred the direction till the actual amount and disbursement plan is formulated by the eight member committee appointed by the Tribunal. Also, OIL's counsel Senior Advocate Mukul Rohatgi assured the Tribunal that the public sector undertaking has set aside more than Rs.25 crores for the purpose and will easily pay whatever amount is required for discharge of its liability. Special Economic Zone (SEZ) is a specifically delineated duty-free enclave considered to be foreign territory, established solely for the purposes of trade operations and duties and tariffs. In other words, SEZ is a geographical region where economic laws are different from a country's typical economic laws. Usually the goal is to attract foreign investments and create a competitive market for local players. In India, the Special Economic Zone (SEZ) policy came into inception on April 1, 2000. Its prime objective was to enhance foreign investment and provide an internationally competitive and hassle free environment for exports. It was believed that there is a need to provide for a ‘level playing field’ to the domestic enterprises and manufacturers in order to make them globally competitive. This model was inspired by the Chinese SEZ model that emulated success through foreign direct investment (FDI) in export-oriented manufacturing. However, due to certain drawbacks and non- compliance of key provisions, India was unable to achieve a success rate equivalent to China. There are eight functional SEZs that are currently being operated at Santa Cruz (), Cochin (), Kandla and Surat (Gujarat), Chennai (Tamil Nadu), Visakhapatnam (Andhra Pradesh), Falta (West Bengal) and Noida (Uttar Pradesh) in India. Further an SEZ in Indore (Madhya Pradesh) is now ready for operation. Apart from these, 18 approvals have been given for setting up of new SEZs within the country. The environmental minister is an important member of the board of approval of the Special Economic Zones and plays a vital role in granting permission related to setting up of new SEZs and monitoring the working of the ones that already exist. Karnataka coastal region has witnessed a huge impact on the environment due to the setting up of the SEZ. The SEZs or the ‘industrial townships’ as they are called, emit huge amount of harmful gasses and are a major contributor when it comes to air pollution. Also, these industries are an enormous source of garbage creation which is not always catered to in a proper manner before being released into the environment. Thus, these SEZs act as waste-producing zones too and become hazardous zones when it comes to the health of people residing in their surroundings.

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Thus, a legal and regulatory framework is necessary to ensure environment protection in such areas. Sustainable Development Goals by NITI Aayog (SDG Index 2019-20) The SDG India Index 2019-20, developed by NITI Aayog, was launched on December 30th, 2019. The Index has been constructed spanning across 16 out of 17 SDGs with a qualitative assessment on SDG 17. It tracks the progress of all the States and Union Territories (UTs) on a set of 100 National Indicators derived from the National Indicator Framework, measuring their progress on the outcomes of interventions and schemes of the Government of India. The SDG India Index 2019-20 is intended to provide a holistic view on the social, economic and environmental status of the country and its States and UTs. It has been designed to provide an aggregate assessment of the performance of all Indian States and UTs, and to help leaders and change makers evaluate their performance on social, economic and environmental parameters. As per the SDG index, Kerala, Andhra Pradesh, Tamil Nadu, and Telangana have topped the index. On the other hand, UP, Sikkim and Odisha were among maximum improved states. 17 Sustainable Development Goals by NITI Aayog SDG 1- No Poverty A multipronged strategy is in place to eliminate poverty, which lies at the core of India's national development agenda. Maintaining an average annual GDP growth rate of 8 per cent in real terms is a critical element of the strategy for the creation of remunerative jobs for new entrants to the labor market as well as those facing redundancy in agriculture or other sectors. Secondly, targeted programs facilitate income growth for the economically disadvantaged by developing agriculture infrastructure and support services, creating productive assets, and developing skills and entrepreneurship. Social protection measures and mitigation of risks from natural and other disasters ensure that unforeseen exigencies do not disrupt the poverty reduction efforts. To measure India’s performance towards the Goal of No Poverty, five national level indicators have been identified, which capture three out of the seven SDG targets for 2030 outlined under this Goal. These indicators have been selected based on availability of data at the sub-national level and to ensure comparability across States and UTs. Tamil Nadu and Jammu & Kashmir are the top performing among State and UT respectively. Six States bagged a position in the category of Front Runners (with Index score greater than/equal to 65). However, fourteen States and three UTs fell behind in the Aspirants category (with Index score less than 50). SDG 2- Zero Hunger Hunger is not merely missing a meal for millions of people around the world, but a debilitating crisis that takes a toll on their livelihood, health and well-being. Eradicating hunger is necessary for uplifting this vast proportion of the population from abject poverty and ensuring their development. With a nearly six-fold increase in food grain production from 50 million tonnes in 1950-51 to more than 283.37 million tons in 2018-19, India has done well to expand food production and build up stocks of food grains. 5 Access to subsidized food has been made an entitlement and an incrementally efficient public distribution system enables access to food grains far and wide in the country. Special initiatives are taken to ensure access to food of vulnerable sections of people. Given the fact that 70 percent of rural Indian households are dependent on

59 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 agriculture and improved food availability is the basis of sustainable access, innovative initiatives are being introduced to modernize the agriculture and arrest the negative impacts of climate change. Goa and Chandigarh are the top-performing among States and UTs, respectively. Seven states and two UTs bagged a position in the category of Front Runners (with Index score higher than/equal to 65). However, twenty States and three UTs fell behind in the Aspirants category (with Index score less than 50).

SDG 3- Good Health and Well Being The extent of change and improvement in India's healthcare system over the past decade is remarkable; there have been significant shifts in health strategies adopted and new directions set. The emphasis on water and sanitation, primarily through the Swachh Bharat Mission, has had a considerable impact on the spread of communicable diseases. The focus on preven - tative care and holistic approaches has massively increased. The attack on malnutrition has become comprehensive through increasing the entitlement to food under the National Food Security Act and the well-targeted National Nutrition Mission and Poshan Abhiyaan. Technology is leveraged for improving the efficiency of the health management system – e-VIN (electronic vaccine intelligence network) to track and improve immunization coverage, ANMOL (ANM online) to extend better maternal and newborn care services, and use of Artificial Intelligence to improve diagnostics and treatment. There are significant efforts and initiatives to improve government accountability on health. For instance, the government has committed to enhancing public health expenditure to 2.5 per cent of GDP by 2025; the National Health Policy, 2017 recommends State governments' health budget to be more than 8 per cent of their total budget by 2020. The government is committed to establishing well equipped 1.5 lakh health and wellness centers by 2022 to ensure access to health services. Kerala and Pondicherry are the top-performing among States and UTs, respectively. Eleven States and two UTs bagged a position in the category of Front Runners (with Index score higher than/equal to 65). However, four States fell behind in the Aspirants category (with an Index score of less than 50).

SDG 4- Quality Education Leaving no one behind requires improving human capital to make informed decisions in all walks of life, including those related to breaking out from the vicious cycle of intergenerational poverty. Investing in human development requires a heavy focus on education. While the Millennium Development Goals focused on increasing student enrolment, the SDGs placed particular emphasis on improving the quality of education and learning outcomes. The shift in the approach towards school education from input to outcome-based interventions has put the education sector on a new pedestal. While SDG 4 focuses on equity, inclusion and quality of education, it also aims to build and upgrade education facilities that are sensitive to the needs of children and persons with disabilities. Himachal Pradesh and Chandigarh are top performers among States and UTs, respectively. Ten States and two UTs bagged a position in the category of Front Runners (with Index score higher than/equal to 65). However, seven States and one UT fell behind in the Aspirants category (with Index score less than 50). SDG 5- Gender Equality The principles of gender equality and objectives of gender justice are embedded in the Constitution of India and are sought to be actualized through various legislation, policies, programs, and special

60 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 government initiatives. Initiatives to eliminate poverty strive to address issues of women in poverty and those related to their access to economic assets, financial services, social protection, and opportunities for skill development and employment. Efforts to ensure access to essential services, such as food security, primary education and health care, housing, water and sanitation, are underway to address challenges affecting women and girls. Special measures are implemented to address the vulnerabilities of women and girls, facilitate equality of opportunity and provide enabling conditions for socio-economic development. Himachal Pradesh, and Jammu & Kashmir and Ladakh are the top-performers among States and UTs, respectively. Himachal Pradesh and Kerala among the States, and Jammu & Kashmir and Ladakh among the UTs belong to the category of Performers (with Index score greater than or equal to 50 and less than 65). All other States and UTs fell behind in the Aspirants category (with Index score less than 50). SDG 6- Clean Water and Sanitation Water and sanitation is the most cost-effective health intervention available. One-half of all under- nutrition is caused by lack of access to safe drinking water, sanitation and hygiene. In addition to malnutrition, diarrheal diseases are the leading cause of death among children aged five or below in the developing countries. Besides this, the issue of increasing water scarcity and deteriorating quality persists. Currently, more than 2 billion people are living with the risk of reduced access to freshwater resources; by 2050, at least one in four people is likely to live in a country affected by chronic or recurring shortages of freshwater. Water scarcity weakens food security and dwindles the incomes of farmers. Therefore, the world's sustained economic growth and productivity are in jeopardy since sustainable management of water India has the world's second-largest population but just 4 per cent of potable water. Nearly 600 million Indians face high to extreme water stress; and by 2030, the country's water demand is projected to be twice the available supply, implying severe water scarcity. There is an imminent need to continuously evolve sustainable policies and practices, especially in the current context of adverse climate change, rising demand and environmental degradation and to put in place interventions that make our water use efficient and sustainable. To ensure effective water governance, a new dedicated ministry – the Ministry of Jal Shakti, has been created to address interrelated issues resources and full access to safe water and sanitation would remain a challenge in many countries. Andhra Pradesh and Chandigarh are the top-performing among States and UTs, respectively. All States and all but one UTs (except Delhi) bagged a position in the category of Front Runners (with Index score higher than/equal to 65) (except Chandigarh, which belongs to the category of Achiever with a score of 100. SDG 7- Affordable and Clean Energy Equitable and universal access to affordable, reliable and clean energy is a prerequisite for socio- economic development in India. The Goal has three key components: universal access to electricity and clean cooking fuel, increasing share of in the country's energy mix and improving energy efficiency, endorsed in the National . For achieving full of all habitations, targeted programs are in place. Further, schemes are in place for increased access to LPG for clean cooking and reduced dependency on biomass for the households. The country's energy mix is being fast diversified by widening the renewable energy choices (solar, wind, small hydropower, and waste-to-energy, among others), augmenting installed capacity and increasing access. Energy efficiency is promoted through enforcing standards and labeling of equipment and appliances, building codes for commercial buildings, energy consumption norms for energy-intensive industries and strengthening regulatory institutions and

61 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 infrastructure. Sikkim and Pondicherry are the top-performing among States and UTs, respectively. Seventeen States and all but one UTs (except Lakshadweep) bagged a position in the category of Front Runners (with Index score higher than/equal to 65). The UT of Lakshadweep fell behind in the Aspirants category (with Index score less than 50). SDG 8- Decent Work and Economic Growth SDG 8 seeks to achieve higher economic productivity and job creation through diversification and innovations in technology, while at the same time protecting labor rights and promoting a safe and secure working environment. It also aims to eradicate forced labor, human trafficking, and child labor. With one person out of every six on the planet living in India, the country has the potential to be the engine of global economic progress. India, with a growth rate of 6.8 per cent in 2018-19, is recognized as one of the fastest-growing large economies in the world. 271 million persons escaped multidimensional poverty just between 2006 and 2016. Telangana and Chandigarh are the top-performing among States and UTs, respectively. Eighteen States bagged a position in the category of Front Runners (with Index score higher than/equal to 65). However, three States and three UTs fell behind in the Aspirants category (with Index score less than 50).

SDG 9- Industry, Innovation and Infrastructure India is implementing an unprecedented reform agenda to trigger manufacturing, spur industrialization, and promote investment and foster innovation. Major structural reforms; such as the implementation of Goods & Services Tax (GST), FDI regime liberalisation, Ease of Doing Business Reforms and introduction of the Insolvency and Bankruptcy Code, has been progressively made in the last few years. Focus on the digital revolution; internet penetration and financial inclusion are contributing to fueling growth and investment. Flag - ship programs like Make in India, Startup India, Standup India, and Skill India have been playing an essential role in augmenting the collective growth impact. These reforms are fast creating a highly conducive ecosystem accelerating the growth of innovation, creativity, entrepreneurship and business within a fast-growing formal economy. Kerala and Gujarat are the top-performing States; Delhi, Daman and Diu, Dadra & Nagar Haveli are the best performing UTs with a score of 100. Nine States bagged a position in the category of Front Runners (with Index score higher than/equal to 65). However, fourteen States and four UTs fell behind in the Aspirants category (with Index score less than 50).

SDG 10- Reduced Inequalities Inequality takes on many forms in a large and diverse country like India. There are inequalities in income and consumption; structural inequalities based on gender, religion, caste and social groups as well as regional inequalities, all of which manifest in inequalities of opportunities and access. India’s HDI (Human Development Index) value increased from 0.431 to 0.647, an increase of 50 per cent, during which India’s life expectancy at birth increased by 11.6 years, mean years of schooling increased by 3.5 years and expected years of schooling increased by 4.7 years, and GNI per capita increased by about 263 per cent. Telangana and Andaman & Nicobar Islands are the top-performers among States and UTs, respectively. Sixteen States and five UTs bagged a position in the category of Front Runners (with Index score higher than/equal to 65). However, four States and three UTs fell behind.

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SDG 11- Sustainable Cities and Communities Urbanization in India has become a necessary and irreversible process, and it is an integral determinant of economic growth and poverty reduction. The Indian approach in this area mainly consists of the following efforts- Reforms in the Real Estate Sector, Urban Transformation and Housing for all and Sustainable Urbanization. Himachal Pradesh, Goa and Chandigarh are the top performers among States and UTs, respectively. Four States and one UT bagged position in the category of Front Runners (with Index score higher than/equal to 65). However, thirteen States and three UTs fell behind (below 50). SDG 12- and Production Sustainable consumption and production is about promoting resource and energy efficiency, sustainable infrastructure, and providing access to basic services, green and decent jobs and a better quality of life for all. Its implementation helps to achieve overall development plans, reduce future economic, environmental and social costs, strengthen economic competitiveness and reduce poverty. Key areas involved in working on targets associated with SDG 12 include efficient management of natural resources like land, water, and air; limiting the generation of toxic waste and pollutants and their safe disposal; and adoption of sustainable consumption practices in public as well as private spheres. Thus, stakeholders like industries, businesses and consumers play a large part in achieving SDG 12, while the government has pre-eminently an enabling and facilitative role. Nagaland and Chandigarh are the top-performing among States and UTs, respectively. Nagaland has scored 100, making it an Achiever. Six States and four UTs bagged a position in the category of Front Runners (with Index score higher than/equal to 65). However, seven States and three UTs fell behind. SDG 13- Climate Action India, with its vast geographic diversity, has a significant number of climate regimes and diverse regional and local weather conditions. This makes the country vulnerable to climate change and related risks. In the last few years, this has manifested in the forms of floods, droughts as well as the risk from tsunamis and cyclones experienced in coastal areas. A comprehensive strategy is required to combat the effects of climate change, in all its dimensions. Karnataka and Lakshadweep are the top-performing among States and UTs, respectively. Lakshadweep has scored 100, making it an Achiever. Four States and one UT bagged a position in the category of Front Runners (with Index score higher than/equal to 65). SDG 14- Life below Water Goal 14 commits countries to conserve and sustainably use oceans, seas and marine resources. It focuses on preventing marine pollution, ending illegal and destructive fishing practices, and sustainably managing and protecting marine and coastal while increasing scientific knowledge, research and transfer of marine technology to improve marine health. Karnataka belongs to the category of Front Runner, with Andhra Pradesh, Odisha and Tamil Nadu in the Performer category. Five States-Goa, West Bengal, Maharashtra, Kerala, and Gujarat, however, are in the Aspirant category.

SDG 15- Life on Land

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Life on Earth is crucially contingent on its land systems. While agriculture is the source for a large part of the human diet, forests provide habitat to most of the world’s flora and fauna species. Positive global trends on the protection of terrestrial ecosystems and biodiversity are discernible with a progressive reduction in forest loss, increasing protection of key biodiversity areas and augmented financial flow for biodiversity protection. However, land degradation continues, biodiversity loss is rampant, are proliferating, and the illicit wildlife poaching and trafficking continue to undermine efforts to protect and restore vital ecosystems and species. Two States – Sikkim and Manipur, and two UTs – Lakshadweep and Dadra & Nagar Haveli have scored 100 thereby bagging the position of Achievers. However, one State and UT each (Haryana and Pondicherry) have fallen behind. SDG 16- Peace, Justice and Strong Institutions Goal 16 lays down the basic principles which enable the achievement of all the other goals mainly by building the foundations for peaceful and inclusive societies, robust system of justice for all, and inclusive and accountable institutions. The world has witnessed mixed trends in progress toward achieving the Goal. While the majority of countries have adopted laws and policies on individuals’ right to access information from public authorities, 32.5 per cent of them have a weak legal framework which excludes the right to appeal. India’s approach towards fostering peaceful and inclusive societies and ensuring justice and security for all revolves around enabling a sustainable development framework that is substantive and reflective of the needs and aspirations of the most vulnerable and marginalized sections of society. Gujarat, Andhra Pradesh and Pondicherry are the top-performers among States and UTs, respectively. Twenty-one States and all but UTs (except Delhi) bagged a position in the category of Front Runners (with Index score higher than/equal to 65). SDG 17- Partnerships Goal 17 – partnerships for the goals is an often overlooked, yet crucial, component of the Agenda 2030. It is based on the principle that partnerships among the government, civil society, and the private sector are at the core of the successful sustainable development agenda. Governments and the civil society must work in tandem to effectively address the new challenges posed by changing times. Both should work hand in hand with the private sector to derive innovative and cost- effective solutions to the challenges faced by the planet and its life. Inclusive partnerships need to be built at various levels – national, sub-national, and local-based on shared vision and values to drive the sustainable development agenda forward. NITI Aayog strives to realize such partnerships. Through its close collaboration with the State/ UT governments and creating platforms where the States/ UTs come together to discuss SDGs, NITI Aayog develops strong inter-government partnerships. Goal 17 stresses on the need to improve the data and statistical systems to generate better data for sustainable development. The National Indicator Framework is a big step in compiling a considerable set of data points – with 306 indicators – which will be used at the national level to monitor the progress towards sustainable development. India in 21st century (decade of action) India, home to one-sixth of all humanity, holds the key to the success of the 2030 Agenda. India in its second Voluntary National Review (VNR) has made a paradigm shift to a “whole-of-society” approach with Government of India engaging sub-national and local governments, civil society

64 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 organizations, local communities, people in vulnerable situations and the private sector. India’s commitment to the SDGs is reflected in its convergence with the national development agenda as reflected in the motto of Sabka Saath Sabka Vikaas (Collective Efforts for Inclusive Growth). The objective is to maintain a clean, green and healthy environment with peoples’ participation to support higher and inclusive economic growth through sustainable utilization of available natural resources. The Central Pollution Control Board (CPCB) has identified 302 polluted river stretches on 275 rivers. The government is aware of this challenge and has launched National Mission for Clean Ganga to address this concern. The total polluted river line length is 12,363 km. Moreover, Indian cities face a high risk of air pollution. Forests are critical to achieving sustainable environmental management. In March 2018, the Ministry of Environment, Forest and Climate Change released the Draft National Forest Policy, 2018. The 1894 and 1952 versions of the forest policy largely focused on the production and revenue generation aspects. Solid waste generation and its treatment is a pressing concern as well. In 2016, the government had estimated an annual waste generation of 62 million tons in the country, including 5.6 million tons of plastic waste, 0.17 million tons of bio-medical waste, 7.90 million tons of hazardous waste and 1.5 million tons of e- waste. In the third decade of the 21st century, one might already be witnessing any one of these water crises: failure of bore wells; stink emanating from toxic streams in the town; taps running dry; guzzling water tankers and unforeseen floods causing significant loss of life and property, etc. About 600 million in India suffer from severe water crisis; and 40 per cent Indians may not have access to drinking water by 2030 according to Government think tank NITI Aayog. This has to change in next water policy. No matter where the subject of “water” lies in the Constitution of India, the policy goals can only be achieved with collaborative or participatory mode rather than dictating via top-down approach from union to state to local agencies. Second, national water policies should connect stakeholders in diverse agencies vertically and laterally. This is because those professionals, practitioners, scholars and managers who work on the frontlines within and without government are aware of the challenges to the national policy goals. Therefore, environment situation in India needs drastic change and we all need to join hands taking SDGs from global to local.

SURVEY ANALYSIS With the help of the survey conducted, the following can be concluded (80% subjects were law students): a. around 20% people still don’t show trust in judiciary when it comes to environmental protection b. 20.8% people aren’t aware of judgments related to environmental protection c. around 55% people aren’t aware of the Environmental Impact Assessment d. many people doubt the effectiveness and working of the National Green Tribunal

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Image: Some suggestion to protect the environment Thus, it is noticeable that primary awareness about environment protection and available of laws along with the remedies is the need of the hour. Various initiatives, reforms and combined effort are to be observed in order to bring out the required changes and to accomplish the dream of living in a utopian world that is free from environmental pollution.

COMPARISON OF ENVIRONMENTAL LAWS IN INDIA AND UK We have noticed that in India, legislations relating to environmental law (exceptforests) till the Stockholm Conference of 1972. In contrast, environmental laws in UK came into existence with the emergence of the Alkali Act 1963. The inadequacy of environmental laws in India was observed only after the Bhopal Gas Tragedy. The already activist judiciary then took it upon itself to bring some immense reforms in the existing laws by way of interpretation and judicial activism. Parliament also enacted three major anti- pollution laws that are the Water (Prevention and Control ofPollution) Act 1974, the Air (Pollution and Control of Pollution) Act 1981, and theEnvironment (Protection) Act 1986. Both the term prevention and control signified that both the existing as well as new sources of pollution should be regulated. In United Kingdoms on the other hand, common law torts of nuisance, negligence (rule inRylands v Fletcher) rule inRylands v. Fletcher trespass have been used by aggrieved parties for seeking remedies in environmental matters. Statutorily, the Environmental Protection Act 1990 is the current landmark law in UK, most of the sections of which were taken from the Public Health Act 1875. Various local enactments and bye-laws also exist. The body of environmental lawsin the UK includes primary, secondary, tertiary legislation and guidance and other rules.

Britain was the first country to industrialize and hence the first one to address the environmental problems. Today, Delhi is one of the most polluted cities in the world. This situation existed in UK is early 1950s during the London Smog. Thus, the huge gap between the two countries can be

66 Legal Desire Media & Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 noticed very evidently. UK has shown quick efforts to reverse environmental degradations by evolving legislations and ensuring their implementation. India, on the contrary is still few steps away from achieving proper legislations and their implementation in order to balance the environment with industrialization. However, India has taken significant measure and has laid foundation stones to start protecting environment.

CRITICISM OF JUDICIARY IN ENVIRONMENTAL MATTERS The judiciary has faced various criticism for its actions in relation to environmental protection. The creative interpretation of laws by the judiciary is viewed with doubt. The Supreme Court has taken up initiatives to provide justice to ordinary citizens and interpret the existing provisions in light of environmental protection to develop the legal system of environmental jurisprudence. In some cases, the Supreme Court also observed that the executive, who were supposed to implement the laws, colluded with the violators and were themselves responsible for flouting the orders of the court. Also, implementation of direction and incorporation of principles has been extremely slow. The ignorance in compliance of orders and complex processes have invited various drawbacks. Hence, the Courts ware criticized on the grounds of failure to implement and enforce the orders passed by them. The inefficiency of other organs of the government has acted as a major barrier and have paralyzed the judiciary’s role in environmental protection. Also, expansion of rights under Article 21 has been considered a violation and encroachment on the law-making power of legislature. Many experts believe that judicial activism has led to a high and unnecessary interference of judiciary in functioning of the executive body. The effectiveness of PILs is also doubted along with the high burden that it confers on the judiciary, considering the existing pendency and backlog of cases. The competency of the courts to meddle with environment related issues has also invited criticism.

SUGGESTION/ RECCOMENDATIONS Few recommendations are enlisted below: 1. Separate Environment Courts should be established with people having judicial or legal experience assisted by persons having scientific qualification and experience in the field of environment. 2. The NGT (National Green Tribunal) should be strengthened.

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3. Ways to provide speedy justice in cases of environment should be inculcated in the judicial process. 4. Proper and adequate compensation should be provided along with inclusion of exemplary damages in certain cases (as required). 5. A basic rule should be legislated that covers all the requirements under its umbrella to have effective interpretation. 6. Special emphasis should be paid on the concept of environmental education. The general public should be made aware about the need to protect the environment in the current scenario.

CONCLUSION Thus, it can be concluded that though a lot of obstacles need to be cleared before achieving our goal of pollution free environment, India has taken its first step towards ensuring a healthy environment. However, the far-fetched dream of autopian sustainable world is yet to be achieved.

REFERENCES 1. https://greentribunal.in/ 2. https://www.conservationindia.org/resources/ngt 3. The Hindu Article on NGT 4. http://www.indiaenvironmentportal.org.in/category/34910/thesaurus/ngt-judgements/ 5. https://www.lawctopus.com/academike/role-indian-judiciary-protection-environment- india/ 6. International Journal of Law/ISSN: 2455-2194 7. https://shodhganga.inflibnet.ac.in/bitstream/10603/73994/14/14_chapter%207.pdf 8. https://en.wikipedia.org/wiki/National_Environmental_Engineering_Research_Institute 9. : INDIAN CONSTITUTION AND JUDICIARY 10. Journal of the Indian Law Institute, 48(1), pp.99-105. 11. https://www.nio.org/files/view/45a9397de3ab1ab 12. https://www.gjimt.ac.in/wp-content/uploads/2017/10/pdf8.pdf 13. https://watermark.silverchair.com/2643803.pdf?token=AQECAHi208BE49Ooan9kkhW 14. http://moef.gov.in/wp-content/uploads/wssd/doc2/ch2.html 15. https://in.one.un.org/who-we-are/unep-india/ 16. https://www.jstor.org/stable/4413565?seq=1 17. http://sezindia.nic.in/index.php# 18. NITI Aayog Report SDG index 2019-20 19. "Vizag Gas Leak: NGT Issues Notice To Centre, Directs LG Polymers To Deposit Rs 50 Cr". Press Trust of India. The Outlook. Retrieved 8 May 2020 20. "Probe blames safety lapses for deadly India gas leak". AP NEWS. 31 May 2020. Retrieved 1 June 2020.

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