Environment law

Environment law

REF: UNITED NATIONS CONFERENCE ON HUMAN

ENVIRONMENT - STOCKHOLM 1970

Legal position in India, prior to this Conference, was:

Principles of Common law applied:

LAW OF TORTS - covers all civil wrongs other than
- breach of contract
and - breach of trust
- covers damage to - person,
- property
and - reputation.

Environment law

Civil wrongs and liabilities under Torts:

Broadly, civil wrongs arising out of 3 types of acts:
1. Misfeasance, 2. Malfeasance, 3. Nonfeasance.

Nuisance

Trespass

Duty to care: Professional Errors and Omissions

Defamation: Libel and slander

Negligence: - Strict liability

- Absolute liability

Remedies: - injunction
- abatement
- damages
-

Strict liability - Absolute liability

STRICT LIABILITY: (Rylands vs. Fletcher)

RULE If a person brings on his land for
non-natural use
any thing which is likely to do mischief,
if it escapes
and it escaped and did harm or injury to any
person or property,
that person is liable for damages,
Even if he is not negligent.
Exceptions
- Contributory negligence of injured/consent
- Act of God
- Act of stranger or third party
- Act of statutory authority
-

 ABSOLUTE LIABILITY:
This Rule was made by Supreme Court of India. It
takes away the exceptions made available to Strict
Liability.
RULE When an enterprise is
engaged in - hazardous or
- inherently dangerous activity
with potential threat to - health and safety of
public
it owes an absolute liability without any
exceptions.
Even if it is - not negligent.
[Study Sriram Chemicals case
and Bhopal Gas leak case].
From this Rule stems-up the Concept of:
- Public Liability Insurance.

Environment law
Criminal Law Indian Penal Code (IPC) - 1860
Public nuisance means:
Negligent
conduct causing injury to public interest.

Such as
1. Spreading infectious diseases dangerous to
life
2. Fouling water sources of public
3. Making atmosphere noxious to health
4. Dealing in - Poisonous substances
- Fire or combustible matter
- Explosive substances

Environment Law
Constitution of India:
1. Guarantees to it citizens
Art 19 Freedom to practice or carry on any
Profession, Trade, Business;
Art 21 Right to life with dignity and personal
liberty;
2. Directs that the State Policy shall be
Art 47 to raise the levels of nutrition and the
standards of living and to improve public health;
Art 48 (A) to protect and improve environment
and safeguard forests and wild-life.
Art 50 (c) to foster respect for international law
and treaty obligations in the dealings of organized
people with one another.
.

Environment Law

Constitution of India: (Contd)

3. Imposes Fundamental Duties on its
citizens
Art 51 (A) clause (g) : It is the
duty of every citizen of India to
protect and improve
environment, - forests, lakes, - rivers, and
wild life

Environment law-Special legislations

The water (prevention and

control of pollution) Act 1974
The Air (prevention and control of
pollution) Act1981