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Environmental Law In India

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HISTORY OF ENVIRONMENTAL LAW IN INDIA Environment indubitably plays a vital role in our daily lives. Environment is being threatened with increasing technological advancement & industrialization. Hence, over the last few decades there has been increased awareness as to environmental protection. As a result of this, environmental jurisprudence in India has also seen a sea change. On a study of the environmental law in India, we find various scenarios starting from the ancient India on preservation of nature. Ancient India Environment is considered to be something inherited from one’s ancestors. God’s presence is equated to nature and nature is worshipped extensively in Hindu culture. Divine forces were associated with various forms of nature …show more content…

• Mughal rulers contributed by way of magnificent gardens, bountiful orchards and pleasure parks. However, though they spent a large time enjoying nature, they did not make great efforts in the direction of natural forest cover conservation. British Era The British colonialism undoubtedly brought about a depletion of India’s rich natural resource. This was in line with the Judeo Christian Principle that all resources & nature belonged to men and were meant for the exclusive use & benefit of the human species alone. Apart from a few token laws on forest protection, noise pollution and water pollution, there was almost a complete indifference towards environmental conservation in India. It may also be noted that the laws that were enacted by the British in this regard showed a very narrow scope and was restricted only to certain territories in India. Some instances of the laws enforced by the British were as follows:- • Shore Nuisance (Bombay and Kolaba) Act of 1853 • Oriental Gas Company Act of …show more content…

In this case, Shriram Industries was allowed to operate in a designated air pollution control area. Oleum Gas leaked accidentally from the factory. Though the company was in compliance with the limits permissible air pollution laws at that time, the Supreme Court of India slapped the company with liability for the accidental leakage of gas. Hence, Courts of India uphold the “polluter pays principle” for damages caused on account of polluting activities whereby the polluting parties have to pay out civil liabilities for environmental

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