Introduction

India ranks third in being the largest energy and oil consumer in the world. The country has emerged as a refinery hub and seeks to increase refining capacity to 400MMTPA by 2025. The nation has 13 major and some 200 non-major sea ports and intermediate ports. Out of a total of 13 major Indian ports, 12 are government and one is the Chennai port of Ennore. Marine transport in India is regulated and operated by the state and central governments. Although the shipping ministry oversees the major ports, the intermediate and smaller ports are managed by the state government in which the port is situated.

Mining is the extraction of valuable minerals from the Earth’s surface, including the oceans. With a few exceptions, a mineral is a naturally occurring inorganic material with a unique chemical composition and physical characteristics.” However for the purpose of oil mining, Mine has been defined as  all boreholes, oil wells and  petroleum plants  as well as  installations  and all other required facilities like pipelines etc. required for the purpose conveying   petroleum to an area chosen by the owner or his agent. 

Constitutionality

One of the most striking features of Indian Constitution is federalism as there is a clear distribution of legislative power between the union and the states. Article 246 of Constitution deals with distribution of power in terms of subject matter. Under this article the development and regulation of oil fields and all oil related activities will fall under the jurisdiction of the Union government by virtue of Entry 53, List I of Schedule VII. The Ministry of Petroleum & Natural Gas deals with all aspects related to oil and natural gas. However, access to land, water etc. will fall in the jurisdiction of state government. The Ministry of Mines is responsible for surveying and exploring all minerals other than natural gas, petroleum, and atomic minerals. The administration of mines and minerals is done through the Mines and Minerals (Regulation and Development) Act, 1957 for all mines and minerals other than coal, natural gas, and petroleum.

Laws Governing Oil Mining

Role of Mines Act 1952

By virtue of section 57 of Mines Act, 1952 the Central Government has in exercise of the powers conferred by this section and on the recommendations of the Committee constituted under this section 12 has published Oil Mines Regulation, 2017 in the official gazette of India. As per section 57 of the Mines Act, 1952 the central government may make regulations for the purpose of determining the appointment qualifications, duties and power of chief inspector and inspector of mines. The regulations may be made in respect to duties of owners, agents, constructors or mine workers and also to determine the qualifications of manager and agents and the people working under them. Also the power to make regulation in regards to providing facilities to perform duties, to fix fees for grant and renewal of license, inspection of workplace, and safety of workers in pits and shafts and appointment of court of inquiry. Since oil mines are prone to many complications and accidents under this same section the central government has power to make regulation in respect of making inquiries of any misconduct or incompetence and to lay down procedure in case of any accident. A separate regulation can be laid down for working or restricting women from working in mines if the labour involves danger to life.

Oil Mines Regulation 2017

Oil Mines Regulation 2017 is responsible which has been made in response to section 57 of Mines act 1952 has suppressed the Oil Mines Regulation, 1984. The regulation deals with duties of every person involved in a mine from owner to manager and person working there with. It lays down regulation for installations, drilling, workover and safety rules related to oil mines. The regulation also lays down the standards for transportation of petroleum by installing pipes, creating the design for such pipes and procedure in occurrence of gas leak or fire. Certain general safe precautions have been provided in the form of “Code of Practice” which talks about the duty of manager to examine all the equipment’s before put to use. The code of practice so framed with due regard for the type, size, and capacity of the machinery or operation in use, as well as conditions prevailing there, and a copy shall be submitted to the Regional Inspector, who may at any time make modifications in the code . Regulation 129 lays down standards for protection of environment which is to comply with the standards and guidelines of the Environment (Protection) Rules, 1986 and a safety management plan for all operations of the mine in with regards to the health, safety and environment policy, which needs to be duly approved by the competent authority of the organization The regulation 106 makes classification of hazardous area into various zones and provides general safety precaution thereof.

Impact on Environment

Report of Baghjan blowout

The village of Baghjan under the Hapjan Block of Tinsukia district experienced their worst nightmare on the morning of May 27, about 10.30. There was a blowout in well no 5. “ A committee of Experts was constituted to look into the matter with respect to causes of oil and gas leak, loss of life and environment, health hazards, any contamination to air, water and soil in the viscinity of oil well. The committee was also tasked to find out the impact on eco sensitive zone of the national park, wetland and Dibru River. Also to find out people responsible for the fire incident and the reason of failure to prevent this incident. The committee had to assess compensation for victims and damage to environment. Last but not the least the preventive and remedial measures taken.” In compliance with the orders of NGT dated April 24, 2020 a preliminary report was made which presents the progress and findings of the committee. The discussions in the report contain the reasons for the blowout, the environmental and regulatory violations, environmental damage caused by blowout and interim compensation granted to the families. On September 07, 2020 on the same site similar explosion occurred which also injured three experts working for OIL. The committee was further ordered to create a report for second explosion as well.

Preliminary Report

Since 2020 also observed the pandemic and the reason affected by the blowout was also affected by the some covid positive person, Assam had observed a lockdown. The committee of experts did not personally visit the site however through telephonic and video conferencing with the affected, residents and stakeholders  made report of critical progress.

• Analysis of Representation:

Niranta Gohain an environment and a resident of Dibru Saikhova on his representation mentioned about the illegal construction of the sites without taking environment clearances. The operation since its commencement has a huge impact on eco sensitive regions like Dibru Saikhova National park and Maguri Motapung Beel. The indigenous people were highly affected as the water from tubewell was highly contaminated due to blowout. People were getting caught by new form of diseases. Farmlands were completely damaged and the land within five to six kilometres had become non cultivable for minimum next two decades. The aquatic life in the wetlands was completely damaged. The Central Asian Flyway which is a migratory route for birds is impacted. Since government camp cannot provide facility for all residents the once who chose to stay behind are suffering from food shortage. The cattles have died grazing contaminated grass. The native species such as hornbills and tortoise have been dying.

Other representatives also mentioned about breathing issues, contaminated water and grasslands, death of aquatic animals and migratory birds. The Dibru river which is one of the tributary of Brahmaputra river has been hugely impacted and witnessed the death of ridley turtles. What was left of tea gardens has been damaged due to oily rain. Dr Das who is also the head of department of geography at Tinsukia College in Assam mentioned that species enlisted in IUCN Red Data book which were either vulnerable or near threatened have been affected by death or disappearance. 

• The Wildlife Institute of India:

The committee of expert so constituted by NGT took the expertise of The Wildlife Institute of India to assess the impact of Baghjan blowout. After conducting the survey, it was found that concentration of carcinogenic PAH was found even in fishes. The level of carcinogen found was higher in this area compared to rest of India. Sound pollution was observed. Within twelve kilometres the noise had reached seventy decibels which above as recommended by World Health Organisation. High mortality rate was observed in fishes, whales, turtles and birds. Oxygen level in water had gone very low. At Indo-Gangetic place the oxygen level was barely above Central Pollution Control Board class ‘A’ limit.

Compliances

Oil India Limited did not have consent of Pollution Control Board Assam to drill or operate a well which is also a violation under the Air Act and Water Act . Both the violations pertain to taking of permission from state board before operating or constructing any industry which may require discharge of sewage or effluents into stream or well or land in latter case and permission of state board is required if setting up industry in air pollution control area in former case.

The Supreme Court had held in case of Goa Foundations vs Union of India that as a mandate under Environment Protection Act that eco sensitive areas must be declared as protected areas . activities including mining or which pollutes the environment will be prohibited and till states have not declared them Eco Sensitive Zone the mining activities within ten kilometres of such sensitive area will require approval of National Board of Wildlife.

Violation of  Oil Mines Regulation, 2017 there was no Safety Management Plan and it is the duty of owner, manager and agent to implement safety of all operations of the mine in duly approved by the competent authority and a copy of such regulation to be sent to Chief Inspector of mines within one hundred and eighty days of commencement of such regulation. This is also followed by violation of Regulation 129 which specifically talks about protection of environment. Not complying with the standards mentioned regarding compliances and treatment and discharge of waste was a violation of the regulation.

Conclusion

In the present case study of Baghjan it is important to note that oil mining is a critical infrastructure and is subject to frequent accidents. Oil India Limited should have taken all the precautionary measures right when the signs of contamination of tube wells were noticed. The state board granted permission to such operation though only for five years but considering it is a eco sensitive zone is a violation of Environment Protection Act, and any violation to the given act is also a violation in terms Regulation 129 where the clause one itself suggests that compliance to the said act must be made. The same regulation also states that the untreated sewage, shall not be discharged into sea or any water body however the preliminary report on the basis of representation analysis suggest that the water was contaminated and livelihood was affected since the commencement of the operation, “the blowout only worsened the condition”. The aftermath of the incident is worse than can be assessed. For the environment to revive it is going to take at least twenty years. 

Right to live in a safe and pollution free environment is a fundamental right and no one shall be deprived of that. Since natural restoration is a long goal effort must be made by the government, various agencies and even individuals to revitalize the site and must come up with a safe ecological restoration plans. CAMPA (Compensatory Afforestation Fund Management and Planning Authority) is an initiative wherein activities involve compensating for forest diverted to non-forest uses. The funds received by the state from user agencies can be used for forest conservation and protection. Using this scheme to get funds for restoring forests will make this scheme economically viable for forest restoration. The main task of CAMPA is to work towards regeneration of natural forests. It was formed by the orders of the Supreme Court to evaluate compensatory afforestation activities.

Industrial development is important for the country’s progress. However, if such progress is accomplished by irresponsible mining practices that result in loss of life, fundamental necessities such as water supply, and ecological imbalance, there may be no genuine economic growth and prosperity in the end. It’s crucial to find the right balance between the two. All of these factors should be taken into account by appropriate authorities when awarding leases, as well as necessary protections to guarantee that expansion does not negatively impact the environment and ecological balance.

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Dog breeding is the practice of mating dogs with each other with an intent to maintain or produce specific qualities and characteristics. The Ministry of the Environment and Forests has released proposed regulations to govern dog breeders across the country. The rules are in place to prevent animal cruelty. Its goal is to eliminate animal suffering in this industry. The dog breeding industry is growing every day as people become more interested in new canine breeds. The government has also asked for feedback on the draft notification of the 2016 Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules.

For all dog breeders, it is mandatory to register themselves with the State Animal Welfare Board of the respective States under the new rules. In the Rules, the requirement for the breeders has been given such as related to health, housing facilities, and conditions for sale.

Breeding Methods

1. Out Breeding and Line Breeding: Out Breeding and Line Breeding are only allowed in India. Outbreeding is the mating of dogs that are not at all related to each other. Linebreeding is mating between dogs that are marginally related to each other. In this case, dogs are chosen for their special attributes to obtain certain types.
2. Inbreeding and Incest Breeding: Inbreeding and Incest Breeding are not allowed in India. Inbreeding is mating between dogs that are related. Inbreeding is breeding between relatives of the 2nd to 4th grade in straight or side-line within the first four generations e.g., uncle to niece, nephew to an aunt, cousin to cousin, grandparents to grandchildren. Incest breeding is mating between parents and children or between brother and sister, i.e., 1st-grade relatives. This is strictly forbidden. Incest breeding, as well as continued inbreeding and line-breeding, is risky since it increases the danger of hereditary diseases.
3. Female dogs should not be mated after 8 years of age.
4. All the breeders shall have a full record of the puppies that the male or female dog produces with their vaccination details.
5. Tail docking, ear cropping, or any mutation of the puppy is strictly banned and forbidden.

Rules to Regulate Dog Breeding

Following are some of the rules that every dog breeder needs to follow:

1. Every breeder must obtain a certificate of registration, which must be renewed every two years after an examination by the State Animal Welfare Board. This should put an end to some of the most heinous incidents of animal cruelty discovered in commercial breeding operations, such as dogs being held in cages for long periods without proper food or veterinary treatment.
2. Individuals who have been convicted of any offense under the Prevention of Cruelty to Animals Act (or the Wildlife Protection Act) are not eligible to be registered as breeders, taking the worst offenders out of the system for good.
3. The State Animal Welfare Board now has the right to inspect any breeding establishment for any reason, including on the receipt of a complaint from the public. 
4. In general, the new rules strengthen the hand of the government in dealing with breeders and separating those who breed irresponsibly by holding those who break the rules accountable. If the State Animal Welfare Board finds violators, they might have their licenses revoked and police charges filed.
5. Pups cannot be sold under the age of eight weeks. Studies show that dogs can develop social anxiety if separated from their mothers and litter-mates before this age.
6. Puppies from mass commercial breeders are frequently sick, weak, and generally ill animals, resulting in high death rates. Only vaccinated dogs who meet specified health conditions can be sold under the new restrictions. Every puppy sold should be microchipped, and their medical history and vaccines should be recorded. This makes it much easier for buyers to track their dog’s care, and it also encourages breeders to care for their dogs’ health.
7. Breeders should not display dogs in public places for immediate sale, which gives them time to counsel the purchasers to ensure they can take proper care of the dog.
8. It is a serious cruelty issue to discard (or even kill) dogs who do not fulfill arbitrary standards or are no longer ‘useful’ (for example, ‘breeding’ dogs who are no longer fertile). Abandonment is not only distressing for the animal, but it also contributes to the rise in the number of street dogs. It also puts a significant drain on the resources of animal rescue organizations.
9. Pedigree dogs, by their very nature, have a range of genetic issues due to generations of selective breeding. For example, Saint Bernards have hip and elbow dysplasia, pugs have skin and breathing issues, etc. Inbreeding can worsen these traits. The new rules demand better record-keeping. Thus, there are disincentives to breed dogs with near-relatives, as there is a paper trail accessible to potential buyers.

Requirement for obtaining a license for Dog Breeders

Following are the requirements for obtaining a license for Dog Breeders:

1. The breeder should be 18 years of age.
2. License from the local authority is the registration for commencing or continuing breeding activity at his premises.
3. Inspection by the team including recognized veterinary before granting the license. Inspection is Mandatory.
4. A report by the recognized Veterinary should be submitted to the local authorities. Local authorities will consider the report before determining whether or not to grant a license.
5. The local authority will inform the Board to grant a license. A copy of the report will be submitted by a local authority to the board.
6. The breeder must submit all the information requested on the application form, including a valid mailing address, and a valid address for the premises/establishment where animals, facilities, equipment, and records can be inspected for compliance. Locations of all premises/establishments, facilities, or sites where the applicant operates from, has an interest in or keeps animals, shall be provided on the application form or on a separate sheet attached to it.
7. The license granted is only for 1 year issued by the local authority. renewal of the license is necessary after inspection.

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CHURCH OF GOD (FULL GOSPEL) IN INDIA V. K.K.R. MAJESTIC COLONY WELFARE ASSOCIATION AND ORS. AIR 2000 SC 2773

MATERIAL FACTS

The Church of God (Full Gospel) in India (hereinafter referred to as the appellant) was a Pentecostal Christian hall of worship. For the presentation of their prayers, it employed loudspeakers and read-aloud prayers with drums, guitars, and other instrumental objects. The appellant was situated in the same area as the welfare association of K.K.R. Majestic Colony (hereinafter referred to as the respondent). The respondent filed a grievance to the Tamil Nadu Pollution Control Board alleging that noise pollution was caused by the church and thus created inconvenience for the residents.

Depending on the grievance, a check of the noise pollution in the area was carried out by the Joint Chief Environmental Engineer of the Board. The evaluation exhibited that the noise emission was owing to the locomotion of the vehicles. The respondent then appealed to the High Court for a criminal petition requesting authorization to the Superintendent of Police and the Inspector of Police to take measures in that respect.

The High Court maintained that in its requests, the respondent was reasonable. The study indicated hardly anything more than that the appellant was not exclusively liable for noise pollution, but that it had contributed to the current noise pollution problem. The Court ordered both the SP and the Inspector to take the appropriate measures to minimize noise pollution by initiating steps toward noise-causing vehicles and to maintain the Church’s speakers at a lower volume. The appellant, aggrieved by this ruling, moved to the Supreme Court.

ISSUES

• Whether the right to religion can supersede the right to an environment free from pollution?
• Whether the directions of the High Court undermine the right to profess and practice Christianity guaranteed under Art. 25 and Art. 26 of the Constitution?
• Whether the HC’s (i.e. Appa Rao’s case) judgment allowed the authorities entrusted to intervene in religious practices?

RULE OF LAW

• Article 25 and Article 26 of the Indian Constitution
• Madras City Police Act, 1888
• Madras Towns Nuisance Act, 1889
• Noise Pollution (Regulation and Control) Rules, 2000
• Environment (Protection) Act, 1986

ANALYSIS

This case addresses some rather critical issues: whether a single group or faction of that community can assert the right to contribute to noise pollution on the grounds of religion, in a nation with many religions and diverse cultures or belief systems? Is it reasonable to bang on drums or recite prayers using mics and loudspeakers to interrupt the neighborhood’s equilibrium or peacefulness?

The Court observed that it was not necessary to cope with the claim with regard to the rights under Articles 25 and 26 in-depth. It claimed that no religion mandates or professes that prayers must be conducted by amplifying the voice or banging drums. In that case, if the practice exists, the rights of everyone else should not be negatively impacted. It also justified that no right is unconditional to possess. The contentment of one’s rights must be compatible with the gratification of everybody else’s rights.

The court adopted the perspective that the issue at hand had no obligation to attach religious context to it. Yes, the judgment on which the High Court depends (Appa Rao’s case) authorized the entrusted officials to undertake steps on the basis of the directions established. The principles established in the case of Appa Rao were centered on the acts cited above.

Where it is not within reach to call forth voluntary equilibrium in the unrestricted movement of social powers, the State must intervene in order to correctly determine the tension between conflicting interests. A specific fundamental right does not reside in a sealed enclosure in seclusion. The fundamental right of an individual will also have to live side by side, in accordance with the fundamental right of others, with a fair and legitimate operation of power by the State in the context of the Directive principles, for the promotion of public welfare.

CONCLUSION

Therefore, the appeal was dismissed and it was held that the right to religion provided pursuant to Articles 25 and 26 of the Constitution is subject to public order and morality and that no religion may preach on large amplifiers or loudspeakers to pray, triggering discomfort and damage to other people’s health.

Practices that bother, elderly or ill people, pupils or kids sleeping in the early hours or throughout the day, or individuals engaging in other pursuits, cannot be tolerated in a functioning society in the guise of religion. It should not be overlooked that infants are accredited to retain their natural right to sleep in a healthy environment. A student studying for his test is supposed to focus on his learning without the neighbors becoming an unwanted nuisance. Likewise, individuals are required to embrace fair peacefulness during their recreational hours without any noise pollution problem. It is recognized that some of them are quite sensitive to noise, whose rights should therefore be acknowledged and protected.

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It was brought to the attention of the court by Advocate Tripti Verma who claimed that the water of Ganga and Yamuna has severely deteriorated.

According to the report submitted by the State Pollution Control Board, the water was fit for bathing but not for drinking purposes.

Several drains and other sources of untreated water have been found to be directly flown into both Ganga and Yamuna rivers which resulted in a change in color of the water, despite orders from the court to connect them to sewage treatment plants.

The court sought the government to provide details regarding the steps being taken for the treatment of drains, the duration by which all of the other drains will be connected to these treatment plants.

It has granted permission to the Amicus Curie, AK Gupta, and government counsels to visit the points where the drains are being flown into the rivers to assess the situation and apprise themselves of the sewage treatment process.

The concerned Municipal Commissioner stated that several private agencies have been appointed for the treatment of drains.

Amicus Curie contended against these submissions and alleged them to be untrue. They sought additional time to present recorded evidence.

While granting Petitioner the required time, the court ordered the Municipal Commissioner to provide the record of agreements with the private agencies who have been entrusted to treat the drains and monitor them.

The Commissioner was also ordered to disclose the details of all of the violations and the number of prosecutions launched to date.

It further ordered the authorities to implement rigorous enforcement of the ban on plastic wastes within their territorial jurisdiction.

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Introduction

Over the years, the Indian Governments have had a prodigious pressure on them to maintain a steady balance between the country’s economic necessities and developmental strategies—which has proved to be an arduous task. In order to achieve this, a colossal mistake seemed to be the brushing off of environment related issues to a dusty backseat. This is specifically true for the early years of Independence where there was no precise environment protection legislation or policies as such. The period of 1970s witnessed massive changes from indifference towards the aforesaid difficulties to consequently, taking suitable steps to improve the conditions of the state of Environmental legislations in India by reshaping it to adapt with the growing requirements. The advancements in India’s approach only came after the growing International awareness. In 1972, the United Nations Conference on Human Environment was held in Stockholm which distinctly elucidated and conceptualized, “environment” and the factors deteriorating it, for the first time.  Since then constant efforts have been made at a major scale, both internationally and in India, to integrate society, environment, development and law for the welfare of humankind.

Eventually, as a result of major issues highlighted by collected reports, a National Committee on Environmental Orchestrating and Coordination (NCEPC), an apex advisory body, was established in the Department of Science and Technology^[1]. It was constituted to promote and coordinate environmental protection and policies; and as an advisory body for ministries regarding the same. However, in 1985, this department was upraised to form an exclusive Ministry of Environment and Forests^[2].

Environmental Pollution

In the Declaration of the United Nations Conference on the Human Environment, it was observed that environment contains both natural and man-made aspects which are essential for the well-being and enjoyment of basic human rights^[3]. Additionally, the Organisation for Economic Co-operation and Development (or OECD) has defined environment as a, “totality of all the external conditions affecting the life, development and survival of an organism.”^[4]Basically, environment is the combination of biotic and abiotic factors existing together which is crucial for survival and, hence, needs to be preserved and protected. Herein, under the Environment (Protection) Act, 1986, the term environmentincludes, “water, air, and land and human beings, other living creatures, plants, micro-organisms and property.”^[5]

Environment Pollution is one of the major aspects of environmental degradation since it involves the addition of particles, heat, substances (in any form), or such other things in a massive way and faster rate which has the ability to disrupt the ecological balance^[6] and also, creates an imbalance in nature and the natural resources. Therefore, “environmental pollution” means the presence in the environment of any “environmental pollutant^[7]” under the Environment (Protection) Act, 1986^[8].

International Regulations

Since the Rio Declaration on Environment and Development (Earth Summit) held in 1992 wherein the concept of Sustainable Development was underlined, the streamlined efforts towards environmental cooperation and development have only become more innovative and modernized. Agenda 21 was thereby adopted in the aforesaid summit furthering the establishment of a Commission of Economic and Social Council of United Nations in 1993. Additionally, in 1997, the Kyoto Protocol as well necessitated change with urging the industrialized nations to lessen their “average yearly emissions of greenhouse gases” for protection from global warming.

With emphasis coming from international scenario and due to increasing awareness, rationalization of impact and the severity of pollution and environmental degradation, many countries of the world have taken this area with utmost seriousness^[9].

Internationally, nations have taken stringent measures to curb pollution and provide proper means to protect environment like overhauling internal regulatory mechanisms for maintaining and controlling the environment^[10] whereas most states have established specialized courts to meet the urgent requirement to provide environment justice. Establishment and organization of specific bodies and commissions focused solely on environmental research and development has also taken place. Herein, its pertinent to note that most states have take efficient steps to improve the current situation like: the United Kingdom has introduced number of legislations to take care of almost every aspect of civic life with the help of enforcement authorities whereas,  in the USA, Environment Protection Agency has been established, consolidating federal research. There’s implementation of environment laws, issuance of sanctions and assistance is provided among other things. Furthermore, many states in the US have established their own specialized environment courts like Indianapolis, Memphis etc.

Besides the aforementioned there’s also enactment of specific laws, steps taken by the legislature and executive, and such others policies which help in furthering environment preservation.

Indian Laws Regarding Environment Protection

In recent years there has been immense focus on the Judiciary’s role in implementing, monitoring and devising pollution control along with the preservation of environment and public interest. However judicial intervention can only be preventive and not protective. Protection, prevention and promotion of environment are primarily the job of the legislature and executive organs of the State.

The legislature has enacted several necessary environmental provisions and the remedies and general provisions are available through:

Constitutional Provisions

India has enough Constitutional provisions which tackle enviro-crimes in the country, and so the judiciary has extended the sphere of environmental jurisdiction through its land mark judgements^[11] however it doesn’t explicitly conceptualise the inter-relationship between environment and development. In India, the concern for environment protection has not only been raised to the status of fundamental law of the land, but it is also wedded with the human rights approach. The Apex Court has held that essential features of “sustainable development”, “polluter pays principle” and the “precautionary principle” are part of the environmental law of the country^[12].

Under Constitutional provisions, three main distinctions which can be drawn are: fundamental duties, directive principle of state policy (DPSP) and fundamental rights.  

Article 51-A (g) specifically deals with fundamental duties with respect to environment for protecting and improving the “natural environment”. On the other hand, DPSP’s describing the states duties under Art. 47 provides for the State to raise the levels of nutrition and standard of living of its people and public health as a primary duty. Furthermore, Art. 48-A provides for, “endeavours to protect and improve the environment and to safeguard the forests and wildlife of the country”.

Fundamental rights majorly focus on the right to life, right to livelihood under Art 21 which mandates the providing of adequate means of survival to people. It also might include the freedom to carry on trade or business under Art 19(1)(g) with “reasonable restrictions in the interest of the general public” subject to Art 19(6) to prevent hazards of any trade or business and; right to equality under Art 14. There’s also the availability of remedies through writ jurisdiction. The right to enforce fundamental rights under Art 32 in the Supreme Court is available.  

Common Law Provisions

The Common Law remedies against environmental pollution are available under the law of torts. The Apex Court in the case of, M.C. Mehta v. Union of India^[13], observed that, “environment pollution amounts to civil wrong against the whole community…in addition to damages the person guilty can be held liable to pay exemplary damages so that it can act as a deterrent for others”. The tortuous liabilities are of the following forms:

Nuisance

Nuisance can be further divided into “Private” and “Public” Nuisance. Private nuisance can be categorized as just unreasonableness interference by dust emissions, noise, smell, fumes etc., however, public nuisance is interference to the general right of the public and is to be focused on more since it’s both a tort as well as a crime. It is harmful to the general public interest in the form of environmental pollution. For instance, industrial effluents being expelled in a residential area would amount to public nuisance; it would not only expose unwilling people to disastrous levels of pollutants but also gravely affect the ecology.    

Trespass

Trespass is the direct interference in someone proprietary rights like the discharge of factory effluents onto someone’s land.

Negligence

In environmental cases, the tort of negligence is utilized when other torts or nuisance and trespass aren’t available^[14]. Under negligence it has to be proved that due care hasn’t been taken by the alleged party which has eventually resulted in some form of harm.

Strict and Absolute Liability

The rule of strict and absolute liability are very similar except for the fact that strict liability has certain exceptions to it to avoid the said charge, however liability is absolute in the latter, and can’t be escaped. The principle of strict liability was laid down in Rylands v. Fletcher^[15], wherein it was held that knowledge, default and act aren’t relevant wherein a dangerous substance is present on their property and it escapes. It has been disapproved in M.C. Mehta v. Union of India^[16] and observed the “polluter pays principle” as a more relevant principle which necessitated the payment of exemplary damages for harming the environment as a way to hold the polluter responsible to better the harm caused by them and not the government or the people. 

Furthermore, absolute liability was evolved in the (Oleum Gas Leak Case) or M.C. Mehta v. Union of India^[17], as a means to hold the industries compulsorily accountable for harming the public and environment.  

Criminal Law Provisions

The Indian Penal Code, 1860 (hereinafter, ‘the IPC’) makes various acts affecting environment as offences. Sections 268 – 294A (Chapter XIV) deal with offences affecting the “public health, safety, convenience, decency and morals”. Under these sections, acts are punishable which make environment polluted or threaten the life of people.

S. 268 of the IPC defines public nuisance and further on, S. 290 provides for punishment for the same in cases not otherwise provided for. Moreover, sections like S. 269 provides for negligent acts likely to spread dangerous infection like if the pollution is caused by an act which spreads the infection of disease dangerous to life. The IPC basically can be used to prevent pollution of atmosphere noxious to health of person in general. Furthermore, sections 426, 430, 431 and 432 of the IPC provides for general pollution caused by mischief.

Similarly the provisions of the Criminal Procedure Code, 1973 (hereinafter, ‘the CrPC’) can be invoked as well to prevent pollution. Sections 133 to 143 and; Section 144 (under chapter X, part A and B respectively) provide most effective and speedy remedy for preventing and controlling public nuisance causing air, water and noise pollution. 

The object and purpose behind S. 133 is essentially to prevent public nuisance and it involves a sense of urgency. For instance, it can be called in aid to remove public nuisance caused by discharge of effluents and air discharge causing hardship to the public. Conclusively, S. 133 confers upon the Magistracy speedy and summary power to give directions for abatement of a public nuisance. Additionally, under S. 133, the district magistrate, if so empowered by the State or Government, on such information can make a conditional order to remove the public nuisance causing pollution. If the order is failed to be carried the person may be prosecuted under S. 188 of the IPC; even the head of the government department or public body can be prosecuted for defying the order. Also in order to provide a sanction under the said section the magistrate must be satisfied of some specific conditions.   

S. 144 of the Cr.P.C. is more of a general provision meanwhile S. 133 is more specific, while the order under the latter is conditional, in the former its absolute.

Herein it is noteworthy that using criminal law machinery is not a bar even as person the Environment (Protection) Act, 1986. Like it was held in Lakshmi Cement v. State^[18], S. 133 doesn’t automatically get repealed after commencement of the Air (Prevention and Control of Pollution) Act, 1981. So proceedings under the said section aren’t barred.   

The Supreme Court in the case of State of M.P. v. Kedia Leather & Liquor Ltd.^[19], while observing the relevance of Cr.P.C. hereinafter with the enactment of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 held that, “the are of operation in the provisions of Cr.P.C. and the above mentioned pollution laws is different with wholly different aims and objectives…the provisions of S. 133 of Cr.P.C. are in the nature of preventive measures, the provisions contained in the two Acts are not only curative but also preventive and penal”.

Penal sanctions are also available under the relevant Municipal Act and certain provisions under the Factories Act, 1948 like Section 96-A mentions penalty for contravention of provisions under sections 41-B, 41-C and 41-H defining a punishment of a term extending to ten years^[20].  

The Apex Court has observed that although, both the IPC and the Cr.P.C., “are of ancient vintage, the new social justice orientation imparted to them by the Constitution of India makes them a remedial weapon of versatile use” for the protection of the environment^[21].   

Civil Law Provisions

The statutory provision also involves the Civil Procedure Code (hereinafter, ‘the CPC’) with Public Nuisance. Section 91 of the CPC provides the right of action in case of public nuisance. Herein, the person under this section, polluting the atmosphere is liable to pay Rs. 200/- which is rather meagre; therefore there are several other provisions available to effectively preserve the environment. In addition to this several states have their own laws regulating pollution^[22]. The Indian Forest Act, 1927; The Motor Vehicles Act, 1939; Northern India Canal & Drainage Act, 1873; and several other such acts have been enacted to help efficiently with the situation at hand.

Conclusion

According to the data amassment and environment amassment studies of World Bank experts, between 1995 through 2010, India has made one of the most expeditious progress in the world, in addressing its environmental issues and amending its environmental quality.  All contemporary legal systems of the world recognize that law plays a vital role in translating a “policy” into “practice”^[23]. Ultimately, use of criminal machinery for the protection of the environment has the capability of solving environmental problems speedily and economically and a revolutionary change can be brought not only to safeguard the environment but also safeguard the lives of the public at large^[24]. Additionally devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle environmental problems and this approach has its supporters as well as critics since, generally environment law provides for a system of regulation by statutes, however, in India most of the environmental jurisprudence has been developed thorough writ jurisdiction. Regardless there are still several measures which can be taken to improve the condition in India; a step in the right direction might be to establish specific environmental courts to deal with cases in an efficient manner and to implement internationally well-acknowledged principles like sustainable development in a better way.

^[1] Pushpendra Kumar Mishra, The Impact of Environmental Pollution in India and Role of Judiciary to Protect Environment, 24 ALJ 300, 300 (2016-17).

^[2] L. Pushpa Kumar, Environmental Law in India – Part II, C.P.R. Environmental Education Centre (Aug. 15, 2013), http://cpreec.org/152.htm.

^[3] The United Nations Conference on Human Environment, Stockholm (5 to 16,  June 1972)

^[4] Environment, OECD (July 5, 2005), https://stats.oecd.org/glossary/detail.asp?ID=813. 

^[5] The Environment (Protection) Act, No. 29 of 1986, § 2(a).

^[6] Jerry A. Nathanson, Pollution, Encyclopaedia Britannica (Aug. 6, 2020, 12:00 AM), https://www.britannica.com/science/pollution-environment.

^[7] “environmental pollutant means any solid liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;” The Environment (Protection) Act, No. 29 of 1986, § 2(b).

^[8] The Environment (Protection) Act, No. 29 of 1986, § 2(c).

^[9] Anupama Goel & Shalini Marwaha, Environment Protection and Conservation: Real and requisite visage of remedial actions at national and international level, 18 ALJ 139, 141-142 (2007-08). 

^[10] Ibid. 

^[11] Fasih Raghib Gauhar & Mirza Juned Beg, Judicial Activism to Judicial Adventurism for the Protection of Environment: An analysis in the context of Expansive Meaning of Article 21 of Indian Constitution, 24 ALJ 225, 225 (2016-17).

^[12] Vellore Citizens’ Welfare Forum v. Union of India, (1996) 5 SCC 647.

^[13] (2000) 6 SCC 213.

^[14] Dr. P.S. Jaswal et al., Environmental Law 25-26 (4 ed. 2018).

^[15] (1869) (19) LT 220.

^[16] AIR 1987 SC 965.

^[17] AIR 1987 SC 1086.

^[18] 1994 Cri LJ 3649 (Raj).

^[19] (2003) 7 SCC 389.

^[20] The Factories Act, 1948 § 96-A (2).

^[21] Ratlam Municipality v. Vardhichand, AIR 1980 SC 1622.

^[22] Supra, note 13, at 37. 

^[23] K.I. Vibhute, Environment, Development and Law: Indian Perspective, 37 JILI 182, 184 (1995). 

^[24] K. Rama Joga Rao, Use of Criminal Law Machinery for Environment Protection, 7 SCC J-57, J-62 – 63 (2001).

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Introduction

The worldwide-declared pandemic COVID 19 has caused innumerable changes in human lives. Whether it is financially or socially every life is somehow or the other affected by this life-threatening virus. The novel coronavirus commonly known as COVID 19 got its first existence in a seafood market of Hunan, which is a place in Wuhan city of China on December 19. Slowly and gradually with the movement of people, it was spread throughout the world as it is a communicable disease. Global health emergency was declared and due to the arrival of this situation many restrictions were imposed and measures like lockdown, social distancing were taken to get control from the spreading of this deadly virus. Currently, worldwide it has been spread in 216 countries with 26,121,999 confirmed cases and 864618 confirmed deaths recorded.[1] With the growing number of days these figures continue to shift.

The aim was to control the spread of the coronavirus but it consequentially had a great impact on the environment and climate change. Due to the imposition of several guidelines and lockdown as most of the transports, businesses, industries, and factories were closed it caused some dramatic change in the level of carbon emissions and pollution-causing gases like carbon monoxide, sulphur dioxide, nitrogen dioxide. Water bodies have improved, animals can be spotted moving freely also along with the positive effects there are also negative effects of the pandemic like usage of water has been increased which is the most important for the existence of human beings wastage has increased.

This article is a brief study of what is COVID 19 and its impact on the environment.

What is coronavirus?

Coronaviruses is a large family of viruses which may cause illness in animals or humans. Several coronaviruses are known to cause respiratory infections in humans ranging from common cold to more serious diseases such as Middle East Respiratory Syndrome (MERS) and Severe Acute Respiratory Syndrome (SARS). The most recent form of coronavirus discovered produces a disease called COVID 19[2].

Most coronaviruses are not dangerous. The World Health Organization learned a new type of coronavirus SARS-CoV-2. COVID 19 is a disease caused by SARS-CoV-2, which can affect a person’s upper respiratory tract or lower respiratory tract. The upper respiratory tract includes sinuses, noses, and throats whereas the lower respiratory tract includes windpipe and lungs.[3]

Symptoms of COVID 19

The most common symptoms of coronavirus are dry cough, fever, and fatigue. Some other symptoms, which are not that common but may affect some patients, are diarrhoea, nasal congestion, conjunctivitis, loss of taste and smell, aches, and pains. Recently it has been discovered that some of the positive COVID 19 cases remain asymptomatic reasons as to why a patient remains asymptomatic have not yet discovered but according to Warner Greene, is an immunologist and microbiologist at the University of California San Francisco tells that some people’s innate immune system responds great to the virus and that’s because they remain asymptomatic.[4]

Impact of COVID 19 on environment

This pandemic situation has changed our lives upside down but these changes have indirectly had a huge effect on the environment and climate change. Our lives are dependent on nature but we as human beings have never taken it seriously when it comes to taking care of it. This pandemic has made us realize how our actions greatly affect the sustainability of the earth, which should be most important for us as human beings.

There have been some appreciable changes in the environment but at the same time, it has increased our dependency on water and many other things so COVID 19 situation has both positive and negative environmental consequences.

Positive environmental effects of COVID 19

1.         Effect on vegetarian

Lockdown in India since 24th march 2020 was a great help in the improvement of plants. As there was no human interference for quite a long time which gave time to plants to grow and produce more oxygen. Improvement in air and water quality allowed plants to grow better.

2.         Improvement in air quality

When the AQI (air quality index) level is below 50, humans breathe fresh, clean air. People are no longer exposed to any health risks because air quality is clear[5]. The Center for Energy and Clean Air Research found that the average PM 2.5 levels were reduced by 22 per cent on the first day of lockdown and a 15 per cent drop in nitrogen oxide from burning fossil fuels.[6]

Delhi is considered as one of the most polluted cities in the world but due to lockdown there was no heavy traffic and shutdown of industries, Delhi had a dramatic decrease in Air quality index as when observed from 25 march and 18 may mostly it was falling under the satisfactory category as analysed by the report of Air quality index India. Similarly, other cities like Bengaluru, Chennai and Mumbai have also observed a fall in air pollutants.

3.         Improvement in water quality

Another observance in the nationwide lockdown is the improved water quality. The major cause of water pollution is the industrial wastage discharged in the rivers. Since the lockdown temporary closure of the factories and industries, the rivers have become cleaner. One major instance was Ganges river dolphins were seen enjoying in the river Ganges in Meerut. These endangered freshwater dolphins are our national aquatic animal and lives in freshwater, which are now endangered.

According to B.D Joshi, Environmental Scientist the Ganga waters at Rishikesh and Haridwar have become very clean. Also according to Dr. P.K Mishra, professor at chemical engineering and technology, IIT BHU there has been 40-50% improvement in the quality of water in Ganga.[7]

4.         Free movement of animals

Wonder it took a virus to create space for other species. Another good impact of lockdown is May wildlife animals were spotted during this period. A lot of pictures and videos have been shared on social media platforms of animals roaming on the streets. In the streets of Chandigarh, sambar deer were spotted. Nilgai was seen roaming outside a mall in Noida. Malabar civet was crossing a road in Kozhikode. These instances show how lockdown helped the wildlife animals in creating space for themselves.

5.         Reduction in noise level from the environment

Noise pollution, unwanted or excessive sound that can have deleterious effects on human health and environmental quality. In many industrial facilities and some other workplaces, noise pollution is commonly generated, but it also comes from the activities of road , rail and aircraft traffic and outdoor construction. As the definition suggests the main causes of noise pollution are the above-mentioned activities[8]. All of these activities have been on hold due to imposition of lockdown, this measure has acted as a boon for the population and the environment as environmental noise causes major discomfort.

Negative environmental effects of COVID 19

1.         Increased usage of water

Our existence majorly depends on one natural resource that is water. One of the precautionary measures we are taking to combat this deadly virus is washing our hands every hour for 20 seconds. Along with washing hands whenever a person comes from outside from some essential work or buying essentials, taking bath is also important as practising it would sanitize the whole body and risk of contaminating the virus would get reduce. Now with all of these measures, which are very important for us to practice, the usage of water has increased.

Approximately 98 per cent of all Earth’s water is in the sea. Freshwater accounts for less than 3 per cent of the earth’s water and almost 65 per cent of this drinking water is wrapped up in glaciers. Rivers, streams, reservoirs and freshwater dams produce 1% of drinking water, while groundwater accounts for 0.3%. Human life is made up of more than 60% of water[9] and therefore our body depends upon the water largely. It is a limited natural resource that we have to save for the survival of us and our future generation. The pandemic has left us with no option but to increase our daily usage of water in these tough times.

2.         Increase in wastage

The biomedical wastage has increased with the making of gloves, masks, PPE kits, syringes, saline bottles, etc. The government of each state has made it necessary for each person to use mask whenever stepping out of the house. The number of COVID 19 patients are increasing every day, so the demand for the masks, gloves, plastic shields are increasing simultaneously due to which plastic wastage has been increased.

According to SMS a private waste operator appointed by Brihanmumbai Municipal Corporation (BMC), the quantity of Covid-19 and biomedical waste increased from an average of 12,200 kilograms per day in June to the average of 24,880 kilogrammes per day in August carried in yellow bags from more than 12,000 Mumbai healthcare centres.[10]

All of these biomedical wastes, plastic waste are inorganic waste and these wastes are indirectly connected with major environmental issues such as deforestation, soil erosion, water, and air pollution.

3.         Reduction in waste recycling

Recycling is a method of converting waste material into a reusable one. It helps in the conservation of natural resources and prevent pollution. However, waste recycling has been reduced, as authorities are concerned about the risk of spreading the virus from the waste generated from the hospitals. In addition, gatherings of people in the recycling centre would amount to increase the risk of contamination of the virus amongst them.

Some case laws related to the right to live in a clean environment

1. Subhash Kumar vs state of Bihar and others[11]

It was held in this case that the Right to live is a fundamental right guaranteed under Article 21 of the Constitution and guarantees a citizen to live in pollution-free water and air.

• Union Carbide Corporation vs Union of India[12] (Bhopal gas tragedy)

In this case, it was held that whenever a person undertaking is engaged in an innately dangerous or a hazardous activity and causes damage to anyone by a malfunction in the operation of such harmful or naturally it. Therefore, the Supreme Court of India applied the concept of absolute liability without any exemption.

• Narmada Bachao Andolan vs Union of India And Others[13]

In this case, it was held that water is the basic requirement for the survival of human beings and is a part of the right to life and human rights under Article 21 of the Indian Constitution.

• M.C. Mehta vs Union of India[14]

By implementing three principles called Sustainable Growth, Precautionary Principle, Polluters Pay Principle and Articles 21, 48A and 49[15], the Supreme Court ordered the substitution of natural gas for fossil fuel to the 292 industries that caused pollution in TTZ. Industries that are not, for whatever cause, in a position to obtain gas link had to stop operating with the aid coke and coal in TTZ. There were also some privileges and benefits provided to employees working in the 292 industries.

Conclusion

COVID 19 has both positive and negative effects but the negative effects are going to last for a long time where positive effects are just for a short period. There is no doubt that the emission of Green House Gases has decreased during the period of pandemic however it cannot be neglected that there will be very little impact on the harm which has been done in the atmosphere for decades now. As soon as the lockdown got over it can be observed that again the emission of carbon and other Green House Gases is increasing. Industries, factories will again start, people will gather again at public places, the water, and air, which got clean during these times, will start to get polluted again. So all the positive impact on the environment is temporary since when the pandemic ends, countries to revive their economies will work harder, and therefore along with the revival of economies, air and water pollution will also revive damaging our planet. There will be no surprise that in near future similar type of pandemic happens due to climate change, water pollution, air pollution, etc. therefore the people themselves must start taking care of their surroundings so that there is a longer positive impact on the environment.

Also, the government should start taking some innovative steps like using appropriate technology which is adaptable and eco-friendly, promoting environmental awareness, for minimization of resource use by using 3-R (reduce, reuse, and recycle) approach for sustainable development. These steps would help in achieving the goal of healthier environment.

[1]Coronavirus disease (COVID-19) pandemic, World Health Organization, Publication Date:09/04/20, https://www.who.int/emergencies/diseases/novel-coronavirus-2019, Last visited:09/04/20.

[2]What is coronavirus?, World Health Organization, Publication Date:04/17/20, https://www.who.int/emergencies/diseases/novel-coronavirus-2019/question-and-answers-hub/q-a-detail/q-a-coronaviruses, Last visited:09/01/20.

[3] Coronavirus and COVID-19: What You Should Know, WebMD, Publication Date:08/21/20, https://www.webmd.com/lung/coronavirus, Last visited:09/01/20.

[4] WHY ARE SOME COVID-19 PATIENTS ASYMPTOMATIC?, Inverse, Publication Date:04/19/20, https://www.inverse.com/mind-body/why-are-some-people-asymptomatic, Last visited:09/01/20.

[5] REAL-TIME AIR QUALITY INDEX(AQI), AQI India, https://www.aqi.in/#how_it_works, Last visited:09/02/20.

[6] Cleaner rivers, less pollution: India’s Covid-19 lockdown has some positive effects, The Hindustan Times, 2020, https://www.hindustantimes.com/india-news/cleaner-rivers-less-pollution-india-s-covid-19-lockdown-has-some-positive-effects/story-Gq4IoC6nuyOe7kInyQeHnM.html.

[7] Bobins Abraham, River Ganga’s Water Quality Has Improved So Much During Lockdown That Now It’s Fit To Drink, Indian Times,2020, https://www.indiatimes.com/news/india/river-gangas-water-quality-has-improved-so-much-during-lockdown-that-now-its-fit-to-drink-510758.html.

[8] Noise pollution, Britannica, https://www.britannica.com/science/noise-pollution, Last visited:09/02/20.

[9] How Much of Earth’s Water is Fresh?, HARN R/O SYSTEMS INC., Published Date:06/23/20, https://blog.harnrosystems.com/how-much-water-on-earth-is-drinkable#:~:text=Fresh%20water%20makes%20up%20under%203%25%20of%20all,is%20made%20up%20of%20more%20than%2060%25%20water., Last Visited:00/03/20.

[10] Badri Chatterjee, Mumbai’s Covid-19 waste doubles in 3 months, treatment facility runs out of storage space, The Hindustan Times, 2020, https://www.hindustantimes.com/india-news/city-s-covid-19-waste-doubles-in-3-months-treatment-facility-runs-out-of-storage-space/story-RB9z2efys8dlctlXXUxL0H.html

[11] (1991) AIR 420,1991 SCR (1) 5

[12] (1992) AIR 248, 1991 SCR Supl. (1) 251

[13] AIR 2000 SC 3751

[14] (1987) AIR 1086, 1987 SCR (1) 819

[15] The Constitution of India,1950.

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THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA vs. AAM AADMI LOKMANCH

FACTS:

Ms. Vishakha Wadekar, was driving her car with her young daughter, Sanskruti Wadekar she had no inkling that danger lurked round the corner of the highway; over-mining near the hill that resulted in the destruction of a small hill by the side of the national highway. The resultant debris and a part of the hill collapsed and slid down to the road, claiming the lives of Ms. Vishakha and her daughter. This was as the result of illegal mining and activites along the national highway. After this incident, on an application by Aam Aadmi Lok Manch the Pune bench of National Green Tribunal issued several directions in this regard. The Lokmanch president approached the court seeking mandatory injunction to restore natural contours at the foot base of the hill that had been destroyed.

ISSUE:

General relief sought to issue directions to other Respondent Authorities to take necessary action for protection of hills from destruction and maintain foot based design of the hills in the natural survey, and surveying the powers of the National Green Tribunal.

LEGAL PROVISION:

Section 14(1) read with Section 16 and Section 18 of the National Green Tribunal Act, 2010.

 PETITIONER CONTENTION:

Aam Aadmi Lokmanch reported that there were large number of newspaper reports, which showed destruction of hills around city of Pune for the purpose of land grabbing and illegal construction of buildings. They contended that it is important to protect the hills because if it is left unchecked and there is rampant soil-cutting and land grabbing then it will lead to erosion and it may lead to landslides and this is exactly what happened to Ms Vishakha Wadekar and her daughter and they were victims of the National highway authority of India’s negligence to allow illegal construction of buildings near the hills and not preventing the land grabbing.

Respondent contention:

The NHAI contended that there was no material on record to establish that they were in any way culpable or had failed to perform a public duty or neglected to avert a foreseeable calamity and therefore, the finding of NGT that they pertained to the neglect or alleged omission were contrary to law.

COURT OBSERVATION:

Taking note of provisions of the National Green Tribunal, The bench comprising of Justice RF Nariman, S.Ravindra Bhatt, and V.Ramasubramaniam observed that the NGT’s jurisdiction is not restitutionary but a remedial one. It said its powers can also be preventive. NGT is an expert regulatory body and its personnel include technically qualified and experienced members. The bench observed that the earlier judgement passed by NGT that developments and  constructions should not  be carried out within 100 feet of the lowest slope of any hill within its territorial limits as well as hill-tops was without any rationale and scientific evidence.

JUDGEMENT:

The court passed the judgement that the National Green Tribunal (NGT) has correctly assumed jurisdiction, keeping in view the nature and accident in the facts of the case. The court held NHAI liable to compensate accident and death which was caused by failure to prevent illegal mining along the National Highway, and directed the NHAI to pay Rs.15 lakhs as compensation to the legal representative of the deceased mother and daughter. The court further added that the NGT has power to issue general directions for future guidance to prevent harm and injury to the environment.

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A carbon credit is a tradable grant or authentication that gives the holder of the credit the option to radiate one ton of carbon dioxide or a likeness another ozone-depleting substance – it’s balanced for makers of such gases. The principle objective for the formation of carbon credits is the decrease of emanations of carbon dioxide and other ozone-depleting substances from modern exercises to lessen the impacts of a dangerous atmospheric deviation 

Carbon credits are showcase instruments for the minimization of ozone harming substances outflow. Governments or administrative specialists set the tops on ozone-depleting substance outflows. For certain organizations, the prompt decrease in the outflow isn’t financially feasible. In this way, they can buy carbon credits to conform to the discharge top. Organizations that accomplish the carbon counterbalances (lessening the outflows of ozone harming substances) are generally remunerated with extra carbon credits. The offer of credit surpluses might be utilized to sponsor future undertakings for the decrease of emanations. 

The presentation of such credits was confirmed in the Kyoto Protocol. The Paris Agreement approves the use of carbon credits and sets the arrangements for the further help of the carbon credits markets. 

Kinds of Carbon Credits 

There are two kinds of credits: 

• Voluntary outflows decrease (VER): A carbon counterbalance that is traded in the over-the-counter or willful market for credits. 
• Certified outflows decrease (CER): Emission units (or credits) made through an administrative system to balance an undertaking’s emanations. The fundamental contrast between the two is that an outsider is guaranteeing the body that manages the CER instead of the VER. 

Exchanging Credits 

Carbon credits can be exchanged on both private and open markets. Current principles of exchanging permit the global exchange of credits. The costs of credits are determined by the degrees of gracefully and request in the business sectors. Because of the distinctions in the gracefully and request in various nations, the costs of the credits vacillate. 

Even though carbon credits are valuable to society, it is difficult for a normal financial specialist to begin utilizing them as speculation vehicles. The affirmed emanations decreases (CERs) are the main item that can be utilized as interests in the credits. Be that as it may, CERs are sold by uncommon carbon supports set up by huge money related foundations. The carbon reserves furnish little speculators with the chance to enter the market. 

There are unique trades that represent considerable authority in the exchanging of the credits, including the European Climate Exchange, the NASDAQ OMX Commodities Europe trade, and the European Energy Exchange. 

The requirement for Carbon Credit 

• The Kyoto conventions submit certainly created nations to decrease their GHG outflows and for this, they will be given carbon credits. 
• Every Industrialized country has been given sure standard of units; The amount of the underlying relegated sum is designated in singular units, called Assigned sum units(AAUs), which is comparable to discharge of 1 Ton of CO2 or proportionate emanations of other ozone harming substances like Methane, Nitrogen oxides and so on and these are gone into the nation’s national library. 
• Now if a nation doesn’t go through its whole stipend of credits, it can either spare it or trade it for cash or offer it to some nation that has surpassed its cutoff. If a nation goes through its whole cutoff, it needs to purchase credits from another nation that has not spent its whole stipend. 
• Similarly, Operators that have not spent their portions can sell their unused recompenses as carbon credits, while organizations that are going to surpass their standards can purchase the additional stipends as credits, secretly or on the open market. 
• All these exchanges are communicated in Carbon credits and they are exchanging the market is designated “Carbon Trading/Emission Trading. 

Affirmed Emission Certificate 

A decrease in emanations qualifies the element for credit as a Certified Emission Reduction (CER) authentication. 

Regardless of whether Certified Emission Certificate (CER) are tradable? 

The CER is tradable and its holder can move it to a substance that needs Carbon Credits to defeat a horrible situation on carbon credits. 

Taxability of Carbon Credits 

Personal duty Department has been rewarding the pay on the move of carbon credits as Business Income which is liable to burden @ 30%. Notwithstanding, unique choices have been given by the courts on the issue concerning whether the salary got or receivable on the move of carbon credit is an income receipt or capital receipt. 

To welcome lucidity on the issue of tax collection from salary from the move of carbon credits and to urge measures to ensure the earth, it is proposed to embed another segment 115BBG to give that where the complete payment of the assessee incorporates any pay from the move of carbon credit, such payment will be available at the concessional pace of 10% (in addition to relevant extra charge and cess) on the gross measure of such pay. 

No consumption or stipend concerning such salary will be permitted under the Act. 

This correction will produce results from first April 2018 and will, likewise, apply comparable to the AY 2018-19 and ensuing years. 

Section 115BBG:

Tax on salary from the move of carbon credits. 

115BBG. (1) Where the complete salary of an assessee incorporates any pay by the method of the move of carbon credits, the annual expense payable will be the total of— 

(a) the measure of personal duty determined on the salary by the method of the move of carbon credits, at the pace of 10%; and 

(b) the measure of personal duty with which the assessee would have been chargeable had his all-out pay been decreased by the measure of salary alluded to in statement (a). 

(2) Notwithstanding anything contained in this Act, no reasoning concerning any consumption or remittance will be permitted to the assessee under any arrangement of this Act in processing his salary alluded to in proviso (a)of sub-area (1). 

Conclusion

For the reasons for this area “carbon credit” concerning one unit will mean a decrease of one ton of carbon dioxide discharges or outflows of its proportional gases which is approved by

the United Nations Framework on Climate Change and which can be exchanged market at its predominant market cost.

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The Covid -19 pandemic has shuttered world economies ,  put livelihoods at peril ,and exposed humans to grave and fatal  health risks . However , governments across the globe have demonstrated exceptional political will and  international coordination in times of this public health crisis. Due to  reduced human stress on environment –  people are breathing cleaner air ,some  have witnessed  the Dhauladhar mountains range from outskirts of  Punjab due to reduced air pollution , a cleaner Ganga river is reported  and dolphins are spotted in Venice backwaters .As the nature reclaimed its space , the wild roam free on empty streets now.

Covid-19 is  also collaterally impacting carbon emissions. Global carbon emissions from the fossil fuel industry are  projected to fall by a record 2.5bn tonnes this year,  almost  5%, reduction  as the Covid-19 pandemic triggers a drop in demand for fossil fuel.^[1] International Energy Agency (IEA) has  predicted a fall of 8% CO2 emissions as global economy is shut down .^[2]Whereas China’s carbon emissions fell by around 25% over a four-week period ( feburaray 2020 ), equivalent to around 200m tonnes of CO2 (MtCO2).^[3]

However , here is why  these predictions should not be considered  a  triumph over  climate crisis :

1. Emission Rebound As Economy Rebound .

The  current emission reduction  is driven by sudden  reduction in fossil fuel usage which in turn is the resultant of   an   economic slowdown simulated by Covid -19 pandemic . The health risk from virus  has -forced  millions of people to  be locked down in their home , has closed down  and restricted  production and industrial units and  reduced global energy demand as aviation industry and road transportation comes to  a halt.  

However, once the economies start recovering , the emissions will rise too as both are interlinked. For instance,  the global financial crisis of 2008  also saw  reduction in global CO2 emissions from fossil fuel usage and cement production  by 1.4 percent, but it again  got raised  by 5.9 percent in 2010.^[4]

Post lockdown it can be expected that people may shun public transportation for private vehicles increasing the demand for oil. Moreover, if recession sets in due to Covid-19   , one can also expect many countries compromising on their environment regulations and standards to absorb the shocks and fast pace their economic recovery . As China restarts its industries and India looks towards lifting the lockdown strategically, emissions and pollution   can only  be expected to rise .

2. Infallible Nature of Carbon Concentrations in Atmosphere.

Temporary reduction in carbon emissions does have little to no impact on the concentrations of carbon dioxide that have already accumulated in the atmosphere over decades. CO2 can remain in atmosphere for years several decades^[5] , therefore even if one turns off the emission tap and reach zero emissions  , the atmosphere will  be filled  with large  amount carbon concentrations which has to be absorbed and offset  over several years to reach a balanced carbon budget , ensuring of ‘course that the emission tap remains shut throughout. A situation like this is only utopian in sense.

3. Derailed Climate Mitigation  and Adaptation Efforts

Restrictions imposed due to Covid-19 has actually derailed climate mitigation effort and  slowed down progress of climate action across the world. The year 2020 was significant  for countries to intensify their efforts and commitments towards climate change action and take their Paris commitments forward, however , many conferences  and meetings, vital for climate change action got postponed or suspended due to Covid-19.

COP26 under Paris agreement which was  scheduled to be  held in Glasgow in November 2020 and  meetings under UN convention on Biodiversity have been postpone given the  risk  posed by Covid-19 to public health and safety^[6] .

Renewable energy projects  around the world are facing delays and solar power supply chain has taken a hit . As majority of the solar modules manufacturing units are located in china,  projects which are  under construction have come to a halt due to lockdown as imports get disrupted and air transport and shipping remains shut. As per report it is projected  that India could see over 21.6 per cent or 3 gigawatts (GW) of solar power and wind installations being delayed  if country’s lockdown continues.^[7]

Therefore, the sudden decline in carbon emissions owing to COvid-19 can only be said to be extrinsic and temporary which will not have any lasting effect on climate change. Our response to climate crisis essentially requires a structural change in our economies and should be driven by right government policies resulting in a climate resilient future and not by locking people down in their homes.

People are calling the reduced carbon emissions and air pollution as a silver lining in times of distress, however on the downside, the pandemic has actually exposed the direct link between human health and ecological health. We are in fact witnessing the morbid reality of how pervasive and degrading human influence on environment is, that it is only when humans are locked down, nature can recuperate.

^[1] Jillian Ambrose, Carbon emissions from fossil fuels could fall by 2.5bn tonnes in 2020,  The Gaurdian,  12 Apr 2020 , https://www.theguardian.com/environment/2020/apr/12/global-carbon-emisions-could-fall-by-record-25bn-tonnes-in-2020

^[2]  See,  analysis of carbon emissions , 30^th April 2020,  Carbon brief .org, available at  https://www.carbonbrief.org/iea-coronavirus-impact-on-co2-emissions-six-times-larger-than-financial-crisis

^[3] Lauri Myllyvirta , Analysis: Coronavirus temporarily reduced China’s CO2 emissions by a quarter , 19 feb 2020 ,updated on 30^th march 2020, https://www.carbonbrief.org/analysis-coronavirus-has-temporarily-reduced-chinas-co2-emissions-by-a-quarter

^[4]see , Peters, G., Marland, G., Le Quéré, C. et al. Rapid growth in CO2 emissions after the 2008–2009 global financial crisis. Nature Clim Change 2, 2–4 (2012). https://doi.org/10.1038/nclimate1332

^[5] Ciais, P., C. Sabine, G. Bala, L. and P. Thornton, 2013: Carbon and Other Biogeochemical Cycles. In: Climate Change 2013: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Stocker, T.F., D. Qin, G.-K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. Available  at https://www.ipcc.ch/report/ar5/syr/

^[6] See , COP26 postponed https://news.un.org/en/story/2020/04/1060902 ; Meetings under UN convention on biological diversity  suspended : https://www.cbd.int/doc/press/2020/pr-2020-03-17-meetings-en.pdf

^[7] As cited in economic times , energy world ,7^th April 2020, available at : https://energy.economictimes.indiatimes.com/news/renewable/indias-renewables-installation-could-fall-by-a-fifth-due-to-lockdown-wood-mackenzie/75027294

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Alembic Pharmaceuticals v. Rohit Prajapati (2020 SCC OnLine SC 347)

Facts 

The Ministry of Environment and Forests (MoEF) issued the Environment Impact Assessment (EIA) Notification of 1994 which mandated that a list of industries (mentioned in Schedule I of the notification) had to get Environmental Clearances (ECs) for setting up and expanding their business (if the pollution load exceeded the existing one). The deadline for this was extended to 31^st March 1999 and thereafter to 30^th June 2001 through various circulars. On 14^th May 2002, the MoEF issued a circular which allowed industries to get an EC after they had begun operations till 31^st March 2003, thereby allowing ex post facto ECs. The circular also demanded that any defaulting units wishing to expand operations had to provide funds (proportionate with the investment) given towards eco development or community development projects in India.

The bench of the National Green Tribunal (NGT) for the Western Zone gave a verdict on 8^th January 2016. It struck down the 2002 notification and ordered to shut down all the units operating without a valid EC. It also ordered for each unit to pay a sum of Rs. 10 Lakhs as compensation. Alembic Pharmaceuticals is the appellant in the lead appeal in the Supreme Court and it also owns two of the other industries (6^th and 7^th respondent) that were before the NGT. United Phosphorus Ltd. and Unique Chemicals were the 8^th and 9^th respondent. Thus, making it three industries in the case.

Issues 

The main issue was identified as, whether through the notice made on 14 May 2002, ex post facto environment clearances could be given. Following are the sub-issues addressing in the verdict that dealt with the main issue.

1. Whether the NGT had jurisdiction to strike down the circular dated 14^th May 2002 that extended the time for getting an EC.
2. Whether the EIA notification of 1994 requires the industries listed under Schedule I to get an EC “prior” to commencement of operations.
3. Whether the three industries came under the exception clause (clause 8) of the Explanatory Note for the EIA notification of 1994. 
4. What are the consequences that the three industries will have to face for not complying with the EIC notification of 1994? 

Judgment

1. To adjudicate upon the matter of jurisdiction, the Supreme Court looked to Tamil Nadu Pollution Control Board v. Sterlite Industries Ltd. It was found that NGTs didn’t have the power to strike down regulations that are created under the Environment Protection Act (EPA) 1986. But was the circular dated 14^th May 2002 issued by the MoEF a regulation under the EPA? Section 3(1) of the EPA gives the government power to act against pollution but what the Supreme Court found was that the circular dated 14^th May 2002 was not a document enforced under section 3(1) if the EPA. This is because the circular in fact acted detrimental to the environment by providing ex post facto ECs. The circular was also considered “a purely administrative action” by one of the appeals from the Union of India thus not under the EPA. Hence the NGT could strike it down.
2. The words of the notification dated 1994 were very clear on the fact that it mandated the industries to get an EC before operations began. There was no need to put the word “prior” to indicate that. An ex post facto EC is considered as derogatory to fundamental principles of environmental jurisprudence. The purpose of an EC is for the government to properly assess the damage that the industrial unit could have on the environment and only after various stages of that decision-making process can an EC be granted. The point of an EC is lost when it is granted after operations have begun and damage has been done to the environment. Hence this bench of the Supreme Court upheld the decision made in Common Cause v. Union of India and declared the circular invalid.
3. The industries pleading that they were an exception under 1994 notification were found to be outside the exception. The industries did not have the required clearances before 27^th January 1994 and thus had to seek ECs from the Impact Assessment Agency, which they only received post the original deadline. 
4. Seeing that the industries hadn’t followed the mandates of the 1994 notification and held that the 2002 circular was invalid, the Supreme Court ordered the three industries to pay a sum of Rs. 10 Crores each to the Gujarat Pollution Control Board and it reversed the prior order of the NGT that mandated the shutdown of the industries because several people had been employed by them and a lot of investments had been made for their expansions.

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